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, FEBRUARY 14, 2022
4:15 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
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/84143780590?pwd=a3QzaUM3Zys2KzFxVUlka3NQdGVWUT09 Meeting ID: 841 4378 0590
Passcode: 416280
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Meeting ID: 841 4378 0590
Passcode: 416280
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 (4:15 p.m.)
CALL TO ORDER
ROLL CALL
Agenda – Hillsborough City Council
Monday, February 14, 2022
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 Closed Session 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
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)(a)
Wiseman v. Town of Hillsborough, et al.
San Mateo County Superior Court, Case No. 16CIV05432
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Section 54956.9(d)(2) of the California Government Code: Two potential cases (see claim documents attached) C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff – One Potential Case
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
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
G. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section §54957.6
Agency designated representatives: Mayor Alvin L. Royse, Councilmember Laurence M. May Unrepresented employee: City Manager
Agenda – Hillsborough City Council
Monday, February 14, 2022
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: January 10, 2022
VI. PROCLAMATION
• NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH - JANUARY 2022
VII. 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.
VIII. 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.
IX. CONSENT CALENDAR
1. MONTHLY CLAIMS: JANUARY 1 THROUGH JANUARY 31, 2022
2. RESOLUTION ADOPTING REVISED POLICY 412: COMMITTEES AND BOARDS
3. RESOLUTION AUTHORIZING THE 2022 LIGHTING SCHEDULE OF TOWN HALL TO
COMMEMORATE EVENTS
4. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A LEGAL
SERVICES AGREEMENT WITH SHER EDLING LLP TO EXPLORE LITIGATION
OPTIONS ON A CONTINGENCY FEE BASIS FOR REPRESENTATION IN PCB
LITIGATION
Agenda – Hillsborough City Council
Monday, February 14, 2022
5. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH G.
BORTOLOTTO & CO., INC. FOR THE 2021 STREET RESURFACING PROJECT IN THE AMOUNT OF $3,500,488.90 AND AUTHORIZE THE TRANSFER OF FUNDS FOR
THE PROJECT
6. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CASEY CONSTRUCTION, INC. FOR THE A2 PRIORITY PROJECTS – PHASE 2 DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,871,640.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $187,164.00, IF NEEDED, FOR A TOTAL ALLOCATION OF $2,058,804.00
7. RESOLUTION ACCEPTING AS COMPLETE THE EMERGENCY CONTRACT WITH EPS, INC. FOR THE EMERGENCY SEWER LIFT STATION REPAIRS AND REPLACEMENT AT THE POLICE DEPARTMENT IN THE AMOUNT OF $72,850
8. RESOLUTION APPROVING THE PURCHASE OF REPLACEMENT PUBLIC WORKS CONSTRUCTION VEHICLES IN THE AMOUNT OF $277,812.09
9. RESOLUTION APPROVING AND REPLACING A PUBLIC WORKS VEHICLE WITH ONE ELECTRIC TRANSIT VAN IN THE AMOUNT OF $55,482.13
10. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE AGREEMENT WITH THE PLANNING FIRM OF HOUSEAL
LAVIGNE ASSOCIATES FOR PROFESSIONAL PLANNING SERVICES SUPPORTING AN UPDATE OF THE TOWN OF HILLSBOROUGH’S HOUSING, SAFETY, AND LAND
USE GENERAL PLAN ELEMENTS
X. OLD BUSINESS
11. MOTION TO RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 AND ASSEMBLY BILL 361 FOR THE CONTINUATION OF VIRTUAL
MEETINGS AND DISCUSSION OF IN-PERSON MEETINGS
12. REACH CODE UPDATE AND COUNCIL DIRECTION FOR IMPLEMENTATION
13. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH DUDEK FOR TREE ORDINANCE UPDATE
XI. NEW BUSINESS
14. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ESCRIBE SOFTWARE LTD. FOR AN AGENDA
MANAGEMENT SOFTWARE SYSTEM
15. INTRODUCTION OF AN ORDINANCE AMENDING SECTION 2.04.020 OF THE HILLSBOROUGH MUNICIPAL CODE RELATING TO “STUDY MEETINGS” Agenda – Hillsborough City Council
Monday, February 14, 2022
XII. DISCUSSION:
16. ANNUAL UPDATE ON TOWN-WIDE RISK ASSESSMENT
17. PENSION UPDATE
XIII. INFORMATIONAL
18. FY 2021-22 MID-YEAR FINANCIAL UPDATE
19. FY 2022-23 BUDGET PLANNING
20. CITY MANAGER'S UPDATE
IX. 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.
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.
X. 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.
XI. MAYOR'S APPLAUSE
This portion of the meeting is for the Mayor to provide brief highlights of current items of interest in the Town.
XII. 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.
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Town of Hillsborough
Claim Form
RECEIVED
JUL 1 6 2021
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TOWN OF HILLSBOROUGH
Phone (day):
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Address: )d..,lkbOA-O~ CA A'jo,o
Mailing address if different: ______________________ _
Date of loss/accident: __:J___; ----11_; ~ "Z- I Approximate time: Pi._ o$'Gj p.m.
Location of loss/accident: _ t-, _H_~_I l_~_h_o_,.,._•_#------.---, _C_A. ~~-i~\.\~o_,_o_ r.; ... 4e -n, ~M .,_:,'"l 9< .... (' )
Briefly explain how loss/accident occurred: Dvtt-: "} S::c '-"'E?it., flq-~rz5 1 s,N': .... ,"-Vt:. !CS ~ . +l ~"-..,,.., t..v P.. rl- d l'\.o'-'e.. o ,..J ~~ c ~ ~ t"-1. ~, d ~"""" ~ t ,:s ~ t · If known, provide name(s) of employee(s), contractor(s), and vehicle license plate number(s) causing accident: s e. ~ ~-r7"-"c..Me1> P-Mo~
Claim is for the following item(s). (Please attach estimates or invoices/ if available.):
cl N /e-J(} vJ cut;-r -rt> fl.CC 'N~Y . .:c.~ ... , e~,: -:, ,,,..,, (J ,.J $ ______ _ o...J '1) u~ "'' • iZ...e1,vl?".S1'°eb Kep~~.rz ._ ( "'') ~_,.i,0 cv-r vn- $ ______ _ '-\W ~'Z~ ~•1,few~'".' i [~j So\;:\.41CvT ~ p:pe.. t,.'T NO"--,--"n $ ______ _ k,w"JPt,..'1 -
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List attachments:
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Claimant's signature:
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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
UNAPPROVED MINUTES
MONDAY, JANUARY 10, 2022
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
7:00 PM CLOSED SESSION
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 4:34 p.m.
ROLL CALL
Present: Chuang, Cole, May, 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 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
The Closed Session adjourned at 5:42 p.m.
REGULAR CITY COUNCIL MEETING
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Agenda – Hillsborough City Council
Monday, January 10, 2022
I. CALL TO ORDER
Mayor Royse called the meeting to order at 6:03 p.m.
II. ROLL CALL
Present: Chuang, Cole, May, Krolik, Royse
III. PLEDGE OF ALLEGIANCE
Mayor Royse led the Pledge of Allegiance.
IV. REPORT FROM CLOSED SESSION
Mayor Royse stated no action was taken in Closed Session and there was nothing to report.
V. MINUTES: December 13, 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, the minutes of the December 13, 2021 City Council meeting were approved.
VI. PUBLIC COMMENT I
Christ Sturken, Events Coordinator, Human Investment Project (HIP) Housing, provided information regarding the 2022 annual HIP Housing calendar and thanked the Town for ongoing support of their programs.
VII. ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.
VIII. CONSENT CALENDAR
Mayor Royse read the titles of the Consent Calendar items.
There were no requests to remove an item from the Consent Calendar.
On motion of Vice Mayor Krolik, seconded by Councilmember Cole and unanimous on roll call vote, the Consent Calendar was approved.
1. MONTHLY CLAIMS: DECEMBER 1 THROUGH DECEMBER 31, 2021 The monthly claims for the month of December 2021 in the amount of $4,680,818.51 were approved as submitted.
2. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2021
The Treasurer’s Report for the quarter ending December 31, 2021 was approved.
3. QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT
The Interest Rate Products Report for the quarter ended December 31, 2021 was accepted.
4. ORDINANCE AUTHORIZING THE RATES EFFECTIVE FOR JANUARY 2022 FOR THE SOLID WASTE CHARGES – ADOPTION
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Agenda – Hillsborough City Council
Monday, January 10, 2022
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” was adopted.
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
The resolution 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 was adopted.
6. MOTION TO RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 AND ASSEMBLY BILL 361 FOR THE CONTINUATION OF VIRTUAL
MEETINGS
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 was approved.
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
The ordinance entitled “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” was adopted.
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 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 was adopted.
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
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 Capital Improvement Fund CIP #704.21 in the amount of $298,165.00 was adopted.
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
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 was adopted.
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Agenda – Hillsborough City Council
Monday, January 10, 2022
11. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR THE CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT
PROGRAM
The resolution approving and authorizing the City Manager to submit an application for the CalRecycle SB 1383 Local Assistance Grant Program was adopted.
IX. NEW BUSINESS
12. RESOLUTION ADOPTING THE 2022 SALARY SCHEDULE FOR THE TOWN OF
HILLSBOROUGH
Human Resources Manager Kristin Armbruster provided the staff report.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion of Councilmember Cole, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution adopting the 2022 Salary Schedule for the Town of Hillsborough was adopted.
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
Assistant Director of Building & Planning Tim Anderson provided the staff report. Director of Building & Planning Sarah Fleming and City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion of Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, the resolution approving and authorizing the City Manager to execute the contract with Central Square and authorize the expenditure for related materials associated with the software package upgrades in an amount not to exceed $189,670.00 was adopted.
X. DISCUSSION
14. CITY COUNCILMEMBER COMMITTEE AND COMMISSION ASSIGNMENTS Mayor Royse introduced the item and stated no changes were made to the assignments from the prior year. City Manager Ann Ritzma stated a revised version of the document was distributed prior to the meeting with an update to the section titles.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
XI. INFORMATIONAL
15. CITY MANAGER'S UPDATE
City Manager Ann Ritzma provided an informational update.
