TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, February 26, 2025
7:00 PM
HYBRID MEETING
A G E N D A
Judith Hasko, Mayor
Craig Taylor, Vice Mayor
Rebecca Flynn, Councilmember
Mary Hufty, Councilmember
Helen Wolter, Councilmember
HISTORICSCHOOLHOUSE - 765PortolaRoad,PortolaValley,CA 94028 Mayor Hasko will be participating remotely from the Lodge at Torrey Pines, 11480 N Torrey Pines Rd., Room 411, La Jolla CA 92037
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.
In-Person Public Comments: Please fill out and submit a Public Comment card to the Town Clerk or Mayor prior to speaking. The Mayor will call your name at the appropriate time. Each speaker’s time is limited to three (3) minutes. The Mayor reserves the right to limit speakers’ time, depending upon the number of speakers or other circumstances.
Assistance for People with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851-1700 or by email at [email protected]. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.
1. CALL TO ORDER / ROLL CALL
2. PRESENTATIONS / PROCLAMATIONS - None
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Town Council Agenda
February 26, 2025
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 submit a speaker’s slip located at the back of the room to the Town Clerk or Mayor, prior to speaking. Please note 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.
5. CONSENT AGENDA
a. Adopt Regular Meeting Minutes of February 12, 2025
b. Approve Warrant List of February 26, 2025
c. Approve Second Revised and Restated Joint Powers Agreement with the San Mateo Operational Area Emergency Services Council
d. Adopt Resolution No. 2960-2025, Authorizing a Primary Grant Agreement with the San Mateo County Transportation Authority to be eligible to receive Measure A and Measure W funding for local projects
e. Adopt Resolution No. 2961-2025, Approving Shady Trail Renovation Project and acceptance of a donation of $20,000 for trail improvements f. Appoint Kim Cashin to both the Emergency Preparedness Committee and the Wildfire Preparedness Committee
6. REGULAR AGENDA
a. Presentation and receipt of Mid-Year Budget update
b. Consideration of adopting Resolution No. 2962-2025, Establishing an Appropriations Limit for Fiscal Year 2024-25, Pursuant to Article XIIIB of the California Constitution
7. COLLEAGUE MEMORANDUM/AGENDA SETTING
None
8. 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.
9. ADJOURNMENT
The next Regular Town Council meeting will be held on March 12, 2025, at 7:00 p.m.
Land Acknowledgement:
The Town of Portola Valley acknowledges the colonial history of this land we dwell upon the unceded territory of the Ramaytush (rah-my-toosh) Ohlone, Tamien Nation, and Muwekma (mah-WEK- mah) Ohlone, who endured a human and cultural genocide that included removal from their lands and their sacred relationship to the land. Portola Valley recognizes that we profit from the commodification of land seized from indigenous peoples and now bear the ecological consequences. We seek to understand the impact of these legacies on all beings and to find ways to make repair.
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February 12, 2025
PORTOLA VALLEY TOWN COUNCIL REGULAR MEETING MINUTES – FEBRUARY 12, 2025
1. CALL TO ORDER / ROLL CALL
Mayor Hasko called the meeting to order at 7:00 p.m. Roll call was taken.
Present: Councilmembers Rebecca Flynn, Mary Hufty, Helen Wolter, Vice Mayor Craig Taylor and Mayor Judith Hasko
Absent: None
Others: Interim Town Manager Mark Linder, Assistant Town Manager Corie StockerPedalino, Town Attorney Catherine Engberg, Finance Director Anthony McFarlane, Clerk Consultant Christine Boland
2. PRESENTATIONS / PROCLAMATIONS
a. Proclamation Recognizing February 2025 as Black History Month Mayor Hasko read the Proclamation in its entirety.
3. TOWN MANAGER REPORT
Interim Town Manager Linder provided a brief update on Town business. He announced that a Mid-Year budget review would be held on February 26 by the Council as well as a Study Session on March 12 to review Council Priorities.
4. ORAL COMMUNICATIONS
The following members of the public addressed the Town Council:
• Ellen Vernazza
• Caroline Vertongen
5. CONSENT AGENDA
Vice Mayor Taylor requested to discuss Consent Agenda item 5.c. separately. Mayor Hasko invited public comment. None was received.
Vice Mayor Taylor made a motion to approve Consent Calendar items 5.a. and 5.b., seconded by Councilmember Wolter. The motion passed unanimously by roll call vote. a. Adopt Regular Meeting Minutes of January 22, 2025
b. Review and Accept Warrant List of February 12, 2025
c. Accept 2025 Town Council Brown Act Committee Roster
Vice Mayor Taylor noted that the Town has a policy of two years for Committee chairs and
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February 12, 2025
suggested that the chairs serving over two years rotate their seats beginning in 2026.
Discussion ensued regarding reaching quorums, difficulty of finding committee chairs, encouraging more residents to serve on committees, and possible consolidation of committees, due to staffing issues and the possibility of extending the policy to allow chairs to serve three years.
A motion was made by Councilmember Hufty to accept the 2025 Town Council Brown Act Committee Roster, deleting Robert Young from the Emergency Preparedness Committee, since he is no longer a Portola Valley resident. The motion was seconded by Vice Mayor Taylor and carried unanimously by roll call vote.
6. REGULAR AGENDA
a. Review of draft Town Donation Policy
Finance Director McFarlane presented a draft Donation Policy for Council discussion.
Mayor Hasko invited public comment.
Public Comment:
• Betsy Morganthaller
• Karen Vahtra
• Caroline Vertongen
The Council provided suggestions for incorporation into a final policy. b. Consideration of authorizing the Interim Town Manager to execute a contract with Baker Tilly or Wendi Brown & Creative Partners (WBCP) for Executive Search Services for the Town Manager Recruitment Process
Mayor Hasko reviewed the process that was undertaken by the subcommittee consisting of herself and Councilmember Flynn. Assistant Town Manager StockerPedalino outlined the two executive search firms that submitted proposals.
Council discussion ensued. Councilmember Flynn recommended retaining Wendi Brown Creative Partners (WBCP) in an amount not to $35,000. Mayor Hasko invited public comment. None was received.
Vice Mayor Taylor made a motion to authorize a professional services agreement with Wendi Brown Creative Partners (WBCP) in an amount not to exceed $35,000, seconded by Councilmember Wolter. The motion passed unanimously by roll call vote. c. Presentations by the Town Council Committees: Open Space and Geologic Safety Mayor Hasko invited Betsy Morgenthaler of the Open Space Acquisition Committee and Bob Wrucke of the Geologic Safety, who provided updates on their respective committee work. Mayor Hasko invited public comment.
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February 12, 2025
Public Comment
• Rita Comes Whitney
• Caroline Vertongen
Councilmembers thanked the committee chairs for their presentations and time investment.
7. COLLEAGUE MEMORANDUM/AGENDA SETTING
None.
8. COUNCIL SUBCOMMITTEE, LIAISON COMMITTEE, AND REGIONAL AGENCIES
REPORTS
Interim Town Manager Linder responded to Vice Mayor Taylor regarding following up on action items coming out of various subcommittee, liaison or regional meetings.
Vice Mayor Taylor reported on meetings with the Woodside Fire Chief and CalWater District Manager, Bear Gulch District. He also reported on an Architectural Site Control Commission (ASCC) meeting.
Councilmember Wolter reported on Emergency Preparedness, School District, and San Mateo County Transportation Authority, Bicycle/Pedestrian committee meetings.
Councilmember Hufty reported on a recent Trails and Paths Committee and Emergency Services Council meeting.
Mayor Hasko reported on attendance at a recent ASCC meeting.
Mayor Hasko invited public comment. None was received.
9. ADJOURNMENT
Mayor Hasko adjourned the meeting at 10:41 p.m.
_______________________________ _____________________________ Judith Hasko, Mayor Christine Boland, Clerk Consultant
Submitted for approval to the Town Council at its February 26, 2025 meeting.
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Tony McFarlane, Finance Director
DATE: February 26, 2025
RE: Review and Accept Warrant List
RECOMMENDATION:
1. Review and accept the following Warrant List for the month of December:
02/26/2025 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 payments by fund.
The following table lists the warrants issued as EFT/ACH payments. EFT/ACH payments are recurring payments for contributions related to retirement and deferred compensation, workers’ compensation premiums, and utilities, etc.
Date
Ending
Warrant #
Warrant 2/26/2025 4890 4934 45 277,975.84 2/27/2025 2/12/2025 4889 Attached are Warrant Lists for:
Prior Warrant List
Type of Warrant Date
Starting
Warrant #
Ending
Warrant #
Total
Warrants Amount
Warrants
Released
Fund Date Amount
General 2/26/2025 183,968.38
Gas Tax 2/26/2025 5,171.31
Customer Deposits 2/26/2025 88,836.15
Total $ 277,975.84
Payments by Fund
TOWN OF PORTOLA VALLEY
STAFF REPORT
Warrant List
February 26, 2025
The following table lists the warrants that were voided and the reason for the voided transaction.
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
Warrant No. 4896 includes 4 separate line items totaling $31,025.51. Payments are for retirement contributions and pension liability. CalPERS classifies employees in two tiers, Classic and PEPRA. Employees hired after January 1, 2013, who are new to the CalPERS system, or have had a break in service of more than six months, are considered PEPRA employees. The Town has 3 Classic and 11 PEPRA employees.
For additional information on any item disclosed in this report, please contact the Finance department directly at [email protected].
ATTACHMENTS
1. 02/26/2025 Warrant List Certification
Date Warrant # Issued to Fund Dept Purpose Amount
2/26/2025 4892 Bank of America General Various Credit Card charges $ 6,574.74 2/26/2025 4896 CalPERS General Various Jan Retirement 31,025.51 2/26/2025 4902 Missionsquare Retirement General Various Feb Deferred Compensation 2,224.50 2/26/2025 4906 Krupka Consulting Gas Tax PW Feb Engineering Services 3,756.60 2/26/2025 4909 Navia Benefit Solutions General PW Feb Employee Contribution 233.33 2/26/2025 4913 State Compensation Ins Fund General Various Mar Workers Comp 13,356.54 2/26/2025 4920 Baker Tilly General TM Interim TM recruitment 10,000.00 2/26/2025 4921 Krisch & Company General Fin Gas Tax reporting 3,113.75 2/26/2025 4924 Amazon Capital Services General Various Office Supplies 709.24 Warrants issued as ACH/EFT
Date Warrant # Issued to Fund Dept Reason Amount
1/22/2025 4819 Krupka Consulting General PW Lost in mail $ 1,891.10 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
2/26/2025 4896 CalPERS General Various January CLASSIC retirement 5,694.68 2/26/2025 4896 CalPERS General Various January PEPRA retirement 14,368.99 2/26/2025 4896 CalPERS General Various February Pension Liability - PEP 184.67 2/26/2025 4896 CalPERS General Various February Pension Liability - CLA 10,777.17 Disclosure
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
February 26, 2025
Claims totaling $277,975.84 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 02/19/2025 15:32 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 4890 39 ASCAP 446.83 02/26/254891 41 AT&T 308.50 02/26/254892 44 BANK OF AMERICA 6,574.74 02/26/25 EFTPS4893 55 BILL HAMILTON ROOFING 1,000.00 02/26/254894 73 CA LANDSCAPE CONTRACTORS ASSOC 175.00 02/26/254895 78 CALIFORNIA WATER SERVICE CO 2,929.12 02/26/254896 80 CALPERS 31,025.51 02/26/25 EFTPS4897 124 COMCAST 759.11 02/26/254898 129 COTTON SHIRES & ASSOC. INC. 9,745.65 02/26/254899 195 GOOD CITY COMPANY 66,894.25 02/26/254900 201 GRANITE ROCK COMPANY 1,414.71 02/26/254901 203 GREEN HALO SYSTEMS 114.00 02/26/254902 218 MISSIONSQUARE RETIREMENT 2,224.50 02/26/25 EFTPS4903 234 J. W. ENTERPRISES 546.88 02/26/254904 245 JEANNIE GOLDMAN 10,187.00 02/26/254905 269 KATHY WADDELL 280.00 02/26/254906 275 KRUPKA CONSULTING 3,756.60 02/26/25 ACH4907 276 KUTZMANN & ASSOCIATES 6,226.33 02/26/254908 324 MIRANDAS LANDSCAPE 4,377.27 02/26/254909 330 NAVIA BENEFIT SOLUTIONS 233.33 02/26/25 EFTPS4910 334 NOLTE ASSOCIATES INC 28,760.50 02/26/254911 403 RON RAMIES AUTOMOTIVE INC. 734.69 02/26/254912 437 SMALL BUSINESS BENEFIT PLAN TR 1,783.20 02/26/254913 448 STATE COMP INSURANCE FUND 13,356.54 02/26/25 EFTPS4914 505 WOODSIDE FIRE PROTECTION DISTR 11,306.01 02/26/254915 553 COUNTY OF SAN MATEO-PSC 18,787.75 02/26/254916 680 MILLIMAN 1,500.00 02/26/254917 744 PATTY DEWES 489.94 02/26/254918 860 STEPFORD 1,669.38 02/26/254919 864 DAILY POST 922.50 02/26/254920 1036 BAKER TILLY US, LLP 10,000.00 02/26/25 EFTPS4921 1067 KRISCH & COMPANY 3,113.75 02/26/25 ACH4922 1084 LAURA RALSTON 100.00 02/26/254923 1118 STERICYCLE, LNC. DBA SHRED-LT 119.14 02/26/254924 1152 AMAZON CAPITAL SERVICES, INC 709.24 02/26/25 EFTPS4925 1186 AT&T CORP DBA ACC BUSINESS 753.55 02/26/254926 1200 TRAFFIC PATTERNS LLC 22,110.00 02/26/254927 1204 SHUMS CODA ASSOCIATES 3,202.50 02/26/254928 1216 WIZIX TECHNOLOGY GROUP, INC. 147.57 02/26/254929 1228 THOMAS COOK 6,102.25 02/26/254930 1229 ANN WHITE 150.00 02/26/254931 1230 INDASPEC, LLC 1,000.00 02/26/254932 1231 JAMES NATHAN MACKENZIE 138.00 02/26/254933 1232 KC PAVING, INC. 1,200.00 02/26/254934 1233 WON CHOI 600.00 02/26/25
apachreg Town of Portola Valley mmagahiz 02/19/2025 15:32 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type Check totals: 206,981.63ACH totals: 6,870.35EFTPS totals: 64,123.86Wire transfer totals:Payment Manager totals:GRAND TOTALS 277,975.84Check totals: 206,981.63ACH totals: 6,870.35EFTPS totals: 64,123.86Wire transfer totals:Payment Manager totals:GRAND TOTALS 277,975.84
.
apapdinv2 mmagahiz Town of Portola Valley Page 1
15:32 02/19/25 Paid Invoices by Date
From: 02/26/2025 to 02/26/2025
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 39 ASCAP
02/26/25 4890 Music License 2025 446.83 446.83 2025 LICENSEFEE Vendor: 41 AT&T
4891 January Statement 308.50 61.91 000022990625
January Statement 184.68 000022990626January Statement 61.91 000022990627 Vendor: 44 BANK OF AMERICA
4892 January Credit Card Statement 6,574.74 6,574.74 1388-JAN25 Vendor: 55 BILL HAMILTON ROOFING
4893 Deposit Refund, 2 Fremonita St 1,000.00 1,000.00 BLDR0177-2025 Vendor: 73 CA LANDSCAPE CONTRACTORS ASSOC
4894 FY2025-2026 CLCA Dues, J. Bixby 175.00 175.00 FY25-26_DUES Vendor: 78 CALIFORNIA WATER SERVICE CO
4895 Water Service 1/14/25 - 2/11/25 2,929.12 2,929.12 JAN-2025 Vendor: 80 CALPERS
4896 January Retirement- CLASSIC 31,025.51 5,694.68 100000017769331 January Retirement- PEPRA 14,368.99 100000017769356February UAL CLASSIC 10,777.17 100000017814804January UAL PEPRA 184.67 100000017814716 Vendor: 124 COMCAST
4897 WIFI-2.21.2025-3.20.2025 759.11 242.67 1945-MAR25
WIFI-2.16.2025-3.15.2025 516.44 7290-FEB25
Vendor: 129 COTTON SHIRES & ASSOC. INC.
4898 January 25 Applicant Charges 9,745.65 9,745.65 2025-JAN Vendor: 195 GOOD CITY COMPANY
4899 Planning Consultant Services - January 2025 66,894.25 66,894.25 3979 Vendor: 201 GRANITE ROCK COMPANY
4900 Road Surface Materials 1,414.71 1,414.71 2206818
Vendor: 203 GREEN HALO SYSTEMS
4901 Feb Hosting & Access 114.00 114.00 5506
Vendor: 218 MISSIONSQUARE RETIREMENT
4902 Deferred Comp - February 15, 2025 2,224.50 2,224.50 FEB-202515
.
apapdinv2 mmagahiz Town of Portola Valley Page 2
15:32 02/19/25 Paid Invoices by Date
From: 02/26/2025 to 02/26/2025
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 234 J. W. ENTERPRISES
4903 Handicap Unit Rental & Services 546.88 315.44 264423 Handicap Unit Rental & Services 231.44 264424
Vendor: 245 JEANNIE GOLDMAN
4904 WINTER 2025 Classes 10,187.00 10,187.00 WINTER-2025 Vendor: 269 KATHY WADDELL
4905 WINTER 2025 Classes 280.00 280.00 WINTER-2025.2
Vendor: 275 KRUPKA CONSULTING
4906 Traffic Planning 3,756.60 1,891.10 1435.2
Traffic Planning 1,865.50 1443
Vendor: 276 KUTZMANN & ASSOCIATES
4907 January Plan Checks 6,226.33 6,226.33 1258604
Vendor: 324 MIRANDAS LANDSCAPE
4908 Ford Field Turf Work Landscape Services 4,377.27 4,377.27 1489 Vendor: 330 NAVIA BENEFIT SOLUTIONS
4909 Navia Benefit 02/15/2025 233.33 233.33 02152025
Vendor: 334 NOLTE ASSOCIATES INC
4910 Nov-Dec 24 Applicant Charges & PW Support 28,760.50 28,760.50 NOV-DEC-2024 Vendor: 403 RON RAMIES AUTOMOTIVE INC.
4911 Jan Fuel Statement 734.69 279.43 G20250131-2
Vehicle Maintenance 455.26 79639
Vendor: 437 SMALL BUSINESS BENEFIT PLAN TR
4912 Dental/Vision 1,783.20 1,783.20 MAR-2025
Vendor: 448 STATE COMP INSURANCE FUND
4913 Premium 2/06/2025-3/06/2025 13,356.54 1,738.00 1002558368 Mandatory Surcharges Premium 2/08/2025 11,618.54 1002788768 Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
4914 1/01/25-1/31/25 Fire Mitigation Crew Support 11,306.01 11,306.01 WFPDCREW-202501 Vendor: 553 COUNTY OF SAN MATEO-PSC
4915 Public Safety Dispatch Svcs, Jan-Mar 2025 18,787.75 18,787.75 PVPD 25-03 Vendor: 680 MILLIMAN
.
apapdinv2 mmagahiz Town of Portola Valley Page 3
15:32 02/19/25 Paid Invoices by Date
From: 02/26/2025 to 02/26/2025
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
02/26/25 4916 GASB 75 Offline Reporting 1,500.00 1,500.00 137GSB072958004 Vendor: 744 PATTY DEWES
4917 Annual Fees Skedda Crt Rsvp Sys Reimbursement 489.94 489.94 FRRC-25-1 Vendor: 860 STEPFORD
4918 Sophos Central Intercept X Adv 2/14/25-2/13/26 1,669.38 1,669.38 2501656 Vendor: 864 DAILY POST
4919 Advertisement- Jan 922.50 427.50 91341
Advertisement- Jan 495.00 91342
Vendor: 1036 BAKER TILLY US, LLP
4920 Placement fee for Interim Town Manager 10,000.00 10,000.00 BT3033135 Vendor: 1067 KRISCH & COMPANY
4921 Professional Services - January 2025 3,113.75 3,113.75 55355 Vendor: 1084 LAURA RALSTON
4922 Deposit Refund - Picnic Table 100.00 100.00 PROF-25-4 Vendor: 1118 STERICYCLE, LNC. DBA SHRED-LT
4923 Paper Shredding Services 119.14 119.14 8009729942
Vendor: 1152 AMAZON CAPITAL SERVICES, INC
4924 Office Supplies - Feb 18 25 709.24 10.39 1P3T-KXCT-MFJR Office Supplies - Feb 3 25 20.09 1WML-4GVW-3XHHOffice Supplies - Feb 10 25 16.35 1YWH-9KRG-746FOffice Supplies - Feb 13 25 93.45 13JL-DNQD-JH6YOffice Supplies - Feb 11 25 28.65 13QG-1YT1-3RGYOffice Supplies - Feb 13 25 529.92 14C4-HXYR-DFG9Office Supplies - Feb 14 25 10.39 19N7-3G7M-NVT9 Vendor: 1186 AT&T CORP DBA ACC BUSINESS
4925 ACC Division of AT&T Ethernet/Internet Access 753.55 753.55 242923692 Vendor: 1200 TRAFFIC PATTERNS LLC
4926 Staff Augmentation Support 22,110.00 5,280.00 2024-553 Staff Augmentation Support 14,960.00 2024-556Staff Augmentation Support 1,870.00 2025-502 Vendor: 1204 SHUMS CODA ASSOCIATES
4927 Sr Permit Tech Services provided by SCA for January 3,202.50 3,202.50 10717
.
apapdinv2 mmagahiz Town of Portola Valley Page 4
15:32 02/19/25 Paid Invoices by Date
From: 02/26/2025 to 02/26/2025
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 1216 WIZIX TECHNOLOGY GROUP, INC.
4928 Printer 147.57 147.57 459022
Vendor: 1228 THOMAS COOK
4929 Deposit Refund - 501 Wayside Rd 6,102.25 6,102.25 BLDR0052-2023 Vendor: 1229 ANN WHITE
4930 Class Refund Withdrawl 150.00 150.00 038701805
Vendor: 1230 INDASPEC, LLC
4931 Deposit Refund - 8 Buck Meadow Dr 1,000.00 1,000.00 BLSP0027-2024 Vendor: 1231 JAMES NATHAN MACKENZIE
4932 Business License Refund 138.00 138.00 BL-25-36
Vendor: 1232 KC PAVING, INC.
