Agenda — Hillsborough City Council, January 10, 2022 (part 1 of 2)

TOWN OF HILLSBOROUGH
San Mateo County
Alvin L. Royse, Mayor 1600 Floribunda Avenue
Christine Krolik, Vice Mayor Hillsborough, CA 94010
Marie Chuang, Councilmember www.hillsborough.net
Sophie Cole, Councilmember Phone 650-375-7400
Laurence M. May, Councilmember

A G E N D A
MONDAY, JANUARY 10, 2022
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
7:00 PM CLOSED SESSION
The meeting will be conducted virtually pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic and the Center for Disease Control’s social distancing guidelines which discourage large public gatherings. The Council Chambers will not be open to the public for this Town of Hillsborough City Council meeting.

The Town of Hillsborough will be conducting the City Council meeting via Zoom which is an independent platform not owned or controlled by the Town. Any member of the public joining the City Council meeting by Zoom should familiarize themselves with Zoom’s various data and privacy policies which can be found at Zoom.us.

Members of the public may view the meeting by logging onto the Zoom meeting listed below. https://us06web.zoom.us/j/86461695760?pwd=dVdsdzJIRXNmTlZXLzVIdTlQS1AyUT09 Meeting ID: 864 6169 5760
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Find your local number: https://us06web.zoom.us/u/k0rNOiUjb Members of the public may provide public comments on a consent calendar item, agenda item, or non-agenda item during the general public comment portion of the meeting by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the consent calendar being heard, or prior to the close of the public comment period for agenda items or non-agenda items. In response, the Town will unmute the speaker and allow them to speak up to three minutes. All members of the public will be limited to one comment per consent calendar item, one comment per agenda item, and one comment for non-agenda items. The Town encourages all members of the public to limit any comments that might be repetitive of comments provided by other speakers on the same item.

CLOSED SESSION (4:30 p.m.)

CALL TO ORDER
Agenda – Hillsborough City Council
Monday, January 10, 2022

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ROLL CALL

PUBLIC COMMENT
Members of the public may provide public comments on any item on the Closed Session agenda via the Zoom platform by using the “raise hand” feature or, if calling in by phone, by pressing *9 on the telephone keypad. In response, the Town will unmute the speaker and allow them to speak up to three minutes. All members of the public will be limited to one comment per Closed Session item. The Town encourages all members of the public to limit any comments that might be repetitive of comments provided by other speakers on the same item.

ANNOUNCEMENT OF CONFLICT OF INTEREST
This portion of the agenda is for Councilmembers to disclose any conflict of interest related to any item on the agenda. Any Councilmember who has confirmed a conflict of interest or has reason to believe they have a conflict of interest should disclose the conflict for the record and abide by the disqualification requirements contained in FPPC regulations.

PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff – One Potential Case
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Crown Castle NG West LLC v. Town of Hillsborough, et al.

San Mateo County Superior Court, Case No. 18CIV05650
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 20CIV04592
D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 21CIV04709

ADJOURN CLOSED SESSION
REGULAR CITY COUNCIL MEETING (6:00 pm)
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. MINUTES: December 13, 2021
Agenda – Hillsborough City Council
Monday, January 10, 2022

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VI. PUBLIC COMMENT I
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

Members of the public may provide comments via the Zoom platform by using the “raise hand” feature or, if calling in by phone, by pressing *9 on the telephone keypad. In response, the Town will unmute the speaker and allow them to speak on any topic for up to three minutes. If there appears to be a large number of speakers, speaking time may be reduced to no less than 2 minutes, at the discretion of the Mayor. Members of the public are limited to one comment at this time. State law prohibits the Council from discussing or acting on non-agenda items, and generally limits the ability of the Council to respond to any public comments made regarding non-agenda items.

VII. ANNOUNCEMENT OF CONFLICT OF INTEREST
This portion of the agenda is for Councilmembers to disclose any conflict of interest related to any item on the agenda. Any Councilmember who has confirmed a conflict of interest or has reason to believe they have a conflict of interest should disclose the conflict for the record and abide by the disqualification requirements contained in FPPC regulations.

VIII. CONSENT CALENDAR
The Consent Calendar includes routine items, which do not require discussion. A Councilmember may remove an item for discussion, and any member of the audience may request a Councilmember to remove an item for discussion. The items are approved in one motion.

1. MONTHLY CLAIMS: DECEMBER 1 THROUGH DECEMBER 31, 2021

2. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2021

3. QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT

4. ORDINANCE AUTHORIZING THE RATES EFFECTIVE FOR JANUARY 2022 FOR THE

SOLID WASTE CHARGES - ADOPTION

5. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
HILLSBOROUGH AND THE TEAMSTERS LOCAL 856 - PUBLIC WORKS AND

CLERICAL UNIT EMPLOYEES

6. MOTION TO RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 AND ASSEMBLY BILL 361 FOR THE CONTINUATION OF VIRTUAL

MEETINGS

7. ORDINANCE AMENDING TITLE 16 (“SUBDIVISIONS”) AND TITLE 17 (“ZONING”) OF

THE HILLSBOROUGH MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT AND SECOND UNIT PROJECTS TO IMPLEMENT SENATE BILL 9; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA – ADOPTION

8. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH D’ARCY & HARTY, INC. FOR THE 2020-2021 SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT – PHASE 1B IN THE AMOUNT OF $2,393,901.89 Agenda – Hillsborough City Council
Monday, January 10, 2022

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9. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH TESCO CONTROLS, INC. FOR AS-NEEDED

SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM SUPPORT SERVICES AND APPROVING A FY 2021-22 BUDGET AMENDMENT IN THE WATER FUND CIP #704.21 IN THE AMOUNT OF $298,165.00

10. RESOLUTION RATIFYING THE EMERGENCY CONTRACT WITH EPS, INC. FOR

EMERGENCY SEWER LIFT STATION REPAIRS AND REPLACEMENT AT THE POLICE DEPARTMENT IN THE AMOUNT OF $72,850.00 PLUS A 20% CONTINGENCY IN THE AMOUNT OF $14,570.00, FOR A TOTAL PROJECT COST OF $87,420.00

11. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR THE CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT

PROGRAM
IX. NEW BUSINESS

12. RESOLUTION ADOPTING THE 2022 SALARY SCHEDULE FOR THE TOWN OF

HILLSBOROUGH

13. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

A CONTRACT WITH CENTRAL SQUARE FOR COMMUNITY DEVELOPMENT

SOFTWARE AND AUTHORIZE THE EXPENDITURE FOR OTHER RELATED

MATERIALS ASSOCIATED WITH THE SOFTWARE UPGRADE IN AN AMOUNT NOT TO EXCEED $189,670.00
X. DISCUSSION

14. CITY COUNCILMEMBER COMMITTEE AND COMMISSION ASSIGNMENTS XI. INFORMATIONAL

15. CITY MANAGER'S UPDATE
XII. PUBLIC COMMENT II
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

XIII. CITY COUNCIL ITEMS
This section of the agenda provides the City Council an opportunity to ask questions on any project of interest. No action can be taken on any item not on the agenda.

XIV. MAYOR'S APPLAUSE
This portion of the meeting is for the Mayor to provide brief highlights of current items of interest in the Town.

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Monday, January 10, 2022

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XV. PRESENTATION OF MAYOR’S STATE OF THE TOWN
XVI. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Members of the public may provide public comments on any item on the Closed Session agenda via the Zoom platform by using the “raise hand” feature or, if calling in by phone, by pressing *9 on the telephone keypad. In response, the Town will unmute the speaker and allow them to speak up to three minutes. All members of the public will be limited to one comment per Closed Session item. The Town encourages all members of the public to limit any comments that might be repetitive of comments provided by other speakers on the same item.

XVII. PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEM
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1)
Title: City Manager
XVIII. ADJOURN TO CLOSED SESSION
XIX. RECONVENE OPEN MEETING
XX. CLOSED SESSION REPORT
XXI. ADJOURNMENT
SPECIAL ACCOMMODATIONS:

If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in the City Council meeting, or if you need an agenda in an alternate form, please contact the City Clerk’s Office at 375-7412 at least 24 hours before the scheduled City Council meeting.

ADDRESSING THE CITY COUNCIL:

Members of the public may provide written comments to the City Council regarding any item on the agenda up to two hours before the meeting to [email protected] or by mail/in person at 1600 Floribunda Avenue, Hillsborough, CA 94010. Any writings or documents provided to a majority of the City Council regarding any item on this agenda prior to the deadline, except as exempt from public disclosure under applicable law, will be available for public inspection on the Town website, and in the City Clerk’s Office at 1600 Floribunda Avenue, Hillsborough, CA 94010, during regular business hours.

AUDIO / VISUAL ADVISORY:

Those persons who wish to use PowerPoint or other mediums when presenting to the City Council will be required to submit media items to the City Clerk by 12:00 p.m. on the day of the meeting. Media items can be emailed to [email protected].

AUDIO OR VIDEO RECORDINGS:

Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.

UNAPPROVED MINUTES
MONDAY, DECEMBER 13, 2021
3:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
The meeting was conducted virtually pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic and the Center for Disease Control’s social distancing guidelines which discourage large public gatherings. The Council Chambers was not open to the public for this Town of Hillsborough City Council meeting.

CLOSED SESSION

CALL TO ORDER
Mayor Royse called the meeting to order at 3:36 p.m.

ROLL CALL

Present: Chuang, Cole, May (arrived in Closed Session at 4:30 p.m.), Krolik, Royse

PUBLIC COMMENT
There were no public comments.

ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.

PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Royse announced the items for Closed Session.

A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Glenn Berkheimer
Employee Organization: Teamsters Local 856 - Public Works and Clerical B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Brad Baruh, Kathy Baruh, et al. v. Town of Hillsborough and Does 1-100, inclusive San Mateo County Superior Court, Case No. 16CIV02284
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff – Two Potential Cases
D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Crown Castle NG West LLC v. Town of Hillsborough, et al.

San Mateo County Superior Court, Case No. 18CIV05650
E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 20CIV04592
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F. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 21CIV04709

ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:29 p.m.

REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Royse called the meeting to order at 6:07 p.m.

II. ROLL CALL

Present: Chuang, Cole, Krolik, Royse

Absent: May
III. PLEDGE OF ALLEGIANCE
Mayor Royse led the Pledge of Allegiance.

IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz stated there was no reportable action from the Closed Session.

City Attorney Diaz provided the following statement in the interest of providing information to the community: On November 30, 2021, Crown Castle submitted a letter to the Town indicating that it was abandoning the approvals on the 13 wireless applications approved by the City Council in the Spring and Summer of 2021. In their letter, Crown Castle notes the Town’s strong regulations as causing increased cost for their wireless project. The Town is both surprised and disappointed in Crown Castle’s decision based on the effort, time, and costs put into this review by the Town residents, the City Council, and Town staff. Although there may be differing viewpoints in the Town on wireless, we can all agree that there is some need for better wireless service in the Town. The Town takes great pride in the regulations the City Council has adopted in an effort to protect the Town and its residents, and that includes the strong regulations on wireless that allow for exceptions when legally appropriate. The Town believes these regulations strike the appropriate balance, are strong, and allow for wireless as detailed in the Town’s recent approval process. The Town is in the process of continuing to review the letter and determining whether it needs to take any next steps.

V. MINUTES: November 8, 2021 and November 22, 2021
Mayor Royse opened public comment. There were no public comments. Mayor Royse closed public comment.

On motion of Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote with Councilmember May absent, the minutes of the November 8, 2021 and November 22, 2021 City Council meeting were approved.

VI. SELECTION OF MAYOR
Mayor Royse opened nominations for the position of Mayor.

Councilmember Chuang nominated Al Royse for the position of Mayor. Councilmember Cole seconded the nomination.

Hearing no additional nominations, Mayor Royse closed nominations.

By unanimous roll call vote with Councilmember May absent, Al Royse was selected as Mayor.
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Mayor Royse provided brief comments.

VII. SELECTION OF VICE MAYOR
Mayor Royse opened nominations for the position of Vice Mayor.

Councilmember Cole nominated Christine Krolik for the position of Vice Mayor.

Councilmember Chuang seconded the nomination.

Hearing no additional nominations, Mayor Royse closed nominations.

By unanimous roll call vote with Councilmember May absent, Christine Krolik was selected as Vice Mayor.

Vice Mayor Krolik provided brief comments.

VIII. RECOGNITION
• RESOLUTION OF APPRECIATION: CITY OF SOUTH SAN FRANCISCO

INFORMATION TECHNOLOGY DEPARTMENT
Mayor Royse recognized Tony Barrera, City of South San Francisco Director of the Information Technology and South San Francisco Information Technology Department staff for their service to the Town of Hillsborough. Senior Management Analyst William Li read the resolution of appreciation. Mr. Barrera provided comments.

IX. PRESENTATIONS
• MAYOR'S STATE OF THE TOWN
At 6:21 p.m., Mayor Royse stated he would defer the presentation of the State of the Town to the end of the meeting if time permitted, in consideration of potential power outages due to weather.
• FIRE CHIEF'S REPORT
Central County Fire Department Fire Chief Bruce Barron presented the Fire Chief’s report.

X. PUBLIC COMMENT I
Lily Chen, 85 Sandra Road, spoke regarding ongoing concerns with the Sandra Hayne storm drain citing problems with soil erosion, fallen trees, collapsed storm pipes, sinkholes, and damage to her fence. Ms. Chen expressed concerns regarding future storm damage including potential damage to phone and electrical utilities, requested an increase to the project budget, that the Town be more proactive in mitigating collapsed storm drains, and that the project be prioritized.

Larry Friedberg inquired regarding the statement made by the City Attorney earlier in the meeting whether the Crown Castle applications have been formally withdrawn; if so, is that final, or can they be revived. Mr. Friedberg asked if they have not been withdrawn, what is the timetable for the withdrawal, and would the permits associated with the applications also be withdrawn.

Bob Walker expressed appreciation to the Central County Fire Department for their WUI inspection service and for the San Mateo County COVID vaccination booster clinic at the San Mateo County Fairgrounds.

City Attorney Diaz stated in response to Mr. Friedberg that the Town does not have clarity on responses to his questions, but the letter from Crown Castle will be made available to the public.
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XI. ANNOUNCEMENT OF CONFLICT OF INTEREST
Mayor Royse stated regarding Consent Calendar Item 6, one of the parties to the settlement is a former client, so he would recuse himself from participation in the item.

XII. CONSENT CALENDAR
Mayor Royse stated regarding Item 14, Resolution Authorizing Compensation Adjustments for Unrepresented Employees, the Brown Act requires a verbal report of the recommendations for final action on the salary or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to take place, which includes the Department Head positions in the Unrepresented group. Mayor Royse stated the recommended salary adjustments include a 3.5% cost of living increase for the Police Chief, Finance Director, Building & Planning Director and Public Works Director. The new annual salaries are Police Chief: $246,012; Finance Director: $228,072; Building & Planning Director:
$217,204; and Public Works Director: $243,724. Mayor Royse stated the City Manager’s salary will be evaluated in the upcoming months in conjunction with her annual appraisal.

Mayor Royse read the titles of the Consent Calendar items.

Councilmember Cole stated regarding Item 8, she would recuse herself from participation due to the appearance of a conflict of interest as her husband, Lionel Foster, is being considered for reappointment to the Architecture & Design Review Board.

There were no requests to remove an item from the Consent Calendar.

On motion of Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote with Councilmember May absent, Mayor Royse recused on Item 6 and Councilmember Cole recused on Item 8, the Consent Calendar was approved.

1. MONTHLY CLAIMS: NOVEMBER 1 THROUGH NOVEMBER 30, 2021 The monthly claims for the month of November 2021 in the amount of $3,636,755.23 were approved as submitted.

2. RESOLUTION ADOPTING AN INCREASE TO WATER SERVICE CHARGES AND VOLUME CHARGES EFFECTIVE JANUARY 2022
The resolution adopting an increase to water service charges and volume charges effective January 2022 was adopted.

3. ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) TOGETHER WITH THE INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING FOR THE YEAR ENDED JUNE 30, 2021 The Annual Comprehensive Financial Report together with the Independent Auditors’ Report on Internal Control over Financial Reporting for the fiscal year ended June 30, 2021 was accepted and filed.

4. MOTION TO RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 AND ASSEMBLY BILL 361 FOR THE CONTINUATION OF VIRTUAL

MEETINGS
The motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361 for the continuation of virtual meetings was approved.

5. ORDINANCE AMENDING CHAPTER 17.16 OF THE HILLSBOROUGH MUNICIPAL CODE REGARDING FAMILY DAY CARE HOMES – ADOPTION
The ordinance entitled “Ordinance of the City Council of the Town of Hillsborough Amending Sections 17.16.010 and 17.16.040 of the Hillsborough Municipal Code Relating to Family Day Care Homes” was adopted.
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6. CONSIDER OPTING INTO SETTLEMENT AGREEMENTS WITH DISTRIBUTORS OF

OPIOIDS, AMERISOURCE BERGEN, CARDINAL HEALTH, AND MCKESSON, AND

OPIOID MANUFACTURER JANSSEN (OWNED BY JOHNSON & JOHNSON) On motion of Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote with Councilmember May absent and Mayor Royse recused, the Town opted into settlement agreements with opioid distributors Amerisource Bergen, Cardinal Health, McKesson and Janssen (owned by Johnson & Johnson); whereby the County of San Mateo will receive the Town’s designated share of settlement funds and direct the City Manager to execute any documents necessary to implement the action.

7. RESOLUTION APPOINTING MEMBERS TO THE ADMINISTRATIVE HEARING

PANEL, ARCHITECTURE & DESIGN REVIEW BOARD, CITIZEN COMMUNICATIONS

ADVISORY COMMITTEE AND FINANCIAL ADVISORY COMMITTEE FOR TERMS JANUARY 1, 2022 THROUGH DECEMBER 31, 2024
The resolution appointing members to the Administrative Hearing Panel, Architecture & Design Review Board, Citizen Communications Advisory Committee, and Financial Advisory Committee for terms January 1, 2022 through December 31, 2024 was adopted.

8. RESOLUTION APPOINTING A MEMBER TO THE ARCHITECTURE & DESIGN REVIEW BOARD FOR A TERM JANUARY 1, 2022 THROUGH DECEMBER 31, 2024 On motion of Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote with Councilmember May absent and Councilmember Cole recused, the resolution appointing Lionel Foster to the Architecture & Design Review Board for a term January 1, 2022 through December 31, 2024 was adopted.

9. RESOLUTION ADOPTING REVISED TOWN POLICY 408 B: ENVIRONMENTAL

PURCHASING POLICY
The resolution adopting revised Town Policy 408 B: Environmental Purchasing Policy was adopted.

10. RESOLUTION ADOPTING REVISED TOWN POLICY 218: TIMESHEETS The resolution adopting revised Town Policy 218: Timesheets was adopted.

11. RESOLUTION ADOPTING REVISED TOWN POLICY 211: ELECTRONIC MAIL The resolution adopting revised Town Policy 211: Electronic Mail was adopted.

12. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE TEAMSTERS LOCAL 350 PUBLIC WORKS SUPERVISORS UNIT EMPLOYEES The resolution authorizing compensation adjustments for the Teamsters Local 350 Public Works Supervisors Unit employees was adopted.

13. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE

HILLSBOROUGH POLICE OFFICERS ASSOCIATION UNIT EMPLOYEES The resolution authorizing compensation adjustments for the Hillsborough Police Officers Association unit employees was adopted.

14. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR

UNREPRESENTED EMPLOYEES
The resolution authorizing compensation adjustments for Unrepresented employees was adopted.
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15. RESOLUTION ADOPTING THE TOWN OF HILLSBOROUGH 2022 LEGISLATIVE

PLATFORM
The resolution adopting the Town of Hillsborough 2022 Legislative Platform was adopted.

16. RESOLUTION ADOPTING THE SAN MATEO COUNTY MULTIJURISDICTIONAL

LOCAL HAZARD MITIGATION PLAN
The resolution adopting the San Mateo County Multijurisdictional Local Hazard Mitigation Plan was adopted.

17. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND

NINE EXISTING AGREEMENTS FOR AS-NEEDED PROFESSIONAL SERVICES TO

CORRECT THE COMPENSATION AMOUNT IN THE ORIGINAL AGREEMENTS DUE

TO A CLERICAL ERROR
The resolution approving and authorizing the City Manager to amend nine existing agreements on behalf of the Town for as-needed professional services to correct the compensation amount in the original agreements due to a clerical error was adopted.

18. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH AGUILAR AND SONS TO PROVIDE ON-CALL

STREET MAINTENANCE SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $161,225.00
The resolution awarding to and authorizing the City Manager on behalf of the Town to execute the contract with Aguilar and Sons for on-call street maintenance services in the not-to-exceed amount of $161,225.00 for one year with the option to contract for one additional year is adopted.

19. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH WESTLAND CONTRACTORS, INC. FOR THE 2019-2020 WATER MAIN REPLACEMENT PROJECT IN THE AMOUNT OF $2,540,990.52
The resolution accepting as complete the contract with Westland Contractors, Inc. for the 2019-2020 Water Main Replacement project in the amount of $2,540,990.52 and authorizing staff to file a Notice of Completion for the Project and release withheld retention in accordance with State prompt payment laws is adopted.

20. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT

AN APPLICATION FOR CALIFORNIA STATE PARKS PER CAPITA GRANT FUNDS ON BEHALF OF THE TOWN, INCLUDING A 20% GRANT FUNDING MATCH The resolution approving and authorizing the City Manager to submit an application for California State Parks Per Capita Grant Funds on behalf of the Town, including a 20% grant funding match, was adopted.

21. ORDINANCE AMENDING CHAPTER 17.52 OF THE HILLSBOROUGH MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) – ADOPTION
The ordinance entitled “An Ordinance of the City Council of the Town of Hillsborough Amending Chapter 17.52 of the Hillsborough Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units” was adopted.

22. ORDINANCE AMENDING SECTION 17.52.020(E)(1)(a) AND 17.52.020(D)(4) OF THE

HILLSBOROUGH MUNICIPAL CODE REGARDING THE MAXIMUM SIZE OF ATTACHED OR DETACHED ACCESSORY DWELLING UNITS (ADUs) ALLOWED

UNDER A PLANNING PERMIT AND SEPARATE CONVEYANCES PURSUANT TO AB 345 – ADOPTION
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The ordinance entitled “An Ordinance of the City Council of the Town of Hillsborough Amending Section 17.52.020(E)(1)(a) and 17.52.020(D)(4) of the Hillsborough Municipal Code Regarding the Maximum Size of Attached or Detached Accessory Dwelling Units (ADUs) Allowed Under a Planning Permit and Separate Conveyances Pursuant to AB 345” was adopted.

XIII. PUBLIC HEARING

23. RESOLUTION AUTHORIZING RATES EFFECTIVE JANUARY 2022 FOR SOLID

WASTE CHARGES AND INTRODUCTION OF AN ORDINANCE AUTHORIZING THE RATES EFFECTIVE FOR JANUARY 2022 FOR THE SOLID WASTE CHARGES Finance Director Jan Cooke, Rick Simonson, Vice President, HF&H Consultants and Deputy City Attorney Joanna Gin provided the staff presentation.

Mayor Royse opened the Public Hearing at 7:16 p.m.

Bob Walker stated he was surprised the fixed cost is not higher and that the amount per cubic foot of waste should be more uniform across all sizes of containers.

City Clerk Lisa Natusch left the meeting to proceed to the secure drop-box in the Town Hall parking lot to check for any additional written protests received. The drop-box was opened at 7:22 p.m. The drop-box was closed at 7:22 p.m.

City Clerk Natusch returned to the meeting and reported that there were no written protests in the drop-box. She reported that two valid written protests were received during the protest period. She stated that to achieve a majority protest, at least 1,957 valid written protests would need to have been received.

Mayor Royse closed the public hearing at 7:21 p.m.

On motion of Councilmember Cole, seconded by Councilmember Chuang and unanimous on roll call vote with Councilmember May absent, the resolution authorizing rates effective January 2022 for solid waste charges was adopted.

On motion of Councilmember Cole, seconded by Councilmember Chuang and unanimous on roll call vote with Councilmember May absent, the ordinance entitled “Ordinance of the City Council of the Town of Hillsborough Authorizing the Rates Effective for January 2022 for Solid Waste Charges" which will take effect only in the event the Initiative is adopted by the California voters in November 2022 was introduced with further reading waived.

24. ADOPTION OF AN URGENCY ORDINANCE AMENDING TITLE 16 (“SUBDIVISIONS”) AND TITLE 17 (“ZONING”) OF THE HILLSBOROUGH MUNICIPAL CODE RELATING

TO URBAN LOT SPLITS AND TWO-UNIT AND SECOND UNIT PROJECTS TO IMPLEMENT SENATE BILL 9; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA; AND
INTRODUCTION OF AN ORDINANCE AMENDING TITLE 16 (“SUBDIVISIONS”) AND TITLE 17 (“ZONING”) OF THE HILLSBOROUGH MUNICIPAL CODE RELATING TO

URBAN LOT SPLITS AND TWO-UNIT AND SECOND UNIT PROJECTS TO IMPLEMENT SENATE BILL 9; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
Liz Ruess, Long-range Planning & Special Projects provided the staff report. Deputy City Attorney Todd Leishman provided additional information.

Mayor Royse opened the Public Hearing at 7:43 p.m.

Raayan Mohtashemi expressed concern regarding the amount of time available to review the staff report and ordinance in advance of the meeting. -7-
Unapproved Minutes – Hillsborough City Council
Monday, December 13, 2021

Page 8 ends

Dennis Moore expressed concerns regarding the ability to implement SB 9 in Hillsborough due to lack of infrastructure for new residents including sidewalks and jobs, and why it is a city problem to solve rather than a regional problem. Mr. Moore also expressed concerns regarding the lack of water in California.

Mayor Royse closed the Public Hearing at 7:46 p.m.

On motion of Vice Mayor Krolik, seconded by Councilmember Cole and unanimous on roll call vote with Councilmember May absent, the urgency ordinance entitled "Urgency Ordinance of the City Council of the Town of Hillsborough Amending Title 16 (“Subdivisions”) and Title 17 (“Zoning”) of the Hillsborough Municipal Code Relating to Urban Lot Splits and Two-Unit and Second Unit Projects to Implement Senate Bill 9; and Finding the Action to be exempt from CEQA” was adopted with further reading waived.

On motion of Vice Mayor Krolik, seconded by Councilmember Cole and unanimous on roll call vote with Councilmember May absent, the ordinance entitled “Ordinance of the City Council of the Town of Hillsborough Amending Title 16 (“Subdivisions”) and Title 17 (“Zoning”) of the Hillsborough Municipal Code Relating to Urban Lot Splits and Two-Unit and Second Unit Projects to Implement Senate Bill 9; and Finding the Action to be exempt from CEQA” was introduced with further reading waived.

XIV. DISCUSSION

25. TOWN HALL CAMPUS – TOWN OWNED PROPERTY
City Manager Ann Ritzma and Seth Merewitz, BB&K, provided the staff report.

Councilmember Cole left the meeting at 7:53 p.m. due to technical difficulties.

Councilmember Cole returned to the meeting at 8:02 p.m.

Mayor Royse opened public comment.

Raayan Mohtashemi spoke in support of the project and maximizing housing in the Town.

Rada Zarandian spoke in support of the project.

Mimi Lynde spoke in support of the project.

Neaka Mohtashemi spoke in support of the project.

On motion of Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote with Councilmember May absent, the City Council directed staff to conduct a Request for Proposals for design consulting services to develop schematic design options for the reconfiguration of the Town Hall campus and preliminary cost estimates and to engage BB&K for consulting services for the planning, analysis, and execution of a work plan for the Town campus that will meet the needs of the Town and leverage the opportunities of public-private partnerships.

Councilmember Chuang left the meeting at 8:31 p.m.

XV. INFORMATIONAL

26. AMERICAN RESCUE PLAN ACT UPDATE
City Manager Ann Ritzma provided an informational update related to the American Rescue Plan Act (ARPA) funds for the Town.

27. UPDATE ON IMPLEMENTATION OF TYLER TECHNOLOGIES, INC. FOR THE MUNIS

ENTERPRISE RESOURCE PLANNING (ERP) FINANCIAL SYSTEM
-8-
Unapproved Minutes – Hillsborough City Council
Monday, December 13, 2021

Page 9 ends

Assistant Finance Director Rich Santiago provided an update on the implementation of Tyler Technologies, Inc. for the Munis Enterprise Resource Planning (ERP) financial system.