Mayor Royse congratulated City Manager Ritzma for her appointment as the Vice Chair of the San Mateo County City Managers Association and thanked her for her service.
XII. PUBLIC COMMENT II
Former Mayor Tom Kasten spoke regarding the degradation of PG&E service and Comcast service in the Town citing multiple unexplained outages and requested the City Council invite -8-
Agenda – Hillsborough City Council
Monday, January 10, 2022
their government relations representatives to speak at an upcoming Council meeting to provide information regarding the outages and what would be done to prevent them.
XIII. CITY COUNCIL ITEMS
Councilmember Chuang reported extension of the rain barrel program will be discussed at the upcoming C/CAG Board meeting.
Councilmember Cole reported her attendance at a meeting of the Hillsborough Recreation Commission in which transitional kindergarten program proposals were discussed.
Councilmember May reported activities of Peninsula Clean Energy including continual creation of independent sources of clean energy.
Mayor Royse announced an upcoming meeting of the SFO Airport/Community Roundtable Ground-Based Noise Subcommittee.
XIV. MAYOR'S APPLAUSE
Mayor Royse recognized North Hillsborough School Principal Heidi Felt and her students for their North School Climate Constitution. Principal Felt provided comments. Hillsborough City School District Superintendent Louann Carlomagno provided comments.
XV. PRESENTATION OF MAYOR’S STATE OF THE TOWN
Mayor Royse presented the recording of his State of the Town presentation.
XVI. PUBLIC COMMENT ON CLOSED SESSION ITEMS
There were no public comments.
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
Mayor Royse adjourned the meeting to Closed Session at 7:40 p.m.
XIX. RECONVENE OPEN MEETING
Mayor Royse reconvened the open meeting at 9:06 p.m. with all Councilmembers present.
XX. CLOSED SESSION REPORT
Mayor Royse stated no action was taken in Closed Session and there was nothing to report.
XXI. ADJOURNMENT
Mayor Royse adjourned the meeting at 9:07 p.m.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
1 CONSENT CALENDAR
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: JANUARY 1 THROUGH JANUARY 31, 2022 SUMMARY: The monthly claims for the month of January 2022 in the amount of $3,676,939.76 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 January 2022 as submitted. -13-
TOWN OF HILLSBOROUGH
REPORT OF GOODS & SERVICES PURCHASED
DURING THE MONTH OF JANUARY 2022
PREPARED BY:
Alan Singh
DocuSign Envelope ID: 5E9C55D5-791F-4F22-A4CB-1F3FE97D74AC -14-
TOWN OF HILLSBOROUGH
SUMMARY OF PURCHASES
DURING THE MONTH OF JANUARY 2022
GOODS & SERVICES PURCHASED $1,754,780.13
NET SALARIES & TAXES PAID 946,090.06
HEALTH BENEFIT PREMIUMS 160,792.01
BOND PAYMENTS 25,641.65
CCFD FUNDING 602,441.00
SAN FRANCISCO WATER PAYMENTS 187,194.91
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $3,676,939.76
FINANCE DIRECTOR DATE
CITY MANAGER DATE
DocuSign Envelope ID: 5E9C55D5-791F-4F22-A4CB-1F3FE97D74AC 2/8/2022
2/8/2022
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COMPARATIVE SUMMARY
For the Month of January 2022
Jan-22 Jan-21 Jan-20
Goods & Services Purchased:
Operations 1,507,283.69 725,857.96 866,627.32
Capital 247,496.44 797,436.17 645,927.12
Net Salaries & Taxes Paid 946,090.06 920,177.31 915,857.60 Health Benefit Premiums 160,792.01 149,465.05 144,799.25 Bond Payments 25,641.65 26,391.82 69,348.44
CCFD Funding 602,441.00 0.00 637,909.00
San Francisco Water Payments 187,194.91 240,348.28 209,636.08 Section 115 Pension Trust 0.00 0.00 200,000.00
Total $3,676,939.76 $2,859,676.59 $3,690,104.81
NOTES:
Operations -
payment to Recology San Mateo.
Capital -
Creek Pump Station Replacement project.
CCFD -
February 2021.
Water -
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. The January 2021 Invoice was paid There was no SFPUC wholesale water rate increase on July 1, 2021. The decrease from the prior year is attributable to water usage.
FY 21/22 spending is consistent with FY 20/21 spending except for timing payments to the City of Burlingame and City of San Mateo for library and sewer services, as well as Capital project spending in January 2022 is primarily for the Street Resurfacing Improvement project, Sewer Priority Basin I/II Rehabilitation Program, and the Cherry DocuSign Envelope ID: 5E9C55D5-791F-4F22-A4CB-1F3FE97D74AC -16-
TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JANUARY 2022
CK # VENDOR DESCRIPTION AMOUNT
69221 AFLAC NOV'21 INSURANCE PREMIUM 1,946.63
69222 ARAMARK UNIFORM & CAREER UNIFORM CLEANING SERVICE W/E 12/16/21 PW 524.16 69223 AT&T 11/24/21-12/23/21 MULTIPLE ACCOUNTS 2,011.20 69224 ATLANTA DRONE GROUP, INC UMANNED AERIAL VEHICLE OPERATION COA FILING PD 8,947.00 69225 AUTO PRIDE CAR WASH, INC NOV '21 CAR WASHES PD 36.97 69226 AXON ENTERPRISE, INC SOFTWARE - EVIDENCE.COM LIC & STORAGE PD 14,265.38 69227 BARTEL ASSOCIATES, LLC NOV '20 OPEB VALUATION SERVICE FIN 3,509.00 69228 GLENN BERKHEIMER JAN'22 LABOR RELATIONS HR 1,250.00 69229 BOSCO OIL COMPANY GAS PD 3,957.88
69230 BURNETT LANDSCAPE DEVELOPMENT MAINT - JAN '22 HBF LANDSCAPE VARIOUS SITES 9,866.40 69231 SCOTT BUSCHMAN PHOTOGRAPHY SESSION STAFF PD 628.19 69232 CAL-STEAM, INC. #2504 PARTS - PIPES PW 154.60
69233 CALIF ENERGY RESOURCES CONSV LOAN PAYMENT # 19 PW 32,820.68 69234 CENTRAL COUNTY FIRE DEPARTMENT JAN '22 FISCAL CONTRIBUTION 602,441.00 69235 CITY OF SAN MATEO O&M QTR 1 FY 21-22, CIP QTR 1 FY 21-22 PW 245,830.39 69236 CLARK PEST CONTROL PEST CONTROL PD 76.00
69237 COMCAST 12/8/21 - 1/7/22 PW 137.11
69238 COUNTY OF SAN MATEO INFO SVC NOV'21 MICROCHANNEL LINES PD 164.51 69239 CRITICAL REACH 2022 ABPNET FEE PD 495.00
69241 CSG CONSULTANTS, INC. CIP ADMIN SEWER & VARIOUS PRJ 11/1/21-11/26/21 PW 112,115.00 69242 DEPARTMENT OF CONSERVATION Q3'21 STRONG MOTION & SEISMIC HAZARD MAPPING BP 2,447.52 69243 DEPARTMENT OF JUSTICE FINGERPRINTING SERVICE PD 49.00 69244 DEPARTMENT OF MOTOR VEHICLE 2022 REG - PONTIAC FIREBIRD PD 186.00 69245 DU-ALL SAFETY, LLC OCT '21 SAFETY CONSULT PW 3,125.00 69246 E AND M ELECTRIC & MACHINERY SOFTWARE - SCADA AUTODIALER PW 5,495.00 69247 ERLER & KALINOWSKI, INC SEWER CIP PHASE 1B 2021 PW 1,071.00 69248 FERGUSON US HOLDINGS, INC EQUIP - HYDRANTS/CHLORINE PW 14,886.60 69249 FIRST PV DBA SOLARUNION REFUND - PERMIT FEES DUPLICATE PAYMENT BP 263.50 69250 FORTE PRESS PRINT - VARIOUS FORMS PD 1,019.38
69251 GRAINGER TOOLS - WINCH LINE PW 227.19
69252 GREATLAND CORP 2021 W2 FORMS AND ENVELOPES FIN 77.81 69253 HF&H CONSULTANTS, LLC NOV'21 PROF SERVICES WATER RATE UPDATE FIN 2,078.50 69254 HOUSEAL LAVIGNE ASSOCIATES,LLC GENERAL PLAN/HOUSING ELEMENT OCT/NOV '21 BP 14,172.50 69255 IEDA, INC JAN'22 LABOR RELATIONS HR 1,437.07
69256 INDUSTRIAL CHEM LABS & SERVICE SUPPLIES - ROOT BEGONE PW 688.36 69257 INTERSTATE TRAFFIC CONTROL PARTS - CUSTOM SIGNS PW 227.50 69258 M CASTANEDA CONSTRUCTION REFUND - PERMIT FEE OVERPAY BP 30.00 69259 MCA DIRECT SUPPLIES - ELECTION HANDBOOK & VARIOUS ITEMS CL 216.70 69260 METRO MOBILE COMMUNICATIONS REPAIR - ANTENNA CAR #5 PD 247.50 69261 LISA NATUSCH REIMB - MILEAGE LEAGUE OF CA CITIES 9/22/21 CL 159.08 69262 NETWORK INNOVATIONS US INC NOV'21 SATELLITE PHONE SERVICE PD 542.90 69263 PENINSULA UNIFORMS & EQUIPMENT UNIFORMS - VARIOUS ITEMS PD 2,422.24 69264 PG & E 10/29/21-11/30/21 MULTIPLE ACCOUNTS 19,825.93 69265 R & A JANITORIAL SERVICE, LLC MAINT - COVID DEEP CLEANING & FLOOD CLEAN-UP PW 1,364.30 69266 RED WING SHOE STORE WORK BOOTS - STAFF PW 600.00
69267 SAN MATEO COUNTY SHERIFF'S FEE- COYOTE POINT RANGE 11/21 PD 7,000.00 69268 SHARP BUSINESS SYSTEMS NOV '21 COPIER CHARGES 773.13 69269 SMCPCSA 2022 MEMBERSHIP DUES PD 1,000.00
69270 STANDARD INSURANCE COMPANY JAN '22 GROUP LIFE/ADD/LTD ASSESSMENT 3,043.62 69271 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 490.00 69272 STATE WATER RESOURCES CONTROL ANNUAL C S PERMIT FEE 7/1/21- 6/30/22 PW 3,326.00 69273 TELECOMMUNICATIONS ENGINEERING DEC '21 COMMUNICATION CENTER/BASE PD 2,233.00 69274 TESLA REFUND - PERMIT FEE VOID BP 1,151.35