4933 Deposit Refund - 360 Cervantes Rd 1,200.00 1,200.00 PW0034-2024 Vendor: 1233 WON CHOI
4934 Deposit Refund - Community Hall/Kitchen 600.00 600.00 PRCH-24-43 Check Date Totals 277,975.84
Grand Total 277,975.84
apackfnd2 Town of Portola Valley mmagahiz 02/19/2025 15:33 Page 1 Checks by Fund - 02/26/25 to 02/26/25
Vendor Name Account Invoice Invoice Amount Check Check
Compressed Description Number Date
Formatted
Fund 101 Dept Balance SheetCALPERS 101-21032-000 January Retirement- 5,694.68 4896 02/26/25
CLASSIC
CALPERS 101-21032-000 January Retirement- 14,368.99 4896 02/26/25 PEPRA
JAMES NATHAN MACKENZIE 101-21098-000 Business License .40 4932 02/26/25 Refund
LAURA RALSTON 101-21052-000 Deposit Refund - 100.00 4922 02/26/25 Picnic TableMISSIONSQUARE RETIREMENT 101-21036-000 Deferred Comp - 2,224.50 4902 02/26/25 February 15, 2025
NAVIA BENEFIT SOLUTIONS 101-21033-000 Navia Benefit 233.33 4909 02/26/25 02/15/2025
WON CHOI 101-21051-000 Deposit Refund - 600.00 4934 02/26/25 Community Hall/Kitchen --------------
Fund 101 Dept Total 23,221.90
Fund 101 Dept 115 Town CommitteesPATTY DEWES 101-63208-115 Annual Fees Skedda 489.94 4917 02/26/25 Crt Rsvp Sys Reimbursement
--------------
Fund 101 Dept 115 Total 489.94
Fund 101 Dept 120 Town ManagerCALPERS 101-55011-120 January UAL PEPRA 184.67 4896 02/26/25CALPERS 101-55011-120 February UAL CLASSI 10,777.17 4896 02/26/25SMALL BUSINESS BENEFIT PLAN TR 101-55024-120 Dental/Vision 1,783.20 4912 02/26/25STATE COMP INSURANCE FUND 101-55033-120 Premium 1,738.00 4913 02/26/25 2/06/2025-3/06/2025
STATE COMP INSURANCE FUND 101-55033-120 Mandatory 11,618.54 4913 02/26/25 Surcharges Premium 2/08/2025
--------------
Fund 101 Dept 120 Total 26,101.58
Fund 101 Dept 140 FinanceBANK OF AMERICA 101-65014-140 January Credit Card 150.00 4892 02/26/25 Statement
KRISCH & COMPANY 101-62099-140 Professional 3,113.75 4921 02/26/25
apackfnd2 Town of Portola Valley mmagahiz 02/19/2025 15:33 Page 2 Checks by Fund - 02/26/25 to 02/26/25
Vendor Name Account Invoice Invoice Amount Check Check
Compressed Description Number Date
Formatted
Services - January2025
MILLIMAN 101-62031-140 GASB 75 Offline 1,500.00 4916 02/26/25 Reporting
--------------
Fund 101 Dept 140 Total 4,763.75
Fund 101 Dept 220 Fire ServicesWOODSIDE FIRE PROTECTION DISTR 101-62047-220 1/01/25-1/31/25 11,306.01 4914 02/26/25 Fire MitigationCrew Support
--------------
Fund 101 Dept 220 Total 11,306.01
Fund 101 Dept 230 Dispatch ServicesCOUNTY OF SAN MATEO-PSC 101-62203-230 Public Safety 18,787.75 4915 02/26/25 Dispatch Svcs, Jan-Mar 2025
--------------
Fund 101 Dept 230 Total 18,787.75
Fund 101 Dept 310 Planning DivisionGOOD CITY COMPANY 101-62039-310 Planning Consultant 25,307.50 4899 02/26/25 Services - January 2025
SHUMS CODA ASSOCIATES 101-62099-310 Sr Permit Tech 1,601.25 4927 02/26/25 Services providedby SCA for January
--------------
Fund 101 Dept 310 Total 26,908.75
Fund 101 Dept 320 Building DivisionGREEN HALO SYSTEMS 101-62305-320 Feb Hosting & Acces 114.00 4901 02/26/25JAMES NATHAN MACKENZIE 101-43045-320 Business License 3.60 4932 02/26/25 Refund
KUTZMANN & ASSOCIATES 101-62042-320 January Plan Checks 6,226.33 4907 02/26/25SHUMS CODA ASSOCIATES 101-62099-320 Sr Permit Tech 1,601.25 4927 02/26/25 Services providedby SCA for January
--------------
Fund 101 Dept 320 Total 7,945.18
apackfnd2 Town of Portola Valley mmagahiz 02/19/2025 15:33 Page 3 Checks by Fund - 02/26/25 to 02/26/25
Vendor Name Account Invoice Invoice Amount Check Check
Compressed Description Number Date
Formatted
Fund 101 Dept 410 Community HallANN WHITE 101-63013-410 Class Refund 150.00 4930 02/26/25 Withdrawl
JEANNIE GOLDMAN 101-63013-410 WINTER 2025 Classes 10,187.00 4904 02/26/25KATHY WADDELL 101-63013-410 WINTER 2025 Classes 280.00 4905 02/26/25 --------------
Fund 101 Dept 410 Total 10,617.00
Fund 101 Dept 420 Field RentalsJ. W. ENTERPRISES 101-61056-420 Handicap Unit 315.44 4903 02/26/25 Rental & Services J. W. ENTERPRISES 101-61056-420 Handicap Unit 231.44 4903 02/26/25 Rental & ServicesMIRANDAS LANDSCAPE 101-61055-420 Ford Field Turf 4,377.27 4908 02/26/25 Work Landscape Services
--------------
Fund 101 Dept 420 Total 4,924.15
Fund 101 Dept 510 Public WorksBANK OF AMERICA 101-62011-510 January Credit Card 488.21 4892 02/26/25 Statement
CA LANDSCAPE CONTRACTORS ASSOC 101-65014-510 FY2025-2026 CLCA 175.00 4894 02/26/25 Dues, J. Bixby
NOLTE ASSOCIATES INC 101-62037-510 Nov-Dec 24 559.00 4910 02/26/25 Applicant Charges &PW Support
RON RAMIES AUTOMOTIVE INC. 101-61081-510 Vehicle Maintenance 455.26 4911 02/26/25RON RAMIES AUTOMOTIVE INC. 101-61081-510 Jan Fuel Statement 279.43 4911 02/26/25TRAFFIC PATTERNS LLC 101-62099-510 Staff Augmentation 5,280.00 4926 02/26/25 Support
TRAFFIC PATTERNS LLC 101-62099-510 Staff Augmentation 14,960.00 4926 02/26/25 Support
TRAFFIC PATTERNS LLC 101-62099-510 Staff Augmentation 1,870.00 4926 02/26/25 Support
--------------
Fund 101 Dept 510 Total 24,066.90
Fund 101 Dept 610 Non-DepartmentalAMAZON CAPITAL SERVICES, INC 101-62301-610 Office Supplies - 93.45 4924 02/26/25 Feb 13 25
AMAZON CAPITAL SERVICES, INC 101-62301-610 Office Supplies - 28.65 4924 02/26/25
apackfnd2 Town of Portola Valley mmagahiz 02/19/2025 15:33 Page 4 Checks by Fund - 02/26/25 to 02/26/25
Vendor Name Account Invoice Invoice Amount Check Check
Compressed Description Number Date
Formatted
Feb 11 25
AMAZON CAPITAL SERVICES, INC 101-62301-610 Office Supplies - 529.92 4924 02/26/25 Feb 13 25
AMAZON CAPITAL SERVICES, INC 101-62301-610 Office Supplies - 10.39 4924 02/26/25 Feb 14 25
AMAZON CAPITAL SERVICES, INC 101-62301-610 Office Supplies - 10.39 4924 02/26/25 Feb 18 25
AMAZON CAPITAL SERVICES, INC 101-62301-610 Office Supplies - 20.09 4924 02/26/25 Feb 3 25
AMAZON CAPITAL SERVICES, INC 101-62301-610 Office Supplies - 16.35 4924 02/26/25 Feb 10 25
ASCAP 101-62305-610 Music License 2025 446.83 4890 02/26/25 AT&T 101-62021-610 January Statement 61.91 4891 02/26/25 AT&T 101-62021-610 January Statement 184.68 4891 02/26/25AT&T 101-62021-610 January Statement 61.91 4891 02/26/25AT&T CORP DBA ACC BUSINESS 101-62021-610 ACC Division of 753.55 4925 02/26/25 AT&TEthernet/InternetAccess
BAKER TILLY US, LLP 101-62309-610 Placement fee for 10,000.00 4920 02/26/25 Interim Town Manager
BANK OF AMERICA 101-62305-610 January Credit Card 5,216.95 4892 02/26/25 Statement
101-62301-610 328.00 4892 02/26/25101-62399-610 391.58 4892 02/26/25 CALIFORNIA WATER SERVICE CO 101-62022-610 Water Service 520.16 4895 02/26/25 1/14/25 - 2/11/25
101-62022-610 400.74 4895 02/26/25
101-62022-610 386.32 4895 02/26/25101-62022-610 124.94 4895 02/26/25101-62022-610 1,379.87 4895 02/26/25 101-62022-610 70.26 4895 02/26/25101-62022-610 46.83 4895 02/26/25 COMCAST 101-62021-610 WIFI-2.21.2025-3.20 242.67 4897 02/26/25 2025
COMCAST 101-62021-610 WIFI-2.16.2025-3.15 516.44 4897 02/26/25 2025
DAILY POST 101-62309-610 Advertisement- Jan 427.50 4919 02/26/25DAILY POST 101-62309-610 Advertisement- Jan 495.00 4919 02/26/25JAMES NATHAN MACKENZIE 101-41411-610 Business License 134.00 4932 02/26/25 Refund
STEPFORD 101-62046-610 Sophos Central 1,669.38 4918 02/26/25 Intercept X Adv2/14/25-2/13/26
STERICYCLE, LNC. DBA SHRED-LT 101-62301-610 Paper Shredding 119.14 4923 02/26/25 ServicesWIZIX TECHNOLOGY GROUP, INC. 101-62301-610 Printer 147.57 4928 02/26/25 --------------
Fund 101 Dept 610 Total 24,835.47
apackfnd2 Town of Portola Valley mmagahiz 02/19/2025 15:33 Page 5 Checks by Fund - 02/26/25 to 02/26/25
Vendor Name Account Invoice Invoice Amount Check Check
Compressed Description Number Date
Formatted
--------------
Fund 101 Total 183,968.38
Fund 206 Dept 510 Public WorksGRANITE ROCK COMPANY 206-61011-510 Road Surface 1,414.71 4900 02/26/25 Materials
KRUPKA CONSULTING 206-62037-510 Traffic Planning 1,891.10 4906 02/26/25KRUPKA CONSULTING 206-62037-510 Traffic Planning 1,865.50 4906 02/26/25 --------------
Fund 206 Dept 510 Total 5,171.31
--------------
Fund 206 Total 5,171.31
Fund 701 Dept 340 Customer DepositsBILL HAMILTON ROOFING 701-62325-340 Deposit Refund, 2 1,000.00 4893 02/26/25 Fremonita StCOTTON SHIRES & ASSOC. INC. 701-62036-340 January 25 9,745.65 4898 02/26/25 Applicant Charges GOOD CITY COMPANY 701-62041-340 Planning Consultant 41,586.75 4899 02/26/25 Services - January 2025
INDASPEC, LLC 701-62325-340 Deposit Refund - 8 1,000.00 4931 02/26/25 Buck Meadow Dr
KC PAVING, INC. 701-63012-340 Deposit Refund - 1,200.00 4933 02/26/25 360 Cervantes Rd
NOLTE ASSOCIATES INC 701-62038-340 Nov-Dec 24 28,201.50 4910 02/26/25 Applicant Charges &PW Support
THOMAS COOK 701-63012-340 Deposit Refund - 6,102.25 4929 02/26/25 501 Wayside Rd --------------
Fund 701 Dept 340 Total 88,836.15
--------------
Fund 701 Total 88,836.15
--------------
**** Grand Total 277,975.84
* * * End of Report * * *
TOWN OF PORTOLA VALLEY
STAFF REPORT
____________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Corie Stocker-Pedalino, Assistant Town Manager
Mark Linder, Interim Town Manager
DATE: February 26, 2025
RE: Updated Emergency Services Council Joint Powers Agreement
RECOMMENDATION
Staff recommends that the Town Council approve the Second Revised and Restated Joint Powers Agreement with the San Mateo Operational Area Emergency Services Council.
BACKGROUND/DISCUSSION
The San Mateo Operational Area Emergency Services Council (ESC) brings together local governments, special districts, and other entities to coordinate emergency planning and response, including for hazardous materials. This council engages in planning with respect to all phases of the emergency management cycle: prevention, protection, response, recovery, and mitigation efforts, while also maintaining key public information systems like SMC Alert.
The ESC last revised and restated the Joint Exercise of the Powers Agreement (“Agreement”) on October 17, 2014. Since the Agreement is updated as needed, it has become outdated following significant changes within the Department of Emergency Management (DEM), which now operates as a standalone agency separate from the Sheriff’s Office.
To accurately reflect the current responsibilities of the DEM and the ESC, the ESC unanimously approved the changes to the JPA. The Town of Portola Valley partners with ESC and DEM to receive services such as Hazmat Responses, Emergency Alert and Warning, and Training and Exercises for the whole Operational Area.
Key changes to the Agreement, include:
• Standardizing nomenclature;
• Updating agreement language; and
Updated Emergency Services Council Joint Powers Agreement February 26, 2025
• Clarifying and defining the roles of the ESC, the ESC Finance Committee, and the DEM.
The most recent revision was made to section 1.04 of the ESC-JPA MOU approved by the ESC on September 19, 2024, as per the suggestions from the SMC Fire Chiefs Association and SMC Police Chiefs Association.
Old Language Section 1.04
The DEM will establish standards for
emergency management practices
within the SMC OA, which Member
Agencies in the Organization will follow.
New Language Section 1.04
The DEM will establish standards for emergency
management practices within the SMC OA. Member
Agencies will take those standards into consideration
and implement them as they see fit within their
respective jurisdictions.
To ensure that Portola Valley continues to receive these services, the Town must adopt the updated JPA. Each Town/City within San Mateo County is bringing this item forward for their Council’s adoption.
FISCAL IMPACT
There is no fiscal impact associated with this action. Adoption ensures the Town will continue to benefit and collaborate with coordinated emergency response.
September 19, 2024 1
Second Revised and Restated
Joint Exercise of Powers Agreement
San Mateo County Operational Area Emergency Services Organization THIS JOINT POWERS AGREEMENT (“Agreement”) is made as of the Effective Date by and between the public entities set forth below, creating the San Mateo County Operational Area Emergency Services Organization Authority (“Organization”), also known as the Emergency Services Council (“ESC”).
Each public entity executing this Agreement shall be referred to individually as a “Member Agency,” with all referred to collectively as “Member Agencies.”
RECITALS
Whereas Member Agencies have established a unified emergency services organization by forming the Organization; and
Whereas the Member Agencies agree that the purpose of this Organization will be to operate pursuant to Presidential Policy Directive 5 (PPD-5), the National Response Framework, National Incident Management System (NIMS), Presidential Policy Directive 8 (PPD-8), the National Preparedness Goal (NPG) and California’s Standardized Emergency Management System (SEMS) and local adopted Emergency Operations Plans (EOPs) and Annexes.
Whereas the Member Agencies agree that the participants within this Organization may include all local governments within the geographic area of San Mateo County (SMC), special districts, unincorporated areas, and participating non-governmental entities; and Whereas the Member Agencies agree that the goal of the Organization is to provide coordinated plans for the protection of persons and property based on the phases of emergency management; and
Whereas the Member Agencies have the authority to enter into this Agreement under the Joint Exercise of Powers Act (“JPA Act”), California Government Code Section 6500 et seq.
NOW, THEREFORE, in consideration of the recitals and mutual obligations of the Member Agencies as herein contained, the Member Agencies agree as follows:
Article I - GENERAL PROVISIONS
1.01 Purpose
This Agreement creates an entity to exercise the powers shared in common by the Member Agencies to engage in San Mateo County Operational Area (SMC OA) cooperative planning with respect to all phases of the emergency management cycle: preparedness, mitigation, response, and recovery.
Such purposes are to be accomplished and the Members Agencies’ common powers exercised as set forth in this Agreement.
September 19, 2024 2
1.02 Creation of Authority
Pursuant to the JPA Act, the Member Agencies hereby reaffirm the creation of an entity to be known as the Organization or ESC. The Organization will be comprised of Member Agencies. The Organization shall be a public entity separate and apart from the Member Agencies. The geographic jurisdiction of the Organization is all territory within the geographic boundaries of the Member Agencies; however, the Organization may undertake any action outside those geographic boundaries as is necessary and incidental to accomplishing its purpose.
1.03 Membership in the Organization
Membership in the Organization is limited to public entities, as defined by the JPA Act, located or operating within SMC that have approved and executed this Agreement, and contributed resources of any kind toward establishing and supporting the Organization (including, but not limited to financial, personnel, equipment, or other resources) as approved by the ESC.
1.04 Participating Members/Partners in the Organization The DEM will establish standards for emergency management practices within the SMC OA.
Member Agencies will take those standards into consideration and implement them as they see fit within their respective jurisdictions.
Participation in the Organization is intended to ensure cooperative emergency planning and response; all participating Member Agencies and partners are expected to attend all regular and special meetings of the ESC, encourage active participation by their jurisdictions in the development of plans and training programs, drills, exercises and training opportunities, and otherwise assist in supporting the implementation of this Agreement.
1.05 Powers of the Organization
The Organization may purchase, lease, own and/or dispose of property and equipment and enter into contract(s), as required to satisfy the purposes of this Agreement. The Organization may employ agents and/or employees, operate works and improvements, sue and be sued in its own name, and invest surplus funds.
Article II – GOVERNANCE
2.01 Composition of the Organization
The Organization shall be administered by the ESC consisting of the following members:
a) The Chair of the Organization shall be a representative from the Board of Supervisors. The Chair of the Organization shall be appointed by the President of the Board of Supervisors. b) The mayor of each city or town in the County, or the mayor's designated representative, with the understanding that any representative shall be member of the City Council of the city whose mayor they are representing.
c) A Vice-Chair shall be selected by the ESC.
2.02 General Purpose of the Organization
The general purpose of the Organization is to:
a) Provide structure for administrative and fiscal policies and procedures;
September 19, 2024 3
b) Identify and pursue funding sources;
c) Set policy;
d) Maximize the utilization of available resources; and e) Oversee all committee activities.
2.03 Specific Responsibilities of the ESC
The specific responsibilities of the ESC shall be as follows:
a) To review and recommend adoption by the Board of Supervisors and City Councils of each City, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements, in addition to the basic agreements as deemed necessary to carry out the purpose of the Organization.
b) To approve an annual budget in an amount necessary to carry out the purposes of the Organization. Upon review and approval of the annual budget by the ESC, each Member Agency shall recommend the budget to the governing body of the Member Agency to secure from each the appropriation consistent with each Member Agency’s identified allocation (via Budget Sheets.)
c) Each Member Agency’s Executive Officer shall identify and designate at the beginning of each fiscal year, a local coordinator for regular participation in the San Mateo County Emergency Managers Association (SMC EMA) and work alongside the DEM. Should the identified Coordinator change at any time during the year, the Member Agency shall advise the DEM within 30 days.
d) If a Member Agency participates in a contract relationship for the provision of emergency services, it is still required to name a local emergency coordinator to the EMA who will assure the continuity of communication between the Member Agency, the DEM and the Organization.
2.04 Meetings of the Organization.
a) Regular Meetings: The ESC shall approve a schedule for its regular meetings provided, however, the ESC shall hold at least four meetings in one calendar year. The ESC shall fix the date, hour, and location of regular meetings by resolution and the Secretary shall transmit a copy of the resolution to each Member Agency at the first meeting of the fiscal year. By the approval of the Chair, Vice Chair, or the Department of Emergency Management Director (“DEM Director”), meetings can be canceled due to extenuating circumstances, which may include, but are not limited to, a lack of agenda items. b) Agenda Setting - The agenda shall be set by the Chair, Vice Chair, and the DEM Director. c) Special Meetings: Special meetings of the ESC may be called by the Chair, a majority of the ESC or the DEM Director. Special meetings will be held in accordance with the Ralph M. Brown Act (“Brown Act”), California Government Code section 54950 et seq. d) Call, Notice and Conduct of Meetings: All meetings of the legislative body of the ESC shall be noticed and held in accordance with the provisions of the Brown Act. As soon as practicable, but no later than the time of posting, the Secretary shall provide notice and the agenda to each Member Agency. Any Member Agency may request that an item be considered for placement on the Agenda by submitting the request to the DEM Director. e) Meetings of the ESC shall be conducted by the Vice-Chair in the absence of the Chairperson.
September 19, 2024 4
In the absence of both Chair and Vice-Chair, the meeting shall be chaired by a member of the ESC selected by a majority vote of the ESC.
2.05 Minutes
The Secretary of the Organization shall cause to be kept a digital recording of each meeting, which shall be posted on the DEM Website. The Secretary will create brief summary written minutes for approval by the ESC. Once the minutes have been approved by the ESC, the minutes will be posted on the DEM website.
2.06 Voting
All power of the Organization shall reside with the ESC. Each Member Agency shall have one vote.
A Member Agency’s alternate representative may participate and vote in the proceedings of the ESC only in the absence of that Member Agency’s regular representative. No absentee ballot is permitted.
2.07 Quorum; Required Votes; Approvals
A quorum of the ESC is a majority of the representatives of the Member Agencies of the Organization. If the number of Member Agencies is an even number, a majority is fifty percent of the Member Agencies, plus one. The ESC may not take any substantive action without a majority of the Member Agencies voting to take that action. Action on non-substantive procedural matters may be taken by a majority of a quorum.
Article III – PARTICIPATING PARTNERS, EMPLOYEES AND ADVISORY
COMMITTEES
3.01 Treasurer
The Treasurer of the County of San Mateo shall be the Treasurer of the Organization. The Treasurer shall be the depository, shall have custody of the accounts, funds and money of the Organization from whatever source, and shall have the duties and obligations set forth in the JPA Act.
3.02 Auditor and Financial Accountability
Although the Organization is a JPA the State Controller's Office (SCO) has determined that the Organization meets the criteria of a special district for financial reporting purposes under Government Code section 12463, subdivision (d)(2).
Government Code section 53891 requires the Organization to furnish to the SCO a report of all the financial transactions of the Organization during the preceding fiscal year. The report shall contain underlying data from audited financial statements prepared in accordance with generally accepted accounting principles, if this data is available. The report shall be furnished within seven months after the close of each fiscal year or within the time prescribed by the SCO, whichever is later, and shall be in the form and manner required by the SCO. The Organization shall submit to the SCO information on annual compensation, as described in subdivision (l) of Section 53892, for the previous calendar year no later than April 30th.
Pursuant to Government Code section 12464, if the reports are not completed in the time, form, and manner required or there is reason to believe that a report is false, incomplete, or incorrect, the
September 19, 2024 5
SCO is authorized to proceed with an investigation to obtain the information required. Any costs incurred by the SCO shall be borne by the Organization.
Government Code section 26909 also requires that an audit be completed and filed with the SCO within 12 months after the close of the fiscal year under examination. Unless the ESC votes to appoint an independent auditor, audits will be conducted in accordance with existing County policy, and by the auditor selected by the Office of the County Executive or the Controller. In the event that the ESC selects an independent auditor, the full cost of the audit will be the responsibility of the Organization. The Auditor shall perform the functions of auditor for the Organization and shall make or cause an independent annual audit of the accounts and records of the Organization by a certified public accountant, in compliance with the requirements of applicable laws and generally accepted auditing standards.
3.03 Legal Counsel
The SMC Attorney’s Office shall be the legal counsel for the Organization. To the extent permitted by the JPA Act, the Organization may change, by resolution, the legal counsel to the Organization.
The full cost of outside legal counsel will be the responsibility of the Organization.
3.04 Secretary to the Organization
The DEM shall provide a Secretary and administrative support to the Organization.
3.05 Contractors
The Organization shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary to carry out the purposes of the Organization. The Organization will be responsible for any/all incurred costs.
3.06 Committees
The Organization may form and dissolve Committees as determined by the ESC.
3.07 Department of Emergency Management
The DEM is responsible for the on-going operation of the SMC OA and is also responsible for achieving the purposes of the Organization as follows:
a) Emergency Response Support - coordination and planning during any regional emergency in accordance with adopted emergency plans.
b) Emergency Plans - preparation, development, coordination, and integration of compatible and complimentary unified area-wide emergency plans for approval by the State of California and adoption by the ESC.
c) Communications - coordination, development and maintenance of an area-wide emergency communications systems, including public alert and warning systems, and other situational awareness tools. The DEM may host SMC OA communication infrastructure such as system-wide applications or platforms.
d) Public Education and Information - coordination and support of an area-wide public education and information program.
e) Training and Exercise - coordination and assistance in the training and exercising of all County employees identified as Disaster Service Workers, as defined by Sect. 3100 of the California Government Code and volunteers. The Member Agencies will be responsible for
September 19, 2024 6
the training and exercise of their identified employees; however, the DEM will provide needed support as requested.
f) Grant Program Administration - coordination and assistance with designated emergency coordinators within the OA in the securing and distribution of grant funds for regional emergency management initiatives and program support. The DEM Director will serve as the representative of Member Agencies with various grants and their approval authorities, including the State Homeland Security Program and Bay Area Urban Areas Security Initiative.
g) General Administration - coordination and assistance in the procurement and inventory of emergency equipment, management of, maintenance and distribution of area-wide inventories of vital supplies and equipment.
h) Function as a liaison with Cal OES and FEMA. Assist in providing guidance in recovery efforts.
i) Resource Management – allocation and coordination of resources during local emergencies.
Local governments will request resources through the logistics section at the SMC OA EOC.
The DEM will escalate resource requests to the state if unable to be fulfilled locally. j) Regional Hazardous Material Emergency Response Program – The DEM will oversee the contract for hazardous material response in the SMC OA.
3.08 Staffing Reimbursement
The DEM is staffed by employees of the County of San Mateo. The DEM supports the purposes of the Organization. A portion of the cost of DEM staff is reimbursed by the Organization in an amount determined by the funding allocation in this Agreement.
3.09 Property
If the Organization acquires title to property, the DEM Director will have charge of, handle, or have access to the property of the Organization, and shall file an official bond in an amount to be fixed by the contracting parties, pursuant to Section 6505.1 of the Government Code.
Article IV – BUDGET AND COST-SHARING
In consideration of the mutual promises herein contained, it is hereby agreed that the cost of maintaining the Organization will be shared as described below. a) From the total amount of the annual budget there shall be deducted estimated revenue from federal “matching funds,” state grants, and other revenues. b) The balance of the annual budget remaining after anticipated revenues have been deducted shall be paid as follows:
1. The county shall pay 50% of the remaining balance.
2. The cities shall pay the remaining 50% of the balance, apportioned in accordance with the following formula:
i. One half of said 50% to be apportioned by people units or population. a) Total population of all member cities divided into one-half of the total of the cities’ share of the budget equals a factor in cents. b) Population of each member city times the factor in cents equals the share for each city.
ii. The remaining one-half of said 50% to be apportioned on the basis of assessed valuation as follows:
September 19, 2024 7
a) Total assessed value of real and personal property in all member cities divided into one-half of the total of the city’s share of the budget equals a factor in mils.
b) Assessed value of real and personal property of each member city times the factor in mils equals the share for each city. c) For the purpose of this Agreement the total assessed valuation of real and personal property in all Member Agencies shall be the most recent such total maintained by the offices of the County Assessor.
d) The population figures will be based on the Census and will be updated at a minimum of every ten years.
e) It is understood and agreed that the financial obligations incurred by the Member Agencies under the provisions of this Agreement will be incurred annually, subject to the limitation that the county and cities are financially able to make funds available. f) If the Member Agencies representing 25% or more of the county’s population do not approve the budget in any fiscal year, the proposed budget will be referred back to the DEM Director and the Finance Committee for revision and recommendation. If no resolution can be reached by the committee, the Member Agencies may proceed to adopt budgets that provide those services they deem necessary for adequate emergency services protection as a whole, but any Member Agency shall be financially responsible for that portion of the budget unilaterally adopted. Any Member Agency that does not meet its financial commitment under the adopted budget will lose its voting status and/or other such privileges of membership as determined by the ESC.
g) It is further agreed that any excess in federal or state funds, in any year, shall be reviewed by a finance committee, who will then make a recommendation to the ESC, as to the disposition of the excess funds.
h) With respect any Member Agency that is not a City or the County, the amount to be contributed is determined by a negotiation between those Member Agencies and the DEM Director and must be approved by the ESC. A letter memorializing the agreed contribution will be an attachment to this Agreement.
i) The Finance Committee will be a standing committee of the ESC and is responsible for administrative and financial recommendations to the ESC. The Finance Committee will consist of the following members: SMC Supervisor (Chair of the ESC), Vice Chair, and representatives chosen by the ESC to be limited to five members. j) The Organization shall maintain a minimum of $500,000 in the Trust Fund with a maximum of $1,500,000. This policy can be reviewed and updated with a majority vote from the ESC.
Article V - INSURANCE
a) The County shall add the Organization and ESC to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of the Agreement. Member Agencies understand that the County is partially self-insured. Unless the Organization decides otherwise, County shall provide for the defense of any claims or litigation within the self-insured retention. Legal representation by the County will ordinarily be provided by the County Attorney.
b) Any out-of-pocket expense or loss, by way of judgment or settlement, arising out of the operation of this Agreement, within the limits of the County’s self-insured retention shall be shared by the parties in accordance with the formula as described in Article IV (b).
September 19, 2024 8
Article VI - EFFECTIVENESS
This Agreement shall be effective upon its execution by all Member Agencies. It is effective as to new Member Agencies upon adoption and approval by the ESC and by the new Member Agency’s governing body. This Agreement shall continue in effect until terminated as provided herein.
Article VII – TERM AND TERMINATION
7.01 Withdrawal by Members
a) Any Member Agency may withdraw from this Agreement by written notice given by such Member Agency to all other Member Agencies, which notice shall be given at least 120 days prior to the commencement of the fiscal year in which it is to take effect. For the purpose of such notice, a fiscal year is defined as July 1 of a calendar year through June 30 of the succeeding calendar year.
b) Any former or prospective Member Agency may enter or re-enter the organization by petition to the ESC by its governing body, and majority approval of the petition by the ESC. Upon approval, the new Member Agency must agree in writing to all terms of this Agreement.
c) Should a Member Agency withdraw less than 120 days prior to the commencement of the fiscal year, the withdrawal will be effective, but that Member Agency will be responsible for its calculated contribution for that year pursuant to Article IV. d) Should a Member Agency give required notice and withdraw from the Agreement, the prior contribution of that Member Agency will be divided equally by formula among the remaining Member Agencies.
7.02 Termination of Organization and Disposition of Surplus Money and Property This Agreement shall terminate effective upon a vote of the ESC, the County and by at least eleven (11) cities representing the majority of the population of the County. In the event that the Organization ceases to exist, surplus funds will be returned consistent with Section 6512 of the Government Code in proportion to the contributions made. The Organization does not intend to acquire title to any property. But in the event that it does, title to all property acquired by the Organization shall be transferred to the County of San Mateo and be used for “County Wide” purposes.
7.03 Amendments
Any proposed Amendments to this Agreement may be recommended by the ESC but must be ratified by each Member Agency’s governing body.
7.04 Bylaws
The ESC may, from time to time, adopt and/or amend Bylaws for the conduct of its affairs; provided the purpose is consistent with this Agreement and/or are necessary and appropriate.
Article VIII - MISCELLANEOUS PROVISIONS
8.01 Notices
September 19, 2024 9
It shall be the responsibility of the County Manager or designee to ensure all notices are provided to Member Agencies and posted in compliance with the legal requirements of the Agreement.
8.02 Severability
If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement were, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
8.03 Supersession
It is mutually understood and agreed by the Member Agencies that this Agreement supersedes the 2014 San Mateo County Operational Area Joint Powers Agreement, any previous agreements on this subject matter and any amendments thereto.
8.04 Assignment
No Member Agency shall assign any rights or obligations under this Agreement without the prior written consent of the ESC.
