Portola Valley City Council
October 9, 2024

TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, October 9, 2024
7:00 PM

HYBRID MEETING

A G E N D A
Sarah Wernikoff, Mayor
Judith Hasko, Vice Mayor
Jeff Aalfs, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember
HISTORICSCHOOLHOUSE - 765PortolaRoad,PortolaValley,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.

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1. CALL TO ORDER / ROLL CALL

2. PRESENTATIONS / PROCLAMATIONS

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

4. ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, however, the Council is not able to undertake extended discussion or action on items not on the agenda. Each speaker’s time is limited to three (3) minutes.

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Town of Portola Valley – Council Agenda
October 9, 2024

5. CONSENT AGENDA
a. Approve Regular Meeting Minutes of September 25, 2024 b. Approve Special Meeting Minutes of September 19, 2024 c. Approve Special Meeting Minutes of March 18, 2024 (Workshop) d. Approve Regular Meeting Minutes of March 13, 2024
e. Approve Regular Meeting Minutes of January 24, 2024
f. Approve Warrant List of September 30, 2024 and October 9, 2024 g. Adopt Resolution Approving and Authorizing Disposition of Surplus Town-Owned Property h. Approve response to San Mateo County Grand Jury Report: “Restaurant Exteriors: The Neglected Space”

6. REGULAR AGENDA
a. Consideration of Awarding a Contract to Matrix Consulting Group for a User Fee/Nexus Study, in an Amount not to exceed $66,000
b. Consideration of Approving Interim Town Manager Employment Agreement and Budget Amendment
c. Discussion of Revenue Enhancement Options Under Consideration by the Finance Committee

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 October 23, 2024, at 7:00 p.m.

Item 2
There are no written materials for this Item.

Item 3
There are no written materials for this Item.

PORTOLA VALLEY TOWN COUNCIL REGULAR MEETING MINUTES - SEPTEMBER 25, 2024

1. CALL TO ORDER / ROLL CALL
Mayor Wernikoff called the Regular Meeting to order at 7:03 p.m. Roll call was taken.

Present: Councilmembers Jeff Aalfs, Mary Hufty, Vice Mayor Judith Hasko and Mayor Sarah Wernikoff

Absent: Councilmember Craig Taylor
Others: Assistant Town Manager Corie Stocker, Clerk Consultant Christine Boland

2. PRESENTATIONS / PROCLAMATIONS
None.

3. TOWN MANAGER REPORT
Assistant Town Manager Stocker updated the Town Council on several items: reported that two successful town events were held recently, introduced Christine Boland, extra help in the Clerk’s Office, reported the building department is working on its backlog of permits, and expressed appreciation to Finance Director McFarlane for his extraordinary work. Finally, Ms. Stocker stated staff has not heard back yet from the Calif. Department of Housing and Community Development on certification of the Housing Element.

4. ORAL COMMUNICATIONS
None.

5. CONSENT AGENDA
Mayor Wernikoff invited public comment on the Consent Agenda. None was received.

Councilmember Aalfs moved approval of the Consent Agenda items a, b, c, d, and e, seconded by Councilmember Hufty. Motion carried by unanimous roll call vote.

Councilmember Taylor was absent.
a. Approve Special Meeting Minutes of September 11, 2024 b. Approve Regular Meeting Minutes of September 11, 2024 c. Approve Warrant Lists of September 11, 2024 and September 25, 2024 d. Receive Notice of Intent to Update Town’s Conflict of Interest Code e. Appoint two members to the Trails and Paths Committee

6. REGULAR AGENDA

7. COLLEAGUES MEMO
a. Consideration of directing staff to agendize introduction of a Disposable Food Service Ware Ordinance
Mayor Wernikoff asked for Council discussion and consideration of placing an item on the next agenda to consider implementation of a disposable food service ware ordinance.

Town Attorney Engberg explained the process of introducing the County’s model ordinance at a future meeting, which would require two meetings to adopt and 30 days to become effective. She discussed possibly building in a grace period in the ordinance for businesses to gear up with the proper disposable food service ware.

The following members of the public provided comment:
• Rita Comes
• Kristi Corley
There was a consensus to place the item on an upcoming agenda. Councilmember Aalfs moved to direct staff to agendize consideration of a Disposable Food Service Ware Ordinance, seconded by Vice Mayor Hasko. Motion carried unanimously by roll call vote. Councilmember Taylor was absent.

8. COUNCIL SUBCOMMITTEE, LIAISON COMMITTEE, AND REGIONAL AGENCIES

REPORTS
Councilmember Hufty stated the Conservation committee would be meeting in December.

The following members of the public provided comment:
• Caroline Vertongen
• Betsy M
• Rita Comes

9. ADJOURNMENT
Mayor Wernikoff adjourned the meeting at 7:33 p.m.
___________________________________ _______________________________ Sarah Wernikoff, Mayor Christine Boland, Clerk Consultant Submitted for Council approval – Oct. 9, 2024

PORTOLA VALLEY TOWN COUNCIL SPECIAL MEETING MINUTES – SEPTEMBER 19, 2024

1. CALL TO ORDER / ROLL CALL
Mayor Wernikoff called the meeting to order at 2:35 p.m. Assistant Town Manager Stocker called the Roll Call:

Present: Councilmembers Jeff Aalfs, Mary Hufty, Craig Taylor and Vice Mayor Judith Hasko and Mayor Sarah Wernikoff

Absent: Councilmember Jeff Aalfs
Others: Assistant Town Manager Corie Stocker, Town Attorney Catherine Engberg

2. PUBLIC COMMENT
None.

3. CLOSED SESSION
Mayor Wernikoff convened the closed session at 2:36 p.m. to discuss the following:
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Govt. Code section 54957) Town Manager Sharif Etman
PUBLIC EMPLOYEE APPOINTMENT/EXTENSION/SEPARATION (Govt. Code section 54957)
Title: Town Manager
CONFERENCE WITH LABOR NEGOTIATORS (Govt. Code section 54957.6) Agency designated representative: Catherine Engberg, Town Attorney Title: Town Manager

ADJOURNMENT
Mayor Wernikoff reconvened the Special Meeting at approximately 4:15 p.m. and adjourned. ___________________________________ ________________________________ Sarah Wernikoff, Mayor Corie Stocker, Assistant Town Manager Submitted for Council approval – Oct. 9, 2024

PORTOLA VALLEY TOWN COUNCIL SPECIAL MEETING MINUTES - MARCH 18, 2024

1. CALL TO ORDER / ROLL CALL
Mayor Wernikoff called the Special Meeting for Priority Setting to order at 9:00 a.m. from the Sequoias Portola Valley, 501 Portola Road, Parlor 3. Assistant Town Manager Corie Stocker called the roll call:

Present: Councilmembers Jeff Aalfs, Mary Hufty, Craig Taylor, Vice Mayor Judith Hasko and Mayor Sarah Wernikoff

Absent: None

Others: Town Manager Sharif Etman, Assistant Town Manager Corie Stocker

2. PUBLIC COMMENT
None.

3. PRIORTY SETTING AGENDA

a. Hold a Town Council priority and goal setting workshop to provide direction and work towards creating priorities through fiscal year 2024-25

The Town Council and Town staff met to discuss priorities and set goals for the next fiscal year.

At the conclusion of the workshop, five priorities were established, to be voted on at a future Town Council meeting:

1. Fiscal responsibility and long-term viability;

2. Safety;

3. Responsible land use;

4. Organization Efficiency and Effectiveness; and

5. Environmental Sustainability.

4. CALL TO ORDER – CLOSED SESSION

At 3:00 p.m., Mayor Wernikoff invited public comment prior to convening a Closed Session.

5. PUBLIC COMMENT
None.

6. CLOSED SESSION
a. PUBLIC EMPLOYEE PERFORMANCE EVALUAION (Govt. Code section 54957) Town Manager, Sharif Etman
At 3:01 p.m., Mayor Wernikoff announced the Council would meet in Closed Session to evaluate the Town Manager, Sharif Etman.

7. ADJOURNMENT
At approximately 3:30 p.m., Mayor Wernikoff reconvened the Special Meeting and adjourned.

____________________________ ____________________________ Sarah Wernikoff, Mayor Diego Ramirez, Interim Town Clerk

Submitted for Council approval – Oct. 9, 2024

PORTOLA VALLEY TOWN COUNCIL REGULAR MEETING MINUTES - MARCH 13, 2024

1. CALL TO ORDER/ROLL CALL
Mayor Wernikoff called the regular meeting to order at 5:36 p.m. Assistant Town Manager Corie Stocker called the Roll Call.

Present: Councilmember Mary Hufty, Vice Mayor Judith Hasko and Mayor Sarah Wernikoff

Absent: Councilmembers Jeff Aalfs and Craig Taylor

Others: Town Manager Sharif Etman, Assistant Town Manager Corie Stocker

2. ORAL COMMUNICATIONS
None.

3. CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Govt. Code section 54956.9(d)(1))
Mayor Wernikoff convened a Closed Session at 5:38 p.m.

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, and PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Govt. Code section 54957)
Councilmember Taylor joined the meeting during the Closed Session. The Closed Session adjourned at 6:59 p.m.

4. CALL TO ORDER- REGULAR SESSION
Mayor Wernikoff called the regular meeting of the Town Council to order at 7:00 p.m.

Assistant Town Manager Stocker called the roll call:

Present: Councilmembers Craig Taylor, Mary Hufty, Vice Mayor Judith Hasko and Mayor Sarah Wernikoff

Absent: Councilmembers Jeff Aalfs

Others: Town Manager Sharif Etman, Assistant Town Manager Corie Stocker Town Attorney Engberg reported that the Council met in Closed Session and voted to authorize the legal defense against the above-named case. Motion carried 4-0-1, with Councilmember Aalfs absent. No other actions were taken in Closed Session.

5. PRESENTATIONS

a. Presentation by Woodside Fire Protection District on Ordinance 24-01 Kimberly Giuliacci, Fire Marshal of Woodside Fire Protection District, provided a comprehensive discussion of the District’s Ordinance No. 24-01, which provided for proactive fire prevention services to residents, such as home defensible space inspections, home hardening and other services. Marshal Giullacci responded to questions of Council and the public.

6. TOWN MANAGER REPORT
Town Manager, Sharif Etman discussed the commencement of the 2021 audit financial records, announced the Council’s Special meeting/priority setting session March 18, 2024 at 9 a.m. and updated the Council on the hiring of Town Hall staff.

7. ORAL COMMUNICATIONS
The following members of the public addressed the Town Council:
• Kent Mitchell
• Margie Power
• Tyler Haws
• Lou Solerno
• Caroline Vertongen
• Rita Comes
• Kristi Corley
• Dale Pfau

8. CONSENT AGENDA
Vice Mayor Hasko moved approval of the Consent Agenda, seconded by Councilmember Taylor. The motion carried by unanimous roll call vote. a. Approve Regular Meeting Minutes of February 28, 2024 b. Approve 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.

Town Manager Etman outlined the components of the contract and associated increase in the financial component, following two study sessions. Councilmembers Taylor moved approval of the updated Sheriff’s contract as discussed, seconded by Councilmember Hasko. The motion carried by unanimous roll call vote. Councilmember Aalfs was absent.

The following members of the public provided comment:
• Rita Comes
• Caroline Vertongen

10. COUNCIL SUBCOMMITTEE, LIAISON COMMITTEE, AND REGIONAL AGENCIES

REPORTS
Brief liaison reports were provided by Councilmembers:

Vice Mayor Hasko reported on a Mid-Peninsula Open Space District public access working group and Open Space committee; Councilmember Hufty reported on the Bicycle, Traffic and Safety committee and the Geologic committee.

The following members of the public provided comment:
• Kristi Corley

11. ADJOURNMENT
Mayor Wernikoff adjourned the meeting at approximately 8:50 p.m. ________________________________ ________________________________ Sarah Wernikoff, Mayor Diego Ramirez, Interim Town Clerk Submitted for Council approval – Oct. 9, 2024

PORTOLA VALLEY TOWN COUNCIL REGULAR MEETING MINUTES - JANUARY 24, 2024

1. CALL TO ORDER / ROLL CALL
Mayor Wernikoff called the Regular Meeting to order at 7:05 p.m. Town Clerk Torres called the Roll Call.

Present: Councilmembers Jeff Aalfs, Mary Hufty, Craig Taylor, Vice Mayor Judith Hasko and Mayor Sarah Wernikoff

Absent: None
Others: Town Manager Sharif Etman, Assistant Town Manager Corie Stocker, Town Attorney Catherine Engberg, Interim Planning & Building Director Jon Biggs, Senior Planner Adrienne Smith, Town Clerk Jennifer Torres

2. PRESENTATIONS / PROCLAMATIONS
Joshua Hugg, Mid-Peninsula Open Space District, provided a comprehensive presentation on the Open Space District and its mission.

3. TOWN MANAGER REPORT
Town Manager Etman provided several updates: responded to inquiries regarding the cost of the Housing Element, announced commission openings, discussed the schedule for the upcoming financial audits, announced the installation of internet backup for Town Hall, stated Woodside Priority students may be assisting at Town Hall as interns, discussed restructuring of Town Hall staff and noted several recruitments are underway for permanent staffing.

4. ORAL COMMUNICATIONS
The following members of the public addressed the Town Council:
• Karen Askey
• Rita Comes
• Kevin Joiner, HIP Housing

5. CONSENT AGENDA
Consent Agenda items 5.b and 5.d. were pulled for separate discussion.

Councilmember Taylor moved approval of the Consent Agenda items 5.a and 5.c., seconded by Councilmember Aalfs. Motion carried by unanimous roll call vote. a. Approve Regular Meeting Minutes of January 10, 2024
b. Approve the Warrant List of January 24, 2024
Vice Mayor Hasko requested more detail on the Warrant List regarding planning services.

A motion was made by Vice Mayor Hasko, seconded by Councilmember Taylor, to adopt the Warrant List of January 24, 2024. Motion carried by unanimous roll call vote.
c. Adopt Ordinance No. 2024 - 449, Repealing ad Replacing Chapter 6.04 [Animal Control] of Title 6 [Animals] of the Portola Valley Municipal Code to Provide for Animal Control
d. 2024 Council Liaison Appointments to Boards, Commission and Committees Councilmember Taylor suggested an amendment to the liaison alternative to the Peninsula Clean Energy (PCE) board.

Organization Liaison Alternate Meeting Schedule
Peninsula
Clean Energy
Alfs Hasko Taylor 4th Thursday-eves.

A motion was made by Councilmember Alfs, seconded by Vice Mayor Hasko to adopt the 2024 Liaison Appointments list, as amended above. Motion carried by unanimous roll call vote.

6. REGULAR AGENDA
a. Continued Item – Adoption of Housing Element Update and Conforming General Plan Amendments
Interim Building and Planning Director Biggs introduced the Housing Element team and turned the presentation over to Senior Planner Smith, who provided a continued discussion on the Housing Element, recent Planning Commission actions and discussions to date, and associated General Plan Elements, as recommended by the Planning Commission. Town Attorney Engberg contributed to the discussion.

Vice Mayor Hasko announced she would need to be recused from discussions of certain properties, due to a conflict.

Discussion ensued regarding rezoning requirements, potential housing element sites, units per acre, Senate Bill 9 accessory dwelling units and junior units and the State Housing Element deadline of January 31, 2024. Director Biggs discussed “Builder’s Remedy,” if the municipality failed to submit its housing element on time for certification.

Mayor Wernikoff invited public comment.

