Town Council
March 12, 2024

Town Council Regular Meeting Agenda - 2024- 03- 12
Volunteer Committee Applications
VOLUNTEER COMMITTEE APPLICATIONS.PDF
Item 2 - Register Of Demands From February 17 Through February 29, 2024 ITEM 2 - REGISTER OF DEMANDS FROM FEBRUARY 17 THROUGH
FEBRUARY 29, 2024.PDF
Item 3 - Approving 1367 Canada Road To Connect To The Town Center Sewer Assessment District
ITEM 3 - APPROVING 1367 CANADA ROAD TO CONNECT TO THE TOWN CENTER SEWER ASSESSMENT DISTRICT.PDF
Item 4 - Kings Mountain Road At Woodside Road Crossing Project Bid Rejection ITEM 4 - KINGS MOUNTAIN ROAD AT WOODSIDE ROAD CROSSING
PROJECT BID REJECTION.PDF
Item A - Woodside Fire Protection District Draft Ordinance No. 24-01 Fuel Mitigation ITEM A - WOODSIDE FIRE PROTECTION DISTRICT DRAFT ORDINANCE NO. 24-01 FUEL MITIGATION.PDF
Item A Desk Item - Comments On WFPD DRAFT ORDINANCE NO. 24-01_Redacted ITEM A - COMMENTS ON WFPD DRAFT ORDINANCE NO. 24-
01_REDACTED.PDF
Item B - Comment Letter Opposing AT&T's Application To The CPUC To Have Their Carrier Of Last Resort Obligation Removed

ITEM B - COMMENT LETTER OPPOSING ATT APPLICATION TO THE CPUC.PDF
Item C - Ordinance Amending Title III Chapters 34 And 38 Of The Municipal Code And Resolution Adopting Purchasing Policies
ITEM C - ORDINANCE AMENDING TITLE III CHAPTERS 34 AND 38 OF THE

CCOSOOOG CSG

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

5.I.

Documents:

6. Documents:

7. Documents:

Item C - Ordinance Amending Title III Chapters 34 And 38 Of The Municipal Code And Resolution Adopting Purchasing Policies
ITEM C - ORDINANCE AMENDING TITLE III CHAPTERS 34 AND 38 OF THE

MUNICIPAL CODE AND RESOLUTION ADOPTING PURCHASING
POLICIES.PDF
TC Meeting Packet - 2024- 03- 12

7. Documents:

TOWN OF WOODSIDE
Report to Town Council
From: Melissa Cardinale, Assistant to the Town Manager March 12, 2024 SUBJECT: VOLUNTEER COMMITTEE APPLICATIONS FOR REVIEW
Attached are two applications for the Circulation Committee.

Volunteer Committee Applciations Page 1 Town Council Meeting March 12, 2024

COMMITTEE APPLICATION
Applicant Information
Name: ______________________________________________ Email Address:

Street Address:

Cell Phone: Home/other Phone: ____________________________ I have been a resident of Woodside for _____ years or _____ months.

Please state your interest in this committee: _________________________________________________________________ ________________________________________________________________________________________________________________ Talents, skills, resources you can offer: _______________________________________________________________________ ________________________________________________________________________________________________________________ Have you attended any meetings or programs of any Woodside committee or board? Which? _____________ ________________________________________________________________________________________________________________ Woodside residents qualified to comment on my capabilities:

Name: ______________________________ Address: Contact:

Name: ______________________________ Address: Contact:

Name: ______________________________ Address: Contact:

Do you have any personal or financial interests that could be perceived by others as a conflict of interest relative to your service on the committee? Yes ____ No _____ If yes, please describe: ________________________________________________________________________________________ ________________________________________________________________________________________________________________ Any other relevant information: ______________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ Participation & Time Commitment: Committee members are expected to attend monthly meetings unless previously excused and to contribute time and expertise appropriate to each committee’s purpose. *Attach additional pages, if needed.
տArts & Culture տCirculation տ&OLPDWH 6XVWDLQDELOLW\ (PHUJHQF\ 3UHSDUHGQHVV տ(QYLURQPHQW 2SHQ 6SDFH տ/LYHVWRFN (TXHVWULDQ +HULWDJH տ5HFUHDWLRQ տ7UDLOV տ9ROXQWHHULVP տ:RRGVLGH +LVWRU\
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Sherry Lin
6 We are a Woodside family with three children, a son who graduated from WES and two daughters who are currently attending WES.

We walk to town and to school on a daily basis. We care a great deal about safety and traffic.

I have deep experience managing multiple stakeholders and possess a wide network within the community through being a WES parent and my current and previous roles as Board member, Woodside School Foundation; Founding Partner of Argentum Peak, an investment firm; and Head of Global Venture at Michael Bloomberg’s family office
I have attended a few Town Hall meetings.

Melody Westervelt
Carmen Dicinque
Christina Hengehold
X
Volunteer Committee Applciations Page 2 Town Council Meeting March 12, 2024

Volunteer Committee Applciations Page 3
Town Council Meeting March 12, 2024

TOWN OF WOODSIDE
Report to Town Council Agenda Item 2
From: Lucy Oropeza, Accounts Payable Specialist March 12, 2024 Kevin Bryant, Town Manager
SUBJECT: REGISTER OF DEMANDS AGAINST THE TOWN OF WOODSIDE FROM FEBRUARY 17 THROUGH FEBRUARY 29, 2024
Per Town of Woodside Municipal Code Title III, Administration, Chapter 31.03.F the attached register of demands for February 17 through February 29, 2024, have been prepared, audited, and certified, by the Administrative Services Director.

Attachment

1. Register of Demands February 17 through February 29, 2024 Item 2 Page 1 Town Council Meeting March 12, 2024
Accounts Payable
User:

Printed:
[email protected]
3/4/2024 1:49 PM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
43287 1033 AT&T - 939-103-5060 02/23/2024
000021264268 6508511294 (Museum) 01.13.24-02.12.24 Phone (Museum) 01.13.24-02.12.24 28.31 Total for Check Number 43287: 28.31
43288 1035 AT&T - 939-103-5062 02/23/2024
000021264269 6508515591 TC/Woodside Pump Station 000021264269 Phone (Town Center/Woodside Pump Station) 01.13.24-02.12.24 29.43 Total for Check Number 43288: 29.43
43289 1043 Bay Area News Group 02/23/2024
0001400720 Legal Classified Advertising-Planning 12.01.23-12.31.23 Legal Classified Advertising 12.01.23-12.31.23 425.98 0001400720 Legal Classified Advertising Admin 12.01.23-12.31.23 Legal Classified Advertising 12.01.23-12.31.23 307.51 0001403213 Legal Classified Advertising-Planning 01.01.24-01.31.24 Legal Classified Advertising 01.01.24-01.31.24 660.82 0001403213 Legal Classified Advertising Admin 01.01.24-01.31.24 Legal Classified Advertising 01.01.24-01.31.24 381.89 Total for Check Number 43289: 1,776.20
43290 3145 Benchmark Builders 02/23/2024
Refund02.15.24 152 Alta Mesa Road BLDG2023-0124 Weight tickets submitted. 152 Alta Mesa Road BLDG2023-0124 Weight tickets submitted. 5,000.00 Total for Check Number 43290: 5,000.00
43291 1061 California Dept. of Transportation 02/23/2024 SL240489 Signals & Lighting October-December 2023 Signals & Lighting October-December 2023 579.90 Total for Check Number 43291: 579.90
43292 1063 California Water Service 02/23/2024
W2367 02.09.24 2367116666 Mt Home & Woodside 01.10.24-02..08.24 2367116666 Mt Home & Woodside 01.10.24-02..08.24 30.67 Total for Check Number 43292: 30.67
43293 1065 California Water Service 02/23/2024
W4562 02.13.24 4562104183 5001 Farmhill Blvd, Barkley Fields 01.11.24-02.09.24 4562104183 5001 Farmhill Blvd, Barkley Fields 01.11.24-02.09.24 415.25 Total for Check Number 43293: 415.25
43294 1067 California Water Service 02/23/2024
W6167 02.09.24 6167116666 2955 Woodside Rd..01.10.24-02.08.246167116666 2955 Woodside Rd.01.10.24-02.08.24 307.72 Total for Check Number 43294: 307.72
43295 1068 California Water Service 02/23/2024
W6408 02.09.24 6408116666 3140 Woodside Road 01.10.24-02.08.24 6408116666 3140 Woodside Road 01.10.24-02.08.24 626.60 Total for Check Number 43295: 626.60
43296 1069 California Water Service 02/23/2024
W8508 02.09.24 8508116666 Woodside & Canada Ln, 01.10.24-02.08.24 8508116666 Woodside & Canada Ln. 01.10.24-02.08.24 85.11 AP Checks by Date - Detail by Check Date (3/4/2024 1:49 PM) Page 1 Item 2 Page 2
Town Council Meeting March 12, 2024
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 43296: 85.11
43297 2834 CivicPlus LLC 02/23/2024
290906 Civic Engage Central,Hosting,Security Annual Fee 07.26.23-07.24 Civic Engage Central,Hosting,Security Annual Fee 07.26.23-07.24 23,012.48 Total for Check Number 43297: 23,012.48
43298 3062 Corodata Shredding, Inc. 02/23/2024
DN 1457712 Shredding Service: 01.01.24-01.31.24 Shredding Service: 01.01.24-01.31.24 64.00 Total for Check Number 43298: 64.00
43299 1112 Cotton Shires & Associate 02/23/2024
1123186 150 Josselyn Lane, SITE2023-0035 150 Josselyn Lane, SITE2023-0035 1,131.75 1123187 115 Farm Road, SITE2023-0044 115 Farm Road, SITE2023-0044 1,612.50 1123188 12 Montecito Road, BLDG2023-0549 12 Montecito Road, BLDG2023-0549 884.00 224004 Geologist On-Call Services: 12.22.23-01.31.24 Geologist On-Call Services:12.22.23-01.31.24 1,863.92 Total for Check Number 43299: 5,492.17
43300 1121 CSG Consultants, Inc. 02/23/2024
55221 Services:Dec.30. 2023 to Jan 26 2024 FY22-23 NPDES Annual Report Services:Dec.30. 2023 to Jan 26 2024 FY22-23 NPDES Annual Report 585.00 Total for Check Number 43300: 585.00
43301 1157 Granite Rock Company 02/23/2024
2140104 Grainitepatch 50 (15) Grainitepatch 50 (15) 374.97 Total for Check Number 43301: 374.97
43302 3146 Nadeem Makada 02/23/2024
Refund02.14.24 215 Olive Hill Lane BLDG2020-0097 Weight tickets submitted 215 Olive Hill Lane BLDG2020-0097 Weight tickets submitted 3,000.00 Total for Check Number 43302: 3,000.00
43303 2225 Mission Uniform 02/23/2024
521072247 Weekly Public Works Uniform Rental Service 02.20.24 Weekly Public Works Uniform Rental Service 02.20.24 38.60 Total for Check Number 43303: 38.60
43304 2960 Lucy Oropeza 02/23/2024
Reimb02.09.24 Per Diem for Springbrook Conference Oct 2023 Per Diem for Springbrook Conference Oct 2023 151.50 Total for Check Number 43304: 151.50
43305 1248 Pacific Gas & Electric 02/23/2024
P0537 02.15.24 Canada College/Farm Hill 0537900773-4 01.11.24-02.09.24 Canada College Traffic Signals 0537900773-4 01.11.24-02.09.24 94.55 Total for Check Number 43305: 94.55
43306 1249 Pacific Gas & Electric 02/23/2024
P0961 02.15.24 5001 Farm Hill/Barkely 0961067232-2 01.10.24-02.08.24 5001 Farm Hill/Barkley PGE 0961067232-2 01.10.24-02.08.24 281.97 Total for Check Number 43306: 281.97
43307 1251 Pacific Gas & Electric 02/23/2024
P3590 02.11.24 TH #2 3590823804-7 Gas 01.11.24-02.09.24 Town Hall -Gas 3590823804-7 01.11.24-02.09.24 616.84 Total for Check Number 43307: 616.84
43308 1252 Pacific Gas & Electric 02/23/2024
P3663 02.13.24 Library 1 Gas 3663254289-4 01.12.24-02.12.24 Library 1 Gas PGE 3663254289-4 01.12.24-02.12.24 224.56 AP Checks by Date - Detail by Check Date (3/4/2024 1:49 PM) Page 2 Item 2 Page 3
Town Council Meeting March 12, 2024
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 43308: 224.56
43309 1253 Pacific Gas & Electric 02/23/2024
P3674 02.15.24 TH 3; 3674157132-1 01.10.24-02.08.24 Town Hall 3; 3674157132-1 01.10.24-02.08.24 892.81 Total for Check Number 43309: 892.81
43310 1255 Pacific Gas & Electric 02/23/2024
P5632 02.15.24 Town Hall 4 PGE 5632637403-2 01.10.24-02.08.24Town Hall 4 PGE 5632637403-2 01.10.24-02.08.24 1,732.05 Total for Check Number 43310: 1,732.05
43311 1257 Pacific Gas & Electric 02/23/2024
P9226 02.15.24 TC Pump 9226135810-2 01.10.24-02.08.24 TC Pump 9226135810-2 01.10.24-02.08.24 806.69 Total for Check Number 43311: 806.69
43312 1258 Pacific Gas & Electric 02/23/2024
P9809 02.15.24 TC Questa Pump 9809469106-4 01.10.24-02.08.24TC Questa Pump 9809469106-4 01.10.24-02.08.24 34.52 Total for Check Number 43312: 34.52
43313 3014 Parametrix, Inc. 02/23/2024
52550 On-Call Plan. Traffic Eng.Project: 474-8970-001 December 2023 On-Call Plan. Traffic Eng.Project: 474-8970-001 December 2023 776.25 Total for Check Number 43313: 776.25
43314 1440 Pineda Tree Service, Inc. 02/23/2024
INV0833 Tree Work:810 Glencraig Way remove leaning acacia tree Tree Work:810 Glencraig Way remove leaning acacia tree 1,475.00 INV0845 Tree Work: 222 Olive Hill remove pine tree from road Tree Work:222 Olive Hill remove pine tree from road 6,225.00 INV0846 Tree Work: 519 Hillside Way remove fallen oak tree from property Tree Work: 519 Hillside Way remove fallen oak tree from property 2,270.00 INV0847 Tree Work: Wildwood Way remove large broken hanging branch Tree Work: Wildwood Way remove large broken hanging branch 525.00 Total for Check Number 43314: 10,495.00
43315 3064 Regional Government Services 02/23/2024
16325 January 2024 Services 1101 Canada Rd CEQA2022-0001 January 2024 Services 1101 Canada Rd CEQA2022-0001 340.00 Total for Check Number 43315: 340.00
43316 1513 St. Francis Electric, LLC 02/23/2024
23166710 TS & SL Maintenance January 2024 TS & SL Maintenance- January 2024 290.00 23166711 TS & SL Maintenance January 2024 Response TS & SL Maintenance- January 2024 Response 100.00 Total for Check Number 43316: 390.00
43317 1318 U.S. Bank 02/23/2024
PCard02.15.24 Target Beverages for Lunar New Year CelebrationEmployee Procurement Card Statement 02.15.24 17.67 PCard02.15.24 Lunar Food Expense Employee Procurement Card Statement 02.15.24 577.76 PCard02.15.24 World Centric Disposable Plates & Utensils for Staff Events Employee Procurement Card Statement 02.15.24 92.53 PCard02.15.24 JT Graphics Employee Procurement Card Statement 02.15.24 707.08 PCard02.15.24 Costco - Snacks for Public Hearings Employee Procurement Card Statement 02.15.24 35.77 PCard02.15.24 Dog Waste Depot Bags Employee Procurement Card Statement 02.15.24 766.40 PCard02.15.24 Cubicle keys for drawer and lock replacement for desk Employee Procurement Card Statement 02.15.24 24.90 PCard02.15.24 Survey Monkey Annual Subscription Renewal 02.10.24-02.09.25 Employee Procurement Card Statement 02.15.24 468.00 PCard02.15.24 UPS shipemtn for Speed Trailer Computer Kustom Signals Employee Procurement Card Statement 02.15.24 14.35 PCard02.15.24 CSMFO Conference 2024 2nd Night Hotel Stay Employee Procurement Card Statement 02.15.24 466.83 PCard02.15.24 Grainger Employee Procurement Card Statement 02.15.24 18.58 PCard02.15.24 Grainger Employee Procurement Card Statement 02.15.24 135.77 PCard02.15.24 Viasat Business Services Employee Procurement Card Statement 02.15.24 51.94 PCard02.15.24 Supplies from ACE Hardware fro Kite Hill Employee Procurement Card Statement 02.15.24 1,230.10 AP Checks by Date - Detail by Check Date (3/4/2024 1:49 PM) Page 3 Item 2 Page 4
Town Council Meeting March 12, 2024
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PCard02.15.24 Amazon - Office Supplies (Privacy Monitor Filter)Employee Procurement Card Statement 02.15.24 130.10 PCard02.15.24 Donut King - Donuts for website work session Employee Procurement Card Statement 02.15.24 23.00 PCard02.15.24 Grainger Employee Procurement Card Statement 02.15.24 18.58 Total for Check Number 43317: 4,779.36
43318 2218 Wex Bank 02/23/2024
95002331 Chevron Gas Card for Fleet 01.07.24-02.06.24 Chevron Gas Card for Fleet 01.07.24-02.06.24 1,033.56 Total for Check Number 43318: 1,033.56
Total for 2/23/2024: 64,096.07
43319 3148 Janet Johnson 03/01/2024
DefSpac02.27.24 Defensible Space Matching Fund Program FY24 Defensible Space Matching Fund Program FY24 3,000.00 Total for Check Number 43319: 3,000.00
43320 2833 Emma McCulloch 03/01/2024
DefSpac02.22.24 Defensible Space Matching Fund Program FY24 Defensible Space Matching Fund Program FY24 2,150.00 Total for Check Number 43320: 2,150.00
43321 2843 Karen Sperling 03/01/2024
DefSpac02.22.24 Defensible Space Matching Fund Program FY24 Defensible Space Matching Fund Program FY24 625.00 Total for Check Number 43321: 625.00
43322 3049 Antonio Jimenez Aleman 03/01/2024
Uniform02.21.24 Uniform Reimbursement FY23-24 Uniform Reimbursement FY23-24 329.60 Total for Check Number 43322: 329.60
43323 3060 Andreini Brothers, Inc. 03/01/2024
6237 Glens Path Porject Phase 2 & 3 Glenwood Ave January 2024 Glens Path Porject Phase 2 & 3 Glenwood Ave January 2024 22,894.23 Total for Check Number 43323: 22,894.23
43324 1062 California Water Service 03/01/2024
W1367 02.13.24 1367116666 WHHA 24 Median Meters+1TownMedianMeter1.11.24-020924 WHHA 24 Median Meters+1 Town Median Meter 01.11.24-02.09.24 921.94 Total for Check Number 43324: 921.94
43325 3090 Francisco Castaneda 03/01/2024
402 222 Olive Ln Arborist Report 222 Olive Ln Arborist Report 325.00 Total for Check Number 43325: 325.00
43326 3147 Craftsmen Printing 03/01/2024
12166 Go Pesticide Free Postcard Environment Committee 3750 Qty 11x17 Go Pesticide Free Postcard Environment Committee 3750 Qty 11x17 3,196.08 Total for Check Number 43326: 3,196.08
43327 1121 CSG Consultants, Inc. 03/01/2024
55083 Code Enforcement 12.30.23-01.26.24 Building Services 12.30.23-01.26.24 6,732.00 55127 In House Plan Review 12.30.23-01.26.24 Building Services 4,830.00 55127 Building Inspection 12.30.23-01.26.24 Building Services 6,868.00 55127 Building Official 12.30.23-01.26.24 Building Services 12.30.23-01.26.24 2,384.00 55240 Engineering Staff Services 12.30.23-01.26.24 Engineering Staff Services 12.30.23-01.26.24 17,680.00 AP Checks by Date - Detail by Check Date (3/4/2024 1:49 PM) Page 4 Item 2 Page 5
Town Council Meeting March 12, 2024
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 43327: 38,494.00
43328 1308 Embarcadero Media Foundation 03/01/2024
80467 Legal Advertising Planning January 2024 Legal Advertising Planning January 2024 1,420.00 80467 Legal Advertising Admin January 2024 Legal Advertising Planning January 2024 980.00 Total for Check Number 43328: 2,400.00
43329 2553 Farallon Company Engineering 03/01/2024
2302-11 Storm Related:Temporary TrafficSignalSystem-Skyline&OLHR Jan2024 Storm Related:Temporary TrafficSignalSystem-Skyline&OLHR Jan2024 22,182.83 2401 Storm Related: Install orange fence on Old La Honda Rd Storm Related: Install orange fence on Old La Honda Rd 5,455.21 Total for Check Number 43329: 27,638.04
43330 2100 Patricia Higashioka 03/01/2024
Reimb02.28.24 Reimbursement: Deferred Comp FSA Payroll Contribution FY23 Reimbursement: Deferred Comp FSA Payroll Contribution FY23 199.94 Total for Check Number 43330: 199.94
43331 3048 Lasky Trade Printing 03/01/2024
59838 PSA Meeting Postcards 3750 qty. PSA Meeting Postcards 3750 qty. 1,209.69 Total for Check Number 43331: 1,209.69
43332 2225 Mission Uniform 03/01/2024
521115672 Weekly Public Works Uniform Rental Service 02.27.24 Weekly Public Works Uniform Rental Service 02.27.24 43.80 Total for Check Number 43332: 43.80
43333 2813 Occasions, etc. 03/01/2024
34383 3 Nameplates for ASRB & Planning Commission Members Nameplates for ASRB & Planning Commission Members 91.51 Total for Check Number 43333: 91.51
43334 1245 ODP Business Solutions, LLC 03/01/2024
351918354001 Supplies:Paper, business card holder Supplies:Paper, business card holder 63.96 352856870001 Supplies:Cartridge tape, masks, ziploc bags Supplies:Cartridge tape, masks, ziploc bags 107.41 Total for Check Number 43334: 171.37
43335 1250 Pacific Gas & Electric 03/01/2024
P1399 02.21.24 1399341562-2 Street Lamp 01.17.24-02.14.24 1399341562-2 TH Street Lamp 01.17.24-02.14.24 22.40 Total for Check Number 43335: 22.40
43336 1254 Pacific Gas & Electric 03/01/2024
P3704 02.16.24 Library 2- PGE3704920953-1 01.11.24-02.11.24 Library 2- PGE3704920953-1 01.11.24-02.11.24 960.00 Total for Check Number 43336: 960.00
43337 3014 Parametrix, Inc. 03/01/2024
53024 On-Call Plan. Traffic Eng.Services through 02.03.24On-Call Plan. Traffic Eng.Services through 02.03.24 203.75 Total for Check Number 43337: 203.75
43338 2901 Peninsula Truck Repair, Inc. 03/01/2024
10798 Oil Change Maintenance 02.14.24 2021 RAM -5500Oil Change Maintenance 02.14.24 2021 RAM -5500 765.63 10802 Mount and Balance Tires 02.26.24 2019 RAM -5500Mount and Balance Tires 02.26.24 2019 RAM -5500 1,769.89 Total for Check Number 43338: 2,535.52
43339 1266 Petty Cash 03/01/2024
AP Checks by Date - Detail by Check Date (3/4/2024 1:49 PM) Page 5 Item 2 Page 6
Town Council Meeting March 12, 2024
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PC 02.15.24 Mileage Reimburse Petty Cash Box 01.10.24-02.14.24 Reimburse Petty Cash Box 01.10.24-02.14.24 6.00 PC 02.15.24 Reimburse Petty Cash Box 01.10.24-02.14.24 Reimburse Petty Cash Box 01.10.24-02.14.24 379.15 PC 02.15.24 Mileage Reimburse Petty Cash Box 01.10.24-02.14.24 Reimburse Petty Cash Box 01.10.24-02.14.24 75.00 Total for Check Number 43339: 460.15
43340 3064 Regional Government Services 03/01/2024
16405 1101 Canada Road CEQA2022-0001- Jan 2024 1101 Canada Road CEQA2022-0001- Jan 2024 5,447.50 Total for Check Number 43340: 5,447.50
43341 1276 Roberts Market 03/01/2024