8.05 Governing Law
This Agreement is made and to be performed in the State of California, and as such, California substantive and procedural law shall apply. Venue for any litigation under this Agreement shall be in the County of San Mateo.
8.06 Headings
The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement.
8.07 Counterparts
This Agreement may be executed in counterparts, each of which will be deemed an original and all of which shall constitute this Agreement.
8.08 No Third Party Beneficiaries
This Agreement and the obligations hereunder are not intended to benefit any party other than the Authority and its Member Agencies, except as expressly provided otherwise herein. No entity that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise herein.
8.09 Filing of Notice of Agreement
Within 30 days after the Effective Date, the Secretary shall cause to be filed with the Secretary of State the notice of Agreement required by the Act. Within 30 days after any amendment to this Agreement, the Secretary shall file the amendment with the Secretary of State.
8.10 Conflict of Interest Code
The Organization has adopted a conflict of interest code as required by law. Member Agencies understand that representatives and alternate representatives are listed on the Organization’s Conflict
September 19, 2024 10
of Interest Code and will be responsible for filing a Form 700 with the Organization.
8.11 Indemnification
The Organization shall defend, indemnify and hold harmless each Member Agency (and each Member Agency's officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of the Organization or its officers, agents or employees.
Each Member Agency shall defend, indemnify and hold harmless the Organization and the other Member Agencies (and their officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of that party or its officers, agents or employees.
8.12 Dispute Resolution/Legal Proceedings
Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Member Agencies and/or the Organization.
8.13 Authorization to Enter Into Agreement
Each party warrants that the person signing this Agreement on its behalf is authorized to bind that party to this Agreement.
8.14 Confirmation of Jurisdictional Authority
By signing this Agreement, the Member Agencies retain all authority granted to them by the State and/or their respective Charters. The powers and/or authority granted pursuant to this Agreement shall in no way serve to limit or restrict an individual Member Agency’s jurisdictional authority. (SIGNATURES ARE ON FOLLOWING PAGE)
September 19, 2024 11
IN WITNESS WHEREOF, each Member Agency has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, as follows:
Signatories Resolution/Action Number Date of Adoption
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
County of San Mateo
September 19, 2024 12
ANNEX A – COMMON TERMINOLOGY
A.01 Terminology Defined
Not all vocabulary of technical terms listed in the Agreement is used in the Agreement. In part, the terms are included as a resource to further clarify terminology utilized in documentation, field operations and/or applicable subject matter.
A.02 All-Hazards: The consideration of the full spectrum of emergencies (natural, technological, or human-caused incidents) that calls for action to protect life, property, and environment. The advantages of adopting an all-hazards approach to prepare for and respond to disasters include comprehensive planning, resource flexibility, coordination among agencies, training, and community engagement to effectively control different types of disasters to reduce or eliminate duplication of effort and cost.
A.03 California Governor’s Office of Emergency Services (Cal OES): State-level organization that functions as the central command center during major emergencies and disasters in California.
Cal OES oversees the response, direction, and coordination of state and federal resources, as well as mutual aid assets, to support diverse communities in the state.
A.04 Catastrophe: Any incident, natural or human-caused, with consequences of high rates of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, national morale, and/or government functions. A catastrophic event could result in sustained impacts over a prolonged period, exceed resources normally available in the impacted area, and significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened.
A.05 Community Emergency Response Team (CERT): Community-level organizations of volunteer emergency workers who can provide immediate assistance to supplement the efforts of professional responders in the event of a major disaster. CERT programs train volunteers in disaster preparedness and basic disaster response skills during disaster situations so professional responders can prioritize and allocate resources to more complex tasks. Local CERT programs are supported by the Federal Emergency Management Agency (FEMA), as well as the California Governor’s Office of Emergency Services (Cal OES).
A.06 Command: The act or directing and or controlling by virtue of explicit legal, agency or delegated authority. The term “Command” may also refer to the Incident Commander.
A.07 Emergency: Any incident, natural, technological, or human-caused, that requires responsive action to protect life, property, and environment. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), an emergency means any occasion or instance for which, in the determination of the President, federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety or to lessen or avert the threat of a catastrophe in any part of the United States.
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A.08 Emergency Management: A subset of incident management, the coordination and integration of all activities necessary to build, sustain and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism or other human-caused disasters.
A.09 Emergency Operations Center (EOC): The physical location at which the coordination of information and resources to support incident management activities normally takes place. An EOC may be a temporary facility or maybe in a more central or permanently established facility, such as at a higher level of organization within a jurisdiction.
A.10 Federal Emergency Management Agency (FEMA): Federal-level organization that coordinates the federal government's response to major disasters and emergencies, providing support and resources to state and local authorities. Its role includes managing disaster relief efforts, facilitating recovery operations, and helping communities prepare for future incidents.
A.11 Incident: An occurrence or event, natural or human-caused, which requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, civil unrest, wildland and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, tsunamis, war-related disasters, public health and medical emergencies, and other occurrences requiring an emergency response.
A.12 Incident Command System (ICS): A standardized on-scene emergency management construct specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. It is used for all kinds of emergencies and can be applied to small as well as large and complex incidents.
A.13 Local Emergency: The duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and/or property within territorial limits of a county, city and county, or city caused by such conditions as fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, tsunami or other conditions which are likely to be beyond the control of the services, personnel, equipment and facilities of that local political subdivision to combat.
A.14 Local Government: A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law;) regional or interstate government entity or agency or instrumentality of a local government; an Indian tribe or authorized tribal entity, or in Alaska a Native Village or Alaska Regional Native Corporation; a rural community, unincorporated town or village or other public entity. See Section 2 (10), Homeland Security Act of 2002, P.L. 107−296, 116 Stat. 2135 (2002).
A.15 Mitigation: Activities providing a critical foundation in the effort to reduce the loss of life
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and/or property from natural and/or human-caused disasters by avoiding or lessening the impact of a disaster and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of disaster damage, reconstruction, and repeated damage. These activities or actions, in most cases, will have a long-term sustained effect.
A.16 National Incident Management System (NIMS): A system that provides a proactive approach guiding government agencies at all levels, the private sector and nongovernmental organizations to work seamlessly to prepare for, prevent, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location or complexity, to reduce the loss of life or property and harm to the environment.
A.17 National Response Framework: Document that establishes a comprehensive, national, allhazards approach to domestic incident response. It serves as a guide to enable responders at all levels of government and beyond to provide a unified national response to a disaster. It defines the key principles, roles, and structures that organize the way U.S. jurisdictions plan and respond.
A.18 Operational Area (OA): An intermediate level of the state emergency services organization, consisting of SMC and all political subdivisions within the county area. In a state of emergency, the OA shall serve as a link in the system of communications and coordination between the political subdivisions comprising the OA and the Regional Emergency Operations Center (REOC) or State Operations Center (SOC). The SMC OA mirrors the County’s geographic boundaries.
A.19 Preparedness: Actions that involve a combination of planning, resources, training, as well as exercising and organizing to build, sustain, and improve operational capabilities. Preparedness is the process of identifying the personnel, training, and equipment needed for a wide range of potential incidents, and developing jurisdiction-specific plans for delivering capabilities when needed for an incident.
A.20 Recovery: The development, coordination, and execution of service- and site-restoration plans; the reconstitution of government operations and services; individual, private-sector, nongovernmental and public-assistance programs to provide housing and to promote restoration; long-term care and treatment of affected persons; additional measures for social, political, environmental and economic restoration; evaluation of the incident to identify lessons learned; and post-incident reporting and development of initiatives to mitigate the effects of future incident.
A.21 Resources: Personnel and major items of equipment, supplies, and facilities available or potentially available for assignment to incident operations and for which status is maintained. Under the NIMS, resources are described by kind and type and may be used in operational support or supervisory capacities at an incident or an EOC.
A.22 Response: Immediate actions to save and sustain lives, protect property and the environment, and meet basic human needs. Response also includes the execution of plans and actions to support short-term recovery.
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A.23 Standardized Emergency Management System (SEMS): The cornerstone of California’s emergency response system and the fundamental structure for the response phase of emergency management. SEMS is required by the California Emergency Services Act (ESA) for managing multiagency and multijurisdictional responses to emergencies in California. The system unifies all elements of California’s emergency management community into a single integrated system and standardizes key elements. SEMS incorporates the use of the ICS, California Disaster and Civil Defense Master Mutual Aid Agreement (MMAA), the OA concept, and multiagency or inter-agency coordination. State agencies and local governments are required to use SEMS to be eligible for any reimbursement of response-related costs under the state’s disaster assistance program.
October 17, 2014 Page 1
First Revised and Restated
Joint Exercise of Powers Agreement
San Mateo County Operational Area Emergency Services Organization THIS JOINT POWERS AGREEMENT (“Agreement”) is made as of the Effective Date by and between the public entities set forth below, creating the San Mateo County Operational Area Emergency Services Organization Authority (“Organization”).
Each public entity executing this Agreement shall be referred to individually as a “Member Agency,” with all referred to collectively as “Member Agencies.”
RECITALS
Whereas the Member Agencies’ goal is to establish a unified emergency services organization; and Whereas the Member Agencies agree that the purpose of this Organization will be to operate pursuant to Presidential Directive 5, the National Response Framework, National Incident Management System (NIMS), Presidential Directive 8, the National Preparedness Goal and California’s Standardized Emergency Management System (SEMS) and local adopted Emergency Operations Plans and Annexes.
Whereas the Member Agencies agree that the participants within this Organization may include all local governments within the geographic area of the County, special districts, unincorporated areas, and participating non-governmental entities; and
Whereas the Member Agencies agree that the collective goal is to provide coordinated plans for the protection of persons and property based on the phases of emergency management; and Whereas the Member Agencies have the authority to enter into this Agreement under the Joint Exercise of Powers Act, California Government Code Section 6500 et seq. (“Act”).
NOW, THEREFORE, in consideration of the recitals and mutual obligations of the Member Agencies as herein contained, the Member Agencies agree as follows:
Article I - GENERAL PROVISIONS
1.01 Purpose
This Agreement creates an entity to exercise the powers shared in common by the Member Agencies to engage in local and regional cooperative planning and coordination and delivery of services. As part of this Organization’s purpose, Member Agencies seek to meet or exceed the current Emergency Response Planning and Management Capabilities within the Operational Area. Further, Member Agencies seek to support existing regional Public Information and Notification Systems, and to continue to support the regional hazardous materials emergency response program. Such purposes are to be accomplished and the Members Agencies’ common powers exercised as set forth in this Agreement.
1.02 Creation of Authority
Pursuant to the Joint Exercise of Powers Act, the Member Agencies hereby create a public entity to be known as the “San Mateo County Operational Area Emergency Services Organization Authority” (“Organization.”) The Organization shall be a public entity separate and apart from the Member Agencies. The geographic jurisdiction of the Organization is all territory within the geographic
October 17, 2014 Page 2
boundaries of the Member Agencies; however, the Organization may undertake any action outside those geographic boundaries as is necessary and incidental to accomplishing its purpose.
1.03 Membership in the Organization
Membership in the Organization is limited to public entities, as defined by the Joint Exercise of Powers Act, located or operating within San Mateo County that have approved and executed this Agreement, and contributed resources of any kind toward establishing and supporting the Organization (including, but not limited to financial, personnel, equipment, or other resources) as approved by the Emergency Services Council.
1.04 Participating Members/Partners in the Organization Participation in the Organization is intended to ensure cooperative emergency planning and response; all participating Member Agencies and partners are expected to attend all regular and special meetings of the Emergency Services Council, encourage active participation by their jurisdictions in the development of plans and training programs, drills, exercises and training opportunities, and otherwise assist in supporting the implementation of this Agreement.
1.05 Powers of the Organization
The Organization may purchase, lease, own and/or dispose of property and equipment and enter into contract(s), as required to satisfy the purposes of this Agreement. The Organization may employ agents and/or employees, operate works and improvements, sue and be sued in its own name, and invest surplus funds.
Article II- COMMON TERMINOLOGY
2.01 Terminology Defined
Not all vocabulary of technical terms listed in the Agreement is used in the Agreement. In part, the terms are included as a resource to further clarify terminology utilized in documentation, field operations and/or applicable subject matter.
2.02 All-Hazards: “Grouping classification encompassing all conditions, environmental or manmade, that have the potential to cause injury, or death; damage to or loss of equipment, infrastructure services, or property; or alternately causing functional degradation to societal, economic or environmental aspects. Annotation: All-hazards preparedness ensures that if a disaster occurs, people are ready to get through it safely, and respond to it effectively. FEMA began development of an Integrated Emergency Management System with an all-hazards approach that included ‘direction, control and warning systems which are common to the full range of emergencies from small isolated events to the ultimate emergency – war.” (DHS, Lexicon, October 23, 2007, p. 1)
2.03 Catastrophe: An event during which a society incurs, or is threatened to incur, such losses to persons and/or property that the entire society is affected and extraordinary resources and skills are required, some of which must come from other nations.
2.04 Community Emergency Response Team (CERT): “Community Emergency Response Team” (CERT) training is one way for citizens to prepare for an emergency.
CERT training is designed to prepare people to help themselves, their families and their neighbors in the event of a catastrophic disaster. Because emergency services personnel may not be able to help everyone immediately, residents can make a difference by using the training obtained in the CERT course to save lives and protect property. (DHS, National Response Framework (Comment Draft). DHS, September 10, 2007, p. 18)
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2.05 Command: The act or directing and or controlling by virtue of explicit legal, agency or delegated authority. The term “Command” may also refer to the Incident Commander.
2.06 Emergency: Any incident, whether natural or manmade, that requires responsive action to protect life or property. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an emergency means any occasion or instance for which, in the determination of the President, federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety or to lessen or avert the threat of a catastrophe in any part of the United States.
2.07 Emergency Management: A subset of incident management, the coordination and integration of all activities necessary to build, sustain and improve the capability to prepare for, protect against, respond to, recover from or mitigate against threatened or actual natural disasters, acts of terrorism or other manmade disasters.
2.08 Emergency Operations Center (EOC): The physical location at which the coordination of information and resources to support incident management activities normally takes place. An EOC may be a temporary facility or may be located in a more central or permanently established facility, perhaps at a higher level of organization within a jurisdiction.
2.09 Incident: An occurrence or event, natural or manmade, which requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, civil unrest, wild land and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, tsunamis, warrelated disasters, public health and medical emergencies and other occurrences requiring an emergency response.
2.10 Incident Command System (ICS): A standardized on-scene emergency management construct specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents.
2.11 Local Emergency: The duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and/or property within territorial limits of a county, city and county, or city caused by such conditions as fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, tsunami or other conditions which are likely to be beyond the control of the services, personnel, equipment and facilities of that local political subdivision to combat.
2.12 Local Government: A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law;) regional or interstate government entity or agency or instrumentality of a local government; an Indian tribe or authorized tribal entity, or in Alaska a Native Village or Alaska Regional Native Corporation; a rural community, unincorporated town or village or other public entity. See Section 2 (10), Homeland Security Act of 2002, P.L. 107−296, 116 Stat. 2135 (2002).
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2.13 Mitigation: Activities providing a critical foundation in the effort to reduce the loss of life and/or property from natural and/or human-caused disasters by avoiding or lessening the impact of a disaster and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of disaster damage, reconstruction, and repeated damage. These activities or actions, in most cases, will have a long-term sustained effect.
2.14 National Incident Management System (NIMS): System that provides a proactive approach guiding government agencies at all levels, the private sector and nongovernmental organizations to work seamlessly to prepare for, prevent, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location or complexity, in order to reduce the loss of life or property and harm to the environment.
2.15 National Response Framework: This document establishes a comprehensive, national, allhazards approach to domestic incident response. It serves as a guide to enable responders at all levels of government and beyond to provide a unified national response to a disaster. It defines the key principles, roles, and structures that organize the way U.S. jurisdictions plan and respond.
2.16 Operational Area: An intermediate level of the state emergency services organization, consisting of the County and all political subdivisions within the county area. In a state of emergency, the operational area shall serve as a link in the system of communications and coordination between the political subdivisions comprising the operational area and the Regional or State Emergency Operations Center.
2.17 Preparedness: Actions that involve a combination of planning, resources, training, exercising and organizing to build, sustain and improve operational capabilities. Preparedness is the process of identifying the personnel, training and equipment needed for a wide range of potential incidents and developing jurisdiction-specific plans for delivering capabilities when needed for an incident.
2.18 Recovery: The development, coordination and execution of service- and site-restoration plans; the reconstitution of government operations and services; individual, private-sector, nongovernmental and public-assistance programs to provide housing and to promote restoration; long-term care and treatment of affected persons; additional measures for social, political, environmental and economic restoration; evaluation of the incident to identify lessons learned; and post-incident reporting and development of initiatives to mitigate the effects of future incidents.
2.19 Resources: Personnel and major items of equipment, supplies and facilities available or potentially available for assignment to incident operations and for which status is maintained. Under the National Incident Management System, resources are described by kind and type and may be used in operational support or supervisory capacities at an incident or at an emergency operations center.
2.20 Response: Immediate actions to save and sustain lives, protect property and the environment, and meet basic human needs. Response also includes the execution of plans and actions to support short-term recovery.
2.21 Standardized Emergency Management System: The Standardized Emergency Management System (SEMS) is the cornerstone of California’s emergency response system and the fundamental structure for the response phase of emergency management. SEMS is required by the California Emergency Services Act (ESA) for managing multiagency and multijurisdictional responses to emergencies in California. The system unifies all elements of California’s emergency management
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community into a single integrated system and standardizes key elements. SEMS incorporates the use of the Incident Command System (ICS), California Disaster and Civil Defense Master Mutual Aid Agreement (MMAA,) the Operational Area (OA) concept and multiagency or inter-agency coordination. State agencies and local governments are required to use SEMS in order to be eligible for any reimbursement of response-related costs under the state’s disaster assistance programs.
Article III – GOVERNANCE
3.01 Composition of the Council
The Organization shall be administered by the Emergency Services Council (“Council”) consisting of the following members:
a) A member of the San Mateo County Board of Supervisors, who shall be designated by the Supervisors.
b) Each governing body of a Member Agency shall annually select and appoint a representative to serve on the Council and may select and appoint an alternate representative. Each representative and alternative representative must be a member of the governing body of the Member Agency.
c) The Chair of the Emergency Services Council shall be the representative from the Board of Supervisors.
d) A Vice-Chair shall be selected by the Council.
3.02 General Purpose of the Organization
The general purpose of the Organization is to:
a) Provide structure for administrative and fiscal policies and procedures; b) Identify and pursue funding sources;
c) Set policy;
d) Maximize the utilization of available resources; and e) Oversee all committee activities.
3.03 Specific Responsibilities of the Council
The specific responsibilities of the Council shall be as follows:
a) To review and recommend adoption by the Board of Supervisors and City Councils of each City, Emergency Plans, programs and agreements, in addition to the basic agreements as deemed necessary to carry out the purpose of the Organization. b) To approve an annual budget in an amount necessary to carry out the purposes of the Organization. Upon review and approval of the annual budget by the Council, each Member Agency shall recommend the budget to the governing body of the Member Agency for the purpose of securing from each the appropriations in accordance with each Member Agency’s identified allocation (via Budget Sheets.)
c) Each Member Agency’s Executive Officer shall identify and designate at the beginning of each fiscal year, a local coordinator for regular participation in the San Mateo County Emergency Managers Association. Should the identified Coordinator change at any time during the year, the Member Agency shall advise the Director of Emergency Services within 30 days.
d) If a Member Agency participates in a contract relationship for the provision of emergency services, it is still required to name a local emergency coordinator to the Emergency Managers Association who will assure the continuity of communication between the Member Agency, the County Office of Emergency Services (OES) and the Organization.
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3.04 Meetings of the Organization.
a) Regular Meetings: The Council shall approve a schedule for its regular meetings provided, however, that the Council shall hold at least one regular meeting quarterly. The Council shall fix the date, hour and location of regular meetings by resolution and the Secretary shall transmit a copy of the resolution to each Member Agency at the first meeting of the fiscal year.
b) Special Meetings: Special meetings of the Council may be called in accordance with the Brown Act by the Chair, a majority of the Council or the Director. c) Call, Notice and Conduct of Meetings: All meetings of the Council, including without limitation, regular, adjourned regular and special meetings, shall be noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code section 54950 et seq. As soon as practicable, but no later than the time of posting, the Secretary shall provide notice and the agenda to each Member Agency. Any Member Agency may request that an item be considered for placement on the Agenda by submitting the request to the Director of Emergency Services. d) Meetings of the Council shall be conducted by the Chair or by the Vice-Chair in the absence of the Chairperson. In the absence of both Chair and Vice-Chair, the meeting shall be chaired by member of the Council selected by a majority vote of the Council.
3.05 Minutes
The Secretary of the Organization shall cause to be kept a digital recording of each meeting, which shall be posted on the SMC OES Website. The Secretary will create brief summary written minutes for approval by the Council.
3.06 Voting
All power of the Organization shall reside with the Council. Each Member Agency shall have one vote. A Member Agency’s alternate representative may participate and vote in the proceedings of the Council only in the absence of that Member Agency’s regular representative. No absentee ballot or proxy voting is permitted.
3.07 Quorum; Required Votes; Approvals
A quorum of the Council is a majority of the representatives of the Member Agencies of the Organization. If the number of Member Agencies is an even number, a majority is fifty percent of the Member Agencies, plus one. The Council may not take any substantive action without a majority of the Member Agencies voting to take that action. Action on non-substantive procedural matters may be taken by a majority of a quorum.
Article IV – PARTICIPATING PARTNERS, EMPLOYEES AND ADVISORY
COMMITTEES
4.01 Participating Partners
In order to ensure cooperative emergency planning and response, the following may be invited to attend, as non-voting members, all regular and special meetings of the Council, participate in the development of plans and training programs, and otherwise assist in supporting the implementation of this Agreement:
a) A representative of the American Red Cross to be invited by the Chair with the approval of the Council.
b) One representative each from the San Mateo County Fire Chiefs Association and the San Mateo County Police Chiefs and Sheriff Association as may be invited by the Chair with approval of the Council.
c) One representative for Water Districts as may be invited by the Chair with approval of the Council.
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d) One representative for Sanitary Districts as may be invited by the Chair with approval of the Council.
e) One representative for the San Mateo County Harbor District as may be invited by the Chair with approval of the Council.
f) One representative for the Port Authority as may be invited by the Chair with approval of the Council.
g) One representative for San Mateo County Transit District as may be invited by the Chair with approval of the Council.
h) One representative for Pacific, Gas and Electric Company as may be invited by the Chair with approval of the Council.
i) One representative for the Office of Education as may be invited by the Chair with approval of the Council.
j) One representative for the Hospital Consortium as may be invited by the Chair with approval of the Council.
k) One representative for the EMS Agency as may be invited by the Chair with approval of the Council.
l) One representative for the San Mateo Emergency Managers Association as may be invited by the Chair with approval of the Council.
Should other interested parties be identified for participation, the Organization shall consider a written request for participation and may be invited by the Chair with approval of the Council.
4.02 Treasurer
The Treasurer of the County of San Mateo shall be the Treasurer of the Organization. The Treasurer shall be the depository, shall have custody of the accounts, funds and money of the Organization from whatever source, and shall have the duties and obligations set forth in the Joint Exercise of Powers Act.
4.03 Auditor and Financial Accountability
The Organization will ensure financial accountability as required by Section 6505 of the Government Code. The Organization will ensure that audits are conducted as required by that Section. Unless the Council votes to appoint a separate auditor, audits will be conducted by auditor selected to conduct the audit of the Sheriff’s Office. In the event that the Council selects a separate auditor, the full cost of the audit will be the responsibility of the Organization.
The Auditor shall perform the functions of auditor for the Organization and shall make or cause an independent annual audit of the accounts and records of the Organization by a certified public accountant, in compliance with the requirements of the Joint Exercise of Powers Act and generally accepted auditing standards.
4.04 Legal Counsel
The San Mateo County Counsel’s Office shall be the legal counsel for the Organization. To the extent permitted by the Joint Exercise of Powers Act, the Organization may change, by resolution, the legal counsel to the Organization. The full cost of outside legal counsel will be the responsibility of the Organization.
4.05 Secretary to the Organization
The San Mateo County Office of Emergency Services shall provide a Secretary and administrative support to the Organization.
4.06 Contractors
The Organization shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary to carry out the purposes of the Organization. The Organization will be responsible for any/all incurred costs.
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4.07 Committees
The Organization may form and dissolve Committees as determined by the Council.
4.08 Director of Emergency Services
The Sheriff or his/her designee is the Director of the San Mateo County Area Office of Emergency Services (“Director”). The SMC Area Office of Emergency Services is responsible for the on-going operation of the San Mateo County Operational Area and is also responsible for achieving the purposes of the Organization as follows:
a) Emergency Response - coordination and planning during any regional emergency in accordance with adopted emergency plans.
b) Plans and Operations - preparation, development, coordination, and integration of compatible and complimentary unified area-wide emergency plans for approval by the State of California and adoption by the Council.
c) Communications - coordination, development and maintenance of an area-wide emergency communications service, including public alert and warning systems, and other situational awareness tools.
d) Public Education and Information - coordination and support of an area-wide public education and information program.
e) Training and Exercise -coordination and assistance in the training and exercising of all County employees identified as Disaster Service Workers, as defined by Sect. 3100 of the California Government Code and volunteers. The Member Agencies will be responsible for the training and exercise of their identified employees; however, OES will provide needed support as requested.
f) Grant Program Administration - coordination and assistance with designated emergency coordinators within the Operational Area in the securing and distribution of grant funds for regional emergency management initiatives and program support. g) General Administration - coordination and assistance in the procurement and inventory of emergency equipment, management of, maintenance and distribution of area-wide inventories of vital supplies and equipment.
h) The Organization does not intend to acquire title to any property. But in the event that it does, pursuant to Section 6505.1 of the Government Code, the Organization designates the Director to handle that property. In the event that the Organization does acquire title to property, the Director will obtain a bond in the amount determined by the contracting parties.
4.09 Staffing Reimbursement
The County Office of Emergency Services is a bureau of the Sheriff’s Office, staffed by sworn officers and other civil service employees of the County of San Mateo appointed by the Sheriff. The Office of Emergency Services supports the purposes of the Organization. A portion of the cost of Office of Emergency Services staff is reimbursed by the Organization in an amount determined by the funding allocation in this Agreement.
Article V – BUDGET AND COST-SHARING
In consideration of the mutual promises herein contained, it is hereby agreed that the cost of maintaining the Organization will be shared as described below.