The following members of the public provided comment:
• George Savage
• Karen Askey

• David Cardinal
• Jon Goulden
• Ron Eastman
• Karen Vahtra
• Judith Mendelsohn
• Rita Comes
• Dale Pfau
• Kristi Corley
• Bob Adams
• Caroline Vertongen
• Nan Shostak
• Leslie Kriese
• Rebecca Flynn
• Unidentified female
• Greg Franklin
• Betsy Morganthaler
• Jim White
Housing Consultant Curtis Banks provided recommendations to Council.

Following Council discussion, there was consensus to focus on Draft 4a, allowing six (6) primary dwelling units per parcel, and to make minor modifications to the Land Use Element, to reflect an opt-in program.

Given the hour, Councilmember Taylor suggested appointing a subcommittee to work with staff and Town Attorney on the final language in the Resolution and ensure consistent langue in the Housing and Land Use elements, in order to meet the State deadline.

After extensive discussion, Mayor Wernikoff called the question.

Motion was made by Councilmember Aalfs, to adopt Resolution 2938-2024, Resolution of the Town Council of the Town of Portola Valley Adopting the 2023- 2031 Housing Element Update and Other General Plan Amendments Required to Conform with the Updated Housing Element, as amended, to include six primary dwelling units per parcel, which was to be submitted to HCD by the deadline.

A friendly amendment was proposed to allow Town Attorney Engberg to finalize minor conforming changes to the Resolution, with the Council’s intent, as discussed.

The amendment to the original motion was accepted by motion maker, Councilmember Aalfs, and was seconded by Councilmember Taylor. Motion carried 3 – 2, by roll call vote, with Councilmember Hufty and Vice Mayor Hasko voting no.

8. COUNCIL SUBCOMMITTEE, LIAISON COMMITTEE, AND REGIONAL AGENCIES

REPORTS
Councilmembers provided written reports on respective committee meetings.

Councilmember Taylor updated Councilmembers on a recent Wildfire Preparedness Committee, Woodside Fire Protection District’s proposed ordinance, and Evacuation Plan. Councilmember Hufty discussed the Geologic Committee meeting and Ethics

policy. Mayor Wernikoff updated the Council on the Mid-Peninsula Open Space District’s Hawthorne public access working group meeting and Sheriff’s contract extension.

Public Comment
• Rita Comes
• Kristi Corley

9. ADJOURNMENT
Mayor Wernikoff adjourned the meeting at 10:56 p.m.
_________________________________ ________________________________ Sarah Wernikoff, Mayor Jennifer Torres, Town Clerk
Submitted for Council approval – Oct.. 9, 2024

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Tony McFarlane, Finance Director
DATE: October 9, 2024
RE: Warrant List
RECOMMENDATION:

1. Review and accept the following Warrant Lists for the month of September:
09/30/2024 Warrant List
10/09/2024 Warrant List

REPORT SUMMARY
The following table lists warrant activity by date, tracks starting and ending warrant numbers, and total amount of warrants issued.

The following table lists the warrants issued as EFT payments. EFT payments are recurring payments for contributions related to retirement and deferred compensation, workers’ compensation premiums, and utilities, etc.

The following table lists the warrants that were voided and the reason for the voided transaction.

Date
Ending
Warrant #
Warrant 9/30/2024 4586 4586 1 91,030.67 9/30/2024 9/25/2024 4585 Warrant 10/9/2024 4587 4605 19 67,230.28 10/10/2024 9/30/2024 4586 Attached are Warrant Lists for:

Prior Warrant List
Type of Warrant Date
Starting
Warrant #
Ending
Warrant #
Total
Warrants Amount
Warrants
Released
Date Warrant # Issued to Fund Dept Purpose Amount
10/9/2024 4589 Missionsquare Retirement General Various 9/30/24 Deferred Compensation $ 3,203.55 10/9/2024 4593 PG&E General Various September utility charges 1,998.34 10/9/2024 4601 Amazon Capital Services General Various Supplies 1,326.37 Warrants issued as EFT

TOWN OF PORTOLA VALLEY

STAFF REPORT

The following table lists the warrants issued outside of the scheduled warrant list cycle for various reasons, such as processing error, reissuing a voided check, or employee separation.

DISCLOSURE
There were no warrants issued.

For additional information on any item disclosed in this report, please contact the Finance department directly at [email protected].

ATTACHMENTS

1. 09/30/2024 Warrant List

2. 10/09/2024 Warrant List
Date Warrant # Issued to Fund Dept Reason Amount
Warrants Voided
Date Warrant # Issued to Fund Dept Purpose Amount
Warrants Issued Outside of a Scheduled Warrant List
Date Warrant # Issued to Fund Dept Purpose Amount
Disclosure

TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
September 30, 2024
Claims totaling $91,030.67 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 _____________________________ ________________________________ Corie Stocker, Assistant Town Manager
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.

Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Anthony McFarlane, Finance Director Mayor

apachreg Town of Portola Valley mmagahiz 09/27/2024 16:00 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 4586 1066 SHARIF ETMAN 91,030.67 09/30/24Check totals: 91,030.67ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 91,030.67Check totals: 91,030.67ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 91,030.67

.
apapdinv2 mmagahiz Town of Portola Valley Page 1
16:01 09/27/24 Paid Invoices by Date
From: 09/30/2024 to 09/30/2024
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 1066 SHARIF ETMAN
09/30/24 4586 Settlement 91,030.67 91,030.67 093024
Check Date Totals 91,030.67
Grand Total 91,030.67

TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
October 09, 2024
Claims totaling $67,230.28 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 _____________________________ ________________________________ Corie Stocker, Assistant Town Manager
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.

Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Anthony McFarlane, Finance Director Mayor

apachreg Town of Portola Valley mmagahiz 10/01/2024 12:08 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 4587 3 A-A LOCK & ALARM INC 368.27 10/09/244588 124 COMCAST 202.13 10/09/244589 218 MISSIONSQUARE RETIREMENT 3,203.55 10/09/24 EFTPS4590 234 J. W. ENTERPRISES 546.88 10/09/244591 261 JON MYERS 500.00 10/09/244592 330 NAVIA BENEFIT SOLUTIONS 200.00 10/09/244593 367 PG&E 1,998.34 10/09/24 EFTPS4594 396 ROBERT JIN 100.00 10/09/244595 452 STUART RENTAL COMPANY 7,618.75 10/09/244596 484 TYLER TECHNOLOGIES INC 20,999.00 10/09/244597 697 CYNTHIA ROWE 500.00 10/09/244598 1001 SM RESOURCE CONSERVATION DIST 750.69 10/09/244599 1016 SHUTE, MIHALY & WEINBERGER LLP 28,115.45 10/09/244600 1076 KRISTY MODING 100.00 10/09/244601 1152 AMAZON CAPITAL SERVICES, INC 1,326.37 10/09/24 EFTPS4602 1187 CITY OF MENLO PARK 60.00 10/09/244603 1190 HEATH THOMSON 500.00 10/09/244604 1192 LIFEMOVES 130.00 10/09/244605 1193 SAYED KHALID 10.85 10/09/24Check totals: 60,702.02ACH totals:EFTPS totals: 6,528.26Wire transfer totals:Payment Manager totals:GRAND TOTALS 67,230.28Check totals: 60,702.02ACH totals:EFTPS totals: 6,528.26Wire transfer totals:Payment Manager totals:GRAND TOTALS 67,230.28

.
apapdinv2 mmagahiz Town of Portola Valley Page 1
12:08 10/01/24 Paid Invoices by Date
From: 10/09/2024 to 10/09/2024
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 3 A-A LOCK & ALARM INC
10/09/24 4587 Locksmith Service 368.27 368.27 12497
Vendor: 124 COMCAST
4588 WIFI-09.21.2024-10.20.2024 202.13 202.13 1945-SEP24 Vendor: 218 MISSIONSQUARE RETIREMENT
4589 Deferred Comp - September 30, 2024 3,203.55 3,203.55 SEP-202430 Vendor: 234 J. W. ENTERPRISES
4590 Handicap Unit Rental & Services 546.88 315.44 261497 Handicap Unit Rental & Services 231.44 261498
Vendor: 261 JON MYERS
4591 Field Rental Deposit Refund 500.00 500.00 PROF-24-24 Vendor: 330 NAVIA BENEFIT SOLUTIONS
4592 September 2024 Monthly Fee 200.00 200.00 10887655
Vendor: 367 PG&E
4593 September Statement 1,998.34 1,998.34 SEP-2024
Vendor: 396 ROBERT JIN
4594 Picnic Table Deposit Refund 100.00 100.00 PROF-24-37 Vendor: 452 STUART RENTAL COMPANY
4595 Town Picnic Equip Rentals & Setup 7,618.75 7,618.75 227272 Vendor: 484 TYLER TECHNOLOGIES INC
4596 EnerGov Software Support & Maintenance 03/1/24 - 02/28/25 20,999.00 20,999.00 025-454267 Vendor: 697 CYNTHIA ROWE
4597 Refund Court Deposit 500.00 500.00 PROF-24-42
Vendor: 1001 SM RESOURCE CONSERVATION DIST
4598 San Mateo Resource Conservation District 750.69 750.69 PV8-CB-GEN Vendor: 1016 SHUTE, MIHALY & WEINBERGER LLP
4599 August Legal Service 28,115.45 28,115.45 AUG-24-SMW Vendor: 1076 KRISTY MODING
4600 Picnic Table Deposit Refund 100.00 100.00 PROF-24-31 Vendor: 1152 AMAZON CAPITAL SERVICES, INC

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apapdinv2 mmagahiz Town of Portola Valley Page 2
12:08 10/01/24 Paid Invoices by Date
From: 10/09/2024 to 10/09/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
10/09/24 4601 Office Supplies - Sep 25 24 1,326.37 1,326.37 240925-18114167 Vendor: 1187 CITY OF MENLO PARK
4602 Council of Cities Dinner Mary Hufty 60.00 60.00 9-27-2024 Vendor: 1190 HEATH THOMSON
4603 Community Hall Deposit Refund 500.00 500.00 PRCH-24-13 Vendor: 1192 LIFEMOVES
4604 Refund Anti-Litter Deposit 130.00 130.00 SEP-24-3
Vendor: 1193 SAYED KHALID
4605 Mileage Reimbursement 10.85 10.85 FRMR-24-2
Check Date Totals 67,230.28
Grand Total 67,230.28

TOWN OF PORTOLA VALLEY

STAFF REPORT
____________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Corie Stocker, Interim Town Manager
DATE: October 9, 2024
RE: Adoption of Resolution Approving and Authorizing Disposition of Surplus Town-Owned Property

RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution (Attachment 1) approving and authorizing the disposition of surplus property as described in Exhibit A (Attachment 2).

BACKGROUND/DISCUSSION
Periodically, Town staff reviews Town-owned property to assess whether any items have reached the end of their useful life, not operable or no longer in service. The Town’s Purchasing and Inventory Control Policy states when a capitalized inventory item (value of more than $500) is no longer in use, obsolete and/or damaged beyond repair and the Town wishes to donate or dispose of the item, it must be declared surplus property by the Town Council prior to donation or disposal.

The items listed in Exhibit A have been evaluated by staff and contract personnel (Stepford Company) and has been determined to be surplus property. These items will be donated, sold, recycled or disposed of as deemed appropriate by the Town Manager.

FISCAL IMPACT
None.

ATTACHMENT

1. Resolution

2. Exhibit A – List of Surplus Inventory

Attachment 1
RESOLUTION NO. ____- 2024

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY

APPROVING AND AUTHORIZING THE DISPOSITION OF SURPLUS TOWN-OWNED

PROPERTY
WHEREAS, the Town Council of the Town of Portola Valley, owner of certain property contained in Exhibit A, has determined that such property is now deemed surplus.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Portola Valley deems that such property be disposed of by the Town Manager or designee, as appropriate, in the Town’s best interests.

PASSED AND ADOPTED this 9th day of October, 2024.
_____________________________
Sarah Wernikoff, Mayor
ATTEST:
_______________________________
Town Clerk

Attachment 2

EXHIBIT A

SURPLUS INVENTORY
ITEM INVENTORY TAG # REASON FOR SURPLUS
Desktop Computer -
Dell Optiplex
720 Obsolete
Desktop Computer -
Dell XPS
ADM05 Beyond repair
(2) Desktop Computers -
Dell Optiplex 5060
FNT01 and PBD01 Obsolete
Desktop Computer -
Dell Optiplex 710
730 Obsolete
(8) Dell 2009 monitors No tags Obsolete
(12) Toshiba telephones No tags No longer in use/obsolete

TOWN OF PORTOLA VALLEY

STAFF REPORT
____________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Corie Stocker, Interim Town Manager
DATE: October 9, 2024
RE: Approve the Town’s Response to the San Mateo County Grand Jury Report: “Restaurant Exteriors: The Neglected Space”

RECOMMENDATION
It is recommended that the Town Council review the draft response to the Grand Jury Report titled “Restaurant Exteriors: The Neglected Space” and provide direction as needed to finalize the response. Staff will then complete the response and submit it to the Grand Jury.

BACKGROUND/DISCUSSION
On July 9, 2024, the San Mateo County Grand Jury released a report titled “Restaurant Exteriors: The Neglected Space.” The report identifies the following issue: “The exterior trash areas of food service businesses are often unsightly and unsanitary. How can this issue be addressed?”
The Grand Jury’s report includes seven findings (Findings F1 through F7) and four recommendations (Recommendations R1 through R4). The Town, and all other jurisdictions within San Mateo County, are required under the Penal Code to formally respond to the findings and recommendations designated by the Grand Jury.

The report requires that the Town’s respond to Findings 1, 2, 3, 4, 5, and 6 and Recommendation 4, expressing either its agreement or disagreement (wholly or partially) with the finding and to provide an explanation in instances where the Town indicates that it does not agree. The Town’s response to each of the recommendations must indicate whether the recommended action has been implemented, is planned for implementation, requires further analysis, or will not be implemented. Except in instances where the Town indicates that the recommendation has already been implemented, the Town is required to provide an explanation for its response.

Staff has prepared proposed responses for the Council’s review and approval.

With the Town Council’s direction, staff will complete and submit the Town’s response to the Grand Jury report.

FISCAL IMPACT
None.

ATTACHMENTS

1. Proposed response to Grand Jury Report

2. Grand Jury Report titled “Restaurant Exteriors: The Neglected Space”

DRAFT RESPONSE TO JUDGE LEE
October 9, 2024
The Honorable Amarra A. Lee
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Dear Judge Lee and Members of the Grand Jury,
Thank you for the opportunity to respond to the report titled, “Restaurant Exteriors: The Neglected Space.” The Town Council for the Town of Portola Valley has had the opportunity to review the report and, after reviewing the report and allowing for public comment at its regular meeting of October 9, 2024, the Town Council offers the following responses:

Response to Findings
Finding F1. Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.

Response: The Town of Portola Valley agrees with this finding.

Finding F2. Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

Response: The Town of Portola Valley would like to note that there are currently no parklets with open floor segments nor bordering street drainage within the Town of Portola Valley.

Finding F3. Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.

Response: The Town of Portola Valley agrees with this finding.

Finding F4. Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

Response: The Town of Portola Valley agrees with this finding.

Finding F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

Response: The Town of Portola Valley does not have information available to agree or disagree with this finding.

Finding F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

Response: The Town of Portola Valley does not have information available to agree or disagree with this finding
Response to Recommendations
Recommendation R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require
owners/operators to add receptacles or increase the
frequency of pick-ups.