01.31.24 Grocery & Hardware Supplies January 2024 Grocery & Hardware Supplies January 2024 230.69 Refund12.18.23 3015 Woodside Rd BLDG2023-0475 Canceled portion of proposed work 3015 Woodside Rd BLDG2023-0475 Canceled portion of proposed work1,010.00 Refund12.18.23 3015 Woodside Rd BLDG2023-0475 Canceled portion of proposed work 3015 Woodside Rd BLDG2023-0475 Canceled portion of proposed work 202.00 Refund12.18.23 3015 Woodside Rd BLDG2023-0475 Canceled portion of proposed work 3015 Woodside Rd BLDG2023-0475 Canceled portion of proposed work 458.00 Total for Check Number 43341: 1,900.69
43342 1281 Cindy Safe 03/01/2024
Reimb02.28.24 Reimbursement: Deferred Comp FSA Payroll Contribution FY23 Reimbursement: Deferred Comp FSA Payroll Contribution FY23 199.94 Total for Check Number 43342: 199.94
43343 2122 San Mateo County Public Safety Communications 03/01/2024 WDPD 24-03 Quarterly Dispatch Services for WPD Q3 Jan-Mar 2024 Quarterly Dispatch Services for WPD Q3 Jan-Mar 2024 30,504.50 Total for Check Number 43343: 30,504.50
43344 2956 San Mateo Resource Conservation District 03/01/2024 6-CB-GEN Compost Broker Service: Jurisdiction Allocation Oct - Dec 2023 Compost Broker Service: Jurisdiction Allocation Oct - Dec 2023 1,002.01 Total for Check Number 43344: 1,002.01
43345 1291 Sage Schaan 03/01/2024
Reimb02.28.24 Reimbursement: Deferred Comp FSA Payroll Contribution FY23 Reimbursement: Deferred Comp FSA Payroll Contribution FY23 51.48 Total for Check Number 43345: 51.48
43346 1385 Stepford 03/01/2024
2401120 Domain Controller Server Monthly Service 04.01.24-04.30.24 Domain Controller Server Monthly Service 04.01.24-04.30.24 1,586.20 2401121 IT Monthly Off-site Disaster Recovery 04.01.24-04.30.24 IT Monthly Off-site Disaster Recovery 04.01.24-04.30.24 660.00 2401122 IT Monthly Service+MS Office License 04.01.24-04.30.24 IT Monthly Service+MS Office License 04.01.24-04.30.24 3,170.00 2401132 3 HP Replacement laptops 3 HP Replacement laptops 12,532.68 2401136 24 inch HP Display Monitor 24 inch HP Display Monitor 1,350.90 2401150 Bluebeam New User Annual Subscription 04.21.2025 Bluebeam New User Annual Subscription 04.21.2025 400.00 Total for Check Number 43346: 19,699.78
43347 2136 Alexander Tauber 03/01/2024
Refund02.26.24 35 Ranch Road BLDG2022-0277 Weight tickets submitted. 35 Ranch Road BLDG2022-0277 Weight tickets submitted. 1,000.00 Total for Check Number 43347: 1,000.00
43348 1534 Teri Black & Co. LLC 03/01/2024
23-1106-480 Public Works/Town Engineer Recruitment Public Works/Town Engineer Recruitment 20,512.27 Total for Check Number 43348: 20,512.27
43349 1355 The Reveg Edge 03/01/2024
2404 Kite Hill Mowing & Fertilizing 02.17.24 Kite Hill Mowing & Fertilizing 02.17.24 1,440.00 2405 Kite Hill Mowing & Fertilizing 02.24.24 Kite Hill Mowing & Fertilizing 02.24.24 1,350.00 AP Checks by Date - Detail by Check Date (3/4/2024 1:49 PM) Page 6 Item 2 Page 7
Town Council Meeting March 12, 2024
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 43349: 2,790.00
43350 1322 United Site Services 03/01/2024
INV-4204333 Portable Restroom Services Portable Restroom Services 02.21.24-03.19.24 231.57 Total for Check Number 43350: 231.57
43351 1325 US Postmaster 03/01/2024
BulkMail022324 Replenish Bulk Mail Account -Permit# 205 Replenish Bulk Mail Account -Permit# 205 5,000.00 Total for Check Number 43351: 5,000.00
43352 1333 Wells Fargo Financial Leasing, Inc. 03/01/2024 5028714312 Postage Meter Rental 03.13.24-04.12.24 Postage Meter Rental 03.13.24-04.12.24 132.34 Total for Check Number 43352: 132.34
43353 1338 Woodside & Portola Private Patrol 03/01/2024 191005 Monthly Commercial Patrol Service Barkley Field Feb 2024 Monthly Commercial Patrol Service Barkley Field Feb 2024 3,200.00 191019 Monthly Commercial Patrol Service Barkley Field March 2024 Monthly Commercial Patrol Service Barkley Field March 2024 3,200.00 Total for Check Number 43353: 6,400.00
Total for 3/1/2024: 202,744.10
Report Total (67 checks): 266,840.17
AP Checks by Date - Detail by Check Date (3/4/2024 1:49 PM) Page 7 Item 2 Page 8
Town Council Meeting March 12, 2024

TOWN OF WOODSIDE
Report to Town Council Agenda Item 3
From: Yazdan Emrani, P.E., Director of Public Works/
Town Engineer March 12, 2024
Approved By: Kevin Bryant, Town Manager
SUBJECT: RESOLUTION APPROVING 1367 CAŇADA ROAD (APN 073-101-030) TO

CONNECT TO THE TOWN CENTER SEWER ASSESSMENT DISTRICT

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution, approving 1367 Cañada Road to connect to the Town Center Sewer Assessment District (TCSAD).

BACKGROUND
The subject property, 1367 Cañada Road, lies within the TCSAD, and therefore was assessed a Full Assessment at the time the District was established in 1987. The land is owned by Kings Mountain Holdings Two LLC.

According to Municipal Code Section 51.125 Allocation of Sewer Services to Area II, (A) sewer service shall be reserved for all parcels for which there is a paid Full Assessment and which have not yet connected to the RCS or TCSAD sewer systems. The attached letter from the owners’ representative constitutes their request for the Town's approval.

DISCUSSION
The Town has no record that the owners or their predecessors in interest actually paid the Full Assessment at the time the TCSAD was established. For that reason, an Equalization Fee will be collected from the owner to connect to the TCSAD sewer system. The owner has been informed about the required fee and that the property owner is responsible for construction of lateral lines; and that the property owner must obtain the required permits for the work.

ATTACHMENTS
A. Resolution 2024 –
B. Location Map
Item 3 Page 1 Town Council Meeting March 12, 2024
RESOLUTION NO. 2024-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE APPROVING 1367 CAŇADA ROAD (APN 073-101-030) TO CONNECT TO THE TOWN

CENTER SEWER ASSESSMENT DISTRICT (TCSAD)
WHEREAS, 1367 Cañada Road, lies within the TCSAD, and therefore was assessed a Full Assessment at the time the District was established in 1987; and
WHEREAS, according to Municipal Code Section 51.125 Allocation of Sewer Services to Area II, (A) sewer service shall be reserved for all parcels for which there is a paid Full Assessment, and which have not yet connected to the RCS or TCSAD sewer system; and
WHEREAS, the current owner Kings Mountain Holdings Two
Investments LLC has requested to connect to TCSAD; and
WHEREAS, the owner has been informed about the required fee and that the property owner is responsible for construction of lateral lines; and that the property owner must obtain the required permits for the work.

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WOODSIDE that the Town of Woodside hereby approves the request of 1367 Cañada Road owners to connect to TCSAD.

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Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 12th day of March 2024, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
______________________________
Mayor of the Town of Woodside
ATTEST:
_______________________________
Clerk of the Town of Woodside
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TOWN OF WOODSIDE
Report to Town Council Agenda Item 4
From: Yazdan Emrani, P.E., Director of Public Works/
Town Engineer March 12, 2024
Approved by: Kevin Bryant, Town Manager
SUBJECT: RESOLUTION AUTHORIZING THE TOWN MANAGER TO REJECT THE BID FOR THE KINGS MOUNTAIN ROAD AT WOODSIDE ROAD CROSSING PROJECT, REBID THE PROJECT, AND EXECUTE A CONTRACT WITH THE LOWEST

RESPONSIVE AND RESPONSIBLE BIDDER IN AN AMOUNT NOT TO EXCEED $140,000, WHICH INCLUDES CONSTRUCTION CONTINGENCY

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution authorizing the Town Manager to reject the received bid for the Kings Mountain Road at Woodside Road Crossing Project, re-bid the project, and execute a contract with the lowest responsive and responsible bidder in an amount not to exceed $140,000, which includes construction contingency.

BACKGROUND AND DISCUSSION
The project will provide marked, high visibility crosswalks at the intersection, across both Kings Mountain Road and Woodside Road. Specific design elements include curb ramps at the ends of each crosswalk, high visibility signage and striping, and push-button controlled flashing beacons for the Woodside Road crosswalk. An advance flashing beacon for eastbound traffic will be provided approximately 325’ west of the intersection to address limited sightlines caused by vehicles approaching the intersection uphill and around a curve. The current schedule in the adopted Capital Improvement Program is to construct the project by summer 2024.

On July 25, 2023, the Town Council approved project design, authorized bidding, and authorized execution of a construction contract not to exceed $140,000.

On February 28, 2024, the Town received one bid from Golden Bay Construction Inc., in the amounts of $185,425.00. The engineer’s estimate was $90,000.

Because the bid by Golden Bay Construction Inc. is 100% higher than the estimate, staff recommends rejecting this bid and re-bidding the project.

If the recommended actions are approved, staff plans to re-bid the project immediately and construct the project in summer 2024.

Item 4 Page 1 Town Council Meeting March 12, 2024

CONCLUSION
The recommended action would allow the Town to reject bids and re-bid the project for construction in summer 2024.

ATTACHMENTS
A. Resolution 2024-
Item 4 Page 2
Town Council Meeting March 12, 2024
KMR at Woodside Rd. Crossing Reject Bids
RESOLUTION NO. 2024-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE

AUTHORIZING THE TOWN MANAGER TO REJECT BIDS FOR THE KINGS MOUNTAIN

ROAD AT WOODSIDE ROAD CROSSING PROJECT, RE-BID THE PROJECT, AND

EXECUTE A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER IN AN AMOUNT NOT TO EXCEED $140,000, WHICH INCLUDES CONSTRUCTION

CONTINGENCY
WHEREAS, the Kings Mountain Road at Woodside Road Crossing Project will provide marked, high visibility crosswalks at the intersection, across both Kings Mountain Road and Woodside Road; and WHEREAS, on July 25, 2023, the Town Council approved project design, authorized bidding, and authorized execution of a construction contract not to exceed $140,000; and
WHEREAS, on February 28, 2024, the Town received one bid from Golden Bay Construction Inc., in the amount of $185,425.00. The engineer’s estimate was $90,000; and
WHEREAS, because the bid by Golden Bay Construction Inc. is 100% higher than the estimate, staff recommends rejecting bids and rebidding the project; and WHEREAS, if the recommended actions are approved, staff plans to re-bid the project immediately and construct the project in summer 2024.

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Town Council of the Town of Woodside that:

The Town Manager is authorized to reject bids for the Kings Mountain Road at Woodside Road Crossing Project, re-bid the project, and execute a contract with the lowest responsive and responsible bidder in an amount not to exceed $140,000, which includes construction contingency.
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Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 12th of March, 2024, by the following vote of members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Mayor of the Town of Woodside
Item 4 Page 3 Town Council Meeting March 12, 2024
KMR at Woodside Rd. Crossing Reject Bids
ATTEST:

Clerk of the Town of Woodside
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TOWN OF WOODSIDE
Report to Town Council Agenda Item A
From: Kevin Bryant, Town Manager March 12, 2024
SUBJECT: REVIEW AND COMMENT ON WOODSIDE FIRE PROTECTION DISTRICT DRAFT ORDINANCE NO. 24-01, WHICH WOULD ESTABLISH FUEL

MITIGATION AND EXTERIOR HAZARD ABATEMENT STANDARDS TO BE

ENFORCED BY THE FIRE DISTRICT THROUGHOUT THE DISTRICT,

INCLUDING THE TOWN OF WOODSIDE

RECOMMENDATION
It is recommended that the Town Council hear a presentation from the Fire Marshal, receive and direct any public and Council comments to the Board of Directors of the Woodside Fire Protection District.

BACKGROUND
Properties within the Town of Woodside receive fire suppression and prevention services through the Woodside Fire Protection District (WFPD), an independent special district that derives its powers and authority in part from the Fire Protection District Law, as delineated in the California Health and Safety Code.

Sections 13861(h) and (i) of the California Health and Safety Code authorize fire districts, including WFPD, to adopt ordinances and establish rules and regulations for the administration, operation, and maintenance of services within their jurisdictions, including fire protection services.

This authorization granting WFPD the power to approve ordinances for the administration, operation and maintenance of services within the district is distinct from the authorization in Health and Safety Code Section 13869.7 which requires fire districts, including WFPD, when adopting a fire prevention code by reference, to refer the proposed ordinance to the Town for ratification, modification, or denial.

WFPD Ordinance 24-01 is being considered by the WFPD Board of Directors under the authority of Section 13861(h) and (i) and would therefore become effective within WFPD’s jurisdiction, including the Town of Woodside, upon adoption by the Board.

The Fire Marshal has requested that WFPD Ordinance 24-01 be place on the Council agenda as an information item to provide an additional forum for community questions and comments.

DISCUSSION AND ANALYSIS
On February 27, 2024, the WFPD Board of Directors introduced Ordinance No. 24-01 (Attachment 1), which would apply fuel mitigation and Item A Page 1 Town Council Meeting March 12, 2024
exterior hazard abatement standards within the boundaries of WFPD, including the Town of Woodside.

The Fire Marshal’s report to the WFPD Board of Directors (Attachment 2) outlines the major provisions of Ordinance 24-01 beginning on page

2. The major provisions of the ordinance are:
• Fuel Mitigation & Exterior Hazard Abatement Standards • Modification Process triggered when there are practical difficulties in carrying out the requirements of the Ordinance • Phased Compliance Due to Qualified Circumstances
• Sale or Transfer of Property
As stated above, WFPD has the authority to adopt and implement Ordinance 24-01. To make residents more aware of the Ordinance, and to provide another opportunity for public comment, the Fire Marshal will attend the March 12, 2024, Council meeting.

Town staff has reviewed Ordinance 24-01 and finds that it provides clear local standards for implementation of state requirements for the establishment and maintenance of defensible space. However, the community should be aware that Ordinance 24-01 goes beyond the state requirements in two important ways. First, it applies these standards to all properties within the District, including the Town of Woodside, not just those areas designated as a very high fire severity zone.

Second, Ordinance 24-01 establishes requirements on properties adjacent to those where a structure is within 100 feet of the property line.

State Requirement. Government Code Section 51182(a)(1)(A) requires that for properties within a designated very high fire hazard severity zone, a defensible space of 100 feet be maintained from each side of a structure. The section goes on to specify that “the intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being used between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure.”
Ordinance 24-01 outlines specific requirements for each of three zones within 100 feet of a structure. Zone 0, referred to as the Emberresistant Zone or the Home Ignition Zone extends from 0 to 5 feet from any structure and requires the most stringent wildfire fuel reduction.

Zone 1, referred to as the Lean, Clean, and Green Zone extends from 5 to 30 feet from any structure, and Zone 2, referred to as the Reduced Fuel Zone, extends from 30 to 100 feet from any structure. The specific requirements for these Zones are found in Section 5 of Ordinance No. 24-01.

District-wide Application. Ordinance 24-01 goes beyond the state requirements by applying the fuel mitigation standards to the entire Fire District, not just those areas designated as a very high fire hazard severity zone. This provision is like the Town’s application Item A Page 2
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of Chapter 7A of the California Building Code, Materials and Construction Methods for Exterior Wildfire Exposure, to the entire Town instead of only those areas designated as a very high fire hazard severity zone. Both the Town’s Building Code and WFPD Ordinance 24-01 recognize that the threat from wildfire is not limited to those areas that have been designated as a very high fire severity zone and that the threat from wildfire is District-wide. Staff supports the application of the fuel mitigation requirements District-wide.

Adjacent Parcels. In instances where structures are within 100 feet of a property line, Ordinance 24-01 would mandate that the owner of an adjacent parcel where a fire hazard exists be responsible for clearing the area on their land which is within 100 feet of the structure to the same standards based on Zone, or distance from the structure (Section 5(c) on page 18). The Ordinance specifies that the party responsible for the structure would be responsible for fifty percent (50%) of the abatement costs on the adjacent parcel. These code provisions are optional and authorized by Government Code Section 51182(a)(1)(B).

Placing a regulatory burden on an adjacent property, authorized by state law, would be new within WFPD’s jurisdiction, including the Twon of Woodside. Staff also notes that Government Code Section 51182(a)(1)(B) states that “fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner.” WFPD Ordinance 24-01 does not include this provision.

The benefit of applying a uniform 100-foot defensible space standard around all structures in the District regardless of property lines is the reduction of the threat from the spread of a vegetation fire to structures. However, requiring adjacent properties to be responsible for creating 100-foot defensible space clearance for a neighbor’s structure, even at half cost, would create a new obligation not before imposed on property owners although authorized by state law.

Concerns about this provision in the ordinance were expressed to the WFPD Board at the public hearing for introduction of the ordinance.

One public speaker said, as reported in the Almanac “the adjacentproperty clause...[would] compel neighbors to take on an unknown, potentially significant cost based on conditions that are outside their control.”
As the Council and community review this provision of the ordinance it is important to note that state law requires ministerial approval of Accessory Dwelling Units (ADU’s) within four feet of side and rear property lines. If approved by the WFPD Board, this ordinance would require that in those instances where an ADU is constructed within 4 feet of the property line, the burden for maintaining fuel mitigation would be imposed on the owner of the adjacent parcels, including the more rigorous standards of Zones 0 and 1.

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Penalties. Sections 6 and 10 of the Ordinance outline the enforcement and penalty provisions for violation of the Ordinance. Staff finds these sections to be standard and provide the District adequate tools to enforce their regulations. Staff would also highlight that Section 7, Phased Compliance Due to Qualified Circumstances, and Section 9, Modifications, provide the Fire District the means to use alternative methods to gain compliance.

CONCLUSION
The Woodside Fire Protection District Board of Directors has introduced Ordinance No. 24-01, which would establish fuel mitigation and exterior hazard abatement standards throughout the District, including the Town of Woodside. The Fire District would be the enforcement agency for the maintenance standards imposed by the ordinance. While this is not an ordinance required to be referred to the Town for ratification, it is appropriate to provide an additional forum for public questions and to refer public and Council comments to the WFPD Board of Directors for their consideration prior to adoption of this ordinance.

ATTACHMENTS

1. WFPD Draft Ordinance No. 24-01

2. Fire Marshal Report to WFPD Board of Directors, February 23, 2024 Item A Page 4
Town Council Meeting March 12, 2024
Initial Version Date: 10-13-2023 (Originally Numbered Ordinance 23-03) Current Version Date: 2-23-2024 (Re-Numbered Ordinance 24-01) - Clean ORDINANCE NO. 24-01 -1-
ORDINANCE NO. 24-01

AN ORDINANCE OF THE WOODSIDE FIRE PROTECTION DISTRICT OF SAN MATEO

COUNTY, CALIFORNIA, ESTABLISHING FUEL MITIGATION AND EXTERIOR HAZARD

ABATEMENT STANDARDS IN ALL STATE AND LOCAL RESPONSIBILITY AREAS

WITHIN THE DISTRICT, REQUIRING DOCUMENTATION OF COMPLIANCE PRIOR TO

SALE OF THE PROPERTY, ADOPTING FINDINGS OF FACT, AND DETERMINING THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The Board of Directors (“Board”), as the governing body of Woodside Fire Protection District (“Fire District”) does ordain as follows:

SECTION 1. AUTHORITY
This Ordinance is authorized by state statutes and regulations, including but not limited to, Public Resources Code Section 4117, Health and Safety Code Sections 13801, 13804, 13861, 13862, and 13870, Government Code section 53069.4, and Government Code Section 51175.

SECTION 2. FINDINGS OF FACT
(a) The California Legislature has declared the following, at Government Code section 8654.2(a):

Catastrophic threats exist to lives, property, and resources in California, including wildfire. Climate change, an epidemic of dead and dying trees, and the proliferation of new homes in the wildland urban interface magnify this threat and place substantially more people and property at risk than in preceding decades. More than 25 million acres of California wildlands are classified as under very high or extreme fire threat, extending that risk to over one-half of the state. (b) The California Legislature has further declared the following, at Government Code section 51175(a):

Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety. The wildfire front is not the only source of risk since embers, or firebrands, travel far beyond the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control. Preventive measures are therefore needed to ensure the preservation of the public peace, health, or safety.
(c) In adopting AB 3074 in 2020, the California Legislature made, among others, the following findings:
(1) Catastrophic wildfires pose an urgent threat to lives, properties, and resources in California. The state experienced the deadliest and most destructive Item A Page 5
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wildfires in its history in 2017 and 2018. Fueled by five years of drought, unprecedented buildup of dry vegetation, and extreme winds, the size and intensity of recent wildfires caused the loss of more than 100 lives, the destruction of tens of thousands of homes and businesses, and the exposure of millions of urban and rural Californians to unhealthy air. Compared with fire activities in 1986, recent wildfires in the western United States have occurred nearly four times more often, burned more than six times the land area, and lasted almost five times as long. (2) Climate change, an epidemic of dead and dying trees, a century of fire exclusion, and the proliferation of new homes in the wildland-urban interface magnify this threat and place substantially more people and property at risk than in preceding decades. More than 25,000,000 acres of California wildlands are classified as under very high or extreme fire threat, extending that risk over onehalf of the state. More than 2,000,000 California households and approximately one in four residential structures in California are located within or near “high” or “very high” fire hazard severity zones identified on maps drawn by the Department of Forestry and Fire Protection.
(3) Certain populations in the state are particularly vulnerable to wildfire. These Californians live in communities that face near-term public safety threats given their location and geography. Some residents in these areas are made further vulnerable due to factors such as age and lack of mobility. The tragic loss of life and property in the Town of Paradise during the 2018 Camp Fire demonstrates that vulnerability
(d) Public Resources Code section 4291 requires, among other things, that private persons and entities who own, lease, control, operate, or maintain a building or structure in, upon, or adjoining, a mountain area, forest-covered lands, shrub-covered lands, grasscovered lands, or land that is covered with flammable material, which area or land is within a state responsibility area, maintain defensible space of 100 feet from each side and from the front and rear of a structure, but not beyond the property line. (e) Government Code section 51182 requires, among other things, that both private persons and private and public entities who own, lease, control, operate, or maintain an occupied dwelling or occupied structure in, upon, or adjoining a mountainous area, forestcovered land, shrub-covered land, grass-covered land, or land that is covered with flammable material, which area or land is within a very high fire hazard severity zone designated by a local agency pursuant to Government Code Section 51179, maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line. In enacting this statute, as stated in Government Code section 51175, it is not the intent of the Legislature to limit or restrict the authority of a local agency to impose more restrictive fire and public safety requirements, as otherwise authorized by law.
(f) Both Public Resources Code section 4291 and Government Code section 51182 authorize by local ordinance fuel modification beyond the property line in order to maintain 100 feet of defensible space from a structure.

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(g) Government Code section 51189 provides that the State Fire Marshal shall develop a model defensible space program that shall be made available for use by local agencies in the enforcement of the defensible space provisions in Government Code section 51182 and Public Resources Code section 4291.
(h) The Fire District’s adoption of stringent fuel mitigation and exterior hazard abatement standards is designed to supplement the requirements of Public Resources Code section 4291 and Government Code section 51182, apply similar requirements that are more restrictive to all private persons and private and public entities throughout the District, utilize the State Fire Marshal’s model defensible space program as a guide in establishing such requirements, and decrease the risk of structure fires spreading to adjacent vegetation and the risk of vegetation fires and wildfires spreading to structures, thereby slowing or stopping fires. The Board bases these standards upon its finding that the following climatic, vegetative, geological, and topographical conditions within the Fire District create a grave risk of wildfire and resulting loss of life and property and environmental damage. These local hazardous fire conditions warrant extensive fuel clearing requirements throughout the Fire District up to within 100 feet of any structures. (1) Weather/Climatic Conditions
The climatic weather patterns within the Woodside Fire Protection District are moderate. The district, on average, experiences an annual rainfall of 26 inches. This rainfall can be expected between October and April of each year. However, during the summer months there is little, if any, measurable precipitation. During this dry period, the temperatures are generally between 70 and 95 F degrees with light to gusty westerly winds. These drying winds, combined with the natural and imported vegetation, which is dominant throughout the area, create a hazardous fuel condition that sets conditions for fire spread into the dense, heavily wooded and brush covered hillsides and canyons as well as grass covered areas where winddriven fires can have severe consequences.