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a) From the total amount of the annual budget there shall be deducted estimated revenue from federal “matching funds,” state grants, and other service revenues. b) The balance of the annual budget remaining after anticipated revenues have been deducted shall be paid as follows:
1. The county shall pay 50% of the remaining balance.
2. The cities shall pay the remaining 50% of the balance, apportioned in accordance with the following formula:
i. One half of said 50% to be apportioned by people units or population. a) Total population of all member cities divided into one-half of the total of the cities’ share of the budget equals a factor in cents. b) Population of each member city times the factor in cents equals the share for each city.
ii. The remaining one-half of said 50% to be apportioned on the basis of assessed valuation as follows:
a) Total assessed value of real and personal property in all member cities divided into one-half of the total of the city’s share of the budget equals a factor in mils.
b) Assessed value of real and personal property of each member city times the factor in mils equals the share for each city. c) For the purpose of this Agreement the total assessed valuation of real and personal property in all Member Agencies shall be the most recent such total maintained by the offices of the County Assessor.
d) The figures used for population in each city shall be determined by a method and from a source that is mutually acceptable to the majority of members. e) It is understood and agreed that the financial obligations incurred by the Member Agencies under the provisions of this Agreement will be incurred annually, subject to the limitation that the county and cities are financially able to make funds available. f) If the Member Agencies representing 25% or more of the county’s population do not approve the budget in any fiscal year, the proposed budget will be referred back to the Director and the Finance Committee for revision and recommendation. If no resolution can be reached by the committee, the Member Agencies may proceed to adopt budgets that provide those services they deem necessary for adequate emergency services protection as a whole, but any Member Agency shall be financially responsible for that portion of the budget unilaterally adopted. Any Member Agency that does not meet its financial commitment under the adopted budget will lose its voting status and/or other such privileges of membership as determined by the Council.
g) It is further agreed that any excess in federal or state funds, in any year, shall be reviewed by the Finance Committee, who will then make a recommendation to the Council, as to the disposition of the excess funds.
h) With respect any Member Agency that is not a City or the County , the amount to be contributed is determined by a negotiation between those Member Agencies and the Director Emergency Services and must be approved by the Council. A letter memorializing the agreed contribution will be an attachment to this Agreement.
Article VI - INSURANCE
a) The County shall add the Organization and Emergency Services Council to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of the Agreement. Member Agencies understand that the County is partially self-insured. Unless the Organization decides otherwise, County shall provide for the defense of any claims or litigation within the self-insured retention. Legal representation by the County will ordinarily be provided by the County Counsel.
October 17, 2014 Page 10
b) Any out-of-pocket expense or loss, by way of judgment or settlement, arising out of the operation of this Agreement, within the limits of the County’s self-insured retention shall be shared by the parties in accordance with the formula as described in Article V (b).
Article VII - EFFECTIVENESS
This Agreement shall be effective upon its execution by all Member Agencies. It is effective as to new Members Agencies upon adoption and approval by the Council and by the new Member Agency’s governing body. This Agreement shall continue in effect until terminated as provided herein.
Article VIII – TERM AND TERMINATION
8.01 Withdrawal by Members
a) Any Member Agency may withdraw from this Agreement by written notice given by such Member Agency to all other Member Agencies, which notice shall be given at least 120 days prior to the commencement of the fiscal year in which it is to take effect. For the purpose of such notice, a fiscal year is defined as July 1 of a calendar year through June 30 of the succeeding calendar year.
b) Any former or prospective Member Agency may enter or re-enter the organization by petition to the Council by its governing body, and majority approval of the petition by the Council. Upon approval, the new Member Agency must agree in writing to all terms of this Agreement.
c) Should a Member Agency withdraw less than 120 days prior to the commencement of the fiscal year, the withdrawal will be effective but that Member Agency will be responsible for its calculated contribution for that year pursuant to Article V. d) Should a Member Agency give required notice and withdraw from the Agreement, the prior contribution of that Member Agency will be divided equally by formula among the remaining Member Agencies.
8.02 Termination of Organization and Disposition of Surplus Money and Property This Agreement shall terminate effective upon a vote of the Council, the County and by at least eleven (11) cities representing the majority of the population of the County. In the event that the Organization ceases to exist, surplus funds will be returned consistent with Section 6512 of the Government Code in proportion to the contributions made. The Organization does not intend to acquire title to any property. But in the event that it does, title to all property acquired by the Organization, shall be owned by the County of San Mateo to be used for “County Wide” purposes.
8.03 Amendments
Any proposed Amendments to this Agreement may be recommended by the Council but must be ratified by each Member Agency’s governing body.
8.04 Review of this Agreement
The Council will conduct a review of this Agreement in 2020 and every five years thereafter to determine whether any changes to the Agreement are necessary or advisable. In the event that the Council concludes that changes should be made, each Member Agency representative will take those recommended changes to the governing body of the Member Agency for ratification.
8.05 Bylaws
The Council may, from time to time, adopt and/or amend Bylaws for the conduct of its affairs; provided the purpose is consistent with this Agreement and/or are necessary and appropriate.
October 17, 2014 Page 11
Article IX - MISCELLANEOUS PROVISIONS
9.01 Notices
It shall be the responsibility of the Sheriff or his/her designee to ensure all notices are provided to Member Agencies and posted in compliance with the legal requirements of the Agreement.
9.02 Severability
If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement were, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
9.03 Supersession
It is mutually understood and agreed by the Member Agencies that this Agreement supersedes the 1997 San Mateo County Operational Area Joint Powers Agreement, any previous agreements on this subject matter and any amendments thereto.
9.04 Assignment
No Member Agency shall assign any rights or obligations under this Agreement without the prior written consent of the Council.
9.05 Governing Law
This Agreement is made and to be performed in the State of California, and as such, California substantive and procedural law shall apply. Venue for any litigation under this Agreement shall be in the County of San Mateo.
9.06 Headings
The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement.
9.07 Counterparts
This Agreement may be executed in counterparts, each of which will be deemed an original and all of which shall constitute this Agreement.
9.08 No Third Party Beneficiaries
This Agreement and the obligations hereunder are not intended to benefit any party other than the Authority and its Members Agencies, except as expressly provided otherwise herein. No entity that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise herein.
9.09 Filing of Notice of Agreement
Within 30 days after the Effective Date, the Secretary shall cause to be filed with the Secretary of State the notice of Agreement required by the Act. Within 30 days after any amendment to this Agreement, the Secretary shall file the amendment with the Secretary of State.
9.10 Conflict of Interest Code
The Organization shall adopt a conflict of interest code as required by law. Member Agencies understand that representatives and alternate representatives are listed on the Organization’s Conflict of Interest Code and will be responsible for filing a Form 700 with the Organization.
October 17, 2014 Page 12
9.11 Indemnification
The Organization shall defend, indemnify and hold harmless each Member Agency (and each Member Agency's officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of the Organization or its officers, agents or employees.
Each Member Agency shall defend, indemnify and hold harmless the other Member Agencies (and their officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of that party or its officers, agents or employees.
9.12 Dispute Resolution/Legal Proceedings
Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Member Agencies and/or the Organization.
9.13 Authorization to Enter Into Agreement
Each party warrants that the person signing this Agreement on its behalf is authorized to bind that party to this Agreement.
9.14 Confirmation of Jurisdictional Authority
By signing this Agreement, the Member Agencies retain all authority granted to them by the State and/or their respective Charters. The powers and/or authority granted pursuant to this Agreement shall in no way serve to limit or restrict an individual Member Agency’s jurisdictional authority.
9.15 Participation Understanding
The Member Agencies understand that to facilitate proper emergency response, each public entity has an important role to play. By adopting this Agreement, the Member Agencies recognize the importance of that role. Descriptions of the activities that are expected of each Member Agency are contained in Attachment A to this Agreement. Attachment A may be modified by a majority of the Council at a meeting of the Organization.
(SIGNATURES ARE ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, each Member Agency has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, as follows:
Signatories Resolution/Action Number Date of Adoption
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
County of San Mateo
October 17, 2014 Page 14
ATTACHMENT A
SUPPLEMENTAL AGREEMENT
The following list of responsibilities was developed by a sub-committee of the Emergency Managers Association of San Mateo County. The determined need is to assure the Member Agencies meet the basic functional needs of the communities within San Mateo County during a disaster. To determine the readiness of Member Agencies to respond to an emergency, each Member Agency agrees to participate in an annual survey or other mechanism, developed by the EMA Policy & Continuity Working Group, to gather preparedness data from Member Agencies. An evaluation shall be presented to the Emergency Services Council as set forth in section 1.01 of this Supplemental Agreement.
Article I – MEMBER AGENCY RESPONSIBILITIES AND TRAINING
1.01 Emergency Preparedness and Planning Standards
The Member Agencies shall each accept primary responsibility for the readiness within their respective jurisdictions and development of disaster preparedness plans which shall be compatible with and complimentary to the area-wide emergency planning and organization, formulated pursuant to this Agreement. As such, each Member Agency agrees that it will adhere to current state and federal NIMS/SEMS requirements.
The Director will provide an annual report of each Member Agency’s attainment towards the current State and federal NIMS/SEMS requirements, as well as assist the Member Agencies in working towards full compliance.
1.02 Information Reporting
Member Agencies of the Organization shall report on the agreed adopted standards, cited in Section
1.01 of this Supplemental Attachment, annually to the Director of the Office of Emergency Services, who will compile the information and report to the Council at its January meeting. a. The following is an example of the type of information to be collected annually; other formats may be developed or used as needed. Adopt an Emergency Operations Plan and Annexes, review and update no less than every three years City/Town Percentage Complete
1 0 10 20 30 40 50 60 70 80 90 100
b. Have a Local Hazard Mitigation Plan, internally reviewed annually and provide updates as required, and approved by FEMA. (Currently no less than every five years.
City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100
c. Participate in the Operational Area Multi-year Training and Exercise Plan City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100
October 17, 2014 Page 15
d. Adopt use of the Homeland Security Exercise and Evaluation Program (HSEEP) City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100
e. Participate in meetings and activities including the Emergency Managers Association (EMA)
City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100
f. Participate in Training and Exercises
City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100
g. Prepare and maintain necessary plans and agreements to facilitate emergency sheltering City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100
1.03 Training and Exercises
A Training and Exercise Plan is a means to establishing a standard of readiness and initiates a basic knowledge and capability skill set. Full participation by Member Agency Emergency Managers and other Operational Area stakeholders is important to developing a multi-year training program.
Training and exercise planning and development will be the responsibility of the EMA T&E Group to accommodate the needs of the stakeholders. Full commitment and participation by the Member Agencies and participating partners will also be recommended in at least one annual exercise, in some capacity, to ensure the preparedness level of our Operation Area. Further, Member Agencies agree to support the NIMS compliance of each of their jurisdictions.
1.04 Recommended Training for the Governing Bodies of Member Agencies In an effort to ensure NIMS Compliance and a standardized understanding among Member Agencies, the following training curriculum, is recommended for representatives of each Member Agencies’ governing bodies:
a) 100: Introduction to ICS or equivalent
b) FEMA IS 700.a: NIMS An Introduction
c) ICS-402:Incident Command System (ICS) Overview for Executives/Senior Officials(G402)
1.05 Local Coordinator Responsibilities
All Member Agencies have adopted this Agreement with a commitment to engage in local and regional cooperative planning, coordination and delivery of services. Each Member Agency will provide local support via staff with primary and/or secondary responsibilities including, but not limited to the following:
a) Management/Coordination of the Local Emergency Operations Center (EOC) – (functional and support services.)
October 17, 2014 Page 16
b) Provide liaison support to the County Emergency Operations Center (EOC) Director or his/her designee in emergency or disaster situations.
c) Oversee the preparation and prepare and modify elements of the local Emergency Operations Plan and Disaster Recovery Plan to ensure compatibility with the Operational Area Emergency Operations Plan and Annexes.
d) Develop relationships with representatives of local departments, public and private support and relief agencies, business, educational, homeowners' and other groups regarding emergency services; prepare specialized plans designed to meet the needs of various sections of the community.
e) Prepare and disseminate training materials to ensure effective response in a disaster situation; f) Develop, train and maintain community engagement, through programs such as Community Emergency Response Team (CERT)
g) Develop relationships with representatives of other emergency management and response agencies and organizations; review legislation, regulations and other documentation to ensure that the City is in compliance with such regulations and avail itself of all financial and other resources.
h) Respond to the Emergency Operations Center when it is activated; ensure that appropriate documents are available at the center and provide liaison and coordinative support as required.
1.06 Operational Area District Coordinator Responsibilities In addition to the roles and responsibilities identified in Section 4.09, The Director of Emergency Services will provide staff in direct support of the Local Coordinators. These Operational Area District Coordinators are not intended to replace local staff, as they do not have the required authority within local jurisdictions to operate as the primary coordinators. They will, however, provide the following services, which include but are not limited to:
a) Develop, review and update emergency operations plans. b) Develop, review and update detailed standard operating procedures, checklists and resource documents.
c) Compile data and prepare program papers and progress reports for the jurisdictions served. d) Compile and review jurisdictional data in support of the annual Standards Review. e) Support a Planning and Exercise Design Team as well as complete a 3-5 year Training and Exercise Program that is HSEEP compliant.
f) Act as information, education and/or resource officer for the jurisdictions served. g) Speak to civic groups, clubs, and organizations to promote emergency services programs, encouraging public understanding and support. Notify local jurisdiction when appropriate. h) Work cooperatively with other office staff on area-wide projects and in training programs. i) Develop relationships with representatives of other emergency management and response agencies and organizations, review legislation, regulations and other documentation to ensure that the County is in compliance with such regulations and avail itself of all financial and other resources.
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Javad Mirsaidi, Interim Town Engineer
DATE: February 26, 2025
RE: Authorize Execution of Primary Grant Agreement with San Mateo County Transportation Authority (SMCTA) for
Measures A and W Funding
RECOMMENDATION
Staff recommends the Town Council:
1. Authorize the Town Manager, or designee, to execute a primary grant agreement with the San Mateo County Transportation Authority to be eligible to receive Measures A and W grants over the next 10 years; and
2. Certify that any funds awarded by the SMCTA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and
3. Authorize the Town Manager, or designer, to take any other action necessary to give effect on this Resolution.
BACKGROUND
On June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (SMCTA) of a halfcent transactions and use tax in San Mateo County for 20 years with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A).
On November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the Measure A half cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A).
On November 6, 2018, the voters of San Mateo County authorized a new one-half percent sales tax in San Mateo County for transportation purposes and tasked the SMCTA with administering four of the five transportation program categories described in the Congestion Relief Plan presented to the voters (Measure W).
TOWN OF PORTOLA VALLEY
STAFF REPORT
Primary Agreement with SMCTA Page 2
February 26, 2025
The Town of Portola Valley is eligible for funding under certain programs in the 1988 Transportation Expenditure Plan, 2004 Transportation Expenditure Plan, and/or 2018 Congestion Relief Plan.
SMCTA requires the Sponsor's governing board to adopt a resolution authorizing the Sponsor's Town Manager, or a designee, to sign a Primary Grant Agreement with the SMCTA to receive Measures A and W grants over the next 10 years, and to take any other actions necessary to give effect to this resolution.
DISCUSSION
To ensure continued eligibility for future Measures A and W funding, please the Town of Portola Valley governing body must adopt a resolution based on the attached resolution and submit a copy of the final adopted resolution to SMCTA by March 1, 2025.
FISCAL IMPACT
None
ATTACHMENT
1. Resolution
2. Primary Grant Agreement with San Mateo County Transportation Authority (SMCTA) for Measures A and W Funding
1 RESOLUTION NO. 2960 - 2025
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY
AUTHORIZING EXECUTION OF A PRIMARY GRANT AGREEMENT WITH THE SAN MATEO
COUNTY TRANSPORTATION AUTHORITY (TA) FOR FUTURE MEASURES A AND W
FUNDING
WHEREAS, on June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (TA) of a half-cent transactions and use tax in San Mateo County for 20 years with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A); and WHEREAS, on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the Measure A half cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A); and WHEREAS, on November 6, 2018, the voters of San Mateo County authorized a new one-half percent sales tax in San Mateo County for transportation purposes, and tasked the TA with administering four of the five transportation program categories described in the Congestion Relief Plan presented to the voters (Measure W); and WHEREAS, the Town of Portola Valley is eligible for funding under certain programs in the 1988 Transportation Expenditure Plan, 2004 Transportation Expenditure Plan, and/or 2018 Congestion Relief Plan; and
WHEREAS, the San Mateo County Transportation Authority requires the Town of Portola Valley's Town Council to adopt a Resolution authorizing the Town of Portola Valley's Town Manager, or a designee, to sign a Primary Grant Agreement with the TA to receive Measures A and W grants over the next 10 years, and to take any other actions necessary to give effect to this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Portola Valley hereby:
1. Authorizes the Town Manager, or designee, to execute a primary grant agreement with the San Mateo County Transportation Authority to be eligible to receive Measures A and W grants over the next 10 years; and
2. Certifies that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and
3. Authorizes the Town Manager, or designee, to take any other actions necessary to give effect to this resolution.
2 Passed and adopted at a Regular meeting of the Town Council of the Town of Portola Valley on February 26, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
ABSTAINED, COUNCILMEMBERS:
By: __________________________________
Judith Hasko, Mayor
Attest: ________________________________
Christine Boland, Clerk Consultant
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PRIMARY GRANT AGREEMENT
SAN MATEO COUNTY TRANSPORTATION AUTHORITY
MEASURE A AND/OR MEASURE W FUNDS
This Primary Grant Agreement (Agreement) is made on ____________, 2025 by and between the San Mateo County Transportation Authority (TA) and the Town of Portola Valley (Sponsor), each of which is referred to herein individually as “Party” and jointly as “Parties.”
RECITALS
WHEREAS, on June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the TA of a half-cent transactions and use tax in San Mateo County for 20 years with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A); and
WHEREAS, on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the Measure A half cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A); and
WHEREAS, on November 6, 2018, the voters of San Mateo County authorized a new one-half percent sales tax in San Mateo County for transportation purposes, and tasked the TA with administering four of the five transportation program categories described in the Congestion Relief Plan presented to the voters (Measure W); and
WHEREAS, the TA and Sponsor desire to enter into this Agreement to establish the process, terms and conditions governing the allocation and expenditure of Measures A/W Funds by Sponsor for capital projects.
Now therefore, the Parties agree as follows:
SECTION 1: Form of Agreements
1.1. Primary Grant Agreement. This Primary Grant Agreement outlines the general terms and conditions applicable to all TA allocations of Measures A/W Funds to Sponsor for capital projects. As allocations are made, the TA and Sponsor will enter into subsequent arrangements for each allocation (Project Supplements). From time to time the Parties may enter into Project Supplements with third parties for cosponsored projects.
1.2. Project Supplements. Each Project Supplement will be substantially in a form attached hereto as described in Exhibit A, "Form of Project Supplements " and will be attached to this Agreement and incorporated herein by this reference.
SECTION 2: Term and Termination
2.1. Term. The term of this Agreement will commence on Execution Date and will terminate after 10 years, unless terminated by Sponsor or the TA pursuant to this Section 2. Work begun under the Agreement will continue to be governed by this Agreement until the Scope of Work is complete.
20016287.14
2.2. Sponsor’s Right to Terminate; Repayment upon Termination. Sponsor may at any time terminate the Agreement or a Project Supplement by giving ten (10) days’ written notice to the TA of its election to do so. Upon such termination, Sponsor will not be reimbursed for any further Scope of Work Costs associated with the Agreement or the Project Supplement, as applicable, and will reimburse the TA for all monies paid by the TA and costs incurred by the TA in connection with the applicable Scope of Work as well as all reasonable costs and expenses incurred to effect such termination within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.
2.3. Termination by the TA. The TA may terminate this Agreement or a Project Supplement, with or without cause, by giving ten (10) days’ written notice of such termination.
If the TA terminates the Agreement for Sponsor’s default, Sponsor will reimburse the TA for all funds paid to Sponsor in connection with all Scopes of Work, and for all costs incurred by the TA in connection with the Scope of Work as well as all reasonable costs and expenses incurred to effect such termination, within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.
If the TA terminates a Project Supplement for Sponsor’s default, Sponsor will reimburse the TA for all funds paid to Sponsor in connection with the Scope of Work for the applicable Project Supplement, and for all costs incurred by the TA in connection with the Scope of Work as well as all reasonable costs and expenses incurred to effect such termination, within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.
If the TA terminates the Agreement or a Project Supplement for convenience, the TA is obligated to pay to Sponsor all costs and expenses incurred thereunder by Sponsor up to the date of notice of termination, as well as all reasonable costs and expenses incurred to effect such termination.
2.4. Expiration/Suspension of TA’s Financial Obligations. Any and all financial obligations of the TA pursuant to this Agreement expire upon the expenditure of TA’s maximum contribution to each Scope of Work as established in each Project Supplement or the conclusion of the Term as defined in Section 2.1, whichever occurs first. The TA reserves the right to suspend its financial obligation, with ten (10) days’ advance notice, if Sponsor identifies a risk of not being able to complete a Scope of Work within budget. If Sponsor cannot provide a credible funding plan acceptable to the TA to fund and complete each Scope of Work, the Sponsor will be in default and the TA may terminate this Agreement. If Sponsor identifies a risk of not being able to complete each Scope of Work within budget, failure to report such risk to the TA constitutes default and is cause for termination under Section 2.3.
2.5. Supplementing Existing Revenue. Sponsor agrees that it will use funds provided pursuant to this Agreement to supplement existing revenue. Sponsor will not use Measures A/W Funds to replace other local taxes or revenues already programmed and available for use for the same purpose. Sponsor will use funds provided pursuant to this Agreement only for the Scope of Work for each Project Supplement.
20016287.14
2.6. Misuse of Funds. If the TA determines that Sponsor has used Measures A/W Funds other than for the approved Scope of Work or Project Costs, the TA will notify Sponsor of its determination. Within thirty (30) days of notification Sponsor will either (a) repay such funds to the TA, or (b) explain in writing how the funds in question were spent for the approved Scope of Work. The TA will respond to Sponsor’s written explanation within thirty (30) days of receipt. Unless otherwise stated in the response, the TA’s response will be final, and Sponsor will repay any funds used other than for the approved Scope of Work within thirty (30) days.
SECTION 3: Time of Performance
3.1. Time of Performance. The time of performance will be specified in each Project Supplement (Time of Performance).
3.2. Time Extension. If the Scope of Work cannot be completed within the Time of Performance as defined in Section 3.1, Sponsor must submit a request in writing to the TA no later than six (6) months before the Time of Performance for an extension for the Time of Performance. The TA will review the request and may grant the extension via a letter of concurrence if it is justified in TA’s sole and complete discretion. Extensions longer than one (1) year will require a formal amendment to the Project Supplement.
Costs incurred for the Scope of Work after the Time of Performance are at risk of denial for reimbursement by the TA. The unreimbursed portion of Measures A/W allocation will be retained by the TA for the Measures A/W Program.
SECTION 4: Insurance
4.1. Insurance. For the purposes of this Section, “Entity” is defined as any entity designing, approving designs and/or performing each Scope of Work specified in the Project Supplements funded by this Agreement. Entities may include Sponsor, a contractor of Sponsor, another body on behalf of which Sponsor submitted its funding application, and/or a contractor of such other body.
For each Project Supplement, all Entities will provide the appropriate insurance covering the work being performed as specified in the Project Supplement. The insurance requirements specified in this Section will cover each Entity’s own liability and any liability arising out of work or services of Entity subcontractors, subconsultants, suppliers, temporary workers, independent contractors, leased employees, or any other persons, firms or corporations (hereinafter collectively referred to as “Agents”) working on each Project (as defined in each Project Supplement). If Sponsor itself is an Entity, Sponsor must also provide its own insurance meeting the requirements of this Section. a) Minimum Types and Scope of Insurance. Each Entity is required to procure and maintain at its sole cost and expense insurance subject to the requirements set forth below. Such insurance will remain in full force and effect throughout performance of the Scope of Work. All policies will be issued by insurers acceptable to the TA (generally with a Best’s Rating of A-10 or better). Each Entity is also required to assess the risks associated with work to be performed by Agents and to require that Agents maintain adequate insurance coverages with appropriate limits and endorsements to cover such risks. To the extent that its Agent does not procure and maintain such insurance coverage, an Entity is responsible for and assumes any and all costs and expenses that may be
20016287.14
incurred in securing said coverage or in fulfilling Entity’s indemnity obligations as to itself or any of its Agents in the absence of coverage. Entities may self-insure against the risks associated with the Scope of Work, but in such case, waive subrogation in favor of the TA respecting any and all claims that may arise. i. Workers’ Compensation and Employer’s Liability Insurance. Worker’s Compensation coverage must meet statutory limits and Employer’s Liability Insurance must have minimum limits of $1 million. Insurance must include a Waiver of Subrogation in favor of the TA. ii. Commercial General Liability Insurance. The limit for Commercial General Liability Insurance will be specified in each Project Supplement.
Commercial General Liability Insurance must be primary to any other insurance, name the TA as an Additional Insured, include a Separation of Interests endorsement and include a Waiver of Subrogation in favor of the TA.
iii. Business Automobile Liability Insurance. The limit for Business Automobile Liability Insurance will be specified in each Project Supplement. Insurance must cover all owned, non-owned and hired autos, and include a Waiver of Subrogation in favor of the TA. iv. Property Insurance. Property Insurance must cover an Entity’s and/or Agent’s own equipment as well as any materials to be installed. Property Insurance must include a Waiver of Subrogation in favor of the TA. v. Professional Liability Insurance. If specified in a Project Supplement, Professional Liability insurance should cover each Entity’s and any Agent’s professional work on the Project.
vi. Cyber Liability Insurance. If specified in a Project Supplement, and if contract deals with Personally Identifiable Information (PII), then Professional Liability Insurance policy, should also include coverage for Cyber risk coverages including Network and Internet Security Liability coverage, Privacy coverage and Media coverage.
vii. Employee Theft Insurance/Crime Insurance. If specified in a Project Supplement, then an Employee Theft Insurance policy covering the loss of money, securities or other property resulting from theft by employees.
The policy should include Third-Party Crime or Client Crime coverage viii. Contractors’ Pollution Liability Insurance and/or Environmental Liability Insurance. If specified in a Project Supplement, Contractors’ Pollution Liability Insurance and/or Environmental Liability insurance should cover potential pollution or environmental contamination or accidents. The limit for Pollution and/or Environmental Liability Insurance in each appropriate contract and subcontract should not be less than $1 million. Such insurance must name the TA as an Additional Insured and include a Waiver of Subrogation in favor of the TA.
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ix. Railroad Protective Liability Insurance. Insurance is required if the Project will include any construction or demolition work within 50 feet of railroad tracks. The limit for Railroad Protective Liability Insurance in each appropriate contract and subcontract cannot be less than $2 million per occurrence and $6 million annual aggregate. On the Entity’s Commercial General Liability insurance policy, the contractual liability exclusion for liability assumed shall be deleted.
b) Special Requirement for Caltrain Shuttles. If Sponsor and/or Entity is operating shuttle(s) with the Caltrain logo on the vehicle(s) or on any shuttle public information materials, the Commercial General Liability, Business Automobile, and Pollution and/or Environmental Liability (if applicable) policies also must name as Additional Insureds: the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City and County of San Francisco, TransitAmerica Services, Inc. or any successor Operator of the Service, and the Union Pacific Railroad Company and their respective directors, officers, employees, volunteers and agents while acting in such capacity, and their successors or assignees, as they now, or as they may hereafter be constituted, singly, jointly or severally. c) Excess or Umbrella Coverage. Sponsor and/or any other Entity may opt to procure excess or umbrella coverage to meet the above requirements, but in such case, these policies must also satisfy all specified endorsements and stipulations for the underlying coverages and include provisions that the policy holder’s insurance is to be primary without any right of contribution from the TA. d) Deductibles and Retentions. Sponsor must ensure that deductibles or retentions on any of the above insurance policies are paid without right of contribution from the TA. Deductible and retention provisions cannot contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the named insured is unacceptable.
In the event that any policy contains a deductible or self-insured retention, and in the event that the TA seeks coverage under such policy as an additional insured, Sponsor will ensure that the policy holder satisfies such deductible to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of the Entity or Agents, even if neither the Entity nor Agents are named defendants in the lawsuit.
e) Claims Made Coverage. If any insurance specified above is provided on a claimmade basis, then in addition to coverage requirements above, such policy must provide that:
i. Policy retroactive date coincides with or precedes the Entity’s start of work (including subsequent policies purchased as renewals or replacements).
ii. Entity will make every effort to maintain similar insurance for at least three (3) years following Project completion, including the requirement of adding all additional insureds.