Response: Recommendation 4 has already been implemented with the provision in the Portola Valley Municipal Code, Section 8.08.120(B) Requirements for commercial businesses, which states:

8.08.120 - Garbage regulations
“B. Frequency of Refuse Collection; Hours.

1. The exclusive franchised hauler or its duly authorized agents or subcontractors shall collect refuse from all residential premises and commercial premises within the town at least once a week, unless the director authorizes a different frequency of collection.”
Please feel free to contact Interim Town Manager Corie Stocker-Pedalino at (650) 851- 1700 or [email protected] if you have any questions.

Sincerely,
Sarah Wernikoff
Mayor

Issue | Summary | Background | Discussion | Methodology | Findings | Recommendations | Requests for Response | Bibliography | Appendixes RESTAURANT EXTERIORS: THE NEGLECTED SPACE
ISSUE
The exterior trash areas of food service businesses are often unsightly and unsanitary. How can this issue be addressed?

SUMMARY
Restaurant garbage and food waste is not always contained in designated exterior bins, and may overflow, attracting animals and other undesirable pests. While restaurant interiors are subject to County of San Mateo Health System standards and inspections, restaurant building exteriors are subject to a variety of standards and inspection programs, because each local jurisdiction has its own regulations for sanitation and safety for exteriors. For restaurant exteriors, responsibility for enforcement of local code and for inspection schedules varies from city to city. Generally, inspections are done when complaints are received. The extent of the issues may vary based on the municipality or district, day of the week (garbage collection day), or whether the building backs are visible to the public.

Grand Jury members conducted interviews with County officials, city officials, and waste handlers and performed their own spot checks (admittedly not scientific). A written survey (Appendix B) was sent to all twenty cities and towns in the County.

The Grand Jury found a significant number of restaurant exterior waste storage areas and areas below parklets had clearly deficient, unsanitary, unsightly and odorous conditions. The investigation found that the “standards” for these areas, i.e., how these conditions were monitored, and how codes and policies were enforced, to be inconsistent at best and non-existent in some instances. A quantification of the waste storage area problem proved difficult as many sites and their condition were dependent on the day of the week and their garbage pick-up days.

This Grand Jury report includes recommendations for a more proactive approach to handling the garbage and parklet sanitation problems around restaurant exteriors in San Mateo County, and suggestions for preventive maintenance.
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BACKGROUND
People spent 20.7% more money at restaurants than on groceries in 2022. That figure rose to

29.5% in the first two months of 2023 according to Commerce Department data.1 This significant increase in use of restaurants and “micro” and “mobile” food services, not surprisingly, resulted in an increase in organic (food stuff) waste, paper, glass and general garbage.

Members of the Civil Grand Jury initiated this review of the health and safety conditions surrounding the immediate areas designated for waste removal after observing an increase in rodents around parklets. Initial walkthroughs behind restaurants determined that the problem related to waste management in general as well as to the parklets. Photos contained in Appendix A depict some of the disturbing findings.

The Grand Jury found a significant number of restaurant exterior waste storage areas and areas below parklets had clearly deficient, unsanitary, unsightly and odorous conditions. The investigation found that the “standards” for these areas, i.e., how these conditions were monitored, and how codes and policies were enforced, to be inconsistent at best and non-existent in some instances. A quantification of the waste storage area problem proved difficult as many sites and their condition were dependent on the day of the week and their garbage pick-up days.

This Grand Jury report includes recommendations for a more proactive approach to handling the garbage and parklet sanitation problems around restaurant exteriors in San Mateo County, and suggestions for preventive maintenance.

REGULATORY FRAMEWORK
California Health & Safety Code, Chapter 7 known as the “Retail Food Code” regulates, at the State level, the protections required for public health and safety of a “Food Facility”.2 The Code

1 https://www.census.gov/retail/marts/www/marts_current.pdf 2 H&S Code 113789 (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. (b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following: (1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c). (4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370.

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has extensive requirements for the handling of food, preparation and service of patrons. They can best be described as affecting the “inside” of the Food Facility.

The exterior or waste disposal areas are only mentioned in Article 4, Section 114245.4. “If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable and sloped to drain.”3 Refer to Appendix C for the California Health & Safety Code Article 4.

The enforcement of these State Regulations is assigned to “Enforcement Officers”4of an “Enforcement Agency”5 which is delegated to more local organizations at the county or other local level. Section 1143906gives the power to inspect facilities, take samples and prepare a written report of deficiencies.

HEALTH DEPARTMENT INSPECTIONS
The San Mateo County Health Department is primarily responsible for the inspection of restaurants and enforcement of the Health Codes related to them. The Inspection checklist (Appendix D) has 60 categories for inspection and only one (FO42) relates to waste disposal or garbage. In interviews, the Grand Jury found the Health Inspector does not generally inspect the areas behind the facility and does not inspect areas not immediately adjacent to the facility at all.

The County relies on the individual cities for enforcement of their nuisance laws in these areas.

As part of its Municipal Code, each City or jurisdiction maintains provisions for enforcement actions against properties (and operators) that maintain unhealthy, noxious, or dangerous conditions under their police powers to abate public nuisances. (See Bibliography)

LAND USE / USE PERMITS

It is beyond the scope of this investigation to analyze the municipal codes of each of the twenty jurisdictions in San Mateo County which have restaurant uses. Most cities require “use permits”

(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. (11) Fishermen’s markets.
3 Sections 114244 to 114245.3 inclusive speak only to the Food Facility which is defined as the interior of the facility.
4 113774. “Enforcement officer” means the director, agents, or environmental health specialists appointed by the Director of Health Services, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.
5 113773. “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.
6 114390 :
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104.&title=& part=7.&chapter=13.&article=2

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(conditional or otherwise) for restaurants in certain locations. As part of the building permit process, cities have the ability to require and specify the type, location, and frequency of waste disposal. More importantly, all have a general requirement that these areas be maintained at the owner/operator expense in a good and sanitary manner.

WASTE HAULERS / SANITATION COMPANIES
By far the biggest recipient of waste and disposal in the County is Recology San Mateo County serving the cities of Belmont, Burlingame, East Palo Alto, Foster City, Menlo Park, Redwood City, San Carlos, and San Mateo, the town of Hillsborough, County of San Mateo, North Fair Oaks, and West Bay Sanitary District. Recology of the Coast provides service to Pacifica.

GreenWaste provides service to the town of Atherton.

South San Francisco Scavenger Company (SSFSC) serves businesses and residents in South San Francisco, Millbrae, Brisbane and San Francisco International Airport. Half Moon Bay, Daly City and the unincorporated North County has an agreement with Republic Services, Inc. to provide recycling, compost and garbage collection services.

Each hauler negotiates independently on rates and pick-up policy. The Grand Jury reviewed the Franchise Agreement used by Recology. The agreement provides that the hauler shall replace or repair bins, dumpsters and other containers as needed or upon request.

DISCUSSION
SURVEY
The Grand Jury sent a survey to twenty jurisdictions (see Appendix B). Five jurisdictions relied solely on the County Health Department for enforcement of regulations related to restaurant waste facilities; two inspected and enforced only at the permit renewal stage; and nine assigned the duty to their code enforcement mechanism generally through Planning, Public Works or dedicated Code Enforcement personnel. Only three of the jurisdictions conducted inspections independent of a complaint. The majority, nine of fourteen, only inspected upon receipt of a complaint. (See Appendix B for the tabulated Survey results).

In summary, survey responses demonstrate that the Cities rely on the County Health Department for inspections of restaurant interiors and, in general, only respond to exterior conditions upon receipt of a complaint.

OBSERVATIONS
The condition at any one site is dependent on the frequency of trash removal. The site may be fine right after removal but, as the week goes on, the situation worsens. There does not appear to be any site-specific requirements (or at least any that are enforced) for residual cleaning such as power washing. Few sites inspected had any method of controlling wash down or steam cleaning waste from flowing into the storm sewers. The type of restaurant also impacts its output, e.g., some generate grease, oil and animal fat, which require special containers.

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The current requirements for trash enclosures by local jurisdictions are applied only to new applications, resulting in many outdated, legacies facilities and, without regular inspection, there is no monitoring of maintenance or repair. These areas are high impact areas and the enclosures and bins, dumpsters and cans are subject to heavy use. The Grand Jury found many bins, dumpsters and cans to be in damaged and filthy condition.

Economic forces impact maintenance and overflow conditions. An operator of a restaurant pays for disposal service by volume (size and number of containers) and frequency (number of pickups in one week). Increases in business generate higher volumes so what was working in the past may not be sufficient for the current or future situation. It is logical that operators of food facilities would see added frequency of pickups or added containers as a negative and an expense. This is a financial impact question.

IMPACTS ON THE COMMUNITY
Normal sanitation issues apply; smell, unsightliness and vermin7. Vector Control does not inspect trash or similar areas unless specifically requested. The Grand Jury interviews revealed instances of the presence of rats, mice and raccoons in trash areas and parklets. Insect infestation is also of concern. All this presents a health hazard to the public, the workers at these restaurants, and the trash collectors.

ENFORCEMENT OF EXISTING REQUIREMENTS
The County Health Department inspections do not include the areas outside of the building. The enforcement of the nuisance provisions by local jurisdictions is reactive and only called into play upon a complaint. Oversight of the condition of receptacles (dumpsters, bins, cans) is minimal, at best, and often non-existent.

SPECIAL CASES
Mobile Food Facilities (Food Trucks): The Permit Checklist for food trucks does not mention waste disposal. Food Truck regulation is an evolving body of regulation and should be reviewed at a later date.
https://www.smchealth.org/sites/main/files/file-attachments/20170915_mff_selfinspectionche cklist.pdf?1536778880
Farmer’s Markets: Several markets were visited by Jurors. Only the Farmer’s Market in San Carlos was the subject of an interview. This particular market occurs on a Sunday. It is organized by a private company (a community-based organization, CBO) which recruits and manages the individual Farmers and Vendors. The company polices the area at the breakdown of the Market

7 H&S Code 113939. “Vermin” means cockroaches, mice, rats, and similar pests that carry disease.

H&S Code 13939.1. “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw marks, that could result in contamination to the food, equipment, packaging, or utensils.

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on Sunday afternoon. The city of San Carlos has a street sweeper go over the area on Monday morning. These actions appear to be sufficient as the area was observed to be clean and free from refuse.

Parklets: Like Food Trucks, parklet regulation is evolving and should be reviewed in more detail at a later date. There are currently no separate inspection line items for parklets in the County Health Department checklist. Parklets increased significantly as a result of the Covid-19 pandemic, which have proven efficient and desirable in many areas. At the outset, their construction was not heavily regulated and there were no specific building code requirements for inspection and cleaning under floors. As these facilities have become permanent, building permit requirements have increased. Problem areas identified in our investigation are:

1. Open floor segments can permit food and other waste falling under the floor of the parklet to the street;

2. Many have open side(s) permitting vermin to go under the parklet to feed on scraps;

3. Street drainage (from road crown and gutter flow) can exacerbate the problems of waste under the floor, including leaves and other refuse.

METHODOLOGY
The Jurors made several site visits over a period of eight months and took photographs. The Grand Jury conducted interviews with some officials of some cities and with several San Mateo County officials including the Health Department and Vector Control. A survey was sent to each city/town in San Mateo County.

FINDINGS
F1: Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.

F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.

F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

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F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.

RECOMMENDATIONS
R1. By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters and enclosures, and note any needed repair, replacement or cleaning.

R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and underfloor areas.

R3. By June 30, 2025, the County should require operators/owners of restaurants to have a written diagram of their approved waste storage/retention area posted so the inspector can evaluate the condition of the facilities.

R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.

Note: The Grand Jury is not able to recommend changes to building codes or planning criteria to cities or the County. However, in our review we did find the City of Palo Alto has a publication with clear and comprehensive regulations/recommendations for these areas. “Comprehensive Guidelines for Commercial Trash Enclosures:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/paloalto-trash-enclosure-area-guidelines-march-2017.pdf”

REQUEST FOR RESPONSE
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:

From the San Mateo County Board of Supervisors, to all Findings and Recommendations.

From the councils for all 20 cities and towns in the County, to Findings 1, 2, 3, 4, 5, and 6 and Recommendation 4.

The governing bodies indicated above should be aware that the comment or response of each governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.

RESPONSE REQUIREMENTS
California Penal Code Section 933.05 provides (emphasis added):
(a) For purposes of each subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:

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(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the port of the finding that is disputed and shall include an explanation of the reasons, therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.

BIBLIOGRAPHY
California Health and Safety Code:
https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=+Heal th+and+Safety+Code+-+HSC
The following is a representative selection of Municipal Codes relevant to the investigation:
● Daly City:
https://library.municode.com/ca/daly_city/codes/code_of_ordinances?nodeId=TIT8HES A
● Belmont:
https://library.municode.com/ca/belmont/codes/code_of_ordinances?nodeId=CICO_CH1 1HESA
● Hillsborough:
https://library.municode.com/ca/hillsborough/codes/code_of_ordinances?nodeId=TIT8H ESA
● San Mateo (City): https://law.cityofsanmateo.org/us/ca/cities/san-mateo/code/7 ● East Palo Alto Code Enforcement: https://www.cityofepa.org/building/page/codeenforcement ● San Carlos:
https://www.codepublishing.com/CA/SanCarlos/#!/SanCarlos08/SanCarlos0827.html#8. 27 ● South San Francisco:
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8- chapter_8_16 and
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8

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● Burlingame: https://library.qcode.us/lib/burlingame_ca/pub/municipal_code/item/title_8 ● Pacifica Food Establishments:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE
● Pacifica Garbage:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE_ART1GACO
● Redwood City: RWC has multiple segments of their code that would apply to this topic.

The link to the Code in General is:
https://library.municode.com/ca/redwood_city/codes/city_code?nodeId=REDWOOD_C

ALIFORNIAMUCO

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APPENDIX A
Photographs of exteriors
Figure 1: San Mateo, September 2023
Figure 2: Millbrae, September 2023

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Figure 3: Millbrae, September 2023
Figure 4: Millbrae, September 2023

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Figure 5: Millbrae, September 2023
Figure 6: Millbrae, September 2023

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Figure 7: San Carlos, December 2023
Figure 8: San Carlos, November 2023

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Figure 9: San Carlos, December 2023
Figure 11: San Carlos, October 2023

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APPENDIX B
Survey

1. Please list your name, title or job description and the city/town you represent.

Surveys were sent to managers of the twenty cities and towns in San Mateo County.

Responses were as follows:

City/Town Response Received
Atherton No
Belmont Yes
Brisbane No
Burlingame Yes
Colma No
Daly City Yes
East Palo Alto Yes
Foster City Yes
Half Moon Bay No
Hillsborough Yes
Menlo Park Yes
Millbrae No
Pacifica Yes
Portola Valley No
Redwood City Yes
San Bruno Yes
San Carlos Yes
San Mateo No
South San Francisco Yes
Woodside Yes

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2. What sanitation standards are applied to the garbage/trash areas of restaurants, bars and food services?
Respondents cited the County ordinance code and various municipal codes and standards. One entity had no response and another responded their city/town has no restaurants.

3. What standards are applied to sanitation, trash and street cleaning related to the "parklets" or other outdoor areas used for food service? Most respondents cited state, county or municipal standards. One city noted they have specific regulations for parklets. Another city said they have no standards because parklets are the responsibility of restaurants.