Mayor Royse opened public comment. There were no public comments. Mayor Royse closed public comment.

28. DROUGHT UPDATE
Public Works Director Paul Willis provided an update on the drought.

29. CITY MANAGER'S UPDATE
City Manager Ann Ritzma provided an informational update.

XVI. PUBLIC COMMENT II
There were no public comments.

XVII. CITY COUNCIL ITEMS
Mayor Royse reported his attendance at a meeting of the SFO Airport/Community Roundtable in which changes to the membership criteria were discussed to include new members outside of the county, and no changes to the criteria were made.

Mayor Royse stated he would defer the Mayor’s State of the Town presentation until the next City Council meeting or provide it as a recorded message due to technical difficulties during the meeting and weather concerns.

XVIII. MAYOR'S APPLAUSE
On behalf of the City Council, Mayor Royse wished the community a happy holiday season.

XIX. ADJOURNMENT
Mayor Royse adjourned the meeting at 9:11 p.m.
-9-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
1 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: DECEMBER 1 THROUGH DECEMBER 31, 2021 SUMMARY: The monthly claims for the month of December 2021 in the amount of $4,680,818.51 are submitted for approval.

FISCAL IMPACT: Claims have been expended pursuant to the approved budget.

ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS: Monthly Claims Listing
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the monthly claims for December 2021 as submitted. -11-

TOWN OF HILLSBOROUGH

REPORT OF GOODS & SERVICES PURCHASED
DURING THE MONTH OF DECEMBER 2021
PREPARED BY:

Alan Singh
DocuSign Envelope ID: 39FA2768-2DA9-4630-B1B7-86C0B380198A -12-

TOWN OF HILLSBOROUGH

SUMMARY OF PURCHASES
DURING THE MONTH OF DECEMBER 2021
GOODS & SERVICES PURCHASED $2,746,545.50
NET SALARIES & TAXES PAID 916,092.15
HEALTH BENEFIT PREMIUMS 150,713.75
BOND PAYMENTS 25,697.30
CCFD FUNDING 602,441.00
SAN FRANCISCO WATER PAYMENTS 239,328.81
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $4,680,818.51

FINANCE DIRECTOR DATE

CITY MANAGER DATE
DocuSign Envelope ID: 39FA2768-2DA9-4630-B1B7-86C0B380198A 1/4/2022
1/4/2022
-13-

COMPARATIVE SUMMARY
For the Month of December 2021
Dec-21 Dec-20 Dec-19
Goods & Services Purchased:

Operations 1,880,236.54 1,373,906.13 1,578,277.54
Capital 866,308.96 797,436.17 937,829.38
Net Salaries & Taxes Paid 916,092.15 883,072.04 807,482.86 Health Benefit Premiums 150,713.75 141,509.28 139,409.12 Bond Payments 25,697.30 64,372.77 227,885.34
CCFD Funding 602,441.00 660,690.00 1,275,818.00
San Francisco Water Payments 239,328.81 360,618.03 400,248.36 Section 115 Pension Trust 0.00 0.00 1,000,000.00
Total $4,680,818.51 $4,281,604.42 $6,366,950.60
NOTES:

Operations -
Capital -
Rehabilitation Program.

Net Salaries & FY 21/22 payroll is higher compared to the prior year due to timing of filling open positions, Taxes Paid - addition of new positions and salary cost of living adjustment changes.

Bond -
CCFD -
Water -
drought outreach to customers.

Section 115
and monies were timed into the market. The trust was fully funded at target in FY 20/21.

The Section 115 Pension trust was established with Keenan Financial Services in 2019 FY 21/22 contribution is based on budget/contract.

There was no SFPUC wholesale water rate increase on July 1, 2021. The decrease from the prior year in usage can be attributed to early seasonal precipitation and active the standby purchasing agreement.

FY 21/22 spending is consistent with FY 20/21 spending except for timing of payments to the City of San Mateo for sewer services, as well as various engineering consultants.

Capital project spending in December 2021 is primarily for the Street Resurfacing Improvement project, Sandra/Hayne Storm Drain project and Sewer Priority Basin I/II December Bond spending is consistent with prior year except for timing of payment for DocuSign Envelope ID: 39FA2768-2DA9-4630-B1B7-86C0B380198A -14-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2021
CK # VENDOR DESCRIPTION AMOUNT
69043 4LEAF, INC. OCT '21 PERMIT TECHNICIAN SERVICE BP 11,040.00 69045 AFLAC OCT'21 INSURANCE PREMIUM 1,946.64
69046 AIRGAS INC SUPPLIES - WELDER GAS PW 17.26
69047 AIXTEK NOV '21 IT MANAGEMENT SERVICE IT 24,585.00 69048 ALEXANDER & ASSOCIATES, INC. SEPT 16-30 '21 LOT LINE ADJUSTMENT PW 1,400.00 69049 ALHAMBRA & SIERRA SPRINGS OCT '21 WATER BP 18.75
69050 ALL FENCE COMPANY, INC. INSTALL - GATES/FENCE MULTIPLE SITES PW 9,865.00 69051 ALL INDUSTRIAL ELECTRIC SUPPLY MATERIALS - GENERATOR WIRES PW 2,334.77 69052 ALLIED 100, LLC EQUIP - AED UNITS PD 11,858.42
69053 AMAZON WEB SERVICES, INC NOV '21 BACKUP STORAGE IT 634.16 69054 AMERICAN EAGLE ROOFING REFUND - PERMIT OVERPAYMENT BP 288.42 69055 ARAMARK SERVICES, INC COFFEE & SUPPLIES ADMIN 201.67 69056 ARAMARK UNIFORM & CAREER UNIFORM CLEANING SERVICE W/E 11/18/21 528.57 69057 ARCHIVESOCIAL, INC SOFTWARE - SOCIAL RECORDS ARCHIVE PD 2,988.00 69058 AT&T 10/24/21-10/23/21 813.42
69059 BAY AREA AIR QUALITY MGMT. DIS PERMIT RENEWAL FEE - CORP YARD PW 255.00 69060 BAY AREA GEOTECHNICAL GROUP STREET RESURFACE PRJ AND VARIOUS PRJ PW 27,192.12 69061 BAY AREA WATER SUPPLY & WATERSMART REPORTS 21-22 PW 16,573.21 69062 BAYSIDE BUILDING MATERIALS INC MATERIALS - CEMENT PW 239.28 69064 BEST BEST & KRIEGER LLP FEE - OCT/NOV '21 LEGAL SERVICE 33,840.50 69065 BKF ENGINEERS A2 PHASE 2 DESIGN PRJ PW 15,037.00
69066 BOSCO OIL COMPANY GAS PD 2,890.79
69067 BURNETT LANDSCAPE DEVELOPMENT INSTALL - PLANTS HBF 280 ENTRANCE PLANTER 2,493.00 69068 GIDEON M CAINE REFUND - WATER DEPOSIT BALANCE FIN 53.71 69069 CAL GOVERNOR'S OFFICE OF TRAIN - OFFICER SAFETY SEMINAR 10/25/21 PD 683.00 69070 CENTRAL COUNTY FIRE DEPARTMENT DEC '21 FISCAL CONTRIBUTION 602,441.00 69071 VICTOR CHUNG REFUND - WATER DEPOSIT BALANCE FIN 311.41 69072 CITY OF SAN MATEO DEC '21 LIBRARY SERVICES FIN/SWAT TRAINING FEE PD 19,668.56 69073 CIVICPLUS SOFTWARE - TOWN MOBILE APP 11/10/21-12/31/21 IT 800.00 69074 CLARK PEST CONTROL PEST CONTROL - PW 174.00
69075 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICES ZONE #1 & 2 PW 2,295.00 69076 COLMA FIREMEN'S SOCIAL CLUB COUNCIL OF CITIES MEETING 12/17/21 CCO 50.00 69077 COMCAST OCT '21 CALNET NONCGEN LINE IT 4,410.25
69078 COMCAST 11/8/21- 12/7/21 MULTIPLE ACCOUNTS 203.76 69079 CONTI LLC REPAIR - AUDIO/VISUAL SYSTEM COUNCIL CHAMBER IT 896.00 69080 COUNTY OF SAN MATEO FY2021-22 ANIMAL CONTROL PD 87,749.00 69081 COUNTY OF SAN MATEO INFO SVC OCT'21 MICRO CHANNEL LINES PD 164.51 69083 CSG CONSULTANTS, INC. CIP ADMIN SEWER & VARIOUS PRJ 10/1/21-10/29/21 PW 183,486.25 69084 CWEA 2021/22 MEMBERSHIP STAFF PW 768.00
69085 D'ARCY & HARTY CONSTRUCTION 2020 PRIORTY STORM DRAIN REPAIR PRJ RETENTION 10,616.72 69086 DAILY JOURNAL CORPORATION LEGAL NOTICES MULTIPLE ORDINANCES CCL 14,718.17 69087 DOOLEY ENTERPRISES, INC. SUPPLIES - AMMUNITION PD 4,779.73 69088 E AND M ELECTRIC & MACHINERY EQUIP - SCADA AUTODIALER MODEM PW 616.01 69089 EK HEALTH ERGNOMIC EVALUATION STAFF HR 693.02
69090 FASTRACK BRIDGE TOLL PD 6.00
69091 FREDCO MARKETING PRINT - WATER QUALITY REPORTS/DOOR TAGS PW 2,273.74 69092 G. BORTOLOTTO & CO 2021 STREET RESURFACING PRJ PW 250,412.45 69093 LARRY GEE REFUND - WATER DEPOSIT BALANCE FIN 69.88 69094 GO NATIVE, INC MAINT - TANK SITE/CORP YARD VEGETATION MANAGE 29,865.00 69095 GRAINGER EQUIP -CORDLESS SAW/ WINCH CABLES PW 258.30 69096 GRANITE ROCK COMPANY MATERIALS - ASPHALT PW 170.60 69097 GREATLAND CORP PRINT - CHECK STOCK FIN 104.72
69098 IRWIN GROSS REFUND - WATER OVERPAYMENT FIN 2,473.42 69099 HACH COMPANY WATER QUALITY SUPPLIES PW 986.73
69100 HF&H CONSULTANTS, LLC OCT'21 PROF SERVICES WATER/SOLID WASTE RATE FIN 6,448.00 69101 HOME DEPOT CREDIT SERVICES SEPT '21 VARIOUS PARTS & SUPPLIES PW 1,520.66 69102 HOWARD ROME MARTIN & LEGAL SERVICES MAY - OCT'21 CM 62.25 DocuSign Envelope ID: 39FA2768-2DA9-4630-B1B7-86C0B380198A -15-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2021
69103 IEDA, INC DEC'21 LABOR RELATIONS HR 1,437.07
69104 INFOSEND, INC. SEPT '21 UTILITY BILLING FIN 1,318.07 69105 INTERWEST CONSULTING GROUP OCT '21 SITE AUDIT PROGRAM BP 1,280.00 69106 KWOK H. KAN REFUND - BUILD DEPOSIT BP 5,815.00
69107 KEVIN KASHIWAHARA BACKGROUND INVESTIGATION NEW HIRE PD 1,296.94 69108 KNOWBE4, INC SOFTWARE - SECURITY AWARENESS TRAINING IT 2,106.00 69109 LANDTEK LANDSCAPE INC NOV'21 LANDSCAPE MAINT VARIOUS SITES HBF 2,307.00 69110 LAU-LAM FAMILY TRUST REFUND - WATER DEPOSIT BALANCE FIN 308.78 69111 LC ACTION POLICE SUPPLY EQUIP - HANDGUNS/PEPPER SPRAY PD 2,753.43 69112 LING LU REFUND - WATER DEPOSIT BALANCE FIN 136.05 69113 MASTERPIECE GARDENERS, INC MAINT - NOV '21 HBF LANDSCAPE VARIOUS SITES 900.00 69114 MIWALL CORPORATION AMMUNITION - PD 2,865.63
69115 MOCHARY GROUP REFUND - WATER DEPOSIT BALANCE FIN 177.89 69116 MURRAYS TRUCK & AUTO MAINT- FREIGHTLINER TRUCK #538 PW 6,315.86 69117 NOEL L. MILLER, INC. MAINT - MULTIPLE VEHICLES PW 5,030.63 69118 NORCAL RENTAL GROUP LLC SUPPLIES - PROPANE PW 33.78 69119 JOSE ORTIZ PER DIEM/MILEAGE- POLICE DOG HANDLER TRAINING PD 942.88 69120 PENINSULA UNIFORMS & EQUIPMENT UNIFORMS - VARIOUS ITEMS STAFF PD 2,065.44 69121 PG & E 10/11/21-11/8/21 MULTIPLE ACCOUNTS 44,624.78 69122 R & A JANITORIAL SERVICE, LLC DEC '21 JANITORIAL SERVICES PW 14,743.72 69123 SAN MATEO COUNTY PUBLIC SAFETY JUL-SEPT '21 MESSAGE SWITCH PD 2,918.50 69124 SAN MATEO COUNTY SHERIFF'S FEE- COYOTE POINT RANGE 10/21 PD 4,400.00 69125 SAN MATEO LUMBER CO., INC MATERIALS - WOOD PW 418.72 69126 SFPUC FINANCIAL SERVICES SEPT '21 - WATER QUALITY ANALYSIS PW 935.00 69127 ILENE HILLARY SOTNICK PRINT - BIB APRON WITH LOGOS CM 833.44 69128 SPOTLIGHT IMPRESSIONS, INC PRINT - EMPLOYEE NAME BADGES CCL 131.36 69129 STANDARD INSURANCE COMPANY NOV/DEC '21 GRP LIFE/ADD/LTD ASSESSMENT FIN 5,912.76 69130 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 514.75 69131 STEPFORD SOFTWARE - MICROSOFT 365 SUBSCRIPTION DEC '21 IT 4,182.10 69132 ANNIE TAI REFUND - WATER DEPOSIT BALANCE FIN 126.17 69133 DAVID TENNENHOUSE REFUND - WATER DEPOSIT FIN 500.00 69134 THIRKETTLE CORPORATION SOFTWARE - RNI SAAS FEE/SENSUS TRANSCEIVERS PW 29,170.50 69135 DENNIS TOM REFUND - BUILD DEPOSIT BP 7,760.00
69136 TYLER TECHNOLOGIES, INC. TRAIN - MUNIS FINANCIAL SYSTEM FIN 2,700.00 69137 UTILITY TELECOM, INC. DEC'21 ETHERNET & 3 CIRCUITS IT 398.20 69138 VERIZON WIRELESS 10/7/21- 11/6/21 MULITPLE ACCOUNTS PW/PD 1,673.64 69139 VIKING SHRED LLC DESTRUCTION SERVICES PD 78.99
69140 VOX NETWORK SOLUTIONS MAINT - CALL ISSUES IT 184.00 69141 WADE GROUP INTERNATIONAL INC SUPPLIES - GLOVES PD 1,195.00 69142 ACCESS UNIFORMS, INC. SUPPLIES - LANYARDS/BAGS/ BOTTLES HR 3,312.24 69143 AGUILAR & SONS REPAIR - INSTALL ASPHALT EUCALYPTUS PW 1,547.00 69144 AIXTEK DEC '21 IT MANAGEMENT SERVICE IT 29,310.00 69145 ALHAMBRA & SIERRA SPRINGS DEC '21 WATER FIN/BP 29.90 69146 ALL FENCE COMPANY, INC. IINSTALL - FENCE CORP YARD PW 3,910.00 69147 ARAMARK SERVICES, INC COFFEE & SUPPLIES ADMIN 165.07 69148 ARAMARK UNIFORM & CAREER UNIFORM CLEANING SERVICE W/E 12/2/21 & 12/9/21 PW 991.90 69149 AT&T 10/20/21-11/19/21 MULTIPLE ACCOUNTS 1,708.98 69150 ATLAS TOWING SERVICES, INC TOW - CAR TO HILLSBOROUGH PD 300.00 69151 BAY AREA AIR QUALITY MGMT. DIS PERMIT RENEWAL - MULTIPLE SITES PW 1,522.00 69152 BAY AREA WATER SUPPLY & WATERS LOSS CONTROL PROGRAM OCT '21 PW 16,246.42 69153 GLENN BERKHEIMER DEC'21 LABOR RELATIONS HR 1,250.00 69154 BEST BEST & KRIEGER LLP FEE - SEPT/OCT '21 LEGAL SERVICE 37,643.57 69155 BEST BEST & KRIEGER LLP FEE - NOV '21 LEGAL SERVICE 17,034.46 69156 BIG STATE INDUSTRIAL SUPPLY, SUPPLIES - GLOVES PW 195.54 69157 BOSCO OIL COMPANY GAS/DIESEL PW/PD 3,197.82
69158 BROWN AND CALDWELL EMERGENCY RESPONSE PLAN PW 8,217.00 69159 BURNETT LANDSCAPE DEVELOPMENT MAINT - DEC '21 HBF LANDSCAPE VARIOUS SITES 5,421.00 69160 CAFFE CARRELLO INC COFFEE SERVICE EMPLOYEE APPRECIATION EVENT 375.00 69161 CAL-STEAM, INC. #2504 EQUIP - SUMP PUMP/BUSHING/VALVES PW 1,886.07 69162 CENTRAL COUNTY FIRE DEPARTMENT REMIT - Q1 FY 21/22 FIRE REVIEW FEE FIN 4,473.50 69163 CENTRALSQUARE TECHNOLOGIES,LLC SOFTWARE - 2022 TRAKIT MAINTENANCE FEE BP 15,280.65 DocuSign Envelope ID: 39FA2768-2DA9-4630-B1B7-86C0B380198A -16-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2021
69164 CITY OF BURLINGAME DEC '21 LIBRARY SERVICES 57,716.00 69165 CITY OF SAN MATEO O&M QTR 2-4 FY 20-21, CIP QTR 2-4 FY 20-21 415,982.15 69166 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICES PW 4,335.00 69167 MELISSA COLLA REIMB - TRAVEL WOMEN LEADERS IN LAW CONF PD 641.92 69168 COMCAST DEC'21 MULTIPLE ACCOUNTS PD/PW 805.93
69169 CORDICO PSYCHOLOGICAL EVALUATION NEW HIRE PD 400.00 69170 CORE & MAIN LP PARTS - PIPE END CAPS/CHLORINE PW 4,518.45 69172 CSG CONSULTANTS, INC. STREET RESURFACE PRJ & VARIOUS PRJ 8/1/21-8/27/21 109,450.00 69174 CSG CONSULTANTS, INC. CIP ADM SEWER 21-22 & VARIOUS PRJ 9/1/21-9/24/21 PW 202,781.25 69175 D'ARCY & HARTY CONSTRUCTION 20/21 SEWER REHAB PRJ PHASE 1B PW 152,262.10 69176 DAILY JOURNAL CORPORATION LEGAL NOTICES MULTIPLE ORDINANCES CCL 3,229.95 69177 DELL MARKETING L.P. EQUIP - MONITORS FIN IT 469.35 69178 DIEMER ENGINEERING, INC. NOV '21 PROF ENGINEER VARIOUS PRJ PW 2,100.00 69179 ELK GROVE AUTO GROUP PURCHASE - 2021 DODGE CHARGER PD 41,898.28 69180 EPS, INC. INSTALL - FAUCET JUNCTION BOX TOWN HALL PW 412.00 69181 ERLER & KALINOWSKI, INC SANDRA/HAYNE STORM DRAIN REPAIR & VARIOUS PRJ 44,022.32 69182 FOLGER GRAPHICS, INC PRINT -QUARTERLY NEWSLETTERS Q4 2021 2,235.00 69183 ANN STAR FORMAN FEE - NOTARY SERVICES NOV '21 BP 465.00 69184 GE SOFTWARE SOFTWARE - FUEL SITE MODULE PW 80.00
69185 GEORGE'S GARDEN SERVICE OCT/NOV '21 MAINT - ISLAND HAYNE & DARRELL PW 500.00 69186 GRAINGER EQUIP - HAND TROWELS PW 72.18
69187 HOME DEPOT CREDIT SERVICES OCT '21 VARIOUS PARTS & SUPPLIES PW 992.14 69188 HOWARD ROME MARTIN & LEGAL SERVICES NOV '21 CM 70.50 69189 MARK D HUDAK LEGAL SERVICES NOV '21 CM 5,400.00
69190 INFOSEND, INC. OCT '21 UTILITY BILLING FIN 1,192.18 69191 SHAWN KIRBY AUG-DEC '21 POOL SERVICE PW 1640 RENTAL PW 825.00 69192 LANDTEK LANDSCAPE INC DEC'21 LANDSCAPE MAINT VARIOUS SITES HBF 2,307.00 69193 ALEXANDER LIVERANT REFUND - BUILD DEPOSIT BP 5,085.50 69194 MAGNET FORENSICS USA, INC SOFTWARE - AXIOM BUNDLE 1/1/22-12/31/22 PD 9,989.69 69195 METROPOLITAN PLANNING GROUP CONSULT - NOV '21 PLANNER SERVICES BP 7,676.25 69196 MURRAYS TRUCK & AUTO MAINT- FORD F550 TRUCK #324 PW 439.37 69197 NOEL L. MILLER, INC. MAINT - MULTIPLE VEHICLES PW 1,191.54 69198 NORCAL RENTAL GROUP LLC EQUIP - BOOM RENTAL CHRISTMAS LIGHTS PW 1,153.03 69199 PAKPOUR CONSULTING GROUP,INC DARRELL TANK/COUNRY CLUB PUMP IMPROVE PRJ PW 1,405.00 69200 PRIORITY 1 MAINT - MULTIPLE VEHICLES PD 4,874.25
69201 QUADIENT LEASING USA, INC POSTAGE METER LEASE/INK CARTRIDGE FIN 673.74 69202 QUENCH USA, INC WATER FILTRATION SERVICE 11/28/21-12/27/21 PD 71.09 69203 REDWOOD GENERAL TIRE CO. MAINT - TIRES BACKHOE #1 PW 2,013.19 69204 ALVIN ROYSE REIMB - LEAGUE OF CA CONF EXP 9/22-24/21 CCO 552.24 69205 SFPUC FINANCIAL SERVICES OCT '21 - WATER QUALITY ANALYSIS PW 920.00 69206 SHARP BUSINESS SYSTEMS OCT '21 COPIER CHARGES 1,626.48 69207 SOUTH BAY REGIONAL PUBLIC TUITION - POLICE ACADEMY PD 3,887.00 69208 SPOTLIGHT IMPRESSIONS, INC PRINT - EMPLOYEE EXCELLENCE PLAQUE PW 114.84 69209 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 430.69 69210 DENIZ TEOMAN REFUND - BUILD DEPOSIT BP 32,214.50
69211 THE PERMANENTE MEDICAL EMPLOYEE PHYSICAL STAFF HR 820.00 69212 TIMBERLINE TREE SERVICE, INC. MAINT - TREE REMOVAL MULTIPLE LOCATIONS PW 13,980.00 69213 TURBO DATA SYSTEMS, INC. OCT '21 CITATION PROCESSING & SCANNERS PD 1,616.67 69214 TYLER TECHNOLOGIES, INC. SOFTWARE - MUNIS 12/1/21-11/30/22 FIN 69,247.00 69215 VERIZON WIRELESS 10/11/21 - 11/10/21 PD 1,350.40
69216 VOX NETWORK SOLUTIONS MAINT - VOICEMAIL ISSUES IT 92.00 69217 WITMER-TYSON IMPORTS, INC. OCT'21 K-9 TRAINING & SUPPLIES PD 1,455.47 69218 ALEXANDER WONG REFUND - BUILD DEPOSIT BP 10,125.50 69219 WRA, INC BIOLOGICAL REVIEW 10/30/21-11/26/21 BP 6,314.24 69220 LAWRENCE ZIENTARSKI QUARTERLY NEWSLETTER Q4 2021 CM 900.00 TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $ 2,947,164.41 CALPERS RETIREMENT CONTRIBUTIONS 296,528.42
VISA PAYMENTS 28,888.04
DocuSign Envelope ID: 39FA2768-2DA9-4630-B1B7-86C0B380198A -17-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2021
RETIREE HEALTH REIMBURSEMENTS 76,405.63
TOTAL GOODS & SERVICES FOR THE MONTH $ 3,348,986.50
DocuSign Envelope ID: 39FA2768-2DA9-4630-B1B7-86C0B380198A -18-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
2 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2021
SUMMARY: Government Code Section 5364(b) requires that the Quarterly Investment Report be rendered to the City Council during public session within 30 days of the quarter's end.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ATTACHMENTS: Quarterly Treasurer's Report
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the Treasurer's Report for the quarter ending December 31, 2021. -19-
Purchase Maturity Days to Amortized/Fair/ Coupon Valuation Issuer Type Date Date Maturity Cost Par Value Market Value Rate Yield Source LAIF On demand 74,990,846.98 74,990,846.98 74,981,372.71 0.2030% 1 Sec 115 Benefit Trust Company 6,091,453.31 6,091,453.31 6,091,453.31 1.9000% 3 Cash on Hand 8,300.00 8,300.00 8,300.00
Checking Account On demand 3,749,606.63 3,749,606.63 3,749,606.63 0.0100% 3 US Bank Custodial Account 37,602.69 37,602.69 37,602.69 0.0000% 4 Sub-total 84,877,809.61 84,877,809.61 84,868,335.34
INVESTMENTS: Cost Market Value
United States Treasury TN 10/29/2020 5/15/2023 500 199,937.50 200,000.00 198,852.00 0.1300% 3 United States Treasury TN 10/29/2020 10/15/2023 653 199,812.50 200,000.00 198,000.00 0.1300% 3 United States Treasury TN 6/11/2021 3/15/2024 805 200,250.00 200,000.00 197,610.00 0.2500% 3 United States Treasury TN 10/1/2021 9/30/2025 1369 196,062.50 200,000.00 193,672.00 0.2600% 3 United States Treasury TN 6/11/2021 8/31/2024 974 206,000.00 200,000.00 201,836.00 1.2400% 3 United States Treasury TN 4/17/2017 3/31/2022 90 209,934.38 210,000.00 210,831.60 1.7400% 3 United States Treasury TN 6/11/2021 7/31/2024 943 211,562.50 200,000.00 206,352.00 2.0600% 3 United States Treasury TN 4/16/2018 3/31/2023 455 413,962.50 415,000.00 425,229.75 2.4400% 3 BMW BK NORTH AMER SALT LAKE NCD 6/18/2021 6/18/2024 900 250,000.00 250,000.00 247,155.00 0.3000% 3 CAPITAL ONE NK USA NATL ASSN NCD 4/26/2017 4/26/2022 116 250,000.00 250,000.00 251,690.00 2.3300% 3 ENERBANK USA UT NCD 4/30/2018 4/28/2023 483 250,000.00 250,000.00 258,285.00 2.8500% 3 EVERBANK JACKSONVILLE NCD 4/28/2017 4/28/2022 118 250,000.00 250,000.00 251,555.00 2.1400% 3 HORIZON BK NATL ASSN IND NCD 5/4/2018 5/4/2023 489 250,000.00 250,000.00 258,355.00 2.8500% 3 UBS BK USA SALT LAKE CITY NCD 6/16/2021 6/16/2022 167 200,000.00 200,000.00 199,794.00 0.1000% 3 Sub-Total 3,287,521.88 3,275,000.00 3,299,217.35
GRAND TOTALS $ 88,165,331.49 $ 88,152,809.61 $ 88,167,552.69 LEGENDS:

LAIF Local Agency Investment Fund (State of CA) LAIF Quarterly Performance Report 1 SMCP San Mateo County Pool SMCP report 2
MMF Money Market Fund Custodian Bank/Trust statement 3
BA Bankers' Acceptance Broker/Dealer market information 4 CP Commercial Paper Other Sources: Newspaper, other 5
TCD Time Certificate of Deposit Amortized Cost 6
NCD Negotiable Certificate of Deposit
TB Treasury Bill
TN Treasury Note
All funds are invested in accordance with the Town of Hillsborough's Investment Policy as approved by the City Council. Sufficient funds are available to meet the Town's expenditures for a six-month period. This report is prepared pursuant to Government Code Section 53646.