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iii. If insurance is terminated for any reason, each Entity agrees to purchase an extended reporting provision of at least three (3) years to report claims arising from work performed in connection with this Agreement. iv. Policy allows for reporting of circumstances or incidents that might give rise to future claims.
f) Failure to Procure Adequate Insurance. Failure by any Entity to procure sufficient insurance to financially support the indemnification requirements of this Agreement does not excuse Sponsor from meeting all obligations of the indemnification requirements and the remainder of this Agreement, generally. g) Prior to beginning work under this Agreement, Sponsor must obtain, and produce upon request of the TA, satisfactory evidence of compliance with the insurance requirements of this Section.
SECTION 5: Additional Terms Applicable to Sponsor-Performed Capital Projects The following additional terms apply when the Sponsor is performing the scope of work for capital projects as described in each Project Supplement.
5.1. Project Performance. Sponsor will oversee completion of the scope of work for each TA funded project as described in each Project Supplement (Scope of Work).
Sponsor is responsible for procuring and administering any professional service and/or other contracts entered into in connection with each such Scope of Work. Sponsor may appoint a designee or engage contractor(s) to perform work necessary for completion of work, but Sponsor remains responsible to the TA for the completion of each Scope of Work.
5.2. Required Approvals. Prior to commencement of each Scope of Work, Sponsor or its designee (e.g., a consultant) will obtain all applicable local, state and federal approvals and permits for each Scope of Work. In addition, Sponsor must comply with all applicable federal, state and local laws and regulations applicable to the Project. All real property appraisals must comply with Uniform Standards of Professional Appraisal Practice (USPAP). Any right-of-way activities involving property on the Caltrans right-ofway must be conducted in accordance with the current version of the Caltrans Right-ofWay manual.
5.3. Contract Award and Change Orders. Sponsor must comply with state and local agency requirements for the award of any contract(s) for the performance of each Scope of Work and any change orders. As each Scope of Work proceeds, Sponsor must advise the TA of any contracts awarded and change orders as part of the regular progress reporting requirements. Notice of any contracts and change orders provided to the TA will not constitute approval by the TA of the contracts and change orders nor obligate the TA to provide funds in excess of its maximum contribution stated in each Project Supplement.
5.4. Progress Reports. Sponsor will prepare and submit to the TA quarterly progress reports during the entire term of each Scope of Work and covering all Scope of Work activities for work completed during the previous month using the template in Exhibit B or in other formats specified by the TA. The reports must describe:
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a) The current status of, and any changes in, scope, schedule, budget, and funding plans of each Scope of Work and each Project;
b) Any risk factors;
c) The work performed during the previous quarter and projected for the next three months;
d) Scope of Work Costs (as defined in Section 5.8 below) projected to be expended during the next three months; and
e) Any other information requested by the TA.
5.5. Final Report. Within ninety (90) days of Sponsor’s final acceptance of each Scope of Work and all incidental work, Sponsor must prepare and submit to the TA a final report detailing the following and all other relevant information:
a) A description of the Project, including a statement detailing the overall progress and success of the Scope of Work and the Project, a compilation of any data collected during the active phase(s) of the Project, and changes/additions to the scope of the Project.
b) Total costs for the Scope of Work, including an accounting of all Measures A/W Funds expended in connection with the Scope of Work, and reflecting any unexpended Measures A/W Funds.
c) An explanation and the status of any outstanding obligations or potential obligations related to the Scope of Work.
d) A discussion of any pertinent issues or problems that arose during the implementation of the Scope of Work.
e) Any copies of press articles, press releases, newsletter articles and any other publicity materials regarding the Project.
f) Written confirmation or, for the final project phase, a Project Close-out form that no further reimbursements associated with the Scope of Work are anticipated and that all draw-down requests have been made.
g) Photographs for all construction projects that satisfactorily demonstrate: 1) site conditions before the project was implemented; 2) work in progress; and 3) completed improvements.
5.6. Funding Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement for reimbursement of expenditures related to the Scope of Work (Scope of Work Costs). Sponsor will contribute, or provide for the contribution of matching funds as specified in each Project Supplement. Sponsor also will contribute, or provide for the contribution of the entire amount in excess of the total project cost specified in the Project Supplement needed to complete each Scope of Work. The TA’s funding commitment under this Agreement in no way establishes a right for Sponsor to receive additional funding from the TA. All funding obligations of the TA under this
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Agreement are subject to downward adjustment based on actual sales tax receipts for the fiscal years indicated.
Sponsor will assess and confirm its ability to complete the Scope of Work described in each Project Supplement within budget as part of the quarterly reporting requirements established in 5.4, above. Sponsor must further notify the TA between reporting cycles if Sponsor determines that the budget will not be sufficient to complete each Scope of Work. The TA reserves the right to suspend its funding obligation as set forth in applicable Project Supplements upon such notice, and until Sponsor develops a credible funding plan acceptable to the TA to fund and complete the associated Scope of Work.
5.7. Use of Funds.
a) Measures A/W Funds must be used only for direct eligible costs to complete the Scope of Work. The Sponsor is responsible for demonstrating to the TA that the expenses incurred were necessary to deliver each Scope of Work.
Reimbursement for the following costs will require detailed documentation in accordance with generally-accepted accounting principles:
i. Scope of Work phases or components such as stakeholder/public outreach; development of planning studies, project initiation documents (PID), project study reports (PSR), environmental clearance and mitigation for up to three years following project completion, project approval and environmental document (PA&ED), project design, and plans specifications and estimates (PS&E); regulatory agency review; acquisition of right-of-way; construction, and construction management; ii. Sponsor staff time for Scope of Work implementation; iii. Project administration costs for each Scope of Work under this Agreement.
iv. Costs directly tied to the implementation of each Project Scope of Work as more specifically defined in Exhibit C, “Eligible Costs for Reimbursement,” which is attached to this Agreement and incorporated herein by this reference. Eligible costs are defined in greater detail in Exhibit C. If Sponsor wishes to undertake items of work not covered under each Scope of Work concurrent with performing each Scope of Work, the cost for including and undertaking the additional work must be segregated, and the costs borne exclusively by the Sponsor from a nonMeasures A/W Program funding source(s). In the event that an activity is not listed in Exhibit C but Sponsor believes that it is an eligible cost, Sponsor may request that the TA consider reimbursing the Sponsor for the activity. The TA will have sole discretion to grant or deny Sponsor’s requests.
b) The following costs are not eligible for Measures A/W Funds reimbursement:
i. Sponsor’s costs which are unrelated to each Scope of Work; ii. Costs for entering into this Agreement and each Project Supplement;
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iii. Maintenance, rehabilitation, routine operations of each Project or other facilities or programs except as specifically identified in the Scope of Work for each Project Supplement; and
iv. Development of proposals, applications or agreements for Measure A, Measure W, or other funding programs.
5.8. Reimbursement Basis. Unless otherwise specified in the Project Supplement, Sponsor may seek reimbursement for Scope of Work Costs incurred on or after the Execution Date. Scope of Work Costs must be incurred and paid by Sponsor prior to requesting reimbursement from the TA. Sufficient documentation must accompany all requests for reimbursement, including the submittal of all due monthly progress reports.
5.9. Accounting and Request for Reimbursement Procedures. Sponsor, in coordination with and to the satisfaction of the TA, will establish procedures for Scope of Work accounting and requests for reimbursement. These procedures will track and reflect the accumulation of the TA’s pro rata share of Scope of Work Costs. Sponsor will detail the TA’s pro rata share of Scope of Work costs for all work funded under this Agreement with each “Reimbursement Claim Form,” which is attached to this Agreement as Exhibit D and incorporated herein, or in other formats specified by the TA. Sponsor will maintain all necessary books and records in accordance with generally accepted accounting principles.
5.10. Invoices; Payments.
a) Sponsor must prepare and submit billing statements consistent with the Reimbursement Claim Form with all required supporting documentation.
Supporting documentation may include, but is not limited to, copies of vendor invoices, timesheets, backup documentation, checks, and payment advice, and must include an accounting of the TA’s share of costs for the Scope of Work as contemplated by this Agreement.
b) For any property acquisitions for which Sponsor seeks reimbursement from the TA, Sponsor must provide the following supporting documentation for each property:
i. Copies of the final real estate appraisal and any appraisal review conducted on behalf of Sponsor;
ii. For any right-of-way activities involving property on the Caltrans right-ofway, written confirmation that the acquisition process was conducted in accordance with the then-current version of the Caltrans Right-of-Way manual;
iii. A Phase One Environmental Assessment and any recommended additional testing (unless waived by the TA);
iv. Copy of the offer package provided to the property owner(s);
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v. Copy of the Notice of Exemption or other required document for environmental clearance under CEQA/NEPA for the purchase of the property, and evidence of the date of filing such Notice; and vi. Written justification acceptable to the TA of any settlement at an amount higher than the offer.
c) For each voluntary real property transaction, Sponsor must also provide:
i. Copy of the fully executed purchase and sale agreement; ii. Copy of an executed and recorded deed, in a form consistent with the requirements set forth in the then-current Caltrans Right-of-Way manual; iii. Copy of the Policy of Title insurance; and
iv. Copy of the final closing statement from the escrow. d) For each real property acquisition undertaken through condemnation, Sponsor must also provide:
i. Copy of the recorded Final Order of Condemnation; and ii. Copy of the litigation guarantee issued by a title insurer. e) Sponsor must detail the tasks performed, associated costs, and pro rata share of Scope of Work Costs to be borne by the TA with each reimbursement request. f) The TA will endeavor to disburse reimbursements for approved Scope of Work Costs within thirty (30) days after the TA’s approval of each claim, subject to the limits on the TA’s maximum contribution as established in each Project Supplement. The TA’s obligation to reimburse Scope of Work Costs to Sponsor as provided in this Section is conditioned upon the TA’s prompt receipt of quarterly progress reports from Sponsor.
g) Invoices may be submitted, no more frequently than once a quarter, by e-mail to:
[email protected], [email protected], and the designated TA Project Manager at the email address specified in the Project Supplement.
Sponsor must submit a minimum of one reimbursement claim for each fiscal year (July through June) and no more frequently than quarterly. If Sponsor does not submit a reimbursement claim for two consecutive quarters (six months), then Sponsor will be deemed inactive. If the Sponsor does not submit a reimbursement claim within the next two quarters after being deemed inactive then project may be deprogrammed. Sponsor must submit a letter to the TA to seek administrative approval for an exemption.
5.11. Return of Project Cost Savings. Upon submission of the Final Report, if the total Scope of Work Costs are less than the amount specified in the Project Supplement, Sponsor will return to the TA that proportion of the Project cost savings that is equal to
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the percentage of the original Scope of Work budget that consisted of Measure A/W Funds.
5.12. Indemnity by Sponsor.
Sponsor will indemnify, keep and save harmless the TA and its directors, officers, agents and employees against any and all suits, claims or actions related to the performance of this Agreement, each Scope of Work or each Project including, but not limited to, those arising out of any of the following:
a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of each Project or implementation of this Agreement; or
b) Any allegation that materials or services developed, provided or used for each Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.
Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred.
If any judgment is rendered, or settlement reached, against the TA or any of the individuals enumerated above in any such action, Sponsor will, at its expense, satisfy and discharge the same.
This indemnification will survive termination or expiration of the Agreement.
SECTION 6: Additional Terms Applicable to TA-Performed Capital Projects The following additional terms apply when the TA is performing the scope of work for capital projects as described in each Project Supplement (Scope of Work).
6.1. Funding Commitment. The TA will provide in lieu contributions, expenditures on consultants, and/or funds up to the amount specified in each Project Supplement for the Scope of Work tasks specified in the Project Supplement (Scope of Work Costs).
6.2. Cost Savings. Any cost savings of the funds allocated for each Project Supplement will revert to the applicable program for the TA to reallocate to any eligible project through its usual fund programming and allocation activities.
6.3. Insufficient Funding. In the event that additional funding is needed to complete the Scope of Work specified in a Project Supplement, the TA will identify the additional amounts needed and review those estimates with the Sponsor. The Parties will work together to identify potential sources of funding, as well as obtain the necessary funds to complete the Scope of Work for the Project Supplement. If additional funding is needed due to a change in the Project Supplement Scope of Work, as requested by the Sponsor, the TA will identify the additional amounts needed and review those estimates with the Sponsor. In such case, it is the responsibility of the Sponsor to identify the potential sources of funding, as well as obtain the necessary funds to complete the changed Project Supplement Scope of Work. The TA may consider requests for additional funding, but is under no obligation to grant such requests.
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6.4. TA Responsibilities. For purposes of delivering the Scope of Work, the TA agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
a) The TA will perform and complete the Scope of Work, either through its own forces or the use of one or more third-party consultants or contractors. b) The TA will make available to the Project up to the amount(s) specified in the Project Supplement(s) for the Scope of Work.
c) For purposes of delivering the Scope of Work, the TA agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
i. Manage the Scope of Work, including developing and carrying out the Scope of Work on schedule and within budget;
ii. Provide technical oversight for performance of the Scope of Work; iii. Lead coordination with Caltrans and/or other permitting agencies as necessary for the Scope of Work;
iv. Obtain the necessary permits and approvals required for the Scope of Work;
v. Procure and administer the consultant/contractor services to complete the Scope of Work;
vi. Organize and facilitate regular meetings of a Project Development Team (PDT), the Sponsor and representatives from involved local and regional entities to provide input and guidance on the Scope of Work; vii. Keep Sponsor apprised of developments, such as award of contracts or potential changes that may affect the scope, schedule, or budget of the Project or Scope of Work; and
viii. Consult with Sponsor where necessary/appropriate. d) To the extent applicable, the TA will execute an agreement with Caltrans for oversight services associated with the Scope of Work.
e) The TA will prepare and provide to Sponsor status reports including anticipated and expended costs and Scope of Work delivery milestones and schedule forecasts.
f) The TA will review, process, and audit (at its discretion) invoices and other documentation of expenditures for work performed under each Project Supplement. The TA will also track the accumulation and expenditure of funds allocated for Scope of Work, and process other documentation of expenditures in compliance with TA accounting and budgeting requirements.
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6.5. Sponsor Responsibilities. For purposes of delivering the Scope of Work, the Sponsor agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
a) The Sponsor will be responsible for championing the effort of obtaining political and public support for the Project.
b) The Sponsor will be the public face of the Project for purposes of leading outreach efforts to local stakeholders and community members, including coordination of public meetings and solicitation of public comment. c) The Sponsor will provide input and oversight based on local policies and desires regarding the outcome of and deliverables of the Project. d) The Sponsor will actively participate in the PDT meetings related to the Scope of Work.
e) The Sponsor may, at its discretion, review any professional services agreements, change orders and any other agreements that the TA has entered into for the performance of Scope of Work; however the TA retains ultimate authority over contracting and related decisions.
f) The Sponsor may, at its discretion, review the work products and deliverables produced by the TA and/or its contractors/consultants for the Scope of Work, including reports, designs, drawings, plans, specifications, schedules and other materials; however, the TA retains authority to accept or reject contractor/consultant work.
g) The Sponsor will approve or endorse, in writing, the final deliverables or work products produced by the TA and/or its contractors/consultants for the Scope of Work.
h) The Sponsor will review progress reports prepared and provided by the TA. i) The Sponsor may, at its discretion, review and audit invoices and other documentation of the expenditure of funds allocated for the Scope of Work, however the TA retains ultimate authority for expenditure of allocated funds on the Project.
6.6. Indemnification.
a) Each of the Parties will indemnify, hold harmless and defend the other Party and its directors/councilmembers, officers, employees and agents (collectively, "Indemnitees") against all liability, claims, suits, actions, costs or expenses related to performance of the Scope of Work or the Project, including but not limited to those arising from loss of or damage to property, and injuries to or death of any person (including but not limited to the property or employees of each Party) when arising out of or resulting from any act or omission by the indemnifying Party, its agents, employees, contractors or subcontractors in connection with any aspect of the Project, including Project design, construction and/or maintenance.
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b) Each of the Parties will also fully release, indemnify, hold harmless and defend the other Party and Indemnitees from and against any and all claims or suits that may be brought by any of the indemnifying Party's contractors or subcontractors performing work in connection with or related to the Project. c) The indemnifying Party's obligation to defend includes the payment of all reasonable attorneys' fees and all other costs and expenses of suit, and if any judgment is rendered, or settlement entered, against any Indemnitee, the indemnifying Party must, at its expense, satisfy and discharge the same.
Indemnitees may require the indemnifying Party to obtain counsel satisfactory to the Indemnitees.
d) This indemnification will survive termination or expiration of this Agreement.
SECTION 7: Additional Terms Applicable to Shuttle Operations The following additional terms apply to shuttle projects as described in each Project Supplement (Project).
7.1. Sponsor Oversight; Work Plan. Sponsor is responsible for implementation of the Project as described in each Project Supplement. Sponsor assumes responsibility for procuring and administering any professional service and/or other contracts entered into in connection with the Project.
Though Sponsor may appoint a designee or engage contractor(s) to perform work necessary for Project implementation, Sponsor will remain ultimately responsible to the TA for performance of all responsibilities set forth herein.
7.2. Required Approvals. Prior to commencement of each Project, Sponsor or its designee (e.g., a consultant) will obtain all required local, state and federal approvals and permits for Project work. In addition, Sponsor must comply with all federal, state and local laws and regulations applicable to the Project.
7.3. Contract Award and Scope Changes. Sponsor must comply with state and local agency requirements for the award and amendment of any contract(s) for the implementation of each Project. Sponsor must advise the TA in writing (electronic mail is acceptable) as soon as possible of any contracts awarded and any amendments thereto, such as for any changes in service. Notice of any contracts and amendments provided to the TA will not constitute approval by the TA nor obligate the TA to provide funds in excess of its maximum contribution stated in the Project Supplement.
7.4. Monthly & Annual Operations Reports. Within eight (8) calendar days after the end of each month a given Project Supplement is in effect, Sponsor or its agent must submit to the TA a monthly operations report (Operations Report) based on National Transit Database (NTD) reporting requirements, attached as Exhibit E, “National Transit Database Reporting Requirements.” The Operations Report must include such items as the average daily ridership of the Project, and the Project’s total boardings, total revenue miles, hours, vehicles in service, road calls, accidents and any other information pertinent to assess the performance of the service for purposes of local, state or federal reporting requirements for the month just ended. Any monthly service mileage and/or hours that were scheduled, but where service was not operated for any reason, must be
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deducted from monthly reporting totals. An explanation for all lost service miles and/or hours must be included in the monthly report. Sponsor or its agent must review all required reporting for accuracy prior to submittal to the TA. The form of all reports must be determined by the TA. Within eight (8) calendar days of the end of the performance of the work under a Project Supplement, and/or any extension thereof, Sponsor or its agent must submit to the TA an annual report on the same statistics. All Operations Reports must be submitted via Excel spreadsheet or other format as approved by the TA to [email protected] or as specified in the Project Supplement.
7.5. Quarterly Progress Reports. Sponsor must prepare and submit to the TA quarterly progress reports by January 31, April 30, July 31 and October 31 of each year during the entire term of the Project. Reports must be presented in the form provided as Exhibit F, “Quarterly/Annual Shuttle Program Progress Report Form,” which is attached to this Agreement and incorporated herein by this reference, or in other formats specified by the TA. The reports must describe Project performance and expenditures during the previous quarter.
The reports must include actions expected to be taken and any projected changes in the service plan / schedule during the next quarter, and any other information requested by the TA. Additionally, each progress report must include information on any potential issues that may impact any of the performance measures set forth in Exhibit F as well as the ability of Sponsor to meet the conditions outlined in this Agreement.
7.6. Annual Report. By October 1 of each year, Sponsor must provide the TA with an annual report in the form provided as Exhibit F, or in other formats specified by the TA, summarizing the quarterly progress reports from the prior fiscal year.
The reports must include actions expected to be taken and any projected changes in the service plan /schedule for the next year (if the Project is continuing), and any other information requested by the TA. Additionally, each Annual report must include information on any potential issues that may impact any of the performance measures set forth in Exhibit F as well as the ability of Sponsor to meet the conditions outlined in this Agreement for the next year (if the Project is continuing). If the Annual Report is submitted after the second year of the Time of Performance, the Annual Report should include written confirmation that no further reimbursements associated with the Project are anticipated and that all reimbursement requests have been made or are being submitted with the Annual Report.
7.7. Funding Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement for reimbursement of expenditures related to the Project (Project Costs). The Sponsor will contribute, or provide for the contribution of matching as specified in each Project Supplement, as well as the entire amount in excess of TA's allocation needed to implement the Project. The TA’s funding commitment under this Agreement in no way establishes a right for the Sponsor to receive additional funding from the TA.
All funding obligations of the TA under this Agreement are subject to downward adjustment based on actual sales tax receipts for the fiscal years indicated, or if Sponsor receives funding for Project Costs from other sources which allow Sponsor to provide more than the matching funds specified in the Project Supplement over the term of the Agreement.
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The Sponsor will assess and confirm its ability to implement the Project within budget as part of the quarterly reporting requirements established in Section 7.5, above. The Sponsor must further notify the TA between reporting cycles if the Sponsor determines that the budget will not be sufficient to implement the Project. The TA retains authority to suspend its funding obligation as set forth in Section 2.4 of this Agreement upon such notice, and until the Sponsor develops a credible funding plan acceptable to the TA to fund and implement the Project.
7.8. Reimbursement Basis. Sponsor may seek reimbursement for Project Costs incurred on or after the Execution Date. Project Costs must be incurred and paid by the Sponsor prior to requesting reimbursement from the TA. Sufficient documentation must accompany all requests for reimbursement, including the submittal of all due operations and progress reports.
7.9. Accounting and Reimbursement Procedures. Sponsor, in coordination with and to the satisfaction of the TA, will establish procedures for Project accounting and requests for reimbursement. These procedures will track and reflect the accumulation of the TA’s pro rata share of costs for the Project. Sponsor will detail the TA’s pro rata share of Project Costs for all work funded under this Agreement with each “Reimbursement Claim Form” which is attached to this Agreement as Exhibit D and incorporated herein, or in other formats specified by the TA. Sponsor will maintain all necessary books and records in accordance with generally accepted accounting principles.
7.10. Invoices; Payments. Once per quarter following submission of the quarterly progress reports, Sponsor must prepare and submit billing statements consistent with the Reimbursement Claim Form with all required supporting documentation. Supporting documentation may include, but is not limited to, copies of associated vendor invoices, timesheets, backup documentation, checks and payment advice, and must include an accounting of the TA's share of costs for the Project as contemplated by this Agreement.
Claims and supporting documentation for reimbursement may be submitted by e-mail to:
[email protected] and [email protected]
The TA will endeavor to disburse reimbursements for approved Project Costs within thirty (30) days after the TA's approval of each claim, subject to the limits on the TA's maximum contribution as established in the Project Supplement. The TA's obligation to reimburse Project Costs to the Sponsor as provided in this section is conditioned upon the TA’s prompt receipt of reports from Sponsor pursuant to Sections 7.4–7.6, above.
7.11. Indemnity by Sponsor. The Sponsor will indemnify, keep and save harmless the TA (and, if the Project includes shuttle(s) with the Caltrain logo on the vehicle(s) or on any shuttle public information materials, the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City and County of San Francisco, TransitAmerica Services, Inc. or any successor Operator of the Service, and the Union Pacific Railroad Company and each of its/their directors, officers, agents and employees against any and all suits, claims or actions related to the performance of this Agreement including, but not limited to, those arising out of any of the following:
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a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of this Agreement; or
b) Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.
The Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred. If any judgment is rendered, or settlement reached, against the TA or any of the other agencies or individuals enumerated above in any such action, the Sponsor will, at its expense, satisfy and discharge the same.
This indemnification will survive termination or expiration of the Agreement.
SECTION 8: Additional Terms Applicable to All Other Project Supplements for Operations The following additional terms apply to operational projects as described in each Project Supplement (Project).
8.1. Sponsor Oversight; Work Plan. Sponsor is responsible for the completion of the Scope of Work as described in each Project Supplement. Sponsor is responsible for procuring and administering any professional service and/or other contracts entered into in connection with the Scope of Work. Sponsor will oversee completion of the Scope of Work. Sponsor may appoint a designee or engage contractor(s) to perform work necessary for Scope of Work completion, but Sponsor remains responsible to the TA for the completion of the Scope of Work.
8.2. Required Approvals. Prior to commencement of the Scope of Work, Sponsor or its designee (e.g., a consultant) will obtain all applicable local, state and federal approvals and permits for the Scope of Work. In addition, Sponsor must comply with all applicable federal, state and local laws and regulations applicable to the Project.
8.3. Contract Award and Change Orders. Sponsor must comply with state and local agency requirements for the award of any contract(s) for the performance of the Scope of Work and any amendments. As the Scope of Work proceeds, Sponsor must advise the TA of any contracts awarded and amendments as part of the regular progress reporting requirements pursuant to Section 8.4 below. Notice of any contracts and amendments provided to the TA will not constitute approval by the TA of the contracts and amendments nor obligate the TA to provide funds in excess of its maximum contribution stated in the Project Supplement.
8.4. Progress Reports. For each of the projects in the Scope of Work, Sponsor will prepare and submit to the TA quarterly progress reports as the program proceeds and covering all Scope of Work activities for work completed during the previous month using the template in Exhibit B, or in other formats specified by the TA. The reports must describe:
a) The current status of, and any changes in, scope, schedule, budget, and funding plans of the Scope of Work and the Project;
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b) Any risk factors;
c) The work performed during the previous quarter and projected for the next three months;
d) Scope of Work Costs (as defined in Section 8.8, below) projected to be expended during the next three months; and
e) Any other information requested by the TA.
8.5. Closeout. Within ninety (90) days of Sponsor’s final acceptance of the Scope of Work and all incidental work, Sponsor must notify the TA with a final closeout letter detailing the following and all other relevant information: Total costs for the Scope of Work, including an accounting of all Measures A/W expended in connection with the Scope of Work, and reflecting any unexpended Measure A/W Funds.
8.6. Funding Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement related to the Scope of Work (Scope of Work Costs). Funds cannot be transferred between projects without separate approval from the TA. The TA Executive Officer, or designee, can approve funds transfers administratively with a letter.
The TA’s funding commitment under this Agreement in no way establishes a right for Sponsor to receive additional funding from the TA.
8.7. Use of Funds.
a) Measures A/W Funds must be used only for direct eligible costs to complete the Scope of Work. The Sponsor is responsible for demonstrating to the TA that the expenses incurred were necessary to deliver the Scope of Work. b) The following costs are not eligible for reimbursement:
i. Sponsor’s costs which are unrelated to the Scope of Work; ii. Costs for entering into this Agreement;
iii. Maintenance, rehabilitation, routine operations of the Project or other facilities or programs; and
iv. Development of proposals, applications or agreements for Measure A, Measure W, or other funding programs.
8.8. Indemnity by Sponsor.
Sponsor will indemnify, keep and save harmless the TA and its directors, officers, agents and employees against any and all suits, claims or actions related to the performance of the Scope of Work or the Project including, but not limited to, those arising out of any of the following:
a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of this Agreement; or
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b) Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.
Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred.
If any judgment is rendered, or settlement reached, against the TA or any of the individuals enumerated above in any such action, Sponsor will, at its expense, satisfy and discharge the same. This indemnification will survive termination or expiration of the Agreement.