This climate supports the growth of native grasslands, chaparral, oaks, and other indigenous fire adapted plant species in the area. Significant development has occurred within the Fire District, with the addition of primarily residential areas surrounded by large numbers of non-indigenous plant species. Due to the systematic exclusion of naturally occurring fire for over one hundred (100) years, and a reduction in historical grazing activity as pasture has been developed, these indigenous and non-indigenous plant species have created significant fuel loads far exceeding historical levels throughout the Fire District.

Due to the location of the Fire District in proximity to the Santa Cruz Coastal Range, in the fall the more moderate summer weather gives way to Diablo Wind events characterized by high winds and very low relative humidity. These conditions have contributed to major fire loss in the region and throughout the state, with 17 of the 20 most destructive fires in California history occurring in the fall.

The Fire District is exposed to an increasing number of these wind events as climate change has delayed the onset of the rainy season, thus increasing the risk of major Item A Page 7
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fires. This has been demonstrated in several similar climatic areas within the State of California and the western United States.

Because of variable weather patterns, normal rainfall cannot always be relied upon.

This can result in water rationing and water allocation programs, as demonstrated in past drought patterns. Water shortages may also be expected in the future due to limited water storage capabilities and increased consumption. Water shortages often lead to restrictions on the irrigation of landscaping around structures, increasing the potential of vegetation to ignite and spread fire to nearby structures and wildlands.

The district is bounded by San Francisco Bay on the east and the foothills of the Santa Cruz Coastal Range on the west. This setting allows for strong gusty winds to blow through the Fire District. These winds are a common occurrence each afternoon during summer months. Wind increases a fire's ability to spread and has been attributed to the rapid spread of both vegetation and structure fires. This is especially true during Diablo wind events when strong northerly winds are aligned with the upslope direction of the canyons and watersheds of the coastal mountains.

Throughout the Fire District, most homes are surrounded by heavy vegetation with interspersed open areas, creating a semi-rural character. The resulting exposure to wildfire risk is increased by the negative effects of high wind conditions during the fire season. During May to October, critical climatic fire conditions regularly occur when the temperature exceeds 80F; wind speed is greater than 15 mph, fuel moisture is less than or equal to 10 percent, wind direction is from north to the eastsoutheast, and the ignition component is 65 or greater. These conditions occur more frequently during the fire season, but this does not preclude the possibility that a serious fire could occur during other months of the year. The critical climate fire conditions create a situation conducive to rapidly moving, high-intensity fires. Fires starting in the wild land areas along the northern border are likely to move rapidly southward into the populated areas creating the potential for significant property loss and a very challenging evacuation problem.
(2) Vegetative Conditions
The Fire District includes a diverse mosaic of vegetation types, including oak woodland, mixed evergreen forest, grassland, and chaparral. Oak woodlands are the most widespread, with coast live oak dominating, but also including blue oak, canyon live oak, valley oak, black oak, and interior oak. In areas with interlocking evergreen canopy, especially on north and east facing slopes, the understory is primarily tree duff and low growing woody and herbaceous vegetation. In more open oak savanna woodlands, annual grasses and forbs are the primary understory. Chaparral is characterized by woody, drought-tolerant shrubs, many with hard, small, evergreen leaves. Mature chaparrals are highly flammable.

Common plants in the Fire District’s chaparral include scrub oak, chamise, manzanita, buckeye, and ceanothus.

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Much of the oak woodland, chaparral and grassland vegetation is recognized internationally as belonging to the “The California Interior Chaparral and Woodlands” Eco-Region, considered to be of outstanding global importance for the diversity of plant and animal species they support - many of those species only found in California. This Eco-Region covers 24,900 square miles in an elliptical ring around California’s Central Valley, and occurs on hills and mountains ranging from 300 to 3,000 feet in elevation. It is estimated that 70% of this Eco-Region has been lost, and what remains is considered vulnerable to additional loss and fragmentation from development, fire suppression, overgrazing, conversion to annual grasses, and introduction of invasive species.

In their natural state, these vegetation types are characterized by periodic fires, occurring at intervals of as few as 10 years to over a hundred years. Many of the plants are pyrophytes, or “fire-loving,” adapted to (or even dependent on) fire for reproduction, recycling of nutrients, and the removal of dead or senescent vegetation. Plants known as “fire followers” will germinate after the first seasonal rains following a low intensity natural fire. Many fire followers are soft-leaved, non-woody annual plants that die back with the summer dry period. With the introduction of many non-native species, these communities are vulnerable to colonization by invasive species following fires and other types of disturbance. Many invasive plants rapidly form dense stands that increase the fire hazard relative to healthy, naturally occurring vegetation types.

All vegetation in the Fire District reaches some degree of combustibility during the dry summer months and, under certain conditions, during the winter months. With longer intervals between fires, the dead material that accumulates and dense vegetation that develops can become highly flammable. In severe drought years, additional plant material may die, increasing the fuel load relative to a stand’s age.

A stand of 10 to 20-year-old brush typically contains enough dead material to produce rates of spread equivalent to fully cured grass. Because brush has a higher fuel load, fires in brush also yield much higher fire line intensity. The dead fuel load that has accumulated in a 20 to 30-year-old stand of brush may spread at twice the rate of a grass fire. Fire spread in very old brush (40 years or older) has been measured at eight times faster than grass (4 feet per second). Under extreme weather conditions these rates can be much higher, with the fastest fire spread rate in grass at up to 12 feet per second or about eight miles per hour, with the fastest fire spread rate in old brush at up to 96 feet per second or about 65 miles per hour.

Residential structures near mature brush fields are thus at greater threat from wildfire.

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(3) Geological Conditions
Local geological conditions include high potential for seismic activity. The Fire District is comprised of built-up suburban areas having buildings and structures constructed near three major fault systems capable of producing major earthquakes, the modifications cited herein are intended to better limit life safety hazards and property damage in the aftermath of seismic activity.

The Fire District is in a region of high seismic activity with the Hayward fault running east of its border. The San Andreas fault runs right through the district and the Calaveras Fault is to the east of the district. All three faults are known to be active, as evidenced by the damaging earthquakes they have produced in the last 100 years and can, therefore, be expected to do the same in the future. Of primary concern to the Fire District is the San Andreas Fault, which has been estimated to be capable of earthquakes exceeding a magnitude of 7 .0 on the Richter scale. Many underground utilities cross the fault, including major water supply lines.

Additional potential events following an earthquake include broken natural gas mains and ensuing fires in the streets; building fires, as the result of broken service connection, trapped occupants in collapsed structures; and requirements to render first aid and other medical attention to many residents. (4) Topographical Conditions
Local topographical conditions include hillside housing with many narrow and winding streets with slide potential for blockage and limited firefighting water supply. These conditions create the potential for delays in responding when a major fire or earthquake occurs. Many situations will result in limiting or total blockage of fire district emergency vehicular traffic, overtaxed fire district personnel, and a lack of resources for the suppression of fire in both structures and vegetated areas in the Fire District.

The Fire District has many homes that are reached only by narrow and winding paved streets, which hamper access for fire apparatus and provide limited evacuation routes for residents. In addition, many of the hillside homes are in outlying areas that require longer response times for the total required firefighting force. Kings Mountain, Bear Gulch East, Skywood Estates, Old La Honda, Woodside Highlands, Los Trancos Woods and Vista Verde, and other areas with limited access via narrow and winding streets may face the problem of isolation from the rest of the Fire District and will suffer from the need for two-way traffic as evacuation and suppression response travel in opposite directions over limited roadways.

Effective road widths are further reduced by encroaching vegetation and mid-slope roads built without shoulders. This is particularly pronounced in older neighborhoods of Woodside and Portola Valley, some of which were laid out in the 1920s when vehicles were smaller, codes less stringent, and population density Item A Page 10 Town Council Meeting March 12, 2024
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much lower.

Due to steep slopes that characterize many areas of the Fire District, the establishment of infrastructure to support adequate fire protection needs is not feasible. It is difficult to widen existing streets to meet present standards for emergency operations and fire hydrants, especially in the hillside areas, where we often have less than optimum water pressure levels.

In summary, portions of the Fire District have limited water supplies or roadways that delay the response of emergency equipment to carry out the extinguishment of a fire allowing the fire to increase in area.
(i) Environmental Damage
(1) Uncontrolled wildfire causes significant environmental impacts in the Fire District. These impacts include loss of vegetation and biodiversity; the potential for post fire erosion, landslides, and debris flows; adverse air quality, increased greenhouse gases (GHGs), climate change, and water quality impacts; and contaminated and hazardous material disposal challenges. These impacts in turn can damage and sometimes destroy local natural resources. (2) The Ordinance is intended to minimize the loss of structures and environmental and natural resources impacts of uncontrolled wildfire, including loss of vegetation and biodiversity; potential for post - fire erosion, landslides, and debris flows; adverse air quality, increased greenhouse gases (GHG), climate change, and water quality impacts; and contaminated and hazardous material disposal challenges. These environmental and natural resources effects can also lead to public health impacts.
(3) Furthermore, fires that occur in the built environment contribute to air contamination from the fire plume, whose deposition is likely to subsequently include land and water contamination, contamination from water runoff containing toxic products, and other environmental discharges or releases from burned materials.
(4) Studies have shown that low intensity, controlled fire enhances biodiversity by controlling invasive and noxious weed species, thereby allowing native plants to compete more effectively, as well as by opening overgrown understory to allow for wildlife to move more freely across the landscape. Additionally, several of the endemic species of the region require fire to germinate. With low-intensity fire, the chaparral habitat would become more stratified in life stages, and thereby increasing its fire resiliency and habitat value.
(5) Reducing the potential for and the severity of high intensity uncontrolled wildfire through this Ordinance would reduce the significant environmental impacts caused by uncontrolled wildfire and assure the maintenance, restoration, enhancement, and protection of the Fire District’s natural resources and environment.

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(6) Wildfires are inevitable in a fire dependent ecosystem such as California.

Wildfires often occur and are usually uncontrolled and fast moving with high intensity. They put lives and property in clear and imminent danger every year and cause immense damage to structures and the environment. In the absence of measures to manage outcomes, wildfire is likely to lead to structure loss and damage to the environment as a result of uncontrolled fast moving and high intensity fires. As stated under Sections 2(a), 2(b) and 2(c) of this Ordinance, the California Legislature has found that “Catastrophic wildfires pose an urgent threat to lives, properties, and resources in California.” Since October 30, 2015, the State has been under a Governor’s State of Emergency Proclamation due to the increased risk of wildfires related to vast tree mortality. In addition, according to the California Office of Emergency’s website, the State is currently under numerous separate State of Emergency Proclamations issued by the Governor related to wildfires. https://www.caloes.ca.gov/office-of-the-director/policyadministration/legal-affairs/emergency-proclamations/ (7) The need for immediate action to prevent uncontrolled wildfire and its associated damage to life, health, property, and essential public services is also well-documented. In recent years, the Governor has repeatedly issued emergency proclamations related to fire – five in 2022, seven in 2021, and six in 2020. These both evidence and acknowledge the need for immediate action to address wildfire hazards, particularly in fire-prone areas within the state. (8) Some of California’s largest, deadliest, and most destructive wildfires have occurred within the last five years. This is due, in part, to climate change and global warming which causes both land and air to become drier than normal, thus making the perfect conditions for wildfires to ignite.

Experts predict that, as climate change continues, and global temperatures continue to rise, wildfire season in California will continue to extend with more months featuring conditions conducive to uncontrolled wildfire.

Several major wildfires raged in California in 2020, many of which are now amongst the largest wildfires in California history. The 2020 California lightning complex fires were particularly destructive, resulting in the loss of countless structures, several lives, and hundreds of thousands of acres of land.

The CZU Lightning Complex, LNU Lightning Complex, and SCU Lightning Complex fires impacted residents across the Bay Area as the result of dry lightning and major thunderstorms. The CZU Lightning Complex fires consisted of multiple fires throughout the San Mateo and Santa Cruz counties. The fires started in midAugust due to a severe thunderstorm that initially started several separate fires, including the Warnella and Waddell fires. Due to a change in wind conditions, these separate fires merged together and rapidly spread through nearby communities, including Swanton, Boulder Creek, and Bonny Doon.

The CZU Lightning Complex fire incident was finally contained on September 22, Item A Page 12 Town Council Meeting March 12, 2024
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2020, after burning 86,509 acres, destroying 1,490 structures, and causing one death.

As California’s climate conditions continue to worsen, fires like these are becoming more common than ever, making it all the more important for California residents to protect themselves against these emergencies.
(9) Uncontrolled wildfires are emergencies, involving clear and imminent dangers, demanding immediate action to prevent or mitigate loss of, or damage, to life, health, property, or essential public services. This ordinance establishes actions necessary to prevent or mitigate such emergencies.

SECTION 3. APPLICABILITY
(a) This Ordinance establishes fuel mitigation and exterior hazard abatement standards in all state and local responsibility areas within the Fire District. (b) The amount of fuel modification necessary shall consider the flammability of the Structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the Structure. (c) The intensity of fuels management will vary within the one hundred (100′) foot perimeter of a Structure, the most intense being used between five (5’) feet and thirty (30′) feet around the Structure, and an ember-resistant zone being required within five (5’) feet of the structure, including attached decks.
(d) This Ordinance shall apply to the following Parcels (the “Affected Parcels”):
(1) All Improved Parcels within the jurisdiction of the Woodside Fire Protection District, at all times of year.
(2) All Parcels adjacent to Improved Parcels where: (a) the owner/occupant of the Improved Parcel is unable to obtain the required Defensible Space, as delineated in this Ordinance; and (b) the current condition of fuels on the subject Parcel is assessed by the Fire Code Official as a Fire Hazard. The owner of the subject Parcel shall provide for the fuel modifications to meet the Defensible Space requirements of the adjacent Improved Parcel subject to this Ordinance and applicable law including the finding that the clearing is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a Structure. (3) All Parcels adjacent to a Fire Apparatus Access Road or Driveway. (e) If any part of this Ordinance is in conflict with any other Ordinance adopted by the Fire District, the more restrictive provision(s) shall control. (f) The Fire District Board of Directors reserves its right to adopt reasonable rules, regulations, and resolutions consistent with this Ordinance to enforce, interpret, and carry Item A Page 13 Town Council Meeting March 12, 2024
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out the provisions of this Ordinance. Such rules, regulations and resolutions may vary between different areas within the Fire District. Such rules, regulations, and resolutions shall not be construed to make new requirements not authorized by the Ordinance. In that regard, the Fire Code Official shall prepare Standards and Guidelines for Defensible Space and Home Hardening (the “Guidelines”), which shall serve as a supplemental instruction and interpretation resource. The Fire Marshal is responsible for proposing amendments to the Guidelines as necessary to maintain current instructions and interpretations. The Fire District Board of Directors shall approve by resolution the Guidelines and any amendments.
(g) It shall be the duty of every person who owns, leases, controls, operates, or maintains a dwelling or structure on an Affected Parcel to abate therefrom, and from Fire Apparatus Access Roads and driveways on or immediately adjacent thereto, all Combustible Material, and Hazardous Vegetation which constitutes a Fire Hazard.

SECTION 4. DEFINITIONS
ABATE or ABATEMENT. Shall mean an act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance.

ABATEMENT COSTS. Shall mean any and all reasonable and necessary costs incurred by the Woodside Fire Protection District to enforce this Ordinance and to abate the hazardous vegetation or combustible material on any property pursuant to this Ordinance, including physical abatement costs, administration fees and any additional actual costs incurred for the abatement proceeding(s), including attorney’s fees, if applicable.

APPROVED VEGETATION. Plants, shrubs, trees, groundcovers and other vegetation approved by the Fire Code Official as Fire Resistive Vegetation or that otherwise exhibit properties, such as high moisture content, little accumulation of dead vegetation, and low sap or resin content, that make them less likely to ignite, contribute heat or spread flame in a fire. Typically, vegetation must be irrigated to be Approved Vegetation.

AGENCY HAVING JURISDICTION. The agency that has legal authority to enforce, adopt or amend a code or ordinance.

BIOMASS. Shall mean all green waste material generated during the fuel treatment project.

Biomass includes, without limitation, all grass, weeds, vegetation, and tree trimmings.

BRUSH. Vegetation (typically un-irrigated) with a woody component and multiple stems less than four (4) inches in diameter at breast height including Broom, Coyote Brush, Cypress, Juniper and Poison Oak.

COMBUSTIBLE MATERIAL. Rubbish, litter, or material of any kind other than Hazardous Vegetation, that is combustible, creates a fire hazard and/or endangers public safety.

DAYS. Shall mean calendar days.

DEFENSIBLE SPACE. Means that area described in 14 California Code of Regulations section Item A Page 14 Town Council Meeting March 12, 2024
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1299, Government Code section 51182, Public Resources Code Section 4291 and as otherwise described in this Ordinance, which is adjacent to each exterior side of a building or Structure and must be cleared of brush, Hazardous Vegetation, Combustible Material, and other items, as set forth in this Ordinance. The area includes Zone 0, Zone 1, and Zone 2, extending 100 feet from any Structure.

DRIVEWAY. An access road from the public way to a Structure that is used for public or private vehicular access, including fire and emergency apparatus or vehicles.

FIRE APPARATUS ACCESS ROAD. A public or private road that provides fire apparatus access from a fire station to a facility, building, or portion thereof. This is a general term that includes, but is not limited to, a fire lane, public street, public right of way, private street, parking lot lane, and access road.

FIRE CODE OFFICIAL. The Fire Chief or their duly authorized representatives.

FIRE HAZARD. Any condition, arrangement, act, or omission that:

1. Will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire, or

2. May obstruct, delay, hinder, or interfere with the operations of a fire department or the egress of occupants in the event of a fire.

FIRE-RESISTIVE VEGETATION. Plants that do not easily ignite, and their foliage and stems do not contribute to fire intensity. Supple leaves that are moist or have high water-content.

Characteristics include:
• Watery sap with little odor
• Plants with an open-growth structure (space between branches) • No dead wood
• Thick bark that does not peel away from the trunk
Plants will be more resistant to wildfire by regular watering, fertilizing them with compost, and clearing away dry debris. Using drip irrigation can help both conserve water and deliver enough water to plants.

FUELS. Any combustible material, including petroleum-based products, cultivated landscape plants, grasses, weeds, wildland vegetation, and fences.

FUELS, AERIAL. Standing and supported live and dead combustibles not in direct contact with the ground and consisting mainly of foliage, twigs, branches, stems, cones, bark, and vines.

FUELS, LADDER. Any fuels that could carry fire vertically between or within Combustible Material or Hazardous Vegetation, including but not limited to wood fences located within five (5) feet of any other Structure.

FUELS, SURFACE. Fuels found on the surface of the ground. They include grasses, forbs, brush, logs, and stumps.

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GROUNDCOVER. A plant with little to no aboveground woody material and a horizontally spreading growth pattern. (see guideline for examples)
HAZARDOUS VEGETATION. Shall mean any vegetation that is combustible and endangers public safety by creating a Fire Hazard. Hazardous vegetation is those vegetative materials that will readily ignite, burn, and transmit fire to any Structure or other surrounding and/or adjacent vegetation. Hazardous vegetation includes, but is not limited to, dry grass greater than four inches (4 in.) in height, accumulations of leaves, brush, weeds, green waste, dead or dying shrubs or trees, low-hanging branches, litter, or other flammable vegetation. Hazardous vegetation shall not include commercial agricultural crop that is being actively grown and managed by the property owner or his or her legal tenant. Hazardous Vegetation shall not include healthy, mature, trees.

IMPROVED PARCEL Shall mean a portion of real property on which a Structure is located, the area of which is determined by the Assessor’s maps and records, and which may be identified by an Assessor’s Parcel Number.

LOCAL RESPONSIBILITY AREA (LRA). An area of the state that is not a State Responsibility Area or federal property, and where the financial responsibility for preventing and suppressing fires is primarily the responsibility of the city, town, county, city and county, district, or another local public agency.

MODIFICATION. An alternative to the specified standard requested by a person that owns, leases, or controls one or more of the Affected Parcels that may be necessary due to health, safety, environmental conditions, physical site limitations or other limiting conditions, such as recorded historical sites, that provides mitigation of the problem.

MULCH. Leaves, needles, duff, bark, twigs, small branches, wood chips and other loose surface litter or organic materials that help retain soil moisture and reduce invasion by flammable weeds.

OUTBUILDING. Buildings or Structures that are less than one hundred-twenty square feet in size and are not used for human habitation, and buildings or Structures with a roof but no walls.

PARCEL. A portion of real property of any size, the area of which is determined by the Assessor’s maps and records, and which may be identified by an Assessor’s Parcel Number.

PERSON. Includes any agency of the state, and any county, city, special district, or other local public agency, and any individual, firm, association, partnership, business trust, corporation, nonprofit corporation, limited liability company, or company.

REAL ESTATE TRANSACTION. Shall mean the transfer of real property between individuals or entities.

RESPONSIBLE PARTY. Shall mean an individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture or any other person or entity whatsoever whose act or omission caused or contributed to a violation of this Ordinance.

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ROOF. Shall mean the top covering of a building, including all materials and constructions necessary to support it on the walls of the building or on uprights, providing protection against rain, snow, sunlight, extremes of temperature, and wind. A roof is part of the building envelope.

SAME PRACTICAL EFFECT. This term shall have the same definition as “Same Practical Effect” in the Fire Safe Regulations, California Code of Regulations, title 14, section 1270.01(a)(a).

STATE RESPONSIBLIITY AREA (SRA). An area of the state identified by the Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4125 where the financial responsibility for preventing and suppressing fires is primarily the responsibility of the state.

STRUCTURE. Shall mean any dwelling, house, building, or other types of construction with an area of 120 square feet or greater, whether or not occupied which have a permanent roof structure and are supported by walls or posts that are secured to the ground.

UNIMPROVED PARCEL Shall mean a portion of land of any size, the area of which is determined by the Assessor’s maps and records and may be identified by an Assessor’s Parcel Number (APN) upon which no Structure is located.

WEEDS. Plants, typically nonnative, that to varying degrees spread invasively, grow rapidly, and are difficult to control.

WILDFIRE SAFETY PLAN. A plan approved by the Fire Code Official in accordance with Section 6 or 7 of this Ordinance.

ZONE 0. Referred to as the Ember-resistant Zone or Home Ignition Zone, it extends from 0 to 5 feet from any Structure and attached deck on the Parcel. Zone 0 requires the most stringent wildfire fuel reduction. This Ember-resistant Zone is designed to ensure that fire or embers from igniting materials cannot spread to the Structure. In measuring distance from a Structure in Zone 0, distance is measured from the ground-level foundation of the Structure. In measuring from an attached deck, the distance is measured from the outer edge of the attached deck.

ZONE 1. Referred to as the Lean, Clean, and Green Zone, it extends from 5 feet to 30 feet from any Structure or attached deck.

ZONE 2. Referred to as the Reduced Fuel Zone, it extends from 30 feet to 100 feet from any Structure or attached deck.

SECTION 5. FUEL MITIGATION REQUIREMENTS
(a) Defensible Space for Structures and Attached Decks. All Persons who have any ownership or possessory interest or easement obligation interest in or control of any Improved Parcel within the Fire District shall maintain Defensible Space adjacent to all Structures and attached decks on the Improved Parcel as follows.

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(1) Zone 0
(A) Requirements
(i) Remove Hazardous Vegetation and Combustible Materials that are within the first five feet (5 ft.) of or above a Structure and any attached deck.
(ii) Remove Hazardous Vegetation and Combustible Materials that are under combustible decks, porches, balconies, stairs, or similar attached accessories.
(iii) No combustible bark or mulch is allowed in this zone.

Consider using hardscape like gravel, flagstone, permeable pavers or blocks, pervious or porous concrete, bare ground, or other noncombustible materials.

Exception: Groundcovers consisting of irrigated, approved vegetation if they do not form a means of readily
transmitting fire as determined by the fire code official. (iv) Ensure all live tree branches are kept a minimum of 10 feet above the roof and decking.
(v) Ensure all live branches are kept a minimum of 5 feet away from the sides of the structure.
(vi) Ensure all branches are a minimum of ten feet (10 ft.) away from chimney and stovepipe outlets for appliances/fireplaces that burn solid fuels.
(vii) All plants, shrubs, branches, leaves, weeds, and pine needles have been removed from around the “Structure” including on the roof or rain gutters of the "Building or Structure" or any other location within the Zone.