4. What department(s) of the City enforce these standards? Enforcement of standards may be done by:
● County Health
● Building/Fire/Public Works
● Planning & Building, Dept of Water & Wastewater Resources ● Planning
● Public Works
● Police, Code Enforcement
● Engineering Division
● Community & Economic Development. Department

5. Are regular inspections made or is inquiry only made upon complaint? Most responded inspections are complaint-based. A few municipalities conduct regular, periodic inspections.

6. Upon inquiry by the City (either by inspection or complaint) what standards are applied to determination of a violation, or recommendation to an owner? Standards listed included:
● County Health
● Parklet Standards
● Municipal Codes
● California Building Code, California Fire Code, Americans with Disabilities Act (ADA)

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7. What agencies or organizations outside of the City are involved in maintaining standards, such as Recology, Republic Services or South San Francisco Scavenger? ● Recology
● Recology of the Coast
● Greenwaste Recovery
● Republic
● County Health
● No response, but noted there is a city contract with a power washing service and that information is made available to parklet owners

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APPENDIX C
California Health & Safety Code Article 4
Health and Safety Code - HSC, DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] , PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] , CHAPTER 7.

Water, Plumbing, and Waste [114189 - 114245.7]
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104. &title=&part=7.&chapter=7.&article=4
ARTICLE 4. REFUSE
114244.
(a) Each food facility shall be provided with any facilities and equipment necessary to store or dispose of all waste material.
(b) Waste receptacles shall be provided for use by consumers. (c) A receptacle shall be provided in each area of the food facility or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.
114245
(a) An area designated for refuse, recyclables, returnables, and a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.
(b) Receptacles and waste handling units for refuse, recyclables, and returnables shall not be located so as to create a public health hazard or nuisance or interfere with the cleaning of adjacent space.
114245.1
(a) All refuse, recyclables, and returnables shall be kept in nonabsorbent, durable, cleanable, leakproof, and rodent proof containers and shall be contained so as to minimize odor and insect development by covering with close-fitting lids or placement in a disposable bag that is impervious to moisture and then sealed. (b) Refuse containers inside a food facility need not be covered during periods of operation.
(c) All refuse shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent the creation of a nuisance. (d) Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.
(e) Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.
114245.2. Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be

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stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.
114245.3. If located within the food facility, a storage area for refuse, recyclables, and returnables shall meet the requirements for floors, walls, ceilings, and vermin exclusion as specified in this part.
114245.4. If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable, and sloped to drain. 114245.5. Receptacles and waste handling units for refuse and recyclables shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.
114245.6.
(a) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and wastewater shall be disposed of as specified under Section 114241.
(b) Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents. 114245.7.
(a) Except as specified in subdivision (b), suitable cleaning implements and supplies such as high-pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.
(b) If approved, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.

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APPENDIX D
San Mateo County Inspection Checklist
https://www.smchealth.org/sites/main/files/file-attachments/297097foodestab.pdf Environmental Health
Services Food Program
2000 Alameda
de las Pulgas
Suite #100
San Mateo,
CA 94403
(650) 372-6200 FAX
(650) 627-8244
smchealth.org/food

FOOD FACILITY CHECKLIST
The goal of food safety is to promote health and prevent food-borne disease through education, training and regulation. This checklist reflects areas that are evaluated during a routine inspection. Use this as a guide to improve your facility’s sanitation and compliance with the requirements from the California Retail Food Code.

FOOD RECEIVING YES NO N/A
Raw or frozen raw molluscan shellfish (e.g. clams, mussels, scallops, oysters) properly labeled and labels maintained on site for at least 90 days.

Temperature of live molluscan shellfish at or below 45ºF.

Food only from approved sources.

Potentially hazardous foods delivered at a temperature of 41°F Frozen foods delivered in frozen condition with no evidence of thawing or refreezing.

Food at improper temperature or in unacceptable condition rejected.

Foods, especially refrigerated and frozen foods, placed in proper storage locations promptly.

FOOD STORAGE YES NO N/A
Foods protected from contamination, dirt, vermin, insects, chemicals, etc.

Prepackaged and bulk foods properly labeled.

Food stored at least 6 inches above floor in approved locations within the facility.

Returned and damaged goods stored separate from other items.

Raw meat and fish inside refrigerators and freezers stored below and away from ready-to-eat foods (e.g. salads, produce, beverages).

Foods kept covered while in storage.

Food which becomes contaminated or adulterated is discarded.

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FOOD PREPARATION YES NO N/A
Frozen foods thawed by one of the following methods:
● Under cold running water
● In a refrigerator
● In a microwave
● As part of the cooking process
Hot potentially hazardous foods cooled as quickly as possible by one or more of the following methods prior to placement in a refrigerator or freezer:
● In an ice bath with stirring
● With a rapid cool stirring device
● In a blast chiller
● By adding ice
● In shallow heat conducting pans on ice
● Separating food into smaller or thinner portions

YES NO N/A
Food preparation sinks used only for preparation activities, and not hand washing, janitorial activities, or other uses.

Sulfites not added to potentially hazardous foods.

Potentially hazardous foods shall be thoroughly cooked to a minimum internal temperature of:
● 165°F for poultry, comminuted poultry, game birds, stuffed meats, stuffed pasta, and reheated foods.
● 157°F for ground beef, other comminuted meats, and foods containing comminuted meat. (Or 155°F for a minimum of 15 seconds)
● 155°F for pork.
● 145°F for eggs, food containing raw eggs, and other cooked potentially hazardous food.

FOOD SERVING YES NO N/A
Prepackaged foods properly labeled with common name, list of ingredients, net weight, name and address of manufacturer, etc.

Uneaten food returned from customer is discarded and not reused or reserved.

Self-serve buffets, salad bars, snack counters, bulk food dispensers, and selfserve units. Provide adequate protection for food and utensils from contamination by customers (e.g. sneezing, coughing, and handling).

Tongs, ladles, spoons, etc. used for food service rather than direct contact with hands.

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TEMPERATURE CONTROL/THERMOMETERS YES NO N/A
Potentially hazardous foods kept at or below 41°F, or at or above 135°F.

When cooling or heating potentially hazardous foods, the time spent in the DANGER ZONE (41 °F - 135°F) is kept to a minimum.

Easily readable thermometers (accurate to + 2°F) in the warmest part of each refrigeration and freezer unit.

Metal probe-type thermometer on premise if potentially hazardous food served.

Thermometers are sanitized before and after use, and periodically calibrated. (Employees should be able to demonstrate that they know how to calibrate a probe thermometer)

UTENSIL WASHING/STORAGE YES NO N/A
Utensils protected from contamination, dirt, vermin, insects, chemicals, etc.

Multi-service customer utensils (e.g. plates, glasses, silverware) sanitized by mechanical dish machine as per manufacturer specifications, or if manually washed, sanitized by one of the following methods:
● 100 ppm chlorine for 30 seconds
● 25 ppm iodine for 60 seconds
● 200 ppm quaternary ammonium for 60 seconds
● 180°F water for 30 seconds
Test strips or thermometer available for measuring the method of sanitizing utensils.

YES NO N/A
Three- compartment sink with dual integral drain boards available for utensil washing (except where 2 compartment exemptions is applicable).

Compartments are large enough to accommodate the largest utensil in use.

Utensils are clean and in good repair.

Kitchen and serving utensils are routinely cleaned and sanitized.

Utensils are commercial-grade and meet applicable National Sanitation Foundation (NSF) at CAL CODE standards.

All mechanical dishwashers are provided with dual integral drain boards.

Proper sanitizer and chemical levels, and temperature maintained at all times during operation of dish machines.

Single-service customer utensils used only once and disposed of in a sanitary manner.

Serving utensils (e.g. scoops, spoons, ladles, etc.) for potentially hazardous foods, while in use are kept at or below 41°F or above 135°F, or in a dipper well continually provided with clean water.

TOILET FACILITIES YES NO N/A
Employee toilet facilities provided.

Customer toilet facilities provided where required.

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Tight-fitting self-closing doors provided.

Food, utensils, equipment, supplies, etc., not stored in toilet facilities.

Toilet paper, single-use sanitary towels (or air dryer) and hand cleanser provided from approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Ventilation provided.

HANDWASHING FACILITIES YES NO N/A
Within or adjacent to restrooms and kitchens.

Provided with single service sanitary towels (or air dryers) and hand cleanser from and approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Kept readily accessible at all times
Facilities provided exclusively for hand washing in food prep areas that are sufficient
in number and conveniently located. (construction/remodels on or after January 1, 1996)

CHEMICALS/PESTICIDES YES NO N/A
Properly labeled.

Stored away from food and utensils. Stored in separate enclosure if stored in food preparation area.

Pesticides specifically approved for use within food facilities.

Chemicals, pesticides, hazardous materials properly used. MSDS data available for employees.

JANITORIAL FACILITIES YES NO N/A
Area provided for storage of cleaning supplies and equipment which is separate from food preparation, food storage, utensil cleaning, and utensil storage areas.

Janitorial sink or basin provided with hot and cold water.

Backflow prevention device provided for sink.

Cleaning equipment (e.g. mops, buckets, brooms, etc.) kept away from food and utensils.

LIGHTING YES NO N/A
Minimum intensity of 20 foot-candles (ftc) in food preparation and utensil cleaning areas.

Minimum intensity of 10ftc elsewhere but intensity of at least 20 ftc available during cleaning operations.

Shatter-proof light covers in food preparation, food storage (except where food is in unopened, original containers), and utensil cleaning areas.

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VERMIN/INSECTS YES NO N/A
Facility free of rodents and insects.

Harborage and entrances eliminated. Droppings and dead insects cleaned up.

Facility kept fully enclosed. Entrances protected by tight-fitting, self-closing doors or air curtains. Openable windows protected by screens.

Pest control performed by licensed pest control operator.

GARBAGE/REFUSE DISPOSAL YES NO N/A
Facilities provided for garbage disposal and storage.

Containers are leak proof and rodent proof with tight-fitting lids.

Garbage placed in securely fastened plastic bags before placement in dumpster.

Garbage removed frequently.

WATER SUPPLY YES NO N/A
Water supply from an approved source.

Hot and cold water provided in adequate amounts.

EMPLOYEE HABITS YES NO N/A
Employees wash hands before beginning work, between working with raw food and ready-to- eat foods, after coughing or sneezing, after touching soiled equipment or utensils, after using restrooms, and after engaging in any other activity that contaminates the hands.

Employees wear clean garments or uniforms.

Employees do not use tobacco products where food is prepared, served, or stored, or where utensils are cleaned or stored.

Employees do not work if ill.

Employees have been instructed in safe food handling practices.

Employees routinely check temperatures of potentially hazardous foods during storage, preparation and serving, and check utensil cleaning chemical levels, water temperatures, and water pressures.

EMPLOYEE CHANGE/STORAGE FACILITIES YES NO N/A
Area provided for employee changing which is separate from toilets, food storage, food preparation, utensil cleaning, and utensil storage areas.

PLUMBING YES NO N/A
All sewage and wastewater disposed of to an approved sewer or septic system.

Indirect waste drainage via a floor sink or funnel drain provided for all equipment that discharges wastes (e.g. prep sinks, utensil sinks, steam tables, salad bars, Chinese ranges, ice machines, ice storage bins, beverage machines, steamjacketed kettles, display cases, refrigeration/freezer units, etc.) Indirect waste receptacles readily accessible for cleaning and inspection, and not located inside cabinets.

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Floor drains absent from food storage areas.

Plumbing kept clean, fully operative, and in good repair.

Grease interceptors and septic tanks regularly cleaned out by licensed plumbers.

EQUIPMENT YES NO N/A
Equipment clean and in good repair.

Equipment easily cleanable and meets applicable NSF and the California Retail Food Code standards.

Unused equipment removed from premises.

Approved ventilation/exhaust equipment provided over cooking equipment and high temperature dish machines.

WALLS, FLOORS, CEILINGS YES NO N/A
Floors are smooth, durable, non-absorbent, and easily cleanable in areas where:
● food prepared, packaged, or stored;
● where utensils are cleaned or stored;
● where garbage is stored;
● where janitorial facilities are located;
● in toilet and hand washing facilities;
● in employee change and storage areas.

Floor material extends up the walls and toe kicks at least 4 inches with a minimum of 3/8 inch radius at the wall/floor and wall/toe-kick junctures in all areas mentioned above except where exempted (e.g. where foods are stored in their unopened original containers.

Walls and ceilings smooth must be durable, non-absorbent, and easily cleanable in all areas except where exempted (e.g. dining areas, closed food storage areas, and certain portions of bar areas).

Walls and ceiling finishes light colored in food preparation, utensil cleaning areas, and inside walk-in refrigeration units.

SIGNS YES NO N/A
Official Food Placard must be posted and clearly visible at the entrance of facility.

Valid health permit posted in a conspicuous location.

No Smoking signs posted in food preparation, food storage, utensil cleaning, and utensil storage areas.

YES NO N/A
Hand washing signs posted in toilet rooms.

If facility has sit-down dining, Choking First Aid poster placed where it is readily accessible to employees.

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ADDITIONAL INFORMATION YES NO N/A
Any construction, remodeling, alterations, and the installation of new equipment must be approved by the Health Department before commencing work.

Applicable building and fire codes are met.

Manager certification/ Food handler certifications are available on site.

Tobacco permit available if applicable
COMMENTS/OBSERVATIONS:

Release Date: July 9, 2024
2023-2024 San Mateo County Civil Grand Jury

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Tony McFarlane, Finance Director
DATE: October 9, 2024
RE: Consideration of Awarding Contract for User Fee/Nexus Study RECOMMENDATION:

Authorize the Interim Town Manager to enter into an agreement with Matrix Consulting Group for a User Fee/Nexus Study in an amount not to exceed $66,000.

REPORT SUMMARY
On July 31, 2024, the Town of Portola Valley issued a Request for Proposal for a Comprehensive Fee Study, Nexus Study for Development Impact and Cost Recover Fees for Public Facilities and Services and Cost Allocation Plan (RFP). The RFP was posted on the Town’s and the California Society of Municipal Finance Officer’s (CSMFO) websites. The RFP was issued for thirty (30) days.

There were three scopes of service included in the RFP. Depending on the number of bids submitted, the Town could either issue an agreement for all three scopes of service or issue an agreement for each scope separately. When the RFP was issued, there were 10 overlapping RFPs currently published on the CSMFO website. The Town received two notices from interested parties and only one proposal was submitted by Matrix Consulting Group.

Matrix Consulting Group, headquartered in San Mateo, was founded in 2003 and has worked with over 1,700 government agencies to provide fee studies, cost allocation plans and management studies. They are proposing a nine-month timeline to ensure that a comprehensive analysis can be conducted. Most of the work will be completed out of their San Mateo offices.

User fees are charges for services provided by the Town to members of the public or groups. There are several government codes and state propositions that set the parameters under which user fees are established and administered. In short, “user fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged.” Setting fees based on a comprehensive fee study report is

TOWN OF PORTOLA VALLEY

STAFF REPORT

considered a best practice should a fee ever be challenged. The last fee study done by the Town was about ten years ago.

Matrix Consulting Group proposed a cost of $77,000 for all three scopes of service.

Staff is recommending that an agreement be authorized for two scopes of service: the user fee and nexus study. The total amount of services authorized will not exceed $66,000.