SECTION 9: Miscellaneous
9.1. Access to Records and Record Retention. At all reasonable times, Sponsor will permit the TA access to all reports, designs, drawings, plans, specifications, schedules and other materials prepared, or in the process of being prepared, for each Scope of Work by Sponsor or any contractor or consultant of Sponsor. Sponsor will also make available to the TA upon request any professional service agreements, change orders and any other agreements that are related to each Scope of Work. Sponsor will provide copies of any documents described in this Section to the TA upon request. Sponsor will retain all records pertaining to each Scope of Work for at least three years after completion of each Project.
9.2. Audits. The TA, or its authorized agents, may, at any reasonable time during business hours, conduct an audit of Sponsor’s performance under this Agreement.
Sponsor will permit the TA, or its authorized agents, to examine, inspect, make excerpts from, transcribe or photocopy books, documents, papers and other records of Sponsor which the TA reasonably determines to be relevant to this Agreement.
Sponsor will transmit to the TA the Independent Auditor’s Report prepared for Sponsor’s Annual Comprehensive Financial Report within thirty (30) days of receipt by Sponsor and highlight the section that pertains to the Measures A/W Funds.
9.3. No Waiver. No waiver of any default or breach of any covenant of this Agreement by either Party will be implied from any omission by either Party to take action on account of such default if such default persists or is repeated. Express waivers are limited in scope and duration to their express provisions. Consent to one action does not imply consent to any future action.
9.4. Assignment. Parties are prohibited from assigning, transferring or otherwise substituting their interests or obligations under this Agreement without the written consent of all other Parties.
9.5. Governing Law. This Agreement is governed by the laws of the State of California as applied to contracts that are made and performed entirely in California.
9.6. Compliance with Laws. In performance of this Agreement, the Parties must comply with all applicable Federal, State and local laws, regulations and ordinances.
9.7. Accessibility of Services to Persons with Disabilities. The Project implementation must comply with, and not subject the TA or Sponsor to liability under, the Americans
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with Disabilities Act, the California Disabled Persons Act, or any other state or federal laws protecting the rights of persons with disabilities.
9.8. Modifications. This Agreement may only be modified in a writing executed by both Parties.
9.9. Attorneys’ Fees. In the event legal proceedings are instituted to enforce any provision of this Agreement, the prevailing Party in said proceedings is entitled to its costs, including reasonable attorneys’ fees.
9.10. Relationship of the Parties. It is understood that this is an Agreement by and between Independent Contractors and does not create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship other than that of Independent Contractor.
9.11. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, studies, memoranda, and other documents assembled for or prepared by or for, in the process of being assembled or prepared by or for, or furnished to Sponsor under this Agreement, are the joint property of the TA and Sponsor, and will not be destroyed without the prior written consent of the TA. The TA is entitled to copies and access to these materials during the progress of the Project and upon completion or termination of the Project or this Agreement. Sponsor may retain a copy of all material produced under this Agreement for its use in its general activities. This Section does not preclude additional shared ownership of work with other entities under contract with Sponsor for funding of the Project.
9.12. Non-discrimination. Sponsor and any contractors performing services on behalf of Sponsor will not discriminate or permit discrimination against any person or group of persons on the basis of race, color, religion, national origin or ancestry, age, sex, sexual orientation, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status, or in any manner prohibited by federal, state or local laws.
9.13. Attribution to the TA. Sponsor must include attribution that indicates work was funded with “Measure A Funds” or “Measure W Funds” or “Measures A/W Funds from the TA." This provision applies to any project, or publication, that was funded in part or in whole by “Measure A Funds” or “Measure W Funds” or “Measures A/W Funds." Acceptable forms of attribution include TA branding on Project-related documents, construction signs, public information materials, and any other applicable documents.
Sponsor must comply with the TA's External Attribution Guide which may be updated from time to time and will be available on the TA's website.
9.14. Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon is authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.
9.15. Severability. If any portion of this Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining portions of this Agreement, or the application thereof, will remain in full force and effect.
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9.16. Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.
9.17. Counterparts. This Agreement may be executed in counterparts.
9.18. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to its subject matter and supersedes any prior or contemporaneous written or oral agreement between the Parties on the same subject.
IN WITNESS WHEREOF, the Parties have hereunder subscribed their names as of the last date written below (Execution Date).
TOWN OF PORTOLA VALLEY]
By:
Name:
Its:
Date:
Approved as to Form:
Legal Counsel for the Town of Portola Valley]
Date:
SAN MATEO COUNTY TRANSPORTATION
AUTHORITY
By:
Name: April Chan
Its: Executive Director
Date:
Approved as to Form:
Legal Counsel for the TA
Date:
Exhibit A: Form of Project Supplements
Exhibit B: Progress Reporting Template
Exhibit C: Permissible Costs for Reimbursement
Exhibit D: Reimbursement Claim Form
Exhibit E: National Transit Database Reporting Requirements Exhibit F: Quarterly/Annual Shuttle Program Progress Report Form
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Exhibit A: Form of Project Supplements
SECTION A: Primary Agreement
The San Mateo County Transportation Authority (TA) and [Town of Portola Valley] (Sponsor) entered into a Primary Grant Agreement on ________, 20__ (Primary Agreement).
This Project Supplement is entered into on ________, 20__ pursuant to the Primary Grant Agreement and is subject to the terms set forth therein.
SECTION B: Project Background
Measure(s):
☐ Original Measure A
☐ New Measure A
☐ Measure W
Program Category:
Measure A Measure W
☐ Transit
☐ Highways
☐ Local Streets/Transportation
☐ Grade Separations
☐ Pedestrian and Bicycle
☐ Alternative Congestion Relief Programs
☐ Countywide Highway Congestion
Improvements
☐ Local Safety, Pothole & Congestion Relief
Improvements – Local Investment Share
☐ Local Safety, Pothole & Congestion Relief
Improvements – Grade Separation
☐ Bicycle and Pedestrian Improvements
☐ Regional Transit Connections
Program Subcategory (if applicable):
Project: [Add project name]
Scope of Work: [Specify phase(s)]
Scope of Work Costs: [Specify amount programmed and allocated for each phase] TA Technical Assistance (if applicable):
Date Funding Programmed:
Date Funding Allocated:
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Applicable Resolutions (attached):
Additional Terms: The following Agreement Section(s) apply to this Project Supplement:
☐ Section 5 (Additional Terms Applicable to Sponsor-Performed Projects) ☐ Section 6 (Additional Terms Applicable to TA-Performed Projects) ☐ Section 7 (Additional Terms Applicable to Shuttle Operations) ☐ Section 8 (Additional Terms Applicable to All Other Project Supplements for Operations)
SECTION C: Invoices; Payments [ALTERNATIVE CLAUSE TO AGREEMENT SECTION
5.10(a) – DELETE IF NOT APPLICABLE]
Section 5.10(a) of the Agreement does not apply to this Project Supplement. Instead, the TA will make one upfront lump sum payment of $_______ to the Sponsor to complete the Scope of Work.
SECTION D: Matching Funds
Sponsor will contribute, or provide for the contribution of, the entire amount in excess of $________ needed to complete the Scope of Work [and must provide at least __% pro rata share of the Scope of Work Costs.]
OR
Sponsor agrees to contribute the matching funds to the TA in one upfront lump sum payment of $________ (Matching Funds) following Sponsor's approval of an invoice from TA describing the expenses to which the Matching Funds will be applied, subject to the following terms and conditions:
TA agrees that the Matching Funds are to be expended solely for the Project and agrees to: (i) prioritize application of the Matching Funds to expenses under the Scope of Work with the objective of utilizing all of the Matching Funds not later than _________; (ii) promptly return to Sponsor any and all unspent Matching Funds upon termination of the Project Supplement, or, absent termination, that have not been expended for the Project by _________.
SECTION E: Description of Scope of Work
Sponsoring Agency:
Lead/Implementing Agency:
Contact:
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Project Description and Scope of Work:
Project Schedule:
Begin End
Project Budget/ Source of Funding:
Include funding plan for the project defined above, including use of TA Technical Assistance if applicable
* The other fund sources are provided for informational purposes.
Operating Responsibility:
Maintenance Responsibility:
Project Implementation Responsibility:
Project Oversight Responsibility:
SECTION F: Third Party Roles
1. Third Party Roles. The [THIRD PARTY] is responsible for [LIST ALL RELEVANT RESPONSIBILITIES] for the Project.
2. Caltrans Roles. Caltrans as owner operator of the facility proposed for modification is responsible for reviewing and approving the [RELEVANT DOCUMENTS] for the Project.
3. Other Agreements. A Cooperative Agreement must be executed between Caltrans and the TA that lists the terms and conditions, roles and responsibilities and fee payment associated with Caltrans’ review and approval of the [RELEVANT DOCUMENTS].
SECTION G: Time of Performance
1. Time of Performance. The Scope of Work must be completed no later than the end of __ quarter, Fiscal Year 20__-20__ (the TA's fiscal year runs July 1 through June 30).
2. Timely Use of Funds. Sponsor must expend Measures A/W funds expeditiously. If Sponsor fails to invoice the TA for two consecutive quarters, the TA will require a meeting with Sponsor’s executive and Project staff to review project progress. A Project Supplement found to be non-compliant with this requirement may be terminated for default by the TA.
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SECTION H: Notice
Notices. All notices required or permitted to be given under this Agreement, be in writing and delivered by email to the addresses specified below. Notices will be deemed given when the email was sent. A recipient’s failure to acknowledge receipt of the emailed notice will not affect the effectiveness of notice if (a) the sender can show that the notice was properly addressed and sent by email, and (b) the sender did not receive any email system notification that the email could not be delivered.
To TA: San Mateo County Transportation Authority
1250 San Carlos Avenue
P.O. Box 3006
San Carlos, CA 94070-1306
Attn: TA Secretary and Executive Director
Emails:
To Portola Valley: Town of Portola Valley]
765 Portola Road
Portola Valley, CA 94028
Attn: Town Manager
Email:
In 2025, the TA plans to relocate its administrative building to 166 N. Rollins Road in Millbrae, California and when that occurs, the TA’s address will be at that location.
SECTION I: Insurance [The TA and Sponsor will determine what types and levels of insurance are required for each Project Supplement]
The following types of insurance are required for this Project Supplement. See Section 6 of the Primary Agreement for additional requirements.
Insurance Type Required Coverage Amount
Workers’
Compensation and
Employer’s Liability
Insurance
Yes Statutory limits for Workers’ Compensation and
at least $1 million for Employers Liability.
Commercial General
Liability Insurance
Yes [$1/5/10 million]
• For all projects: $1M for Project Planning,
Project Initiation, Project Approval &
Environmental Design and Right of Way
Phases and for operations.
• For capital projects with budgets of up to
$10M (e.g., road widening): $1M for Design
and Construction Phases.
• For capital projects with budgets between
$10M and $40M (e.g., freeway
interchange): $5M for Design and
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Construction Phases.
• For capital projects with budgets of $40M
or more: $10M limits for Design and
Construction Phases.
Business Automobile
Liability Insurance
Yes [$1/5/10 million]
• For all projects: $1M for Project Planning,
Project Initiation, Project Approval &
Environmental Design and Right of Way
Phases.
• For capital projects with budgets of up to
$10M (e.g., road widening): $1M for Design
and Construction Phases.
• For capital projects with budgets between
$10M and $40M (e.g., freeway
interchange): $5M for Design and
Construction Phases.
• For capital projects with budgets of $40M
or more: $10M limits for Design and
Construction Phases.
• For operations projects: $10M
Property Insurance Yes
Professional Liability
Insurance
[Yes/No] [$1/2/5 million]
For most projects with professional liability
exposure, such as consulting: At least $1
million
For capital projects with some design: At
least $2 million.
For capital projects with significant design:
At least $5M.
Cyber Liability
Insurance
[Yes/No] If contract deals with Personally Identifiable Information (PII): At least $1 million and part of
the Professional Liability Insurance program.
Crime Insurance [Yes/No] If Entity’s employees have access to funds, securities and other property: At least
$250,000 for Employee Dishonesty Insurance
and $250,000 for Third-Party/Client Property.
If Entity has access to significant funds,
securities or other property: Limits should
reflect cumulative exposure.
Contractors’ Pollution
Liability Insurance
and/or Environmental
[Yes/No] At least $1 million
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Liability Insurance
Railroad Protective
Liability Insurance
[Yes/No] At least $2 million per occurrence and $6 million annual aggregate
IN WITNESS WHEREOF, the Parties have hereunder subscribed their names as of the last date written below.
TOWN OF PORTOLA VALLEY
By:
Name:
Its:
Date:
Approved as to Form:
Legal Counsel for the Town of Portola Valley
Date:
SAN MATEO COUNTY TRANSPORTATION
AUTHORITY
By:
Name: April Chan
Its: Executive Director
Date:
Approved as to Form:
Legal Counsel for the TA
Date:
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Exhibit B: Progress Reporting Template
REPORTING PERIOD: FROM mm/dd/yyyy TO mm/dd/yyyy
SMCTA Project # 00XXX – [Project Title/Phases]
[Carryover to additional pages as necessary]
Contact: [Name, Title, Phone, email, address]
1) Scope:
[Describe Scope of Work here, specify Project limits, phases of Project. Identify the [Original Measure A and/or New Measure A and/or Measure W] funded components]
Status Summary: [Provide Status]
Issues: [List any issues, i.e. potential scope changes] ____________________________________________________________________________ 2) Schedule: Original Baseline Current Baseline Current Forecast Major Milestones: Start Finish Start Finish Start Finish [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY Progress This Reporting Period:
[Describe progress and activities]
[Original Measure A and/or New Measure A and/or Measure W] Funds Expended This Reporting Period: $ Future Activities, Next Reporting Period:
[Describe planned future activities]
Projected [Original Measure A and/or New Measure A and/or Measure W] Funds Expenditure Next Reporting Period: $ Issues: [List any issues, such as impacts to schedule]
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_______________________________________________________________________ 3) Scope of Work Total Budget:
____________________________________________________________________________ 4) Scope of Work [Original Measure A and/or New Measure A and/or Measure W] Budget:
Phase/Activity
A B C D E F
Original allocation
(per Project
Supplement)
Current
allocation (Per
Amendments)
Change in
allocation from
Project
Supplement (B-A)
Total
Measure
[A/W]
Expended to
date
% of
current
allocation
expended
(D/B)
% of Work
Completed
#DIV/0!
#DIV/0!
#DIV/0!
Total Scope of
Work $0 $0 $0 $0 #DIV/0!
Issues: [List any issues, i.e. potential cost increases] ____________________________________________________________________________ 5) Funding: [List additional sources as needed, Fill out the following matrix for each phase for the Scope of Work. i.e. environmental, design, etc.]
Issues: [List any issues such as changes in non-Measure [A/W] funding] Submit Progress Reports To: [email protected] or
SMCTA
Planning & Development
1250 San Carlos Avenue
San Carlos, CA 940701
1 In 2025, the TA plans to relocate its administrative building to 166 N. Rollins Road in Millbrae, California and when that occurs, the TA’s address will be at that location.
A B C D E F
Phase/Activity
Original Budget
(per Funding
Agreement)
Updated Cost
Estimate
Total Change
from Approved
(B-A)
Total Expended
to Date
% of Revised
Budget
Expended
(D/B)
% of Work
Completed
- 0.00% 0.00%
- 0.00% 0.00%
- 0.00% 0.00%
Total Project - - - - #DIV/0!
Original Original % Current Current %
Estimated at
Completion EAC %
SMCTA #DIV/0! #DIV/0! #DIV/0!
Others:
Federal (specify) #DIV/0! #DIV/0! #DIV/0!
State (specify) #DIV/0!
Other (specify)
Total - #DIV/0! - #DIV/0! - #DIV/0!
Contribution Contribution Contribution
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Exhibit C: Eligible Costs for Reimbursement
Program / Promotions – activities pertaining to marketing/promotional programs detailed in the Scope of Work.
Planning – activities necessary to implement planning studies covered under the Scope of Work.
Project Initiation Documents (PID) – activities necessary to complete PIDs covered under the Scope of Work.
Environmental Studies – environmental studies costs, including determination of the appropriate environmental document, preparation of all preliminary engineering for each alternative, including geomantic layouts, determination of right-of-way needs, environmental technical studies (such as air, noise, energy, cultural resources and hazardous waste), and all other studies or activities necessary to prepare and finalize the appropriate documents for Project and environmental approval.
Design – design activities such as preparation of design studies; materials and foundation reports; drainage, hydrology and hydraulic reports; surveying and mapping; preparation of the plans, specifications and estimate; preparation of bid documents and Project files; preparation of permit applications and maintenance agreements; coordination of agency reviews and any other activities necessary to prepare final plans specifications and estimate (PS&E) for bid advertisement and award; and management oversight of these tasks except as limited in the Agreement.
Right-of-Way Acquisition – all activities related to right-of-way including determination of rightof-way needs; title searches; preparation of appraisal maps, legal descriptions and plat maps; parcel appraisals and appraisal reviews; hazardous materials testing and analysis; preparation of right-of-way acquisition documents; activities involved with acquiring rights-of-way including negotiation with property owners and cost associated with condemnation proceedings (including legal costs, expert witness costs, etc., but not including costs related to claims for inverse condemnation), right-of-way capital costs and cost-to-cure impacts related to the acquisition. To the extent allowed by law, Sponsor will undertake all best efforts so that cleanup of existing hazardous materials will remain the liability of the property owner.
Services provided for right-of-way activities involved with property not necessary for the Measure A or Measure W Highway Program-funded Project as defined in the Scope of Work, and the associated costs for all such property, will be at the sole expense of the Sponsor.
Any property not used for construction of the Project, or used for any purpose other than construction of the Project as defined in the Scope of Work, should be identified and the funding agencies should be informed. Any excess right-of-way will be identified as early as possible in the Project design process and sold. The proceeds from the sale of such property must be returned to the funding agencies, prorated based on the percentage of funds each agency contributed to the purchase of the property.
Construction – construction expenditures for the Project (construction capital, management and inspection, surveys, public outreach, and related activities) that are part of the Scope of Work agreed to by the TA. Sponsor must submit all change orders over $50,000 to the TA for
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review and written approval before the TA will reimburse the Sponsor with Measure A Funds or Measure W Funds.
In addition, Measures A and W Funds are eligible for reimbursement of Sponsor’s Project management oversight expenses associated with the construction of the Project. This would include activities such as construction management inspection, expenses associated with reviewing proposed change orders, and activities involved with submitting final costs to the appropriate agencies to secure other leveraged funds. Expenditure of Measure A and Measure W Funds remains subject to the limits set forth in the Agreement.
The Sponsor may include additional work beyond the Scope of Work for the Project at its own expense. The TA will require these costs to be segregated from the other item work expenses and paid for with non-Measure A or Measure W Highway Program funds.
Miscellaneous – fees from other agencies, including permit fees or reimbursement for review or oversight costs needed for the Project are eligible costs. However, the cost of permits or fees from the Project Sponsor will not be eligible. Utility relocation costs are eligible for reimbursement according to previous agreements establishing rights for those utilities. The costs for specialized equipment for testing, analysis or production of documents for Projectrelated work are also eligible.
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Exhibit D: Reimbursement Claim Form
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Exhibit E: National Transit Database Reporting Requirements The NTD was established by Congress to be the Nation’s primary source for information and statistics on the transit systems of the United States. Recipients or beneficiaries of grants from the Federal Transit Administration (FTA) under the Urbanized Area Formula Program (§5307) or Other than Urbanized Area (Rural) Formula Program (§5311) are required by statute to submit data to the NTD. Over 660 transit providers in urbanized areas currently report to the NTD through the Internet-based reporting system. Each year, NTD performance data is used to apportion over $5 billion of FTA funds to transit agencies in urbanized areas (UZAs). Annual NTD reports are submitted to Congress summarizing transit service and safety data.
Below is a partial list of reported elements that may change at any time. For additional information, please go to the National Transit Database website at:
https://www.transit.dot.gov/ntd.
a) Deadhead (Miles/Hours): The miles and hours that a vehicle travels when out of revenue service.
i) Deadhead includes:
1) Leaving or returning to the garage or yard facility; 2) Changing routes;
3) When there is no expectation of carrying revenue
passengers;
ii) However, deadhead does not include:
1) Charter service;
2) School bus service;
3) Operator training;
4) Maintenance training;
b) Fuel Consumed: The quantity of fuel consumed for the service (by fuel type);
c) Mechanical System Failure - Major: A failure of some mechanical element of the revenue vehicle that prevents the vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip because actual movement is limited or because of safety concerns; d) Mechanical System Failure - Other: A failure of some other mechanical element of the revenue vehicle that, because of local agency policy, prevents the revenue vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip even though the vehicle is physically able to continue in revenue service. Any mechanical problem that delayed service more than five minutes, even if no Road Call was required;
e) Passenger Miles Traveled (PMT): The cumulative sum of the distances ridden by each passenger;
f) Reportable Incident: A safety or security incident occurring on transit property or otherwise affecting revenue service that results in one or more of the following conditions:
i) A fatality confirmed within 30 days of the incident; ii) An injury requiring immediate medical attention away from the scene for one or more persons;
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iii) Property damage equal to or exceeding $25,000;
iv) An evacuation for life safety reasons; or
v) A mainline derailment.
g) Revenue Service (Miles, Hours, and Trips): The time when a vehicle is available to the general public and there is an expectation of carrying passengers. Vehicles operated in fare free service are considered in revenue service.
i) Revenue service includes:
1) Layover / recovery time.
ii) Revenue service excludes:
1) Deadhead
2) Vehicle maintenance testing
3) School bus service, and
4) Charter service.
h) Total Service (Miles or Hours): The time or miles from when a transit vehicle starts (pull-out) from a garage to go into revenue service to the time or miles it returns to the garage (pull-in) after completing its revenue service.
i) Since total service covers the time or miles between:
1) Pullout; and
2) Pull-in;
ii) It therefore includes both:
1) Deadhead; and
2) Revenue service;
i) Unlinked Passenger Trips (UPT): The number of passengers who board public transportation vehicles. Passengers are counted each time they board vehicles no matter how many vehicles they use to travel from their origin to their destination.
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Exhibit F: Quarterly/Annual Shuttle Program Progress Report Form
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Tony McFarlane, Finance Director
DATE: February 26, 2025
RE: Shady Trail Renovation Project
RECOMMENDATION
Staff recommends that the Town Council adopt a Resolution approving the Shady Trail Renovation Project and acceptance of donations from residents to cover the cost of the project.
BACKGROUND
Shady Trail is an easement on the south side of Westridge Creek. The trail is open to equestrian and hikers alike. There is severe erosion due to heavy rain on a well-traveled part of the trail that needs to be mitigated. In January, members of the Open Space and Trails & Paths Committees met with the Town Engineer and Public Works staff for site observation and investigation.
Several options were discussed including the following,
1. Mechanically Stabilized Retaining Wall
2. Block Retaining Wall
3. Round Log Retaining Wall
4. Use Existing Dead Trees/Wood in the Proximity for Retaining Wall The Town Engineer recommended Option 4 as the best alternative due to conformity to the surrounding area, cost, minimal disruption, and least disturbance to the environment. A proposal was received from O.Nelson & Son, Inc estimating the cost at $14,537 plus a 20% contingency. This proposal is valid until March 30, 2025.
The Morganthaler and Lipman families have pledged $20,000 to cover the cost of this project. The families have also stated that any surplus funds remaining from this donation
TOWN OF PORTOLA VALLEY
STAFF REPORT
Shady Trail Renovation Project February 26, 2025
to be used for additional repairs to the trail. They have also expressed a willingness to be open to an additional donation request if such work is deemed necessary.
The proposed Donation Acceptance Policy was discussed at the Council’s last meeting.
There was an inquiry about a “return policy”, in other words, what does the Town do with any surplus of donated funds? The proposed Donation Acceptance Form, attachment 3, has been amended to allow the donor to designate the disposition of surplus funds, if any.
As stated earlier, for this specific project, the donors have stated that any surplus funds be used for additional repairs along the trail.
The Town Council is being asked to take two actions for this item. The first action is to approve the Shady Trail Renovation Project. This will allow staff to take all necessary steps to execute the contract and proceed with the project. The second action authorizes staff to accept the pledged donations for this project. This second action is needed due to the absence of an adopted Donation and Gift Acceptance Policy.
Going forward, the steps taken to bring this project to fruition will be documented and used as a guide for future donor funded projects and will be included in the proposed Donation and Gift Acceptance policy.
ATTACHMENT
1. Resolution
2. Proposal and Quote
3. Donation Acceptance Form
1 RESOLUTION NO. 2961-2025
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF PORTOLA VALLEY
APPROVING THE SHADY TRAIL RENOVATION PROJECT AND ACCEPTANCE OF
DONATIONS
WHEREAS, a segment of the Shady Trail has been washed out and is considered hazardous and in need of immediate repair, and; WHEREAS, members of the Trails & Paths and Open Space committees met with staff to discuss renovation options, and;
WHEREAS, a quote for the renovation from O. Nelson and Son, Inc. was obtained estimating costs of $15,000 plus a 20% contingency, and; WHEREAS, residents of Portola Valley have pledged $20,000 to cover the cost of the renovations, and;
WHEREAS, Council action is required to approve the project and, absent an adopted Donation Policy, authorizes acceptance of the pledged donations.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley:
Section 1. Approves the Shady Trail Renovation Project, Section 2. Authorizes Staff to accept the pledged donations in the amount of $20,000.
PASSED AND ADOPTED this 26th day of February 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: _______________________________
Judith Hasko, Mayor
ATTEST:
_________________________
Town Clerk
EXHIBIT A
Town of Portola Valley
Donation and Gift Acceptance Form
Proposed February 12, 2025
Note: The Town of Portola Valley cannot guarantee future funding for repair, maintenance, use or replacement of donated items.
Name of Donor: ________________________________________________________ Address: _________________________ City: __________ State: _______ Zip: ______ Description of Donation: __________________________________________________ ______________________________________________________________________ Donor Estimate of Current Value: ___________________________________________ Potential immediate or initial acquisition or installation cost, any ongoing maintenance or replacement cost (Tangible property only): ___________________________________ ______________________________________________________________________ Intended Use: __________________________________________________________ ______________________________________________________________________ Conditions of acceptance or donor designation: ________________________________ ______________________________________________________________________ Disposition of surplus funds, if any:__________________________________________ ______________________________________________________________________ Town Department receiving Donation: _______________________________________
APPROVED/DISAPPROVED
_______________________ ___________________________
Date Department Head Signature
_______________________ ___________________________
Date Town Manager Signature
_______________________ ___________________________
Date Submitted to Council Date Approved by Council
_______________________ ___________________________
Date Mayor Signature
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Corie Stocker-Pedalino, Assistant Town Manager
Elizabeth Martelli, Administrative Analyst
DATE: February 26, 2025
RE: Appointment to the Emergency Preparedness and Wildfire Preparedness Committees
RECOMMENDATION
Staff recommends that the Town Council accept the appointment of Kim Cashin to both the Emergency Preparedness Committee and the Wildfire Preparedness Committee.
BACKGROUND/DISCUSSION
Community member, Kim Cashin, submitted applications to join two (2) Town Council Brown Act Advisory Committees, Emergency Preparedness and Wildfire Preparedness Committees.
Both committee chairs received her application and supported the appointment.
FISCAL IMPACT
There is no fiscal impact related to the committee appointments.