Exception: Groundcovers consisting of irrigated, approved vegetation if they do not form a means of readily
transmitting fire as determined by the fire code official. (viii) Relocate firewood piles out of Zone 0.
(ix) Maintain the roof of a Structure free of leaves, needles, or any combustible debris.
(x) Grasses and forbs must be (1) removed or (2) irrigated and cut to less than 4 inches.

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(B) Suggestions and Education for Zone 0 (Not Requirements) (i) Use hardscape like gravel, flagstone, permeable pavers or blocks, pervious or porous concrete, bare ground, or other noncombustible materials.
(ii) Limit combustible items such as outdoor furniture, planters, and other combustible items on top of decks.
(iii) Replace combustible fencing, gates, trellis, and arbors attached to the Structure(s) with noncombustible features. For existing fences, consider providing a separation distance of at least 6 feet from any structure unless the last 6 feet of fence connecting to the structure is constructed of non-combustible material. (iv) Relocate garbage and recycling containers outside of this zone unless in a secured, fire-resistant enclosure or covered with a secured, fire-resistant material.
(v) Relocate boats, RVs, vehicles, and other combustible items outside of this zone unless in a secured, fire-resistant enclosure or covered with a secured, fire-resistant material.
(vi) Removal of Acacia (Genus Acacia), Bamboo (Genus Bambusa), Cypress (Genus Cupressus), Eucalyptus (Genus Eucalyptus), Junipers (Genus Juniperus) and Monterey Pines (Pinus Radiata), which are highly flammable plants.
(2) Zone 1
(A) Requirements
(i) All hazardous vegetation and combustible material shall be removed by the owner or occupant of the parcel. Loose surface litter, normally consisting of fallen leaves or needles, twigs, bark, cones, small branches, and mulch shall be permitted to a maximum depth of four inches (4 in.)
(ii) Relocate exposed firewood piles to Zone 2 unless they are completely covered with a fire-resistant material that will not allow embers to penetrate. Maintain clearance of 10 feet around the wood pile.
(iii) Horizontal and vertical spacing among shrubs and trees shall be maintained using the "Fuel Separation" method, the "Continuous Tree Canopy" method or a combination of both to achieve defensible space clearance requirements. The “Fuel Separation” method is attached as Appendix A to this Ordinance. The Item A Page 19 Town Council Meeting March 12, 2024
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“Continuous Tree Canopy” method is attached as Appendix B to this Ordinance.(iv) In both the Fuel Separation and Continuous Tree Canopy methods in Zone 1, the following standards shall apply:
a. All dead and dying woody surface fuels and aerial
fuels shall be removed. Loose surface litter, normally
consisting of fallen leaves or needles, twigs, bark, cones, and small branches, shall be permitted to a maximum depth of four inches (4 in.)
b. Annual grasses and forbs shall be cut/trimmed down
to a maximum height of four inches (4 in.).
(3) Zone 2
(A) Requirements
(i) Horizontal and vertical spacing among shrubs and trees shall be maintained using the "Fuel Separation" method, the "Continuous Tree Canopy" method or a combination of both to achieve defensible space clearance requirements. The “Fuel Separation” method is attached as Appendix A to this Ordinance. The “Continuous Tree Canopy” method is attached as Appendix B to this Ordinance.
(ii) In both the Fuel Separation and Continuous Tree Canopy methods in Zone 2, the following standards shall apply:
a. All dead and dying woody surface fuels and aerial
fuels shall be removed. Examples shall be provided in the Guidelines.
b. Annual grasses and forbs (wildflowers) shall be
cut/trimmed down to a maximum height of four inches (4
in.). Wildflowers shall be cut after they have finished blooming; usually after June 15th.
c. All exposed wood piles shall have a minimum of ten
feet (10 ft.) of clearance, down to bare mineral soil, in all directions, or shall use hardscape like gravel, flagstone, permeable pavers or blocks, pervious or porous concrete, or other noncombustible materials.

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(4) All Zones
(A) Requirements
(i) All Outbuildings and non-portable/permanently installed Liquid Propane Gas (LPG) storage tanks shall have the following minimum clearance:
a. Ten feet (10 ft.) of clearance to bare mineral soil or use other noncombustible items such as gravel, permeable pavers or blocks, pervious or porous concrete.
b. No dead or dying vegetation for an additional ten feet (10 ft.) around their exterior.
(ii) Climbing vines must be removed from Structures within the one hundred (100’) foot defensible space zone around Structure(s) Exception: Climbing vines greater than ½ inch in diameter that are Approved Vegetation, that are irrigated, cleared of dead material, located and maintained so that they do not cause damage to any part of the structure, as determined by the fire code official. The exception shall not apply to new construction of Structures arising after adoption of this ordinance, nor to the planting of new climbing vines on existing Structures after adoption of this Ordinance.
(iii) Maintain the Parcel free of ladder fuels within the 100 foot Defensible Space area around Structure(s).
(iv) For new construction of Structures arising after adoption of this Ordinance, Acacia (Genus Acacia), Bamboo (Genus Bambusa), Cypress (Genus Cupressus), Eucalyptus (Genus Eucalyptus), Junipers (Genus Juniperus) and Monterey Pines (Pinus Radiata), are not permitted. For existing structures, the planting of any of these plants after adoption of this Ordinance is not permitted. (b) Photovoltaic Systems and Equipment. Clearance requirements around freestanding (ground-mounted) photovoltaic systems, equipment, and energy storage systems shall comply with the following:
(1) A minimum 10-foot clearance for clusters of panels not exceeding 1,500 square feet of the combined panel area. The initial five feet of clearance shall meet the Zone 0 standards. The subsequent five feet of clearance shall meet the Zone 1 standards.

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(2) A minimum 30-foot clearance for clusters of panels greater than 1,500 square feet of the combined panel area. The initial five feet of clearance shall meet the Zone 0 standards. The subsequent clearance shall meet the Zone 1 standards. (3) Clusters shall be separated a minimum of 20 feet, edge to edge. (c) Adjacent Parcels.
(1) When a Structure is less than 100 feet from a property line and Combustible Material or Hazardous Vegetation on an adjacent Parcel presents a Fire Hazard for the Structure, the Persons who have any ownership or possessory interest or easement obligation interest in or control of any adjacent Parcel where the Fire Hazard exists shall be responsible for clearing the area on their land which is within 100 feet of the Structure and is needed to provide the necessary fire protection in the manner and to the extent required by the Fire Code Official, in accordance with Section 3 of this Ordinance and the Zone 0, Zone 1, and Zone 2 clearance standards. (2) Where the terrain, condition, or environment on the adjacent Parcel is such that it cannot or should not be disked or mowed, the Fire Code Official may approve modifications.
(3) The Person or persons with an ownership or possessory interest or easement obligation in or control of the Improved Parcel with the Structure shall be responsible for fifty percent (50%) of the abatement costs on the adjacent parcel. (d) Roadside Vegetation.
(1) All Persons who have any ownership or possessory interest or easement obligation interest in or control of any Parcel within the Fire District that abuts a Fire Apparatus Access Road or driveway shall:
(A) Remove all Hazardous Vegetation that is within ten (10) feet, measured horizontally, from the edge of the Fire Apparatus Access Road or five (5) feet measured horizontally, from the edge of any driveway.

Exception: Groundcovers consisting of irrigated, approved vegetation. if they do not form a means of readily transmitting fire as determined by the fire code official.
(B) Ensure that all portions of any tree, located on a Parcel of which the Person has an ownership or possessory interest or easement obligation in or control, overhanging a Fire Apparatus Access Road or driveway has at least

13.5 feet, measured vertically, of clearance from the roadway surface. (C) Maintain free of Ladder Fuels a minimum of a ten-foot-wide strip of land beyond the shoulder of a Fire Apparatus Access Road and of a driveway to a minimum height of six (6) feet along the boundary of a Parcel.

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(2) No Parcel owner may allow any portion of vegetation on his or her property to interfere with street and emergency vehicle access, regardless of whether the access is along a public street or along a private residential access road. The Fire Code Official may provide written notice to the property owner requiring vegetation to be trimmed to at least 13.5 feet of vertical clearance and at least 10 feet of horizontal vegetation management from the edge of the roadway when the Fire Code Official determines the vegetation would otherwise interfere with street or emergency vehicle access.
(e) Fences. Any new combustible fence shall have a separation distance of at least 6 feet from any structure unless the last 6 feet of fence connecting to the structure is constructed of non- combustible materials.

No Person who has any ownership or possessory interest or easement obligation interest in or control of any Parcel within the Fire District shall construct or allow to be constructed or placed on the Parcel any screen, barrier, fence or other Structure made in whole or in part, of bark, mulch, or wood chips within 100 feet of a Structure or within 10 feet of the edge of a Fire Apparatus Access Road or driveway.
(f) Additional or Alternative Fuels Management. The Fire Code Official may mandate additional or alternative fuels management of an area more or less than the abovereferenced widths or height on a Parcel and all sidewalks and roadways on or immediately adjacent thereto, for the protection of public health, safety or welfare or the environment if the Fire Code Official finds that the additional or alternative fuels management is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a Structure. The Fire Code Official shall determine appropriate defensible space distances based upon a visual inspection of the Parcel and shall consider all factors that place the Structure(s) on the Parcel at risk from an approaching fire. These factors shall include but are not limited to, local weather conditions, fuel type(s), topography, and the environment where the adjacent parcel or the Structure(s) is located. Any such inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law. (g) Environmental Concerns.
(1) The fuel mitigation requirements of this Ordinance shall not impact any environmental resources of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Such areas include, but are not limited to, sites included on any list compiled pursuant to Government Code section 65962.5, designated historical resources, and designated scenic highways.
(2) The fuel mitigation requirements of this Ordinance shall be interpreted and applied to avoid the taking of endangered, rare, or threatened plant or animal species, significant erosion and sedimentation of surface waters, and the removal of healthy, mature, scenic trees. Exceptions to the fuel mitigation requirements will be made for very specific sensitive habitat locations, marsh lands, creek banks, and Item A Page 23 Town Council Meeting March 12, 2024
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a minimum of 50 feet from any riparian corridor. The Fire Code Official shall advise persons who own, lease or control Affected Parcels (a) to avoid the use of heavy equipment in and around streams and seasonal drainages, as this is important for protecting water quality, (b) that vegetation removal can cause soil erosion, especially on steep slopes and to keep soil disturbance to a minimum on steep slopes.
(3) The fuel mitigation requirements of this Ordinance do not apply to single specimens of trees or other vegetation that are well-pruned and maintained to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a Structure or from a Structure to other nearby vegetation or to interrupt the advance of embers toward a structure. (4) Compliance with the fuel mitigation requirements of this Ordinance shall be done using the most ecologically and site appropriate treatment option, such as, but not limited to, prescribed burning, manual treatment, mechanical treatment, prescribed herbivory, and targeted ground application of herbicides. (5) When the conditions stated in this Section 5(g) exist, persons who own, lease or control the Affected Parcel or Parcels at issue shall request a Modification of the fuel mitigation requirements and the Fire Code Official shall issue Modifications consistent with the requirements of this subsection.

SECTION 6. ENFORCEMENT
(a) The Fire Code Official shall be the primary authority for enforcement of this Ordinance and shall administer and enforce the requirements as provided in this Ordinance. (b) The Fire Code Official shall have the following responsibilities and authorities in the enforcement and administration of the provisions of this Ordinance:
(1) Receive and respond to complaints through planning and conducting inspections within the limits of available resources.
(2) Review the requirements of this Ordinance with property owners and/or occupants found to be out of compliance, to support voluntary compliance with the provisions of this Ordinance.
(3) Make determinations for appropriate clearance distances based upon a visual inspection of the Parcel and shall consider all factors that place the Parcel or adjoining Structure(s) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the Parcel or adjoining Structure(s) is located. Any such inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.

Item A Page 24 Town Council Meeting March 12, 2024
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(4) Prepare and issue Notices to Abate in accordance with Fire District Ordinances, and such other notices as may be necessary to encourage voluntary compliance with the provisions of this Ordinance.
(5) Carry out all enforcement and abatement proceedings as provided by Fire District Ordinances or as otherwise authorized by law.
(6) Conduct post-notice/pre-abatement inspections and documentation and conduct post-abatement inspections and documentation as provided by Fire District Ordinances.
(7) The Fire Code Official may, at his or her discretion, issue an administrative citation for violations of this Ordinance, in lieu of abating a parcel. (8) Within Fire District boundaries, inspections established by this Ordinance may be performed by designated fire district personnel. (9) Conduct abatements and handle accounting, assessment, and collection of abatement costs, including recordation of liens as may be established by Fire District Ordinances.
(10) Re-inspections of the same violation shall incur an hourly re-inspection fee reflected in the Fire District’s fee schedule at the time of re-inspection for every hour of re-inspection after the third inspection of the same violation, at the same location, within a one-year period.
(c) Nothing herein shall limit the ability of a Fire Code Official to enforce the provisions of this Ordinance, from making initial inspections or independent compliance checks without first receiving a complaint.
(d) Nothing in this Ordinance shall be construed as imposing on a Fire Code Official or the Fire District any duty to abate any Hazardous Vegetation or Combustible Material within a Parcel’s Defensible Space, nor to take any other action with regard to any unlawful Hazardous Vegetation or Combustible Material or violation of this Ordinance, and neither the Fire Code Official nor the Fire District shall be held liable for failure to abate any unlawful Hazardous Vegetation or Combustible Material, nor for failure to take any other action with regard to any unlawful Hazardous Vegetation or Combustible Material or violation of this Ordinance.
(e) The Fire District understands that this Ordinance will require much time, energy, and resources, especially on large properties and that owners will not be cited for noncompliance with the ordinance if they can show evidence of substantial progress toward compliance within the past year as determined by the Fire Code Official and recorded in an approved Wildfire Safety Plan
Item A Page 25 Town Council Meeting March 12, 2024
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SECTION 7. PHASED COMPLIANCE DUE TO QUALIFIED CIRCUMSTANCES (a) A person who is financially unable to comply with this Ordinance or make substantial progress to compliance within one year may file a Modification request for Phased Compliance.
(b) A Person who has any ownership or possessory interest or easement obligation interest in or control of any Parcel subject to this Ordinance may also file a Modification request for Phased Compliance, if there are practical difficulties in complying with the Ordinance or making substantial progress to compliance within one year. This can include, for example, the need to establish new Fire Resistive Vegetation to prevent erosion prior to removing existing Hazardous Vegetation.

The term “practical difficulties” shall refer to any of the findings made by the Fire Code Official under Section 9(a) of the Ordinance.
(c) “Phased Compliance,” for purposes of this Ordinance, refers to a written Wildfire Safety Plan approved by the Fire Code Official by which the Person takes actions to comply with this Ordinance over a period of time in excess of one year, but which shall not exceed a period of three years.
(d) A Modification request for Phased Compliance shall include an affidavit, together with any supporting documents or materials, demonstrating the person’s actual financial inability or other practical difficulties as stated in Section 7(b) to comply with this Ordinance or make substantial progress to compliance within one year. (e) The Fire Code Official may approve a Modification Request for Phased Compliance only if the evidence submitted demonstrates to the satisfaction of the Fire Code Official the person’s actual financial inability or other practical difficulties as stated in Section 7(b) to comply with this Ordinance or make substantial progress to compliance within one year.
(f) The Fire Code Official shall issue a written determination listing the reasons for his or her determination to issue or not issue the Modification request for Phased Compliance.

SECTION 8. SALE OR TRANSFER OF PROPERTY.
(a) Prior to the close of any Real Estate Transaction within the Fire District, the seller of any Improved Parcel must obtain documentation from the Fire Code Official that the property is in compliance with the fuel mitigation requirements of this Ordinance and provide that documentation to the buyer at or before the close of escrow. (b) Documentation of compliance obtained in the six-month period preceding the date of the close of escrow is sufficient to satisfy this section. (c) If documentation of compliance is not available at or before the close of escrow, the seller and buyer shall enter into a written agreement to which the buyer agrees to obtain documentation from the Fire Code Official stating the property is in compliance with the Item A Page 26 Town Council Meeting March 12, 2024
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fuel mitigation requirements of this Ordinance within one year of the close of escrow, or within the time period of an approved Phased Compliance Modification, unless additional time is otherwise approved by the Fire Code Official.
(d) Except as otherwise provided by this Ordinance, the Fire Code Official shall have the discretion to accept alternate means and measures to achieve compliance if completion of the required work will delay the sale or transfer of the property SECTION 9. MODIFICATIONS
(a) Where there are practical difficulties involved in carrying out the provisions of this Ordinance, the Fire Code Official shall have the authority to grant Modifications for individual cases, provided that the Fire Code Official shall first find that:
(1) A modification is necessary to address an environmental, significant erosion, or sedimentation of surface waters concern as required by the provisions of this Ordinance, or
(2) Special individual reasons make the strict letter of this Ordinance impractical, and the Modification is in compliance with the intent and purpose of this Ordinance;
(3) The true intent of this Ordinance or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Ordinance do not fully apply or an equivalent or better form of fire protection is proposed. (4) Phased compliance is necessary due to financial inability or practical difficulties as outlined in subsections (1), (2), or (3) of Section 9(a) above. (b) Any such Modification shall be consistent with the following standards:
(1) The modification will not lessen health, life and fire safety requirements. (2) The modification will provide for the Same Practical Effect in addressing fire hazards as stated in this Ordinance.
(3) The modification will comply with Section 5(g) (Environmental Concerns) of this Ordinance.
(c) A person requesting a Modification may also submit an individualized fire protection plan designed to address concerns due to health, safety, environmental conditions, physical site limitations or other limiting conditions, such as recorded historical sites, that provides mitigation of the problem. Submitted fire protection plans shall be consistent with the standards for fire protection plans provided in Section 4903 of Chapter 49 of the State Fire Code.
(d) The details of actions granting a Modification shall be recorded and entered in the files of the Fire District.

Item A Page 27 Town Council Meeting March 12, 2024
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(e) Where a Modification is not granted, the person requesting the Modification may appeal such denial to the Board of Directors.
(1) Within ten calendar days from service of the Fire Code Official’s decision denying the requested Modification, the person seeking the Modification may appeal the decision to the Board of Directors. Such appeal must be in writing and filed with the Fire Code Official.
(2) At a regular or special meeting of the Board of Directors not less than five days or more than thirty days after receipt of an appeal, the Board of Directors shall hear the appeal.
(3) The Board of Directors may continue the hearing.
(4) Upon conclusion of the hearing, the Board shall issue a decision granting, modifying, or denying the requested Modification.
(5) The decision of the Board of Directors is final.
(f) Additional procedures for the conduct of appeals may be established by resolution of the Board of Directors
SECTION 10. PENALTIES.

Every violation of any regulatory or prohibitory provision of this Ordinance is expressly declared to be a public nuisance. Failure to comply with the fuel mitigation requirements of this Ordinance may result in the issuance of an Administrative Citation as authorized by ordinance adopted by the District, or otherwise ordered by the Fire Code Official to be abated in accordance with law, provided, however, that nothing in this Ordinance shall limit the Fire District from pursuing other available legal remedies for violations of this Ordinance, including but not limited to civil penalties. In addition, any Person who violates any provision of this Ordinance shall be guilty of an infraction or a misdemeanor in accordance with Health and Safety Code Section 13871.

SECTION 11. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION (a) The District finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the following categorical exemptions: Sections 15304 (i) (fuel management activities) as there are extra hazardous fire conditions in the Fire District, 15307 (actions taken as authorized by law to assure protection of natural resources), and 15308 (actions taken as authorized by law to assure protection of the environment).

There are no significant or potentially significant negative environmental impacts from this Ordinance.
• The Ordinance is a regulatory change that would not directly cause any reasonably foreseeable physical change, nor would it determine or cause any future development.

Item A Page 28 Town Council Meeting March 12, 2024
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• Indirect physical changes would require removal of flammable materials in areas with heightened risk to cause and spread wildfires. This would reduce environmental threats caused by wildfires and their spread and would be beneficial to the environment. The benefits of making wildfires less likely to start and spread include but are not limited to, benefits in the areas of air quality, biological resources, cultural and historical resources, hazards, greenhouse gas emissions, recreation, and tribal cultural resources.
• The Ordinance does not impact environmental resources of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Such areas include, but are not limited to, sites included on any list compiled pursuant to Government Code section 65962.5, designated historical resources, and designated scenic highways. • The Ordinance also is required to be interpreted and applied to avoid the taking of any special status species, significant erosion and sedimentation of surface waters, and the removal of healthy, mature, scenic trees. • If compliance with the Ordinance could cause adverse environmental consequences, property owners are directed to request a modification of the requirements from the District.

There are no unusual circumstances under CEQA Guideline section 15300.2(c). No exception identified in CEQA Guideline Section 15300.2 applies to this Ordinance. (b) The District also finds that this Ordinance is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269 and Public Resources Code section 21080(b)(4) as specific actions necessary to prevent or mitigate an emergency. (c) The District further finds that it can be seen with certainty that there is no possibility that the Ordinance may have a significant impact on the environment pursuant to CEQA Guidelines section 15601(b)(3). The Ordinance is proposed for the protection of the environment, including human health and property. The regulatory enactment would require affected properties to remove combustible materials to provide defensible space.

These requirements will be beneficial to the environment by preventing the emergence and spread of wildfires, which can cause immense environmental harm. Further, the Ordinance contains provisions requiring it to be interpreted and implemented in a manner that avoids environmental impacts, and directs property owners to seek modification of the applicable requirements if compliance would cause any such impacts. Due to these requirements, there is no possibility that it will cause significant environmental effects. (d) Each exemption stands as a separate and independent basis for determining that this Ordinance is not subject to CEQA.

Item A Page 29 Town Council Meeting March 12, 2024
Initial Version Date: 10-13-2023 (Originally Numbered Ordinance 23-03) Current Version Date: 2-23-2024 (Re-Numbered Ordinance 24-01) - Clean ORDINANCE NO. 24-01 -26-
SECTION 12. SEVERABILITY.

If any section, subsection, paragraph, sentence, or clause of this ordinance is determined in a final ruling by a court of competent jurisdiction to be invalid or unenforceable, such finding shall not invalidate any remaining portions of the ordinance. The Board hereby declares that it would have adopted this ordinance, and each section, subsection, sentence, or clause thereof, irrespective of the fact that any portion of the ordinance be declared invalid.

SECTION 13. DATE OF EFFECT.

This ordinance shall take effect and be in full and force and effect 30 days after its passage. This ordinance shall be published as required by law.

PASSED, APPROVED and ADOPTED this _____ day of _________, 2024 at the regular meeting of the Board of Directors, on a motion made by Director ______, seconded by Director ______, and duly carried with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ORDINANCE 24-01
Matt Miller, President
Board of Directors
ATTEST:

Board Secretary
APPROVED AS TO FORM:

Jonathan V. Holtzman
District Counsel
Item A Page 30 Town Council Meeting March 12, 2024
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Item A Page 31 Town Council Meeting March 12, 2024
Initial Version Date: 10-13-2023 (Originally Numbered Ordinance 23-03) Current Version Date: 2-23-2024 (Re-Numbered Ordinance 24-01) - Clean ORDINANCE NO. 24-01 -28-

APPENDIX A
Fuel Separation
The Fuel Separation method shall be implemented as follows:
(A) Minimum clearance between fuels surrounding each building or structure shall range from 4 feet to 40 feet in all directions, both horizontally and vertically. (B) Clearance distances between vegetation shall depend on the slope, vegetation size, vegetation type (brush, grass, trees), and other fuel characteristics (fuel compaction, chemical content etc.). Properties with greater fire hazards, including but not limited to steep slopes and large vegetation, will require greater separation between fuels.

For example, properties on steep slopes having large-sized vegetation will require greater spacing between individual trees and bushes (see Plant Spacing Guidelines and Case Examples below).
(C) Groups of vegetation (numerous plants growing together less than 10 feet in total foliage width) may be treated as a single plant. For example, three individual manzanita plants growing together with a total foliage width of eight feet can be “grouped” and considered as one plant and spaced according to the Plant Spacing Guidelines in this document.
(D) Annual and dormant grasses should not exceed 4 inches in height. (E) The Fire Code Official may modify clearance distances on a Parcel for the protection of public health, safety or welfare or the environment if the Fire Code Official finds that the fuels management is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a Structure.
(F) The Fire Code Official shall determine appropriate clearance distances based upon a visual inspection of the Parcel and shall consider all factors that place the Structure(s) on the Parcel at risk from an approaching fire. These factors shall include but are not limited to, local weather conditions, fuel type(s), topography, and the environment where the Structure(s) is located. Any such inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.