ATTACHMENTS

1. Request for Proposals (RFP)

2. Agreement

TOWN OF PORTOLA VALLEY
Request for Proposal (RFP)
For
A Comprehensive Fee Study, Nexus Study for Development
Impact and Cost Recovery Fees for Public Facilities and Services and a Cost Allocation Plan
Issue Date: July 31, 2024
Proposal Due Date: August 30, 2024
Submit Responses to:

Town of Portola Valley
Attn: Tony McFarlane
765 Portola Rd
Portola Valley, CA 94028
Email: [email protected]

Table of Contents
Town of Portola Valley
1 RFP Overview

1.1 Introduction and Background

1.2 Purpose of RFP

1.3 Schedule of Events

1.4 RFP Coordinator

1.5 RFP Amendment and Cancellation

1.6 Letter of Intent to Respond

1.7 Questions Pertaining to the RFP

1.8 Public Records Law

1.9 Rights to Submitted Materials

1.10 Town Agreements and Insurance Requirements
2 Scope of Work and Services

2.1 Overview of the Project

2.2 Desired Outcome

2.3 Performance Requirements

2.3.1 User Fee Study

2.3.2 Nexus Study

2.3.3 Cost Allocation Plan
3 Proposal Submission Requirements

3.1 General Instructions

3.2 Proposal Format

3.2.1 Transmittal Letter

3.2.2 Table of Contents

3.2.3 Executive Summary

3.2.4 Company Information

3.2.5 Company Background

3.2.6 Statement of Qualifications

3.2.7 Key Staffing, Development, and Implementation Approach

3.2.8 Training

3.2.9 Ongoing Support

3.2.10 References

3.2.11 Pricing

3.2.12 Proposed Legal Agreement

3.2.13 Additional Information
4 Proposal Evaluation
5 General Terms and Conditions

5.1 General Conditions

5.2 Reference Checks

5.3 Changes to RFP

5.4 Submittal Address

1. RFP Overview
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1.1 Introduction and Background
The Town of Portola Valley was incorporated in 1964. It is located just west of Stanford University in a green and gold valley astride the world-famous San Andreas Fault in San Mateo County. It is known for an extensive trail system, scenic roads, open space, natural views, and an excellent school system.

The Town provides general services including building and planning, public works, and recreation.

Public safety services are provided by the San Mateo County Sheriff’s Department via contract and the Woodside Fire Protection District. The Town operates under a Council-Manager form of government and has approximately 4,500 residents. Additional information about the Town is available online at www.townofportolavalley.net.

1.2 Purpose of RFP
The purpose for the Town’s request for proposal is to identify and select a vendor with a proven record of accomplishment in developing Comprehensive Fee Schedules, Development Impact Fees, and Cost Allocations Plans. The last comprehensive fee study was completed in 2012. The Town updates its fees annually based on the change in CPI from one year to the next. The analysis of Development Impact Fees and completion of the Nexus Study must be in accordance with the California Mitigation Fee Act – AB 1600 and applicable constitutional requirements.

The Town Council has made the Comprehensive Fee Study and Nexus Study portion of this proposal a priority.

1.3 Schedule of Events
The schedule of events for this RFP identifies the Town’s best estimate of the schedule that will be followed. Failure to meet the proposed deadlines could result in disqualification from selection.

RFP Event Date/Time
RFP Issued July 31, 2024
Deadline for Written Questions August 14, 2024, at 4:05 pm Deadline for Letter of Intent to Respond August 14, 2024, at 4:05 pm Town Issues a Response to Written Questions August 21, 2024 Deadline for Submitting Proposals August 30, 2024, at 1:00 pm Evaluation of Proposals Sep 3 – 6, 2024
Determination of Finalist Sep 11, 2024
Contract Awarded Sep 18, 2024
The Town reserves the right to modify this schedule when deemed necessary.

1. RFP Overview
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1.4 RFP Coordinator
All communication concerning this RFP must be submitted in an e-mail to the RFP Coordinator, Tony McFarlane, Finance Director. The RFP Coordinator will be the sole point of contact for this RFP. The coordinator can be reached via email at [email protected].

1.5 RFP Amendment and Cancellation
The Town reserves the unilateral right to amend this RFP in writing at any time. The Town also reserves the right to cancel or reissue all or any part of this RFP at its sole discretion. This information will be posted on the Town’s website. If an amendment is issued, it will also be provided to all vendors who have submitted a Letter of Intent to Respond.

1.6 Letter of Intent to Respond
Vendors who anticipate submitting a proposal should submit an email indicating intent to respond to the RFP Coordinator. The subject line should read, “Company Name – Letter of Intent to Respond”. The following information should be included in the Letter of Intent to Respond. • Name of Vendor
• Vendor’s Address
• Vendor’s Person of Contact
• Contact Person’s Telephone Number and Email Address
Submitting a Letter of Intent to Respond, by the specified deadline, is highly desirable for submitting a proposal, and is necessary to ensure a vendor’s receipt of RFP amendments and other communications related to this RFP. The Letter of Intent does not bind vendors to submit a proposal. Not submitting a Letter of Intent does not preclude a vendor from submitting a proposal by the required deadline.

1.7 Questions Pertaining to the RFP
All questions pertaining to this RFP must be submitted by e-mail to the RFP Coordinator: Tony McFarlane, Finance Director at [email protected]. All vendors who have notified the Town of their intent to respond to this RFP will be provided, via email, a copy of all questions submitted as well as the Town’s response.

1.8 Public Records Law
Pursuant to the California Public Records Act, Government Code Section 6250 and following, public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. All submitted proposals are subject to the California Public Records Act and may be determined to be public records subject to disclosure, even if the vendor claims confidential treatment. The Town will disclose public records as required under the California Public Records Act.

1. RFP Overview
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1.9 Rights to Submitted Materials
All Proposals and related correspondence, reports, charges, schedules, exhibits and other documentation submitted with this RFP will become property of the Town and a matter of public record. All documents submitted in response to this request will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to these disclosure requirements.

1.10 Town Agreement and Insurance Requirements
The successful proposer(s) will be required to sign a contract with the Town relating to the work to be performed. Once selected, the proposer must procure and maintain insurance in accordance with the Town’sinsurance requirements for the duration of the contract. The cost of this insurance is the proposer’s responsibility.

2. Scope of Work and Specifications
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2.1 Overview of the Project
The Town of Portola Valley is interested in engaging a consultant to work with staff to prepare a Comprehensive Fee Study, Nexus study for Development Impact Fees and a Cost Allocation Plan.

The contract may be awarded for one or all the studies.

The consultant will ensure that all project documents are both accurate and appropriate for the Town’s current needs, and work with Town staff on strategies to maximize cost recovery. General steps for each individual project would include:

2.1.1 Work with staff to define the purpose, uses, and goals of each Study or Plan.

2.1.2 Meet with staff and conduct interviews to gain an understanding of the Town’s practices and operations.

2.1.3 Review any existing documentation related to fees or the cost allocation plan.

2.1.4 Provide any suggestions or strategies to improve cost recovery levels, and recommend any new fees, if applicable.

2.1.5 Help in developing fee modification strategies that incentivize local policy goals.

2.1.6 Develop and present draft of final report for Town staff to review.

2.1.7 Provide staff with worksheets to support the components of the final plan in an excel, or other editable format, as well as any training on how to update any schedules that need to be reviewed annually or until the next study.

2.1.8 Produce a final written report based on specific project needs, which could include comparison with similar sized organizations.

2.1.9 Present the information related to the User Fee Study, Nexus Study, and/or Cost Allocation Plan to the Town Council.

Additional specifics related to the individual plans will be listed under Performance Requirements in this document.

2.2 Desired Outcome
The desired outcome would be to receive a report that will be used to establish fees and allocate percentage rates that will support the full cost recovery of services; and a Development Impact Fee study that assists in mitigating town-wide impacts on public improvements, public services, and community amenities. Individual performance requirements for each study are listed below.

2. Scope of Work and Specifications
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2.3 Performance Requirements

2.3.1 User Fee Study
Project tasks shall include, but are not necessarily limited to, the following. If the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant’s proposal.

2.3.1.1. Work and meet with Town staff to refine project scope, purpose, uses, and goals of the Town’s User Fee Study to ensure that the study will be both accurate and appropriate to the Town’s needs. Review project schedule and answer any questions pertaining to the successful development of the Study.

2.3.1.2. Conduct a comprehensive review of the Town’s existing fees. For a list of the Town’s fees, see attached “Exhibit A” “Adopted FY 2024-25 Fee Schedule”. The Master Fee schedule is adopted annually and is effective on July 1. Identify the total cost of providing each Town service and in a manner that is consistent with all applicable laws, statutes, rules, and regulations governing the collection of fees, rates, and charges by public entities.

2.3.1.3. Compare service costs with existing recovery levels. This should include any service areas where the Town is currently charging for services as well as areas where the Town, should charge considering the Town’s practices, or the practices of similar, or neighboring municipalities. Include (as allowed by statutes/laws/rules/regulations) practices for deferral and/or forgiveness of fees and/or substitution of public services/facilities in lieu of fees for privately funded and Town projects with public benefit. Include a comparison of current Town practices and similar practices of similar or neighboring municipalities.

2.3.1.4. Recommend appropriate fees and charges based on analysis together with the appropriate subsidy percentage for those fees where full-cost recovery may be unrealistic. Consider the cost of pre-application and post-application meetings to mitigate project problems, assist project proponents to prepare the application.

2.3.1.5. Prepare a report that identifies each service, its full cost, recommended and current cost recovery levels. The report should also identify the direct cost, the indirect cost, and the overhead cost for each service; and provide a model for adjusting these fees for the Town’s current and future needs.

2.3.1.6. Prepare a report that identifies the present scope performed under the fee, the proposed scope performed under the recommended fee, present fees, percentage change, cost recovery percentage, revenue impact, and fee comparison with other San Mateo County municipalities or other California municipalities that are comparable in size to Portola Valley. A survey comparison of fees with similar municipalities is for information only.

2. Scope of Work and Specifications
6 | P a g e

2.3.1.7. Report on other matters that come to the attention of the consultant during their evaluation that in their professional opinion the Town should consider.

2.3.1.8. Present the results of their study to the Town management group and make necessary adjustments as requested.

2.3.1.9. Prepare and participate in presenting the plan to the Town Council.

2.3.1.10. Assist the Finance department in presenting the plan to the Town Council.

2.3.1.11. Provide the Town with an electronic copy of the final comprehensive study work product, including related schedules and cost documentation in a format that can be edited and updated by Town staff to accommodate changes in the organization or changes in costs. Develop a model for adjusting to include the addition of hypothetical service area information for future services enhancements, and the ability to calculate the estimated costs of providing the service under consideration (Scenario and Whatif analyses).

2.3.1.12. Provide on-site training to enable staff to update fee.

2.3.1.13. Prepare a final fee study report in a single PDF file that can be made available to Town staff. Any master fees schedule revisions developed shall be made available to the Town electronically, providing the ability to add or delete and/or update information as needed.

2.3.1.14. Consult with Town staff should it become necessary to defend the Town’s User Fees because of any legal or other challenge.

2. Scope of Work and Specifications
7 | P a g e

2.3.2 Nexus Study
The Town assesses a variety of cost recovery-based fees. The consultant, or consultants, will conduct a comprehensive update of the nexus analysis for these fees and explore adding development impact fees, as appropriate. The Town’s fees must comply with any applicable state and federal law including, but not limited to, the Mitigation Fee Act (California Government Code Section 66000 et seq., also known as Assembly Bill 1600 (AB1600), and applicable constitutional requirements.

Project tasks shall include, but are not limited to, the following. If the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant’s proposal.

2.3.2.1. Develop a comprehensive nexus study for cost-recovery based and development impact fees in alignment with broad policies to adequately facilitate desired development within the Town while supporting the Town’s Capital Improvement Program.

2.3.2.2. Conduct a comprehensive Development Impact Study in alignment with long-range planning policies to complement development within the Town and meet policy objectives.

2.3.2.3. The consultant, or consultants, will be responsible for preparing background reports as well as technical reports documenting the study results for each fee.

2.3.2.4. Provide an overview of development impact fees and in-lieu fees in neighboring and/or similar sized municipalities as a means of comparison.

2.3.2.5. Provide Town staff with an interactive tool that will ensure predictable and intuitive fees that are easily accessible and understandable to customers interested in calculating fees on their own for a particular type of project.

2.3.2.6. Prepare and participate in presenting the plan to interested external parties at public meetings.

2.3.3 Cost Allocation Plan
Develop a Full Cost Allocation Model for calculating the full costs of providing each Town service.

The requirements for the model shall allow for the following:

2.3.3.1. Allow for additions, revisions, or removal of direct and overhead costs so that the cost allocation plan can be easily adapted to a range of activities both simple and complex.

2.3.3.2. Identify overhead rates that can be used in the calculation of billable hourly rates for user fees, and reimbursements from other governmental agencies.

2.3.3.3. Provide the ability for the Town to continuously update the model and overhead cost allocation plan easily from year to year as the organization changes.

2.3.3.4. Identify hypothetical service area information for future service enhancements, and the ability to calculate the estimated cost of providing the service under consideration.

2. Scope of Work and Specifications
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2.3.3.5. Comply with Title 2, Code of Federal Regulations, Part 225, Cost Principles for State, Local, and Indian Tribal Governments; as part of the cost allocation plan proposal, please provide the following

2.3.3.5.1. Provide the methodology appropriate for the calculation and allocation of an overhead cost rate complying with Title 2, Code of Federal Regulations, Part 225, Cost Principles for State, Local and Indian Tribal Governments.

2.3.3.5.2. Prepare a study of each program with overhead costs that are borne in whole or in part by the General Fund that can receive overhead cost for reimbursement from State and Federal governments and/or other sources.

2.3.3.6. Present the cost allocation plan to the Town’s management group and make necessary adjustments as requested.

2.3.3.7. Provide the Town with an electronic copy of the final comprehensive review, including related schedules and cost determination in a format that can be edited and updated by Town staff to accommodate changes to the organization or changes in costs.

2.3.3.8. Consult with Town staff should the need arise to defend the cost allocation plan because of any legal or other challenge.

3. Proposal Submission Requirements
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3.1 General Instructions
Proposals should provide a straightforward, concise description of the vendor’s company, qualifications, proposed solution, and capabilities to satisfy the requirements of this Request for Proposal. Emphasis should be placed on completeness and clarity of content.

Proposals should be organized consistent with the outline provided in this section of the RFP. Vendors must follow all formats and address all portions of the RFP set forth herein providing all information requested.

Submittals must be received no later than 1:00 PM on August 30, 2024.

3.2 Proposal Format
Proposals must be structured, presented, and labeled in the following manner:
• Executive Summary
• Company Information
• Company Background
• Statement of Qualifications
• Implementation and Development Approach
• Training
• Ongoing Support
• References
• Pricing for each study or any discounts associated with conducting all three studies/plans placed in a sealed envelope.
• Proposed Legal Agreement
• Additional Information

3.2.1 Transmittal Letter
The proposal must provide a written letter of transmittal of the proposal in the form of a standard business letter. The Transmittal Letter will reference and respond to each of the following bulleted items.

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• Signature of a company officer empowered to bind the vendor to the provisions of this RFP and any contract awarded pursuant to it.
• A high-level statement of the vendor's credentials to deliver the services sought under the RFP.
• A statement indicating the proposal remains valid for at least 90 days. • A statement that the vendor or any individual who will perform work for the vendor is free of any conflict of interest (e.g., employment by the Town.)

3.2.2 Table of Contents
All pages are to be numbered and the table of contents should identify each major section.

3.2.3 Executive Summary
This section of the proposal should provide a concise synopsis of vendor’s proposal and credentials to deliver the services sought under the RFP. In addition, it should explain how the vendor’s proposal will differentiate itself from other consultant solutions and the reasons the Town should select the vendor’s proposal. This may include a list of the unique attributes or experience that gives the vendor a competitive advantage.