ATTACHMENT
1. Kim Cashin application
TOWN OF PORTOLA VALLEY
STAFF REPORT
To give you some background, I am an emergency management professional with two decades of experience working in the Bay Area at the local, State and Federal levels of government. I have experience developing disaster preparedness and response plans, trainings, drills and exercises for fire, law and EMS stakeholders.
Most recently, I have completed developing emergency operations plans for Napa and St. Helena, as well as the evacuation plan for St. Helena. I am certified in the Incident Command System at the highest level and I have experience at incident command sites, and emergency operations centers for Santa Clara, San Mateo and San Francisco Counties.
Given the recent fires in LA, I would like to bring lessons learned, combined with my experience and support to Portola Valley.
My husband and I have been residents in Portola Valley for 15 years. We have two children who have risen in the Portola Valley School District. I have a decade of experience volunteering with both schools and I have a successful history of leadership and engaging with community members. Further, I have 20 years of experience volunteering at Stanford and Lucile Packard hospitals.
Please consider my experience to join your committee. I look forward to the opportunity to speak with someone soon.
Thank you,
Kimberley Cashin
Do you have any personal or financial interest that could be perceived by others as a conflict of interest relative to your service on the committee? If so, please describe.
None.
TIME COMMITMENT: Generally committees meet monthly and require a significant time commitment and participation at regular meetings. Please consider this level of commitment when evaluating your interest in serving on one of the Town's Committees.
Thank you,
Portola Valley, CA
This is an automated message generated by Granicus. Please do not reply directly to this email.
Home Phone (650) 208-1556
Other Phone Not answered
Emergency Preparedness Not answered
Preferred Phone Contact Number
(○) Cell
Please state why you have an interest in this committee, and state any background or experience you may have that may be useful in your service to this committee.
Hello! I am interested in joining the Emergency Preparedness Committee if there is a vacancy available.
To give you some background, I am an emergency management professional with two decades of experience working in the Bay Area at the local, State and Federal levels of government. I have experience developing disaster preparedness and response plans, trainings, drills and exercises for fire, law and EMS stakeholders.
Most recently, I have completed developing emergency operations plans for Napa and St. Helena, as well as the evacuation plan for St. Helena. I am certified in the Incident Command System at the highest level and I have experience at incident command sites, and emergency operations centers for Santa Clara, San Mateo and San Francisco Counties. Given the recent fires in LA, I would like to bring lessons learned, combined with my experience and support to Portola Valley.
My husband and I have been residents in Portola Valley for 15 years. We have two children who have risen in the Portola Valley School District. I have a decade of experience volunteering with both schools and I have a successful history of leadership and engaging with community members. Further, I have 20 years of experience volunteering at Stanford and Lucile Packard hospitals.
Please consider my experience to join your committee. I look forward to the opportunity to speak with someone soon.
Thank you,
Kimberley Cashin
Do you have any personal or financial interest that could be perceived by others as a conflict of interest relative to your service on the committee? If so, please describe.
None.
TIME COMMITMENT: Generally committees meet monthly and require a significant time commitment and participation at regular meetings. Please consider this level of commitment when evaluating your interest in serving on one of the Town's Committees.
Thank you,
Portola Valley, CA
This is an automated message generated by Granicus. Please do not reply directly to this email.
___________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Tony McFarlane, Finance Director
DATE: February 26, 2025
RE: Mid-Year Budget Update
RECOMMENDATION:
1. Receive and accept the Mid-Year Budget update.
REPORT SUMMARY
In June 2024, the Town Council adopted a preliminary budget projecting a $2.9 million deficit for the General Fund and gave staff direction to return with a revised budget in September 2024. After this action, it was determined that the General Fund’s beginning fund balance of $5.4 million was calculated incorrectly and revised to an estimated $1.9 million. The reason for the miscalculation is that actual revenues and expenses had not been factored into fund balance for the three previous fiscal years due to not having completed financial audits since Fiscal Year 2020-21. In November 2024, the Town Council adopted a balanced revised budget.
The purpose of the Mid-year Budget Update is to give the Town Council an opportunity to review the performance of all funds, make any adjustments if necessary, and help shape the development of next year’s budget. It is an essential element in maintaining financial stability and increases budget transparency. Items being considered for the development of next year’s budget include, but are not limited to,
1. Council Goals & Priorities (March 2025)
2. Appropriate staffing levels (FTE)
3. Staff Development
4. Recruitment and Retention Challenges
5. Use of Consultants
6. Review of Capital Improvement Plan
7. Long-term Financial Planning (Fiscal Forecast)
This update reports on budget to actual results for the six months ended December 31, 2024, and will focus primarily on the General Fund.
TOWN OF PORTOLA VALLEY
STAFF REPORT
Mid-Year Budget Update
February 26, 2025
General Fund
Results from the first half of the fiscal year ending December 31, 2024, show the General Fund ending with a deficit of (8,564).
Revenues for the six-month period are $3.84 million and 51.3% of the annual budget.
Planning division revenues have already exceeded budget estimates, however, building revenues are at 30% of the annual budget. Building revenues are anticipated to pick up in the second half as the backlog of permits to be issued is being reduced and inspection activity will increase. Trends for the remaining divisions anticipate total revenues exceeding budget.
Revenues Expenses Revenues Expenses Revenues Expenses
110 Town Council - 60 - 3,000 - 2,940
115 Town Committees - 28,077 - 35,050 - 6,973
120 Town Manager - 632,710 - 1,033,008 - 400,298
125 Town Attorney - 101,331 - 245,000 - 143,669
130 Town Clerk - 123,785 - 143,838 - 20,053
140 Finance - 339,915 - 894,405 - 554,490
210 Police Services - 846,659 - 1,693,317 - 846,659
220 Fire Services - 151,937 - 305,700 - 153,763
230 Dispatch Services - 37,576 - 75,151 - 37,576
310 Plannning Division 162,925 388,754 117,900 716,546 (45,025) 327,792 320 Building Division 271,333 162,544 892,200 442,213 620,867 279,669 330 Code Compliance - 12,683 - 30,000 - 17,317
410 Community Hall 46,762 48,358 91,130 90,680 44,368 42,322 420 PW - Parks & Fields 44,801 35,393 64,000 97,000 19,199 61,607 510 PW - Streets, Facilities, Engineerig 15,110 412,814 44,000 701,968 28,890 289,153 610 Non-departmental 3,299,285 526,183 6,270,555 839,219 2,971,270 313,036 Subtotal 3,840,215 3,848,779 7,479,785 7,346,094 3,639,570 3,497,316 Transfers In/Out
Operating - - 133,691 - 133,691
Capital - - - - -
Total - General Fund 3,840,215 3,848,779 7,479,785 7,479,785 3,639,570 3,631,007 Surplus / Deficit (8,564) 0
Actuals Budget Difference
Category Amount Budget BBA Perc
Property Taxes 2,267,297 4,231,055 1,963,758 53.59%
Sales & Use Tax 161,962 350,000 188,038 46.27%
Utility Users Tax 588,123 945,000 356,877 62.24%
Business License Tax 41,206 125,000 83,794 32.96%
Franchise Fees 158,897 405,000 246,103 39.23%
Fines & Forfeitures 1,708 2,000 292 85.41%
Licenses & Permits 80,644 292,900 212,256 27.53%
Intergovernmental - 5,500 5,500 0.00%
Charges for Services 409,744 835,200 425,456 49.06%
Use of Money & Property 125,673 284,530 158,857 44.17%
Miscellaneous 4,962 3,600 (1,362) 137.83%
Transfers In - - - 0.00%
Total 3,840,215 7,479,785 3,639,570 51.34%
Mid-Year Budget Update
February 26, 2025
The remaining budget balance available for revenue is approximately $3.64 million.
Expenses totaled $3.85 million and are 51.5% of the annual budget. Although salaries are slightly over 58% of the annual budget, the number of current FTEs has been reduced by 3 in comparison to the first few months of the fiscal year. These frozen positions include Senior Management Analyst, Engineering Technician, and Administrative and Operations Specialist. Salaries and benefits are anticipated to be below budget by the end of the fiscal year. However, the balance to provide services between staff and consultants will place some strain on the services budget line.
Consultant costs are cumulatively in-line currently, however legal, planning, and town clerk costs may exceed their budget line items and may offset any budget savings from salaries and benefits. The budget will be managed to the bottom line and is anticipated to mirror the results of the first half of the fiscal year.
The remaining budget balance available for expense is approximately $3.63 million.
Revenue Categories
Property tax revenue is currently 54% of the annual budget. Revenue is anticipated to exceed budget for the fiscal year. The second installment of Property Tax is due in May 2025. There is on-going analysis to determine if the town is receiving its full TEA allocation of 7%.
Sales tax revenue is anticipated to meet budget.
Category Amount Budget BBA Perc
Salaries 1,298,598 2,224,921 926,323 58.37%
Benefits 374,536 772,785 398,250 48.47%
Services 2,152,749 4,296,341 2,143,592 50.11%
Development 22,897 52,047 29,150 43.99%
Transfers Out - 133,691 133,691 0.00%
Total 3,848,779 7,479,786 3,631,007 51.46%
Actuals Budget BBA
Property Taxes
(41111) Property Taxes - Secured 1,476,079 3,240,297 1,764,218 (41112) Property Taxes - Unsecured 118,957 132,512 13,555 (41121) ERAF 163,731 250,000 86,269
(41122) VLF 394,727 450,000 55,273
(41141) Real Property Transfer Tax 112,697 150,000 37,303 (42821) Homeowners Property Tax Relief 1,105 8,246 7,141 PROPERTY TAXES TOTAL 2,267,297 4,231,055 1,963,758
Actuals Budget BBA
Sales & Use Tax
(41311) Sales & Use Tax 161,962 350,000 188,038
SALES & USE TAX TOTAL 161,962 350,000 188,038
Mid-Year Budget Update
February 26, 2025
UUT revenue is on pace to exceed the annual budget. Staff is still identifying providers who are not assessing the correct 7.5% rate. Regardless of the amount remitted, 2% of all UUT revenue received is allocated to the Open Space fund.
Business License tax revenue reflects the 107 business licenses issued after 7/1/2024 and should meet expected budget with renewals beginning in May 2025.
PG&E remits their franchise fee annually, but revenue is anticipated to meet budget.
Fines and forfeitures are received from traffic citations issued by San Mateo County sheriff deputies and are collected by the County. Revenue is anticipated to exceed budget.
Actuals Budget BBA
Utility Users Tax
(43111) UUT-Energy 326,758 640,000 313,242
(43112) UUT - Telephone 25,788 30,000 4,212
(43113) UUT- Water 235,577 275,000 39,423
UTILITY USERS TAX TOTAL 588,123 945,000 356,877
Actuals Budget BBA
Business License Tax
(41411) Business License Tax 41,206 125,000 83,794
BUSINESS LICENSE TAX TOTAL 41,206 125,000 83,794
Actuals Budget BBA
Franchise Fees
(41601) Energy Services - 108,000 108,000
(41602) Water Services 59,143 61,000 1,857
(41603) Garbage Services 57,762 138,000 80,238
(41604) Cable Services 41,992 98,000 56,008
FRANCHISE FEES TOTAL 158,897 405,000 246,103
Actuals Budget BBA
Fines & Forfeitures
(41811) Fines & Forfeitures 1,708 2,000 292
FINES & FORFEITURES TOTAL 1,708 2,000 292
Mid-Year Budget Update
February 26, 2025
Building permits are a concern but activity is anticipated to pick up during the second half of the fiscal year as the back log of permits to issue is being reduced. Total License & Permits revenue may fall short of budget.
Motor vehicle revenue received in February and will exceed budget.
Actuals Budget BBA
Licenses & Permits
(41911) Building Permits 33,559 195,000 161,441
(41912) Site Development Permits 18,379 35,000 16,621
(41913) Conditional Use Permits - - -
(41914) Temporary occupancy Fee - - -
(41915) Horsekeeping Permits - 2,500 2,500
(41916) Construction & Demolition Fee 13,165 35,000 21,835 (41917) Zoning & Planning Permits 431 400 (31)
(41919) Variances - - -
(41951) Encroachment Permits 15,110 25,000 9,890
LICENSES & PERMITS TOTAL 80,644 292,900 212,256
Actuals Budget BBA
Intergovernmental Revenue
(42811) Motor Vehicle - 5,500 5,500
INTERGOVERNMENTAL REVENUE TOTAL - 5,500 5,500
Actuals Budget BBA
Charges for Services
(43252) Town Library Maintenance - 10,000 10,000
(43253) Town Engineer Fees - 3,000 3,000
(43254) Applicant Development Fee - 5,000 5,000
(43011) Plan Check Fee 125,895 260,000 134,105
(43012) Inspection Fee 97,215 390,000 292,785
(43017) Subdivision Fee - 6,000 6,000
(43018) Residential Data Reports 604 5,000 4,396
(43019) Pre-Application Meeting Fee 4,934 18,000 13,066 (43021) Architectural Review Fees 9,216 18,000 8,784
(43024) Geology Fees 355 13,000 12,645
(43033) Town Planning Fees 121,648 20,000 (101,648)
(43042) Appeals 7,358 - (7,358)
(43043) BSA Fee 170 2,400 2,230
(43044) SMIP Fee 429 7,500 7,071
(43045) DSA Fee 900 1,300 400
(43049) Miscellaneous Plan Charges - 1,000 1,000
(43121) Class Fee 41,021 75,000 33,979
CHARGES FOR SERVICES TOTAL 409,744 835,200 425,456
Mid-Year Budget Update
February 26, 2025
As the backlog of building permits to issue reduces, inspections will increase in the second half of the fiscal year. Total Charges for Services revenue may come in slightly below budget.
Community Hall activity has increased, however overall revenue may end below budget.
Revenue has already exceeded budget.
In conclusion, the results from operations for the first half of the fiscal show expenses and revenues are trending according to plan with no changes being recommended at this time.
Actuals Budget BBA
Use of Money & Property
(44011) Interest 72,502 145,000 72,498
(44051) Community Hall & Activity Room Rents 252 1,030 778 (44052) Community Hall Private Party Fees 5,489 14,500 9,011 (44054) Parking Lot & Field Rentals 39,281 60,000 20,719 (44055) Lease Income - Parks 2,629 60,000 57,371
(44056) Zots to Tots 5,520 4,000 (1,520)
USE OF MONEY & PROPERTY TOTAL 125,673 284,530 158,857
Actuals Budget BBA
Miscellaneous Revenue
(46000) Miscellaneous Revenue - 600 600
(46079) Miscellaneous Receipts 4,962 3,000 (1,962)
MISCELLANEOUS REVENUE TOTAL 4,962 3,600 (1,362)
Operating Transfers In
(49011) Operating Transfer In - - -
OPERATING TRANSFER IN TOTAL - - -
Mid-Year Budget Update
February 26, 2025
FUND BALANCE SUMMARY
Total fund balance has increased approximately $730 thousand since July 1, 2024.
Fund Beginning Actual Actual Transfers Ending
Balance Revenues Expenditures In/(Out) Balance
General Purpose Funds
101 - Unassigned $ 803,472 $ 3,840,215 $ 3,848,779 $ - $ 794,908 Assigned
UAL 249,214 - - - 249,214
Equipment Replacement 34,960 - - - 34,960
Capital Replacement/Emergency 489,447 - - - 489,447
Legal Contingency 34,960 - - - 34,960
OPEB Liability 291,875 - - - 291,875
Sub-total $ 1,903,928 $ 3,840,215 $ 3,848,779 $ - $ 1,895,364 Restricted Funds
201 - Grants $ 362,398 $ 74,455 $ - $ - $ 436,853
202 - Public Safety Sales Tax 63,910 4,613 8,250 - 60,273 203 - Public Safety/COPS 498,019 136,145 125,000 - 509,164 204 - Open Space 8,375,362 437,529 - - 8,812,891
205 - Library Fund 69,973 66,568 8,662 - 127,879
206 - Gas Tax/RMRA 94,085 62,865 13,920 - 143,030
208 - Frog Pond Open Space 27,625 721 - - 28,346
211 - Measure A 1,046,241 173,781 - - 1,220,022
212 - Measure M 45,152 1,178 49,686 - (3,356)
213 - Measure W 628,127 16,387 81,623 - 562,891
221 - Park In-lieu 43,444 1,133 - - 44,577
222 - Inclusionary In-lieu 4,635,419 120,932 - - 4,756,351 401 - Capital Projects 689,112 - 17,992 - 671,120
701 - Applicant Deposits 186,035 344,489 324,183 - 206,341 Sub-total $ 16,764,902 $ 1,440,797 $ 629,317 $ - $ 17,576,382 Fiduciary Funds
501 - Crescent Road Maintenance District $ 209,474 $ 8,605 $ 28,950 $ - $ 189,130 502 - Portola Valley Ranch Road Maintenance District 37,897 519 - - 38,416 504 - Wayside II Road Maintenance District 107,023 28,098 - - 135,121 505 - Woodside Highlands Road Maintenance District 410,929 37,110 118,397 - 329,643 Sub-total $ 765,324 $ 74,333 $ 147,347 $ - $ 692,310
Grand Total $ 19,434,154 $ 5,355,344 $ 4,625,443 $ - $ 20,164,056 FY 2024-25
Mid-Year Budget Update
February 26, 2025
CUSTOMER DEPOSITS
The cash balance in the Customer Deposits fund is approximately $1.2 million.
Deposits received total $344,489 and charges paid total $324,183. Nearly ½ of the total charges paid are from two sources, Stanford, and Woodside Priory. The remaining amount is from homeowners, and Cal-Am water.
ATTACHMENTS
1. General Fund Revenue Detail
2. General Fund Expense Detail
Revised BBA Difference
24-25 24-25 24-25
Revenues
43041 Applicant Charges $ 344,489 $ 475,000 $ 130,511 $ (344,489) Subtotal $ 344,489 $ 475,000 $ 130,511 $ (344,489)
Expenses
62033 Attorney Charges $ 20,919 $ 50,000 $ 29,081 $ (20,919) 62036 Geologist Charges 38,551 125,000 86,449 (38,551)
62038 Engineer Charges 38,233 120,000 81,767 (38,233)
62041 Planner Charges 208,503 150,000 (58,503) (208,503) 62325 C&D Deposit 16,159 30,000 13,841 (16,159)
63012 Deposit Refunds 1,818 - (1,818) (1,818)
-
Subtotal $ 324,183 $ 475,000 $ 150,817 $ (324,183)
701 - Customer Deposits
General Fund Revenue by Type
Actuals Budget BBA
Property Taxes
(41111) Property Taxes - Secured 1,476,079 3,240,297 1,764,218 (41112) Property Taxes - Unsecured 118,957 132,512 13,555 (41121) ERAF 163,731 250,000 86,269
(41122) VLF 394,727 450,000 55,273
(41141) Real Property Transfer Tax 112,697 150,000 37,303 (42821) Homeowners Property Tax Relief 1,105 8,246 7,141 PROPERTY TAXES TOTAL 2,267,297 4,231,055 1,963,758
Sales & Use Tax
(41311) Sales & Use Tax 161,962 350,000 188,038
SALES & USE TAX TOTAL 161,962 350,000 188,038
Utility Users Tax
(43111) UUT-Energy 326,758 640,000 313,242
(43112) UUT - Telephone 25,788 30,000 4,212
(43113) UUT- Water 235,577 275,000 39,423
UTILITY USERS TAX TOTAL 588,123 945,000 356,877
Business License Tax
(41411) Business License Tax 41,206 125,000 83,794
BUSINESS LICENSE TAX TOTAL 41,206 125,000 83,794
Franchise Fees
(41601) Energy Services - 108,000 108,000
(41602) Water Services 59,143 61,000 1,857
(41603) Garbage Services 57,762 138,000 80,238
(41604) Cable Services 41,992 98,000 56,008
FRANCHISE FEES TOTAL 158,897 405,000 246,103
Fines & Forfeitures
(41811) Fines & Forfeitures 1,708 2,000 292
FINES & FORFEITURES TOTAL 1,708 2,000 292
Licenses & Permits
(41911) Building Permits 33,559 195,000 161,441
(41912) Site Development Permits 18,379 35,000 16,621
(41913) Conditional Use Permits - - -
(41914) Temporary occupancy Fee - - -
(41915) Horsekeeping Permits - 2,500 2,500
(41916) Construction & Demolition Fee 13,165 35,000 21,835 (41917) Zoning & Planning Permits 431 400 (31)
(41919) Variances - - -
(41951) Encroachment Permits 15,110 25,000 9,890
LICENSES & PERMITS TOTAL 80,644 292,900 212,256
Intergovernmental Revenue
(42811) Motor Vehicle - 5,500 5,500
INTERGOVERNMENTAL REVENUE TOTAL - 5,500 5,500
General Fund Revenue by Type
Charges for Services
(43252) Town Library Maintenance - 10,000 10,000
(43253) Town Engineer Fees - 3,000 3,000
(43254) Applicant Development Fee - 5,000 5,000
(43011) Plan Check Fee 125,895 260,000 134,105
(43012) Inspection Fee 97,215 390,000 292,785
(43017) Subdivision Fee - 6,000 6,000
(43018) Residential Data Reports 604 5,000 4,396
(43019) Pre-Application Meeting Fee 4,934 18,000 13,066 (43021) Architectural Review Fees 9,216 18,000 8,784
(43024) Geology Fees 355 13,000 12,645
(43033) Town Planning Fees 121,648 20,000 (101,648)
(43042) Appeals 7,358 - (7,358)
(43043) BSA Fee 170 2,400 2,230
(43044) SMIP Fee 429 7,500 7,071
(43045) DSA Fee 900 1,300 400
(43049) Miscellaneous Plan Charges - 1,000 1,000
(43121) Class Fee 41,021 75,000 33,979
(43252) Town Library Maintenance -
(43253) Town Engineer Fees -
CHARGES FOR SERVICES TOTAL 409,744 835,200 425,456
Use of Money & Property
(44011) Interest 72,502 145,000 72,498
(44051) Community Hall & Activity Room Rents 252 1,030 778 (44052) Community Hall Private Party Fees 5,489 14,500 9,011 (44054) Parking Lot & Field Rentals 39,281 60,000 20,719 (44055) Lease Income - Parks 2,629 60,000 57,371
(44056) Zots to Tots 5,520 4,000 (1,520)
USE OF MONEY & PROPERTY TOTAL 125,673 284,530 158,857
Miscellaneous Revenue
(46000) Miscellaneous Revenue - 600 600
(46079) Miscellaneous Receipts 4,962 3,000 (1,962)
MISCELLANEOUS REVENUE TOTAL 4,962 3,600 (1,362)
Operating Transfers In
(49011) Operating Transfer In - - -
OPERATING TRANSFER IN TOTAL - - -
TOTAL REVENUE 3,840,215 7,479,785 3,639,570
General Fund Expense by Department
Actuals Budget BBA
(65013) Education/Training 60 1,500 1,440
(65014) Dues - 1,500 1,500
TOTAL TOWN COUNCIL 60 3,000 2,940
(63203) Conservation - 250 250
(63204) Cultural Arts Committee 9,459 8,500 (959)
(63205) Emergency Preparedness - 1,000 1,000
(63206) Historic Resources - 250 250
(63208) Parks & Recreation 18,618 17,800 (818)
(63209) Sustainability - 250 250
(63211) Trails & Paths - 6,250 6,250
(63212) Wildfire Preparednesss - 250 250
(63213) Open Space Acquisition - 250 250
(63214) Geologic Safety - 250 250
TOTAL TOWN COMMITTEES 28,077 35,050 6,973
(51011) Salaries - Permanent 493,540 809,551 316,011
(51031) Automobile Allowance 2,250 3,750 1,500
(55011) Retirement - PERS 23,004 69,282 46,278
(55012) Retirement - Soc Sec 16,319 28,689 12,370
(55013) Medicare 6,759 10,308 3,549
(55021) Health Insurance Medical (1,680) 9,032 10,712
(55022) Health Opt Out 3,900 1,200 (2,700)
(55024) Health Ins Dental & Vision 16,568 30,892 14,324 (55025) Cafeteria Plan Mgmt 25,357 38,304 12,947
(55031) Long Term Disability Insurance 1,401 7,000 5,599 (55033) Workers Compensation 22,755 - (22,755)
(55051) Deferred Compensation 9,566 - (9,566)
(62099) Miscellaneous Consultants 12,073 25,000 12,927
(65012) Education & Training 55 - (55)
(65014) Dues 842 - (842)
TOTAL TOWN MANAGER 632,709 1,033,008 400,299
(62032) Town Attorney 101,331 245,000 143,669
TOTAL TOWN ATTORNEY 101,331 245,000 143,669
(51011) Salaries - Permanent 24,296 24,296 -
(55011) Retirement - PERS 1,903 1,903 0
(55012) Retirement - Soc Sec 1,599 1,599 (0)
(55013) Medicare 1,073 1,073 (0)
(55022) Health Opt Out 1,500 1,500 -
(55025) Cafeteria Plan Mgmt 2,451 2,451 (0)
(62099) Miscellaneous Consultants 85,989 104,718 18,729 (62305) Software & Licensing 3,676 5,000 1,324
Town Council - 110
Town Committees - 115
Town Manager - 120
Town Attorney - 125
Town Clerk - 130
General Fund Expense by Department
Actuals Budget BBA
(65012) Education & Training 1,297 1,297 (0)
TOTAL TOWN CLERK 123,785 143,837 20,052
(51011) Salaries - Permanent 252,417 503,338 250,921
(51031) Automobile Allowance 1,500 3,000 1,500
(55011) Retirement - PERS 21,267 39,613 18,346
(55012) Retirement - Soc Sec 15,541 27,909 12,368
(55013) Medicare 3,072 7,299 4,227
(55021) Health Insurance Medical 3,856 22,858 19,002
(55024) Health Ins Dental & Vision - 8,559 8,559
(55025) Cafeteria Plan Mgmt 32,302 65,881 33,579
(55031) Long Term Disability Insurance - 1,665 1,665
(55033) Workers Compensation - 2,501 2,501
(62031) Accounting & Auditing 3,622 116,182 112,560
(62099) Miscellaneous Consultants 6,244 30,000 23,756
(62305) Software & Licensing - 44,850 44,850
(65012) Education & Training 95 20,000 19,905
(65014) Dues - 750 750
TOTAL FINANCE 339,915 894,405 554,490
(62204) San Mateo County Sheriffs Ofc 846,659 1,693,317 846,659 TOTAL POLICE SERVICES 846,659 1,693,317 846,659
(62047) WFPD-Fuel Mitigation Engineer 55,334 120,700 65,366 (62208) Fire Prevention 96,603 185,000 88,397
TOTAL FIRE SERVICES 151,937 305,700 153,763
(62203) Dispatch Services 37,576 75,151 37,576
TOTAL DISPATCH SERVICES 37,576 75,151 37,576
(51011) Salaries - Permanent 194,916 411,093 216,177
(55011) Retirement - PERS 5,698 27,732 22,034
(55012) Retirement - Soc Sec 12,224 25,180 12,956
(55013) Medicare 2,859 6,015 3,156
(55021) Health Insurance Medical (2,367) 19,189 21,556
(55022) Health Opt Out 2,000 9,600 7,600
(55024) Health Ins Dental & Vision - 5,202 5,202
(55025) Cafeteria Plan Mgmt 5,745 10,470 4,725
(55031) Long Term Disability Insurance - 1,704 1,704
(55033) Workers Compensation - 2,361 2,361
(55041) Tuition Reimbursement - 500 500
(62034) Transcription Services 3,025 8,000 4,975
(62035) Town Geologist - - -
(62039) Planner 133,628 68,000 (65,628)
(62099) Miscellaneous Consultants 27,675 108,000 80,325 Finance - 140
Police Services - 210
Fire Services - 220
Dispatch Services - 230
Planning Division - 310
General Fund Expense by Department
Actuals Budget BBA
(62303) Scanning - 7,500 7,500
(62305) Software & Licensing 3,150 6,000 2,850
(65012) Education & Training 200 - (200)
TOTAL PLANNING DIVISION 388,754 716,546 327,792
(51011) Salaries - Permanent 47,274 82,165 34,891
(55011) Retirement - PERS 1,603 7,022 5,419
(55012) Retirement - Soc Sec 2,959 5,325 2,366
(55013) Medicare 692 1,246 554
(55021) Health Insurance Medical 373 13,827 13,454
(55024) Health Ins Dental & Vision - 923 923
(55025) Cafeteria Plan Mgmt 6,384 511 (5,873)
(55033) Workers Compensation - 820 820
(61031) BSA/SMIP/DSA Fees - 7,874 7,874
(62042) Plan Check Services 43,126 120,000 76,874
(62099) Miscellaneous Consultants 59,365 200,000 140,635 (62305) Software & Licensing 570 2,500 1,930
(65012) Education & Training 200 - (200)
TOTAL BUILDING DIVISION 162,545 442,213 279,668
(51011) Salaries - Permanent 1,905 - (1,905)
(55012) Retirement - Soc Sec 118 - (118)
(55013) Medicare 28 - (28)
(62099) Miscellaneous Consultants 10,632 30,000 19,368
TOTAL CODE COMPLIANCE 12,683 30,000 17,317
(61051) Community Hall Maintenance 13,685 25,000 11,315 (62305) Software & Licensing 4,500 4,650 150
(63013) Instructors & Class Refunds 30,173 60,000 29,827 (63104) Insurance - 1,030 1,030
TOTAL COMMUNITY HALL 48,358 90,680 42,322
Parks & Fields Maintenance 32,659 90,000 57,341
Portable Lavatories 2,734 7,000 4,266
TOTAL PARKS & FIELDS MAINTENANCE 35,393 97,000 61,607
(51011) Salaries - Permanent 284,249 378,070 93,822
(55011) Retirement - PERS 19,462 49,872 30,410
(55012) Retirement - Soc Sec 11,484 21,757 10,273
(55013) Medicare 3,621 5,642 2,021
(55021) Health Insurance Medical 6,198 1,500 (4,698)
(55022) Health Opt Out 8,400 16,800 8,400
(55024) Health Ins Dental & Vision - 7,494 7,494
(55025) Cafeteria Plan Mgmt 2,554 18,962 16,408
(55031) Long Term Disability - 1,504 1,504
Community Hall - 410
Parks & Fields Maintenance - 420
Roads, Facilities Operations, & Development Services - 510 Building Division - 320
Code Compliance - 330
General Fund Expense by Department
Actuals Budget BBA
(55033) Workers Compensation - 4,767 4,767
(61018) Repairs/Vandalism - 5,000 5,000
(61021) NPDES Stormwater Program 7,279 7,500 221
(61052) Mechanical Sys Maint & Repair 2,257 15,000 12,743 (61054) Janitorial Services 16,565 31,000 14,435
(61081) Vehicle Maintenance 4,093 20,000 15,907
(62011) Building Maint Equip & Supp 16,938 20,000 3,062 (62012) Landscape Supplies & Services 1,575 30,000 28,425 (62014) Tools & Equipment 2,325 7,100 4,775
(62037) Engineer Services 3,026 35,000 31,974
(62099) Miscellaneous Consultants 20,060 15,000 (5,060) (62305) Software & Licensing 2,730 10,000 7,270
TOTAL ROADS, FACILITIES & DEVELOPMENT 412,814 701,968 289,154 (55011) Retirement - PERS 65,771 132,000 66,229
(55014) Retirement - PERS Interest/Fee 86 - (86)
(55021) Health Insurance Medical 5,383 11,000 5,617
(55025) Cafeteria Plan Mgmt 1,000 - (1,000)
(55052) Wellness Program - 6,000 6,000
(62021) Telephones 10,567 20,000 9,433
(62022) Utilities 64,413 85,000 20,587
(62046) IT & Website Consultants 25,218 67,000 41,782
(62099) Miscellaneous Consultants 2,994 43,000 40,006
(62202) Animal Control 5,293 21,000 15,707
(62206) Emergency Services Contract 17,023 18,300 1,277 (62301) Office Supplies 5,006 18,800 13,794
(62304) Town Publications - 600 600
(62305) Software & Licensing 33,199 71,245 38,046
(62306) Office Equipment 2,751 16,000 13,249
(62307) Equipment Services Contracts 11,882 21,800 9,918 (62308) Postage 671 10,000 9,329
(62309) Advertising 4,539 8,500 3,961
(62327) BevRcycleComServ 16,100 20,000 3,900
(62331) Bank Fees 8,799 10,000 1,201
(62399) Miscellaneous 6,023 7,500 1,477
(63101) Property Insurance 57,648 61,150 3,502
(63102) Liability Insurance/Bonds 161,671 160,324 (1,347) (65014) Dues 20,067 30,000 9,933
(65015) Mileage Reimbursement 80 - (80)
(75111) Transfer Out - Operating - 133,691 133,691
TOTAL NON-DEPARTMENTAL 526,183 972,910 446,727
TOTAL EXPENSES 3,848,779 7,479,785 3,631,006
Non-Departmental - 610
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Tony McFarlane, Finance Director
DATE: February 26, 2025
RE: Fiscal Year 2024-25 Gann Appropriations Limit
RECOMMENDATION
Staff recommends that the Town Council adopt a Resolution establishing the Gann Appropriations Limit of $5,280,144 for Fiscal Year 2024-25.