Prepared by: Rich Santiago, Assistant Finance Director
Date
Approved by: Jan Cooke, Finance Director
Date
Town of Hillsborough
Report on Cash and Investments Held As of Quarter Ended December 31, 2021

TYPE OF INVESTMENTS VALUATION SOURCE
1/4/2022
DocuSign Envelope ID: A945D4F3-9393-4F81-80B2-01C6D8469CF4 1/5/2022
-20-
RECAP: Purchase Price % to Total TOH Restriction 2nd Quarter* Year To Date LAIF Local Agency Investment Fund $ 74,990,846.98 85.1% None 38,058 76,060 TCD Time Certificate of Deposit - 0.0% None
NCD Negotiable Certificate of Deposit 1,450,000.00 1.6% None 5,468 14,438 TB Treasury Bills - 0.0% None
TN Treasury Notes 1,837,521.88 2.1% None 4,524 11,780
CP Commercial Paper - 0.0% None
BA Bankers Acceptances - 0.0% None
CA Checking/Sweep Account 3,749,606.63 4.3% None 170 462 CUS Custodian Account 37,602.69 0.0%
COH Cash on Hand 8,300.00 0.0% None
Section 115 Trust 6,091,453.31 6.9% None 20,073 39,516
Sub-total 88,165,331.49 100%
Trustee - Bond Funds
Bond Funds - Investments
Total $ 88,165,331.49 68,294 142,257
Maturity of 2 years and under 77,214,493.86 87.6%
Section 115 Trust 6,091,453.31 6.9%
CA Checking/Sweep Account 3,749,606.63 4.3%
CUS Custodian Account 37,602.69
COH Cash on Hand 8,300.00 0.0%
Sub-total 87,101,456.49 98.8%
Maturity from 2-5 years 1,063,875.00 1.2%
Sub-total - Town Funds 88,165,331.49 100%
Bond Funds
Trustee - Bond Funds
Total Portfolio $ 88,165,331.49
TOTAL INVESTMENTS $ 84,369,822.17
CASH/CHECKING/MMA 3,795,509.32

TRUSTEE BOND FUNDS -
88,165,331.49
*Estimate -
Investment Income
For Quarter Ending December 31, 2021

INVESTMENT RECAP

TOWN OF HILLSBOROUGH
DocuSign Envelope ID: A945D4F3-9393-4F81-80B2-01C6D8469CF4 -21-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
3 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT SUMMARY: Pursuant to Government Code Section 5922(a) and the Town’s Interest Rate Mitigation Policy, the quarterly report providing the status of all interest rate products is provided to the City Council for the quarter ended December 31, 2021.

FISCAL IMPACT: There is no fiscal impact associated with the reporting function.

ATTACHMENTS: Interest Rate Products Report for Quarter Ended December 31, 2021 PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Accept the Interest Rate Products Report for the quarter ended December 31, 2021.
-23-
Information furnished by: JP Morgan
New York Client Valuations Tel. No. 302-634-1940
Client [email protected]
Maturity Date 6/1/2007 6/3/2030 6/1/2033 6/1/2035
Trade Date 5/10/2000 8/13/2003 8/13/2003 12/27/2005
Deal ID No. 50000438915 85002621 85002622 20008650/2180955 Notional USD 4,900,000 9,700,000 15,000,000 12,000,000
Current Notional USD N/A 4,600,000 8,300,000 7,730,000
Fixed Amounts (Town):

Payment Dates Monthly on Day 1 12/1 and 6/1 12/1 and 6/1 Monthly on Day 1 starting 7/1/00 starting12/1/03 starting12/1/03 starting 5/1/06 Rate 5.262% 3.75% 3.77% 3.507%
Day Count Fraction 30/360 30/360 30/360 Actual/360
Initial Calculation Period 5/31/00-7/1/00
Floating Amounts (Morgan):

Floating Rate Option Actual Rate (see USD-Floating TBMA- USD-Floating TBMA- USD-LIBOR agreement for more BMA Muni Swap BMA Muni Swap
details) Index Index
Knockout Rate for 7% preceding 180-day 7% preceding 180-day Early Termination period (see agreement period (see agreement for details) for details)
Valuation
Date Total Date Moody's S&P Fitch
9/30/2008 (419,484) (722,615) (550,003) (1,692,102) 10/1/2008 P-1/Aa2 A-1+/AA- F1+/AA-/A+ 12/31/2008 (1,183,644) (2,049,897) (2,444,540) (5,678,081) 1/5/2009 P-1/Aa2 A-1/A+ F1+/AA-/A+ 3/31/2009 (1,149,701) (1,945,955) (2,032,780) (5,128,436) 4/1/2009 P-1/Aa1 A-1+/AA- F1+/AA6/30/2009 (842,134) (1,415,086) (1,104,413) (3,361,633) 7/1/2009 P-1/Aa1 A-1+/AA- F1+/AA9/30/2009 (1,099,229) (1,849,746) (1,346,383) (4,295,358) 10/1/2009 P-1/Aa1 A-1+/AA- F1+/AA12/31/2009 (865,603) (1,451,874) (816,530) (3,134,007) 1/4/2010 P-1/Aa1 A-1+/AA- F1+/AA3/31/2010 (851,408) (1,418,171) (897,357) (3,166,936) 4/1/2010 P-1/Aa1 A-1+/AA- F1+/AA6/30/2010 (1,136,987) (1,922,354) (1,634,350) (4,693,691) 7/1/2010 P-1/Aa1 A-1+/AA- F1+/AA9/30/2010 (1,366,509) (2,331,232) (2,043,047) (5,740,788) 10/4/2010 P-1/Aa1 A-1+/AA- F1+/AA12/31/2010 (974,369) (1,639,800) (1,243,449) (3,857,618) 1/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 3/31/2011 (868,872) (1,468,293) (1,076,946) (3,414,111) 3/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 6/30/2011 (974,847) (1,643,846) (1,285,908) (3,904,602) 7/5/2011 P-1/Aa1 A-1+/AA- F1+/AA 9/30/2011 (1,499,284) (2,636,285) (2,482,117) (6,617,686) 10/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 12/31/2011 (1,533,381) (2,709,039) (2,558,456) (6,800,876) 1/3/2012 P-1/Aa1 A-1/A+ F1+/AA 3/30/2012 (1,401,115) (2,431,019) (2,192,178) (6,024,312) 4/2/2012 P-1/Aa1 A-1/A+ F1+/AA6/29/2012 (1,617,993) (2,847,926) (2,680,723) (7,146,642) 7/2/2012 P-1/Aa3 A-1/A+ F1+/A+ 9/28/2012 (1,641,638) (2,875,433) (2,638,688) (7,155,759) 10/1/2012 P-1/Aa3 A-1/A+ F1/AA12/31/2012 (1,560,712) (2,722,942) (2,485,853) (6,769,507) 1/2/2013 P-1/Aa3 A-1/A+ F1/AA3/31/2013 (1,441,801) (2,506,027) (2,241,870) (6,189,698) 4/1/2013 P-1/Aa3 A-1/A+ F1/AA6/28/2013 (1,130,119) (1,943,435) (1,713,673) (4,787,227) 7/1/2013 P-1/Aa3 A-1/A+ F1/A+ 9/30/2013 (1,115,945) (1,920,828) (1,590,210) (4,626,983) 10/1/2013 P-1/Aa3 A-1/A+ F1/A+ 12/31/2013 (998,553) (1,708,818) (1,347,641) (4,055,012) 1/6/2014 P-1/Aa3 A-1/A+ F1/A+ 3/31/2014 (1,038,033) (1,810,668) (1,542,884) (4,391,585) 4/1/2014 P-1/Aa3 A-1/A+ F1/A+ 6/30/2014 (1,088,865) (1,918,485) (1,713,422) (4,720,772) 7/1/2014 P-1/Aa3 A-1/A+ F1/A+ 9/30/2014 (1,055,693) (1,889,773) (1,715,618) (4,661,084) 10/6/2014 P-1/Aa3 A-1/A+ F1/A+ 12/31/2014 (1,192,349) (2,188,502) (2,020,105) (5,400,956) 1/5/2014 P-1/Aa3 A-1/A+ F1/A+ 3/31/2015 (1,293,713) (2,406,256) (2,214,513) (5,914,482) 4/2/2015 P-1/Aa3 A-1/A+ F1/A+ 6/30/2015 (1,141,959) (2,082,368) (1,863,238) (5,087,565) 7/1/2015 P-2/A3 A-1/A F1/A+ 9/30/2015 (1,273,319) (2,358,476) (2,118,522) (5,750,317) 10/1/2015 P-2/A3 A-1/A F1/A+ 12/31/2015 (1,186,503) (2,219,563) (1,980,147) (5,386,214) 1/4/2016 P-2/A3 A-2/A- F1/A+ 3/312016 (1,405,646) (2,653,147) (2,341,019) (6,399,812) 4/1/2016 P-2/A3 A-2/A- F1/A+ 6/30/2016 (1,379,543) (2,660,832) (2,487,101) (6,527,477) 7/5/2016 P-2/A3 A-2/A- F1/A+ 9/30/2016 (1,286,228) (2,527,200) (2,410,562) (6,223,990) 10/3/2016 P-2/A3 A-2/A- F1/A+ 12/31/2016 (930,745) (1,806,589) (1,725,426) (4,462,760) 1/3/2017 P-2/A3 A-2/A- F1/A+ 3/31/2017 (865,259) (1,690,939) (1,644,055) (4,200,253) 4/3/2017 P-2/A3 A-2/A- F1/A+ 6/30/2017 (891,617) (1,757,121) (1,671,834) (4,320,571) 7/3/2017 P-2/A3 A-2/A- F1/A+ 9/30/2017 (860,037) (1,809,408) (1,659,192) (4,328,637) 10/2/2017 P-2/A3 A-2/A- F1/A+ 12/31/2017 (778,522) (1,567,891) (1,527,751) (3,874,165) 1/3/2018 P-2/A3 A-2/A- F1/A+ Present Value (USD)
JPMCB Credit Rating
Town of Hillsborough
Interest Rate Products Report
Quarter Ending December 31, 2021

COUNTERPARTY'S INFORMATION
-24-
Maturity Date 6/1/2007 6/3/2030 6/1/2033 6/1/2035
Trade Date 5/10/2000 8/13/2003 8/13/2003 12/27/2005
Deal ID No. 50000438915 85002621 85002622 20008650/2180955 Notional USD 4,900,000 9,700,000 15,000,000 12,000,000
Current Notional USD N/A 4,600,000 8,300,000 7,730,000
Fixed Amounts (Town):

COUNTERPARTY'S INFORMATION
3/31/2018 (633,638) (1,286,851) (1,278,149) (3,198,638) 3/30/2018 P-2/A3 A-2/A- F1/A+ 6/30/2018 (595,088) (1,216,696) (1,163,294) (2,975,078) 7/2/2018 P-2/A3 A-2/A- F1+/AA9/30/2018 (534,733) (1,097,489) (1,043,198) (2,675,421) 12/2/2018 P-1/Aa2 A-1/A+ F1+/AA 12/31/2018 (625,075) (1,288,104) (1,221,955) (3,135,134) 1/2/2019 P-1/Aa2 A-1/A+ F1+/AA 3/31/2019 (677,905) (1,411,321) (1,351,819) (3,441,045) 4/2/2019 P-1/Aa2 A-1/A+ F1+/AA6/30/2019 (786,325) (1,650,809) (1,572,150) (4,009,284) 6/24/2019 P-1/Aa2 A-1/A+ F1+/AA 9/30/2019 (822,552) (1,771,411) (1,756,193) (4,350,156) 10/1/2019 P-1/Aa2 A-1/A+ F1+/AA 12/31/2019 (736,930) (1,578,670) (1,544,468) (3,860,067) 1/3/2020 P-1/Aa2 A-1/A+ F1+/AA 3/31/2020 (949,787) (2,103,166) (2,137,806) (5,190,759) 4/1/2020 P-1/Aa2 A-1/A+ F1+/AA 6/30/2020 (972,119) (2,149,787) (2,150,373) (5,272,279) 7/1/2020 P-1/Aa2 A-1/A+ F1+/AA 9/30/2020 (927,793) (2,058,093) (2,060,692) (5,046,578) 10/1/2020 P-1/Aa2 A-1/A+ F1+/AA 12/31/2020 (859,895) (1,903,968) (1,897,991) (4,661,854) 1/4/2021 P-1/Aa2 A-1/A+ F1+/AA 3/31/2021 (715,854) (1,549,271) (1,495,600) (3,760,725) 4/2/2021 P-1/Aa2 A-1/A+ F1+/AA 6/30/2021 (714,358) (1,607,392) (1,586,446) (3,908,196) 7/5/2021 P-1/Aa2 A-1/A+ F1+/AA 9/30/2021 (665,758) (1,506,012) (1,516,300) (3,688,070) 10/4/2021 P-1/Aa2 A-1/A+ F1+/AA 12/31/2021 (576,756) (1,339,484) (1,414,612) (3,330,851) 1/3/2022 P-1/Aa2 A-1/A+ F1+/AA Valuations set forth herein are numerically expressed in accordance with the following convention: a positive value indicates that JPMorgan is out-of-the-money, which means that if the relevant transactions were to be terminated at the valuations set forth herein, there would be a payment from JPMorgan to Town; likewise a negative value indicates that Town is out-of-the-money, which means if the relevant transactions were to be terminated, there would be a payment from Town to JPMorgan. -25-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
4 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: ORDINANCE AUTHORIZING THE RATES EFFECTIVE FOR JANUARY 2022

FOR THE SOLID WASTE CHARGES - ADOPTION
SUMMARY: The Town undertook a solid waste rate study to review and determine the rates necessary to fund the revenue requirement in its solid waste system starting on January 1, 2022.

The study focused on the funding necessary for the provision of solid waste, composting, and recycling services to customers. The study was conducted by an independent consultant, HF&H Consultants, Inc. Based on HF&H’s Solid Waste Rate Study Report, it has been determined that solid waste rate adjustments and increases are necessary for the Town’s solid waste service charges in order for revenues to align with funding needs including:

1. Aligning the rates (based on size of cart) with the projected cost-of-service: The cart charges are reflecting the actual cost of service for each service level (20-gallon cart, 32-gallon cart, etc.).

2. Covering the projected costs for implementing Senate Bill 1383 Reducing Short-Lived Climate Pollutants in California. SB 1383 passed in 2016 as part of California’s larger strategy to combat climate change. The law was designed to reduce global warming super pollutants like methane, which is up to 84 times more potent than carbon dioxide. Landfills are one of the largest producers of methane in the state. When organic material breaks down in the landfill methane is generated.

There will be a move away from landfilling organic waste (like food, paper, and yard waste). The Town is partnering with SBWMA, Recology, and San Mateo County to implement the SB 1383 requirements.

3. Covering the projected costs for franchise services and pass-thru tipping fees. The Recology franchise agreement increases based on contractually agreed upon indices. The disposal and processing fees (tip fees) are based on contracts for these services.

The rate increases have been reviewed and presented at public meetings held in August, September, October, and December 2021. The adoption of any new or increases in any existing solid waste charges are subject to the public hearing, notice and majority protest requirements of article XIII D, section 6 of the California constitution (“Proposition 218”). The City Council at its September 13, 2021 City Council approved the mailing of Proposition 218 notices in connection with the procedures the Town will follow for providing the notice and receiving and tabulating written protest to any property-related fees and charges it is proposing to consider adopting. In accordance with Proposition 218, the Town mailed a notice of a public hearing to be held on December 13, 2021, to consider the adoption of proposed increases to its solid waste charges.

The notice was mailed to property owners and account holders directly responsible for the payment of solid waste charges. The Town held the public hearing to consider the proposed solid -27-
Agenda Staff Report - Hillsborough City Council
January 10, 2022

Page 2 ends

waste charges on December 13, 2021, and at the conclusion of the public hearing, information on the number of written protests to the proposed rates received by the Town was announced by the City Clerk. The City Clerk advised that written protests against the proposed rates were not received by a majority of the property owners or tenants of the identified parcels subject to the proposed charges.

Initiative No. 21-0026
On October 1, 2021, an initiative to amend the California constitution was submitted to the Attorney General’s office. If adopted, this initiative would amend portions of the constitution added by Propositions 26 and 218, with portions of the initiative applying retroactively to October 1, 2021.

The Town has traditionally adopted solid waste rates by resolution, and the Initiative would require rates adopted on or after October 1, 2021, to be adopted by ordinance. If adopted, the ordinance would require that the Town come into compliance within 12 months of the Initiative’s effective date, which would likely be some time after November of 2022.

In an abundance of caution, the City Council was presented with both a resolution and an ordinance at the December 13, 2021 meeting. The City Council adopted Resolution No. 21-109 authorizing the solid waste rates, effective immediately for implementation on January 1, 2021.

The City Council introduced the ordinance that also adopts the solid waste rates, in conformance with the Initiative, but would only take effect in the event the Initiative is approved by the California voters in November of 2022. After the close of the public hearing on December 13, 2021, the City Council introduced and waived a full reading of the ordinance. If appropriate, at the January 10, 2022 City Council meeting, the City Council will adopt the ordinance adopting the rates. If adopted, the ordinance will become effective 30 days after its final passage.

FISCAL IMPACT: Revenues are expected to increase by approximately 4.3% for the calendar year 2022.

ENVIRONMENTAL ISSUES: In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the increases in the solid waste service charges are exempt from CEQA pursuant to Section 15378 and Section 15273 of the CEQA Guidelines and Public Resources Code Section 21080(b0(8) because (i) the increase charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services and (ii) the charges constitute the creation of a funding mechanism/other governmental fiscal activity which does not involve any commitment to any specific project that may result in potential significant physical impact on the environment.

ATTACHMENTS: Ordinance
PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Adopt the ordinance entitled “Ordinance of the City Council of the Town of Hillsborough Authorizing the Rates Effective for January 2022 for the Solid Waste Charges.” -28-
61236.02000\34574550.1
ORDINANCE NO. ___

ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AUTHORIZING THE RATES EFFECTIVE FOR JANUARY 2022 FOR THE SOLID

WASTE CHARGES
WHEREAS, the Town of Hillsborough (the “Town”) provides solid waste service to properties within the Town’s service area, and is authorized under Health and Safety Code section 5471 et seq. as well as other applicable law to impose fees and charges for such service; and
WHEREAS, the Town retained an independent consultant to conduct a cost-of-service analysis and rate study for the Town’s solid waste service, and based on such analysis and study, the Town has determined that it is necessary to adjust and increase the rates for solid waste charges within the Town, effective January 1, 2022; and WHEREAS, the revenues derived from the solid waste charges will not exceed the funds required to provide the services and shall be used exclusively for the operation and maintenance of the solid waste system; and
WHEREAS, the solid waste services are equitable to all customer classes; and WHEREAS, the amount of the solid waste charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, article XIII D, section 6 of the California Constitution (“Article XIII D”) requires that prior to imposing any increase to the solid waste charges, the Town shall provide written notice (the “Notice”) by mail of the new or increased solid waste charges to the record owner of each parcel upon which the solid waste charges are proposed for imposition and any tenant directly liable for payment of the solid waste charges, the amount of the solid waste charges proposed to be imposed on each parcel, the basis upon which the solid waste charges were calculated, the reason for the solid waste charges, and the date, time, and location of a public hearing (the “Hearing”) on the proposed solid waste charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the solid waste charges not less than forty-five days prior to the Hearing on the proposed solid waste charges; and
WHEREAS, the Town did provide such Notice to the affected property owners and tenants in compliance with Article XIII D; and
WHEREAS, on December 13, 2021, the City Council conducted a public hearing in accordance with Proposition 218 and determined that a majority protest did not exist, and that the proposed solid waste rates could be implemented; and
-29-
WHEREAS, the City Council wishes to adopt the maximum rates for the solid waste charges effective January 1, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH DOES ORDAIN AS FOLLOWS:

Section 1. The City Council of the Town of Hillsborough hereby adopts the solid waste rates as outlined in Tables One, Two and Three.

Table One. Residential Monthly Solid Waste Rates Effective January 1, 2022 Flat fee per Parcel1 $27.50
Service Level2
20-Gallon Cart $23.55
32-Gallon Cart $31.90
64-Gallon Cart $52.86
96-Gallon Cart $77.15
Extra Organics Cart $23.42
1 Billed annually on the tax roll
2 Billed quarterly by Recology based on solid waste cart size. Rates include weekly service of solid waste container, recycling container, and organics container. 32 64 96 1 2 3 6
1 /week $49.85 $54.33 $66.28 $127.62 $242.32 $386.48 $966.29 2 /week $80.33 $104.22 $132.78 $236.27 $465.67 $754.00 $1,913.62 3 /week $106.33 $142.17 $185.01 $344.93 $689.02 $1,121.52 $2,860.95 4 /week $132.33 $180.11 $237.23 $453.58 $912.38 $1,489.03 $3,808.28 5 /week $158.32 $218.06 $289.46 $562.24 $1,135.73 $1,856.55 $4,755.61 6 /week $184.32 $256.00 $341.69 $670.89 $1,359.09 $2,224.07 $5,702.94 Additional Containers
1 /week $7.77 $12.26 $24.29 $91.31 $207.02 $352.20 $936.06 2 /week $38.26 $104.22 $132.78 $226.90 $456.30 $744.63 $1,904.25 3 /week $64.26 $142.17 $185.01 $326.19 $670.29 $1,102.78 $2,842.21 4 /week $90.25 $180.11 $237.23 $425.48 $884.28 $1,460.93 $3,780.18 5 /week $116.25 $218.06 $289.46 $524.76 $1,098.26 $1,819.08 $4,718.14 6 /week $142.25 $256.00 $341.69 $624.05 $1,312.25 $2,177.23 $5,656.10 Table Two. Monthly Commercial Solid Waste Rates Effective January 1, 2022 Cart Size (Gallons) Bin Size (Cubic Yards)
Frequency
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32 64 96 1 2 3 6
1 /week $24.92 $27.16 $33.14 $63.81 $121.16 $193.24 $483.15 2 /week $40.16 $52.11 $66.39 $118.14 $232.84 $377.00 $956.81 3 /week $53.16 $71.08 $92.50 $172.46 $344.51 $560.76 $1,430.47 4 /week $66.16 $90.06 $118.62 $226.79 $456.19 $744.52 $1,904.14 5 /week $79.16 $109.03 $144.73 $281.12 $567.87 $928.27 $2,377.80 6 /week $92.16 $128.00 $170.84 $335.45 $679.54 $1,112.03 $2,851.47 Additional Containers
1 /week $3.88 $6.13 $12.14 $45.66 $103.51 $176.10 $468.03 2 /week $19.13 $52.11 $66.39 $113.45 $228.15 $372.32 $952.13 3 /week $32.13 $71.08 $92.50 $163.10 $335.14 $551.39 $1,421.11 4 /week $45.13 $90.06 $118.62 $212.74 $442.14 $730.46 $1,890.09 5 /week $58.13 $109.03 $144.73 $262.38 $549.13 $909.54 $2,359.07 6 /week $71.13 $128.00 $170.84 $312.03 $656.12 $1,088.61 $2,828.05 Table Three. Monthly Commercial Organics Rates Effective January 1, 2022 Cart Size (Gallons) Bin Size (Cubic Yards)
Frequency
Section 2. The solid waste rates are “Exempt Charges” within the meaning of article XIII C, section 1 of the California constitution, as amended, because they are fees or charges subject to Article XIII D.

Section 3. The City Manager is hereby authorized and directed to take all action necessary to implement and collect the solid waste charges as set forth herein.

Section 4. To the extent any solid waste charges established by this Resolution are inconsistent with any solid waste charges previously adopted, it is the explicit intention of the City Council that the rates set forth in this Resolution shall prevail.

Section 5. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the Town of Hillsborough, California, and cause a summary to be published once within fifteen (15) days after its adoption in accordance with Government Code section 36933.

Section 6. This Ordinance shall take effect only upon the passage of a law that would require the solid waste rates contained herein to be approved by the City Council by ordinance.
________________________________
Mayor of the Town of Hillsborough
___________________________
Attest: City Clerk
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ORDINANCE NO. ___ of the Town of Hillsborough introduced on December 13, 2021, and adopted on ____________, by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
5 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF HILLSBOROUGH AND THE TEAMSTERS LOCAL 856 - PUBLIC WORKS AND CLERICAL

UNIT EMPLOYEES
SUMMARY: The Town has completed negotiations for a successor Memorandum of Understanding (MOU) with the Public Works and Clerical Unit, represented by the Teamsters Local 856 union. The MOU provides a wage and benefit structure for the next three years. Some of the benefits include compensation adjustments, an increase to incentive pay, modification to cash in lieu of health insurance, increased wellness benefits, and an increase to the Retirement Health Savings benefit. A copy of the redlined MOU is available in Attachment 2 to this report, and also includes clarification language for current processes.

FISCAL IMPACT: The estimated fiscal impact is $10,120, which can be accommodated in the current budget.

ATTACHMENTS:

1. Resolution

2. Memorandum of Understanding (redline)
PREPARED BY: Kristin Armbruster, Human Resources Manager RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute the Memorandum of Understanding between the Town of Hillsborough and the Teamsters Local 856 – Public Works and Clerical unit.
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RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
HILLSBOROUGH AND TEAMSTERS LOCAL 856 – PUBLIC WORKS AND

CLERICAL UNIT
WHEREAS, the Town of Hillsborough (“Town”) has recognized Teamsters Local 856 (“Union”) as the representative for employees in the Public Works and Clerical unit; and
WHEREAS, the Town has completed bargaining in good faith with the Union resulting in a 3-year Memorandum of Understanding, which outlines salary and benefit changes; and
WHEREAS, the Town desires to provide a competitive compensation package to the employees of the Public Works and Clerical unit.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough does hereby approve and authorize the City Manager to execute the Memorandum of Understanding between the Town and Teamsters Local 856 - Public Works and Clerical Unit.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 10th day of January 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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ATTACHMENT 1

MEMORANDUM OF UNDERSTANDING

TOWN OF HILLSBOROUGH
AND
TEAMSTERS UNION LOCAL NO. 856 I.B.T.

Public Works and Clerical Unit
January 1, 2018 2022 – December 31, 20241
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ATTACHMENT 2

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Public Works and Clerical Employees Unit
Memorandum of Understanding 20182022-20212024
Table of Contents
Section Subject Page
I. GENERAL

1. Bargaining Unit 4

2. Management Rights 4

3. Union Rights 5

4. Agency Shop 5

5. Union Representatives 8

6. Personnel Files 9

7. Separability 9

8. Maintenance of Benefits 9

9. Sole and Entire Agreement 9

10. No Discrimination 9

11. New Work 9

II. COMPENSATION

12. Salary 10

13. Overtime 11

14. Compensatory Time 11

15. Call Back Pay 12

16. On-Call Shifts 12

17. On-Call Vehicle 12

18. Stand-By Pay 13

19. Rest Periods 13

20. Uniforms 14

21. Out-of-Class Pay 14

22. Incentive Pay 14

23. Public Works Inspector Training 16
III. BENEFITS

24. Health Insurance 17

25. Retiree Medical Savings Account 17

26. Post Retirement Payments 18

27. Disability Income Protection 18

28. Dental and Orthodontia Plan 18

29. Vision Plan 19

30. Life Insurance 19

31. Retirement 19

32. Wellness 20

33. Military and Spousal Military Leave 20
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34. Leave of Absence without Pay 20

35. Jury Duty 20

36. Sick Leave 20

37. Death or Critical Illness Leave 22

38. Industrial Disability Leave 22

39. Family Medical Leave 22

40. Short Term Disability 23

41. Vacation 24

42. Vacation Buy-Back 25

43. Holidays 25

44. Tuition Reimbursement 26
IV. EMPLOYMENT

45. Notification of Examination Rights and Review of Papers 27

46. Probation 27

47. Attendance 27

48. Hours of Work 27

49. Discipline 28

50. Grievance 29

51. Letters of Reprimand 31

52. No Strike Clause 31

53. Safety 31

54. Layoff 32

55. Reinstatement 32
V. TERM 32
Appendix A – Salary Schedule 33

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The Memorandum of Understanding (“MOU”) between the
Town of Hillsborough (“Town”) and Teamsters Union Local No. 856, I.B.T. (“Union”) representing the Public Works and Clerical Employees Unit for the period of January 1, 2018 2022 through December 31, 2021 2024 shall read as follows:

I. GENERAL

1. Bargaining Unit
The bargaining units covered by this MOU shall include all allocated positions of:

Clerical Unit
 Accounting Technician
 Senior Accounting Technician
 Service Clerk I/II
 Administrative Assistant
 Sr. Bldg. Inspector/Plan Checker
 Building and Planning Support Technician
 Permit Technician
Maintenance Unit
 Building Inspector I/II
 Facilities Lead Worker
 Maintenance Worker I/II
 Maintenance Lead Worker
 Public Works Inspector I/II
 Water Quality Technician

2. Management Rights
Except as modified by this MOU, it is understood and agreed that the Town retains all of its rights, power and authority to direct, manage and control the Town to the full extent of the law. The exercise of powers, rights, authority, duties and responsibilities by the Town, the adoption of policies, rules, regulations and practices in furtherance thereof, the use of judgment and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this MOU and then only to the extent such specific and express terms are in conformance with the law.