69275 THE KELLER CENTER TRAIN - MDIC ABUSE RESPONSE JAN 12-13 '21 PD 240.00 69276 THOMSON WEST NOV '21 INVESTIGATIVE WEBSITE PD 365.00 69277 TURBO DATA SYSTEMS, INC. NOV '21 CITATION PROCESSING & SCANNERS PD 1,597.32 69278 TYLER TECHNOLOGIES, INC. EQUIP - MUNIS REGISTER/PRINTER /SCANNER FIN 4,246.00 DocuSign Envelope ID: 5E9C55D5-791F-4F22-A4CB-1F3FE97D74AC -17-
TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JANUARY 2022
69279 ULINE, INC. EQUP - PALLETS/UTILITY CART PW 1,023.59 69280 VERIZON WIRELESS 11/3/21- 12/2/21 MULTIPLE ACCOUNTS PW 1,681.29 69281 AIRGAS INC SUPPLIES - WELDING TIP CLEANER PW 39.82 69282 AIXTEK FEE - LIVE SCAN FINGERPRINT EATON IT 306.05 69283 JESSIE AIZENSTAT FORWARD LATERAL PROGRAM PW 3,000.00 69284 JOANNE M. AKAY CATERING - EMPLOYEE APPRECIATION EVENT FIN 985.00 69285 YASIR AL-WAKEEL REFUND - WATER DEPOSIT BALANCE FIN 213.10 69286 ALL FENCE COMPANY, INC. INSTALL - FENCE FOREST VIEW TANK/FAWN CT PW 1,530.00 69287 AMAZON WEB SERVICES, INC DEC '21 BACKUP STORAGE IT 631.71 69288 ARAMARK UNIFORM & CAREER UNIFORM CLEANING SERVICE W/E 1/6/22 PW 489.81 69289 AT&T 11/17/21-12/16/21 MULTIPLE ACCOUNTS 137.23
69290 BAY AREA GEOTECHNICAL GROUP 2021 STREET RESURFACE & VARIOUS PRJ PW 36,664.17 69291 BAY AREA WATER SUPPLY & FY 21-22 Q3 ASSESSMENT PW 21,110.00 69292 BAYSHORE SUPPLY & LIGHTS PARTS - LIGHT BULBS PW 188.21 69293 MARY KAY BELL REFUND - WATER OVERPAYMENT FIN 155.24 69294 BEST BEST & KRIEGER LLP FEE - NOV '21 LEGAL SERVICE 26,520.71 69295 BETTER SOURCE LIQUIDATORS FURNITURE - COUNCIL CHAMBERS CHAIRS CO 2,373.44 69296 BLACK HILLS AMMUNITION, INC SUPPLIES - AMMUNITION PD 4,000.50 69297 BLUE 360 MEDIA, LLC CALIFORNIA VEHICLE CODE HANDBOOK PD 303.88 69298 BOSCO OIL COMPANY GAS/DIESEL PD/PW 6,201.00
69299 BURNETT LANDSCAPE DEVELOPMENT INSTALL - DAFFODIL BULBS PLANTS HBF 1,560.00 69300 GIDEON M CAINE REFUND - WATER OVERPAYMENT FIN 446.29 69301 CAL-STEAM, INC. #2504 PARTS - BUSHINGS PW 4.49
69302 CAMPUTEE PRESS, LLC UNIFORMS - VARIOUS ITEMS PW 7,731.96 69303 CENTRAL COUNTY FIRE DEPARTMENT REMIT - Q2 FY 21/22 FIRE REVIEW FEE FIN 6,082.00 69304 DANIEL RICHARD CHARLES REPAIR - PD SEWER LIFT STATION PW 2,488.00 69305 CIVICPLUS SOFTWARE - MOBILE APP 1/1/22 - 12/31/22 IT 1,930.82 69306 CLARK PEST CONTROL PEST CONTROL PW 94.00
69307 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICES MULTIPLE INVOICES PW 10,327.50 69308 GREGORY H COLLINS REFUND - WATER DEPOSIT BALANCE FIN 416.35 69309 COLUMBIA TELECOMMUNICATIONS WIRELESS ENGINEER CONSULT PW 2,960.00 69310 COMCAST 12/26/21- 1/25/22 MULTIPLE ACCOUNTS PD/CM 449.84 69311 CORE & MAIN LP SUPPLIES - CHLORINE TABLETS PW 2,779.76 69312 DAILY JOURNAL CORPORATION LEGAL NOTICES MULTIPLE ORDINANCES CL 3,918.30 69313 DIEMER ENGINEERING, INC. DEC '21 PROF ENGINEER VARIOUS PRJ PW 450.00 69314 DIVISION OF STATE ARCHITECT OCT-DEC '21 DISABILITY ACCESS & EDU FEE FIN 74.80 69315 ERLER & KALINOWSKI, INC SEWER REHAB PHASE 1C DESIGN/SANDRA HAYNE PRJ 40,537.14 69316 FASTRACK BRIDGE TOLL PW 31.00
69317 FERGUSON US HOLDINGS, INC SUPPLIES - CHLORINE PW 1,486.28 69318 FREDCO MARKETING PRINT - 2020 WATER QUALITY REPORTS/POSTCARDS PW 3,461.15 69319 FREYER & LAURETA, INC HIGH LINE WATER PRJ DESIGN PW 11,995.00 69320 RUSSELL J. FULLER REFUND - WATER OVERPAYMENT FIN 657.45 69321 GO NATIVE, INC MAINT -TANK SITE/SPENCER DAM VEGETATION MANAGE 18,485.13 69322 HACH COMPANY WATER QUALITY SUPPLIES PW 4,485.75
69323 HASSETT HARDWARE-SAN MATEO SUPPLIES - VARIOUS ITEMS PW 52.29 69324 HF&H CONSULTANTS, LLC NOV'21 PROF SERVICES SOLID WASTE RATE FIN 855.00 69325 DONNA HO REFUND - WATER OVERPAYMENT FIN 52.50
69326 MARION HOLDER REFUND - WATER DEPOSIT BALANCE FIN 284.86 69327 INDUSTRIAL CHEM LABS & SERVICE SUPPLIES - DEGREASER PW 69.16 69328 JAMES SCIBETTA OR ALEX REFUND - WATER OVERPAYMENT FIN 500.01 69329 LANCE JOHNSON REFUND - WATER DEPOSIT BALANCE FIN 348.78 69330 ELISA KOPPL REFUND - WATER OVERPAYMENT FIN 340.03 69331 KRONOS SAASHR, INC. NOV'21/DEC'21 PAYROLL PROCESSING FIN 3,811.88 69332 LANDTEK LANDSCAPE INC INSTALL - PLANTS HBF DOWNEY ISLAND 324.00 69333 CHRISTINA LAU REFUND - WATER DEPOSIT BALANCE FIN 340.83 69334 KEVIN LI REFUND - WATER DEPOSIT BALANCE FIN 332.63 69335 WEIJIA LI REFUND - WATER OVERPAYMENT FIN 145.24
69336 LI LIU REFUND - WATER DEPOSIT BALANCE FIN 374.49
69337 FEI LONG REFUND - WATER DEPOSIT BALANCE FIN 386.45 69338 LING LU REFUND - WATER OVERPAYMENT FIN 846.10
69339 MANAGEMENT PARTNERS, INC. DEC'21 IT PROJECT MANAGE 2019 SOFTWARE CL 310.00 DocuSign Envelope ID: 5E9C55D5-791F-4F22-A4CB-1F3FE97D74AC -18-
TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JANUARY 2022
69340 PETER MARTINEAU REFUND - WATER DEPOSIT BALANCE FIN 365.15 69341 MASTERPIECE GARDENERS, INC MAINT - DEC '21 HBF LANDSCAPE VARIOUS SITES 550.00 69342 BRITT MILLER REFUND - WATER DEPOSIT BALANCE FIN 380.47 69343 NOEL L. MILLER, INC. MAINT - FORD F450 TRUCK #303 BRAKES PW 1,075.65 69344 PAYLESS WATER HEATERS & REFUND - PERMIT FEES DUPLICATE PAYMENT BP 210.05 69345 PETERSON POWER SYSTEMS, INC. REPAIR -MULTIPLE VEHICLES PW 2,375.05 69346 PG & E 12/3/21-12/29/21 MULPTIPLE ACCOUNTS 15,271.62 69347 PREFERRED ALLIANCE, INC. FEE - 2022 DRUG TESTING PROGRAM HR 1,350.48 69348 PRIME MECHANICAL SERVICE, INC MAINT - HVAC UNIT TOWN HALL PW 2,637.00 69349 PRIORITY 1 MAINT - MULTIPLE VEHICLES PD 2,800.00
69350 QUENCH USA, INC WATER FILTRATION SERVICE 12/28/21-1/27/22 PD 71.09 69351 R & A JANITORIAL SERVICE, LLC JAN '22 JANITORIAL SERVICES PW 13,718.72 69352 RECOLOGY SAN MATEO COUNTY SMCO GARBAGE FEES FY21-22 1ST PERIOD 50% FIN 585,150.00 69353 REDWOOD GENERAL TIRE CO. MAINT - TIRES TRUCK #234/177/POLARIS PW 1,723.88 69354 CHRIS ROGERS OPEN SPACE/SEWER VEGETATION MANAGE PW 5,998.75 69355 SAN DIEGO POLICE EQUIPMENT CO SUPPLIES - AMMUNITION PD 1,880.29 69356 SAN MATEO COUNTY SHERIFF'S OFF DEC'21 CRIME LAB SERVICES PD 130.00 69357 SAN MATEO LUMBER CO., INC MATERIALS - WOOD CORP YARD STAIRS PW 84.51 69358 SCHAAF & WHEELER CONSULTING SANITARY SEWER LIFT STATION IMPROVE PRJ PW 470.00 69359 BEN SOMMERS REFUND - BUILD DEPOSIT BP 3,894.00
69360 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 283.77 69361 STATE WATER RESOURCES CONTROL ANNUAL PERMIT FEE/21-22 WATER SYSTEM FEES PW 34,978.91 69362 RON STURZENEGGER REIMB - DOUBLE TAX ROLL CHARGES FIN 4,216.84 69363 SUTTER EAP OCT-DEC- '21 EMPLOYEE ASSIST U HR 825.83 69364 DENIZ TEOMAN REFUND - GRADE DEPOSIT BP 10,000.00
69365 THE EDCCO GROUP MAINT - CHERRY CREEK PUMP STAT SCADA SUPPORT 38,456.25 69366 THIRKETTLE CORPORATION PARTS - WATER METERS/ANTENAS PW 23,656.34 69367 TURBO DATA SYSTEMS, INC. DEC '21 CITATION PROCESSING & SCANNERS PD 1,573.05 69368 ULINE, INC. UNIFORM - VESTS STAFF PW 57.34
69369 UNITED SITE SERVICES, INC. PORT-POTTY RENTAL - WORK FURLOUGH PW 24.73 69370 VERIZON WIRELESS 11/11/21 - 12/10/21 MULTIPLE ACCOUNTS PD 1,471.71 69371 VIKING SHRED LLC DESTRUCTION SERVICES PD 78.99
69372 WILSEY HAM SANITARY SEWER EVALUATION PW 9,933.25
69373 LIANG XUAN REFUND - WATER DEPOSIT BALANCE FIN 190.33 69374 CALIFORNIA DEPARTMENT OF TAX SALES & USE TAX JUL-SEPT '21 1,623.00 TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $ 2,146,792.16 CALPERS RETIREMENT CONTRIBUTIONS 103,979.17
VISA PAYMENTS 28,349.38
RETIREE HEALTH REIMBURSEMENTS 78,100.42
TOTAL GOODS & SERVICES FOR THE MONTH $ 2,357,221.13
DocuSign Envelope ID: 5E9C55D5-791F-4F22-A4CB-1F3FE97D74AC -19-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
2 CONSENT CALENDAR
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ADOPTING REVISED POLICY 412: COMMITTEES AND BOARDS
SUMMARY: Town of Hillsborough Policy 412: Committees and Boards identifies the committees and boards that are advisory to the City Council and serve at the City Council’s discretion, outlines the recruitment and appointment process, defines areas of responsibility for each committee and board and defines member training requirements.