3.2.4 Company Information
This section of the proposal must include the following company information:
• Provide the legal entity name, Federal Employer Identification Number (FEIN), and form of business (i.e., Corporation, LLC, etc.).
• State if the vendor is a subsidiary of a larger company. If so, whom? • Provide a primary contact name, address, phone number, and email address. • State the location of company headquarters and offices which will support the implementation.
• State the location, hours of operation, and contact information of ongoing maintenance and support staff.
• State the current number of employees in the company. • State the number of employees who will be dedicated to the solution proposed. • State all subcontractors and associated scope of work.

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• State the company’s Portola Valley business license number, or statement of understanding that a business license must be purchased prior to doing business with the Town.
• State any pending litigation against the vendor.
• State if vendor has filed for bankruptcy or insolvency in the last 10 years. • State if any mergers, acquisitions, or sales of the vendor company have occurred within the last five years. If so, please provide an explanation of the relevant details.

3.2.5 Company Background
This section should identify the following:
• A description of the Vendor’s background, nature of business and organizational history. • A statement of how long the Vendor has been providing the services that are being proposed and required by this RFP.
• Disclose the Vendor’s annual company revenues and profit for the last three fiscal years.

It is acceptable to include this information as an appendix in the proposal.

3.2.6 Statement of Qualifications
In this section of the proposal, the Vendor should identify company and staff qualifications and experience in implementing the proposed studies or plans. More specifically, this section should identify the following:
• Describe the Vendor’s experience in providing comprehensive fee studies, development impact fee studies and cost allocation plans, especially for municipalities similar in size to the Town of Portola Valley.
• Identify some examples of Vendor’s existing client base including the number of clients who have received the services being proposed in this RFP.

3.2.7 Key Staffing, Development, and Implementation Approach In this section, the Vendor should address the following:
• Provide a project organization chart highlighting the key staff who will be assigned to accomplish the work and any related bios for the project manager and key personnel. • Describe Vendor’s implementation methodology and approach that is relevant to one or all studies. This includes the tools and techniques that will be used and methodologies that the firm will employ.

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• Outline strategies and options that will result in the development and recommendations that are practical to the Town of Portola Valley, meaning that the recommendations must not exceed the Town’s ability to implement and properly utilize them. • Describe the roles and responsibilities of both the Town and Vendor staff during each phase of implementation. In addition, provide an estimated level of effort and skillset required for the Town staff during implementation.
• Provide a project schedule that includes all tasks, deliverables, milestones, and resources required. The Town seeks a detailed understanding of the work plan that will be followed to ensure success. Please indicate any lead time that is needed before a company representative can begin working on the study.
• Describe the Vendor’s validation process for ensuring all information is accurate and criteria for success. Also, outline the responsibilities of Town staff during the final validation and acceptance process.

3.2.8 Training
• Provide an overview of any training that would be needed to understand the methodology related to the studies. The goal would be to allow Town staff to understand how the fees and/or allocations are derived. • If applicable, describe the Vendor’s training strategy/plan that includes current and future employees of the Town in any updates to the underlying calculations with the plans or studies during periods when formal studies are not required.

3.2.9 Ongoing Support
Please provide an overview of any Vendor support offered in relation to follow-up questions regarding the completed studies.

3.2.10 References
The Vendor must provide at least five references. At least three of the references should be for comprehensive fees studies, development impact fees, and cost allocation plans in the last three years. The Town prefers references from local government agencies with similar demographics.

For each reference, the Vendor shall provide the following information:
• Entity Name.
• Customer contact information (name, title, phone, and email). • Scope of work performed identifying the services provided and solutions implemented. • Project start and end dates

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3.2.11 Pricing
The Town is seeking a clear and comprehensive understanding of all costs associated with the project. This would include development of the studies, on-going training, and travel. The Town may entertain remote meetings; however, on-site presentation may be required by the Town Council.

All pricing shall be submitted in a separate sealed envelope.

Each individual study or plan shall be priced separately, along with any discounts identified if the Town moves forward with all three studies.

3.2.12 Proposed Legal Agreement
It is recognized that the formal basis of any agreement between the Town and the Vendor is a contract rather than a proposal. The Town’s standard contract is included in Section 6. While the Town does not typically modify the contract terms, the Vendor may include a draft of any proposed modifications to the Town’s standard contract. If the Vendor requires an alternate contract, then that information must be included in the response to this RFP.

The proposed legal agreement(s) may serve as the basis for contract negotiations between the Town and the selected Vendor(s) or the Town may elect to use its own agreement as the basis.

3.2.13 Additional Information
In this section, the Vendors are requested to provide the following materials:
• Example of development impact fee study for a similar municipality. • Any training material for on-going support.
• If the Vendor offers any complimentary service to enhance the requested studies, then include any informational material, as well as the costs.

Please note that this informational material is not required for this RFP. However, it is requested for potential consideration and future studies.

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4.1 Proposal Evaluation
After the proposals are received, the Town shall review and evaluate them for responsiveness to this RFP to determine whether the proposer possesses the qualifications necessary for the satisfactory performance of the services required. The Town may also investigate qualifications of all proposers to whom the award is contemplated, and the Town may request clarifications of proposals directly from one or more proposers.

In reviewing the proposals, the Town will consider the following:
• The qualifications (including education, training, licenses, experience, and past performance) of the proposer and its agents, employees, and sub-consultants in completing projects of a similar type, size, and complexity. • The feasibility of the proposal based upon the methodology of the proposed scope of services to meet the Town’s needs, the quality of services proposed, and the reasonableness of the total project costs and of the proposed time period over which the work will be completed.
• Understanding of the work to be completed based upon the clarity of the proposal and responsiveness to this RFP.
• Quality, clarity, completeness, and responsiveness of proposal. • Demonstrated ability to work in a cooperative and collaborative manner with clients. • Proposed timeline.
• Anticipated value and price.
• Perceived risk or lack of risk.
• Company financial stability.
• References for each of the primary product(s) and service(s) proposed. • Reasonableness of any proposed adjustments to the Town’s contracts. • Ability to negotiate and execute a contract in a timely manner.

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The Town reserves the right, at its sole discretion, to request clarifications of proposals or to conduct discussions for the purpose of clarification with any or all vendors. The purpose of any such discussion shall be to ensure full understanding of the proposal. Discussions shall be limited to specific sections of the proposal identified by the Town and, if held, shall be after initial evaluation of proposals are complete.

If clarifications are made because of such discussion, the vendor shall put such clarifications in writing.

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5.1 General Conditions
• The Town reserves the right to reject all proposals, to waive any informality, to request interviews with Contractor(s) prior to award and to select and negotiate a contract for services in the best interest of the Town.
• The Town reserves the right to accept all, or part of, any proposal, and to negotiate a contract for services with the selected Contractor(s).
• The Contractor(s) shall provide all necessary personnel, materials, and equipment to perform all work under this proposal.
• The Contractor(s) shall be unbiased and vendor neutral. • Unless otherwise stated, invoices are to be submitted to the Finance Department via [email protected] upon delivery of service to the Town. The invoice must include itemization of all services provided, including unit list of prices, net price, extensions of total amount due, and amounts previously paid. • Unless otherwise stated, payment will be made within (30) days of completion of the service, in an acceptable fashion, to the Town, and receipt of the invoice, whichever is later.
• The contract for services described in this RFP should not be considered exclusive. As deemed necessary, the Town reserves the right to obtain these services from any other qualified vendor.
• Neither party shall be liable for any inability to fulfil its obligations under any subsequent agreement due to war, riot, insurrection, civil commotion, fire, flood, earthquake, storm, or other act of nature.
• Notification of the parties shall be considered to have been constructively received when it is mailed via the United States Postal Service, e-mailed, or delivered in hand to the parties as stated in the contract.
• Proposal shall also mean quotation, bid, offer, qualification/experience statement, and services. Proposers shall also mean vendors, proposers, bidders, or any person of firm responding to a Request for Proposal.
• The Town reserves the right to retain all proposals for a period of 60 days for examination and comparison.
• All contracts entered into by the Town of Portola Valley shall be governed by the laws of the State of California. Any disputes shall be resolved within the venue of the State of California.

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• The Proposer may submit an alternative proposal or proposals that it believes will also meet the Town’s project objectives, but in a different manner. In this case, the Proposer must provide an analysis of the advantages and disadvantages for each alternative and discuss under what circumstances the Town would prefer one alternative over the other(s).

5.2 Reference Checks
The Town of Portola Valley reserves the right to contact any reference, or any client listed in the documents for information which may be helpful to the Town in evaluating the Contractor’s performance on previous assignments.

5.3 Changes to RFP
Changes to this RFP will be e-mailed to all vendors that have submitted a letter of intent to respond.

Such changes will become an integral part of the RFP for incorporation into any contract for services awarded pursuant to this RFP.

5.4 Submittal Address
Send proposals to Tony McFarlane, Finance Director at [email protected]. Or mail to:

Town of Portola Valley
Finance Department
Attn: Tony McFarlane, Finance Director
765 Portola Rd
Portola Valley, CA 94028
If submitting by mail, please ensure “Title of RFP” is written in the lower-left hand corner of the envelope. Three bound copies, plus one electronic file shall be submitted.

Proposals must be completed and submitted by the specified due date. Late submittals or delivery via facsimile will not be considered. The Town assumes no responsibility for delays caused by delivery service. Postmarking by the due date will not substitute for actual receipt of proposal.

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AGREEMENT FOR
__________________
THIS AGREEMENT is made and entered into this __ day of __________, ____ by and between the Town of Portola Valley, a municipal corporation, (“Town”) and _______________________ (“Consultant”).

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

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:

1. SCOPE AND LEVEL OF SERVICES. The nature, scope and level of the specific services to be performed by Consultant are as set forth in detail in Exhibit A attached hereto.

2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis in accordance with the Schedule of Performance attached hereto as Exhibit B.

3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Consultant hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Town. Consultant hereby covenants that it shall follow the highest professional standards in performing all services required hereunder and will perform the services to a standard of reasonable professional care.

4. COMPLIANCE WITH LAW. All services rendered hereunder by Consultant shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the Town, and any federal, state or local governmental agency having jurisdiction in effect at the time the service is rendered.

5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until the services required

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hereunder have been satisfactorily completed by Consultant, unless earlier terminated pursuant to Section 17, below.

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

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

8. REPRESENTATIVE. ________________ is hereby designated as the representative of Consultant authorized to act on its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of ________________ were a substantial inducement for Town to enter into this Agreement. Therefore, ________________ shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The representative may not be changed by Consultant without the express written approval of the Town.

9. INDEPENDENT CONTRACTOR. Consultant is, and shall at all times remain as to the Town, a wholly independent contractor and not an agent or employee of Town. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Consultant receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Consultant shall not be eligible for benefits and shall receive no compensation from the Town except as expressly set forth in this Agreement. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the Town or otherwise act on behalf of the Town as an agent. Neither the Town, nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall at no time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the Town. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold the Town harmless from any and all taxes, assessments, penalties, and interest asserted against the Town by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the worker’s compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold the Town harmless from any failure of Consultant to comply with applicable worker’s compensation laws. The Town shall not have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Town from Consultant as a result of Consultant’s

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failure to promptly pay the Town any reimbursement or indemnification arising under this Section.

10. CONFIDENTIALITY. Consultant, in the course of its duties, may have access to financial, accounting, statistical and personal data of private individuals and employees of the Town. Consultant covenants that all data, documents, discussion, or other information developed and received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by the Town. The Town shall grant such authorization if disclosure is required by law. Upon request, all Town data shall be returned to the Town upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

11. OWNERSHIP OF MATERIAL. All reports, documents, or other written materials developed or discovered by Consultant or any other person engaged directly or indirectly by Consultant in the performance of this Agreement shall be and remain the property of the Town without restriction or limitation upon its use or dissemination by the Town.

12. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may make Consultant “financially interested” (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Consultant has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Consultant from accepting other engagements with the Town.

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

Consultant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Consultant’s obligations hereunder, without the prior written consent of the Town Council, and any attempt by Consultant to do so shall be void and of no effect and a breach of this Agreement.

14. INDEMNIFICATION.

14.1 To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, employees, agents and volunteers against any claims, losses, or liability that may arise out of or result from damages to property or personal injury received by reason of, or in the course of work performed under this

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Agreement due to the acts or omissions of Consultant or Consultant’s officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of such services shall not operate as a waiver of such right of indemnification.

14.2 With regard to Consultant’s professional services, Consultant agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of Consultant’s profession, including without limitation adherence to all applicable safety standards. To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, and employees from and against all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including, but not limited to, reasonable attorneys’ fees, court costs and costs of alternative dispute resolution regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of Consultant or Consultant’s officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of said services and duties by Town shall not operate as a waiver of such right of indemnification.

14.3 The Town does not and shall not waive any rights that they may possess against Consultant because of the acceptance by the Town or the deposit with the Town of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

15. INSURANCE REQUIREMENTS. Consultant agrees to have and maintain the policies set forth in Exhibit D entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town Attorney as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the Town Attorney. Consultant agrees to provide Town with a copy of said policies, certificates, and/or endorsements before work commences under this Agreement. A lapse in any required amount or type of insurance coverage during this Agreement shall be a breach of this Agreement.

16. SUSPENSION. The Town may, in writing, order Consultant to suspend all or any part of Consultant’s services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Consultant. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.

17. TERMINATION.

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17.1 This Agreement may be terminated by either the Town or Consultant following five (5) days written notice of intention to terminate. In the event the Agreement is terminated, Consultant shall be paid for any services properly performed to the last working day the Agreement is in effect. Consultant shall substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town’s right of termination shall be in addition to all other remedies available under law to the Town.

17.2 In the event of termination, Consultant shall deliver to the Town copies of all reports, documents, computer disks, and other work prepared by Consultant under this Agreement, if any. If Consultant’s written work is contained on a hard computer disk, Consultant shall, in addition to providing a written copy of the information on the hard disk, immediately transfer all written work from the hard computer disk to a soft computer disk and deliver said soft computer disk to Town. Town shall not pay Consultant for services performed by Consultant through the last working day the Agreement is in effect unless and until Consultant has delivered the above described items to the Town.

18. CONSULTANT’S BOOKS AND RECORDS. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, supplies, materials, or equipment provided to Town for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.

19. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition.

Acceptance by the Town of the performance of any work or services by Consultant shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town’s making of any payment to Consultant constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Consultant, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.

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20. NOTICES. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be given in writing by personal delivery, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:

To Town:

Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Fax: (650) 851-4677
To Consultant:
________________________
________________________
________________________
Fax: (___) _______________
Notice shall be deemed communicated on the earlier of actual receipt or forty-eight (48) hours after deposit in the U.S. mail, the date of delivery shown on deliverer’s receipt, or by acknowledgment of facsimile transmission.

21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition. Consultant will take affirmative action to ensure that employees are treated without regard to race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition.

22. ATTORNEYS’ FEES; VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled. The venue for any litigation shall be San Mateo County.

23. COOPERATION. In the event any claim or action is brought against the Town relating to Consultant’s performance or services under this Agreement, Consultant shall render any reasonable assistance and cooperation which Town might require.

24. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement.

25. PRIOR AGREEMENTS AND AMENDMENTS; ENTIRE AGREEMENT.

This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between the Town and Consultant. This Agreement supersedes all prior oral and written negotiations, representations or agreements. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a

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written amendment duly executed by the parties to this Agreement. Any amendment relating to compensation for Consultant shall be for only a not-to-exceed sum.

IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement effective as of the date written above.

TOWN: CONSULTANT:

By: _______________________
Mayor
By: _______________________
Name (printed):________________
Title: _______________________
EIN _______________________
ATTEST:
____________________________
Town Clerk

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EXHIBIT A
(SCOPE AND LEVEL OF SERVICES)

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EXHIBIT B
(SCHEDULE OF PERFORMANCE)

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EXHIBIT C
(COMPENSATION)

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EXHIBIT D
(INSURANCE REQUIREMENTS)
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to or interference with property which may arise from, or in connection with, the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.

1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:

1.1 Insurance Services Office Form No. CG 0001 covering General Liability and Commercial General Liability on an “occurrence” basis.

1.2 Insurance Services Office Form No. CA 0001 covering Automobile Liability, Code 1 (any auto), Code 8 (hired autos) or Code 9 (non-owned autos), if Consultant has no owned autos.

1.3 Workers’ Compensation Insurance as required by the Labor Code of the State of California and Employer’s Liability Insurance.

1.4 Errors and Omissions Liability Insurance appropriate to the Consultant’s profession. Architects’ and Consultants’ coverage is to be endorsed to include contractual liability.

2. MINIMUM LIMITS OF INSURANCE. Consultant shall maintain limits no less than:

2.1 Comprehensive General Liability. (Including products-completed operations, personal & advertising injury) One Million Dollars ($1,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

2.3 Workers’ Compensation and Employers Liability. Workers’ compensation limits as required by the Labor Code of the State of California. One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

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

3. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to, and approved by, the Town. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officials, employees, agents and contractors; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the Town. The Town ay require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

4. OTHER INSURANCE PROVISIONS.

4.1 General Liability and Automobile Liability Coverages. The General Liability and Automobile Liability insurance policies required pursuant to Sections 1.1 and

1.2 shall contain or be endorsed contain the following provisions:

4.1.1 The Town, its officials, employees, agents, contractors and volunteers are covered as additional insureds with respect to liability arising out of work or operations performed by, or on behalf of, the Consultant including materials, parts or equipment furnished in connection with such work or operations, and products and completed operations of the Consultant on premises owned, leased or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officials, employees, agents and contractors.

4.1.2 The Consultant’s insurance coverage is the primary insurance as respects the Town, its officials, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by the Town, its officials, employees, agents, contractors, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

4.1.3 The Insurance Company agrees to waive all rights of subrogation against the Town, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Town’s insurer.

4.1.4 Coverage shall not be canceled by either party, except after thirty (30) days prior written notice (10 days for non-payment) by regular mail has been given to the Town.

4.1.5 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officials, employees, agents or contractors.

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4.1.6 Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

4.2 Worker’s Compensation Insurance. The Worker’s Compensation Policy required pursuant to Section 1.3 shall contain or be endorsed to contain the provision set forth in subsection 4.1.4 above.

4.3 Acceptability of Insurers. All required insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.

4.3 Claims Made Policies. If any of the required policies provide claimsmade coverage, the Town requires that coverage be maintained by Consultant for a period of 5 years after completion of the contract.

5. VERIFICATION OF COVERAGE. Consultant shall furnish the Town with original certificates, amendatory endorsements, and actual policies of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive consultant’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.

Proof of insurance shall be mailed to the following address:

Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028

6. SUBCONTRACTORS. Consultant shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.

AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is made and entered into this 9th day of October, 2024 by and between the Town of Portola Valley, a municipal corporation, (“Town”) and Matrix Consulting Group (“Consultant”).

RECITALS
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide comprehensive fee study and Development Impact Fee Nexus study services to the Town, as described in more detail in Exhibit A. Consultant will work with the Town to update its current user fee schedule and implement development impact fees.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:

1. SCOPE AND LEVEL OF SERVICES. The nature, scope and level of the specific services to be performed by Consultant are as set forth in detail in Exhibit A attached hereto.

2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis in accordance with the Schedule of Performance attached hereto as Exhibit B.

3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Consultant hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Town. Consultant hereby covenants that it shall follow the highest professional standards in performing all services required hereunder and will perform the services to a standard of reasonable professional care.

4. COMPLIANCE WITH LAW. All services rendered hereunder by Consultant shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the Town, and any federal, state or local governmental agency having jurisdiction in effect at the time the service is rendered.

5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until the services required

hereunder have been satisfactorily completed by Consultant, unless earlier terminated pursuant to Section 17, below.

6. COMPENSATION. The Town agrees to compensate Consultant for its services according to the fee schedule set forth in Exhibit C, to a maximum of sixty-six thousand ($66,000). The Town also agrees to compensate Consultant for its out-ofpocket expenses to the extent authorized in Exhibit C. In no event shall the total compensation and costs payable to consultant under this Agreement exceed the sum of sixty-six thousand ($66,000), unless specifically approved in writing by the Town Council.

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

8. REPRESENTATIVE. Richard Brady is hereby designated as the representative of Consultant authorized to act on its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of Matrix Consulting Group were a substantial inducement for Town to enter into this Agreement. Therefore, Courtney Ramos shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The representative may not be changed by Consultant without the express written approval of the Town.

9. INDEPENDENT CONTRACTOR. Consultant is, and shall at all times, remain as to the Town, a wholly independent contractor and not an agent or employee of Town. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Consultant receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Consultant shall not be eligible for benefits and shall receive no compensation from the Town except as expressly set forth in this Agreement. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the Town or otherwise act on behalf of the Town as an agent. Neither the Town, nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall at no time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the Town. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold the Town harmless from any and all taxes, assessments, penalties, and interest asserted against the Town by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the worker’s compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold the Town harmless from any failure of Consultant to comply with applicable worker’s compensation laws. The Town shall not have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Town from Consultant as a result of Consultant’s failure to promptly pay the Town any reimbursement or indemnification arising under this Section.

10. CONFIDENTIALITY. Consultant, in the course of its duties, may have access to financial, accounting, statistical and personal data of private individuals and employees of the Town. Consultant covenants that all data, documents, discussion, or other information developed and received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by the Town. The Town shall grant such authorization if disclosure is required by law. Upon request, all Town data shall be returned to the Town upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

11. OWNERSHIP OF MATERIAL. All reports, documents, or other written materials developed or discovered by Consultant or any other person engaged directly or indirectly by Consultant in the performance of this Agreement shall be and remain the property of the Town without restriction or limitation upon its use or dissemination by the Town.

12. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may make Consultant “financially interested” (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Consultant has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Consultant from accepting other engagements with the Town.

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

Consultant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Consultant’s obligations hereunder, without the prior written consent of the Town Council, and any attempt by Consultant to do so shall be void and of no effect and a breach of this Agreement.

14. INDEMNIFICATION.

14.1 To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, employees, agents and volunteers against any claims, losses, or liability that may arise out of or result from damages to property or personal injury received by reason of, or in the course of work performed under this Agreement due to the acts or omissions of Consultant or Consultant’s officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of such services shall not operate as a waiver of such right of indemnification.

14.2 With regard to Consultant’s professional services, Consultant agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of Consultant’s profession, including without limitation adherence to all applicable safety standards. To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, and employees from and against all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including, but not limited to, reasonable attorneys’ fees, court costs and costs of alternative dispute resolution regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of Consultant or Consultant’s officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of said services and duties by Town shall not operate as a waiver of such right of indemnification.

14.3 The Town does not and shall not waive any rights that they may possess against Consultant because of the acceptance by the Town or the deposit with the Town of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

15. INSURANCE REQUIREMENTS. Consultant agrees to have and maintain the policies set forth in Exhibit D entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town Attorney as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the Town Attorney. Consultant agrees to provide Town with a copy of said policies, certificates, and/or endorsements before work commences under this Agreement. A lapse in any required amount or type of insurance coverage during this Agreement shall be a breach of this Agreement.

16. SUSPENSION. The Town may, in writing, order Consultant to suspend all or any part of Consultant’s services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Consultant. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.

17. TERMINATION.

17.1 This Agreement may be terminated by either the Town or Consultant following five (5) days written notice of intention to terminate. In the event the Agreement is terminated, Consultant shall be paid for any services properly performed to the last working day the Agreement is in effect. Consultant shall substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town’s right of termination shall be in addition to all other remedies available under law to the Town.

17.2 In the event of termination, Consultant shall deliver to the Town copies of all reports, documents, computer disks, and other work prepared by Consultant under this Agreement, if any. If Consultant’s written work is contained on a hard computer disk, Consultant shall, in addition to providing a written copy of the information on the hard disk, immediately transfer all written work from the hard computer disk to a soft computer disk and deliver said soft computer disk to Town. Town shall not pay Consultant for services performed by Consultant through the last working day the Agreement is in effect unless and until Consultant has delivered the above described items to the Town.

18. CONSULTANT’S BOOKS AND RECORDS. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, supplies, materials, or equipment provided to Town for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.

19. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition.

Acceptance by the Town of the performance of any work or services by Consultant shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town’s making of any payment to Consultant constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Consultant, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.

20. NOTICES. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be given in writing by personal delivery, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:

To Town:

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

Richard Brady
Matrix Consulting Group
1875 S Grant St
San Mateo, CA 94402
Fax: (650) 858-0507
Notice shall be deemed communicated on the earlier of actual receipt or forty-eight (48) hours after deposit in the U.S. mail, the date of delivery shown on deliverer’s receipt, or by acknowledgment of facsimile transmission.

21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Consultant shall not discriminate against any

employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition. Consultant will take affirmative action to ensure that employees are treated without regard to race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition.

22. ATTORNEYS’ FEES; VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled. The venue for any litigation shall be San Mateo County.

23. COOPERATION. In the event any claim or action is brought against the Town relating to Consultant’s performance or services under this Agreement, Consultant shall render any reasonable assistance and cooperation which Town might require.

24. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement.

25. PRIOR AGREEMENTS AND AMENDMENTS; ENTIRE AGREEMENT.

This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between the Town and Consultant. This Agreement supersedes all prior oral and written negotiations, representations or agreements. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. Any amendment relating to compensation for Consultant shall be for only a not-to-exceed sum.

IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement effective as of the date written above.

TOWN: CONSULTANT:

By: _______________________
Mayor
By: _______________________
Name (printed):________________
Title: _______________________
EIN _______________________
ATTEST:
____________________________
Town Clerk

EXHIBIT A
(SCOPE AND LEVEL OF SERVICES)

EXHIBIT B
(SCHEDULE OF PERFORMANCE)

EXHIBIT C
(COMPENSATION)

EXHIBIT D
(INSURANCE REQUIREMENTS)
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to or interference with property which may arise from, or in connection with, the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.

1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:

1.1 Insurance Services Office Form No. CG 0001 covering General Liability and Commercial General Liability on an “occurrence” basis.

1.2 Insurance Services Office Form No. CA 0001 covering Automobile Liability, Code 1 (any auto), Code 8 (hired autos) or Code 9 (non-owned autos), if Consultant has no owned autos.

1.3 Workers’ Compensation Insurance as required by the Labor Code of the State of California and Employer’s Liability Insurance.

1.4 Errors and Omissions Liability Insurance appropriate to the Consultant’s profession. Architects’ and Consultants’ coverage is to be endorsed to include contractual liability.

2. MINIMUM LIMITS OF INSURANCE. Consultant shall maintain limits no less than:

2.1 Comprehensive General Liability. (Including products-completed operations, personal & advertising injury) One Million Dollars ($1,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

2.3 Workers’ Compensation and Employers Liability. Workers’ compensation limits as required by the Labor Code of the State of California. One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

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

3. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to, and approved by, the Town. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officials, employees, agents and contractors; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the Town. The Town ay require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

4. OTHER INSURANCE PROVISIONS.

4.1 General Liability and Automobile Liability Coverages. The General Liability and Automobile Liability insurance policies required pursuant to Sections 1.1 and

1.2 shall contain or be endorsed contain the following provisions:

4.1.1 The Town, its officials, employees, agents, contractors and volunteers are covered as additional insureds with respect to liability arising out of work or operations performed by, or on behalf of, the Consultant including materials, parts or equipment furnished in connection with such work or operations, and products and completed operations of the Consultant on premises owned, leased or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officials, employees, agents and contractors.

4.1.2 The Consultant’s insurance coverage is the primary insurance as respects the Town, its officials, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by the Town, its officials, employees, agents, contractors, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

4.1.3 The Insurance Company agrees to waive all rights of subrogation against the Town, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Town’s insurer.

4.1.4 Coverage shall not be canceled by either party, except after thirty (30) days prior written notice (10 days for non-payment) by regular mail has been given to the Town.

4.1.5 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officials, employees, agents or contractors.

4.1.6 Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

4.2 Worker’s Compensation Insurance. The Worker’s Compensation Policy required pursuant to Section 1.3 shall contain or be endorsed to contain the provision set forth in subsection 4.1.4 above.

4.3 Acceptability of Insurers. All required insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.

4.3 Claims Made Policies. If any of the required policies provide claimsmade coverage, the Town requires that coverage be maintained by Consultant for a period of 5 years after completion of the contract.

5. VERIFICATION OF COVERAGE. Consultant shall furnish the Town with original certificates, amendatory endorsements, and actual policies of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive consultant’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.

Proof of insurance shall be mailed to the following address:

Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028

6. SUBCONTRACTORS. Consultant shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.

_________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Catherine Engberg, Town Attorney
DATE: October 9, 2024
RE: Approval of Interim Town Manager Employment Agreement and Budget Amendment
RECOMMENDED ACTION:

Approve an employment agreement for Interim Town Manager with Corie StockerPedalino (Attachment 1) and approve a $50,000 budget amendment for consultant services during this transition.

BACKGROUND:

On September 19, 2024, the Town Council appointed Assistant Town Manager Corie Stocker-Pedalino to serve as Interim Town Manager while the Town undertakes the process to recruit and retain an ongoing Town Manager. Stocker-Pedalino agreed to serve in this role through the end of the year, and under the terms similar to those of former Public Works Director Howard Young when he served as Interim Town Manager in 2023.

DISCUSSION:

A contract has been prepared in consultation with the Mayor and Vice Mayor, which is acceptable to Stocker-Pedalino and is submitted to the Council for its consideration.

The term of the agreement is from October 1, 2024 to January 15, 2025, or upon the start date of a new interim or permanent Town Manager, whichever is earlier. StockerPedalino will be paid a 10% premium above her current salary (which equates to $6,970 over a six month period) to account for her expanded duties.

Additionally, Stocker-Pedalino is authorized under the agreement to retain consultant services to backfill some of the administrative functions of her Assistant Town Manager duties and the vacant Town Clerk position in the amount of $50,000.

TOWN OF PORTOLA VALLEY

STAFF REPORT

At the end of the term of the agreement, Stocker-Pedalino is entitled to return to her role as Assistant Town Manager.

BUDGET AMENDMENT
The budget will be amended to transfer salary savings in the amount $50,000 to the Town Manager consultant budget.