Any of the rights, powers, authority and functions that the Town possessed prior to the execution of this MOU are retained by the Town except as specifically limited by this MOU.
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Nothing in this section shall be construed to excuse the Town from its obligation to meet and confer with the Union regarding any subject or matter not set forth in this section where required to do so by statute.

3. Union Rights
Communications with Employees
The Union shall be provided suitable space on a bulletin board at the work location for posting notices concerning official Union business.

The Town shall post the Memorandum of Understanding between the Town and Teamsters Local 856 on the Town’s website.

New Employee Orientation
The Town shall provide the Union access to its new employee orientation onboarding process, in which all employees new to the bargaining unit are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matters. The Union representative shall be provided at least 30 minutes to meet with the employee during this process. The Union shall receive not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable.

Advance Notice
Except in cases of emergency as provided below in this subsection, the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the Town and shall be given the opportunity to meet and confer with the appropriate management representatives prior to adoption.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the Town may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter, the Union shall be provided with the notice described in the preceding paragraph and be given the opportunity to meet and confer with the appropriate management representatives. As used herein, “emergency” shall mean any situation in which proper management of the Town requires immediate action, or in which immediate action is necessary for the preservation of life or property.

List of Unit Employees
The Town shall furnish the Union with the names, initial current rate of pay, ; classifications; department; work location, work, home and personal cellular numbers; work and personal email addresses and home address that are on file with the Town.

The Town shall notify the Union of the and dates of hire of each new, transferred or promoted employees appointed to a position covered by this memorandum. newly assigned to the unit and employees leaving the unit. Notice shall be provided to the Union within thirty (30) calendar days of hire, or by the first pay period of the month -39-

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following hire. The Town shall notify the Union when an employee leaves the unit. The Town shall provide the Union with the above information for all employees in the bargaining unit every 120 days. current rates of pay for all employees in the bargaining unit once per year.

4. Agency ShopPayroll Deduction
The Town will make its reasonable and customary efforts to ensure that the entity processing Town payroll processes the payment obligations in the usual and customary manner and time frames.

The Town shall withhold Union dues from the salary of an employee and remit withholdings to the Union, provided that the Union certifies in writing to the Town that the Union has and will maintain each employee’s authorization for such deductions.

Leave without Pay/Temporary Assignment out of the Unit – Employees on an unpaid leave of absence or temporarily assigned out of the unit covered by this agreement for an entire pay period or more shall have Union dues suspended for the period of the leave or temporary assignment only and such an employee shall have Union dues reinstated upon return.

Definition – Agency Shop as used in this Section means an organizational security agreement as defined in Government Code Section 3502.5 and applicable law.

Agency Fee
Each employee in the Unit shall be required to choose to:
 Become a member in good standing of the Union; or
 Satisfy the agency fee financial obligations set forth below, unless he/she qualifies for the religious exemption set forth below. New employees must make the required choice within 30 days of employment in the Unit.

Unless the employee has:
 Voluntarily submitted to the Town an effective dues deduction request;  Notified the Union of his/her intent to pay an agency fee (full fee or reduced because objections filed), as evidenced by written notice of same from the Union to the Town; or
 Qualified for exemption upon religious grounds as provided below, the Town, upon notice from the Union of the employee’s failure to make a timely choice, shall process a mandatory agency fee payroll deduction in the appropriate amount and forward that amount to the Union.

The amount of the fee to be charge shall be determined by the Union subject to applicable law; and shall therefore be an amount not to exceed the normal periodic membership dues and general assessments applicable to Union members. -40-

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As to non-members objecting to the Union spending their agency fee on matters unrelated to collective bargaining and contract administration, the amount of the agency shop fee shall not reflect expenditures which have been determined by law to be nonchargeable, including political contributions to candidates and parties, member-only benefits, charitable contributions and ideological expenditures and, to the extent prohibited by law, shall not reflect expenditures for certain aspects of lobbying, ballot measures, publications, organizing and litigation.

An agency shop arrangement shall not apply to management, confidential, or supervisory employees.

Conformance with Law – The Union represents that the collection, administration and use of agency fee funds shall be in conformance with the law. In addition, the Union shall comply with applicable law regarding disclosure of its expenses, notice to employees of their right to object, provision for agency shop fee payers to challenge the Union’s determinations of amounts chargeable to objecting non-members, and appropriate escrow provisions to hold contested amounts while the challenges are underway. A copy of such disclosure, notice and provisions shall be made available by the Union upon request to agency fee-payer bargaining unit employees and to the Town.

The Union shall make available, at its expense, an expeditious administrative appeals procedure to Unit employees who object to the payment of any portion of the representation service fee. Such procedure shall provide for a prompt decision to be made by an impartial decision-maker jointly selected by the Union and the objecting employee(s). A copy of such procedure shall be made available by the Union upon request to agency-fee payer bargaining unit employees and to the Town.

The foregoing description of permissible agency shop fee charges and related procedures is included here for informational purpose and is not intended to change applicable law. The Town will make its reasonable and customary efforts to ensure that the entity processing Town payroll promptly remits to the Union all monies deducted, accompanied by a list of employees for whom such deductions have been made.

Employee Notification – Each non-member who is required to pay an agency fee shall annually receive written notification from the Union of the amount of the deduction and the procedure which he/she must follow to receive a rebate for non-representation activities during the year and the procedure for appealing all or any part of the agency fee. The Town shall be sent a copy of this yearly notice.

The Town will make a reasonable effort to distribute to each new employee in the Unit, a letter supplied by the Union which describes the Agency fee obligation.

Religious Exemption – Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting -41-

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recognized employee organizations shall not be required to join or financially support any recognized employee organization as a condition of employment. That employee will be required, in lieu of periodic dues, initiation fees or agency shop fees to pay sums equal to those dues, initiation fees or agency shop fees to one of the following nonreligious, non-labor charitable organization fund exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code, chosen by the employee: American Red Cross, American Cancer Society or Big Brothers/Big Sisters. Proof of those payments shall be made on a monthly basis to the Town and the Union as a condition of continued exemption from the requirement of financial support to the recognized employee organizations.

To qualify for the religious exemption the employee must provide to the Union, with a copy to the Town, a written statement of objection, along with verifiable evidence of membership as described above. The Town will implement the change in status within thirty (30) days unless notified by the Union that the religious exemption is not valid.

Provision of Information – The Union shall keep an adequate itemized record of its financial transactions and shall make available annually, to the Town with which the agency shop provision was negotiated, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. Provision to the Town of financial reports under the federal Labor-Management Disclosure Act of 1959 required to be filed by the Union, if any, or financial reports required to be filed under Government Code Section 3546.5, if any, may satisfy the financial reporting requirements of this section.

Leave without Pay/Temporary Assignment out of the Unit – Employees on an unpaid leave of absence or temporarily assigned out of the unit covered by this agency shop agreement for an entire pay period or more shall have agency shop fees suspended for the period of the leave or temporary assignment only and such an employee shall have agency shop fees reinstated upon return. Fee deductions shall have the same priority as due deductions in the current hierarchy for partially compensated pay periods.

Rescission of Agency Shop – An agency shop provision may be rescinded pursuant to the provisions contained in Government Code Section 3502.5(d). Rescission elections shall be conducted by the State Mediation and Conciliation Service using procedures utilized for implementation elections, e.g. secret ballot, limitation on voting period, posting of notices, limits on employer communications, etc. The Town shall bear all costs of conducting rescission elections.

Dues/Fee Deductions – The Town will make its reasonable and customary efforts to ensure that the entity processing Town payroll processes the above described payment obligations in the usual and customary manner and time frames. -42-

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Indemnifications/Hold Harmless Clause – The Union agrees to fully indemnify, defend and hold harmless the Town and its officers, employees and agents against any and all claims, proceedings, settlements and/or liability regarding the legality of this Section or any action taken or not taken by or on behalf of the Town under this Section.

Maintenance of Membership – All unit employees who on the effective date of this MOU are members in good standing and all members who thereafter voluntarily become members of the Union shall maintain their membership in the Union, in good standing during the term of this MOU, subject however, to the right to resign from membership and move to agency fee payer status during the month of October of each calendar year.

5. Union Representatives
Union representatives may visit work locations where bargaining unit members are performing work provided, however, they shall not interfere with the normal conduct of work or duties of the employees as determined by the City Manager. The Union representative shall first advise the City Manager or his or her designated representative of his or her presence on the premises before contacting any employee covered by this MOU.

Activities such as the soliciting of membership, collection of dues, holding membership meetings, campaigning for office, conducting elections and distributing literature are strictly prohibited during working hours without the prior approval of the City Manager or his or her representative.

Except for the purpose of meeting and conferring for a new MOU, only one on-duty unit member designated as a steward shall be permitted to represent unit members or otherwise engage in activities on behalf of the unit at any time.

In the event the Town believes that the Union representatives are abusing the provisions of this Section, it shall contact the Union in writing to arrange a mutually acceptable time and place to investigate the Town’s complaint and to assure full compliance by the Union representative.

6. Personnel Files
An employee, or on presentation of written authorization from the employee an employee’s representative, shall have specific access to the employee’s personnel file upon request and reasonable convenience of the City Manager’s Office.

Documentation in the personnel file relating to the investigation of a possible criminal offense, background information on the employee and letters of reference may be specifically excluded from the inspection and review by the employee and/or the employee’s representative. Information which would be privileged under State law pursuant to the attorney-client privilege or the work product doctrine may also be excluded. Personnel files may only be reviewed in the presence of a designated employee of the City Manager’s Office. The Town will provide employees with copies of -43-

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their personnel evaluations and warning letters, if any. Upon request, the employee may at his or her expense copy those portions of his or her personnel file not specifically excluded from review by this section.

7. Separability
If any section of the MOU should be found invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this MOU shall remain in full force and effect for the duration of the MOU. In the event of invalidation of any article or section, the Town and the Union agree to meet within 30 days for the purpose of renegotiating said article or section.

8. Maintenance of Benefits
All rights, privileges and terms and conditions of employment in full force and effect prior to this MOU and not in conflict herewith shall become a part hereby and remain until thereby mutually modified by the parties hereto.

9. Sole and Entire Agreement
The parties acknowledge that during the negotiations which resulted in this MOU each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from this area of meeting and conferring, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU. Except as provided below, for the life of this MOU each party voluntarily and unqualifiedly waives the right to, and each agrees that the other shall not be obligated to, meet and confer with respect to any subject or matter referred to or covered by this MOU.

10. No Discrimination
There shall be no discrimination by either Union or Town on any basis prohibited by State or Federal law or on account of any legitimate Union activity.

11. New Work
The Town agrees to meet and confer if required by State statutory or case law concerning the impact of new equipment or machinery on the bargaining unit.

II. COMPENSATION

12. Salary
o Effective the first full pay period in January 20182022, the salaries of bargaining unit employees shall be increased by 3.25%.
o Effective the first full pay period in January 20192023, the salaries of bargaining unit employees shall be increased by 3.75%.
o Effective the first full pay period in January 20202024, the salaries of bargaining unit employees shall be increased by 3.75%.
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o Effective the first full pay period in January 2021, the salaries of bargaining unit employees shall be increased by 3%.

The relationships between classes in a series will be maintained as follows:

Accounting Technician Series
 Senior Accounting Technician – Steps D and E shall be 5% and 10% respectively above Step E Accounting Technician
Maintenance Worker Classes:
 Maintenance Worker I – Steps A and B shall be 10% and 5% respectively below Step A Maintenance Worker II
 Maintenance Leadworker – Step E will be 18% above Maintenance Worker II Step E
 Public Works Inspector – Step E will be 18% above Maintenance Worker II Step E
 Water Quality Technician – Step E will be 18% above Maintenance Worker II Step E
 Facilities Leadworker – Step E will be 5% above Maintenance Leadworker Step E
Clerical Classes:
 Service Clerk I – Steps A and B shall be 10% and 5% respectively below Step A Service Clerk II
 Service Clerk II – Step E will be 8.5% below Administrative Assistant Step E  Building and Planning Support Technician – Step E will be 9.7% more than Administrative Assistant Step E.

Building Inspector Classes:
 Building Inspector I – Steps A and B shall be 10% and 5% respectively below Step A Building Inspector II
New employees will be appointed at Step A. With the approval of the City Manager, Department Heads can recommend that candidates be appointed to a position at any step within the range.

Upon the employee’s successful completion of the probationary period, the Department Head shall recommend to the City Manager the advancement of the employee’s salary to Step B. Every 12 months thereafter following a performance evaluation, the Department Head shall make a recommendation regarding the employee’s advancement to the next step in the salary range.

In recognition of an exemplary performance evaluation, a Department Head can recommend that an employee’s salary be adjusted to the next step in the range at any time.
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Upon the Department Head’s recommendation, employees who have served two years in an entry-level “I” position, and who receive average or above average evaluations shall be reclassified to a journey-level “II” classification.

13. Overtime
Hours worked in addition to an employee’s regularly scheduled shift of eight hours or more shall be compensated at an overtime rate of one and one-half hours times the employee’s base rate for each hour worked (e.g.: If an employee is normally scheduled to work eight hours in a day, the ninth hour will be paid at the overtime rate; if an employee is scheduled to work nine hours, the tenth hour will be paid at the overtime rate, etc.). The employee can choose to receive overtime as compensation or as compensatory time off (CTO).

All members who work in excess of eighty (80) hours in a two (2) week work period shall also be eligible for overtime for each hour worked in excess of eighty.

Overtime work which becomes available at the end of an employee’s regularly scheduled shift on the identifiable project on which the employee is working shall be offered first to that employee.

14. Compensatory Time Off
The maximum amount of CTO that may be accrued is one hundred (100) hours. An employee who has reached the limit shall be paid overtime compensation in cash for any additional overtime worked.

If the POA maximum amount of compensatory time off (currently 100 hours) increases, then the maximum amount of compensatory time off for this bargaining unit will be modified to match the maximum amount of compensatory time off that the POA can accumulate. This provision will sunset on December 31, 2021.

15. Call Back Pay
Compensation for a call back shall be earned at a minimum of two (2) hours and shall be compensated either in pay or compensatory time at the overtime rate. In addition to the two (2) hour minimum call back compensation, employees will receive travel time and mileage as follows:

Employees that live more than 20 miles from the corporation yard:
 Shall be paid sixty (60) minutes travel time to work
 Shall receive $20 in lieu of mileage
Employees that live 20 miles or less from the corporation yard:
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 Shall be paid thirty (30) minutes travel time to work  Shall receive $10 in lieu of mileage
No compensation will be given for travel time away from work.

In an emergency where property may be damaged or there is a danger to public health or safety, the Town may call any employee to report back to work.

16. On-Call Shifts (This section applies only to the Maintenance Unit) Employees assigned to weekend or holiday on-call shifts shall be compensated for six (6) hours at the overtime rate. On-call shifts require that at minimum, an employee report to work to complete a check of the Town’s water pressure systems, check Vista Park and other work assigned by the Director. The employee will then be free to leave the Town’s worksites and will serve as the primary person to receive return-to-work calls throughout the day. While serving an on-call shift, employees must return to work within sixty (60) minutes of the call-back. Additional call backs will be administered per Section

15. The On-Call policy in place at the time of the adoption of the MOU shall remain in place for the term of the MOU unless the parties mutually agree to modifications. The On-Call policy shall include providing assigned employees to the On-Call Shift a Town provided cell phone.

For each scheduled on call shift, employees that live more than 20 miles from the corporation yard shall receive $20 in lieu of mileage. If an employee lives in a location that requires them to cross a toll bridge, the employee will receive $25 in lieu of mileage and tolls.

For each scheduled on call shift, employees that live 20 miles or less from the corporation yard will receive $10 in lieu of mileage.

17. On-Call Vehicle (This section applies only to the Maintenance Unit) Employees who respond to a call will pick up the marked utility truck, which includes the necessary equipment to operate the Town provided cell phone hands free, at the Municipal Services Center.

The Town reserves its right to assign equipment and vehicles.

18. Stand-By Pay (This section applies only to the Maintenance Unit) Employees designated by the Director of Public Works to serve in a stand-by status for a twenty-four hour period starting at the completion of their regular work day shall receive two (2) hours of straight time in either cash or compensatory time off (at the employee’s option), at a rate equal to the employee’s base rate. -47-

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Employees assigned to stand-by duty will be provided Town issued cell phones and appropriate equipment that will allow for hands free use.

Employees who serve in stand-by status on Saturday or Sunday shall be compensated for three (3) hours of straight time in either cash or compensatory time off at the employee’s option, at a rate equal to the employee’s base rate.

Employees who serve in stand-by status on Town recognized holidays shall be compensated for four (4) hours of straight time in either cash or compensatory time off (at the employee’s discretion) at a rate equal to the employee’s base rate.

Employees who agree to serve in a stand-by status must be able to respond to a callback within one (1) hour. Employees who fail to respond to a notice of call-back will not be eligible for stand-by compensation.

A Labor/Management committee will be established to discuss, establish and maintain a procedure regarding on-call and stand-by. It is the intent to put into writing the selection, trade and notification process.

19. Rest Periods
If an employee works more than fourteen (14) hours in a consecutive twenty-four hour period, the employee will be provided with an eight (8) hour unpaid rest period from the time last worked prior to returning to duty.

If an eight hour rest period overlaps with the start time of the employee’s regularly scheduled shift, the employee will only be required to work the remainder of the shift after the rest period is completed. The employee will be compensated at the regular rate as if the employee had worked the entire regularly scheduled shift. For example, if an employee’s eight hour rest break started at 0330 hours, the employee would report for work at 1130 hours and would work until the end of the regularly scheduled shift at 1700 hours. The employee would be compensated for the entire regular shift of 0730 – 1700 hours as if he or she had worked the entire day. Similarly, if an employee responds to an emergency at 2300 hours and continuously works until 1300 hours, the employee will be released for the eight hour rest at 1300 hours and compensated for the remainder of the regularly scheduled shift. Employees who fail to report to work after the rest period are ineligible for this compensation.

If an employee cannot be assigned to a rest break at fourteen hours due to the nature of the emergency, the employee shall be released to a rest break after working eighteen (18) consecutive hours.

20. Uniforms
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The Town will continue to provide special work clothing as needed and to repair and replace such clothing as needed with the approval of the Department Head, per the Department Policy.

21. Out-of-Class Pay
Unit employees assigned the duties of a higher position by the Director shall be eligible for out of class pay. Out of class assignments must last a minimum of two consecutive days. The assignment must last a minimum of 40/36 consecutive work hours and oOut of class pay will begin on the third first day. Assignments shall be based on seniority provided the senior employee’s performance is evaluated as average or above average performance.

Out of class pay shall equal 105% of the employee’s base rate, not to exceed the maximum of the higher position’s salary range.

22. Acting Pay
Unit employees assigned by the Director to the duties of a higher classification that is vacant or the incumbent is on a long term leave of absence shall be eligible for Acting pay. Acting assignments must last a minimum of 30 consecutive days. Acting pay will begin on the first day of the assignment. Acting assignments for vacant positions without an incumbent shall not last more than 9 months unless mutually agreed upon by the Town and Union.

Acting pay shall be a minimum of 5% of the employee’s base rate or the pay step to which the employee would have been promoted to the position, whichever is higher.

Acting pay shall not exceed the maximum of the higher position’s salary range. 2223. Incentive pay
Employees who are assigned by their Public Works Director to duties where specialized trainings or certifications are mandated to perform the job are eligible to receive premium pay after completing the training/receiving certification as follows:

Water Division
Current
Program
Current Requirements/Incentives
D-1 Required within 12 months from 12/15/15
D-2 $100/month
D-3 Additional $ 50 - total $150/month
New
employees*
Requirements/ Incentives
D-1 Required within 12 month of hire for MW I
D-2 $100/month-Required with 24 months of
hire/promotion for MW II
D-3 Additional $ 50 - total $150/month
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Sewer Division
Current
Employees**
Requirements/ Incentives
CW-1 Required within 12 months from 12/15/2015
CW-2 $100/month
CW-3 Additional $ 50 total $150/month
New
employees*
Requirements/ Incentives
CW-1 Required within 12 months of hire for MW I
CW-2 $100/month-Required with 24 months of
hire/promotion for MW II
CW-3 Additional $ 50 - total $150/month
*This requirement is for employees hired after 12/15/2015 **Current employees (hired prior to 12/15/2015) are required to take the CW-1 certification test yearly until passed
The Street and Facilities Division staff has the option to obtain either the Water or Sewer certifications. The certifications will only be required if the Street and Facilities Division participate in the On-Call program.

Note: Maximum of $ 150 month incentive pay for the for the above division certifications.

Class A/B driver’s licenses
Current employees Requirements/ Incentives
Class B License $100125/month
Class A License Additional $ 50 total $150175/month
Hired prior to 12/15/2015
Future employees Requirements/ Incentives
Class B License $100125/month-Required with 24 months
Class A License Additional $ 50 - total $150175/month
Hired after 12/15/2015
No maximum number of staff for the Class B or Class A licenses.

Backhoe Certification
Proposed
Program
Requirements/ Incentives
Backhoe operator
A
$100/month
Note: 1. Maximum of three operators
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2. Rotating operator schedule (if we have more than 3 qualified operators, as determined by the PW
Director)

3. The operators are required to be available for emergency service.

4. Yearly review of qualifications, availability and need will be done by the PW Director for each operator. Operators can be dropped from the program if they do not meet the minimum standards or are consistently unavailable (exceptions: prescheduled time off, verified illness).

Public Works Inspector
Current
Employees
Requirements/ Incentives
APWA PW inspector or
equivalent, determined
by PW Director
Required within 12 months of 12/15/2015
Approved ICC Cert $100/month
Additional approved ICC
Cert
Additional $ 50 – total max $150/month
Future employees Requirements/ Incentives
APWA PW inspector or
equivalent, determined
by PW Director
Required within 12 months of
hire/promotion
Approved ICC Cert $100/month
Additional approved ICC
Cert
Additional $ 50 – total max $150/month
Up to two additional Public Works Department employees are eligible for APWA PW inspector or equivalent, or ICC certifications.

Employees hired after December 15, 2015, who are required to get certifications but do not obtain them within the required timeframe (the timeframe will include 2 opportunities to take the required tests), will be separated from employment with the Town.

Employees hired prior to December 15, 2015 must continue to retake the certification tests until passed.

Employees are eligible for incentive pay when all required documentation has been submitted to the department.

Bi-Lingual Pay
Any member of the bargaining unit approved by their Director who demonstrates proficiency in Spanish, Cantonese, Mandarin, American Sign Language or other language approved by the City Manager is eligible for an additional $50 per pay period. -51-

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Proficiency shall be measured by the successful completion of a test administered by an agency selected by the Town. Employees are responsible for making arrangements for their test. Employees will not be compensated for the time spent scheduling, preparing for or taking a proficiency test. The Town shall provide the use of its facilities for the test and pay for the cost of the examination, if any. Employees shall recertify every two years.

Notary Public Pay
Any member of the bargaining unit approved by their Director who is an maintains their Notary Public Certification and is required to perform notary tasks for the Town is eligible for an additional $50 per pay period.
2324. Public Works Inspector Training
Maintenance Worker II’s who participate in the Public Works Inspector Training Program and are assigned Public Works Inspection duties by the Director for a minimum period of forty (40)/thirty-six (36) consecutive work hours shall be eligible for Public Works Inspectors Pay which is an additional 10% of base pay for such assignments.

III. BENEFITS
2425. Health Insurance
Active Employees
The Town’s contribution towards the employee’s medical coverage shall be determined by the coverage level the employee selects. The Town’s contribution shall be as follows:
 Employee only – shall not exceed the Bay Area Blue Shield Access + Region 1 Health Plan Employee only
 Employee plus one – shall not exceed the Bay Area Blue Shield Access + Region 1 Health Plan Employee plus one
 Employee plus 2 or more - shall not exceed the Bay Area Blue Shield Access + Region 1 Health Plan Family
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If, during the term of this MOU, the Blue Shield Access + plan is not available in CalPERS Region 1, then the Town’s medical premium contribution shall be set at the 2nd highest HMO offered in CalPERS Region 1.

If, during the term of this MOU, the 2nd highest HMO becomes the Town’s medical premium contribution, then future year increases shall be subject to the 15% increase cap as defined below.

Effective January 1, 2011, the Town’s increased its employees’ medical contribution by up to 15% of the three-party Blue Shield rate in effect on January 1, 2010.

Each January 1, during the term of this MOU, the Town’s medical contribution shall increase by up to 15% of the appropriate Blue Shield Access + rate. The 15% increase shall be applied to the current Town’s monthly contribution rate. Any increase over 15% would be the responsibility of the employee, to a maximum of $100 per month.

Under no circumstances shall the Town’s increased monthly contribution be used to offset the employee’s contribution rate effective on December 1st of the previous year.

During the term of this MOU, the employee’s maximum contribution for medical insurance shall not exceed $100 per month.

In addition, if an employee selects a plan that exceeds the Town’s medical premium contribution, then the employee shall be responsible to pay the amount that exceeds the Town’s medical premium contribution via payroll deductions.

Employees who have alternate coverage, such as coverage through a spouse’s employer’s plan (not individual coverage), are eligible to receive cash in lieu of medical insurance at the rate of 50% of the Kaiser premium of the employee’s actual enrollment level (single, employee + 1 or employee + 2 or more). Employees will be required to show proof of alternate coverage every year during open enrollment. Effective January 1, 2022, employees who have alternate coverage as of December 31, 2021 are eligible to receive cash in lieu of medical insurance in the following amounts:
 Single $384.13 per month
 Employee + 1 $768.25 per month
 Employee + 2 or more $998.73 per month
Employees who receive the cash in lieu of medical benefit and who opt out of the program will be treated as employees hired after January 1, 2022 for future cash in lieu benefits.

Employees who enroll in the cash in lieu of medical benefit after January 1, 2022, who have alternate coverage, such as coverage through a spouse’s employer’s plan (NOT individual coverage” are eligible to receive a contribution to the employee’s deferred compensation account in the amount of three hundred dollars ($300) per month, in lieu of receiving medical benefits.
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PERS Contribution
In accordance with Resolution 02-01, the Town’s contribution to PERS is set at an amount not less than the amount required under Section 22825 of the Public Employee’s Medical and Hospital Care Act. PERS will determine the contribution amount annually.

Retirees
The Town does not provide post-retirement health benefits to employees hired after January 1, 2002.
2526. Retiree Medical Health Savings AccountsPlan
Employees hired after January 1, 2002 are eligible to receive a contribution to a Retiree Medical Health Savings AccountPlan. Effective January 1, 2012, the amount will remain at $75 per month. Employees must meet vesting requirements as determined by the Town.

Current employees
Months of Service Monthly Contribution
Hire to 60 months $75
61 months – thereafter $150
Employees must meet vesting requirements of the plan as follows:
 Year 1 – 20%
 Year 2 – 40%
 Year 3 – 60%
 Year 4 – 80%
 Year 5 – 100%
Current employees who qualify for the $150 contribution shall begin to receive that monthly amount upon adoption of this MOU. No retroactive payments shall be made.

Employees hired on or after January 1, 2022 shall receive a monthly contribution to a Retiree Health Savings Plan in the following amounts:

Months of Service Monthly Contribution
Hire to 60 months $75
61 months – thereafter $150
Employees must meet vesting requirements of the plan as follows:
 Year 5 – 100%
2627. Post-Retirement Payments
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good faith to eliminate the post-retirement health benefit in favor of implementing an improved retirement pension plan (PERS 3% @ 60), the Town shall provide postretirement payments in lieu of health insurance as set forth below.