Item A Page 32 Town Council Meeting March 12, 2024
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(G) Table 1. Plant Spacing Guidelines. The guidelines are for general reference. (H) Figure 1. Horizontal clearance between trees to reduce the spread of fire from one fuel to the next. Figure 1 is a visual representation of paragraphs (A) and (B). (I) Figure 2. Horizontal clearance between shrubs to reduce the spread of fire from one fuel to the next. Figure 2 is a visual representation of paragraphs (A) and (B).

Plant Spacing Guidelines
Trees
Minimum horizontal space
from edge of one tree canopy to the edge of the next
Slope Spacing
0% to 20 % 10 feet
20% to 40% 20 feet
Greater than
40%
30 feet
Shrubs
Minimum horizontal space between edges of shrub
Slope Spacing
0% to 20 % 2 times the height of the shrub
20% to 40% 4 times the height of the shrub
Greater than
40%
6 times the height of the shrub
Vertical
Space
Minimum vertical space between top of shrub and bottom of lower tree branches:
3 times the height of the shrub
4 ft. to 40 ft
depending
on slope and
vegetation
type and size
10 ft. to 30 ft.
depending on
slope and
vegetation
type and size
3 Figure 2
Figure 1
Item A Page 33 Town Council Meeting March 12, 2024
Initial Version Date: 10-13-2023 (Originally Numbered Ordinance 23-03) Current Version Date: 2-23-2024 (Re-Numbered Ordinance 24-01) - Clean ORDINANCE NO. 24-01 -30-
(J) Figure 3. Vertical clearance between aerial fuels and surface fuels to remove ladder fuels and reduce the spread of fire from shorter to taller fuels. Figure 3 is a visual representation of paragraphs (A) and (B).
4 ft to 40 ft. depending on slope and vegetation size/type Figure 3
Item A Page 34 Town Council Meeting March 12, 2024
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APPENDIX B
Continuous Tree Canopy
To achieve defensible space while retaining a stand of larger trees with a continuous tree canopy, the Continuous Tree Canopy method shall be implemented as follows:
(A) All surface fuels greater than four inches (4 in.) in height shall be removed. Singlespecimen trees or other vegetation may be retained provided they are well-spaced and wellpruned. (B) Lower limbs of trees shall be pruned to at least six (6) feet up to 15 feet (or the lower 1/3 of branches for trees less than 18 feet tall). Properties with greater fire hazards, such as steeper slopes or more severe fire danger, will require pruning heights in the upper end of this range.
(C) The Fire Code Official may modify clearance distances on a Parcel for the protection of public health, safety or welfare or the environment if the Fire Code Official finds that the fuels management is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a Structure.
(D) The Fire Code Official shall determine appropriate clearance distances based upon a visual inspection of the Parcel and shall consider all factors that place the Structure(s) on the Parcel at risk from an approaching fire. These factors shall include but are not limited to, local weather conditions, fuel type(s), topography, and the environment where the Structure(s) is located. Any such inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.
(E) Figure 4. Defensible space retaining continuous trees. Figure 4 is a visual representation of paragraphs (A) and (B).

Prune
branches at
least 6 ft.

Clear
surface fuels
Figure 4
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Town Council Meeting March 12, 2024
From:

To: Council Members; Jennifer Li
Cc: Kevin Bryant
Subject: Comments on WFPD DRAFT ORDINANCE NO. 24-01
Date: Tuesday, March 12, 2024 3:59:13 PM
Attachments: COMMENT ON WOODSIDE FIRE PROTECTION DISTRICT DRAFT ORDINANCE NO. 24-01.pdf California Fire Hazard Severity Zones.docx
Jennifer,
Desk item for tonight’s TC meeting.

I plan to present it person.

Thanks,
Dave
Town Council Meeting 03/12/2024
Desk Item: Item A
Date: March 12, 2024
To: Woodside Town Council
From: Dave Burow, Woodside Resident, Former TC member, Former Woodside/PV/WFPD Firewise Committee member
Subject: COMMENTS ON WOODSIDE FIRE PROTECTION DISTRICT DRAFT ORDINANCE NO. 24-01

1. I strongly support reducing the danger of wildfires through education, reimbursements, chipper programs, individual actions to reduce fuel and combustible materials, government action to reduce fuel and combustible material on property they control and when needed government action to force private owners to mitigate extreme fire danger. (I spent $5000 after deducting $3500 in reimbursements to remove 5 large eucalyptus trees last year and am diligent in removing dead limbs and material from my property).

2. The proposed ordinance makes reference to the Town of Woodside designating the entire Town a Very High Fire Hazard Zone even though much of the area of the Town is not categorized as being in a VHFHZ (see attached map). I was on the TC for that vote and the reason we did this was so that our building codes would be uniform across Town and would begin the many decades process of upgrading our housing stock to be more fire resistant.

We also believed that the financial burden we would be placing on those who did not live in the VHFHZ would not be significant. The proposed ordinance I believe has the potential to place very significant costs on both those who live in VHFHZ and those who do not. If I was on the TC today, I would remind the the Fire Protection District Board of the history of Woodside designating the entire Town as a VHFHZ and ask that they not use that decision as a basis for applying the proposed ordinance to the entire Town. I ask that the current TC vote on whether they want the WFPD to apply the ordinance to the entire Town.

3. Given that the Town extended the VHFHZ building codes to the entire Town I was surprised that the proposed ordinance does not give any consideration to those who have stucco homes, tile roofs and who have built using Class A building materials. Haven’t these homeowners already invested in protecting their homes from fire danger?

4. I also served for a number of years on the WFPD/PV/Woodside Firewise Committee. We were shown videos of fires in wooded communities where after a fire the trees were standing, and the house was burnt to the ground because most structures burn from the inside out due to embers getting into the attic and crawl space through the air vents. I was surprised to see that there is no reference to actual home hardening through fireproof vents.

I was under the impression that this is more eƯective than clearing trees 80’ away from the house?

5. I would ask the WFPD Board if they have done any estimates of how much it will collectively cost the homeowners in the District to comply with the proposed ordinance? My guess is that it is conservatively in the 10s of millions of dollars.

6. I would also ask the WFPD how much it will cost to enforce the proposed ordinance, especially on adjacent lots? How many lawyers will they need to get specific performance to comply from non-structure owners.

Town Council Meeting 03/12/2024
Desk Item: Item A

7. The commonsense approach to this problem would be to up the level of homeowner education and incentives, expand programs to clear the right of ways and public lands of fuel and if a program with penalties needs to be implemented, limit it to the CA-defined VHFH Zone as a first step.

Town Council Meeting 03/12/2024
Desk Item: Item A
California Fire Hazard Severity Zones (FHSZ) | California State Geoportal Town Council Meeting 03/12/2024
Desk Item: Item A

TOWN OF WOODSIDE
Report to Town Council Agenda Item B
From: Kevin Bryant, Town Manager March 12, 2024
SUBJECT: APPROVE A COMMENT LETTER OPPOSING AT&T’S APPLICATION TO THE

CALIFORNIA PUBLIC UTILITIES COMMISSION TO HAVE THEIR

CARRIER OF LAST RESORT OBLIGATION REMOVED

RECOMMENDATION
It is recommended that the Town Council approve the attached draft letter (Attachment 1) to the California Public Utilities Commission (CPUC) opposing AT&T’s application to have its Carrier of Last Resort Obligation removed.

BACKGROUND AND DISCUSSION
AT&T has filed an application with the CPUC to be relieved of its Carrier of Last Resort (COLR) obligations in certain areas of California, including most of San Mateo County and all of the Town of Woodside. If approved, AT&T California would no longer be required to offer landline telephone service where it is currently required to offer Basic Services in those areas.

A COLR is a telecommunications service provider that provides basic telephone service, commonly landline telephone service, to any customer requesting such service within a specified area. At least one telephone company in a specified area is legally required to provide access to telephone service to anyone in its service territory who requests it. AT&T is the designated COLR in many parts of California, including the Town of Woodside. Where AT&T is the default landline telephone service provider it must provide traditional landline telephone service to any potential customer. AT&T is proposing to withdraw as the COLR in the Town’s service area.

An area without a COLR could mean that there would be no landline telephone company serving the area. If the CPUC accepts AT&T’s proposal then no COLR would be required to provide basic service in the Town.

Attachment 2 is the information provided on CPUC’s webpage about AT&T’s application regarding its COLR application. Attachment 3 is the Notice of Pending Regulatory Application issued by AT&T to its customers.

The Town of Woodside is located in the wildland-urban interface and many residents, particularly in the Western Hills, lack consistent and reliable wireless service. During severe storms and other emergency events, residents have experienced extended periods of time without cellular service.

Item B Page 1 Town Council Meeting March 12, 2024
For those with unreliable cellular service, landlines remain the last means for contacting emergency services. Many of these residents maintain their landlines as an option of last resort when all other means of communication are down.

Attachment 1 is a draft letter expressing the Town’s opposition to AT&T’s request to be relieved of its COLR obligations due to the loss of communications during emergency events.

CONCLUSION
AT&T’s application to be relieved of its COLR obligations has raised concerns and opposition around the State. Attachment 4 is a letter from Members of Congress to the CPUC. The San Mateo Board of Supervisors is also demanding more information from AT&T about the impact of the proposal on San Mateo County. Opposing AT&T’s application will add the Town’s voice to those expressing concern to the CPUC.

ATTACHMENTS

1. Draft Comment Letter

2. CPUC Webpage: AT&T Applications Regarding Carrier of Last Resort and Eligible Telecommunications Carrier Designation

3. AT&T Notice of Pending Regulatory Application

4. Letter from Members of Congress to the CPUC
Item B Page 2 Town Council Meeting March 12, 2024
March 12, 2024
CPUC Public Advisor’s Office
505 Van Ness Avenue
San Francisco, CA 94102
Re: Proceeding No. A.23-03-003
Dear CPUC,
I am writing on behalf of the Town Council of the Town of Woodside to express our concerns with AT&T’s application to be relieved of its Carrier of Last Resort (COLR) obligations.

The Town of Woodside is in the wildland-urban interface in southern San Mateo County, and many of our residents lack constant and reliable wireless service on the best weather days. In emergency events, such as severe storms, fires, and earthquakes, residents have experienced days and even weeks without cellular service.

Landlines remain the last means for contacting emergency services and receiving emergency updates when other services fail. For that reason, many residents maintain their landlines as an option of last resort for use in an emergency.

In its consideration of this application, the Town requests that the CPUC deny the application because of the limiting effect it will have on potentially lifedependent emergency communications. At a minimum, the Town would request that an exception be provided for residents who live in areas with unreliable cellular service.

Thank you for your consideration.

Sincerely,
Jenn Wall
Mayor
Item B Page 3
Town Council Meeting March 12, 2024
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Home › Industries and Topics › Internet and Phone › AT&T Applications Regarding COLR and ETC Designation AT&T Applications Regarding Carrier of Last Resort and Eligible Telecommunications Carrier Designation
Proceedings A.23-03-002 and A.23-03-003
Carrier of Last Resort (COLR)
AT&T has requested to be relieved of its Carrier of Last Resort (COLR) obligations in certain areas of California. If approved, AT&T California (landline service, separate from cellular) would no longer be required to offer landline telephone service where it is currently required to offer Basic Service in those areas. Basic Service includes nine service elements such as Lifeline rates for eligible customers, free access to 9-1-1, Telephone Relay Service, and directory and operator services. More information on Basic Service is available at here.

What is a COLR?
A COLR is a telecommunications service provider that stands ready to provide basic telephone service, commonly landline telephone service, to any customer requesting such service within a specified area. At least one telephone company in a specified area is legally required to provide access to telephone service to anyone in its service territory who requests it. This is known as the Carrier of Last Resort (COLR) obligation, which ensures that everyone in California has access to safe, reliable, and affordable telephone service. AT&T is the designated COLR in many parts of the state and is the largest COLR in California. Where AT&T is the default landline telephone service provider means that the company must provide traditional landline telephone service to any potential customer in that service territory. AT&T is proposing to withdraw as the COLR in your area without a new carrier being designated as a COLR.

What areas are impacted by AT&T’s request to withdraw as a COLR? Here is the list of census designated places where AT&T is requesting to withdraw as the designated COLR and here is an online version of the map with address lookup.

What might happen if AT&T withdraws as a COLR?
An area without a COLR could mean that there would be no landline telephone company serving that area and that there could possibly be no landline telephone access for customers in that area. If AT&T’s proposal were accepted as set forth in its application, then no COLR would be required to provide basic service in your area. This does not necessarily mean that no carriers would, in fact, provide service in your area—only that they would not be required to do so. Other outcomes are possible, such as another carrier besides AT&T volunteering to become the COLR in your area, or the CPUC denying AT&T’s proposal. Refer to Application 23-03-003 for more information on AT&T’s request.

Eligible Telecommunications Carrier (ETC) Designation
In addition, on March 3, 2023, AT&T requested to give up its designation as an Eligible Telecommunications Carrier (ETC).

Refer to Application 23-03-002 for more information, as well as the Administrative Law Judge’s January 12, 2024 ruling establishing a revised schedule for this proceeding and the Assigned Commissioner’s September 20, 2023 Scoping Memo setting forth the issues in the proceeding.

What is an ETC?
An ETC is a telephone company operating in a specific geographic area, that receives financial assistance from the federal government-established Universal Service Fund to provide high quality, and affordable telephone service to customers at all income levels in specific geographic areas. One example of a program funded by the Universal Service Fund is federal Lifeline. While funding for this program is provided by the federal government, each state determines a telephone company’s eligibility for ETC designation. In California, a company’s eligibility for these federal funds is determined by the CPUC.

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Does an ETC provide California LifeLine?
In California, the CPUC also approves and denies applications for state funding for programs to provide universal support, including California LifeLine (California’s program is called LifeLine with a capital “L” for “Line”). The California LifeLine program is separate from the federal Lifeline program. An ETC may be a provider of California LifeLine as well as federal Lifeline, but eligibility to provide California LifeLine is not limited to only ETC providers.

What is AT&T’s request in this application?
AT&T is applying to give up its ETC designation, which would allow it to no longer offer federal Lifeline, as well as other federal programs designed to subsidize telecommunications support for low-income individuals and individuals located in remote areas. AT&T’s participation in the California LifeLine program is a separate matter from this application to give up its ETC designation. AT&T asserts that it is not necessary to keep its ETC designation because it no longer receives any federal high-cost support from the federal government to provide universal service. By relinquishing its ETC designation, AT&T will no longer be eligible to receive federal support to provide Lifeline, which could potentially affect all current AT&T Lifeline customers.

What areas are impacted by AT&T’s request to give up its ETC designation? All areas of AT&T’s service territory where it currently holds ETC designation, which is the same as its Carrier of Last Resort (COLR) service territory, could be impacted if the CPUC approves AT&T’s application. Here is a map of the different COLR service territories in California, including AT&T’s.

What are the potential impacts on customers’ bills?
For a household receiving federal Lifeline from AT&T, the bill could increase by $5.25 per month for voice-only service, or $9.25 per month for bundled or internet service. In addition to these amounts, a household on Tribal lands receiving federal Lifeline from AT&T could experience an additional $25 per month bill increase.

What is required of AT&T for the CPUC to approve AT&T’s request? AT&T must demonstrate that another ETC provider can provide universal support in the areas where AT&T wishes to surrender its ETC designation. Refer to the docket card for Application A.23-03-002. For more information on Eligible Telecommunications Carrier designation, please visit this webpage.

Links to AT&T’s applications: A.23-03-002 and A.23-03-003.

Opportunities for Public Comment and Participation
The CPUC will hold in-person and virtual public forums for customers of AT&T to provide input into the company’s two proposals to remove its obligation under California to provide voice services in its service territories.

WHEN FORMAT LOCATION
February 6, 2024, 2 p.m. and 6 p.m. In-person only Clovis City Council Chambers 1033 5th St., Clovis, CA 93612
February 22, 2024, 2 p.m. and 6 p.m. In-person only Mendocino County Board of Supervisors 501 Low Gap Rd., Room 1070, Ukiah, CA 95482
March 14, 2024, 2 p.m. and 6 p.m. In-person only Indio City Hall Council Chambers 100 Civic Center Mall, Indio, CA 92201
March 19, 2024, 2 p.m. and 6 p.m. Virtual only Remote access via webcast or phone.

More information below.

WHAT: The public forums will begin with a brief overview of AT&T’s proposals, then parties to the proceeding may provide brief overviews, and then public comments will be heard. At least one representative from AT&T will be available to answer questions about individual customer bills or service.

Remote Access Options for the March 19 VIrtual Public Forums:

Live video broadcast with English or Spanish captions via webcast: www.adminmonitor.com/ca/cpuc Participants who choose to view via webcast will have audio and video but will not be able to make verbal comments. If you would like to make comment during the forums, refer to the phone-in information below. th
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For captions, after clicking on the name of the meeting, click the green button below the video for captions. Then select captions by clicking on the white icon next to the word “live” at the bottom of the video.

The public forums will be recorded and archived for future viewing.

Phone: 1-800-857-1917, passcode: 6032788#
Participants will have audio and will be able to make comments. (To make a comment, after entering the passcode, when prompted press *1, unmute your phone, and record your name.) Wait times depend on the number of speakers in the public comment queue. During times of high call volumes, wait times will be longer. The operator will call on you when it is your turn to speak.

Customers can also make their voice heard in the proceedings, and read the comments of others, on the proceeding’s Docket Card comment section for A.23-03-002 and A.23-03-003.

For more information on the proceedings or participating in the CPUC’s process, contact the CPUC’s Public Advisor’s Office by emailing [email protected], calling 1-866-849-8390, or reviewing the Public Advisor’s Office webpage .

QUICK LINKS
AT&T's Carrier of Last Resort (COLR) Proceeding
Application (A.)23-03-003
Proceeding documents
Make an online comment here.

AT&T's Eligible Telecommunictions Carrier (ETC) Proceeding Application (A.)23-03-002
Proceeding documents
Make an online comment here.

Other Helpful Information
Media Advisory
Fact Sheet
Public Forums Schedule
Website
HOW CAN WE HELP?
Emergency? Call 911
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Power Outage Map
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Financial Assistance
Consumer Programs and Services
Electric Rate Comparison Website
Item B Page 6
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IMPORTANT: This letter describes an application that has not yet been approved by the CPUC. No changes are being made to your service at this time. We will let you know when and if any changes will affect your service.

To be sent via email or mail
«FIRST NAME» «LAST NAME»
«STREET ADDRESS»
«CITY», «STATE» «ZIP»
Notice of Pending Regulatory Application
Application 23-03-003
<Mail Date>
AT&T California has submitted an application to the California Public Utilities Commission (CPUC) that, if approved, would remove AT&T’s obligation under California law to provide traditional landline phone service in a large portion of our service territory in California. This message explains what’s in AT&T's application and how to find out more information.

IMPORTANT: This letter describes an application that has not yet been approved by the CPUC. No changes are being made to your service at this time. We will let you know when and if any changes will affect your service.

Summary of AT&T’s Application for Relief from Carrier of Last Resort Obligation AT&T’s role as the default landline phone service provider (also known as the Carrier of Last Resort or COLR) means that we must provide traditional landline phone service to any potential customer in our service territory. In our application, AT&T has asked the CPUC to remove our role as the COLR in a large portion of AT&T’s service territory in California.

If the CPUC approves AT&T’s application as proposed, it would mean:

For Traditional Landline Phone Service Customers:
• AT&T would continue providing traditional landline phone service to existing customers until all federal and state regulatory processes are completed. AT&T has also committed to providing service to existing traditional landline phone customers for at least six months after the CPUC approves the application.
• AT&T would communicate with traditional landline phone customers about the process of changing your existing service to either a different voice service available from AT&T, or a voice service offered by another provider in your area.
• AT&T would remain the COLR in areas where no alternative voice services are yet available and continue to provide traditional landline phone service to our customers until proven alternatives become available.

For Voice Over Internet Protocol (VoIP) Customers:
• Customers with VoIP service could be affected in the future since approval of this application will be a first step towards AT&T transitioning to IP-enabled wireless and fiber networks.

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IMPORTANT: This letter describes an application that has not yet been approved by the CPUC. No changes are being made to your service at this time. We will let you know when and if any changes will affect your service. • AT&T would communicate with VoIP customers prior to changing your existing service, if a change is necessary.
• If you have questions about which type of VoIP service you have and whether you could be impacted in the future, please call customer service at 800.288.2020.

For Wireless Customers:
• Wireless service would not be affected by this application.

Maps of Affected Areas Are Available
A map of your zip code showing affected areas is included with this notice, and an online version of the map is available with address lookup here: http://pub.att.com/COLRmap The map depicts 1) areas in AT&T California’s service territory in which AT&T seeks to withdraw as a COLR, and 2) areas where AT&T may seek to withdraw as a COLR in the future using a proposed streamlined advice letter process.

The CPUC’s Review Process
AT&T’s application is subject to approval by the CPUC. Multiple parties oppose this application. The Commission will evaluate the evidence from all parties, as well as public input, before deciding whether to approve the application. At the end of the process, the CPUC is expected to issue a final decision and vote on whether to approve the application.

Options to Provide Feedback on This Application to the CPUC The CPUC plans to gather public input about AT&T’s application, and it has scheduled public participation hearings in February and March 2024. You can find more information about upcoming public participation hearings here: https://www.cpuc.ca.gov/pph Customers may also share concerns with the CPUC in writing. Please visit apps.cpuc.ca.gov/c/A2303003 to submit a public comment in this proceeding’s Docket Card. You may also mail written comments to the CPUC’s Public Advisor’s Office at the address below. If you mail comments, please include the proceeding number A.23-03-003 on the envelope.

For more information about participating in the public participation hearings, submitting comments, to request special assistance, to request a non-English or Spanish language interpreter, or if you have questions about the process, you can contact the CPUC’s Public Advisor’s Office at:

CPUC Public Advisor’s Office
505 Van Ness Avenue, San Francisco, CA 94102
Phone: 1.866.849.8390 (toll-free) or 1.415.703.2074
Email: [email protected]
PublicAdvocates.cpuc.ca.gov
Please reference Application 22-03-003 in any communications you have with the CPUC regarding this matter.

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February 20, 2024
Alice Busching Reynolds
President
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102
Dear Ms. Reynolds:

On behalf of the constituents of the California Delegation, we raise serious concerns with AT&T’s applications to be relieved of its Carrier of Last Resort (COLR) obligations and to remove its Eligible Telecommunications Carrier (ETC) designation in areas of California. AT&T’s application to cease landline service in our communities threatens public safety in an area plagued by earthquakes, severe storms, floods, and fires and that has a geography that often disrupts cellular service for days, if not weeks, at a time. During these times, residents are only able to contact emergency services and obtain emergency updates via their landlines. In fact, many of these areas do not have reliable cellular service on a good weather day, at best. If AT&T’s petition is granted, we think an exception for residents who live in areas with unreliable cellular service, where they are prone to fires, earthquakes, flooding, and landslides is warranted.

Congress has repeatedly passed legislation seeking to address the worsening severity of natural disasters and their impact on our constituents. For example, in the Bipartisan Infrastructure Law Congress provided $500 million for hazardous fuels mitigation; $500 million for prescribed fires; $500 million for communities to implement a community wildfire defense plan; $5 billion for utilities to underground power lines, install fireresistant technologies, and expand the use of microgrids; and $3.5 billion for weatherization assistance to help homeowners make energy-efficient improvements that help fireproof their homes. Ensuring residents are able to communicate and reach emergency services during these natural disasters addresses the Congressional concern with mitigating the loss of life and property during these natural disasters that often require federal funds for remediation for the loss of property. There is no remediation possible for the loss of life.

CPUC’s stated mission is to ensure Californians have safe, reliable utility services. We do not believe that removing access to landlines is compatible with this mission. When catastrophic earthquakes, destructive fires, cataclysmic landslides, or ravaging floods happen residents are left without the electricity or working cellular towers necessary for cellular phone usage for days and weeks at a time. These disasters are not figurative or future possibilities. They happen regularly in this area of the country.