The attached redline policy (Attachment 2) includes the addition of the issuance of Town email addresses for all City Council-appointed board and committee members, to be used for all communications related to Town business. As email and other records related to Town business are public records which may need to be disclosed in accordance with the California Public Records Act and other statutes, issuance of Town email addresses to members will improve operational efficiency in this regard and ensure the Town can access and produce all records relating to Town business, if requested, as required by law. In addition, standardized email addresses will provide a consistent means for staff and members of the public to contact members.
Upon approval of the revised policy, Town staff will coordinate with members to provide brief training regarding access to their assigned Town email address. Upon leaving office, board/committee member access to the email address will be terminated.
Additional clarifying edits were made to align with current practices, including an update to the policy purpose to further clarify the purpose of the policy, and the addition of the AB 1661 sexual harassment prevention training requirement upon assuming office and annually.
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.
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:
1. Resolution
2. Policy 412: Committees and Boards (redline)
PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Adopt the resolution adopting revised Policy 412: Committees and Boards. -21-
-22-
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ADOPTING THE REVISED POLICY 412: COMMITTEES AND BOARDS
WHEREAS, the Town of Hillsborough (“Town”) has four active Council-appointed committees and boards: the Administrative Hearing Panel, Architecture and Design Review Board (ADRB), Citizens Communication Advisory Committee (CCAC) and the Financial Advisory Committee (FAC); and WHEREAS, the amendments to Policy 412: Committees and Boards incorporate the addition of the issuance of Town email addresses to all Council-appointed board and committee members to be used for all communications related for Town business; and
WHEREAS, an update to the policy purpose to clarify the purpose of the policy; and WHEREAS, the addition of the AB 1661 sexual harassment prevention training requirement for all members upon assuming office and annually, to align with current practice.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby adopts the revised Policy 412: Committees and Boards Policy.
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 14th day of February 2022, by the following vote of the members thereof:
AYES: Councilmembers _________________________________
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-23-
ATTACHMENT 1
1 COMMITTEES & AND BOARDS 09/14/20
T OWN OF H ILLSBOROUGH
C OMMITTEES AND BOARDS POLICY
POLICY 412 LAST REVISED
7/8/20152/14/22
PURPOSE: To identify the committees and boards that are advisory to the City Council and serve at the City Council’s discretion and to outline requirements of appointed members.
POLICY:
Appointment
Any resident of Hillsborough (and registered voter of the Town of Hillsborough per the Hillsborough Municipal Code for the Architecture and Design Review Board) can apply to become a member of a committee or board by filing a letter of interest, Committees and Boards Application and a current resume with the City Clerk. Persons who own property “directly or indirectly” can apply to become a member of the Administrative Hearing Panel. The letter of interest, application and resume will be kept on file for one year. When a vacancy occurs, the Committee or Board Chair and one or more of the following, Mayor, Council Liaison, City Manager and Staff Liaison(s) to that committee or board, may interview prospective candidates. Candidates are encouraged to attend a committee or board meeting or review a meeting agenda packet before being considered for formal appointment by the City Council.
The state legislature adopted the Maddy Local Appointive List Act of 1975, California Government Code Section 54970, et seq., for vacancies and appointments of citizens to public committees, commissions and boards. The Act provides that an appointment list be prepared each year by the City Council and posted by December 31st noting the names of members whose terms will expire in the upcoming year as well as their appointment date, date the term expires, and qualifications for being a member of each committee or board. The appointment list shall also contain a list of all public committees, commissions and boards that serve at the pleasure of the City Council and the necessary qualifications for each position. The appointment list is posted on the Town’s three official bulletin boards; at the Burlingame Public Library, San Mateo Public Library and Hillsborough schools; and on the Town’s website.
In the event a member of a committee or board is unable to continue to serve, a formal letter of resignation shall be submitted to the City Clerk. Any member of a committee or board may be removed at any time by a majority vote of the City Council with or without cause.
-24-
ATTACHMENT 2
2 COMMITTEES & AND BOARDS 09/14/20
Whenever an unscheduled vacancy occurs on one of the committees or boards due to resignation, death, termination or other reason, a special vacancy notice shall be posted in the office of the City Clerk; on the Town’s three official bulletin boards; at the Burlingame Public Library, San Mateo Public Library and Hillsborough schools; on the Town’s website; and if time allows, the Town’s monthly e-Announcement, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Appointment to that vacancy must not be made for at least 10 working days after posting of the special notice. The City Council may find that an emergency exists and fill the unscheduled vacancy immediately. A person appointed in this instance shall serve only until the final appointment is made.
Terms
Committee and board members may serve two consecutive full three-year terms.
Partial terms are in addition to this time limit. An Architecture and Design Review Board member may remain for all or a portion of a third consecutive three-year term, if so requested by the Mayor. The City Council may reappoint members to serve additional terms if it is necessary, desirable or beneficial for the effective functioning of the committee or board.
Chair
The Mayor shall annually appoint the Chair of all committees and boards. The term of the Chair shall be for one year; however, the Chair serves at the Mayor’s discretion and can be changed at any time. Reappointment may not exceed two full terms; however, the Mayor may reappoint the Chair to serve additional terms if it is necessary, desirable or beneficial for the effective functioning of the committee or board.
Special Appointments
The City Council shall designate City Council representatives to all regional and intergovernmental organizations and Joint Powers Authorities requiring City Council representation. The City Council may make special appointments to committees or boards or assign special projects to resident volunteers.
Meetings
The frequency of regular meetings shall be determined upon consultation with the assigned City Council liaison. Meetings shall be posted by the City Clerk and summary minutes shall be taken of the proceedings.
Brown Act
All meetings of the committees and boards are subject to the Brown Act. Members of the committees and boards will be required to attend Brown Act training.
AB 1234 Ethics Training
Members of the Architecture and Design Review Board, Administrative Hearing Panel and Financial Advisory Committee will be required to complete two hours of ethics training on an on-going basis consistent with the required timeframes contained in California Government Code Section 53235.1(b). within 30 days of assuming office, and every two years thereafter.
-25-
3 COMMITTEES & AND BOARDS 09/14/20
AB 1661 Sexual Harassment Prevention Training
All committee and board members are required to complete two hours of sexual harassment prevention training on an on-going basis consistent with the required timeframes contained in California Government Code Section 53237.1(b).
Statement of Economic Interests and Conflict of Interest Statement Members of the Financial Advisory Committee, Architecture and Design Review Board and Administrative Hearing Panel will be required to file a Statement of Economic Interests (California Fair Political Practices Commission Form 700) with the City Clerk within 30 days of assuming office, annually and within 30 days of leaving office.
Oath of Office
Members of the Architecture and Design Review Board and Administrative Hearing Panel having sovereign governmental functions shall be required to take an oath of office before serving on the committee or board.
Written Communications
All City Council-appointed board and committee members are issued Town email addresses, which must be utilized for all Town business.
Designation of Committees and Boards
The following are the committees and boards and their areas of responsibility as established by the Town of Hillsborough:
ADMINISTRATIVE HEARING PANEL
Mission: Develop and administer a program of education and policy compliance overseeing the condition of public and private property in order to enhance the Town’s heritage of natural beauty, foster its legacy of public safety and sustain the value of property for all residents. Hold hearings and issue decisions regarding Code violations and hear appeals on fines and penalties.
Qualifications/Composition: The preferred composition of the board shall be residents of the Town, or persons who own property “directly or indirectly”, familiar with the Town’s government and municipal code, with prior experience serving on committees or boards and an interest in fostering the Town’s beauty and property values.