The actual amount of the payments will be equal to the retired employee’s actual cost for health coverage up to a maximum of the one-party, two-party or three-party Public Employees Retirement System (PERS) basic rate for the Bay Area Blue Shield HMO health plan. Retirees after January 1, 2015 are subject to the same active employee contribution structure in place when they retired.

Employees must be enrolled in a PERS health plan at the time of retirement to be eligible for this benefit. Former employees who enroll in PERS health plans during an open enrollment period after separation from the Town’s service are not eligible for this benefit.

Payments will continue until the retiree or survivor is no longer enrolled in the PERS health plan with the following exception: Retirees and survivors who were receiving retirement health benefits prior to January 1, 2002 will be permitted to select a health plan outside of PERS health plans if PERS rules do not permit their continued participation in the health plans.

Employees terminated as the result of disciplinary action or forced to resign as a result of a criminal conviction or plea of no contest are not eligible for the post-retirement payments.

Retirees are responsible for keeping the Town notified of their current address. If payments are discontinued because no forwarding address is available, the Town will not be liable to provide retroactive payments. The Town will resume payments upon notification of an updated address if the former employee is otherwise qualified to receive the payments.
2728. Disability Income Protection
The Town will provide Long Term Disability (LTD) Insurance which will provide 66 2/3% of salary to a maximum of $6,000 monthly and which will begin sixty calendar days after the first day of disability. The Town shall pay the entire premium for LTD. 2829. Dental and Orthodontia Plan
Employees shall be included in the Town’s self-funded dental and orthodontia plans.

The benefit maximum is $1,7502,000 per person participant per year. Plan year is from January 1 – December 31.

Effective for employees hired after January 1, 2012: retirees are not allowed to participate in the Town’s dental benefit program.
2930. Vision Plan
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Employees shall be included in the Town’s self-funded vision plan. The maximum benefits shall be $325 350 per person participant per year. Plan year is from January 1 – December 31.

Effective for employees hired after January 1, 2012: retirees are not allowed to participate in the Town’s vision benefit program.
3031. Life Insurance
The Town shall provide a group life insurance policy in the amount of $100,000 of coverage to each probationary and regular employee during the term of this MOU. 3132. Retirement
PERS Classic Members
Employees that were hired before June 30, 2012 are considered Classic members and participate in the 3% @ 60 program. The employee will pay the member’s contribution to the Public Employees Retirement System (PERS), plus an additional 1%. .

Final retirement compensation for purposes of calculating retirement benefits shall be based upon the “single highest year” method under PERS.

Employees shall be able to have their contribution deferred pursuant to the provisions of §414 (h)(2) of the Internal Revenue Code.

Employees’ PERS contributions, although designated as employee contributions, are being paid by the Town in lieu of contributions by the employee in accordance with 414(h)(2) of the Internal Revenue Code.

The Town implemented the following retirement formula for all Classic employees hired after July 1, 2012. The new retirement formula is:

2.0% @ 60
36 month average for final compensation
The employee is required to pay the member’s contribution to PERS PERS New Members
Employees that are considered “New miscellaneous members” will participate in the 2% @ 62 retirement program. Employees will pay the employee share, which is 50% of the total normal cost, as determined by PERS.

The Town will contact CalPERS and arrange for an election to potentially implement the amendment to allow for employee contributions toward the employer portion of retirement to count as employee contributions (GCS 20516). 3233. Wellness
Employees can be reimbursed up to $300 per year for the following qualifying wellness activities:
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 Gym fees
 Nutritional counseling
 Smoking cessation programs
 Chiropractic services
 Acupuncture services
 Weight loss programs
 Parks and Recreation sponsored fitness programs from other municipalities that are preapproved by the Human Resources Manager
 Equipment (home gym equipment: Bowflex, Pelaton, etc.; equipment for various classes:
yoga mat, boxing gloves, etc.)
 No clothing or shoes are eligible for reimbursement
such as gym fees, nutritional counseling, lifestyle assessments, smoking cessation programs, etc. Personal clothing and/or personal equipment is not eligible for wellness reimbursement.
3334. Military and Spousal Military Leave
Military and Spousal Military Leave shall be granted in accordance with the provisions of State and Federal law. All employees entitled to military and/or spousal military leave shall give the City Manager an opportunity within the limits of military regulations to determine when such leave shall be taken.
3435. Leave of Absence Without Pay
The City Manager may, at his or her discretion, grant a regular or probationary employee Leave of Absence without pay or seniority for a period not to exceed six months for medical reasons, and three months for other types of leaves. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and the approval will be in writing.

Upon expiration of an approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted.

Failure on the part of an employee on leave to report promptly at its expiration or within a reasonable time after receiving notice to return to duty shall be cause for discharge.

The depositing in the United States mail of a first-class letter postage paid and addressed to the employee’s last known place of address shall be reasonable notice. 3536. Jury Duty
Employees who are required to serve as trial jurors shall be entitled to be absent from their duties with the Town during the period of such service or while necessarily being present in court as a result of such call. Employees shall be paid their full salary for such duty.
3637. Sick Leave
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Sick leave with pay shall be granted to all probationary and regular employees who are assigned to allocated positions. Sick leave shall not be considered as a right which an employee may use at his or her discretion, but shall be allowed only in case of necessity and actual sickness or disability.

In order to receive compensation while absent on sick leave, the employee shall notify the on-duty supervisor as early as possible prior to the beginning of his or her shift, or as may be specified by the Department Head.

When absence is for more than one workday, the employee may be required to file a physician’s certificate or a personal affidavit with the City Manager’s Office, excusing the employee from work.

Sick leave shall be earned by full-time employees at the rate of 4.31 hours per bi-weekly pay period. This accrual shall be prorated for part-time personnel in allocated positions.

There is no maximum accrual limit for sick leave.

Sick leave will not be accrued while an employee is on non-industrial disability or unpaid leave.

No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes:
 Sickness or disability sustained while on leave of absence, other than his or her regular vacation or holiday
 Disability received as a result of engaging in a gainful occupation outside Town employ
Not more than 104 hours of sick leave each calendar year may be taken in case an employee’s presence is required elsewhere because of sickness or disability of members of his or her immediate family. The immediate family shall consist of the spouse, children, parents, siblings, domestic partner or other individuals whose relationship to the employee is that of a dependent or near dependent. In each such case the City Manager shall grant such sick leave only when, in his or her opinion, the relationship of the sick or disabled person to the employee warrants such use of sick leave.

Employees who have exhausted said 104 hours of family sick leave may be permitted to use remaining sick days with the approval of the Director, provided they have used their balance of Compensatory Time Off first.

Unused Sick Leave Upon Retirement
Any full-time employee of the Town with ten years of continuous service at the time of retirement can choose to be paid in cash for accumulated sick leave, up to the equivalent of one month’s pay, upon separation from service with the Town of Hillsborough.
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Retirement, for the purpose of this rule, shall be construed to mean the termination of employment in order to accept service or disability retirement under PERS.

All remaining sick leave shall be converted to service credit under PERS.

Employees terminated as the result of disciplinary action or forced to resign as a result of a criminal conviction or plea of no contest are not eligible for this benefit. 3738. Bereavement Leave
With the consent of the Department Head, a regular employee may be allowed to be absent from the duties of his or her position and to receive full compensation during such absence for a period not to exceed three (3) consecutive scheduled shifts in the case of death or of critical illness where death appears imminent of the employee’s spouse, children, parents, siblings, in-laws, grandparents domestic partner or other individuals whose relationship to the employee is that of a dependent or near dependent. Where such a death or critical illness has occurred, the employee shall furnish satisfactory evidence of such death or critical illness to his or her Department Head.
3839. Industrial Disability Leave
Any regular employee of the Town who has suffered any disability arising out of or in the course of employment as defined by the Workers’ Compensation laws of the State of California may be entitled to disability leave while disabled without loss of compensation for the period of such disability to a maximum of ninety (90) days. Such disability with pay may be extended at the discretion the City Manager not to exceed one year.

The Town may call for medical examinations as frequently as would be reasonably necessary given the nature and extent of the injury and the degree of change of condition within a given period of time, but shall not schedule examinations so frequently as to constitute harassment of the employee.

The Town may terminate industrial disability leave if a disability retirement is initiated. 3940. Family Medical Leave
The Town will grant Family Medical Leave in accordance with the requirements of applicable State and Federal laws in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in such State or Federal laws. In certain situations, the Federal law requires that provisions of State law apply.

Employees will be eligible for the most liberal benefits available under either law.

Family Medical Leave is unpaid. In a case where an employee is taking leave for his or her own health condition or to take care of a spouse, child or parent who has a serious health condition, the Town requires the employee to substitute any of the employee’s accrued vacation, holiday, CTO or sick leave for an unpaid period of leave. -59-

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In a case where an employee is taking leave for birth or placement of a child, including for bonding purposes, the Town requires the employee to substitute any of the employee’s accrued vacation, holiday or CTO for an unpaid period of leave. 4041. Short Term Disability (This Section applies only to the Maintenance Unit) If an Eligible full-time or part-time Employee is disabled for more than five consecutive business days, the employee may be eligible for State Short-Term Disability Leave (“SDI”). The following summarizes Short-Term Disability Leave:
 There is a five-day waiting period for SDI benefits. The first five consecutive business days absent will be charged to Sick Leave. If the disabled employee does not have enough Sick time to cover the absence, the time not covered by Sick Leave will be charged to any accrued, but unused Vacation, Holiday Leave or Comp Time. If the employee does not have enough accrued time to cover the absence, those remaining hours will be unpaid.
 To apply for SDI benefits, the employee must provide Human Resources with acceptable medical certification from his/her attending physician certifying that the employee is disabled from performing the essential functions of his/her position due to illness or injury. Medical certification must be submitted as the employee’s medical circumstances evolve, or at a minimum at the end of the first, second, and third months of disability, verifying the continued disability and stating the estimated date of return to work. If the employee also qualifies for Family and Medical Leave (FML), the medical certification required for FML will suffice for SDI.
 Once an employee’s application for SDI benefits has been approved, their absence will be charged to disability.
 While on SDI, the disabled employee will receive his/her full salary through a combination of payments from the Town (using accrued leaves) and State Disability Insurance. If the employee does not have any accrued leave to draw on, those hours will be unpaid. If an employee qualifies for state disability benefits, he/she is required to apply for them. Upon receiving your state disability check you must notify Human Resources and we will reduce your paycheck by the amount you receive from SDI. Payroll may call SDI to confirm the amount of the disbursement.
 If the disabled employee also qualifies for Family and Medical Leave (“FML”), SDI will run concurrently with FML.
 Health, Dental, and Vision benefits will continue during SDI, subject to continued payment of any employee contribution toward health insurance premium and continued availability of accrued leave benefits to draw on. -60-

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 Eligibility for Life, Accidental Death and Dismemberment, and Long Term Disability insurance will continue during SDI.
 Vacation and Sick Leave do not accrue after the first 14 days of SDI.  After the first 14 days of SDI, the disabled employee is not eligible for paid Holidays.
 SDI may continue for up to 90 consecutive days, provided disability continues and appropriate medical certification is provided.
 Upon returning from leave, an employee will be reinstated to the same position held at the time of the leave. An employee has no greater right to reinstatement than if she/he had been continuously employed. For example, if an employee would have been laid off had she/he not gone on leave, or if his/her position has been eliminated during the leave, then she/he will not be entitled to reinstatement.  If a disabled employee returns to work from SDI for 30 days, and is subsequently disabled due to the same serious health condition that caused the first disability, the employee will be required to satisfy a new five-day waiting period and the disability will be treated as a new claim for SDI benefits.  Claims for SDI benefits are limited to one 90 day disability in a 12 month period. 4142. Vacation
Vacation may be taken in increments as determined by the employee. Employees will give seven (7) days’ notice of their intent to take vacation to their Supervisor. The Supervisor shall approve the scheduling of the vacation prior to the employee taking the time off. In unforeseen circumstances, an employee can request vacation with less than 7 days’ notice at the discretion and approval of the Department Head.

The purpose of vacation leave is to enable each eligible employee annually to return to his or her work refreshed. All regular and probationary employees shall be entitled to vacation leave with pay.

The progressive vacation accrual schedule is as follows:

Years of
Service
Completed
Bi-Weekly
Accrual Rate
Hours per
Year
Start date to
end of the 4th
year

3.08 80
Beg. of the 5th –
end of the 9th

4.62 120
Beg. of the 10th 4.92 128
Beg. of the 11th 5.23 136
Beg. of the 12th 5.54 144
Beg. of the 13th 5.85 152
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Beg. of the 14th
and over

6.15 160
This schedule shall be prorated for part-time employees in allocated positions.

If the requirements of the service are such that an employee is not allowed to take part or all of his or her accrued scheduled vacation in a particular calendar year, such vacation may be taken during the following calendar year or paid for at the discretion of the employee.

The maximum accumulation of vacation leave may not exceed two times the employee’s annual earned vacation. Once the maximum vacation accumulation is reached vacation leave will cease to accrue.

In the event one or more municipal holidays fall within a vacation leave, such holidays shall not be charged as vacation leave.

Vacation will not be accrued while an employee is on a non-industrial or unpaid leave.

Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. 4243. Vacation Buy-Back
Employees have the ability to cash out between 20 and 40 60 hours of accrued vacation leave each year:
 Employee must have taken a minimum of 40 hours of accrued vacation during the election year to be eligible to sell back vacation. Vacation hours sold back do not count as vacation hours used for this purpose.
 Employee must have a balance of 100 hours at the time of election to cash out vacation hours.
 The employee must designate between December 1 and December 10 of each year the amount of vacation hours to be cashed out in the following year.  Payment of vacation hours elected for cash out will be made in the first pay period in August of the year following the election.
 Vacation hours cashed out applies only to hours earned in the year following the election.
 Elections are irrevocable.
4344. Holidays
A holiday equals eight (8) hours leave. Thus employees shall receive a total of 96 hours of leave for twelve eight-hour holidays.
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If a holiday falls on an employee’s scheduled day off, the employee will have the option of receiving eight hours compensatory time off or eight hours of compensation paid at the regular hourly rate.

The recognized holidays to be observed by the Town for unit employees are as follows:

Date Holiday
January First New Year’s Day
Third Monday in January Martin Luther King’s
birthday
Third Monday in February Presidents’ Day
Last Monday in May Memorial Day
July Fourth Independence Day
First Monday in September Labor Day
November Eleventh Veteran’s Day
Fourth Thursday in
November
Thanksgiving Holiday
Friday after Thanksgiving Friday after Thanksgiving
December Twenty-fourth Christmas Eve
December Twenty-fifth Christmas Day
Employees will accrue eight hours of floating holiday leave on January 1st of each year.

If a new employee’s hire date is prior to June 30, that employee’s will receive eight hours of floating holiday. If the employee’s hire date is July 1 or later that employee will receive 4 hours of floating holiday for that calendar year. Thereafter, accrual shall be consistent with continuing employees. No more than eight hours of floating holiday may be accrued at one time.

Every day appointed by the President of the United States or the Governor of this State for a public fast, Thanksgiving or holiday and every day pronounced as a National Day of Mourning is a holiday when also approved by the City Council.

Regular and probationary employees shall not be required to be on duty on holidays unless the employee’s services are required in the interests of the public health, safety or general welfare.

When a holiday falls on a Sunday, the following Monday shall be observed. When a holiday falls on a Saturday, the preceding Friday shall be observed.

Floating holiday hours may be taken in any increment with the advance approval of the Department Head.

If an employee is requested to work on a holiday, he or she shall be compensated at the overtime rate, in addition to receiving holiday compensation. 4445. Tuition Reimbursement
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College Reimbursement
Subject to budget constraints, the Town will reimburse an employee’s tuition dependent on the following conditions:

1. Employees should attain approval for reimbursement from their Department Head prior to the beginning of the semester.

2. Tuition reimbursement will be based on local community college or California State University fee structures and limited to $1,500 per employee per calendar year. The City Manager may approve additional reimbursement for expenses when an employee participates in an accelerated college degree program.

3. Employees must attain a grade of C or better in order to be eligible for reimbursement as follows:

Grade % of Reimbursement
A 100%
B 80%
C 50%

4. Reimbursement will be approved after the employee submits proof of payment and receives his or her grade.

Building Inspector Licenses and Certifications
The Town will reimburse Building Inspectors for their costs to take examinations for professional licenses or certifications. To be eligible for reimbursement the Building Inspector must obtain the Department Head’s approval prior to taking the examination and must receive a passing score or rating.

Additionally, the Town will reimburse the Building Inspectors for the costs associated with maintaining their professional licenses or certificates, such as required continuing education or license renewal costs.

Facilities Lead Worker Licenses
The Town will reimburse Facilities Lead Workers for their costs to take examinations for the State Contractors license. Additionally, the Town will reimburse the Facilities Lead Workers for required continuing education or license renewal costs.

IV. EMPLOYMENT
4546. Notification of Job Openings
All openings for full-time or part-time allocated positions in this unit shall be posted on the Department bulletin board, and/or sent out by email. 4647. Probation
All unit employees shall serve a probationary period of 12 months.

Upon successful completion of the probationary period, an employee shall attain a regular employment status.
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Anyone serving in a probationary period may be rejected at any time without cause and without notice. Rejection during a probationary period will not be subject to the grievance procedure. If serving an initial probation with the Town, rejection during a probationary period will result in termination.

If an employee is rejected during probation as a result of a promotion, they will have bumping rights to their former classification where they attained regular status. 4748. Attendance
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. Failure on the part of an employee, absent without authorized leave, to return to duty within 24 hours after receiving notice to return shall be cause for immediate discharge and such employee automatically waives all rights under the personnel ordinance and these rules. The depositing in the United States mail of a first-class letter postage paid, addressed to the employee’s last known place of address, shall be reasonable notice.
4849. Hours of Work
Employees shall be scheduled to work for 80 hours over each bi-weekly pay period and be compensated at the regular rate of pay for the same. Subject to the needs of Town, employees may be assigned to one of the following working shifts:
 8 hours per day, 5 days per week
 9 hours per day for 8 shifts, and one 8 hour shift
 9 hours per day for 8 shifts, and 4 hours per day for 2 shifts  10 hours per day, 4 days per week
Variations of schedules will be permitted by agreement between the Department Head and employees.
4950. Discipline
The Town may discharge, suspend, demote, reduce salary or otherwise discipline any employee for cause including, but not limited to:
 Dishonesty
 Insubordination
 Use, possession or being under the influence of alcohol or drugs  Incompetence
 Willful negligence
 Inability to meet minimum licensing or bonding requirements of the employee’s regularly assigned position
 Fighting
 Discourteous treatment of coworkers or residents
 Unexcused absenteeism
 Tardiness when reporting to work or returning from breaks  Misuse of Town property
 Violation of Town policies
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 Failure to perform work as required
 Failure to comply with or violation of the Town’s reasonable rules regarding safety conduct and operations
 Willful damage to public property
 The commitment or conviction of any criminal act that would directly affect work duties
Any regular employee who has been subject to such discipline shall be notified of the reasons for such action in writing with a copy of such letter furnished to the Union. A letter sent by first-class mail to the employee’s last known address shall be considered adequate notice.

A progressive discipline process shall be followed, except when the safety and wellbeing of the employee, co-workers, members of the public or public property is endangered.

Pre-Disciplinary Hearings
No regular employee shall be demoted, suspended or discharged for a disciplinary purpose except in accordance with the provisions of this section; provided, however, that this section shall not apply to suspensions of less than 40 hours.

Whenever the Town proposes to demote, suspend or discharge a regular employee in a case in which this section is applicable, the Town shall provide the employee with written notice of the proposed action. The notice shall state the proposed disciplinary action and the reasons for it. The notice shall also include a copy of the charges and materials upon which the proposed action is based.

The employee shall have the right to present an oral or written response to the proposed action. Thereafter the Town shall determine, based upon such response and the materials upon which the proposed action was based, whether to impose the action initially proposed, a lesser action or to take no action. The Town shall promptly notify the employee in writing of such decision.
5051. Grievance Procedure
Grievances subject to arbitration shall be only such grievances which involve the interpretation, application, or compliance with the provisions of this Memorandum or Departmental policies, or a dispute or disagreement concerning whether or not discipline, including discharge, was for just cause.

Step I - Informal Level
An employee who has a grievance shall first discuss the grievance on an informal basis with his or her supervisor within fifteen (15) calendar days of the alleged violation or within fifteen (15) calendar days of the time the grievant knew of or could have reasonably discovered such action or occurrence. Within fourteen (14) calendar days of receipt of the grievance, the supervisor shall investigate the matter, if necessary. Every effort will be made by the parties to resolve the grievance at this level and may include a -66-

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conference among the Union, supervisor or other administrative staff. The supervisor will provide the employee with a written response to the grievance.

Grievances by the Town shall be discussed with the Union within fifteen (15) calendar days of the alleged violation. If the parties are not able to resolve the issue, within fifteen (15) days after the last communication with the Union the Town may submit a request for arbitration pursuant to Step 4.

Step 2 – Department Level
If the grievance is not resolved at Step 1, the employee may submit the grievance in writing to the Department Head within fifteen (15) calendar days after the presentation of the supervisor’s reply. The written grievance shall:
• Fully describe the grievance and how the grievant was adversely affected • Set forth the section(s) of this Memorandum or Department policy allegedly violated • Indicate the date(s) of the incident grieved
• Specify the remedy or solution to the grievance sought It shall be the responsibility of the employee to submit a copy of the grievance to the Union. The Department Head or his/her designee, if necessary, may investigate the matter. The Department Head or his/her designee shall also schedule a meeting with the grievant and shall provide a written response to the grievant after holding the meeting with the grievant. The meeting and provision of the written response shall occur within fifteen (15) calendar days after receipt of the grievance.

Whenever the immediate supervisor and the Department Head is one and the same person, this step in the procedure shall be omitted.

Step 3 - City Manager Review
If the grievance is not resolved at Step 2 a written grievance may be filed with the City Manager or his or her designee within fifteen (15) business days after the presentation of the Department Head’s reply.

The City Manager or his/her designee will review the written grievance and may, at his/her discretion, meet with the employee to discuss the grievance. The City Manager or his/her designee shall reply in writing to the grievance within fifteen (15) calendar days of the meeting with the employee or, if no meeting occurs, within his/her receipt of the Step 2 grievance; provided, however, that in the event that the City Manager or his/her designee is away from the Town during this period, his/her time to reply shall be extended by and equal number of days that he/she is absent to a maximum of twenty (20) days.

Step 4 - Arbitration
If the grievance is unresolved at Step 3, either the Union or the Town may, within fifteen (15) calendar days, request in writing arbitration and the parties shall attempt to -67-

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mutually agree upon an arbitrator. In the event the parties are unable to agree upon an arbitrator, after thirty (30) days either party may request a list of nine (9) names from the California Conciliation and Mediation Service. Each party shall alternately strike one (1) name until an arbitrator is selected. The right to strike the first name shall be determined by lot and the parties shall alternately strike one (1) name from the list until only one (1) name remains. The remaining panel member shall be the arbitrator.

The arbitrator shall conduct a hearing at which he/she will hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree on the issue to submit, the arbitrator shall determine the issues.

The Town and the Union agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provisions or provision of this Memorandum and/or Department policy at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Memorandum or impose any limitations or obligations not specifically provided for under the terms of this Memorandum. The arbitrator shall be without power or authority to make any decision that requires the Town to do an act prohibited by law.

After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her finding and recommended award. The award of the arbitrator shall be final and binding on both parties and on any affected bargaining unit employee.

Either party may elect to have representation by legal counsel for the arbitration hearing.

Arbitration Costs
All expenses for the arbitration shall be paid equally by the Town and the Union, except that each party shall be responsible for the expenses of its own attorney, witnesses and transcripts.

Timeliness
All grievances must be presented at the proper steps in accordance with the time limitations herein and unless such grievances are so presented, the right to file such grievances shall be waived. Any grievance not appealed to the next succeeding step within the time limits specified will be considered withdrawn and not eligible for further appeal. If the Town fails to respond within the prescribed time limits of any one step, the last Town response shall be deemed to be the Town’s position for the next succeeding steps. Time limits can be extended by mutual consent, however that any mutual agreements to extend deadlines are not precedential. 5152. Letters of Reprimand
A written reprimand may be removed from an employee’s personnel file 24 months after it is placed there, provided that the employee does not receive a written reprimand for a -68-

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similar incident or offense during that 24 month period. If the employee receives a written reprimand for a similar incident or offense with the 24 month period, the initial written reprimand shall remain in the employee’s file for the duration of time the succeeding reprimand stays in the file.
5253. No-Strike Clause
Both parties of this memorandum recognize the obligation of the Union and of the employees to refrain from engaging in any strike or slowdown of work. In fulfillment of that obligation, the parties recognize that there will be no strike, sympathy strike, slowdown, sick-ins, curtailment of work or interference with the Town’s operations on the part of either the Union or employees during the term of this Memorandum or anytime this Memorandum is continued by the express mutual consent of the parties. It is recognized that violation of this clause will result in discipline up to and including terminations.
5354. Safety
Observance of Safety Rules and Regulations
Both the Town and the Union shall expend a reasonable effort to ensure that work is performed with a maximum degree of safety, consistent with the requirement to conduct efficient operations.

Each employee covered by this MOU agrees to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted.

Employees further agree they will report all accidents and safety hazards to the appropriate management official immediately. Any employee having knowledge of or who is a witness to an accident shall give full and truthful testimony as to same.

Safety Program
The Town has established a Safety and Risk Management Committee. The Committee shall have an employee representative from both bargaining units. 5455. Layoff
Whenever, in the judgment of the Town, it becomes necessary to abolish positions, the Town may abolish any position included in the bargaining unit and the employee holding such position may be laid off subject to any bumping rights he or she may have. The Town may lay off employees due to lack of work or funds.

In a reduction in force, employees with the least length of service in the classification shall be laid off first provided that, in the determination of the City Manager, the skill and qualifications of the remaining employees are equal to that of the laid off employee.

Employees to be laid off from a classification shall have a right to bump employees in a lower classification in accordance with seniority with the Town provided that, in the determination of the City Manager, they possess superior skill and qualifications.

Employees affected by a layoff shall retain employment rights in a position previously held in a lower classification and shall revert back to said position with full seniority -69-

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rights and be integrated with the seniority ranking of employees in the lower classification.
5556. Reinstatement
A regular employee who has resigned in good standing may be reinstated to a vacant position of the same classification as the previous position within a period of two (2) years from the effective date of resignation. Reinstatement will be made at the salary step determined by the City Manager. A reinstated employee will not be entitled to prior service credit in calculating Town benefits.