For example, this year already hundreds of thousands of Californians who were without power due to the Pineapple Express weather system storms, floods, and landslides. The earthquake of 2022 left Californians without power for such an extended period of time, people were unable to charge their cellular phones. The only way to call for emergency services and stay in touch with the outside world was via neighbors that had landlines. What will happen if these landlines are removed? How will people call for emergency service in a disaster or in areas with poor cellular reception?
As of the morning of February 7, 2024, you had over 3,000 comments asking you to deny the petition. We think these comments are worth consideration when determining whether to deny AT&T’s petition or to create an exception for residents who live in areas with unreliable cellular service, where they are prone to fires, earthquakes, flooding, and landslides.

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As the CPUC considers AT&Ts proposal to discontinue lifesaving services, we think a clear-eyed analysis of the limitations of the cellular service in good conditions, and in the hilly and mountainous areas where disasters can cause prolonged power outages is necessary. We encourage you to fully and fairly consider the concerns from constituents in our districts about the impact the loss of land lines would have on the safety of our community.

Sincerely,
Mike Thompson
Member of Congress
Doug LaMalfa
Member of Congress
Jimmy Panetta
Member of Congress
Katie Porter
Member of Congress
John Garamendi
Member of Congress
Jared Huffman
Member of Congress
Barbara Lee
Member of Congress
Anna G. Eshoo
Member of Congress

Item B Page 10 Town Council Meeting March 12, 2024
Mark Takano
Member of Congress
Mark DeSaulnier
Member of Congress
J. Luis Correa
Member of Congress
Mike Levin
Member of Congress
Adam B. Schiff
Member of Congress
Kevin Mullin
Member of Congress
Ro Khanna
Member of Congress

Item B Page 11 Town Council Meeting March 12, 2024

TOWN OF WOODSIDE
Report to Town Council Agenda Item C
Prepared by: Melissa Cardinale, Asst to the Town Mgr., March 12, 2024 and Jean Savaree, Town Attorney
Approved by: Kevin Bryant, Town Manager
SUBJECT: (1) ORDINANCE AMENDING TITLE III, ADMINISTRATION, CHAPTER 34, FINANCE, ARTICLE I (PURCHASING OF SUPPLIES, EQUIPMENT, AND SERVICES) OF THE WOODSIDE MUNICIPAL CODE; (2) ORDINANCE AMENDING TITLE III, ADMINISTRATION, CHAPTER 38 (BIDDING PUBLIC PROJECTS) OF THE WOODSIDE MUNICIPAL CODE; AND (3)

RESOLUTION ADOPTING TOWN OF WOODSIDE PURCHASING POLICIES

RECOMMENDATION
It is recommended that the Town Council adopt the attached ordinances amending Title III, Administration, Chapter 34, Finance, Article I (Purchasing of Supplies, Equipment, and Services), and Chapter 38 (Bidding Public Projects), of the Woodside Municipal Code (WMC), and adopt the Town of Woodside Purchasing Policies by resolution.

BACKGROUND AND DISCUSSION
The Town’s ordinances regarding contracts are found in WMC Title III, Administration, Chapter 34, Finance, Article I, Purchasing of Supplies, Equipment, and Services, and Chapter 38, Bidding Public Projects. The proposed amendments to these ordinances are shown in redline at Attachment 1. These amendments, if approved by Council, will bring Chapters 34 and 38 into compliance with state and federal laws enacted since the last update of Chapters 34 and 38. In conjunction with these ordinance amendments, new Purchasing Policies (Attachment 2) have also been prepared to assist staff members as they draft requests for proposals for consultant services, bid documents for public projects, and contracts for purchasing supplies, equipment, and services.

Proposed Amendments to Chapter 34
WMC Section 34.02 currently references the requirement to comply with federal regulations when a procurement involves the expenditure of federal funds. The proposed amendments to WMC Section 34.02 would add a reference to Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, Section 2-CFR 200317- 200326; the specific regulations related to procurements involving expenditure of federal funds.

To assist staff in navigating these regulations, the Purchasing Policies, Section 2, Application, has been drafted to explain the process to be followed for micro purchases, small purchases, construction contracts, contracts for services, and sole source procurements.

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WMC Section 34.12 currently requires the Town to provide a preference to suppliers of recycled paper products. State law, SB 1383, and regulations adopted by Cal Recycle, now contain additional requirements to achieve a 75% reduction in the amount of organic material disposed of in landfills by 2025. To achieve that reduction, Cal Recycle has issued new regulations for purchasing paper products, and supplying compost and mulch. The proposed amendments to WMC Section 34.12 and the Purchasing Policies, Section 12, reflect these new requirements.

WMC Section 34.13 currently authorizes the Town Manager to approve contracts for $10,000 or less without Council approval. Last year, the Council directed that the Town Manager’s authority be increased to $35,000. The proposed amendments to WMC Section 34.13 reflect that change.

Amendments to WMC Section 34.23 are proposed to reflect a change in state law effective January 1, 2024. Government Code Section 1090 previously prohibited consultants from assisting in the preparation of RFP’s or bid documents and then submitting a response to the RFP or call for bids. Government Code Section 1097.6 now authorizes a consultant to assist in the preparation of RFP’s, plans, or specifications and then to participate in the selection process under certain circumstances. The proposed amendments to WMC Section 34.23 and Purchasing Policies, Section 23, reference the newly enacted Government Code Section 1097.6.

The final proposed amendment to Chapter 34 is found at WMC Section

34.32. As currently written, this provision authorizes the Town Manager to dispose of surplus property valued at $1,000 or less, by public sale, private sale, renting, or destruction. The proposed amendment would increase this value to $3,000.

Proposed Amendments to Chapter 38
Chapter 38 of the WMC outlines the process for awarding contracts on public projects which are covered by the California Uniform Construction Cost Accounting Act (the Act). The proposed amendments to this Chapter will bring the Town’s ordinance into compliance with recent changes to the Act which applies to all public projects, defined in California Public Contract Code Section 22002 as contracts for the construction, reconstruction, erection, alteration, renovation, improvement, repair, painting, repainting, or demolition of publicly owned, leased, or operated facilities.

New WMC Section 38.03 is proposed to allow for public projects with an estimated value of $60,000 or less to be performed by force account, negotiated contract, or purchase order without a formal or informal bid as authorized by the Act.

Proposed amendments to WMC Section 38.04 provide that public projects with an estimated value of $60,000-$200,000 may be awarded through an informal bid process and public projects in excess of $200,000 are required to be formally bid.

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Proposed amendments to WMC Sections 38.06-38.10 outline current state law requirements for the bidding process and determination of the lowest responsive and responsible bidder.

Proposed amendments to WMC Section 38.11 address change orders during construction of public projects.

Finally, proposed amendments to WMC Section 38.12 outline the process that must be followed for public projects constructed on an emergency basis.

The Purchasing Policies have been drafted to address each of the above referenced changes in state law as shown in the Purchasing Policies at Sections 33-45 (Attachment 2).

Contracts Approved from 2021-2023
For the Town Council’s reference, Attachment 3 outlines the number of contracts approved from 2021-2023 valued at $10,000-60,000 and above $60,000.

Purchasing Limits from Agencies in San Mateo County
For the Town Council’s reference, the following chart outlines the purchasing limits from agencies in San Mateo County:

City Population City
Council
City
Manager's
Authority
Department
Director
Town of Atherton 7,137 $30,001 $30,000 $1,000
City of Belmont 28,335 $50,001 $50,000
City of Brisbane 4,851 $25,000 $24,999 $10,000
City of Burlingame 31,386 $75,001 $75,000 $25,000
City of Daly City 104,901 $75,001 $75,000 $20,000
City of Foster City 33,805 $50,001 $50,000 $10,000
Town of Hillsborough 10,927 $30,001 $30,000 $5,000
Town of Los Altos
Hills
8,168 $25,001 $25,000
City of Menlo Park 33,780 $79,001 $79,000
City of Millbrae 23,216 $50,001 $50,000 $10,000
City of Monte Sereno 3,479 $25,001 $25,000
Town of Portola Valley 4,456 $25,001 $25,000
City of Redwood City 84,292 $100,000 $99,999 $25,000
City of San Bruno 43,908 $75,001 $75,000 $30,000
City of San Carlos 28,557 $75,001 $75,000 $10,000
City of San Mateo 105,661 $100,000 $99,999 $50,000
City of South San
Francisco
66,105 $150,001 $150,000
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CONCLUSION
Staff requests that the Council review and provide comments regarding the proposed amendments to WMC Chapters 34 and 38. Once those comments are provided, staff requests that the Council introduce the ordinance amendments and set them for second reading and adoption.

Once adopted, the amended ordinances relating to purchasing of supplies, equipment, and services, and bidding public projects will become effective 30 days thereafter. The Council is also asked to review, provide comments, and then approve the Purchasing Policies.

The Purchasing Policies would become effective immediately but will not be implemented until the amendments to WMC Chapters 34 and 38 become effective.

ATTACHMENT

1. Draft Ordinances

2. Resolution – Purchasing Policies

3. Chart Outlining Contracts Approved from 2021-2023
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ORDINANCE NO. 2024 - _____

ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE TO AMEND TITLE III, ADMINISTRATION, CHAPTER 34, FINANCE, ARTICLE I (PURCHASING OF SUPPLIES, EQUIPMENT, AND SERVICES) OF THE

WOODSIDE MUNICIPAL CODE
WHEREAS, in 1997, by Ordinance No. 1997-486, a codification of the permanent and general ordinances of the Town of Woodside was published which included Title III, Administration, Chapter 34, Finance, Article I, Purchasing of Supplies, Equipment, and Services; WHEREAS, from time to time, Chapter 34 of the Woodside Municipal Code has been amended to reflect changes in law;
WHEREAS, the Town Council has reviewed the provisions of Chapter 34 and finds it appropriate to update its provisions to reflect changes in law and Town purchasing procedures.

NOW THEREFORE, IT IS HEREBY ORDAINED, by the Town Council of the Town of Woodside to amend Woodside Municipal Code Chapter 34 as follows:

Sec. 34.01 Purpose.

The purpose of this subchapter is to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity.

Sec. 34.02 Application.

Except as otherwise provided herein, this subchapter applies to contracts for the procurement of supplies, equipment, and services, entered into by the Town.

When the procurement involves the expenditure of federal assistance or contract funds, the procurement shall be conducted in accordance with mandatory applicable federal law and regulationsUniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards Section 2 – CFR 200317- 200326. Nothing in this subchapter shall prevent any public agency from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law.

Sec. 34.03 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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Architect-engineer and land surveying services. Those professional services within the scope of practice of architecture, professional engineering, or land surveying, as defined by the laws of the state.

Brand name or equal specification. A specification limited to one or more items by manufacturers' names or catalogue numbers to describe the standard of quality, performance, and other salient characteristics needed to meet Town requirements, and which provides for the submission of equivalent products.

Brand name specification. A specification limited to one or more items by manufacturers' names or catalogue numbers.

Business. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

Invitation for bids. All documents, whether attached or incorporated by reference, utilized for soliciting bids.

Person. Any business, individual, union, committee, club, or other organization, or group of individuals.

Procurement. The buying, purchasing, renting, leasing, or otherwise acquiring of any supplies or services. It also includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection, and solicitation of sources, preparation and award of contract, and contract administration.

Quote. Synonymous with "bid" as used in this subchapter.

Services. The furnishing of labor, time, or effort, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements.

Specification. Any description of the physical or functional characteristics or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply or service for delivery.

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Supplies. All property (including but not limited to equipment and materials) except as otherwise provided herein.

Surplus supplies. Supplies which are worn out, obsolete or unsuitable for Town use.

Town. The Town of Woodside.

Sec. 34.04 Establishment of Division of Purchases.

There is hereby established for the Town a Division of Purchases, headed by a Purchasing Agent. The Town Manager or Manager's designee shall be the Purchasing Agent of the Town.

Sec. 34.05 Duties.

In accordance with this subchapter and the Town of Woodside Purchasing Policies, the Purchasing Agent shall:
(A) Procure or supervise the procurement of all supplies and services needed by the Town, except as otherwise provided herein; (B) Exercise direct supervision over the Town central stores and general supervision over all other inventories of supplies belonging to the Town;
(C) Sell, trade or otherwise dispose of surplus supplies belonging to the Town; and
(D) Establish and maintain programs for specifications development, contract administration and inspection and acceptance, in cooperation with the public agencies using the supplies and services.

Sec. 34.06 Operational procedures.

Consistent with this subchapter, the Purchasing Agent may adopt operational procedures relating to the execution of duties.

Sec. 34.07 Delegation.

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The Purchasing Agent may delegate authority to purchase supplies or services, and to dispose of surplus supplies, to other city Town officials if such delegation is deemed necessary for the effective procurement or disposal of those items, and is authorized by the Town Manager.

Sec. 34.08 Consideration of bids and basis of award.

In every case, purchases shall be awarded on the basis of the bid or bids most advantageous to the Town. In determining whether a bid is most advantageous to the Town, in addition to price, the Purchasing Agent or Town Council may consider the following:
(A) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(B) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (C) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(D) The quality of performance of previous contracts or services; (E) The previous and existing compliance by the bidder with the laws and ordinances;
(F) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(G) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
(H) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(I) The number and scope of conditions attached to the bid.

Sec. 34.09 Justification for acceptance of a high bid.

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In cases where the Purchasing Agent makes the purchase and, in the opinion of the Purchasing Agent, the most advantageous bid is not the lowest bid, the Purchasing Agent shall prepare and place on file with the permanent records of the department Town a written statement of his/her opinion and the reasons therefor.

Such statements shall be open to public inspection at all times during regular office hours.

Sec. 34.10 Preference given to bidder within the Town when bids are equal.

A bidder with a permanent place of business within the Town shall be preferred over a bidder without a permanent place of business within the Town, in cases where two or more bids are judged to be equal on the basis of price, quality and service.

Sec. 34.11 Brand names or equal specifications.
(A) Use. Brand name or equal specifications may be used when the pPurchasing aAgent determines that:
(1) No other design or performance specification or qualified products list is available;
(2) Time does not permit the preparation of another form of purchase description, not including a brand name
specification;
(3) The nature of the product or the nature of the Town's requirements makes use of a brand name or equal
specification suitable for the procurement; or
(4) Use of a brand name or equal specification is in the Town's best interest.
(B) Designation of several brand names.
(1) Brand name or equal specifications shall state that substantially equivalent products to those designated will be considered for award.
(2) Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory Item C Page 9
Town Council Meeting March 12, 2024

language that the use of a brand name is for the purpose of describing the standard of quality, performance and
characteristics desired and is not intended to limit or restrict competition.

Sec. 34.12 Preference given to bidder(s) supplyingProcurement of recovered organic waste product and recycled-content paper and paper products.

The Purchasing Agent shall provide a preference to the suppliers of recycled paper or paper products as defined in Cal. Pub. Cont. Code § 10855 equal to five percent of the lowest bid or price quoted by suppliers offering non-recycled paper or paper products, provided the recycled paper is compatible with Town equipment and when fitness and quality are comparable to non-recycled paper products. (A) All vendors providing paper products and printing and writing paper to the Town shall:
(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber instead of nonrecycled products
whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than nonrecycled items.
(2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 CFR Section 260.12.
(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold. This
certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet
website.
(4) Certify in writing, on invoices or receipts provided, which may be electronic, that the paper products and printing and writing paper offered or sold is eligible to be labeled with an Item C Page 10 Town Council Meeting March 12, 2024

unqualified recyclable label as defined in 16 CFR Section 260.12 (2013).
(5) Provide records to Woodside’s recovered organic waste product procurement recordkeeping designee, in accordance with this section and the Town’s procurement policy, of all paper products and printing and writing paper purchases within thirty days of the purchase (both recycled content and nonrecycled content, if any is purchased) made by any
division or department or employee of the Town. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (A)(3) and (4) of this section for recycled-content purchases, purchaser name, quantity
purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled-content paper products or printing and writing papers are provided, include a description of why recycled-content paper
products or printing and writing papers were not provided. (B) All vendors providing compost to the Town shall provide compost that meets the definition in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this section, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

Compost eligible for meeting the Town’s annual recovered organic waste product procurement target must be produced at a
compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on site as defined and permitted under 14 CCR Chapter 3.2 of Division 7.

Compost shall meet the state’s composting operations regulatory requirements.
(C) All vendors providing mulch to the Town shall provide SB 1383 eligible mulch pursuant to 14 CCR Chapter 12 of Division 7 that meet the conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4).

Item C Page 11 Town Council Meeting March 12, 2024

Sec. 34.13 Procedure for purchase of supplies, equipment, and services.

The purchase of all supplies, equipment, and non-consultant services of the Town shall be made pursuant to this section.
(A) Purchases of less than $50010,000.00 Where the amount or value is less than $50010,000.00, the purchase may be made without an informal or formal quote or bid process.
(B) Purchase of $500.0010,000.01 to $25,000.00. Where the amount or value involved is from $500.0010,000.01 to $25,000.00, the purchase or disposal may be made by the Purchasing Agent without written quote, and by informal price checking through telephone or mail inquiry, comparison of prices on file or otherwise. At least three informal quotations should be obtained.
(C) Purchase of $5,001.0025,000.01 to $2035,000.00 made through formal written quote. Where the amount or value involved is at least $5,001.0025,000.01 and up to $2035,000.00, the purchase or disposal shall be made by the Purchasing Agent through formal written quotation, with the purchase being made in the discretion of the Purchasing Agent taking into account the provisions of Sections

34.08 through 34.12.
(D) Purchase of $20,001.0035,000.01 or more made by the Town Council through competitive bid. Where the amount or value involved is at least $20,001.0035,000.01, the purchase shall be made by the Town Council through competitive bid, upon notice as hereafter required by Section 34.18. Provided, however, the Council may elect to make any purchase in any amount (except as the law of the state of California otherwise require) in the following cases:
(1) By affirmative majority vote of three Councilpersons upon a determination that competitive bids upon notice would not be likely to result in a lower price to the Town from a responsible bidder or would cause unnecessary expense or delay under the circumstances;
(2) By majority vote of Councilpersons present at a Council meeting that said purchase may be made through a
Item C Page 12 Town Council Meeting March 12, 2024

governmental entity, as provided in Section 34.17, upon a determination that competitive bids upon notice would not be likely to result in a lower price to the Town from a responsible bidder or would cause unnecessary expense or delay under the circumstances;
(3) By majority vote of those present at a Council meeting upon a determination that the immediate preservation of the public peace, health, or safety requires said purchase be made without competitive bids upon notice;
(4) By majority vote of those present at a Council meeting upon a determination that there is only one source for the required supply or service based on a review of available sources by the Purchasing Agent or written recommendation therefor.

Sec. 34.14 Consultants.
(A) The Council finds and declares that the competitive bid process is ill-suited for the selection of consultants. Consultants are required for professional or technical expertise and for matters requiring specialized abilities or a high degree of skill. Their numbers (in relation to a particular skill or expertise required) are comparatively limited. Where consultants are involved, the bidding process is not likely to result in a lower price to the Town or eliminate unnecessary expense or delay.
(B) The Purchasing Agent shall be empowered to engage a consultant (including, but not limited to, material testing services and construction inspection services) without the necessity of competitive bidding or notice thereof:
(1) Without Council approval if the consultant's total fee for services and materials under the contract by which the
consultant is engaged does not exceed $1035,000.00.
(2) With Council approval if the consultant's total fee for services and materials under the contract by which the
consultant is engaged exceeds $1035,000.00.

Item C Page 13 Town Council Meeting March 12, 2024

Sec. 34.15 Emergency authority of pPurchasing aAgent.
(A) In an emergency requiring the immediate preservation of the public peace, health and safety, and precluding action by the Town Council, the Purchasing Agent may purchase supplies or services, even though the amount thereof may exceed $2035,000.00, without competitive bids upon notice.
(B) At the next succeeding Council meeting, the Purchasing Agent shall submit to the Council a written statement of the circumstances of such emergency, a description of the supplies or services purchased, and the prices thereof.

Sec. 34.16 Waiver of informalities; rejection of bids.
(A) Where the Purchasing Agent or Town Council are required to make purchases upon competitive bids, said Agent or Council may waive any informalities or minor irregularities or may reject any and all bids (anything herein contained to the contrary notwithstanding) if said Agent or Council deems said rejection to be in the best interests of the Town.
(B) Said rejection shall be at the sole discretion of the Agent or Council, as the case may be. Upon rejection of bids, the Agent or the Council, as the case may be, may:
(1) Give subsequent notice for new competitive bids; or (2) Postpone said purchase or disposal definitely or indefinitely; or
(3) Elect to make the purchase without competitive bids, upon notice (and as if competitive bids, upon notice, had not been required in the first instance) in accordance with the
authority granted by the various subsections of this
subchapter.

Sec. 34.17 Purchase through a governmental entity.

Item C Page 14 Town Council Meeting March 12, 2024

Purchases may be made on behalf of the Town through any governmental entity (including, but not limited to, the sState of California or the cCounty of San Mateo) pursuant to authority granted by any statute or ordinance or pursuant to contractual arrangement between the Town and said governmental entity. The Town is hereby authorized and empowered to enter into contracts with other governmental entities providing for purchases to be made on behalf of the Town.

Sec. 34.18 Competitive bids; notice.

Where notice is required, notice shall be given as follows:
(A) For purchase under Section 34.13(D) ($20,001.0035,000.01 or more) by publishing notice in a newspaper of general circulation within the Town on at least one occasion at least five days prior to the date set for the final receipt of bids. Provided that publication may be made in any newspaper of general circulation in San Mateo County which the Purchasing Agent shall select if the publication schedule of all newspapers of general circulation in the Town are such that notice by publication cannot be given in time. (B) The notice shall give such information as to the proposed purchase or disposal as the Purchasing Agent deems sufficient but shall include the following:
(1) A general description of the supplies, equipment, or nonconsultant services to be purchased or personal property to be disposed;
(2) Date, time and place of bid opening;
(3) Whether bid deposit or bond and faithful performance bond will be required.

Sec. 34.19 Competitive bids.
(A) Submission in writing. Where competitive bids are required, they shall be submitted in writing in a sealed envelope at the office of the Purchasing Agent no later than the final time and date for the receipt of bids as set forth in the notice of publication and opened publicly.

Where competitive bids are required, the purchase or disposal shall Item C Page 15 Town Council Meeting March 12, 2024

be made on the basis of three or more of said bids unless the Purchasing Agent shall certify in writing that less than three prospective vendors or purchasers have submitted bids or that, to the best of the Agent's knowledge, there are less than three prospective vendors from whom the supplies or services are available and that bids were invited from all of said vendors. Any bid may be withdrawn by a written request signed by the bidder and received by the Purchasing Agent prior to the final time and date for the receipt of bids.
(B) Opening. Bids shall be opened in public at the time and place stated in the public notices.
(C) Tabulation. A tabulation of all bids received shall be posted for public inspection.

Sec. 34.20 Bid deposits.

When deemed necessary by the Purchasing Agent or Town Council, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent or Council. A successful bidder (and his/her surety, if a bond is furnished) shall be liable for any damages upon the bidder's failure to enter into a contract with the Town or upon the bidder's failure to perform his/her bid.

Sec. 34.21 Faithful performance deposits.

When deemed necessary by the Purchasing Agent or Town Council, any person entering into a contract with the Town may be required to furnish a faithful performance deposit or bond in an amount determined by the Purchasing Agent or Council. Said person (and his/her surety, if a bond is furnished) shall be liable for any damages upon said person's failure to faithfully perform the terms of his/her contract.

Sec. 34.22 Additional powers and duties of pPurchasing aAgent. (A) The Purchasing Agent may call for bids or give notice to any and all persons whatsoever or publish in any case where the same is not required by the terms of this subchapter; and is empowered to invite bids by telephone, telegraph or by mail, fax, or email when deemed in the best interests of the Town.

Item C Page 16 Town Council Meeting March 12, 2024

(B) The Purchasing Agent shall keep a record of all purchases made and the bids, if any, submitted thereon. Said records shall be open to public inspection.

Sec. 34.23 Request for sealed proposals (RFP).
(A) The Purchasing Agent shall be empowered to utilize the request for sealed proposal method for purchase of supplies, equipment, or nonconsultant services without Council approval if the amount or value involved is $2035,000.00 or less if the Purchasing Agent determines that the use of competitive bidding is advantageous to the Town.