Responsibilities:
● Review neighborhood complaints received by Code Enforcement. ● Review complaints received by the Building and Planning Department. ● Issue Decision and Orders outlining timeframes for homeowners to complete construction projects and hear appeals of penalties for delayed completion. ● Hear appeals of other matters as delegated by the City Council. -26-
4 COMMITTEES & AND BOARDS 09/14/20
● Enforce municipal, state and federal regulations to protect the general public welfare.
● Support property rights.
● Preserve the value of public and private property.
Membership: Up to five members. Three-year term.
Hearings: Monthly as needed
Staff Liaison: Code Enforcement Officer/Assistant City Attorney
ARCHITECTURE AND DESIGN REVIEW BOARD
Purpose: The purpose of the Architecture and Design Review Board is to encourage design that is responsive to the site, compatible with the surrounding neighborhood, in harmony with the natural environment and in keeping with the character of the Town.
Qualifications/Composition: “The preferred composition of the board shall be two architects or building designers, two other design professionals, and one resident-atlarge; however, other residents from the town may be appointed, if necessary, to complete the five-member board.” Hillsborough Municipal Code Section 2.12.030 Responsibilities:
● Design: To consider, render decisions and make recommendations to the City Council on applications and matters affecting the design of buildings, structures, landscaping and other improvements, with the goal of maintaining the environmental quality and high quality of aesthetic values that make the Town unique.
● Guidelines: To adopt guidelines for the review of applications.
Membership: Five members and one alternate. Three-year term.
Meetings: Once or twice per month
Staff Liaison: Director of Building and Planning
CITIZENS COMMUNICATION ADVISORY COMMITTEE
Mission: Assist the City Council and Town staff by making recommendations in communicating with residents regarding Town news, programs and issues.
Qualifications/Composition: The Citizens Communication Advisory Committee is composed of Hillsborough residents who are familiar with the Town and possess a desire to assist the Town in its communications with the residents.
Responsibilities:
● Oversee the development, editing and printing of the quarterly Town newsletter. -27-
5 COMMITTEES & AND BOARDS 09/14/20
● Review key City Council actions for communications.
● Explore methods of communicating with residents.
Membership: Five members. Three-year term.
Meetings: Once a month
Staff Liaison: City Manager
FINANCIAL ADVISORY COMMITTEE
Purpose: The purpose of the Financial Advisory Committee is to advise the City Council and Town staff on the Town’s financial matters and make recommendations to the City Council regarding budgetary management and the Town’s financial stability, and to advise on matters involving the City Council’s function in audit committee matters.
Qualifications/Composition: The Financial Advisory Committee is composed of Hillsborough residents who represent a broad spectrum of expertise from the fields of accountancy, investment management and fiscal control. The preferred qualifications include a familiarity with local government finance, prior experience serving on committees or boards, and an interest in advising the City Council and Town staff on financial matters.
Responsibilities:
Among other tasks, the Committee will review financial statements, provide guidance on the annual budget, monitor the Town’s investment program, review the annual audit and make recommendations to explore alternative strategies to further long-range financial objectives. The Financial Advisory Committee assists in assuring conformity to laws regarding state spending limits, revenue and taxation, and audits.
Membership: Seven members. Three-year term.
Meetings: Quarterly
Staff Liaison: Finance Director
Prior Versions: 9/14/2020, 7/8/2015
-28-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
3 CONSENT CALENDAR
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING THE 2022 LIGHTING SCHEDULE OF TOWN
HALL TO COMMEMORATE EVENTS
SUMMARY: In accordance with Policy 420: Flag Flying, Proclamations, and Public Awareness Campaigns, as adopted by City Council, the attached resolution authorizes the lighting of Town Hall during the remaining months of 2022 (February – December) to express the Town’s official sentiments as authorized by the City Council. The schedule is listed below. IIn addition to the scheduled lightings, the City Manager (or designee) may change the lights beyond the schedule listed below; for example, to reflect current local sporting events with team colors during playoffs or final events.
February
Red/Gold – Lunar New Year
Red/Green/Black – Black History Month
March
Purple – Women’s Health Month
Green – St. Patrick’s Day
Blue – Colon Cancer Awareness Month
Green – Cerebral Palsy Awareness Month
April
Blue – Autism Awareness Month
Green – Earth Day (April 22, 2022)
May
Blue – National Public Works Week (May 15 – 21, 2022)
Green – Mental Health Awareness Month
Red/White/Blue – Memorial Day Weekend
June
Orange – Gun Violence Awareness Month
Purple – Alzheimer's & Brain Awareness Month
Rainbow – Pride Month
July
Red/White/Blue – Independence Day (July 4, 2022)
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Agenda Staff Report - Hillsborough City Council
February 14, 2022
August
None
September
Gold – Pediatric Cancer Awareness
October
Purple – Domestic Violence Awareness Month
Orange – National Bullying Prevention Month
Orange – Halloween
Pink – Breast Cancer Awareness Month
November
Red/White/Blue – Veteran’s Day
Harvest Colors – Thanksgiving
December
Gold – Happy Holidays
FISCAL IMPACT: None
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:
1. Policy 420: Flag Flying, Proclamations, and Public Awareness Campaigns Policy
2. Resolution
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution authorizing the 2022 lighting schedule of Town Hall to commemorate events.
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1 T OWN OF H ILLSBOROUGH
FLAG FLYING , P ROCLAMATIONS , AND
P UBLIC AWARENESS CAMPAIGNS POLICY
POLICY 420 CREATED MAY 10, 2021
PURPOSE: This Flag Flying, Proclamations, and Public Awareness Campaigns Policy establishes guidelines for the flying of flags at facilities owned by the Town of Hillsborough (“Town”) and standards for flag flying, proclamations, and public awareness campaigns. The flying of flags, issuance of proclamations, and public awareness campaigns are not intended to serve as a forum for free expression by the public, but rather an expression of the Town’s official sentiments as authorized by resolution duly adopted by the City Council.
DEFINITIONS:
• “Agency” or “Town” means the Town of Hillsborough.
• “Commemorative Flag” shall mean any flag which identifies with a specific date, historical event, cause, nation, or group of people, whereby the Town honors or commemorates the date, event, cause, nation, or people by flying the flag. Commemorative Flags shall be displayed at Town facilities identified herein only upon City Council direction, consistent with the Town’s mission and values.
• “Decorations” does not include festive or other decorations installed by City Council or a local board or committee of the Town.
• “Proclamation” means a public or official announcement or declaration. • “Public Awareness Campaign” means an organized effort to promote a cause, raise awareness or reach a goal and includes but is not limited to using Town communications channels; Decorations; symbolic ribbons, stickers, or lights; or posters, excepting posters placed on Town bulletin boards intended for public use or otherwise regulated by the Town.
• “Town Flagpole” shall mean the flagpole situated in the Town Hall parking lot.
POLICY:
Flag Flying
It is the policy of the Town that the display of Commemorative Flags as an expression of the Town shall be made at the sole discretion of the City Council in accordance with the criteria specified in this policy.
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ATTACHMENT 1
2 Eligibility
The display of flags other than the flags of the United States of America and State of California, on the Town Flagpole is not permitted except as follows:
(a) The City Council may, by resolution, direct Town staff to display Commemorative Flags as an expression of the Town’s official sentiments by any of the following means:
1. Display on the flagpole located at Town Hall.
(b) Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days.
(c) A Commemorative Flag shall be flown no more than once per calendar year. (d) No Commemorative Flag will be approved where the flag relates to:
1. Political parties or political organizations;
2. Religious organizations or religious events or celebrations;
3. Celebrations, campaigns, or events with no direct relationship to the Town of Hillsborough;
4. Celebrations, campaigns, or events contrary to Town policies or values;
5. Celebrations, campaigns, or events intended for profit making purposes;
6. Attempting to influence government policy; or
7. Supporting discrimination, hatred, violence, or prejudice.
Procedure
1. No other flag shall be placed above the United States Flag and no other flag shall be larger than the United States Flag. Where both the United States Flag and the California State Flags are flown, they shall be of the same size.
2. Flags should be hoisted briskly and lowered ceremoniously. The United States Flag should be hoisted first and lowered last.
3. When flags are displayed on a single pole, the order from top to bottom shall be: the United States Flag, the California State Flag, and if displayed, additional flags as permitted by this policy.
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3 Proclamations
It is the policy of the Town that proclamations recognizing special events, achievements, or service to the community or Town shall be made at the discretion of the Mayor in accordance with the criteria specified in this policy.
Eligibility
1. Proclamations may be issued in recognition of the following:
1. Extraordinary achievement or outstanding community service;
2. Charitable fundraising events or local non-profit organizations (i.e., a Hillsborough non-profit or a local branch of a state or national non-profit organization);
3. Milestones for an individual or organization, such as major birthdays or anniversaries;
4. Retirements of individuals who have made significant contributions to the community;
5. Local art and cultural celebrations;
6. Public awareness campaigns.
Proclamations that fall within the categories listed above will be approved by the City Clerk or may be referred to the Mayor at the discretion of the City Clerk. Requests for proclamations that do not meet the criteria listed above will be considered on a caseby-case basis by the Mayor.
The Town retains the right to modify, edit or otherwise amend the proposed proclamation to meet its requirements, needs, or policy determinations. The Town reserves the right to decline any request for a proclamation.
Regardless of whether a proclamation qualifies under the above guidelines, the Town will not issue proclamations related to matters of ideological or religious beliefs, individual conviction, or political and legislative issues which may suggest an official Town position or endorsement. However, this prohibition shall not be interpreted as preventing the Town from recognizing cultural events or holidays celebrated by religious groups in the Town.
Proclamations will not recognize any group whose policies or objectives advocate violence, hatred, or any other position contrary to the well-being of the citizens of the Town.
No proclamation shall be used as a part of an advertisement or commercial promotion without the express permission of the Town in conjunction with the Mayor.
Procedure
Requests for proclamations may be made by:
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4 1. The Mayor or any member of the City Council
2. A resident of the Town or a representative of a local organization for which the Proclamation is requested.
Requests must be made to the City Clerk in writing via email, hand- delivery, or U.S. mail. Requests must be made six (6) weeks in advance of the date the proclamation is needed. Requests made less than six (6) weeks in advance will not be granted, except in limited circumstances.