V. TERM
This MOU shall be in full force and effect until midnight, December 31, 20212024.

Town of Hillsborough Teamsters Local 856, IBT
_____________________________ ______________________________ Katharine LerouxAnn E. Ritzma, City Manager Peter Finn, Secretary/TreasurerMark Leach, Teamsters Local 856
_____________________________ ______________________________ Dated Dated
Appendix A – Salary Schedules

A B C D E

PW/Clerical
Effective first full pay period 2018
Accounting Technician Bi-weekly

2,650

2,782

2,921

3,067

3,220
Monthly

5,742

6,028

6,329

6,645

6,977
Annually

68,900

72,332

75,946

79,742

83,720
Senior Accounting
Technician Bi-weekly

2,913

3,059

3,212

3,373

3,542
Monthly

6,312

6,628

6,959

7,308

7,674
Annually

75,738

79,534

83,512

87,698

92,092
Administrative Assistant Bi-weekly

2,365

2,483

2,607

2,737

2,874
Monthly

5,124

5,380

5,649

5,930

6,227
Annually

61,490

64,558

67,782

71,162

74,724
Building Inspector I Bi-weekly

3,015

3,159

3,317

3,483

3,657
Monthly
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6,533 6,845 7,187 7,547 7,924
Annually

78,390

82,134

86,242

90,558

95,082
Building Inspector II Bi-weekly

3,317

3,483

3,657

3,840

4,032
Monthly

7,187

7,547

7,924

8,320

8,736
Annually

86,242

90,558

95,082

99,840

104,832
Senior Building Inspector Bi-weekly

3,741

3,928

4,124

4,330

4,547
/Plan Checker Monthly

8,106

8,511

8,935

9,382

9,852
Annually

97,266

102,128

107,224

112,580

118,222
Assistant Planner Bi-weekly

3,180

3,339

3,506

3,681

3,865
Monthly

6,890

7,235

7,596

7,976

8,374
Annually

82,680

86,814

91,156

95,706

100,490
Building and Planning
Support Bi-weekly

2,594

2,724

2,860

3,003

3,153
Specialist Monthly

5,620

5,902

6,197

6,507

6,831
Annually

67,444

70,824

74,360

78,078

81,972
Service Clerk I Bi-weekly

1,982

2,076

2,180

2,289

2,403
Monthly

4,294

4,498

4,723

4,960

5,207
Annually

51,532

53,976

56,680

59,514

62,478
Service Clerk II Bi-weekly

2,180

2,289

2,403

2,523

2,649
Monthly

4,723

4,960

5,207

5,467

5,739
Annually

56,680

59,514

62,478

65,598

68,870
Permit Technician I Bi-weekly

2,492

2,617

2,748

2,885

3,029
Monthly

5,399

5,670

5,954

6,251

6,563
Annually

64,792

68,042

71,448

75,010

78,754
Maintenance Worker I Bi-weekly

2,147

2,250

2,363

2,481

2,605
Monthly

4,652

4,875

5,120

5,376

5,644
Annually

55,822

58,500

61,438

64,506

67,730
Maintenance Worker II Bi-weekly

2,362

2,480

2,604

2,734

2,871
Monthly

5,118

5,373

5,642

5,924

6,221
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PW Clerical Effective first full pay period in 2019
Accounting Technician
Biweekly
2,730

2,866

3,009

3,159

3,317
Monthly

5,915

6,210

6,520

6,845

7,187
Annually

70,980

74,516

78,234

82,134

86,242
Senior Accounting
Technician
Biweekly
3,002

3,152

3,310

3,475

3,649
Monthly

6,504

6,829

7,172

7,529

7,906
Annually

78,052

81,952

86,060

90,350

94,874
Administrative Assistant
Biweekly
2,435

2,557

2,685

2,819

2,960
Monthly

5,276

5,540

5,818

6,108

6,413
Annually

63,310

66,482

69,810

73,294

76,960
Annually

61,412

64,480

67,704

71,084

74,646
Maintenance Bi-weekly

2,788

2,927

3,073

3,227

3,388
Leadworker Monthly

6,041

6,342

6,658

6,992

7,341
Annually

72,488

76,102

79,898

83,902

88,088
Water Quality Technician Bi-weekly

2,788

2,927

3,073

3,227

3,388
Monthly

6,041

6,342

6,658

6,992

7,341
Annually

72,488

76,102

79,898

83,902

88,088
Public Works Inspector I Bi-weekly

2,788

2,927

3,073

3,227

3,388
Monthly

6,041

6,342

6,658

6,992

7,341
Annually

72,488

76,102

79,898

83,902

88,088
Public Works Inspector II Bi-weekly

3,073

3,227

3,388

3,557

3,735
Monthly

6,658

6,992

7,341

7,707

8,093
Annually

79,898

83,902

88,088

92,482

97,110
Facilities Bi-weekly

2,927

3,073

3,227

3,388

3,557
Leadworker Monthly

6,342

6,658

6,992

7,341

7,707
Annually

76,102

79,898

83,902

88,088

92,482
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Building Inspector I
Biweekly
3,106

3,254

3,417

3,588

3,767
Monthly

6,730

7,050

7,404

7,774

8,162
Annually

80,756

84,604

88,842

93,288

97,942
Building Inspector II
Biweekly
3,417

3,588

3,767

3,955

4,153
Monthly

7,404

7,774

8,162

8,569

8,998
Annually

88,842

93,288

97,942

102,830

107,978
Senior Building Inspector
Biweekly
3,854

4,047

4,249

4,461

4,684
/Plan Checker Monthly

8,350

8,769

9,206

9,666

10,149
Annually

100,204

105,222

110,474

115,986

121,784
Assistant Planner
Biweekly
3,274

3,438

3,610

3,791

3,981
Monthly

7,094

7,449

7,822

8,214

8,626
Annually

85,124

89,388

93,860

98,566

103,506
Building and Planning
Support
Biweekly
2,671

2,805

2,945

3,092

3,247
Specialist Monthly

5,787

6,078

6,381

6,699

7,035
Annually

69,446

72,930

76,570

80,392

84,425
Service Clerk I
Biweekly
2,040

2,137

2,244

2,356

2,474
Monthly

4,420

4,630

4,862

5,105

5,360
Annually

53,040

55,562

58,344

61,256

64,324
Service Clerk II
Biweekly
2,244

2,356

2,474

2,598

2,728
Monthly

4,862

5,105

5,360

5,629

5,911
Annually

58,344

61,256

64,324

67,548

70,931
Permit Technician I
Biweekly
2,567

2,695

2,830

2,971

3,120
Monthly

5,562

5,839

6,132

6,437

6,760
Annually

66,742

70,070

73,580

77,246

81,120
Maintenance Worker I
Biweekly
2,212

2,317

2,433

2,555

2,683
Monthly

4,793

5,020

5,272

5,536

5,813
Annually

57,512

60,242

63,258

66,430

69,758
Maintenance Worker II Bi-
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weekly 2,433 2,555 2,683 2,817 2,958
Monthly

5,272

5,536

5,813

6,104

6,409
Annually

63,258

66,430

69,758

73,242

76,908
Maintenance
Biweekly
2,871

3,015

3,166

3,324

3,490
Leadworker Monthly

6,221

6,533

6,860

7,202

7,562
Annually

74,646

78,390

82,316

86,424

90,740
Water Quality Technician
Biweekly
2,871

3,015

3,166

3,324

3,490
Monthly

6,221

6,533

6,860

7,202

7,562
Annually

74,646

78,390

82,316

86,424

90,740
Public Works Inspector I
Biweekly
2,871

3,015

3,166

3,324

3,490
Monthly

6,221

6,533

6,860

7,202

7,562
Annually

74,646

78,390

82,316

86,424

90,740
Public Works Inspector II
Biweekly
3,166

3,324

3,490

3,665

3,848
Monthly

6,860

7,202

7,562

7,941

8,337
Annually

82,316

86,424

90,740

95,290

100,048
Facilities
Biweekly
3,015

3,166

3,324

3,490

3,665
Leadworker Monthly

6,533

6,860

7,202

7,562

7,941
Annually

78,390

82,316

86,424

90,740

95,290
PW/Clerical Effective first full pay period in 2020
Accounting Technician
Biweekly
2,810

2,950

3,098

3,253

3,416
Monthly

6,088

6,392

6,712

7,048

7,401
Annually

73,060

76,700

80,548

84,578

88,816
Senior Accounting
Technician
Biweekly
3,092

3,247

3,409

3,579

3,758
Monthly

6,699

7,035

7,386

7,755

8,142
Annually

80,392

84,422

88,634

93,054

97,708
Administrative Assistant
Biweekly
2,509

2,634

2,766

2,904

3,049
Monthly

5,436

5,707

5,993

6,292

6,606
Annually
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65,234 68,484 71,916 75,504 79,274
Building Inspector I
Biweekly
3,199

3,351

3,519

3,695

3,880
Monthly

6,931

7,261

7,625

8,006

8,407
Annually

83,174

87,126

91,494

96,070

100,880
Building Inspector II
Biweekly
3,519

3,695

3,880

4,074

4,278
Monthly

7,625

8,006

8,407

8,827

9,269
Annually

91,494

96,070

100,880

105,924

111,228
Senior Building Inspector
Biweekly
3,970

4,168

4,376

4,595

4,825
/Plan Checker Monthly

8,602

9,031

9,481

9,956

10,454
Annually

103,220

108,368

113,776

119,470

125,450
Assistant Planner
Biweekly
3,374

3,543

3,720

3,906

4,101
Monthly

7,310

7,677

8,060

8,463

8,886
Annually

87,724

92,118

96,720

101,556

106,626
Building and Planning
Support
Biweekly
2,751

2,889

3,033

3,185

3,345
Specialist Monthly

5,961

6,260

6,572

6,901

7,247
Annually

71,526

75,114

78,858

82,810

86,964
Service Clerk I
Biweekly
2,102

2,202

2,312

2,428

2,549
Monthly

4,554

4,771

5,009

5,261

5,523
Annually

54,652

57,252

60,112

63,128

66,274
Service Clerk II
Biweekly
2,312

2,428

2,549

2,676

2,810
Monthly

5,009

5,261

5,523

5,798

6,089
Annually

60,112

63,128

66,274

69,576

73,064
Permit Technician I
Biweekly
2,644

2,776

2,915

3,061

3,214
Monthly

5,729

6,015

6,316

6,632

6,964
Annually

68,744

72,176

75,790

79,586

83,564
Maintenance Worker I
Biweekly
2,278

2,387

2,506

2,631

2,763
Monthly

4,936

5,172

5,430

5,701

5,987
Annually

59,228

62,062

65,156

68,406

71,838
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Memorandum of Understanding
Public Works and Clerical Unit 20182022-20212024
Maintenance Worker II
Biweekly
2,506

2,631

2,763

2,901

3,046
Monthly

5,430

5,701

5,987

6,286

6,600
Annually

65,156

68,406

71,838

75,426

79,196
Maintenance
Biweekly
2,957

3,105

3,260

3,423

3,594
Leadworker Monthly

6,407

6,728

7,063

7,417

7,787
Annually

76,882

80,730

84,760

88,998

93,444
Water Quality Technician
Biweekly
2,957

3,105

3,260

3,423

3,594
Monthly

6,407

6,728

7,063

7,417

7,787
Annually

76,882

80,730

84,760

88,998

93,444
Public Works Inspector I
Biweekly
2,957

3,105

3,260

3,423

3,594
Monthly

6,407

6,728

7,063

7,417

7,787
Annually

76,882

80,730

84,760

88,998

93,444
Public Works Inspector II
Biweekly
3,260

3,423

3,594

3,774

3,963
Monthly

7,063

7,417

7,787

8,177

8,587
Annually

84,760

88,998

93,444

98,124

103,038
Facilities
Biweekly
3,105

3,260

3,423

3,594

3,774
Leadworker Monthly

6,728

7,063

7,417

7,787

8,177
Annually

80,730

84,760

88,998

93,444

98,124
PW/Clerical Effective first full pay period in 2021
Accounting Technician
Biweekly
2,894

3,039

3,191

3,351

3,519
Monthly

6,270

6,585

6,914

7,261

7,625
Annually

75,244

79,014

82,966

87,126

91,494
Senior Accounting
Technician
Biweekly
3,185

3,344

3,511

3,687

3,871
Monthly

6,901

7,245

7,607

7,989

8,387
Annually

82,810

86,944

91,286

95,862

100,646
Administrative Assistant
Biweekly
2,584

2,713

2,849

2,991

3,141
Monthly

5,599

5,878

6,173

6,481

6,806
-76-

Page 43 of 51 ends

Memorandum of Understanding
Public Works and Clerical Unit 20182022-20212024
Annually

67,184

70,538

74,074

77,766

81,666
Building Inspector I
Biweekly
3,295

3,452

3,625

3,806

3,996
Monthly

7,139

7,479

7,854

8,246

8,658
Annually

85,670

89,752

94,250

98,956

103,896
Building Inspector II
Biweekly
3,625

3,806

3,996

4,196

4,406
Monthly

7,854

8,246

8,658

9,091

9,546
Annually

94,250

98,956

103,896

109,096

114,556
Senior Building Inspector
Biweekly
4,088

4,292

4,507

4,732

4,969
/Plan Checker Monthly

8,857

9,299

9,765

10,253

10,766
Annually

106,288

111,592

117,182

123,032

129,194
Assistant Planner
Biweekly
3,475

3,649

3,831

4,023

4,224
Monthly

7,529

7,906

8,301

8,717

9,152
Annually

90,350

94,874

99,606

104,598

109,824
Building and Planning
Support
Biweekly
2,835

2,977

3,126

3,282

3,446
Specialist Monthly

6,143

6,450

6,773

7,111

7,466
Annually

73,710

77,402

81,276

85,332

89,588
Service Clerk I
Biweekly
2,165

2,269

2,382

2,501

2,626
Monthly

4,691

4,916

5,161

5,419

5,690
Annually

56,290

58,994

61,932

65,026

68,276
Service Clerk II
Biweekly
2,382

2,501

2,626

2,757

2,895
Monthly

5,161

5,419

5,690

5,974

6,272
Annually

61,932

65,026

68,276

71,682

75,268
Permit Technician I
Biweekly
2,723

2,859

3,002

3,152

3,310
Monthly

5,900

6,195

6,504

6,829

7,172
Annually

70,798

74,334

78,052

81,952

86,060
Maintenance Worker I
Biweekly
2,347

2,459

2,582

2,711

2,847
Monthly

5,085

5,328

5,594

5,874

6,169
Annually
-77-

Page 44 of 51 ends

Memorandum of Understanding
Public Works and Clerical Unit 20182022-20212024
61,022 63,934 67,132 70,486 74,022
Maintenance Worker II
Biweekly
2,582

2,711

2,847

2,989

3,138
Monthly

5,594

5,874

6,169

6,476

6,799
Annually

67,132

70,486

74,022

77,714

81,588
Maintenance
Biweekly
3,047

3,199

3,359

3,527

3,703
Leadworker Monthly

6,602

6,931

7,278

7,642

8,023
Annually

79,222

83,174

87,334

91,702

96,278
Water Quality Technician
Biweekly
3,047

3,199

3,359

3,527

3,703
Monthly

6,602

6,931

7,278

7,642

8,023
Annually

79,222

83,174

87,334

91,702

96,278
Public Works Inspector I
Biweekly
3,047

3,199

3,359

3,527

3,703
Monthly

6,602

6,931

7,278

7,642

8,023
Annually

79,222

83,174

87,334

91,702

96,278
Public Works Inspector II
Biweekly
3,359

3,527

3,703

3,888

4,082
Monthly

7,278

7,642

8,023

8,424

8,844
Annually

87,334

91,702

96,278

101,088

106,132
Facilities
Biweekly
3,199

3,359

3,527

3,703

3,888
Leadworker Monthly

6,931

7,278

7,642

8,023

8,424
Annually

83,174

87,334

91,702

96,278

101,088
PW/Clerical effective first full pay period of 2022
Accounting Technician
Biweekly
2,989

3,138

3,295

3,460

3,633
Monthly

6,476

6,799

7,139

7,497

7,872
Annually

77,714

81,588

85,670

89,960

94,458

Administrative Assistant
Biweekly
2,669

2,802

2,942

3,089

3,243
Monthly

5,783

6,071

6,374

6,693

7,027
Annually

69,394

72,852

76,492

80,314

84,318

Building Inspector I Bi-
-78-

Page 45 of 51 ends

Memorandum of Understanding
Public Works and Clerical Unit 20182022-20212024
weekly 3,403 3,565 3,743 3,930 4,127
Monthly

7,373

7,724

8,110

8,515

8,942
Annually

88,478

92,690

97,318

102,180

107,302

Building Inspector II
Biweekly
3,743

3,930

4,126

4,332

4,549
Monthly

8,110

8,515

8,940

9,386

9,856
Annually

97,318

102,180

107,276

112,632

118,274

Building and Planning Technician I
Biweekly
2,668

2,801

2,941

3,088

3,243
Monthly

5,781

6,069

6,372

6,691

7,026
Annually

69,368

72,826

76,466

80,288

84,311

Building and Planning Technician II
Biweekly
2,934

3,081

3,235

3,397

3,567
Monthly

6,357

6,676

7,009

7,360

7,729
Annually

76,284

80,106

84,110

88,322

92,742

Lead Facilities Worker
Biweekly
3,303

3,468

3,641

3,823

4,014
Monthly

7,157

7,514

7,889

8,283

8,697
Annually

85,878

90,168

94,666

99,398

104,364

Lead Maintenance Worker
Biweekly
3,146

3,303

3,468

3,641

3,823
Monthly

6,816

7,157

7,514

7,889

8,283
Annually

81,796

85,878

90,168

94,666

99,398

Maintenance Worker I
Biweekly
2,424

2,539

2,666

2,799

2,939
Monthly

5,252

5,501

5,776

6,065

6,368
Annually

63,024

66,014

69,316

72,774

76,414

Maintenance Worker II
Biweekly
2,666

2,799

2,939

3,086

3,240
Monthly

5,776

6,065

6,368

6,686

7,020
Annually

69,316

72,774

76,414

80,236

84,240
-79-

Page 46 of 51 ends

Memorandum of Understanding
Public Works and Clerical Unit 20182022-20212024

Office Assistant
Biweekly
2,426

2,547

2,674

2,808

2,948
Monthly

5,256

5,519

5,794

6,084

6,387
Annually

63,076

66,222

69,524

73,008

76,648

Public Works Inspector I
Biweekly
3,146

3,303

3,468

3,641

3,823
Monthly

6,816

7,157

7,514

7,889

8,283
Annually

81,796

85,878

90,168

94,666

99,398

Public Works Inspector II
Biweekly
3,459

3,632

3,814

4,005

4,205
Monthly

7,495

7,869

8,264

8,678

9,112
Annually

89,934

94,432

99,164

104,130

109,338

Senior Accounting Technician
Biweekly
3,288

3,452

3,625

3,806

3,996
Monthly

7,124

7,479

7,854

8,246

8,659
Annually

85,488

89,752

94,250

98,956

103,904

Senior Building and Planning
Technician
Biweekly
3,375

3,544

3,721

3,907

4,102
Monthly

7,313

7,679

8,062

8,465

8,888
Annually

87,750

92,144

96,746

101,582

106,653

Senior Building Inspector/Plan
Checker
Biweekly
4,220

4,431

4,653

4,886

5,130
Monthly

9,143

9,601

10,082

10,586

11,115
Annually

109,720

115,206

120,978

127,036

133,380
PW/Clerical effective first full pay period of 2023
Accounting Technician
Biweekly
3,101

3,256

3,419

3,590

3,769
Monthly

6,719

7,055

7,408

7,778

8,166
Annually

80,626

84,656

88,894

93,340

97,994

Administrative Assistant Bi-
-80-

Page 47 of 51 ends

Memorandum of Understanding
Public Works and Clerical Unit 20182022-20212024
weekly 2,768 2,906 3,051 3,204 3,364
Monthly

5,997

6,296

6,611

6,942

7,289
Annually

71,968

75,556

79,326

83,304

87,464

Building Inspector I
Biweekly
3,530

3,698

3,883

4,077

4,281
Monthly

7,648

8,012

8,413

8,834

9,276
Annually

91,780

96,148

100,958

106,002

111,306

Building Inspector II
Biweekly
3,883

4,077

4,281

4,495

4,720
Monthly

8,413

8,834

9,276

9,739

10,227
Annually

100,958

106,002

111,306

116,870

122,720

Building and Planning Technician I
Biweekly
2,768

2,906

3,051

3,204

3,365
Monthly

5,997

6,296

6,611

6,942

7,290
Annually

71,968

75,556

79,326

83,304

87,478

Building and Planning Technician II
Biweekly
3,045

3,197

3,357

3,525

3,701
Monthly

6,598

6,927

7,274

7,638

8,019
Annually

79,170

83,122

87,282

91,650

96,226

Lead Facilities Worker
Biweekly
3,427

3,598

3,778

3,967

4,165
Monthly

7,425

7,796

8,186

8,595

9,024
Annually

89,102

93,548

98,228

103,142

108,290

Lead Maintenance Worker
Biweekly
3,264

3,427

3,598

3,778

3,967
Monthly

7,072

7,425

7,796

8,186

8,595
Annually

84,864

89,102

93,548

98,228

103,142

Maintenance Worker I
Biweekly
2,515

2,635

2,767

2,905

3,050
Monthly

5,449

5,709

5,995

6,294

6,608
Annually

65,390

68,510

71,942

75,530

79,300
-81-

Page 48 of 51 ends

Memorandum of Understanding
Public Works and Clerical Unit 20182022-20212024

Maintenance Worker II
Biweekly
2,767

2,905

3,050

3,202

3,362
Monthly

5,995

6,294

6,608

6,938

7,284
Annually

71,942

75,530

79,300

83,252

87,412

Office Assistant
Biweekly
2,515

2,641

2,773

2,912

3,058
Monthly

5,449

5,722

6,008

6,309

6,626
Annually

65,390

68,666

72,098

75,712

79,508

Public Works Inspector I
Biweekly
3,264

3,427

3,598

3,778

3,967
Monthly

7,072

7,425

7,796

8,186

8,595
Annually

84,864

89,102

93,548

98,228

103,142

Public Works Inspector II
Biweekly
3,590

3,770

3,958

4,156

4,364
Monthly

7,778

8,168

8,576

9,005

9,455
Annually

93,340

98,020

102,908

108,056

113,456

Senior Accounting Technician
Biweekly
3,410

3,581

3,760

3,948

4,146
Monthly

7,388

7,759

8,147

8,554

8,983
Annually

88,660

93,106

97,760

102,648

107,793

Senior Building and Planning
Technician
Biweekly
3,501

3,676

3,860

4,053

4,256
Monthly

7,586

7,965

8,363

8,782

9,222
Annually

91,026

95,576

100,360

105,378

110,660

Senior Building Inspector/Plan
Checker
Biweekly
4,380

4,599

4,829

5,070

5,323
Monthly

9,490

9,965

10,463

10,985

11,533
Annually

113,880

119,574

125,554

131,820

138,398
PW/Clerical effective first full pay period 2024
Accounting Technician
Biweekly
3,218

3,379

3,548

3,725

3,911
-82-

Page 49 of 51 ends

Memorandum of Understanding
Public Works and Clerical Unit 20182022-20212024
Monthly

6,972

7,321

7,687

8,071

8,474
Annually

83,668

87,854

92,248

96,850

101,686

Administrative Assistant
Biweekly
2,871

3,015

3,166

3,324

3,490
Monthly

6,221

6,533

6,860

7,202

7,562
Annually

74,646

78,390

82,316

86,424

90,740

Building Inspector I
Biweekly
3,663

3,837

4,029

4,230

4,442
Monthly

7,937

8,314

8,730

9,165

9,624
Annually

95,238

99,762

104,754

109,980

115,492

Building Inspector II
Biweekly
4,029

4,230

4,442

4,664

4,897
Monthly

8,730

9,165

9,624

10,105

10,610
Annually

104,754

109,980

115,492

121,264

127,322

Building and Planning Technician I
Biweekly
2,872

3,016

3,167

3,325

3,491
Monthly

6,223

6,535

6,862

7,204

7,564
Annually

74,672

78,416

82,342

86,450

90,764

Building and Planning Technician II
Biweekly
3,159

3,317

3,483

3,657

3,840
Monthly

6,845

7,187

7,547

7,924

8,320
Annually

82,134

86,242

90,558

95,082

99,840

Lead Facilities Worker
Biweekly
3,555

3,733

3,920

4,116

4,322
Monthly

7,703

8,088

8,493

8,918

9,364
Annually

92,430

97,058

101,920

107,016

112,372

Lead Maintenance Worker
Biweekly
3,386

3,555

3,733

3,920

4,116
Monthly

7,336

7,703

8,088

8,493

8,918
Annually

88,036

92,430

97,058

101,920

107,016

-83-

Page 50 of 51 ends

Memorandum of Understanding
Public Works and Clerical Unit 20182022-20212024
Maintenance Worker I
Biweekly
2,609

2,733

2,870

3,014

3,165
Monthly

5,653

5,922

6,218

6,530

6,858
Annually

67,834

71,058

74,620

78,364

82,290

Maintenance Worker II
Biweekly
2,870

3,013

3,164

3,322

3,488
Monthly

6,218

6,528

6,855

7,198

7,557
Annually

74,620

78,338

82,264

86,372

90,688

Office Assistant
Biweekly
2,610

2,741

2,878

3,022

3,173
Monthly

5,655

5,939

6,236

6,548

6,875
Annually

67,860

71,266

74,828

78,572

82,498

Public Works Inspector I
Biweekly
3,386

3,555

3,733

3,920

4,116
Monthly

7,336

7,703

8,088

8,493

8,918
Annually

88,036

92,430

97,058

101,920

107,016

Public Works Inspector II
Biweekly
3,725

3,911

4,107

4,312

4,528
Monthly

8,071

8,474

8,899

9,343

9,810
Annually

96,850

101,686

106,782

112,112

117,718

Senior Accounting Technician
Biweekly
3,539

3,716

3,902

4,097

4,302
Monthly

7,668

8,051

8,454

8,877

9,321
Annually

92,014

96,616

101,452

106,522

111,855

Senior Building and Planning
Technician
Biweekly
3,633

3,815

4,006

4,206

4,416
Monthly

7,872

8,266

8,680

9,113

9,568
Annually

94,458

99,190

104,156

109,356

114,816

Senior Building Inspector/Plan
Checker
Biweekly
4,544

4,771

5,010

5,260

5,523
Monthly

9,845

10,337

10,855

11,397

11,967
Annually
-84-

Page 51 of 51 ends

Memorandum of Understanding
Public Works and Clerical Unit 20182022-20212024
118,144 124,046 130,260 136,760 143,598
-85-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
6 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: MOTION TO RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 AND ASSEMBLY BILL 361 FOR THE CONTINUATION OF VIRTUAL

MEETINGS
SUMMARY: On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.

The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
• An agenda is required to be posted at all locations, including any teleconference locations • Each teleconference location must be identified on the actual agenda • Each teleconference location shall be accessible to the public • A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended allowing Councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum in the jurisdiction. As the City Council is well aware, this allowed the City Council, Administrative Hearing Panel, Architecture & Design Review Board, Citizens Communication Advisory Committee and Financial Advisory Committee meetings to be conducted by Zoom with Councilmembers, board/committee members and staff all joining from remote virtual locations.

The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08-21 which continued to allow for complete virtual meetings until September 30, 2021.

With the expiration of the Governor’s Executive Order along with the uncertainty that surrounded the Governor’s potential recall, the State Legislature also took the remote meeting issue into its own hands through the adoption of Assembly Bill 361, which is explained in more depth in the Analysis section below.

On October 11, 2021, the City Council adopted Resolution No. 21-87, making findings that state or local officials continue to recommend social distancing measures to prevent the spread of COVID- -87-
Agenda Staff Report - Hillsborough City Council
January 10, 2022

Page 2 ends

19 and including reference in particular to Cal-OSHA regulation 3205 which recommends physical distancing in the workplace. On November 8, 2021, November 22, 2021 and December 13, 2021, the City Council reconfirmed the findings of Resolution No. 21-87. By motion and majority vote, the City Council may renew the findings of Resolution No. 21-87 to continue to hold virtual meetings pursuant to AB 361.

ANALYSIS
On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The Governor by executive order signed on September 20, 2021, suspended the effective date of AB 361 to October 1, 2021. As a result, if the Town desires to have virtual meetings on or after October 1, 2021, it must do so consistent with the requirements of AB 361.

AB 361 preserves many of the provisions of the earlier executive orders, including the suspension of the four teleconferencing requirements noted above, while also adding new requirements to the management of remote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands. Specifically, AB 361 imposes two new rules on remote public meetings:

1. Local governments and agencies hosting teleconference meetings in lieu of traditional in-person public meetings must permit direct public comment during the teleconference, and must leave open the opportunity for public comment until the comment period for a given item is closed during the ordinary course of the meeting. The opportunity to make public comment must be of a sufficient duration so as to allow actual public participation.

2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call-in option or an internet-based service option. If a technical disruption within the agency’s control prevents members of the public from either viewing the meeting of the public agency, or prevents members of the public from offering public comment, the agency must cease all action on the meeting agenda until the disruption ends and the broadcast is restored. Action taken during an agencycaused disruption may be challenged as a violation of the Brown Act.

In order to continue to qualify for AB 361’s waiver of in-person meeting requirements, the City Council must, within thirty (30) days of its first meeting under AB 361, and every thirty (30) days thereafter, make findings that (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees.

The above conditions continue to exist at this time, and staff recommends approval of a motion to reconfirm the findings made in Resolution No. 21-87 so that the City Council and all other Town legislative bodies may continue to meet virtually.
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Lastly, it is important to note that AB 361 is optional. If the City Council wishes, it may meet in person. In addition, hybrid meetings are permissible.

FISCAL IMPACT: The City Council’s approval of a motion to continue with virtual meetings will maintain the status quo and no financial impact is anticipated by approval of the motion.

ENVIRONMENTAL ISSUES: The City Council’s adoption of the resolution is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment. Further, virtual meetings are likely to reduce certain impacts associated with vehicular travel related to in-person public meetings.