Where the Town determines to select a professional consultant’s services under this section, any Town consultant involved in the preparation of and/or implementation of a request for proposal (RFP) for such services shall not be allowed to submit proposals for services under such RFP unless authorized by Government Code § 1097.6 to do so.
(B) Proposals shall be solicited through a request for proposals. (CB) For purchases in excess of $35,000.00, Nnotice shall be given as required by Section 34.18.
(DC) No proposals shall be handled so as to permit disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after contract award.
(ED) The request for proposals shall state evaluation factors. (FE) As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be Item C Page 17 Town Council Meeting March 12, 2024

permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing offerors or of any information derived from proposals submitted by competing offerors.
(GF) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the Town, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation.
(HG) Without limitation to the applicability of any other provisions of this subchapter, the Purchasing Agent or Town Council may reject any and all proposals if said rejection is deemed in the best interests of the Town. Upon rejection, the Purchasing Agent or Council may request new sealed proposals or utilize any alternative method allowed under this subchapter.

Sec. 34.24 Preparation of purchase orders.

Upon ascertaining the price to be paid for supplies, equipment, or services and when requested by a vendor, the Purchasing Agent shall prepare a purchase order. The Purchasing Agent shall forward the original purchase order to the vendor, retaining one copy for his/her purchase order file. He/she shall likewise forward one copy of the purchase order to the department for whose benefit the purchase is being made to be used as a receiving report.

Sec. 34.25 Sufficient funds must be available.

No purchase order shall be issued until it has been ascertained that there is, to the credit of the department of the Town for whose benefit such purchase is to be made, a sufficient unencumbered appropriated balance in excess of all unpaid obligations to defray the amount of such order.

Sec. 34.26 Department headPurchasing Agent responsible for checking quality.

Upon receipt by any department of supplies or services, the department headThe Purchasing Agent or their designee shall be responsible for the making of a careful check of the quality, condition, and quantity received as against his/her Item C Page 18 Town Council Meeting March 12, 2024

copy of the purchase order and the packing lists. The department headPurchasing Agent or their designee shall fill out the receiving report form, attaching thereto the packing lists, if any, and return the same to the Purchasing Agent.

Sec. 34.27 Purchasing aAgent to check invoice.

The Purchasing Agent or their designee, upon receipt of the vendor's invoice, shall compare the same with the copy of the purchase order and the receiving report. He/she shall check the invoice for correctness of unit prices, discounts, transportation allowances, etc., and with reports of quality and quantity of goods received.

Sec. 34.28 Purchasing aAgent'’s inspection.

The Purchasing Agent or their designee shall inspect, or cause to be inspected, all deliveries of supplies, equipment, or services to determine their conformance to specifications. The Purchasing Agent or their designee shall have the authority to require chemical, physical, or other tests of samples submitted with bids and samples of deliveries which are necessary to determine quality and conformance to the specifications. In the performance of such tests, the Purchasing Agent or their designee shall have the authority to make use of laboratory facilities of any department of the Town or any outside laboratory.

Sec. 34.29 Storerooms and warehouses.

The Purchasing Agent or their designee shall control and supervise any and all storerooms or warehouses of the Town. The Purchasing Agent or their designee shall be responsible and accountable for all supplies in his/her custody and shall maintain a suitable inventory thereof.

Sec. 34.30 Disposal of less than personal property valued at $13,000.00.

Except as otherwise provided by sState law or Town ordinance, the Purchasing Agent shall be empowered to dispose of personal property of the Town which cannot be used by any department of the Town, at public or private sale or by renting or destroying the same, (all with or without notice, competitive bid or necessity of posting bid bonds, at the Purchasing Agent's discretion, and upon such terms as he/she deems best), provided any single item of property involved does not exceed $13,000.00 in current market value.

Item C Page 19 Town Council Meeting March 12, 2024

Sec. 34.31 Deposit.

The Purchasing Agent may, in his/her discretion, require that a deposit in the amount of the bid or any fraction thereof accompany each bid upon the disposal of personal property.

Sec. 34.32 Disposal of more than $13,000.00.

In the event any single item of property exceeds $13,000.00 in current market value, the Town Council may empower the Purchasing Agent to dispose of it (in accordance with the same terms and conditions and subject to the same discretion and limitations as if it were under $13,000.00). Alternatively, the Town Council may elect to sell, rent or destroy the same in accordance with whatever provision, terms and conditions the Council may, in its discretion, decide.

Sec. 34.33 Exclusions.

The provisions of this subchapter shall not apply:
(A) To public works projects (governed by the provisions of the California Public Contracts Code);
(B) To franchises governed by the provisions of the California Public Utilities Code or other statute of the state of California; (C) Where state or federal law requires a different procedure; (D) To franchises, rights, privileges, licenses and permits granted by the Town;
(E) To the purchase of insurance;
(F) To the leasing, purchase or sale of land or any interest therein; (G) To the hiring of or contracting for personnel (whether as temporary, seasonal or permanent employees, agents or independent
contractors);
(H) To construction contracts other than public works projects; or Item C Page 20 Town Council Meeting March 12, 2024

(I) To the purchase of utilities, including, but not limited to, telephone service, gas, electricity or water.

Secs. 34.34—34.39 Reserved.

SECTION ONE: In the event that any provision of this ordinance is in conflict with any other ordinances of the Town of Woodside or the Woodside Municipal Code, the provisions of this ordinance shall prevail.

SECTION TWO: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of the Ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION THREE: Pursuant to Section 36937 of the Government Code of the State of California, the Ordinance shall take effect and be in full force and effect thirty (30) days after its final passage.

SECTION FOUR: The Town Clerk shall cause this Ordinance to be published in accordance with the requirements of Section 36933 of the Government Code of the State of California.
* * * * * * * * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance is a full, true and correct copy of Ordinance No. 2024-____ of the Town of Woodside entitled as above; that it was introduced on the _______ of _____________, 2024, and was passed and adopted by the Town Council on the _________ day of ________________, 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_____________________________
Clerk of the Town of Woodside
APPROVED:

Item C Page 21 Town Council Meeting March 12, 2024

_____________________________
Mayor of the Town of Woodside
Item C Page 22 Town Council Meeting March 12, 2024

ORDINANCE NO. 2024 - _____

ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE TO AMEND TITLE III, ADMINISTRATION, CHAPTER 38 (BIDDING PUBLIC

PROJECTS) OF THE WOODSIDE MUNICIPAL CODE
WHEREAS, by Resolution No. 2001-6284, the Town of Woodside elected to become subject to the Uniform Public Construction Cost Accounting Procedures in Public Contract Codes Section 22000 et seq., the Uniform Public Construction Cost Accounting Act (the “Act”); WHEREAS, from time to time, Chapter 38 of the Woodside Municipal Code has been amended to reflect changes in law;
WHEREAS, the Town Council has reviewed the provisions of Chapter 38 and finds it appropriate to update its provisions to reflect changes in law and Town contracting procedures.

NOW THEREFORE, IT IS HEREBY ORDAINED, by the Town Council of the Town of Woodside to amend Woodside Municipal Code Chapter 38 as follows:

Sec. 38.01 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Public facility. Any plant, building, structure, ground facility, utility system, real property, streets and highways or other public work improvement owned, leased, or operated by the Town, a municipal corporation.

Public project. Any of the following:
(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility.
(2) Painting or repainting any publicly owned, leased or operated facility.
(3) Public project does not include maintenance work such as routine, recurring work for the preservation of a publicly owned facility; minor repainting; landscape maintenance; resurfacing streets at less than one inch.

Item C Page 23 Town Council Meeting March 12, 2024

Sec. 38.02 Formal bid—Public projects.

Contracts for Ppublic projects with an estimated value exceeding the amount specified as requiring formal bidding under Section 22032(c) of the as defined in the California Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22032 et seq.) shall be in writing and awarded by the Town Council to the lowest responsible and responsive bidder by written contract, except as otherwise provided herein.

Sec. 38.03 Force account—Public projects.

Public projects of an estimated value of $60,000.00 or less may be performed by employees by force account, by negotiated contract, or by purchase order without formal or informal bid procedures.

Sec. 38.03 04 Informal bid procedures—Public projects.
(A) For Ppublic projects with of an estimated value requiring informal bidding under Section 22032(b) of the California Public Contract Code shall be governed by the informal bid procedures as followsof $60,000.00 to $200,000.00:
(A1) A list of qualified contractors shall be developed and maintained by the Town Engineer in accordance with the
provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(B2) Where a public project is to be performed, aA notice inviting informal bids shall be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Public Contract Code Section 38.0322034, and to all construction trade journals as specified by the California Uniform Construction Cost
Accounting Commission in accordance with Section 22036
of the Public Contract Code. Additional contractors and/or Item C Page 24 Town Council Meeting March 12, 2024

construction trade journals may be notified when soliciting bids; Pprovided, however:
(1a) If there is no list of qualified contractors maintained by the Town for the particular category of work to be
performed, the notice inviting bids shall be sent only
to the construction trade journals specified by the
California Uniform Construction Cost Accounting
Commission.
(b2) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor
or contractors, the notice inviting informal bids may
be sent exclusively to such contractor or contractors.
(3c) Notices shall be mailed at least ten days before bids are due.
(4d) The notice shall describe the project in general terms; how to obtain more information; and state the time
and place for bids.
(5) The Town Manager or his/her designee shall have the authority to award informal bids.
(C3) If all bids received are in excess of the amount specified in Section 22032(b) of the California Public Contract Code, the Town Council may by 4/5 vote pass a resolution awarding the informal contract to the lowest responsible bidder
provided:
(1a) The Council determines that the original cost
estimate by the Town was reasonable.
(b2) The contract so awarded is for an amount not in
excess of $212,500.00 as authorized under Section
22034(d) of the California Public Contract Code.

Item C Page 25 Town Council Meeting March 12, 2024

Sec. 38.04 No bid—Public projects.

Public projects valued at less than the amount specified in Section 22032(a) of the California Public Contract Code may be performed by the employees of the Town by force account, by negotiated contract, or by purchase order without formal or informal bid procedures.

Sec. 38.05 Formal bid procedures—Public projects; notice inviting bids. (A) For public projects of an estimated value above $200,000.00:
(1) The Town Council shall authorize issuance of notices inviting formal bids which shall include a general
description of the public project to be constructed, shall state where bid forms and specifications may be secured, and the time and place for opening bids.
(2) Notice inviting bids shall be published and posted at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation as provided for in
California Public Contract Code Section 22037. Notice shall also be sent by facsimile or email, and mailed, to all
construction trade journals specified in California Public Contract Code Section 22036 fifteen calendar days before the opening of bids.
(3) The Town Council shall also advertise bids by a notice posted at a publicly accessible location. Such posting places can include, but shall not be limited to, electronically accessible locations such as the Town’s website or by other means that reasonably allow prospective bidders to be
notified of pending projects.
(4) The Town Council may require a bid to include prices for items that may be added to, or deducted from, the scope of work in the contract for which the bid is being submitted.

Whenever additive or deductive items are included in a bid, the bid solicitation shall specify which one of the following Item C Page 26 Town Council Meeting March 12, 2024

methods will be used to determine the lowest bid. In the absence of a specification, only the method provided by Subsection (A)(3)(a) of this section will be used.
(a) The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on
the additive or deductive items.
(b) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or
deductive items that were specifically identified in
the bid solicitation as being used for the purpose of
determining the lowest bid price.
(c) The lowest bid shall be the lowest total of the bid price on the base contract and those additive or
deductive items that when taken in order from a
specifically identified list of those items in the
solicitation, and added to, or subtracted from, the
base contract, are less than, or equal to, a funding
amount publicly disclosed before the first bid is
opened.
(d) The lowest bid shall be determined in a manner that prevents any information that would identify any of
the bidders or proposed subcontractors or suppliers
from being revealed before the ranking of all bidders
from lowest to highest has been determined.
(5) A responsible bidder who submitted the lowest bid as determined by this section shall be awarded the contract, if it is awarded. This section does not preclude the Town from adding to or deducting from the contract any of the additive or deductive items after the lowest responsible bidder has been determined.

Item C Page 27 Town Council Meeting March 12, 2024

(6) Nothing in this section shall preclude the prequalification of general contractors or subcontractors.
(7) The Town Council shall also solicit sealed bids from all responsible prospective bidders whose names are on the
bidders’ list or who have made written request that their names be added thereto.

Sec. 38.06 Bidder’s security – Public projects.

When deemed necessary, bidder’s security may be prescribed in the formal or informal notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten days after the notice of award of contract. The Town Council may, at its option, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible and responsive bidder, and if the Town Council awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the Town to the contract price differential between the lowest bid and the second lowest bid, subtracting actual administrative costs, and the surplus, if any, shall be returned to the defaulted bidder.

Sec. 38.07 Bid opening procedure – Public projects.

Sealed bids shall be submitted to the Town and shall be identified as “bids” on the envelope. Bids shall be opened in public at the time and place stated in the bid notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.

Sec. 38.08 Tie bids – Public Projects.

If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay for readvertising for bids, the Town Council may, in its discretion, accept the bid it chooses or accept the lowest bid made by and after negotiations with the tie bidders.

Item C Page 28 Town Council Meeting March 12, 2024

Sec. 38.09 Waiver of irregularity, rejection of bids – Failure to receive bids – Options on public projects.
(A) At its discretion, the Town Council may waive any irregularity in any bid received and award the contract.
(B) At its discretion, the Town Council may reject all bids presented. If the Town Council, prior to rejecting all bids, declares that the project can be completed more economically by force account and furnishes a written notice to an apparent low bidder mailed at least two business days prior to the hearing at which the Town intends to reject the bid, the Town Council may:
(1) Abandon the project or readvertise for bids.
(2) By a 4/5 vote declare by resolution that the project can be performed more economically by force account, and order the project done by force account.
(C) If no bids are received, the project may be performed by force account or by negotiated contract entered into without need for further bidding.

Sec. 38.10 Performance bonds – Public projects.

The Town Council shall have authority to require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the Town. If the Town Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

Sec. 38.11 Lowest responsible bidder determination – Public projects.

In determining the “lowest responsible bidder,” the following factors may be considered in addition to price:
(A) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
Item C Page 29 Town Council Meeting March 12, 2024

(B) The character, integrity, reputation, judgment, experience and efficiency demonstrated in previous contracts or services for the Town or other contracting parties;
(C) The quality of performance demonstrated in previous contracts or services for the Town or other contracting parties;
(D) The previous and existing compliance by the bidder with the laws and ordinances relating to a contract or service;
(E) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;
(F) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

Sec. 38.12 Change orders to public projects.

The Town Manager is delegated authority to approve, without seeking new bids, contract change orders to public projects up to the combined amounts funded for construction or purchase and for contingency as established in the Town Council’s project authorization.

Sec. 38.13 Emergencies – Public projects.
(A) The following procedures apply in cases where public projects must be conducted on an emergency basis:
(1) In cases of emergency when repair or replacements are necessary, the Town may proceed at once to replace or repair its facilities without adopting plans, specifications, working details, or giving notice for bids. The work may be done by day labor under the direction of the Town Manager, by
contractor, or by a combination of the two.

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(a) In the case of an emergency, the Town Council,
pursuant to a 4/5 vote, may order repair or
replacement of the Town’s facilities, take any
directly related and immediate action required by
that emergency, and procure the necessary
equipment, services, and supplies for those purposes,
without giving calling for bids.
(b) Before the Town Council takes any action pursuant
to Subsection (A)(1) of this section, it shall make a
finding, based on substantial evidence, that the
emergency will not permit a delay resulting from a
competitive solicitation for bids, and that the action
is necessary to respond to the emergency. The Town
Council, by a 4/5 vote, may delegate, by resolution
or ordinance, to the Town Manager, the authority to
order action.
(c) If the Town Council orders emergency action, it shall review the emergency action at its next regularly
scheduled meeting and, except as specified below, at
every regularly scheduled meeting thereafter until
the action is terminated, to determine, by a 4/5 vote,
that there is a need to continue the action.
(d) If the Town Manager orders emergency action, the
Town Council shall review the emergency action at
its next regularly scheduled meeting and at every
regularly scheduled meeting thereafter until the
action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.
(e) When the Town Council reviews the emergency
action, it shall terminate the action at the earliest
possible date that conditions warrant so that the
remainder of the action may be completed by giving
notice for bids to let contracts.

Item C Page 31 Town Council Meeting March 12, 2024

SECTION ONE: In the event that any provision of this ordinance is in conflict with any other ordinances of the Town of Woodside or the Woodside Municipal Code, the provisions of this ordinance shall prevail.

SECTION TWO: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of the Ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION THREE: Pursuant to Section 36937 of the Government Code of the State of California, the Ordinance shall take effect and be in full force and effect thirty (30) days after its final passage.

SECTION FOUR: The Town Clerk shall cause this Ordinance to be published in accordance with the requirements of Section 36933 of the Government Code of the State of California.
* * * * * * * * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance is a full, true and correct copy of Ordinance No. 2024-____ of the Town of Woodside entitled as above; that it was introduced on the _______ of _____________, 2024, and was passed and adopted by the Town Council on the _________ day of ________________, 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_____________________________
Clerk of the Town of Woodside
APPROVED:

Item C Page 32 Town Council Meeting March 12, 2024

_____________________________
Mayor of the Town of Woodside
Item C Page 33 Town Council Meeting March 12, 2024
RESOLUTION NO. 2024 –

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE

ADOPTING TOWN OF WOODSIDE PURCHASING POLICIES

WHEREAS, Woodside Municipal Code Title III, Administration, Chapter 34, Finance, Article I, Purchasing of Supplies, Equipment, and Services was codified in 1997 and Chapter 38, Bidding Public Projects was adopted by Ordinance No. 2001-512; and
WHEREAS, these Chapters of the Woodside Municipal Code have been amended to reflect changes in state and federal law and the Council also wishes to adopt policies which will be utilized by the Town staff in procuring goods, services, and equipment, preparing requests for proposals and bid documents pursuant to the newly amended Chapters 34 and 38.

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WOODSIDE that the Purchasing Polices attached hereto as Exhibit A are adopted.
* * * * * * *

Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the ____ of ________, 2024, by the following vote of members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

________________________________
Mayor of the Town of Woodside
ATTEST:
_____________________________
Clerk of the Town of Woodside
Item C Page 34 Town Council Meeting March 12, 2024
Town of Woodside Purchasing Policies
Section 1 Purpose.

The purpose of these Purchasing Policiesis to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity.

Section 2 Application.

Except as otherwise provided herein, these Purchasing Policies apply to all contracts for the procurement of supplies, equipment, services, and construction of public projects entered into by the Town.

When the procurement involves the expenditure of federal assistance or contract funds, the procurement shall be conducted in accordance with Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards Section 2 – CFR 200317-200326. Nothing in these Purchasing Policies shall prevent any public agency from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law.

Federally funded projects must comply with the following procedures:
(1) Micro purchases: Purchases not to exceed $3,000 or construction projects exceeding $2,000 subject to the Davis Bacon Act do not require competitive quotes if the Purchasing Agent determines the price is reasonable.
(2) Small Purchases at or Below Simplified Acquisition Threshold Limit: Purchases up to the Simplified Acquisition Threshold, currently set at $150,000, must be made based upon information price quotes.
(3) Construction Contracts in Excess of Simplified Acquisition Threshold Limit: Contracts for construction exceeding the Simplified Acquisition Threshold must be made based upon sealed bids and awarded to the lowest responsive and responsible bidder. (4) Service Contracts in Excess of Simplified Acquisition Threshold: Contracts for services exceeding the Simplified Acquisition Threshold must be awarded to the proposer who provides the most advantageous response to a request for proposals. (5) Sole Source Procurement: Sole source procurement may occur when an item is available only from a single source, when a public emergency does not allow for competitive bidding, when authorized by the federal agency awarding the contract, or after a number of attempts at competitive bid/solicitation processes results in no bids/proposals.

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Section 3 Definitions.

The following definitions shall apply unless the context clearly indicates or requires a different meaning.

Architect-engineer and land surveying services. Those professional services within the scope of practice of architecture, professional engineering, or land surveying, as defined by the laws of the state.

Brand name or equal specification. A specification limited to one or more items by manufacturers' names or catalogue numbers to describe the standard of quality, performance, and other salient characteristics needed to meet Town requirements, and which provides for the submission of equivalent products.

Brand name specification. A specification limited to one or more items by manufacturers' names or catalogue numbers.

Business. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

Invitation for bids. All documents, whether attached or incorporated by reference, utilized for soliciting bids.

Person. Any business, individual, union, committee, club, or other organization, or group of individuals.

Procurement. The buying, purchasing, renting, leasing, or otherwise acquiring of any supplies or services. It also includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection, and solicitation of sources, preparation and award of contract, and contract administration.

Public facility. Any plant, building, structure, ground facility, utility system, real property, streets and highways or other public work improvement owned, leased, or operated by the Town, a municipal corporation.

Public project. Any of the following is governed by Woodside Municipal Code Chapter 38, Bidding Public Projects:
(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility. (2) Painting or repainting of any publicly owned, leased or operated facility. (3) Public project does not include maintenance work such as routine, recurring and usual work for the preservation of a publicly owned facility; minor repainting; landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; resurfacing streets at less than one inch.

Quote. Synonymous with "bid" as used in these Purchasing Policies.

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Services. The furnishing of labor, time, or effort, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements.

Specification. Any description of the physical or functional characteristics or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply or service for delivery.

Supplies. All property (including but not limited to equipment and materials) except as otherwise provided herein.

Surplus supplies. Supplies which are worn out, obsolete or unsuitable for Town use.

Town. The Town of Woodside.

Section 4 Establishment of Division of Purchases.

There is hereby established for the Town a Division of Purchases, headed by a Purchasing Agent. The Town Manager or Manager's designee shall be the Purchasing Agent of the Town.

Section 5 Duties.

In accordance with these Purchasing Policies, the Purchasing Agent shall:
(A) Procure or supervise the procurement of all supplies and services needed by the Town, except as otherwise provided herein;
(B) Exercise direct supervision over the Town central stores and general supervision over all other inventories of supplies belonging to the Town; (C) Sell, trade or otherwise dispose of surplus supplies belonging to the Town; and (D) Establish and maintain programs for specifications development, contract administration and inspection and acceptance, in cooperation with the public agencies using the supplies and services.

Section 6 Operational procedures.

Consistent with these Purchasing Policies, the Purchasing Agent may adopt operational procedures relating to the execution of duties.

Section 7 Delegation.

The Purchasing Agent may delegate authority to purchase supplies or services, and to dispose of surplus supplies, to other Town officials if such delegation is deemed necessary for the effective procurement or disposal of those items, and is authorized by the Town Manager.

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Section 8 Consideration of bids and basis of award – Purchase of supplies, equipment, and services.

In every case, purchases shall be awarded on the basis of the bid or bids most advantageous to the Town. In determining whether a bid is most advantageous to the Town, in addition to price, the Purchasing Agent or Town Council may consider the following:
(A) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(B) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(C) The character, integrity, reputation, judgment, experience, and efficiency of the bidder; (D) The quality of performance of previous contracts or services; (E) The previous and existing compliance by the bidder with the laws and ordinances; (F) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(G) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
(H) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(I) The number and scope of conditions attached to the bid.

Section 9 Justification for acceptance of a high bid.

In cases where the Purchasing Agent makes the purchase and, in the opinion of the Purchasing Agent, the most advantageous bid is not the lowest bid, the Purchasing Agent shall prepare and place on file with the permanent records of the Town a written statement of his/her opinion and the reasons therefor. Such statements shall be open to public inspection at all times during regular office hours.

Section 10 Preference given to bidder within the Town when bids are equal.

A bidder with a permanent place of business within the Town shall be preferred over a bidder without a permanent place of business within the Town, in cases where two or more bids are judged to be equal on the basis of price, quality and service.

Section 11 Brand names or equal specifications.
(A) Use. Brand name or equal specifications may be used when the Purchasing Agent determines that:
(1) No other design or performance specification or qualified products list is available; (2) Time does not permit the preparation of another form of purchase description, not including a brand name specification;
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(3) The nature of the product or the nature of the Town's requirements makes use of a brand name or equal specification suitable for the procurement; or (4) Use of a brand name or equal specification is in the Town's best interest. (B) Designation of several brand names.
(1) Brand name or equal specifications shall state that substantially equivalent products to those designated will be considered for award.
(2) Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.