The following information should be included in each request:
1. Contact person’s first and last name, phone number and email address.
2. A brief summary of the event or organization.
3. Specific name and date for the day, week or month or event to be proclaimed.
4. Indicate whether the requester would like the proclamation to be presented at a Council Meeting. Requests must be made six (6) weeks in advance of the date the proclamation is needed.
5. The date of the Council Meeting to be presented or the date by which the proclamation is needed.
6. Draft text of the proclamation, including four to five recitals (i.e., “whereas” clauses).
7. If the proclamation will not be presented at a City Council meeting, provide a mailing address where the final proclamation may be sent or indicate that the proclamation will be picked up, including the receiver’s name and title.
8. Proclamations must fit on a single 8 ½” x 11” page and be in 11- or 12-point font, with room remaining for the Mayor’s and City Councils’ signature.
If a proclamation is presented at a City Council meeting, presentation and receipt of the proclamation shall not exceed five (5) minutes, except as otherwise approved by the Mayor.
If the proclamation will not be presented at a City Council meeting, provide a mailing address where the final proclamation may be sent or indicate that the proclamation will be picked up, including the receiver’s name and title.
Public Awareness Campaigns
It is the policy of the Town that participation in a Public Awareness Campaign as an expression of the Town shall be made at the discretion of the City Council in accordance with the criteria specified in this policy.
Eligibility
The City Council may, by resolution, direct Town staff to participate in a Public Awareness Campaign as an expression of the Town’s official sentiments by any of the following means:
1. Post event dates and information on the Town calendar. -34-
5 2. Include language or artwork in connection with promotion of a cause or event in Town communications (i.e., e-Announcement, printed Newsletter, Town website, etc.)
3. Use of Town property as a gathering place or meeting point for rallies, marches, or speaking events.
(b) Requests will not be approved where the Public Awareness Campaign support or endorses:
1. Political parties or political organizations;
2. Religious organizations or religious events or celebrations;
3. Celebrations, campaigns, or events with no direct relationship to the Town of Hillsborough;
4. Celebrations, campaigns, or events contrary to Town policies or values;
5. Celebrations, campaigns, or events intended for profit making purposes;
6. Attempting to influence government policy; or
7. Supporting discrimination, hatred, violence, or prejudice.
Procedure
Requests for Public Awareness Campaigns may be made by:
1. The Mayor or any member of the City Council
2. A resident of the Town or a representative of a local organization for which the Proclamation is requested.
Requests must be made to the City Manager in writing via email, hand- delivery, or U.S. mail. Requests must be made six (6) weeks in advance of the date that Town support, assistance, or involvement is needed. Requests made less than six (6) weeks in advance will not be granted, except in limited circumstances.
The following information should be included in each request:
1. Contact person’s first and last name, phone number and email address.
2. A brief summary of the cause or event.
3. Specific name and any relevant dates related to the campaign.
4. Indicate the campaign duration and a description requested involvement by the Town, including any or all of the following:
a. Inclusion in Town communications
b. Use of Town facilities or resources
c. Other requested activities (i.e., proclamation)
5. Draft text or artwork (in .jpeg, .pdf, or .png format) to be included in any Town communications.
The Town retains the right to modify, edit or otherwise amend the proposed language to meet its requirements, needs, or policy determinations. The Town reserves the right to decline any request for a Public Awareness Campaign. -35-
6 Regardless of whether a campaign qualifies under the above guidelines, the Town will not participate in Public Awareness Campaigns related to matters of ideological or religious beliefs, individual conviction, or political and legislative issues which may suggest an official Town position or endorsement. However, this prohibition shall not be interpreted as preventing the Town from recognizing cultural events or holidays celebrated by religious groups in the Town.
Public Awareness Campaigns will not recognize any group whose policies or objectives advocate violence, hatred, or any other position contrary to the well-being of the citizens of the Town.
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RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AUTHORIZING THE 2022 LIGHTING SCHEDULE OF TOWN HALL TO
COMMEMORATE EVENTS
WHEREAS, by unanimous approval of the City Council on May 10, 2021, the Town of Hillsborough (“Town”) adopted Policy 420 (“Policy”), regarding the participation of the Town in flag flying, proclamations, and public awareness campaign efforts; and
WHEREAS, the Policy establishes standards and guidelines for the Town’s participation in public awareness campaigns, and specifies that such participation is entirely within the discretion of the City Council; and WHEREAS, when the City Council directs by resolution, Town staff may participate in a public awareness campaign by providing for the use of Town facilities, including lighting Town Hall to commemorate various events authorized by the Policy; and
WHEREAS, Town staff is proposing the following event lighting schedule for 2022:
February
Red/Gold – Lunar New Year
Red/Green/Black – Black History Month
March
Purple – Women’s Health Month
Green – St. Patrick’s Day
Blue – Colon Cancer Awareness Month
Green – Cerebral Palsy Awareness Month
April
Blue – Autism Awareness Month
Green – Earth Day (April 22, 2022)
May
Blue – National Public Works Week (May 15 – 21, 2022)
Green – Mental Health Awareness Month
Red/White/Blue – Memorial Day Weekend
June
Orange – Gun Violence Awareness Month
Purple – Alzheimer’s & Brain Awareness Month
Rainbow – Pride Month
July
Red/White/Blue – Independence Day (July 4, 2022)
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ATTACHMENT 2
August
None
September
Gold – Pediatric Cancer Awareness
October
Purple – Domestic Violence Awareness Month
Orange – National Bullying Prevention Month
Orange – Halloween
Pink – Breast Cancer Awareness Month
November
Red/White/Blue – Veteran’s Day
Harvest Colors – Thanksgiving
December
Gold – Happy Holidays
WHEREAS, the proposed holidays, events, and campaigns as defined in this 2022 lighting schedule adhere to Policy 420; and
WHEREAS, the Town desires to illuminate the Town Hall building, and to recognize the above-identified events and campaigns.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby directs that the Town Hall building should be illuminated to celebrate the events and campaigns in 2022 as set forth in this resolution.
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 14th day of February 2022, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
4 CONSENT CALENDAR
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A LEGAL
SERVICES AGREEMENT WITH SHER EDLING LLP TO EXPLORE LITIGATION OPTIONS ON
A CONTINGENCY FEE BASIS FOR REPRESENTATION IN PCB LITIGATION SUMMARY: Under the Clean Water Act and related regulations, municipalities in San Mateo County are required to remove PCBs from stormwater discharged into the San Francisco Bay.
PCB removal is costly. Based on the 2019-2020 annual report submitted by the City/County Association of Governments (C/CAG), the total cost for PCB compliance over the next 60 years is approximately $2,111,625,935. The county and all cities and towns share that cost, with the exception of Pacifica and Half Moon Bay, which do not drain to the Bay.
There is currently a class settlement pending which would provide $102,506 to the Town in exchange for a waiver of all PCB-related stormwater claims. At this time, we are asking the City Council to approve and authorize a legal services agreement with Sher Edling LLP on a contingency fee basis to explore litigation options related to the pending class settlement.
FISCAL IMPACT: The City Council’s approval and authorization for the City Manager to enter into a legal services agreement is not anticipated to cause any financial impact on the Town as the arrangement will be on a contingency fee basis. Thus, if the City Council files any litigation and recovers, the law firm of Sher Edling LLP will be paid on that basis. Otherwise, no Town funds will be expended other than staff time in working with Sher Edling LLP.
ENVIRONMENTAL ISSUES: The City Council’s action to approve and authorize the City Manager to enter into a legal services agreement is not a project subject to the California Environmental Quality Act as it can be seen with certainty that the action will not have a significant effect on the environment pursuant to CEQA Guideline 15061(b)(3).
ATTACHMENTS: None
PREPARED BY: Christopher J. Diaz, City Attorney
RECOMMENDATION: Approve and authorize the City Manager to execute a legal services agreement with Sher Edling LLP to explore litigation options on a contingency fee basis for representation in PCB litigation.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
5 CONSENT CALENDAR
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH G.
BORTOLOTTO & CO., INC. FOR THE 2021 STREET RESURFACING PROJECT IN THE AMOUNT OF $3,500,488.90 AND AUTHORIZE THE TRANSFER OF FUNDS FOR THE
PROJECT
SUMMARY: This project consisted of street resurfacing and rehabilitation work for over 27 miles of the Town’s roadways of conventional asphalt, micro-surfacing, and crack seal preventative maintenance.
The primary factor for choosing streets for rehabilitation was the Pavement Condition Index (PCI) of each roadway. PCI is a measure of a street’s condition derived through field inspections that utilize scoring criteria developed by the Metropolitan Transportation Commission (MTC) pavement management program. Field inspections were conducted in July 2020, and the roads with the lowest PCI rating were used to determine the 2021 year’s roadway. As of December 2021, the project increased the average PCI condition rating of streets in the Town to 81.
FISCAL IMPACT: The project was awarded in April 2021 with a total construction budget of $3,592,714.00, with 10% contingency in the amount of $359,271.40, if needed, for a total project budget of $3,951,985.40. The project was successfully completed in the amount of $3,500,488.90, which is below the authorized budget.
Due to favorable pricing and desired timing of construction and completion, in April 2021, the City Council approved a FY 2020-21 budget amendment to Capital Improvement Fund CIP #401.47 in the amount of $3,797,545.00 and authorized the Finance Director to make an inter-fund borrowing in FY 2021-22 for cash flow purposes of up to $1.25 million from the General Fund to the Capital Fund for CIP #401.47 to be paid back no later than June 30, 2022 (Resolution No. 21-30). Funding was allocated from FY 2020-21 Capital Improvement Fund CIP #401.47. The attached Resolution revises Resolution No. 21-30 to adjust the inter-fund borrowing payback schedule to June 30, 2023 and to include a FY 2021-22 budget amendment to transfer the remaining street special revenue funds’ final balances on June 30, 2022 to the Fund 401 Capital Fund. This transfer was anticipated in the funding of this project and the Resolution aligns the revenues to where the project spending occurred (in the Capital Fund).
ENVIRONMENTAL ISSUES: This project is categorically exempt from the California Environmental Quality Act (CEQA) according to Section 15301 of the California Code of Regulations.