BACKGROUND
California Proposition 4 (1979), also known as the Gann Limit, was approved by voters with the goal of keeping state and local government spending, capped at 1978-79 levels, allowing for adjustments using specified growth factors such as changes in population and inflation. California Proposition 111 (1990) amended the calculation to start with actual appropriations in Fiscal Year 1986-87.
DISCUSSION
For Fiscal Year 2023-24, Krisch & Company completed a thorough review of the Town’s calculations from 1987 to 2023 at the Town Manager’s request. All statutory adjustment factors were examined for accuracy to ensure the most advantageous options were selected. Based on this review, the Fiscal Year 2022-23 Appropriations Limit was recalculated from $4,212,097 to $4,919,850, an overall increase of $707,753. This new limit was then used to calculate the Fiscal Year 2023-24 Appropriation Limit of $5,116,145.
The statutory adjustment factors include,
1. Percent change in Per Capita Personal Income
2. Percent change in Nonresidential New Construction
3. Percent change in Population of Town
4. Percent change in Population of County
TOWN OF PORTOLA VALLEY
STAFF REPORT
Fiscal Year 2024-25 Gann Appropriations Limit
February 26, 2025
Each year, local agencies must adjust its Appropriation Limit by two factors, the change in the cost of living and the change in population. Local agencies can select the change in per capita income, or the change in nonresidential new construction for the cost-of-living factor. For the population factor, local agencies can select either the change in Town population or County population. The California Department of Finance is required to provide an estimate of the change in per capita income and changes in population for town and county each year. The change in nonresidential new construction is provided by the County Assessor’s office.
Appropriations subject to the limit include proceeds from taxes, any money received from the state for unrestricted purposes, and interest earned from the investment of taxes.
Revenues excluded from the limit calculation include user fees. Other exclusions to the limit calculation are costs related to debt service, qualified capital outlay, court orders, or federal mandates.
CALCULATION
Using the Fiscal Year 2024-25 Revised Budget passed by the Council in November 2024, the Town’s Appropriation Limit is $5,280,144
Price Factor
Change in Per Capita Income (CPI) 3.62
Change in nonresidential new construction 2.02
Population Factor
Change in population – Portola Valley -0.79
Change in population – San Mateo County -0.40
Selecting the change in per capita income (3.62%) and the change in county population (-
0.40%) are the most favorable to the town. Using these factors, the combined adjustment factor for Fiscal Year 2024-25 is 1.032.
Adjustment Factor
Change in County Population 0.996
Change in Per Capita Income (CPI) 1.036
Combined Adjustment Factor 1.032
Applying the combined adjustment factor of 1.032 to the Fiscal Year 2023-24 limit of $5,116,145, the Town’s Fiscal Year 2024-25 Limit is $5,280,144.
Utilizing the Appropriations Limit worksheets compiled by Michael Coleman with the League of California Cities and the Fiscal Year 2024-25 revised budget, the total appropriations subject to the limit is $5,052,189. The Town is under the limit by $227,955.
FISCAL IMPACT
No impact.
Fiscal Year 2024-25 Gann Appropriations Limit
February 26, 2025
ATTACHMENT
1. Resolution
2. FY 2024-25 DoF Price Factor and Population Memo
3. Gann Limit Calculation Worksheets
1 RESOLUTION NO. 2962-2025
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF PORTOLA VALLEY ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2024-2025 PURSUANT TO ARTICLE XIII.B OF THE CALIFORNIA
CONSTITUTION
WHEREAS, the Town is required to adjust the Appropriation Limit annually pursuant to Article XIII.B of the State Constitution
WHEREAS, the limit can be adjusted annually by the change in cost of living and change in population factors provided by the Department of Finance, and; WHEREAS, using the change in county population (-0.40) and change in per capita income (3.62) are the most favorable factors to the Town, and; WHEREAS, the limit has been calculated by the Finance Director in accordance with Article XIII.B and Government Code Section 7902, and; WHEREAS, the annual appropriation limit for Fiscal Year 2024-25 is $5,280,144.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that the Fiscal Year 2024-25 Annual Appropriation Limit has been determined to be $5,280,144.
PASSED AND ADOPTED this 26th day of February 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: _______________________________
Judith Hasko, Mayor
ATTEST:
_________________________
Town Clerk
1 City Portola Valley FY 2024-2025
a b c
Revenue Source Proceeds of Taxes Non-Proceeds of Taxes Total Taxes
Property Tax 4,072,809 4,072,809
Sales and Use Tax 350,000 350,000
Transactions and Use Tax - -
Business License Tax 125,000 125,000
Utility Users Tax 1,295,000 1,295,000
Transient Occupancy Tax - -
Documentary or Real Property Transfer Taxes 150,000 150,000 Parcel Taxes - -
Other Taxes - -
Fees From Worksheet #2 => - 1,209,100 1,209,100
Benefit Assessments - -
Franchises (Cable/Video, Solid Waste, Energy, etc) 405,000 405,000 Fines, Forfeitures, and Penalties 2,000 2,000
Rents, Royalties, and Concessions 60,000 60,000
Gifts - -
Licenses and Permits
Include regulatory licenses and permits as regulatory fees in Worksheet 2.
Include public property, facility or equipment rental licenses/premits in "rents" above Include business license taxes in "taxes" above.
From State
Motor Vehicle License Fee 5,500 5,500
Homeowners Property Tax Relief Reimb 8,300 8,300
Williamson Act -
Motor Vehicle Fuel (gasoline) Tax 260,376 260,376
Proposition 42 Gasoline Sales Tax -
Citizens Option for Public Safety (COPS) 164,000 164,000 Proposition 172 Public Safety Sales Tax 16,500 16,500
State Mandate Reimbursements -
Other discretionary state grants and aid -
Other non-discretionary state grants and aid 362,074 362,074 Repealed Subventions
Criminal Justice Fee (Booking Fee) Relief -
Discretionary Local Assistance (1999-00, 2000-01) -
Police Tachnology Grants (CLEEP) -
Liquor License Fees -
Highway Carriers Uniform Business Tax -
Financial Aid to Local Agencies -
Business Inventory Exemption Reimbursement -
Trailer Coach / Mobile Home VLF -
1978 -79 Bailout Funds -
Other Governments
Federal General Revenue Sharing -
Federal CDBG -
Housing (HUD) -
Disaster Reimbursement -
Other 1,111,275 1,111,275
Other Miscellaneous
Sale of property (See "qualified Capital Outlays") -
Interfund Transfers - - -
1 Sub-Total non-interest revenues 6,006,609 3,590,325 9,596,934 2 Interest Earnings 640,000 - 640,000
3 Reserve Withdrawals -
4 Total 6,646,609 3,590,325 10,236,934
9,596,934
©2016 Michael Coleman. Use with attribution.
Worksheet #1
Proceeds of Taxes
Total revenue plus reserve withdrawals (1C + 3C)
City FY 2024-2025
a i ii b=i+ii c=b-a d
Program Area Fee Revenue Direct Costs
Allocated
Overhead Total Costs
Costs minus
Revenues
Revs >
Costs?
1 - - -
2 - - -
3 44,000 44,000 44,000 - -
4 117,900 150,000 150,000 32,100 -
5 892,200 892,200 892,200 - -
6 155,000 155,000 155,000 - -
7 - - -
8 - - -
9 - - -
10 - - -
11 - - -
12 - - -
13 - - -
14 - - -
15 - - -
16 Proceeds of Taxes => -
= sum of column d
Non-Proceeds of taxes => 1,209,100
©2016 Michael Coleman. Use with attribution. =sum of column a minus d16 General Gov't - Management/Support
Worksheet #2
Regulatory Fees, User Fees & Charges
Portola Valley
Police - Law Enforement
Transportation - Public Works
Planning and Development
Building, Construction and Fire Safety
Parks and Recreation, museums, etc.
Water
Sewer
Solid Waste
Other
City FY 2024-2025
Amount
Court Orders
sub-total -
Federal Mandates
183,600
151,368
sub-total 334,968
Qualified Capital Outlay
1,059,452
200,000
sub-total 1,259,452
Qualified Debt Service
sub-total -
Total Exclusions 1,594,420
©2016 Michael Coleman. Use with attribution.
Worksheet #3
Excluded Appropriations
Portola Valley
Social Security/Medicare
ACA Mandate
Street Resurfacing
Facility Improvements
4 City FY 2024-2025
Amount
a) Non-interest Tax Proceeds 6,006,609
b) Minus Exclusions 1,594,420
c) Net invested proceeds from taxes 4,412,189
d) Total revenue plus reserve withdrawls 9,596,934
e) Proceeds of taxes as a percentage of revenues 0.459749853 f) Interest earnings - Total 640,000
g) Amount of interest earned from "proceeds of taxes" 294,240 ©2016 Michael Coleman. Use with attribution.
Worksheet #4
Interest Allocation
Portola Valley
Source
from Worksheet #1
from Worksheet #3
a-b
from Worksheet #1
e * f
c / d
To
5 City
For
Fiscal Year Jan 1
City
Population
Countywide
Population Jan 1
City
Population
Countywide
Population
City %
Change
County %
Change
1986-87 1985 4,020 614,400 1986 4,070 618,600 1.2% 0.7% 1987-88 1986 4,070 618,600 1987 4,150 622,600 2.0% 0.6% 1988-89 1987 4,150 622,600 1988 4,170 629,800 0.5% 1.2% 1989-90 1988 4,170 629,800 1989 4,220 638,300 1.2% 1.3% 1990-91 1989 4,220 638,300 1990 4,210 647,400 -0.2% 1.4% 1991-92 1990 4,210 647,400 1991 4,125 651,093 -2.0% 0.6% 1992-93 1991 4,125 651,093 1992 4,141 657,980 0.4% 1.1% 1993-94 1992 4,141 657,980 1993 4,184 664,394 1.0% 1.0% 1994-95 1993 4,184 664,394 1994 4,235 668,711 1.2% 0.6% 1995-96 1994 4,235 668,711 1995 4,289 673,274 1.3% 0.7% 1996-97 1995 4,289 673,274 1996 4,312 677,926 0.5% 0.7% 1997-98 1996 4,312 677,926 1997 4,359 685,153 1.1% 1.1% 1998-99 1997 4,359 685,153 1998 4,393 693,089 0.8% 1.2% 1999-00 1998 4,393 693,089 1999 4,595 724,367 4.6% 4.5% 2000-01 1999 4,595 724,367 2000 4,622 730,029 0.6% 0.8% 2001-02 2000 4,622 730,029 2001 4,505 720,147 -2.5% -1.4% 2002-03 2001 4,505 720,147 2002 4,505 720,147 0.0% 0.0% 2003-04 2002 4,505 720,147 2003 4,507 717,006 0.0% -0.4% 2004-05 2003 4,507 717,006 2004 4,494 717,041 -0.3% 0.0% 2005-06 2004 4,494 717,041 2005 4,483 712,386 -0.2% -0.6% 2006-07 2005 4,483 712,386 2006 4,538 723,453 1.2% 1.6% 2007-08 2006 4,538 723,453 2007 4,553 724,104 0.3% 0.1% 2008-09 2007 4,553 724,104 2008 4,618 733,386 1.4% 1.3% 2009-10 2008 4,618 733,386 2009 4,639 739,171 0.5% 0.8% 2010-11 2009 4,639 739,171 2010 4,671 745,563 0.7% 0.9% 2011-12 2010 4,671 745,563 2011 4,725 754,061 1.2% 1.1% 2012-13 2011 4,725 754,061 2012 4,391 724,452 -7.1% -3.9% 2013-14 2012 4,391 724,452 2013 4,411 729,196 0.5% 0.7% 2014-15 2013 4,411 729,196 2014 4,448 735,484 0.8% 0.9% 2015-16 2014 4,448 735,484 2015 4,480 745,051 0.7% 1.3% 2016-17 2015 4,480 745,051 2016 4,527 752,978 1.0% 1.1% 2017-18 2016 4,527 752,978 2017 4,751 765,894 4.9% 1.7% 2018-19 2017 4,751 765,894 2018 4,707 770,063 -0.9% 0.5% 2019-20 2018 4,707 770,063 2019 4,767 773,994 1.3% 0.5% 2020-21 2019 4,767 773,994 2020 4,659 774,350 -2.3% 0.0% 2021-22 2020 4,659 774,350 2021 4,607 773,108 -1.1% -0.2% 2022-23 2021 4,607 773,108 2022 4,560 765,245 -1.0% -1.0% 2023-24 2022 4,560 765,245 2023 4,283 744,552 -6.1% -2.7% 2024-25 2023 4,283 744,552 2024 4,249 741,565 -0.8% -0.4% 2025-26 2024 4,249 741,565 2025
2026-27 2025 - - 2026
Select highest population factor for the year (column e or f) to Worksheet 7 ©2016 Michael Coleman. Use with attribution.
Worksheet #5
Population Changes
Portola Valley
6 City
a b c d
NRAV ARpy = b ÷ c
Factors for
Fiscal Year published
Dollar Value
of New
Nonresidential
Construction in the
jurisdiction from …
Total
secured and
unsecured
assessment roll
in the jurisdiction for …
Source: County
Assessor
Source: County
Assessor
1987-88 3.47% May 1, 1987 1986 to 1987 1986
1988-89 4.66% May 1, 1988 1987 to 1988 1987
1989-90 5.19% May 1, 1989 1988 to 1989 1988
1990-91 4.21% May 1, 1990 1989 to 1990 1989
1991-92 4.14% May 1, 1991 1990 to 1991 1990
1992-93 -0.64% May 1, 1992 1991 to 1992 1991
1993-94 2.72% May 1, 1993 1992 to 1993 1992
1994-95 0.71% May 1, 1994 1993 to 1994 1993
1995-96 4.72% May 1, 1995 1994 to 1995 1994
1996-97 4.67% May 1, 1996 1995 to 1996 1995
1997-98 4.67% May 1, 1997 1996 to 1997 1996
1998-99 4.15% May 1, 1998 1997 to 1998 1997
1999-00 4.53% May 1, 1999 1998 to 1999 1998
2000-01 4.91% May 1, 2000 1999 to 2000 1999
2001-02 7.82% May 1, 2001 2000 to 2001 2000
2002-03 -1.27% May 1, 2002 2001 to 2002 2001
2003-04 2.31% May 1, 2003 2,063,840 2002 to 2003 90,651,266 2002 2.28% 2004-05 3.28% May 1, 2004 4,285,343 2003 to 2004 108,615,841 2003 3.95% 2005-06 5.26% May 1, 2005 493,832 2004 to 2005 138,069,341 2004 0.36% 2006-07 3.96% May 1, 2006 3,886,174 2005 to 2006 159,483,799 2005 2.44% 2007-08 4.42% May 1, 2007 13,986,860 2006 to 2007 107,600,117 2006 13.00% 2008-09 4.29% May 1, 2008 9,718,164 2007 to 2008 159,244,460 2007 6.10% 2009-10 0.62% May 1, 2009 4,436,230 2008 to 2009 91,708,256 2008 4.84% 2010-11 -2.54% May 1, 2010 718,758 2009 to 2010 25,165,774 2009 2.86% 2011-12 2.51% May 1, 2011 1,194,721 2010 to 2011 43,395,199 2010 2.75% 2012-13 3.77% May 1, 2012 547,657 2011 to 2012 125,185,605 2011 0.44% 2013-14 5.12% May 1, 2013 840,635 2012 to 2013 155,344,454 2012 0.54% 2014-15 -0.23% May 1, 2014 3,258,495 2013 to 2014 146,896,141 2013 2.22% 2015-16 3.82% May 1, 2015 1,648,134 2014 to 2015 202,529,131 2014 0.81% 2016-17 5.37% May 1, 2016 8,111,684 2015 to 2016 136,120,621 2015 5.96% 2017-18 3.69% May 1, 2017 1,102,713 2016 to 2017 189,661,534 2016 0.58% 2018-19 3.67% May 1, 2018 15,121,338 2017 to 2018 185,989,997 2017 8.13% 2019-20 3.85% May 1, 2019 5,882,370 2018 to 2019 203,120,876 2018 2.90% 2020-21 3.73% May 1, 2020 13,438,739 2019 to 2020 190,094,332 2019 7.07% 2021-22 5.73% May 1, 2021 4,779,669 2020 to 2021 212,702,163 2020 2.25% 2022-23 7.55% May 1, 2022 6,315,003 2021 to 2022 252,921,622 2021 2.50% 2023-24 4.44% May 1, 2023 4,765,697 2022 to 2023 236,374,746 2022 2.02% 2024-25 3.62% May 1, 2024 4,775,583 2023 to 2024 247,428,806 2023 1.93% 2025-26 May 1, 2025 2024 to 2025 2024
2026-27 May 1, 2026 2025 to 2026 2025
©2016 Michael Coleman. Use with attribution.
Worksheet #6
Cost of Living Adjustment Factors
Portola Valley
Percentage
Change in
Per Capita
Personal
Income
Change in
assessment roll
due to addition of
local nonresidential
Source: Calif Dept of Finance new construction
7 City FY 2024-2025
Amount
a) Prior Year Appropriations Limit 5,116,145
b) Adjustment Factors percent ratio
1) Population Change -0.40% 0.996
Population in city or county? county
2) Cost of Living 3.62% 1.036
State CPI or % New non-residential? CPI
3) Combined adjustment factor 1.032
c) Adjusted Limit 5,280,144
d) Alterations
Transfer of Financial Responsibility
Transfer to Fees
Emergency
Voter Override
Total Alterations -
e) Appropriations Limit - Current Year 5,280,144
©2016 Michael Coleman. Use with attribution.
Worksheet #7
Appropriations Limit
Portola Valley
Source
Prior year schedules
Select from Worksheet 5
"city" or "county"
Select from Worksheet 6
"CPI" or "%new non-resid AV"
b1 * b2
a * b3
sum of d
c + d
8 City FY 2024-2025
Amount
a) Proceeds of Taxes 6,646,609
b) Exclusions 1,594,420
c) Appropriations Subject to Limitation 5,052,189
d) Appropriations Limit (current year) 5,280,144
e) Under (Over) Limit 227,955
©2016 Michael Coleman. Use with attribution.
Worksheet #1
Worksheet #8
Appropriations Subject to Limitation
Portola Valley
Source
d-c
Worksheet #3
a-b
Worksheet #7
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty
DATE: 2/12/2025
RE: Trails and Paths Committee
A group of residents including Bev Lipman, Betsy Morgenthaler, and Brenda Munks have been working with the town engineer and the Woodside Mounted Patrol Foundation’s Don Pugh on raising awareness of the need for timely repair, materials and funds for the reinforcement of the Westridge Creek bank on Shady Trail. The town staff and residents are responding to an obvious need and solution with support and recognition. Upcoming Town council item on donations was recognized and discussed.
Fund raising may also need to be recognized to continue other Trails Committee activities like the Horse Fair due to current financials. The sense of town support (matching?) is important to everyone’s sense of community.
An incident of an open flame being used on Coal Mine Ridge Trail was discussed. The nonresident users were asked to extinguish the flame and did so. Note that the risk of fire from trail users smoking or using open flames was discussed and it was agreed that this is something that will require clear signage and enforcement.
Fred Leach was re-appointed as Chair, Gary Hanning as vice chair, Joe Coleman as secretary and a new member Jeffrey Lockey, a new resident on Cervantes, was welcomed.
TOWN OF PORTOLA VALLEY
Committee / Commission Liaison
Report
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Councilmember Flynn
DATE: 02/05/2025
RE: SFO Roundtable Meeting
GENERAL INFORMATION ITEMS:
1. New website available to report noise: noise.flysfo.com New software available to track flights and to report noisy aircrafts - On the Home page - Under the Data & Reports tab - click on Noise and Flight Tracker. Click on the “Show Current Flights” to activate the system. (you might have to click on historical flights first).
Click on a particular flight to find out information. To report the noise click on the voice bubble icon on the bottom left hand side of the popup.
2. Stop.jetnoise.net is still operating (and simpler to use!) and reporting monthly to SFO.
Privately created and managed, getting a bit long in the tooth.
NOTES:
Kilroy Developers of Oyster point & Archer Aviation signed an agreement to create a sea portal for EV and electric taxis. Aviation noise concerns. Need new air mobility policies for non-airport aircraft.
Peter Kirsh. Future Ready cities, Darlene Yaplee [email protected] Aviation Noise & emissions Symposium - Las Vegas..
SFO Roundtable Leadership Change
Christine Krolik, Hillsborough, elected chair
Terry O’ Connell, City of Brisbane, Vice chair
SFO Report
52.3 million passengers, 4% increase, 0.4% flight operations increase, larger aircrafts 91% of 2019 traffic.
New airline service: Frontier to Vail seasonal service. United - sfo to panama city; Leadership change new airport director.
TOWN OF PORTOLA VALLEY
SFO Roundtable Update
Noise update:
Fly Quiet Program
Portable Noise Monitoring Program - Brisbane, PV, Woodside Headcount of Air traffic controllers 28/30, includes some trainees. Not experiencing staffing problems.
San Carlos issues only resolved for 2 months.
Noise.flysfo.com
New software available to track flights and to report noisy aircrafts. (see Information items above) Aircraft Noise- Established Roles and Responsibilities Eugene Reindel, HMMH Consultant FAA noise abatement since 1976 Policy
Can’t tell operators when they can fly now
Noise abatements come from ticket and cargo taxes revenue Roundtable gave up the right to a curfew - most impact close in communities Bylaws determine responsibilities for the Roundtable
Air emissions regulated by US EPA
California Air Resources Board does not regulate airport. Millbrae and San Bruno have high particulate levels
Congressional oversight possible: Prioritizing noise and pollution in addition to safety. 8 bills were introduced in the past term. Need to be reintroduced.
Need congressional representatives to attend these meetings - Mullen should have a staff member attend the meeting.