Section 12 Requirements for purchasing recycled-content paper, paper products, and recovered organic waste.
(A) The Town is required to purchase paper products and printing and writing papers that contain the following recycled content per Public Contract Code Section 12209:
(1) Printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer fiber;
(2) Other paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, except as specified below:
(a) Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber;
(b) Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber;
(c) Facial tissue shall consist of at least 10 percent, by fiber weight, postconsumer recycled content fiber;
(d) Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber;
(e) General purpose paper wipers shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber; and
(f) Food serviceware, including but not limited to, napkins, plates, bowls, food trays, takeout boxes, placemats, etc. shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.

These minimum postconsumer recycled content fiber requirements are required when available at no greater cost than nonrecycled products, and fitness and quality are equal to nonrecycled products. However, the Town is not restricted from purchasing recycled-content paper products that cost more than nonrecycled products, which may support the Town’s sustainability goals or more environmentally preferable purchasing choices.

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Upon purchase of regulated paper products, Purchasing Authorities shall maintain records of all Paper Products and Printing and Writing Paper purchases (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee in such a manner that they may be provided upon request. Records shall include a copy of the invoice or other documentation of purchase, written certifications for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided.

Purchasing Authorities will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products and Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.

Purchasing Authorities will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper:
(1) Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of the Town’s documentation of its compliance with 14 CCR Section 18993.3.
(2) Collect and collate copies of invoices or receipts or documentation evidencing procurement from all divisions procuring Recovered Organic Waste Products and invoices or similar records from vendors/ contractors/ others procuring Recovered Organic Waste Products on behalf of the Town to develop evidence of the Town meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the Town’s documentation of its compliance with 14 CCR Section 18993.1. (3) Collect, collate, and maintain documentation submitted by the Town’s Direct Service Providers, and/or vendors.
(4) Compile an annual report on direct procurement, and vendor/other procurement on behalf of the Town, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper procurement. This report shall be made available to the Town’s responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with the Town Council annually as evidence of implementing this Policy.

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(B) Any department or individual procuring compost for or on behalf of the Town shall procure compost that meets the definition in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this policy, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. Compost eligible for meeting the Town’s Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that Composts onsite as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.

Any department or individual procuring mulch for or on behalf of the Town shall procure mulch pursuant to 14 CCR Chapter 12 of Division 7 that meets the conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4).
• Produced at either a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), OR a transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; OR, a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
• Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.

Section 13 Procedure for purchase of supplies, equipment, and services.

The purchase of all supplies, equipment, and non-consultant services of the Town shall be made pursuant to this section.
(A) Purchases of less than $10,000.00. Where the amount or value is less than $10,000.00, the purchase may be made without an informal or formal quote or bid process. (B) Purchase of $10,000.01 to $25,000.00. Where the amount or value involved is from $10,000.01 to $25,000.00, the purchase or disposal may be made by the Purchasing Agent without written quote, and by informal price checking through telephone, mail, fax, or email inquiry, comparison of prices on file or otherwise. At least three informal quotations should be obtained.
(C) Purchase of $25,000.01 to $35,000.00 made through formal written quote. Where the amount or value involved is at least $25,000.01 and up to $35,000.00, the purchase or disposal shall be made by the Purchasing Agent through formal written quotation, with Item C Page 41 Town Council Meeting March 12, 2024
the purchase being made in the discretion of the Purchasing Agent taking into account the provisions of Sections 8 through 12.
(D) Purchase of $35,000.01 or more made by the Town Council through competitive bid.

Where the amount or value involved is at least $35,000.01, the purchase shall be made by the Town Council through competitive bid, upon notice as hereafter required by Section 18. Provided, however, the Council may elect to make any purchase in any amount (except as the law of the state of California otherwise require) in the following cases:
(1) By majority vote of Councilpersons upon a determination that competitive bids upon notice would not be likely to result in a lower price to the Town from a responsible bidder or would cause unnecessary expense or delay under the circumstances;
(2) By majority vote of Councilpersons present at a Council meeting that said purchase may be made through a governmental entity, as provided in Section 17, upon a determination that competitive bids upon notice would not be likely to result in a lower price to the Town from a responsible bidder or would cause unnecessary expense or delay under the circumstances;
(3) By majority vote of those present at a Council meeting upon a determination that the immediate preservation of the public peace, health, or safety requires said purchase be made without competitive bids upon notice;
(4) By majority vote of those present at a Council meeting upon a determination that there is only one source for the required supply or service based on a review of available sources by the Purchasing Agent or written recommendation therefor.

Section 14 Consultants.
(A) The Council finds and declares that the competitive bid process is ill-suited for the selection of consultants. Consultants are required for professional or technical expertise and for matters requiring specialized abilities or a high degree of skill. Their numbers (in relation to a particular skill or expertise required) are comparatively limited. Where consultants are involved, the bidding process is not likely to result in a lower price to the Town or eliminate unnecessary expense or delay.
(B) The Purchasing Agent shall be empowered to engage a consultant (including, but not limited to, material testing services and construction inspection services) without the necessity of competitive bidding or notice thereof:
(1) Without Council approval if the consultant's total fee for services and materials under the contract by which the consultant is engaged does not exceed $35,000.00. (2) With Council approval if the consultant's total fee for services and materials under the contract by which the consultant is engaged exceeds $35,000.00.

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Section 15 Emergency authority of Purchasing Agent.
(A) In an emergency requiring the immediate preservation of the public peace, health and safety, and precluding action by the Town Council, the Purchasing Agent may purchase supplies or services, even though the amount thereof may exceed $35,000.00, without competitive bids upon notice.
(B) At the next succeeding Council meeting, the Purchasing Agent shall submit to the Council a written statement of the circumstances of such emergency, a description of the supplies or services purchased, and the prices thereof.

Section 16 Waiver of informalities; rejection of bids.
(A) Where the Purchasing Agent or Town Council are required to make purchases upon competitive bids, said Agent or Council may waive any informalities or minor irregularities or may reject any and all bids (anything herein contained to the contrary notwithstanding) if said Agent or Council deems said rejection to be in the best interests of the Town. (B) Said rejection shall be at the sole discretion of the Agent or Council, as the case may be.

Upon rejection of bids, the Agent or the Council, as the case may be, may:
(1) Give subsequent notice for new competitive bids; or (2) Postpone said purchase or disposal definitely or indefinitely; or (3) Elect to make the purchase without competitive bids, upon notice (and as if competitive bids, upon notice, had not been required in the first instance) in accordance with the authority granted by the various subsections of these Purchasing Policies.

Section 17 Purchase through a governmental entity.

Purchases may be made on behalf of the Town through any governmental entity (including, but not limited to, the State of California or the County of San Mateo) pursuant to authority granted by any statute or ordinance or pursuant to contractual arrangement between the Town and said governmental entity. The Town is hereby authorized and empowered to enter into contracts with other governmental entities providing for purchases to be made on behalf of the Town.

Section 18 Competitive bids; notice.

Where notice is required, notice shall be given as follows:
(A) For purchase under Section 13(D) ($35,000.01 or more) by publishing notice in a newspaper of general circulation within the Town on at least one occasion at least five days prior to the date set for the final receipt of bids. Provided that publication may be made in any newspaper of general circulation in San Mateo County which the Purchasing Agent shall select if the publication schedule of all newspapers of general circulation in the Town are such that notice by publication cannot be given in time. (B) The notice shall give such information as to the proposed purchase or disposal as the Purchasing Agent deems sufficient but shall include the following:

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(1) A general description of the supplies, equipment, or non-consultant services to be purchased or personal property to be disposed;
(2) Date, time and place of bid opening;
(3) Whether bid deposit or bond and faithful performance bond will be required.

Section 19 Competitive bids.
(A) Submission in writing. Where competitive bids are required, they shall be submitted in writing in a sealed envelope at the office of the Purchasing Agent no later than the final time and date for the receipt of bids as set forth in the notice of publication and opened publicly.

Where competitive bids are required, the purchase or disposal shall be made on the basis of three or more of said bids unless the Purchasing Agent shall certify in writing that less than three prospective vendors or purchasers have submitted bids or that, to the best of the Agent's knowledge, there are less than three prospective vendors from whom the supplies or services are available and that bids were invited from all of said vendors. Any bid may be withdrawn by a written request signed by the bidder and received by the Purchasing Agent prior to the final time and date for the receipt of bids. (B) Opening. Bids shall be opened in public at the time and place stated in the public notices. (C) Tabulation. A tabulation of all bids received shall be posted for public inspection.

Section 20 Bid deposits.

When deemed necessary by the Purchasing Agent or Town Council, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent or Council. A successful bidder (and his/her surety, if a bond is furnished) shall be liable for any damages upon the bidder's failure to enter into a contract with the Town or upon the bidder's failure to perform his/her bid.

Section 21 Faithful performance deposits.

When deemed necessary by the Purchasing Agent or Town Council, any person entering into a contract with the Town may be required to furnish a faithful performance deposit or bond in an amount determined by the Purchasing Agent or Council. Said person (and his/her surety, if a bond is furnished) shall be liable for any damages upon said person's failure to faithfully perform the terms of his/her contract.

Section 22 Additional powers and duties of Purchasing Agent. (A) The Purchasing Agent may call for bids or give notice to any and all persons whatsoever or publish in any case where the same is not required by the terms of these Purchasing Policies; and is empowered to invite bids by telephone, mail, fax, or email when deemed in the best interests of the Town.
(B) The Purchasing Agent shall keep a record of all purchases made and the bids, if any, submitted thereon. Said records shall be open to public inspection.

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Section 23 Request for sealed proposals (RFP).
(A) The Purchasing Agent shall be empowered to utilize the request for sealed proposal method for purchase of supplies, equipment, or non-consultant services without Council approval if the amount or value involved is $35,000.00 or less if the Purchasing Agent determines that the use of competitive bidding is advantageous to the Town. Where the Town determines to select a professional consultant’s services under this section, any Town consultant involved in the preparation of and/or implementation of a request for proposal (RFP) for such services, shall not be allowed to submit proposals for services under such RFP unless authorized by Government Code Section 1097.6 to do so.
(B) For purchases in excess of $35,000.00, notice shall be given as required by Section 18. (C) No proposals shall be handled so as to permit disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after contract award.
(D) The request for proposals shall state evaluation factors. (E) As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing offerors or of any information derived from proposals submitted by competing offerors. (F) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the Town, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation.
(G) Without limitation to the applicability of any other provisions of these Purchasing Policies, the Purchasing Agent or Town Council may reject any and all proposals if said rejection is deemed in the best interests of the Town. Upon rejection, the Purchasing Agent or Council may request new sealed proposals or utilize any alternative method allowed under these Purchasing Policies.

Section 24 Preparation of purchase orders.

Upon ascertaining the price to be paid for supplies, equipment, or services and when requested by a vendor, the Purchasing Agent shall prepare a purchase order. The Purchasing Agent shall forward the original purchase order to the vendor, retaining one copy for his/her purchase order file. He/she shall likewise forward one copy of the purchase order to the department for whose benefit the purchase is being made to be used as a receiving report.

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Section 25 Sufficient funds must be available.

No purchase order shall be issued until it has been ascertained that there is a sufficient unencumbered appropriated balance in excess of all unpaid obligations to defray the amount of such order.

Section 26 Purchasing Agent responsible for checking quality.

The Purchasing Agent or their designee shall be responsible for making a careful check of the quality, condition, and quantity received as against his/her copy of the purchase order and the packing lists. The Purchasing Agent or their designee shall fill out the receiving report form, attaching thereto the packing lists.

Section 27 Purchasing Agent to check invoice.

The Purchasing Agent or their designee, upon receipt of the vendor's invoice, shall compare the same with the copy of the purchase order and the receiving report. He/she shall check the invoice for correctness of unit prices, discounts, transportation allowances, etc., and with reports of quality and quantity of goods received.

Section 28 Purchasing Agent's inspection.

The Purchasing Agent or their designee shall inspect, or cause to be inspected, all deliveries of supplies, equipment, or services to determine their conformance to specifications. The Purchasing Agent or their designee shall have the authority to require chemical, physical, or other tests of samples submitted with bids and samples of deliveries which are necessary to determine quality and conformance to the specifications. In the performance of such tests, the Purchasing Agent or their designee shall have the authority to make use of any outside laboratory.

Section 29 Storerooms and warehouses.

The Purchasing Agent or their designee shall control and supervise any and all storerooms or warehouses of the Town. The Purchasing Agent or their designee shall be responsible and accountable for all supplies in his/her custody and shall maintain a suitable inventory thereof.

Section 30 Disposal of personal property valued at $3,000.00.

Except as otherwise provided by State law or Town ordinance, the Purchasing Agent shall be empowered to dispose of personal property of the Town which cannot be used by the Town, at public or private sale or by renting or destroying the same (all with or without notice, competitive bid or necessity of posting bid bonds, at the Purchasing Agent's discretion, and upon such terms as he/she deems best), provided any single item of property involved does not exceed $3,000.00 in current market value.

Section 31 Deposit.

The Purchasing Agent may, in his/her discretion, require that a deposit in the amount of the bid or any fraction thereof accompany each bid upon the disposal of personal property.

Item C Page 46 Town Council Meeting March 12, 2024
Section 32 Disposal of more than $3,000.00.

In the event any single item of property exceeds $3,000.00 in current market value, the Town Council may empower the Purchasing Agent to dispose of it (in accordance with the same terms and conditions and subject to the same discretion and limitations as if it were under $3,000.00). Alternatively, the Town Council may elect to sell, rent or destroy the same in accordance with whatever provision, terms and conditions the Council may, in its discretion, decide.

Section 33 Public projects.

Contracts for public projects as defined in the California Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22032 et seq.) shall include:
(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility. (2) Painting or repainting of any publicly owned, leased or operated facility. (3) Public project does not include maintenance work such as routine, recurring and usual work for the preservation of a publicly owned facility; minor repainting; landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; resurfacing streets at less than one inch.

Contracts for public projects shall be in writing and awarded by the Town Council to the lowest responsible and responsive bidder, except as otherwise provided herein.

Section 34 Force account – Public projects.

Public projects of an estimated value of $60,000.00 or less may be performed by employees by force account, by negotiated contract, or by purchase order without formal or informal bid procedures.

Section 35 Informal bid procedures — Public projects.
(A) For public projects of an estimated value of $60,000.00 to $200,000.00:
(1) A list of contractors shall be developed and maintained by the Town Engineer in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(2) A notice inviting informal bids shall be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Public Contract Code Section 22034, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified when soliciting bids; provided, however:

Item C Page 47 Town Council Meeting March 12, 2024
(a) If there is no list of qualified contractors maintained by the Town for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission.
(b) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
(c) Notices shall be mailed at least ten days before bids are due. (d) The notice shall describe the project in general terms; how to obtain more information; and state the time and place for bids.
(3) If all bids received are in excess of the amount specified in Section 22032(b) of the California Public Contract Code, the Town Council may by 4/5 vote pass a resolution awarding the informal contract to the lowest responsible bidder provided:
(a) The Council determines that the original cost estimate by the Town was reasonable.
(b) The contract so awarded is for an amount not in excess of $212,500.00 as authorized under Section 22034(d) of the California Public Contract Code.

Section 36 Formal bid procedures – Public projects; notice inviting bids. (A) For public projects of an estimated value above $200,000.00:
(1) The Town Council shall authorize issuance of notices inviting formal bids which shall include a general description of the public project to be constructed, shall state where bid forms and specifications may be secured, and the time and place for opening bids. (2) Notice inviting bids shall be published and posted at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation as provided for in California Public Contract Code Section 22037. Notice shall also be sent by facsimile or email, and mailed, to all construction trade journals specified in California Public Contract Code Section 22036 fifteen calendar days before the opening of bids. (3) The Town Council shall also advertise bids by a notice posted at a publicly accessible location. Such posting places can include, but shall not be limited to, electronically accessible locations such as the Town’s website or by other means that reasonably allow prospective bidders to be notified of pending projects. (4) The Town Council may require a bid to include prices for items that may be added to, or deducted from, the scope of work in the contract for which the bid is being submitted. Whenever additive or deductive items are included in a bid, the bid solicitation shall specify which one of the following methods will be used to determine the lowest bid. In the absence of a specification, only the method provided by Subsection (A)(3)(a) of this section will be used.

Item C Page 48 Town Council Meeting March 12, 2024
(a) The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. (b) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. (c) The lowest bid shall be the lowest total of the bid price on the base contract and those additive or deductive items that when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed before the first bid is opened.
(d) The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders or proposed subcontractors or suppliers from being revealed before the ranking of all bidders from lowest to highest has been determined.
(5) A responsible bidder who submitted the lowest bid as determined by this section shall be awarded the contract, if it is awarded. This section does not preclude the Town from adding to or deducting from the contract any of the additive or deductive items after the lowest responsible bidder has been determined. (6) Nothing in this section shall preclude the prequalification of general contractors or subcontractors.
(7) The Town Council shall also solicit sealed bids from all responsible prospective bidders whose names are on the bidders’ list or who have made written request that their names be added thereto.

Section 37 Bidder’s security – Public projects.

When deemed necessary, bidder’s security may be prescribed in the formal or informal notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten days after the notice of award of contract. The Town Council may, at its option, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible and responsive bidder, and if the Town Council awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the Town to the contract price differential between the lowest bid and the second lowest bid, subtracting actual administrative costs, and the surplus, if any, shall be returned to the defaulted bidder.

Item C Page 49 Town Council Meeting March 12, 2024
Section 38 Bid opening procedure – Public projects.

Sealed bids shall be submitted to the Town and shall be identified as “bids” on the envelope.

Bids shall be opened in public at the time and place stated in the bid notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.

Section 39 Tie bids – Public Projects.

If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay for readvertising for bids, the Town Council may, in its discretion, accept the bid it chooses or accept the lowest bid made by and after negotiations with the tie bidders.

Section 40 Waiver of irregularity, rejection of bids – Failure to receive bids – Options on public projects.
(A) At its discretion, the Town Council may waive any irregularity in any bid received and award the contract.
(B) At its discretion, the Town Council may reject all bids presented. If the Town Council, prior to rejecting all bids, declares that the project can be completed more economically by force account and furnishes a written notice to an apparent low bidder mailed at least two business days prior to the hearing at which the Town intends to reject the bid, the Town Council may:
(1) Abandon the project or readvertise for bids.
(2) By a 4/5 vote declare by resolution that the project can be performed more economically by force account, and order the project done by force account. (C) If no bids are received, the project may be performed by force account or by negotiated contract entered into without need for further bidding.

Section 41 Performance bonds – Public projects.

The Town Council shall have authority to require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the Town. If the Town Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

Section 42 Lowest responsible bidder determination – Public projects.

In determining the “lowest responsible bidder,” the following factors may be considered in addition to price:
(A) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
Item C Page 50 Town Council Meeting March 12, 2024
(B) The character, integrity, reputation, judgment, experience and efficiency demonstrated in previous contracts or services for the Town or other contracting parties;
(C) The quality of performance demonstrated in previous contracts or services for the Town or other contracting parties;
(D) The previous and existing compliance by the bidder with the laws and ordinances relating to a contract or service;
(E) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;
(F) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

Section 43 Change orders to public projects.

The Town Manager is delegated authority to approve, without seeking new bids, contract change orders to public projects up to the combined amounts funded for construction or purchase and for contingency as established in the Town Council’s project authorization.

Section 44 Emergencies – Public projects.
(A) The following procedures apply in cases where public projects must be conducted on an emergency basis:
(1) In cases of emergency when repair or replacements are necessary, the Town may proceed at once to replace or repair its facilities without adopting plans, specifications, working details, or giving notice for bids. The work may be done by day labor under the direction of the Town Manager, by contractor, or by a combination of the two.
(a) In the case of an emergency, the Town Council, pursuant to a 4/5 vote, may order repair or replacement of the Town’s facilities, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without calling for bids.
(b) Before the Town Council takes any action pursuant to Subsection (A)(1) of this section, it shall make a finding, based on substantial evidence, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. The Town Council, by a 4/5 vote, may delegate, by resolution or ordinance, to the Town Manager, the authority to order action.
(c) If the Town Council orders emergency action, it shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is Item C Page 51 Town Council Meeting March 12, 2024
terminated, to determine, by a 4/5 vote, that there is a need to continue the action.
(d) If the Town Manager orders emergency action, the Town Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.
(e) When the Town Council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the action may be completed by giving notice for bids to let contracts.

Section 45 Exclusions.

The provisions of these Purchasing Policies shall not apply:
(A) To franchises governed by the provisions of the California Public Utilities Code or other statute of the state of California;
(B) Where state or federal law requires a different procedure; (C) To franchises, rights, privileges, licenses and permits granted by the Town; (D) To the purchase of insurance;
(E) To the leasing, purchase or sale of land or any interest therein; (F) To the hiring of or contracting for personnel (whether as temporary, seasonal or permanent employees, agents or independent contractors); or (G) To the purchase of utilities, including, but not limited to, telephone service, gas, electricity or water.

Item C Page 52 Town Council Meeting March 12, 2024
2021 2022 2023
$10,000-20,000 1. Biological
Resources Report
for Proposed
Parking Lot
Expansion at
Cañada Corners -
$15,307

2. Traffic and Parking
Analysis for
Proposed Parking
Lot Expansion at
Cañada Corners -
$14,305

3. Acous�cal
Consul�ng Services
for Cycle 6 Housing
Element - $14,250

4. Rate Study for
Town Center Sewer
Assessment District
- $16,000

1. Planning Fee Study
- $16,200

2. Amendment to
Agreement with
Harrison
Engineering, Inc.
for addi�onal
construc�on
engineering
support for the
Glens Path Phases
2/3 - $19,962

3. Amendment to
Agreement with
Harrison
Engineering for
addi�onal
construc�on
engineering
support for the
Glens Path Phases
2/3 - $13,100
$20,000-30,000 1. Design of
Woodside Road
Median Island
Beau�fica�on
Project - $29,790

1. Development of
Technology Master
Plan - $24,833

2. Design of Ba�ng
Cage at Barkley
Park - $26,883

3. Recruitment for
Planning Director -
$29,200

1. Prepara�on of a
Plat and Legal
Descrip�on for a
Required Public
U�lity Easement
Reloca�on -
$21,416

2. Contract Renewal
for Architectural
and Site Historical
Evalua�ons -
$20,000

3. Migra�on of
Laserfiche to
Laserfiche Cloud -
$20,400
$30,000-40,000 1. Zoom Room
Equipment -
$40,000

2. Municipal
Redistric�ng
Services - $32,750

1. Condi�on
Assessment of
Town Center Sewer
Pump Sta�on Force
Main - $31,495

2. Traffic and Parking
Analysis for Cycle 6
Housing Element -
$33,740

1. Prepara�on of
Ini�al Study and
Subsequent
Environmental
Review Document
for 1101 Cañada -
$33,015
Item C Page 53 Town Council Meeting March 12, 2024

2. Redesign and
Hos�ng Town’s
Website - $32,875

3. Recruitment
Services for Town
Engineer/Director
of Public Works -
$34,100
$40,000-50,000 1. Addi�onal Zoom
Room Equipment -
$43,000

1. Biological
Resources Report
for CEQA Review of
Cycle 6 Housing
Element - $42,123
$50,000-60,000 0 1. Contract
Amendment to
Support
Prepara�on of
Cycle 6 Housing
Element - $59,000

1. Assistance with
CentralSquare
Migra�on Contract
Nego�a�on
Services and
Implementa�on
Assistance -
$55,000

2. Agreement with
Northstar Survey to
prepare a right of
way boundary
survey in the Glens
- $58,710
$60,000+ 1. Design of Glens
Pathway Phase 2
and Phase 3
Projects - $130,000

2. Amendment to
contracts for
Construc�on
Management and
Inspec�on
($61,310) and
Construc�on
Engineering
Services
($71,628.65) for
Portola Bridge
Replacement
Project

1. Automa�c License
Plate Readers -
$61,100

2. CEQA Consul�ng
Services for Cycle 6
Housing Element -
$87,769

3. Project Manager
for Comple�on of
Cycle 6 Housing
Element - $100,000

1. Migra�on of
TRAKiT to
CentralSquare’s
Community
Development Cloud
Hosted
Environment -
$260,713.50

2. Services to Prepare
Mul�-Family Zoning
Requirements and
Objec�ve Design
Standards for Cycle
6 Housing Element
- $79,343

3. Agreement with
Consor PMCM, Inc.
for project
construc�on
inspec�on and
project
Item C Page 54 Town Council Meeting March 12, 2024
management for
the Glens Path
Phases 2/3 -
$74,600
Item C Page 55 Town Council Meeting March 12, 2024