ATTACHMENTS:
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Agenda Staff Report - Hillsborough City Council
February 14, 2022
1. Resolution
2. Resolution No. 21-30
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the Resolution accepting as complete the contract with G. Bortolotto & Co., Inc for the 2021 Street Resurfacing Project, the final amount of which is $3,500,488.90, authorizing staff to file a Notice of Completion for the project, direct staff to release withheld retention in accordance with state prompt payment laws, and authorizing the transfer of funds for the project.
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RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ACCEPTING AS COMPLETE THE CONTRACT WITH G. BORTOLOTTO & CO., INC. FOR THE 2021 STREET RESURFACING PROJECT IN THE AMOUNT OF $3,500,488.90 AND AUTHORIZE THE TRANSFER OF FUNDS
FOR THE PROJECT
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s system of roadways; and
WHEREAS, the Town developed plans and specifications for the 2021 Street Resurfacing Project (“Project”) to rehabilitate over 27 miles of roadway with conventional asphalt, micro-surfacing, and crack sealing preventative maintenance; and
WHEREAS, the Project was publicly bid and advertised in accordance with the Uniform Public Construction Cost Accounting Act and the Town received five bids for the Project; and
\WHEREAS, staff reviewed the bids and determined G. Bortolotto & Co., Inc. was the lowest responsible bidder submitting a responsive bid in the amount of $3,592,714.00; and
\WHEREAS, the Project was awarded to G. Bortolotto & Co., Inc. on April 12, 2021 in the amount of $3,592,714.00; and
WHEREAS, the Town established a 10% contingency for a total Project budget of $3,951,985.40; and
WHEREAS, funding for the Project was allocated from FY 2020-21 Capital Improvement Fund CIP#401.47; and
WHEREAS, a notice to proceed was issued to the G. Bortolotto & Co., Inc. and the Project progressed until completed for the amount of $3,500,488.90; and WHEREAS, the Town adopted Resolution No. 21-30 and it outlined potential funding mechanisms for any Project deficit including an inter-fund borrowing from the General Fund, American Plan Rescue Act Funding or a long-term loan from the General Fund and the final funding plan has now been updated; and
WHEREAS, this Resolution amends Resolution No. 21-30 to extend the pay back date to June 30, 2023 from June 30, 2022 where Resolution No. 21-30 authorized the Finance Director to make an inter-fund borrowing in FY 2021-22 of up to $1.25 million from the General Fund to the Capital Fund for CIP #401.47 to be paid back no later than June 30, 2022; and -43-
ATTACHMENT 1
WHEREAS, the Town will transfer the street-related special revenue fund balances on June 30, 2022 to Capital Fund 401 to fund this Project in the amount up to $550,000 from Fund 201 - Gas Tax Fund, $400,000 from Fund 202 – Measure A Fund, and $400,000 from Fund 207 – Measure W Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough does hereby:
1. Authorize the Finance Director to make an inter-fund borrowing in FY 2021-22 for cash flow purposes of up to $1.25 million from the General Fund to the Capital Fund for CIP #401.47 to be paid back no later than June 30, 2023.
2. Authorize the transfer of June 30, 2022 fund balances in the Gas Tax Fund No. 201 of up to $550,000, Measure A Fund No. 202 of up to $400,000 and Measure W Fund No. 207 of up to $400,000 to fund this Project.
3. Accept as complete the contract with G. Bortolotto & Co., Inc. for the 2021 Street Resurfacing Project, the final amount of which is $3,500,488.90, authorize staff to file a Notice of Completion for the Project, and direct staff to release withheld retention in accordance with state prompt payment laws.
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 14th day of February 2022, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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ATTACHMENT 2
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
6 CONSENT CALENDAR
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CASEY CONSTRUCTION, INC. FOR THE A2 PRIORITY PROJECTS – PHASE 2 DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,871,640.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $187,164.00, IF NEEDED, FOR A TOTAL ALLOCATION OF $2,058,804.00
SUMMARY: This project includes improvements to five storm drain systems that were previously identified as "A2" priority in the Town's 30-Year Storm Water Master Plan, the second highest priority of the evaluation criteria defined in the master plan. The "A1" highest priority projects were completed in 2019. The "A2" storm drain systems are hydraulically undersized or structurally deficient but are not in imminent danger or failure. These high priority pipelines are owned and maintained by the Town and planned improvements have been designed to alleviate localized flooding, improve public safety, protect public property, and reduce long term maintenance requirements. This is the second phase of the second highest priority projects. "A2" Priority Projects – Phase 1 was completed in 2019.
This phase focuses on underground detention to reduce the risk of localized flooding and the need to upsize pipes downstream to meet capacity improvements. This phase also incorporates bioretention systems to treat stormwater runoff before it enters the storm drain system and creeks, consistent with the goals of the Town’s Green Infrastructure plan which was adopted in 2019.
Improvements in this project include new storm drain detention systems, flow control structures, pipes, inlets, manholes, and bioretention basins. All improvements are within the public right-ofway or convey public water.
The project was publicly bid and advertised in accordance with the Uniform Public Construction Cost Accounting Act and the Town received the following six responsive bids:
BID CONTRACTOR
$1,871,640.00 Casey Construction, Inc.
$2,156,760.00 EPS, Inc.
$2,224,115.00 Golden Bay Construction, Inc.
$2,245,720.00 W.R. Forde Associates, Inc.
$2,570,670.00 Cratus, Inc.
$2,824,760.00 Devaney Engineering, Inc.
The apparent low bid in the amount of $1,871,640.00 was submitted by Casey Construction, Inc.
The low bid amount for this project is approximately 10% above the advertised engineering estimate. Staff conducted an analysis of the bid submittal and found the bid prices reasonable, and -47-
Agenda Staff Report - Hillsborough City Council
February 14, 2022
determined that the low bidder’s qualifications and experience levels are satisfactory to perform all work associated with this project. Casey Construction, Inc. has successfully bid and completed projects for the Town in the past, and has a positive work history.
FISCAL IMPACT: It is recommended that funding for the project be allocated from the approved budget for the FY 2021-22 Storm Water Master Plan Improvement Program (#814.47) in the amount of $1,671,640.00 and Green Infrastructure Program (#815.47) in the amount of $200,000.00, with a 10% contingency in the amount of $187,164.00 allocated for use, if needed, for a total allocation of $2,058,804.00. Sufficient funding remain in these budgets for this project.
ENVIRONMENTAL ISSUES: This project is exempt from the California Environmental Quality Act (CEQA) per Section 15301 of the California Code of Regulations.
ATTACHMENTS:
1. Resolution
2. Contract
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution awarding to and authorizing the City Manager to execute the contract on behalf of the Town with Casey Construction, Inc. for the A2 Priority Projects – Phase 2 Drainage Improvements in the amount of $1,871,640.00 with a 10% contingency in the amount of $187,164.00, if needed, for a total construction budget of $2,058,804.00.
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RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CASEY CONSTRUCTION, INC. FOR THE A2 PRIORITY PROJECTS – PHASE 2 DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,871,640.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $187,164.00, FOR A TOTAL PROJECT BUDGET OF $2,058,804.00
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s storm drain system; and
WHEREAS, the Town’s capital improvement budget identified a project to evaluate and replace or rehabilitate deficient segments of pipe in the Town’s storm drain system; and
WHEREAS, the A2 Priority Projects – Phase 2 Drainage Improvements (“Project”) consists of installing approximately 1,450 linear feet of underground detention tanks and associated manholes, laterals, flow control structures and approximately 340 square feet of bioretention areas; and WHEREAS, the Town developed plans and specifications for improvements to the Town’s storm drain system to reduce the risk of localized flooding and to upsize pipes downstream to meet capacity improvements; and WHEREAS, the Project was publicly bid and advertised in accordance with the Uniform Public Construction Cost Accounting Act, and the Town received six bids for the Project; and
WHEREAS, Casey Construction, Inc. was the lowest responsible bidder submitting a responsive bid in the amount of $1,871,640.00; and
WHEREAS, staff conducted an analysis of the bid and verified that Casey Construction, Inc.’s qualifications and experience levels are satisfactory; and
WHEREAS, funding for the Project will be allocated from the Storm Water Master Plan Improvement Program (Capital Improvement Plan #814.47) in the amount of $1,671,640.00 and the Green Infrastructure Program (Capital Improvement Plan #815.47) in the amount of $200,000, with a 10% contingency in the amount of $187,164.00, if needed, for a total budget of $1,871,640.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby awards to and authorizes the City Manager to execute the contract on behalf of the Town with Casey Construction, Inc. for the A2 Priority projects – Phase 2 Drainage Improvements in the amount of $1,871,640.00, and authorize a 10% contingency in the amount of $187,164.00, if needed, for a total budget of -49-
ATTACHMENT 1
$2,058,804.00, allocating funds from the Storm Water Master Plan Improvement program (CIP #814.47) and Green Infrastructure Program (CIP #815.47).
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 14th day of February 2022, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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61236.01300\33085886.1
-45- 00 52 13 – CONTRACT
00 52 13 – CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between Town of Hillsborough, sometimes hereinafter called “Town,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
A2 PRIORITY PROJECTS – PHASE 2 DRAINAGE IMPROVEMENTS
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 180 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the Town may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
CASEY CONSTRUCTION, INC.
ONE MILLION EIGHT HUNDRED SEVENTY ONE THOUSAND SIX HUNDRED FORTY 1,871,640.00
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ATTACHMENT 2
61236.01300\33085886.1
-46- 00 52 13 – CONTRACT
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Town’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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61236.01300\33085886.1
-47- 00 52 13 – CONTRACT
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
TOWN OF HILLSBOROUGH [INSERT NAME OF CONTRACTOR]
By: By:
[INSERT NAME]
[INSERT TITLE] Its:
Printed Name:
ATTEST:
By:
Town Clerk
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
CASEY CONSTRUCTION, INC.
ANN RITZMA
CITY MANAGER
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
7 CONSENT CALENDAR
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING AS COMPLETE THE EMERGENCY CONTRACT WITH EPS, INC. FOR THE EMERGENCY SEWER LIFT STATION REPAIRS AND REPLACEMENT AT THE POLICE DEPARTMENT IN THE AMOUNT OF $72,850 SUMMARY: On December 27, 2021, an emergency contract for the Emergency Sewer Lift Station Repairs and Replacement at the Police Department was awarded to EPS, Inc. by the City Manager and subsequently ratified by the City Council. This project included modification of the existing fiber glass tanks, replacement of two existing pumps, and updates to associated plumbing and electrical appurtenances as necessary. EPS, Inc. successfully completed the project on time and within budget.