ATTACHMENTS: Resolution No. 21-87
PREPARED BY: Christopher J. Diaz, City Attorney
RECOMMENDATION: Approve a motion to reconfirm the findings and determinations made in Resolution No. 21-87, pursuant to Assembly Bill 361, for the continuation of virtual meetings. -89-
RESOLUTION NO. 21-87

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR

THE CONTINUATION OF VIRTUAL MEETINGS FOR ALL LEGISLATIVE BODIES WHEREAS, the Ralph M. Brown Act (Gov. Code§ 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and
WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361 ), which amended Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the Town of Hillsborough has considered the circumstances of the state of emergency; and
WHEREAS, state or local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19, in particular, Cal-OSHA regulation 3205 recommends physical distancing in the workplace generally and regulates a "close contact" defined as being within 6 feet of another under certain circumstances; and
WHEREAS, in order to continue to impose social distancing while holding in-person meetings there is a high likelihood that members of the public would not all be able to be present in the meetings spaces; and
WHEREAS, the continuation of virtual meetings will allow for full participation by members of the public until social distancing recommendations are no longer necessary; and
WHEREAS, the City Council of the Town of Hillsborough desires that all Town legislative bodies continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough hereby finds, determines, and resolves as follows:
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1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. The City Council and all other legislative bodies of the Town of Hillsborough who are required to hold open and public meetings, shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.

3. This resolution shall become effective upon adoption.

This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 11th day of October 2021, by the following vote of the members thereof:

AYES: Councilmembers Royse, Kralik, Chuang, Cole
NOES: Councilmembers None
-------------------
ABSENT: Councilmembers Ma
-~-----------------
ABSTAIN: Councilmembers None
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
7 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: ORDINANCE AMENDING TITLE 16 (“SUBDIVISIONS”) AND TITLE 17 (“ZONING”) OF THE HILLSBOROUGH MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT AND SECOND UNIT PROJECTS TO IMPLEMENT SENATE BILL 9; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA – ADOPTION SUMMARY:

Background: Over the past several years, the California Legislature has passed various laws to encourage the development of more residential units throughout the State. On September 16, 2021, the Governor signed Senate Bill 9, Atkins (SB9) and will go into effective for all local jurisdictions on January 1, 2022. The Town responded to this new legislation with an Urgency and Standard Ordinance Update to Title 16 “Subdivisions” and Title 17 “Zoning.” On December 13, 2021, the City Council held a public hearing and introduced to adopt an urgency ordinance consistent with Government Code Section 36937(b) to address SB9. The urgency ordinance went into effect immediately upon adoption by unanimous vote of the City Council. At the same meeting, the City Council introduced and waived further reading of a regular ordinance to address SB9. The final adoption of the regular ordinance was noticed for January 10, 2022.

Discussion:

Typically, any division of land needs to propose new lots that comply with the minimum lot sizes and minimum lot widths required by the Town’s Municipal Code. Compliant with existing State law, the Town’s Municipal Code currently requires any Subdivisions to be reviewed through a discretionary process that includes review of a Conceptual Map, Tentative Map or Vesting Tentative Map, and a Final Map prior to recordation with the County.

Under SB9, the Town’s minimum lot sizes and lot width requirements do not need to be met. SB9 removes many requirements to dividing an existing single-family residential lot from one lot to two lots, including the discretionary review process; local agencies may only impose objective standards on eligible projects.

SB9 requires local jurisdictions to ministerially (staff-level) approve Parcel Maps for the division single-family residential lots into two lots, which are referred to as “SB9 Lot Splits," if the proposed division of land complies with specific requirements as detailed below. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director of Building and Planning, without discretionary review.

In addition, under SB9 all local agencies must approve certain two-unit projects ministerially (stafflevel) and approve construction of up to two residential units that are equal to or less than 800 -93-
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square feet each on all single-family residential lots, whether the lot has been divided or not. An SB9 lot split + an SB9 two-unit project on each of the two new lots could result in 4 total dwellings on a former single-family residential lot.

To qualify for ministerial approval under SB9, the project must satisfy a number of qualifying criteria including, but not limited to the following:

Lot Location:
• The project site is zoned Single Family Residential;
• The project site is not a historic property or within a historic district or land identified for conservation;
• The project site is not an environmentally sensitive area, a hazardous site, within a delineated earthquake fault zone, or within a 100-year flood zone; • The lot to be split was not established through a prior urban lot split; • The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

Additional specific exclusions are outlined Government Code Section 65913.4(a)(6)(B) through (K) Government Code Section and excludes SB9 Lot Splits in areas such as Very High Fire Hazard Severity Zones (VHFHSZ), unless the site complies with all fire-hazard mitigation measures required by existing building standards. For example, if a project includes new SB9 residential units that comply with all fire protection measures required in a VHFHSZ for such construction, the lot could be split under SB9.

The Town’s Municipal Code already requires that all new construction on a lot in a very high fire hazard severity zone must comply with all fire-hazard mitigation measures.

Lot Size/Access:
• The lot to be split must be at least 2,400 square feet; • The resulting lots must each be at least 1,200 square feet; • Each resulting lot must be between 40% and 60% of the original lot area; • Each resulting lot adjoins the public right of way and have frontage on the public right of way of at least 50 feet;
• Each resulting lot can be served by all required utilities; • Each resulting lot can accommodate at least one (or up to two) residential unit(s) of at least 800 square feet (each);
• Lot lines must be proposed in locations that still allow for building code compliance of existing structures.

Setbacks:
• Side/Rear setbacks of 20-feet (except as necessary to allow two units at 800 sq. ft. each; no less than 4 feet);
• Front setback of 30 feet.

Lot Coverage: 50% Maximum lot coverage allowed for total combined hardscape + structural.

No Impact on Protected Housing:
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• The project would not require demolition or alteration of any housing that is income-restricted for households of moderate, low, or very low income;
• The project would not require demolition or alteration of any housing that has been occupied by a rental tenant in the last three years.

Parking: Each new primary dwelling unit must have at least one off-street parking space, unless exempt no parking is required for projects within a half-mile walking distance of a high-quality transit corridor or a major transit stop.

Architecture & Landscaping:
• Lot with an existing legal primary dwelling: Any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. • Lot with no existing: If two new primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. • Required landscape screening and limitations on tree removal.

Use: Residential-only. The rental of any unit created must be for a term longer than 30 days (no short-term rentals allowed).

Owner occupancy:
• SB9 lot split - The applicant must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved; • Two-unit project - Individual property owners must occupy one of the dwellings on the lot as the owners’ legal principal residence.

Separate Conveyance Within a Lot: Primary dwelling units on the lot may not be owned or conveyed separately from each other; no condos, no timeshares or separate-use co-ownerships.

Deed Restriction: Required; specifying no short-term rental, non-residential use, or separate conveyance; and that development limited to SB9 projects.

FISCAL IMPACT: There is no fiscal impact associated with adoption of the ordinance.

ENVIRONMENTAL ISSUES: Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21 (SB9) and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”).

ATTACHMENTS: Ordinance
PREPARED BY: Liz Ruess, Long-range Planning & Special Projects RECOMMENDATION: Adopt the ordinance entitled "Ordinance Amending Title 16 (“Subdivisions”) and Title 17 (“Zoning”) of the Hillsborough Municipal Code Relating to Urban Lot Splits and Two- -95-
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Unit and Second Unit Projects to Implement Senate Bill 9; and Finding the Action to be Exempt from CEQA.”
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ORDINANCE NO. _____

ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING TITLE 16 (“SUBDIVISIONS”) AND TITLE 17 (“ZONING”) OF THE

HILLSBOROUGH MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT AND SECOND UNIT PROJECTS TO IMPLEMENT SENATE BILL 9; AND

FINDING THE ACTION TO BE EXEMPT FROM CEQA
THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH DOES ORDAIN as follows:

WHEREAS, the Town of Hillsborough, California (“Town”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 takes effect January 1, 2022, and preempts any conflicting town ordinance; and
WHEREAS, the Town desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 Law because if the Town does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9 as of January 1, 2022, the Town would thereafter be limited to applying the few objective standards that already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and
WHEREAS, the approval of urban lot splits and two-unit projects based solely on the Town’s default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and
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WHEREAS, the City Council has reviewed and considered the public testimony and agenda reports prepared in connection with this ordinance, including the policy considerations discussed therein; and
NOW, THEREFORE, the City Council of the Town of Hillsborough does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels.

Section 3. Title 16 “Subdivisions” of the Hillsborough Municipal Code is hereby amended and restated to add Chapter 16.44 “Urban Lot Splits” as provided in Exhibit “A” and Title 17 “Zoning” is hereby amended and restated to add Chapter 17.54 “Two-unit Projects” as provided in Exhibit “B,” attached hereto and incorporated herein by reference.

Section 4. This ordinance shall take effect 30 days following its adoption.

Section 6. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 7. The City Council hereby directs staff to prepare, execute and file with the San Mateo County Clerk a Notice of Exemption within five working days of first reading of this ordinance.

Section 8. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, -98-
the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 9. The documents and materials that constitute the record of proceedings on which this Ordinance and the above findings have been based are located at 1600 Floribunda Avenue, Hillsborough, California, in the City Clerk Department. __________________________________
Mayor of the Town of Hillsborough
______________________________
Attest: City Clerk
ORDINANCE NO. ___ of the Town of Hillsborough introduced on December 13, 2021, and adopted on _____________, by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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EXHIBIT A
Amendments to Municipal Code
(follows this page)
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TITLE 16 - SUBDIVISIONS
Chapter 16.44 - Urban Lot Splits

16.44.010 Purpose. The purpose of this chapter is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

16.44.020 Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this chapter.

16.44.030 Application.

A. Owners.

1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.

B. An application for an urban lot split must be submitted on the town’s approved form. Only a complete application will be considered. The town will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

C. The town may establish a fee to recover its costs for adopting, implementing, and enforcing this chapter of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

16.44.040 Approval.

A. An application for a parcel map for an urban lot split is approved or denied ministerially, by the director of building and planning, without discretionary review.

B. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this chapter. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.
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C. The approval must require the owner and applicant to hold the town harmless from all claims and damages related to the approval and its subject matter.

D. The approval must require the owner and applicant to reimburse the town for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

16.44.050 Requirements. An urban lot split must satisfy each of the following requirements:

A. Map Act Compliance.

1. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this chapter.

2. If an urban lot split violates any part of the SMA, the town’s subdivision regulations, including this chapter, or any other legal requirement:
a. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
b. The town has all the remedies available to it under the SMA, including but not limited to the following:
i. An action to enjoin any attempt to sell, lease, or finance the property.
ii. An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
iii. Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
iv. Record a notice of violation.
v. Withhold any or all future permits and approvals.
c. Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

B. Zone. The lot to be split is in a single-family residential zone. -102-
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C. Lot Location.

1. The lot to be split is not located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
i. been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
ii. meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.

2. The purpose of subpart C.1. above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)

3. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.
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D. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a town or county landmark or as a historic property or district.

E. No Prior Urban Lot Split.

1. The lot to be split was not established through a prior urban lot split.

2. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

F. No Impact on Protected Housing.

1. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

2. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart F.1 above is satisfied.
a. The sworn statement must state that:
b. No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
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c. No housing that is subject to any form of rent or price control will be demolished or altered.
d. No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
e. No housing that has been occupied by a tenant in the last three years will be demolished or altered.

3. The town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

G. Lot Size.

1. The lot to be split must be at least 2,400 square feet.

2. The resulting lots must each be at least 1,200 square feet.

3. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

H. Easements.

1. The owner must enter into an easement agreement with each publicservice provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

2. Each easement must be shown on the tentative parcel map.

3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart A above.

I. Lot Access.

1. Each resulting lot must adjoin the public right of way.

2. Each resulting lot must have frontage on the public right of way of at least 50 feet.

J. Unit Standards.

1. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, -105-
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“unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Chapter 17.54 of this code, an ADU, or a JADU.

2. Unit Size.
a. The total floor area of each primary dwelling that is developed on a resulting lot must be
i. less than or equal to 800 square feet and
ii. more than 500 square feet.
b. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
c. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

3. Height Restrictions.
a. On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
b. On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

4. Lot Coverage. The lots that result from an urban lot split under this chapter must comply with the lot-coverage regulations imposed through the underlying zone, except that the lot-coverage standards are only enforced to the that they do not prevent two primary dwelling units on the lot at 800 square feet each.

5. Setbacks.
a. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
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b. Exceptions. Notwithstanding subpart J.5.a above:
i. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. ii. 800 sq. ft.; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 sq. ft. in floor area; but in no event may any structure be less than four feet from a side or rear property line. c. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 30 feet from the front property lines. Front setback areas must:
i. be kept free from all structures greater than three feet high; ii. be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
iii. allow for vehicular and fire-safety access to the front structure.

6. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either i. a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
ii. a site that contains
(1) an existing rail or bus rapid transit station,
(2) a ferry terminal served by either a bus or rail transit service, or
(3) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
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or less during the morning and afternoon peak
commute periods.
(4) The site is located within one block of a car-share vehicle location.

7. Architecture.
a. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
b. If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
c. All exterior lighting must be limited to down-lights. d. No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
e. If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

8. Landscaping.
a. Tree Removal.
i. No tree may be removed on a lot with any development under this chapter unless removal is necessary to
constructing a dwelling unit that must be allowed under state law.
ii. "Tree" means any woody plant which has a trunk with a diameter of twelve inches or more measured at four feet, six inches above natural grade.
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iii. A tree may only be removed under subparagraph (J)(8)(a) above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree.
b. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
i. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
ii. Plant specimens must be at least six feet tall when installed.

As an alternative, a solid fence of at least 6 feet in height may be installed.
iii. All landscaping must be drought-tolerant.

9. Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected.

10. Utilities.
a. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. b. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

11. Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

K. Fire-Hazard Mitigation Measures.

1. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a. It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
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b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. c. All enclosed structures on the site must have fire sprinklers. d. All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

2. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart K. The town or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the town’s costs for inspection.

Failure to pay is grounds for denying the application.

L. Separate Conveyance.

1. Within a resulting lot.
a. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. b. Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
c. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. d. No timeshare, as defined by state law or this code, is permitted.

This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

2. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is -110-
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necessary to allocate rights and responsibility between the owners of the two lots.

M. Regulation of Uses.

1. Residential-only. No non-residential use is permitted on any lot created by urban lot split.

2. No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

3. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

N. Notice of Construction.

1. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a. Notice that construction has been authorized,
b. The anticipated start and end dates for construction, c. The hours of construction,
d. Contact information for the project manager (for constructionrelated complaints), and e. Contact information for the Building & Safety Department.

2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

Approval is ministerial. Under state law, the town has no discretion in approving or denying a particular project under this chapter. This notice requirement is purely to promote neighborhood awareness and expectation.

O. Deed Restriction. The owner must record a deed restriction on each lot that results from an urban lot split, on a form approved by the town, that does each of the following:

1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
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2. Expressly prohibits any non-residential use of the lots created by the urban lot split.

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4. States that the property is formed by an urban lot split and is therefore subject to the town’s urban lot split regulations, including all applicable limits on dwelling size and development.

5. States that development on the lot is limited to development of residential units under Chapter 17.54 of this code, except as required by state law.

P. Specific Adverse Impacts.

1. Notwithstanding anything else in this chapter, the town may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. -112-

EXHIBIT B
Amendments to Municipal Code
(follows this page)
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TITLE 17 - ZONING
Chapter 17.54 – Two-unit Projects

17.54.010 Purpose. The purpose of this chapter is to allow and appropriately regulate twounit projects in accordance with Government Code section 65852.21.

17.54.020 Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this chapter.

17.54.030 Application.

A. Owners.

1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. Any person with a mortgage interest in the property must sign the application indicating the person’s consent to the project.

B. An application for a two-unit project must be submitted on the town’s approved form.

C. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

D. Only a complete application will be considered. The town will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

E. The town may establish a fee to recover its costs for adopting, implementing, and enforcing this chapter of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

17.54.040 Approval.

A. An application for a two-unit project is approved or denied ministerially, by the director of building and planning, without discretionary review. -114-
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B. The ministerial approval of a two-unit project does not take effect until the town has confirmed that the required documents have been recorded, such as the deed restriction and easements.

C. The approval must require the owner and applicant to hold the town harmless from all claims and damages related to the approval and its subject matter.

D. The approval must require the owner and applicant to reimburse the town for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

17.54.050 Requirements. A two-unit project must satisfy each of the following requirements:

A. Map Act Compliance. The lot must have been legally subdivided.

B. Zone. The lot is in a single-family residential zone.

C. Lot Location.

1. The lot is not located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
i. been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
ii. meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
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g. Within a regulatory floodway unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.

2. The purpose of subpart C.1. above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
D. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a town or county landmark or as a historic property or district.

E. No Impact on Protected Housing.

1. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
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2. As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.1 above is satisfied.
a. The sworn statement must state that:
b. No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
c. No housing that is subject to any form of rent or price control will be demolished or altered.
d. No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
e. No housing that has been occupied by a tenant in the last three years will be demolished or altered.

F. Unit Standards.

1. Quantity.
a. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this chapter of this code, an ADU, or a JADU.
b. A lot that is not created by an urban lot split may have a two-unit project under this chapter, plus any ADU or JADU that must be allowed under state law and the town’s ADU ordinance.

2. Unit Size.
a. The total floor area of each primary dwelling built that is developed under this chapter must be
i. less than or equal to 800 square feet and
ii. more than 500 square feet.
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b. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project.

The unit may not be expanded.
c. A primary dwelling that was legally established prior to the twounit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

3. Height Restrictions.
a. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
b. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

4. Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

5. Lot Coverage. The lots that result from an urban lot split under this chapter must comply with the lot-coverage regulations imposed through the underlying zone, except that the lot-coverage standards are only enforced to the that they do not prevent two primary dwelling units on the lot at 800 square feet each.

6. Setbacks.
a. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
b. Exceptions. Notwithstanding subpart F.6.a.above:
i. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. -118-
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ii. 800 sq. ft.; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 sq. ft. in floor area; but in no event may any structure be less than four feet from a side or rear property line. c. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this chapter must be at least 30 feet from the front property lines. Front setback areas must:
i. be kept free from all structures greater than three feet high; ii. be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
iii. allow for vehicular and fire-safety access to the front structure.

7. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either i. a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
ii. a site that contains
(a) an existing rail or bus rapid transit station,
(b) a ferry terminal served by either a bus or rail transit service, or
(c) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
b. The site is located within one block of a car-share vehicle location.

8. Architecture.
a. If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, -119-
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color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
b. If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
c. All exterior lighting must be limited to down-lights. d. No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property.

Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
e. If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

9. Landscaping.
a. Tree Removal.
i. No tree may be removed on a lot with any development under this chapter unless removal is necessary to
constructing a dwelling unit that must be allowed under state law.
ii. "Tree" means any woody plant which has a trunk with a diameter of twelve inches or more measured at four feet, six inches above natural grade.
iii. A tree may only be removed under subparagraph (J)(9)(a) above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree.
b. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
i. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
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ii. Plant specimens must be at least six feet tall when installed.

As an alternative, a solid fence of at least 6 feet in height may be installed.
iii. All landscaping must be drought-tolerant.

10. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

11. Utilities.
a. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
b. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

12. Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this chapter is a change of use and subjects the whole of the lot, and all structures, to the town’s current code.

G. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

1. It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

2. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

3. All enclosed structures on the site must have fire sprinklers.

4. All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.

5. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

H. Separate Conveyance.
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1. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

2. Condominium airspace divisions and common interest developments are not permitted within the lot.

3. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

4. No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

I. Regulation of Uses.

1. Residential-only. No non-residential use is permitted on the lot.

2. No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.

3. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

J. Notice of Construction.

1. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a. Notice that construction has been authorized,
b. The anticipated start and end dates for construction, c. The hours of construction,
d. Contact information for the project manager (for constructionrelated complaints), and e. Contact information for the Building & Safety Department.

2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

Approval is ministerial. Under state law, the town has no discretion in approving or denying a particular project under this chapter. This notice -122-
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requirement is purely to promote neighborhood awareness and expectation.

K. Deed Restriction. The owner must record a deed restriction, on a form approved by the town, that does each of the following:

1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

2. Expressly prohibits any non-residential use of the lot.

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.

5. If the lot is created by an urban lot split: States that the property is formed by an urban lot split and is therefore subject to the town’s urban lot split regulations, including all applicable limits on dwelling size and development.

6. States that development on the lot is limited to development of residential units under Chapter 17.54 of this code, except as required by state law.

L. Specific Adverse Impacts.

1. Notwithstanding anything else in this chapter, the town may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. -123-
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M. Remedies.

If a two-unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The town may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the town’s code.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
8 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH D’ARCY & HARTY, INC. FOR THE 2020-2021 SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT – PHASE 1B IN THE AMOUNT OF $2,393,901.89 SUMMARY: This project included replacement and rehabilitation of approximately 12,500 linear feet of damaged and/or deteriorated sanitary sewer main. The sewer segments are located both within the public right-of-way and easement areas within the Town’s wastewater basin discharging to the City of San Mateo Treatment Plant. Additionally, the project included the rehabilitation of manhole structures and replacement of lower service laterals and cleanouts.

Investigatory and evaluation work for this project was completed in 2019 by Town staff and a consulting engineer. This project was identified as part of a flow reduction program to the San Mateo Treatment Plant and was designed by EKI Environment & Water Inc. Completion of this project will result in prevention of groundwater entering the Town’s sewer system through cracks and broken segments of old clay pipes.

FISCAL IMPACT: The project was awarded to D’Arcy & Harty, Inc. on April 12, 2021, in the amount of $2,185,760.00 with a 10% contingency in the amount of $218,576.00, for a total allocation of $2,404,336.00. During the construction phase of the project, staff determined additional related sewer segments required replacement which were included in the scope. The project, including the additional sewer segments, was successfully completed in the amount of $2,393,901.89 which is below the authorized budget with contingency. Funding was allocated from the approved Capital Improvement Program budget, Priority Basins Inflow & Infiltration Program (#606.47).

ENVIRONMENTAL ISSUES: This action is categorically exempt from CEQA according to Section 15302 of the California Code of Regulations.

ATTACHMENTS: Resolution
PREPARED BY: Natalie Gribben, Senior Civil Engineer
RECOMMENDATION: Adopt the resolution accepting as complete the contract with D’Arcy & Harty, Inc. for the 2020-2021 Sanitary Sewer Rehabilitation and Replacement Project – Phase 1B, the final amount of which is $2,393,901.89, and authorizing staff to file a Notice of Completion for the Project and release withheld retention in accordance with state prompt payment laws. -125-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ACCEPTING AS COMPLETE THE CONTRACT WITH DARCY & HARTY, INC.

FOR THE 2020-2021 SANITARY SEWER REHABILITATION AND
REPLACEMENT PROJECT – PHASE 1B IN THE AMOUNT OF 2,393,901.89 WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s sanitary sewer system; and
WHEREAS, the capital improvement budget identified a program to evaluate segments of pipe and associated infrastructure at various locations in Hillsborough; and
WHEREAS, plans and specifications were developed for the 2020-2021 Sanitary Sewer Rehabilitation And Replacement Project – Phase 1B (Project) to replace deficient and undersize lines in the Town’s sanitary sewer system at various locations in San Mateo (South) sewershed; and WHEREAS, the Project was publicly bid and advertised in accordance with the Uniform Public Construction Cost Accounting Act, and the Town received nine sealed bids for the Project; and
WHEREAS, D’Arcy & Harty, Inc. (“Contractor”) submitted the lowest bid in the amount of $2,185,760.00; and
WHEREAS, staff reviewed the bids and determined that D’Arcy & Harty, Inc. (“Contractor”) was the lowest responsible bidder submitting a responsive bid in the amount of $2,185,760.00 and established a 10% contingency for a total Project budget amount of $2,404,336.00; and
WHEREAS, the contract for the Project was awarded to D’Arcy & Harty on April 12, 2021; and
WHEREAS, a Notice to Proceed was issued to D’Arcy & Harty and the Project progressed until completed for the amount of $2,393,901.89.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby accept as complete the contract with D’Arcy & Harty, Inc. for the 2020-2021 Sanitary Sewer Rehabilitation and Replacement Project - Phase 1B, the final amount of which is $2,393,901.89, and authorizes staff to file a Notice of Completion for the Project and directs staff to release withheld retention in accordance with state prompt payment laws.

Mayor of the Town of Hillsborough
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Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 10th day of January 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-127-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
9 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH TESCO CONTROLS, INC. FOR AS-NEEDED

SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM SUPPORT SERVICES AND APPROVING A FY 2021-22 BUDGET AMENDMENT IN THE WATER FUND CIP #704.21 IN THE AMOUNT OF $298,165.00
SUMMARY: The Town of Hillsborough’s potable water system is a complex system with varying components and topography. The system has 19 separate but interconnected pressure zones with 10 water storage sites, 18 water tanks, and 14 water pump stations. The potable water system is managed and controlled by a Supervisory Control and Data Acquisition (SCADA) System. The SCADA system also allows the Town to monitor and control its three sanitary sewer pump stations.

The SCADA system facilitates automated controls of the Town's most important infrastructure components and it allows for quick adjustments during crucial times such as weather events, unplanned emergencies, and planned events such as PG&E's Power Safety Power Shutoff (PSPS) outages.

On May 10, 2021, the City Council approved an agreement with Tesco, Inc. for as-needed support services for required ongoing maintenance, support, and upgrades for the system's software and hardware in the amount of $100,000 per year. The term of the proposed agreement is two years with the ability to extend the agreement for one additional year upon written mutual consent of both parties.

Since that time, the Town, in coordination with Tesco, Inc., has gained a better understanding of the current SCADA system condition, vulnerabilities, and necessary maintenance and support services. The necessary services include:
• Topview Voice Alarm AutoDialer Conversion
• SCADA Instrument Calibration and Repairs
• Infrared Thermal Scanning and Repairs
• Wonderware Software & Server System Upgrade
• Radio System Study and Repairs
• Cybersecurity Study and Repairs
• SCADA System Training
• 3 Years As-Needed General SCADA Support and Maintenance The necessary repairs and ongoing system support, maintenance, and upgrades are estimated to cost $498,165 over a three-year period. Many of the repairs and services will need to occur within the first and second years and will provide long term solutions for the Town’s SCADA system. After -129-
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January 10, 2022

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this initial assessment and the associated upfront costs, the long term continued maintenance support is anticipated to be well under the originally approved budget of $100,000 per year. As such, staff recommends that the existing contract be amended to a total not-to-exceed amount of $498,165 for a three-year term, beginning on the execution date of the original contract.

FISCAL IMPACT: The as-needed SCADA Support Services budget currently has a total of $200,000 allocated for the project from the Water Fund, CIP #704.21. The anticipated cost of the services over the next three years has increased to $498,165 based on an initial assessment of the Town’s SCADA system. To meet budget compliance in FY 2021-22, it is recommended that the City Council approve a budget amendment in the Water Fund CIP #704.21 in the amount of $298,165 for total budget allocation of $498,165 for the SCADA Support Services. The adopted budget has adequate reserves in the Water Fund to support the budget amendment.

ENVIRONMENTAL ISSUES: The action is categorically exempt from the California Environmental Quality Act according to Section 15301 of the California Code of Regulations.

ATTACHMENTS: Resolution
PREPARED BY: Natalie Gribben, Senior Civil Engineer
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to amend the existing agreement with Tesco Controls, Inc. for as-needed Supervisory Control and Data Acquisition (SCADA) system support services for a total not-to-exceed amount of $498,165 and approving a FY 2021-22 budget amendment in the Water Fund CIP #704.21 in the amount of $298,165.00.
-130-
1 RESOLUTION NO. XX

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH 1) APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH TESCO CONTROLS, INC. FOR AS-NEEDED

SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM SUPPORT SERVICES 2) APPROVING A FY 2021-22 BUDGET AMENDMENT IN THE WATER FUND CIP #704.21 IN THE AMOUNT OF $298,165.00.