ATTACHMENTS

1. Interim Town Manager Employment Agreement
1833753.1

EMPLOYMENT AGREEMENT

INTERIM TOWN MANAGER
THIS AGREEMENT (“Agreement”) is entered into and is effective as of October 1, 2024 (“Effective Date”), by and between the TOWN OF PORTOLA VALLEY, a municipal corporation (hereinafter referred to as "Town"), and CORIE STOCKER-PEDALINO (hereinafter referred to as “Stocker-Pedalino” or “Employee”), with reference to the following facts:

R E C I T A L S
WHEREAS, prior to the Effective Date, Stocker-Pedalino was employed by the Town as the Town’s Assistant Town Manager;
WHEREAS, the Town Council is desirous of employing Stocker-Pedalino to act as and perform the duties of the Interim Town Manager while it conducts a search for an ongoing Town Manager; and
WHEREAS, Stocker-Pedalino in good faith is agreeable to performing the duties of Interim Town Manager under the terms and conditions of this Agreement.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

AGREEMENT

1. EMPLOYMENT AND SCOPE OF DUTIES. Town hereby appoints current employee Corie Stocker-Pedalino to the temporary position of Interim Town Manager, and Stocker-Pedalino accepts such appointment on the terms and conditions set forth in this Agreement. Stocker-Pedalino shall perform the following duties and services during the term of this Agreement:
a. Under the direction and control of the Town Council, Employee shall provide modified services and duties of Interim Town Manager set forth in Exhibit A and such other duties as may be assigned by the Town Council from time to time. Employee shall perform her obligations and responsibilities diligently within the time parameters indicated by the Town Council, applying the highest degree of professionalism, ethics, integrity, and competency to the discharge of every aspect of her obligations.
b. Employee shall not make any department head changes in her capacity as Interim Town Manager without consulting with a subcommittee of the Town Council (e.g., Mayor and Vice Mayor).

c. Employee shall not engage in any activity which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. Employee shall comply fully with her reporting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission (“FPPC”).
d. Employee agrees to remain in the exclusive employ of the Town during the term of this Agreement. Employee shall dedicate her full energies and qualifications to her employment as the Interim Town Manager and shall not engage in any other employment except as may be specifically approved in writing in advance by the Town Council.
e. Upon the end of this Agreement, Stocker-Pedalino shall have the right and the parties anticipate that she will resume her full responsibilities as Assistant Town Manager unless she is terminated for cause under Section 6(c). It is acknowledged that once this Agreement is over, Stocker-Pedalino currently intends to return to her full time duties as Assistant Town Manager.

2. TERM. The term of this Agreement shall begin on the Effective Date and shall terminate on (1) January 15, 2025 (“Expiration Date”) or (2) upon the start date of a new interim or permanent Town Manager, whichever is earlier; provided, however, that this Agreement may be terminated before the Expiration Date or extended in writing under terms and conditions mutually satisfactory to the parties.

In such cases the new date shall be the Expiration Date.

3. COMPENSATION. For the services to be provided pursuant to this Agreement, Employee shall receive the following compensation and benefits under this Agreement:

Compensation
a. Compensation. As consideration for her out-of-classification work during the term of this Agreement, Employee shall be paid an additional 10 percentage increase over her current base salary as Assistant Town Manager which as of October 1, 2024 is $238,960 per year. Further, Employee’s base salary shall be increased by the same percentage and at the same time any discretionary across-the-board increase is granted to the Town’s exempt management employees covered by the Town’s Compensation Plan (Annual CPI and Merit raise). Employee’s salary shall be payable in installments at the same time as other management employees of the Town and in accordance with established Town procedures.

Benefits
a. Deferred Compensation. In accordance with Section 4.1.3 of the Town’s Compensation Plan, the Town shall continue to make a contribution to the

deferred compensation account of the Employee equal to five percent (5.0%) of her base salary each pay period provided that the Town’s contribution when combined with the employee’s contribution does not exceed the maximum annual contribution.
b. General Benefits. Except as may be otherwise provided herein, Employee shall be provided the compensation and benefits offered to all other department heads as provided for in the Town’s Compensation Plan. As used herein, benefits include but are not necessarily limited to, vacation, sick leave, holidays, administrative leave retirement, work from home program, 9/80 work schedule, health insurance, dental insurance, car allowance, longterm disability insurance, and life insurance. Employee shall not be compensated for any hours worked overtime because Employee is exempt from overtime under the Federal Fair Labor Standards Act. c. Expense Reimbursement. The Town agrees to budget and pay for or reimburse the Employee for general expenses, dues, subscriptions, travel, and subsistence expenses are reasonably incurred by the Employee in the performance of job-related activities, functions, meetings, professional development, and professional conferences; provided, however, that the amount paid under this subsection (d)(i) shall be limited by the amount the Council budgets for such expenditures.
d. Cash Out of Accrued Leave. Employee shall retain the rights she enjoyed as the Assistant Town Manager under the Compensation Plan in terms of the timing of her right to “cash out” accrued but unused leaves. During the term of this Agreement any cashout shall be at the Employee’s current salary rate under this Agreement. In consideration of the anticipated workload, the cap on accrued but unused leave shall be temporarily suspended for Employee during the Term of this Agreement. Upon resumption of Employee’s role as Assistant Town Manager, the leave cap shall be reinstated and Employee shall have three months to get her leave balance under the cap.

4. HIRING CONSULTANTS. During the Term of this Agreement, It is expected that Employee will/may need to hire additional consultants or temporary employees (collectively “Consultants”) to assist Employee and other Department Heads in performing their duties. Unless authorized by the entire Town Council, the total budget for such Consultants shall not exceed $50,000 during the Term of this Agreement.

5. PERSONNEL MANUAL. The Town’s personnel ordinances, resolutions, rules and policies shall apply to the Employee. Employee acknowledges receipt and review of a copy of the Town’s Personnel Policies Manual.

6. RESIGNATION AND TERMINATION.

a. Resignation by Employee. Employee may, upon giving the Town 30 days’ advance written notice, resign her position as Interim Town Manager and return/resume to her full duties as Assistant Town Manager. Any benefits or rights that Employee enjoyed as the Interim Town Manager under this Agreement shall terminate upon the effective date of her resignation. b. Termination without Cause. The Town Council has the right, upon thirty (30) days advance written notice to Employee, to terminate Employee at any time during the term of this Agreement without cause. The parties agree that Employee serves at the will of the Town Council. In the event Employee is terminated under this provision, she shall be entitled to resume her full duties as Assistant Town Manager in accordance with Section 6.e below. c. Termination with Cause. The Town has the right to immediately terminate this Agreement with Cause (as defined below). If Town terminates this Agreement with Cause, as determined by the affirmative votes of a majority of the members of the Town Council at a regular meeting of the Town Council, Employee shall not be entitled to any additional compensation or payment, except for accrued vacation pay, and any other accrued and unused benefit allowances according to their terms as provided in the Compensation Plan. As used in this Agreement, “Cause” shall only mean any of the following:
i. Conviction of, or plea of guilty or no contest to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the Town or on the Interim Town Manager’s reputation;
ii. Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4; iii. Any negligent action or inaction by Employee that materially and adversely is detrimental to employees or public safety.

Notwithstanding anything in this Agreement to the contrary, if Employee is terminated as the Interim Town Manager for cause as set forth above, then she shall not be entitled to resume the full duties of Assistant Town Manager and her employment with the Town shall also terminate.
d. Expiration of Employment. Unless sooner terminated hereunder, Employee’s employment as the Interim Town Manager shall terminate on the Expiration Date. However, the parties may extend the term of this Agreement as set forth in Paragraph 2.
e. Resumption of Assistant Town Manager Duties. Unless this Agreement is terminated for Cause under Section 6(c), upon the resignation of Employee

under Section 6(a), termination without cause under Section 6(b) or the Expiration Date as set forth in Section 2, Employee shall resume and have the right to return to the position of full time Assistant Town Manager.

Employee’s salary and benefits shall be adjusted to match that which would have been in effect at the time of return had she not entered into this Agreement and had, during the term of this Agreement, retained and performed all of the duties of her position as Assistant Town Manager. In addition, Employee’s salary and benefits shall be adjusted to take into account any salary increase or benefit addition Employee would have received as Assistant Town Manager had this Agreement not been in effect.

7. COUNCIL CHECK-INS. The Town Council shall meet periodically with the Interim Town Manager during the term of this Agreement to provide feedback and guidance on Interim Town Manager tasks. As part of the check-in, the Town Council, in consultation with Employee, shall define such goals and objectives that they determine to be necessary for the proper operation of the Town and shall further establish a relative priority among the various goals and objectives.

8. GENERAL PROVISIONS.
a. Notices. Any notice or communication permitted or required by this Agreement shall be in writing and shall become effective on personal delivery or three (3) days after the mailing thereof by certified mail, return receipt requested; postage prepaid, to either party at Town Hall, 765 Portola Road, Portola Valley, California 94028.
b. Indemnification. Consistent with the California Government Code, Town shall defend, hold harmless, and indemnify Manager using legal counsel of Town’s choosing, against expense or legal liability for acts or omissions by Manager occurring within the course and scope of Manager’s employment under this Agreement. This provision shall survive the termination of this Agreement.
c. Waiver. The waiver of any breach of any provision of this Agreement by either party to this Agreement shall not be deemed to be a waiver of any other provision or subsequent breach hereunder, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
d. Construction of Terms. The language of all parts of this Agreement shall be construed according to their plain meaning and shall not be construed for or against either party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment or exhibits hereto.

e. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be unenforceable, void or invalid, in whole or in part, for any reason, the remainder of this Agreement shall remain in full force and effect. In the event of such entire or partial invalidity, the parties hereto agree to enter into supplemental or other agreements to effectuate the intent of the parties and the purpose of this Agreement.
f. Controlling Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California, with venue proper only in the County of San Mateo, State of California.
g. Entire Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to the matters set forth in this Agreement and supersedes all prior and contemporaneous agreements, representations, promises, and understanding of the parties, whether oral or in writing. No supplement, modification, or amendment of this Agreement shall be binding, unless executed in writing by all parties, and this Agreement may not be altered, amended, or modified by any other means. Each party waives their future right to claim, contend, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver, or estoppel.
h. Other Terms and Conditions of Employment. The Council, in consultation with the Employee, may fix any such other terms and conditions of employment relating to the performance of the Employee, provided the terms or conditions do not conflict with the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above.

TOWN OF PORTOLA VALLEY
By:_________________________
Sarah Wernikoff, Mayor
____________________________
Corie Stocker-Pedalino
Approved as to form:
____________________________
Catherine Engberg, Town Attorney

EXHIBIT A

TOWN OF PORTOLA VALLEY
Interim TOWN MANAGER
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DUTIES AND OBLIGATIONS
The Town Manager shall be the administrative head of the Town government under the direction and control of the Town Council. The Town Manager shall be responsible for the efficient administration of all affairs of the Town and shall assume full management responsibility for all Town operations. The Town Manager shall work with the Town Council to direct the development and implementation of the Town's goals, objectives, policies and priorities. In consultation with the Town Council, the Town Manager shall develop strategic planning processes to guide the future of the Town. The Town Manager shall perform functions directed and assigned by the Town Council.

A. Performance of Duties. To perform such duties and obligations and exercise such powers as may be delegated to him/her from time to time by ordinance, resolution, or other action of the Town Council. To perform the functions identified in the Portola Valley Municipal Code, including but not limited to the functions of Town Treasurer and Director of Emergency Services.

B. Attendance at Meetings. To attend all meetings of the Town Council, unless excused therefrom, except when his/her removal is under consideration. To attend, when appropriate, the meetings of Town commissions and committees. To attend and represent the Town at meetings of outside agencies and organizations.

C. Administration. To provide highly responsible and complex administrative support to the Town Council, including, but not limited to staffing assistance, preparing and presenting staff reports and other necessary documents. To provide staff support to Town commissions and committees. To coordinate Town activities with those of other cities, counties and outside agencies and organizations.

D. Authority. To control, order and give direction to all department heads, subordinate officers, and employees of the Town, including those appointed by contract or agreement, except elected officers and the Town Attorney. To appoint, remove,

promote, and demote employees of the Town, except the Town Attorney. This function shall be served in consultation the subcommittee with respect to department head employees. To recommend to the Town Council such organization of offices, positions and departments as may be indicated in the interests of the efficient, effective, and economical conduct of the business of the Town. To assess and monitor workload, administrative support systems and internal reporting relationships and identify opportunities for improvement. To select, motivate and evaluate personnel and consultants. To resolve personnel concerns and issues unrelated to the Town Manager in accordance with Town policy and to cooperate in the resolution of any concerns and issues related to the Town Manager.

E. Service Delivery. To monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures and to allocate staffing resources accordingly. To plan direct and coordinate, through staff and consultants, the work plan for the Town. To meet with appropriate staff and consultants to identify and resolve problems. To assess the need for, select and evaluate contract services. To work with, promote and encourage the use of volunteers.

F. Law Enforcement. To enforce any of the provisions of the Portola Valley Municipal Code or any other ordinance of the Town, or any rule, regulation or order promulgated or issued pursuant to the Portola Valley Municipal Code, and to ascertain that all contracts, permits and privileges granted by the Town are faithfully observed.

G. Recommendation of Legislation. To recommend to the Town Council for adoption such measures and ordinances as he/she deems necessary or expedient. To monitor State and Federal legislation and recommend appropriate action to the Town Council as needed. To attend and participate in professional group meetings and stay abreast of new trends and innovations in the field of public administration and management.

H. Finances. To keep the Town Council at all times fully advised as to the financial conditions and needs of the Town. To prepare and submit to the Town Council for its approval the proposed annual budget and the proposed compensation plan. To approve expenditures and implement budgetary adjustments as appropriate and necessary.

I. Purchases and Expenditures. To purchase all supplies for all the departments or divisions of the Town. No expenditure shall be submitted to the Town Council, except with the report and approval of the Town Manager.

J. Conduct. To conduct him or herself with due regard to public conventions and morals. To refrain from engaging in any conduct that would reasonably tend to degrade him or herself or bring the Town into public hatred, contempt or ridicule, or tend to offend the community.

K. Communication. To respond to media inquiries, Town Council concerns, issues and community needs. To respond to and resolve difficult and sensitive citizen inquiries and complaints.
1831792.4

There are no written materials for
Item 6c

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty
DATE: October 2,2024
RE: BPTSC
There is a request from this committee that the job description of our Public Works Director /Engineer includes attendance at related publicly noticed committee as possible and at the request of the Committee Chair or Town Council Liaison as needed. Safe Routes to school and the CCAG initiatives such as Vision 0 require staff participation; previous submitted plan has not yet been located.

Traffic overlay-10,000 cars /day on Alpine, 8,000 cars /day on Portola Road. The traffic on Alpine is increasing with increasing construction and housing. Preserving our Alpine Scenic Corridor is a priority for the town, its open spaces and its visitors. There is a need for a total overlook of our traffic risks in light of a possible development at the Historic Complex, Willow Commons, Wedge Development.

It is our obligation to make the Hawthorne entrance safe. #9 is better for safety for bikes, schools, traffic flow and the character of Town. Kids cross to the Triangle Park and this is the heart of the town not a parking lot.
(I suggest that we make the Hawthorne’s access open to bikers and walk ins only until the overall risk is understood- my thought- but this was not discussed) A vote was taken in support of option 9 (over 10) for parking alternatives which was unanimous.

All projects should be participating in the safety of the community. Priory Headmaster will come to the next meeting to work with the BPT Safety Committee.

TOWN OF PORTOLA VALLEY
Committee / Commission Liaison
Report

Opportunities for new county grants will be pursued for traffic evaluation which might work with School District. These may or may not depend on our completing our Audits.

Discussed Alpine Inn parking and the committee is looking to Mathew Fox to support the business’s efforts, no parking signs are being stolen and not reported.

The Skyline Blvd project was discussed and the Caroline Vertongen will submit a list of agencies that could potentially be recruited to support and work with private funding for shoulder improvement on Skyline Blvd.