WHEREAS, the Town of Hillsborough (“Town”) owns and operates a Supervisory Control and Data Acquisition (SCADA) System; and
WHEREAS, the SCADA system also allows the Town to control and monitor its water distribution system and three sanitary sewer pump stations; and WHEREAS, the Town’s current SCADA system was designed in 2009 and installed thereafter and the system requires as needed maintenance and support; and
WHEREAS, on May 10, 2021, the City Council authorized the City Manager to enter into a contract agreement with Tesco Controls, Inc. for as needed support services for required ongoing maintenance, support, and upgrades for the system’s software and hardware for $100,000 per year, for two years with an option to renew for a third year; and
WHEREAS, the Town, in coordination with Tesco Control, Inc., has gained a better understanding of the SCADA systems condition and needed improvements; and
WHEREAS, the as needed improvement and maintenance is now estimated to be $498,165 over three years, with a majority of the improvements occurring during the first two fiscal years of the contract; and
WHEREAS, funding will require approval of a budget amendment for FY 2021-22 to the Water Fund (CIP #704.21) in the amount of $298,165; and, WHEREAS, the adopted budget has adequate reserves in the Water Fund to support the budget amendment.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Town of Hillsborough hereby:

1. Approve and authorize the City Manager to amend the existing agreement with Tesco Controls, Inc. for as-needed Supervisory Control and Data Acquisition (SCADA) system support services for a total not-to-exceed amount of $498,165.
-131-
2 2. Approve a FY 2021-22 budget amendment in the Water Fund CIP #704.21 in the amount of $298,165.00.

Mayor of the Town of Hillsborough

Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 10th day of January, 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-132-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
10 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION RATIFYING THE EMERGENCY CONTRACT WITH EPS, INC.

FOR EMERGENCY SEWER LIFT STATION REPAIRS AND REPLACEMENT AT THE POLICE DEPARTMENT IN THE AMOUNT OF $72,850.00 PLUS A 20% CONTINGENCY IN THE AMOUNT OF $14,570.00, FOR A TOTAL PROJECT COST OF $87,420.00 SUMMARY: On December 9, 2021, the Public Works Department was notified of a failed pump at the sewer lift station at the Police Department at 1600 Floribunda Avenue. Staff immediately solicited qualified contractors to provide an assessment of the issue and a recommended solution for repair. Staff received one written response below. Staff received verbal interest from one other contractor who did not submit a response in writing.

EPS, Inc. - $72,850.00
EPS, Inc. proposed to modify the existing fiber glass tank which was determined to be in reusable condition, replace the two existing pumps, and update associated plumbing and electrical appurtenances as necessary. The Town’s Engineering Division and Sewer Department reviewed the proposal and found these maintenance services appropriate. Staff verified that EPS, Inc.’s qualifications and experience levels are satisfactory. EPS, Inc. has previously completed projects in the Town in a timely manner and with positive results and staff recommends approval of this emergency work.

Pursuant to Public Contract Code section 22035, the Town can elect to forgo strict competitive bidding in the event of an emergency provided the Town complies with the procedures set forth in Public Contract Code section 22050. On September 9, 2021, by Resolution 21-77, the City Council unanimously delegated the City Manager the authority to make specified emergency findings and enter into any contracts for the procurement of necessary equipment, services, and supplies without engaging in a competitive procurement process. Whenever the City Manager, or his or her designee, takes emergency action under Public Contract Code section 22050, the City Manager, or his or her designee, shall report to the City Council within seven days or at the next regularly scheduled meeting of the City Council if that meeting will occur no later than fourteen days after the action and at every regularly scheduled meeting thereafter until the action is terminated to determine by a four-fifths vote of the City Council if there is a need to continue the action or until the action is completed.

On December 27, 2021, the City Manager took emergency action under Public Contract Code section 22050 and authorized EPS, Inc. to move forward with scheduling the work. Any delays resulting from a competitive solicitation for bids would endanger the public health, safety and welfare of staff and visitors and additional damage to property at the Town's Police Station. Over -133-
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January 10, 2022

Page 2 ends

the past four weeks, Public Works staff have manually monitored alarms on the system, and provided temporary pumping of the below ground tank to allow for continued sanitary sewer operations at the Police Station. The temporary pumping is not sustainable and replacement of the pumps and other sanitary sewer infrastructure is necessary for health and safety.

FISCAL IMPACT: It is recommended funding be allocated from the operations budget for Wastewater Collection – Contractual – General in the amount of $72,850.00, with a 20% contingency in the amount of $14,570.00, if needed, for a total allocation of $87,420.00.

ENVIRONMENTAL ISSUES: The action is categorically exempt from the California Environmental Quality Act according to Section 15301 of the California Code of Regulations.

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution ratifying the emergency contract with EPS, Inc. for emergency sewer lift station repairs and replacement at the Police Department in the amount of $72,850.00 plus a 20% contingency in the amount of $14,570.00 for a total project cost of $87,420.00.
-134-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH RATIFYING THE EMERGENCY CONTRACT WITH EPS, INC. FOR EMERGENCY

SEWER LIFT STATION REPAIRS AND REPLACEMENT AT THE POLICE DEPARTMENT IN THE AMOUNT OF $72,850.00 PLUS A 20% CONTINGENCY IN THE AMOUNT OF $14,570.00, FOR A TOTAL PROJECT COST OF $87,420.00 WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s wastewater conveyance system; and
WHEREAS, the Town was made aware of a failed sewer lift station at the Police Department that required immediate repair to protect the public health, safety and welfare and property in the form of the Town’s Police Station, staff and its visitors; and
WHEREAS, pursuant to Public Contract Code section 22050, the Town, by four-fifths vote of its governing body, may enter into a public works contract without engaging in competitive bidding if it finds that an emergency situation exists that poses a threat to public health, safety and welfare or property and that the emergency will not permit a delay resulting from a competitive solicitation for bids; and
WHEREAS, the City Council delegated authority to the City Manager, or designee, to take emergency action in accordance with Public Contract Code section 22050; and
WHEREAS, based on the emergency conditions that would not allow the delay resulting from a traditional competitive solicitation of bids, staff immediately solicited qualified contractors to provide an assessment of the issue and a recommended solution for repair; and
WHEREAS, staff received one written response from EPS, Inc. in the amount of $72,850.00; and
WHEREAS, on December 27, 2021, the City Manager took emergency action to enter into a contract with EPS, Inc. to address the emergency condition resulting from the failed sewer lift station at the Police Department; and WHEREAS, the Emergency Sewer Lift Station Repair at the Police Department (“Project”) proposes to modify the existing fiber glass tank, determined to be in reusable condition, replace the two existing pumps, and update associated plumbing and electrical appurtenances as necessary; and WHEREAS, funding will be allocated from the operations budget for Wastewater Collection – Contractual – General in the amount of $72,850.00, with a 20% contingency in the amount of $14,570.00, if needed, for a total allocation of $87,420.00.
-135-
2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby:

1. Finds the foregoing recitals to be true and correct and incorporated as if fully set forth herein.

2. Determines, pursuant to Public Contract Code section 22050, that the damaged sewer lift station constitutes an emergency condition that poses a threat to public health, safety and welfare and property and that such condition did not permit a delay resulting from a competitive solicitation of bids.

3. Ratifies the City Manager’s emergency action to enter into an emergency contract on behalf of the Town with EPS, Inc. for the Project in the amount of $72,850.00, with a 20% contingency in the amount of $14,570.00, if needed, for a total allocation of $87,420.00, allocating funds from the operations budget for Wastewater Collection.

4. Authorizes and directs Town staff to take any actions necessary to complete the Project and remediate the emergency conditions.

5. Directs Town staff to report to the City Council at the next regularly scheduled meeting and at every meeting thereafter until this emergency action is terminated to determine if there is a need to continue the action.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-136-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
11 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR THE CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT

PROGRAM
SUMMARY: In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). The targets must reduce organic waste disposal 50 percent by 2020 and 75 percent by 2025.

The Town of Hillsborough may be eligible for grant funding through the Department of Resources Recycling and Recovery (CalRecycle). The SB 1383 Local Assistance Grant Program is noncompetitive and will provide one-time funding to local jurisdictions to assist with the implementation of the requirements associated with SB 1383.

Eligible Projects/Products
- Capacity Planning
- Collection
- Edible Food Recovery
- Education and Outreach (includes organic waste and edible food recovery) - Enforcement and Inspection
- Program Evaluation/Gap Analysis
- Procurement Requirements (using recycled organic products - compost, mulch, electricity, and/or renewable gas and recycled paper and paper products)
- Record Keeping
Available Funds
$57,000,000 is available for this grant cycle, FY 2021-22, subject to funding availability.

CalRecycle provided estimated funding amounts; the Town of Hillsborough's estimated funding amount is $20,000.

Project applications must be submitted no later than February 1, 2022.

FISCAL IMPACT: Grant funds would cover a maximum of $20,000 of the costs incurred as a result of SB 1383 implementation. The Town would be responsible for covering any program costs above this amount unless other funding opportunities arise.

ENVIRONMENTAL ISSUES: The action to authorize the submittal of a grant application is not a project within the meaning of the California Environmental Quality Act (CEQA) per Guideline -137-
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January 10, 2022

Page 2 ends

15378(b)(4) as it constitutes a governmental fiscal activity which does not have the potential to result in a potentially significant impact on the environment. Further, the implementation of SB 1383 is exempt from CEQA pursuant to CEQA Guideline 15307 and 15308 as an action taken to protect the environment and natural resources.

ATTACHMENTS: Resolution
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to submit an application for the CalRecycle SB 1383 Local Assistance Grant Program. -138-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR THE CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT

PROGRAM
WHEREAS, Public Resources Code sections 48000 et seq. authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and
WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough approves and authorizes the City Manager to submit an application to CalRecycle for the SB 1383 Local Assistance Grant Program.

BE IT FURTHER RESOLVED that the City Manager, or designee is hereby authorized and empowered to execute in the name of the Town of Hillsborough all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.

AYES: Councilmembers
NOES: Councilmembers
-139-
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-140-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
12 NEW BUSINESS

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ADOPTING THE 2022 SALARY SCHEDULE FOR THE TOWN

OF HILLSBOROUGH
SUMMARY: This resolution memorializes changes to the salary schedule due to contractual obligations and cost of living increases approved by the City Council. California Public Employees Retirement System requires the pay schedule to be adopted at a public meeting of the governing body.

FISCAL IMPACT: There is no fiscal impact associated with the adoption of this resolution.

ATTACHMENTS:

1. Resolution

2. 2022 Salary Schedule
PREPARED BY: Kristin Armbruster, Human Resources Manager RECOMMENDATION: Adopt the resolution adopting the 2022 Salary Schedule for the Town of Hillsborough.
-141-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

ADOPTING THE SALARY SCHEDULE FOR TOWN OF HILLSBOROUGH
WHEREAS, the Town of Hillsborough (“Town”) has established compensation rates for all positions in the Town; and
WHEREAS, California Public Employees Retirement System requires a pay scheduled to be adopted by the governing body of the agency at a public meeting; and
WHEREAS, the Town desires to meet the requirements of the Public Employees Retirement System; and
WHEREAS, the salary schedule (attached hereto as “Exhibit A”) includes contractually obligated changes and changes approved by the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough adopts the Salary Schedule with changes for the positions noted effective January 3, 2022.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-142-
Merit positions
salary effective date Step A B C D E MOU
Accountant Bi-weekly 3,724 3,911 4,106 4,311 4,527 Unrep 1/3/2022 Monthly 8,070 8,473 8,897 9,341 9,809
Annually 96,834 101,675 106,759 112,097 117,702
Accounting Technician Bi-weekly 2,989 3,138 3,295 3,460 3,633 PW&C 1/3/2022 Monthly 6,476 6,799 7,139 7,497 7,872
Annually 77,714 81,588 85,670 89,960 94,458
Administrative Assistant Bi-weekly 2,669 2,802 2,942 3,089 3,243 PW&C 1/3/2022 Monthly 5,783 6,071 6,374 6,693 7,027
Annually 69,394 72,852 76,492 80,314 84,318
Assistant City Manager Bi-weekly 6,830 7,171 7,530 7,906 8,301 Unrep 1/4/2021 Monthly 14,798 15,537 16,315 17,130 17,985
Annually 177,580 186,446 195,780 205,556 215,823
Assistant Director of Building & Planning Bi-weekly 6,068 6,371 6,690 7,025 7,376 Unrep 1/3/2022 Monthly 13,147 13,804 14,495 15,221 15,981
Annually 157,768 165,646 173,940 182,650 191,776
Assistant Director of Finance Bi-weekly 5,207 5,467 5,740 6,027 6,328 Unrep 1/3/2022 Monthly 11,282 11,845 12,437 13,059 13,711
Annually 135,382 142,142 149,240 156,702 164,528
Assistant Engineer I Bi-weekly 3,449 3,621 3,802 3,992 4,192 Unrep 1/3/2022 Monthly 7,473 7,846 8,238 8,649 9,083
Annually 89,674 94,146 98,852 103,792 108,992
Assistant Engineer II Bi-weekly 3,802 3,992 4,192 4,402 4,622 Unrep 1/3/2022 Monthly 8,238 8,649 9,083 9,538 7,890
Annually 98,852 103,792 108,992 114,452 120,172
Assistant Planner Bi-weekly 3,537 3,714 3,900 4,095 4,300 Unrep 1/3/2022 Monthly 7,664 8,047 8,450 8,873 9,317
Annually 91,962 96,564 101,400 106,470 111,800
Associate Civil Engineer Bi-weekly 4,495 4,720 4,956 5,204 5,464 Unrep 1/3/2022 Monthly 9,739 10,227 10,738 11,275 11,839
Annually 116,870 122,720 128,856 135,304 142,064
Associate Planner Bi-weekly 4,069 4,272 4,486 4,710 4,945 Unrep 1/3/2022 Monthly 8,816 9,256 9,720 10,205 10,714
Annually 105,794 111,072 116,636 122,460 128,570
Budget Analyst Bi-weekly 4,138 4,345 4,562 4,790 5,030 Unrep 1/3/2022 Monthly 8,966 9,414 9,884 10,378 10,898
Annually 107,588 112,970 118,612 124,540 130,780
Building Attendant Hourly 15.00 20.00 Unrep
1/3/2022
Building Inspector I Bi-weekly 3,403 3,565 3,743 3,930 4,127 PW&C 1/3/2022 Monthly 7,373 7,724 8,110 8,515 8,942
Annually 88,478 92,690 97,318 102,180 107,302
Building Inspector II Bi-weekly 3,743 3,930 4,126 4,332 4,549 PW&C 1/3/2022 Monthly 8,110 8,515 8,940 9,386 9,856
Annually 97,318 102,180 107,276 112,632 118,274
Town of Hillsborough Salary Schedule
Adopted 1/10/2022
-143-
Building Official Bi-weekly 5,143 5,400 5,670 5,954 6,252 Unrep 1/3/2022 Monthly 11,143 11,700 12,285 12,900 13,546
Annually 133,718 140,400 147,420 154,804 162,552
Building and Planning Technician I Bi-weekly 2,668 2,801 2,941 3,088 3,243 PW&C 1/3/2022 Monthly 5,781 6,069 6,372 6,691 7,026
Annually 69,368 72,826 76,466 80,288 84,311
Building and Planning Technician II Bi-weekly 2,934 3,081 3,235 3,397 3,567 PW&C 1/3/2022 Monthly 6,357 6,676 7,009 7,360 7,729
Annually 76,284 80,106 84,110 88,322 92,742
Chief Building Official Bi-weekly 5,658 5,941 6,238 6,550 6,877 Unrep 1/3/2022 Monthly 12,259 12,872 13,516 14,192 14,901
Annually 147,108 154,466 162,188 170,300 178,807
Chief of Police Bi-weekly 7,784 8,173 8,582 9,011 9,462 Unrep 1/3/2022 Monthly 16,865 17,708 18,594 19,524 20,501
Annually 202,384 212,498 223,132 234,286 246,012
City Clerk Bi-weekly 4,652 4,885 5,129 5,385 5,654 Unrep 1/3/2022 Monthly 10,079 10,584 11,113 11,668 12,250
Annually 120,952 127,010 133,354 140,010 147,004
City Manager Bi-weekly 9,546 Unrep
1/6/2020 Monthly 20,683
Annually 248,196
Code Enforcement Officer I Bi-weekly 3,060 3,213 3,374 3,543 3,720 Police 1/3/2022 Monthly 6,630 6,962 7,310 7,677 8,060
Annually 79,560 83,538 87,724 92,118 96,720
Code Enforcement Officer II Bi-weekly 3,374 3,543 3,720 3,906 4,101 Police 1/3/2022 Monthly 7,310 7,677 8,060 8,463 8,886
Annually 87,724 92,118 96,720 101,556 106,626
Communications Manager Bi-weekly 4,750 4,988 5,237 5,499 5,774 Unrep 1/3/2022 Monthly 10,292 10,807 11,347 11,915 12,510
Annually 123,500 129,688 136,162 142,974 150,124
Communications Officer I Bi-weekly 3,139 3,289 3,453 3,626 3,807 Police 1/3/2022 Monthly 6,801 7,126 7,482 7,856 8,249
Annually 81,614 85,514 89,778 94,276 98,982
Communications Officer II Bi-weekly 3,453 3,626 3,807 3,997 4,197 Police 1/3/2022 Monthly 7,482 7,856 8,249 8,660 9,094
Annually 89,778 94,276 98,982 103,922 109,122
Community Service Officer Bi-weekly 2,516 2,642 2,774 2,913 3,059 Police 1/3/2022 Monthly 5,451 5,724 6,010 6,312 6,628
Annually 65,416 68,692 72,124 75,738 79,534
-144-
Deputy Director of Public Works Bi-weekly 5,833 6,125 6,431 6,753 7,091 Unrep 1/3/2022 Monthly 12,638 13,271 13,934 14,632 15,364
Annually 151,658 159,250 167,206 175,578 184,366
Director of Building and Planning Bi-weekly 7,216 7,577 7,956 8,354 8,772 Unrep 1/3/2022 Monthly 15,635 16,417 17,238 18,100 19,006
Annually 187,616 197,002 206,856 217,204 228,072
Director of Finance Bi-weekly 7,216 7,577 7,956 8,354 8,772 Unrep 1/3/2022 Monthly 15,635 16,417 17,238 18,100 19,006
Annually 187,616 197,002 206,856 217,204 228,072
Director of Public Works - City Engineer Bi-weekly 7,712 8,098 8,503 8,928 9,374 Unrep 1/3/2022 Monthly 16,709 17,546 18,423 19,344 20,310
Annually 200,512 210,548 221,078 232,128 243,724
GIS Coordinator Bi-weekly 3,915 4,111 4,317 4,532 4,759 Unrep 1/3/2022 Monthly 8,483 8,907 9,353 9,820 10,311
Annually 101,796 106,886 112,230 117,842 123,734
GIS Technician Bi-weekly 3,559 3,737 3,924 4,120 4,326 Unrep 1/3/2022 Monthly 7,712 8,097 8,502 8,927 9,374
Annually 92,542 97,169 102,028 107,129 112,485
HR Manager Bi-weekly 4,944 5,191 5,451 5,724 6,010 Unrep 1/3/2022 Monthly 10,712 11,247 11,811 12,402 13,022
Annually 128,544 134,966 141,726 148,824 156,260
Lead Communications Officer Bi-weekly 3,626 3,807 3,997 4,197 4,407 Police 1/3/2022 Monthly 7,856 8,249 8,660 9,094 9,548
Annually 94,276 98,982 103,922 109,122 114,578
Lead Facilities Worker Bi-weekly 3,303 3,468 3,641 3,823 4,014 PW&C 1/3/2022 Monthly 7,157 7,514 7,889 8,283 8,697
Annually 85,878 90,168 94,666 99,398 104,364
Lead Maintenance Worker Bi-weekly 3,146 3,303 3,468 3,641 3,823 PW&C 1/3/2022 Monthly 6,816 7,157 7,514 7,889 8,283
Annually 81,796 85,878 90,168 94,666 99,398
Maintenance Worker I Bi-weekly 2,424 2,539 2,666 2,799 2,939 PW&C 1/3/2022 Monthly 5,252 5,501 5,776 6,065 6,368
Annually 63,024 66,014 69,316 72,774 76,414
Maintenance Worker II Bi-weekly 2,666 2,799 2,939 3,086 3,240 PW&C 1/3/2022 Monthly 5,776 6,065 6,368 6,686 7,020
Annually 69,316 72,774 76,414 80,236 84,240
Management Analyst I Bi-weekly 3,629 3,810 4,000 4,200 4,410 Unrep 1/3/2022 Monthly 7,863 8,255 8,667 9,100 9,555
Annually 94,354 99,060 104,000 109,200 114,660
Management Analyst II Bi-weekly 3,990 4,190 4,400 4,620 4,851 Unrep 1/3/2022 Monthly 8,645 9,078 9,533 10,010 10,511
Annually 103,740 108,940 114,400 120,120 126,126
-145-
Management Assistant Bi-weekly 3,298 3,463 3,636 3,818 4,009 Unrep 1/3/2022 Monthly 7,146 7,503 7,878 8,272 8,686
Annually 85,748 90,038 94,536 99,268 104,236
Office Assistant Bi-weekly 2,426 2,547 2,674 2,808 2,948 PW&C 1/3/2022 Monthly 5,256 5,519 5,794 6,084 6,388
Annually 63,076 66,222 69,524 73,008 76,653
Planning Manager Bi-weekly 5,505 5,780 6,069 6,372 6,691 Unrep 1/3/2022 Monthly 11,928 12,523 13,150 13,806 14,497
Annually 143,130 150,280 157,794 165,672 173,966
Police Captain Bi-weekly 6,830 7,172 7,531 7,908 8,303 Unrep 1/3/2022 Monthly 14,798 15,539 16,317 17,134 17,990
Annually 177,580 186,472 195,806 205,608 215,878
Police Corporal Bi-weekly 4,272 4,486 4,710 4,946 5,193 Police 1/3/2022 Monthly 9,256 9,720 10,205 10,716 11,252
Annually 111,072 116,636 122,460 128,596 135,018
Police Lieutenant Bi-weekly 6,031 6,333 6,650 6,983 7,332 Unrep 1/3/2022 Monthly 13,067 13,722 14,408 15,130 15,886
Annually 156,806 164,658 172,900 181,558 190,632
Police Officer Bi-weekly 4,072 4,276 4,490 4,715 4,951 Police 1/3/2022 Monthly 8,823 9,265 9,728 10,216 10,727
Annually 105,872 111,176 116,740 122,590 128,726
Police Officer Trainee Bi-weekly 3,133 Police
1/3/2022 Monthly 6,788
Annually 81,458
Police Sergeant Bi-weekly 4,987 5,236 5,498 5,773 6,062 Police 1/3/2022 Monthly 10,805 11,345 11,912 12,508 13,134
Annually 129,662 136,136 142,948 150,098 157,612
Public Works Asst. Superintendent Bi-weekly 4,537 4,764 5,002 5,252 5,515 PW Supe 1/3/2022 Monthly 9,830 10,322 10,838 11,379 11,949
Annually 117,962 123,864 130,052 136,552 143,390
Public Works Inspector I Bi-weekly 3,146 3,303 3,468 3,641 3,823 PW&C 1/3/2022 Monthly 6,816 7,157 7,514 7,889 8,283
Annually 81,796 85,878 90,168 94,666 99,398
Public Works Inspector II Bi-weekly 3,459 3,632 3,814 4,005 4,205 PW&C 1/3/2022 Monthly 7,495 7,869 8,264 8,678 9,112
Annually 89,934 94,432 99,164 104,130 109,338
Public Works Superintendent Bi-weekly 5,707 5,992 6,292 6,607 6,937 Unrep 1/3/2022 Monthly 12,365 12,983 13,633 14,315 15,030
Annually 148,382 155,792 163,592 171,782 180,362
Public Works Supervisor Bi-weekly 4,113 4,319 4,535 4,762 5,000 PW Supe 1/3/2022 Monthly 8,912 9,358 9,826 10,318 10,833
Annually 106,938 112,294 117,910 123,812 130,000
Records Clerk II Bi-weekly 2,930 3,076 3,230 3,392 3,562 Police 1/3/2022 Monthly 6,348 6,665 6,998 7,349 7,717
Annually 76,180 79,976 83,980 88,192 92,607
Records Supervisor Bi-weekly 3,223 3,384 3,553 3,731 3,918 Police 1/3/2022 Monthly 6,983 7,332 7,698 8,084 8,489
Annually 83,798 87,984 92,378 97,006 101,868
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Senior Accountant Bi-weekly 4,138 4,345 4,562 4,790 5,030 Unrep 1/3/2022 Monthly 8,966 9,414 9,884 10,378 10,898
Annually 107,588 112,970 118,612 124,540 130,780
Senior Accounting Technician Bi-weekly 3,288 3,452 3,625 3,806 3,996 PW&C 1/3/2022 Monthly 7,124 7,479 7,854 8,246 8,659
Annually 85,488 89,752 94,250 98,956 103,904
Senior Building and Planning Technician Bi-weekly 3,375 3,544 3,721 3,907 4,102 PW&C 1/3/2022 Monthly 7,313 7,679 8,062 8,465 8,888
Annually 87,750 92,144 96,746 101,582 106,653
Senior Building Inspector/Plan Checker Bi-weekly 4,220 4,431 4,653 4,886 5,130 PW&C 1/3/2022 Monthly 9,143 9,601 10,082 10,586 11,115
Annually 109,720 115,206 120,978 127,036 133,380
Senior Civil Engineer Bi-weekly 5,170 5,428 5,699 5,984 6,284 Unrep 1/3/2022 Monthly 11,202 11,761 12,348 12,965 13,615
Annually 134,420 141,128 148,174 155,584 163,374
Senior Management Analyst Bi-weekly 4,590 4,819 5,060 5,313 5,579 Unrep 1/3/2022 Monthly 9,945 10,441 10,963 11,512 12,087
Annually 119,340 125,294 131,560 138,138 145,045
Senior Planner Bi-weekly 4,678 4,912 5,158 5,416 5,687 Unrep 1/3/2022 Monthly 10,136 10,643 11,176 11,735 12,321
Annually 121,628 127,712 134,108 140,816 147,856
Hourly positions
1/3/2022
Laborer - Temporary Hourly 25.00 35.00
Intern I - Temporary Hourly 15.00 20.00
Intern II - Temporary Hourly 18.00 25.00
Intern III - Temporary Hourly 26.00 35.00
Clerical - Temporary Hourly 15.00 35.00
Technician - Temporary Hourly 25.00 35.00
Communications Officer - Temporary Hourly 52
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
13 NEW BUSINESS

CITY COUNCIL MEETING
JANUARY 10, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH CENTRAL SQUARE FOR COMMUNITY DEVELOPMENT

SOFTWARE AND AUTHORIZE THE EXPENDITURE FOR OTHER RELATED MATERIALS

ASSOCIATED WITH THE SOFTWARE UPGRADE IN AN AMOUNT NOT TO EXCEED $189,670.00
SUMMARY: In FY 2006-07 the Town of Hillsborough purchased new Community Development software, Trakit, created by CRW Associates. The software provided the Town with a platform for Building, Planning, Fire, Police, Public Works, and Engineering to clearly share information.

Over the years CRW has been acquired several times and is now under the name Central Square.

Since FY 2006-07 there have been several upgrades and enhancements but the version the Town is currently using is no longer being supported by Central Square in its current form. With the lack of support of the current version, staff researched options for the future of the community development software. In spring 2020, an RFP was issued and sent to several companies that provide Community Development software for municipalities. After interviewing the top three selections it was decided by staff and the Town's consultant to stay with Central Square and move to a platform more suited to the Town's needs.

The new platform of Trakit from Central Square will be more in line with our digital process. Before the pandemic, the Town processed all applications in person and 100% in paper form. Since spring 2020, the Town has transitioned from paper to 100% digital. The centralized digital platform will increase collaboration between all departments, improve workflow efficiencies, and ensure integrity of information in the database.

The cost breakdown below represents the proposal from Central Square for the transition from the current site-hosted software to a new cloud-based offsite platform. Along with the overall package of upgrades there will be additional licenses purchased to allow more employees to access and utilize Trakit at one time during business hours.

Description Total
Community Development: Advanced SaaS Subscription Contract Startup Fee 10,000.00 Public Administration Consulting Services – Fixed Fee 23,400.00 Public Administration Data Conversion Services – Fixed Fee 21,840.00 Public Administration Development Services – Fixed Fee 3,705.00 Public Administration GIS Services – Fixed Fee 27,300.00 Public Administration Project Management Services – Fixed Fee 25,740.00 Public Administration Training Services – Fixed Fee 22,425.00 -149-
Agenda Staff Report - Hillsborough City Council
January 10, 2022

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Hillsborough City CouncilJanuary 10, 2022

Hillsborough City Council
January 10, 2022