FISCAL IMPACT: The total contract amount awarded, with contingency, was in the amount of $87,420.00. The project was completed in the amount of $72,850, which is within the authorized budget with contingency. Funding for the project was allocated from the operations budget for Wastewater Collection – Contractual – General.
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 accepting as complete the emergency contract with EPS, Inc. for the Emergency Sewer Lift Station Repairs and Replacement at the Police Department, the final amount of which is $72,850, authorizing staff to file a Notice of Completion for the project, and release withheld retention in accordance with state prompt payment laws. -55-
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ACCEPTING AS COMPLETE THE CONTRACT WITH EPS, INC. FOR THE
EMERGENCY SEWER LIFT STATION REPAIRS AND REPLACEMENT AT THE POLICE DEPARTMENT IN THE AMOUNT OF $72,850.00
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 of the Town’s Police Station, staff, and 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 of the failed sewer lift station; 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 Repairs and Replacement at the Police Department (“Project”) modified the existing fiber glass tank, determined to be in reusable condition, replaced the two existing pumps, and updated associated plumbing and electrical appurtenances as necessary; and WHEREAS, funding for the Project was allocated from the operations budget for Wastewater Collection – Contractual – General; and
WHEREAS, a Notice to Proceed was issued to EPS, Inc. and the Project progressed as anticipated until completed for a total contract amount of $72,850.00. -56-
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. Accepts as complete the emergency contract with EPS, Inc. for the Emergency Sewer Lift Station Repairs and Replacements at the Police Department in the amount of $72,850.00, authorizes staff to file a Notice of Completion for the Project, and release withheld retention in accordance with state prompt payment laws.
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 14th day of February 2022, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-57-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
8 CONSENT CALENDAR
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING THE PURCHASE OF REPLACEMENT PUBLIC WORKS CONSTRUCTION VEHICLES IN THE AMOUNT OF $277,812.09 SUMMARY: The Public Works Department is scheduled to replace one Backhoe and one Tractor in FY 2021-22. The vehicles scheduled to be replaced are HPW Backhoe #BH-1 and Tractor #T-1.
The existing backhoe is approximately 16 years old, purchased in 2006, and the tractor replaces a vehicle held in the department since 1992. The backhoe has needed significant repairs recently, and replacement with modern reliable equipment is necessary as these construction vehicles are necessary for daily operations, as well as emergency operations.
Backhoe #BH-1 is assigned to the water division and Tractor #T-1 is assigned to the streets division.
Water Division Vehicle Replacement:
Heavy equipment manufacturers were contacted and invited to submit bids for a backhoe. Three manufacturers HOLT of CA Cat, Petersen Cat (SL) and Quinn Cat responded with proposals as follows:
MANUFACTURER PRICE PER BACKHOE – 420 XE
Petersen Cat (SL) $163,409.70
HOLTof CA Cat $169,461.60
Quinn Cat $177,252.66
The Petersen Cat (SL) and HOLT of CA Cat proposals included the current 9.375% sales tax.
The Quinn Cat proposal included a 9.25% sales tax and not the current 9.375% sales tax, which would add $202.15 to their bid price, resulting in a total of $177,454.81.
Sewer Division Vehicle Replacement:
Heavy equipment manufacturers were contacted and invited to submit bids for a tractor. Three manufacturers HOLT of CA Cat, Petersen Cat (SL) and Quinn Cat. responded with proposals as follows:
MANUFACTURER
Petersen Cat (SL)
HOLT of CA Cat
PRICE PER TRACTOR – 415 IL
$114,402.39
$117,822.64
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Agenda Staff Report - Hillsborough City Council
February 14, 2022
Quinn Cat $124,180.10
The Petersen Cat (SL) and HOLT of CA Cat proposals included the current 9.375% sales tax.
The Quinn Cat proposal included a 9.25% sales tax and not the current 9.375% sales tax, which would add $141.43 to their price, resulting in a total of $124,234.53.
Staff recommends purchasing one Backhoe-420 XE from Petersen Cat (SL) for $163,409.70, and one Tractor-415 IL from Petersen Cat (SL) for $114,402.39. The total cost for the two vehicles is $277,812.09.
FISCAL IMPACT: There are existing funds in the Public Works Vehicle Capital Replacement Fund for the replacement vehicles.
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: Resolution
PREPARED BY: Sara Bachmann, Senior Management Analyst
RECOMMENDATION: Adopt the resolution approving the purchase of two Public Works Construction Vehicles, one Backhoe-420 XE and one Tractor-415 IL, in the amount of $277,812.09, allocating funds from the Public Works Vehicle Capital Replacement Fund. -60-
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
APPROVING THE PURCHASE OF REPLACEMENT PUBLIC WORKS
CONSTRUCTION VEHICLES IN THE AMOUNT OF $277,812.09
WHEREAS, the City Council of the Town of Hillsborough (“Town”) approved capital Public Works vehicle capital replacement funding for FY 2021-22 in the amount of $823,000; and
WHEREAS, he Public Works Department invited competitive bids from three qualified heavy equipment manufacturers for the purchase of one Backhoe-420 XE and one Tractor-415 IL; and
WHEREAS, the Public Works Department received proposals from all three qualified heavy equipment manufacturers; and
WHEREAS, Petersen Cat (SL) submitted the lowest bids in the amount of $163,409.70 for one Backhoe-420 XE, and $ 114,402.39 for one Tractor-415 IL for a total amount of $277,812.09.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves the purchase of two Public Works Construction Vehicles, one Backhoe-420 XE and one Tractor-415 IL, in the amount of $277,812.09, allocating funds from the Public Works Vehicle Capital Replacement Fund.
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 14th day of February 2022, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-61-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
9 CONSENT CALENDAR
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT
PUBLIC WORKS VEHICLE WITH ONE ELECTRIC TRANSIT VAN IN THE AMOUNT OF $55,482.13
SUMMARY: The Public Works Department is scheduled to replace one water testing unit van, (Water #305), in FY 2021-22. The proposed replacement vehicle will be one Ford E-Transit Cargo Van T-350, Electric Van. The State of California has a goal of electrifying government fleets by 2025 to help reduce greenhouse gases and transportation emissions by 40% by 2030.
Furthermore, California would like 100% Electric Vehicle sales by 2035. This purchase supports the Town’s plan to go green, and further reduce our carbon footprint. As part of the Town's participation in Peninsula Clean Energy's Public Facility Solar and Storage Procurement Process (approved by the City Council October 11, 2021), solar panels will be installed at the corporation yard that will help to power the electric charger for the vehicle.
The following bid was received through the Town’s Sourcewell cooperative purchasing agreement.
The Town participates in cooperative purchasing agreement to ensure reliable low bids for public equipment, including vehicles.
MANUFACTURER PRICE PER FORD E-TRNSIT CARGO VAN
National Auto Fleet Group $55,482.13
FISCAL IMPACT: There are existing funds in the Public Works Vehicle Capital Replacement Fund for the replacement vehicles. Ford electric vehicles may be eligible to receive a Federal Tax Credit of up to $7,500 each. Further grants available through California Air Resources Board, Congestion Mitigation Air Quality Funds, and the California Clean Fuel reward program will also be applied for.
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: Resolution
PREPARED BY: Sara Bachmann, Senior Management Analyst
RECOMMENDATION: Adopt the resolution approving the purchase of one Ford E-Transit Cargo Van T-350, Electric Van, as a replacement for the current Sprinter Van and allocate funds from the Public Works Vehicle Capital Replacement Fund.
-63-
-64-
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC WORKS VEHICLE WITH ONE ELECTRIC TRANSIT VAN IN THE AMOUNT OF $55,482.13 WHEREAS, the City Council of the Town of Hillsborough (“Town”) approved capital Public Works vehicle capital replacement funding for FY 2021-22 in the amount of $823,000; and
WHEREAS, pursuant to the Town’s Purchasing Policy, for a purchase of this amount, the Town is required to conduct a formal Request for Proposals (RFP); and
WHEREAS, the Town is opting to make use of an RFP process already conducted by Sourcewell as a Cooperative Purchase; and
WHEREAS, Town staff believes the terms of the RFP issued by Sourcewell are generally similar and consistent with the Town’s requirements imposed by the Town’s Purchasing Policy, thereby ensuring the Town is obtaining the best pricing as part of this cooperative arrangement
WHEREAS, the Public Works Department received a quote through the Town’s Sourcewell cooperative purchasing agreement for one Ford E-Transit Cargo Van T-350 in the amount of $55,482.13.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves the purchase of one Ford E-Transit Cargo Van T-350 in the amount of $55,482.13 allocating funds from the Public Works Vehicle Capital Replacement Fund.
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 14th day of February 2022, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-65-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
10 CONSENT CALENDAR
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE PLANNING FIRM OF
HOUSEAL LAVIGNE ASSOCIATES FOR PROFESSIONAL PLANNING SERVICES SUPPORTING AN UPDATE OF THE TOWN OF HILLSBOROUGH’S HOUSING, SAFETY, AND
LAND USE GENERAL PLAN ELEMENTS
SUMMARY: Per the Cycle 6 Regional Housing Needs Allocation (RHNA 6) process, updates to the Town’s Housing and Safety Elements are due to the state Department of Housing and Community Development (HCD) by January 31, 2023. After a robust solicitation process, at the September 2021 City Council meeting the Council authorized the City Manager to execute an agreement with Houseal Lavigne Associates for professional planning services to support this update. Staff now recommends that Council approve an amendment to this agreement to support an expanded community outreach program for this project.
Background
In March 2021, staff issued a Request for Proposals (RFP) soliciting submittals from firms interested in providing consultant services for the Housing Element Update project, and one proposal was received. Upon further subsequent direction from Council at the June 2021 Council meeting, staff reissued the project RFP in July 2021, resulting in receipt of two additional proposals.
As the project must be completed in an already tight timeframe prescribed by state statute, and as project commencement was delayed by 4+ months due to unanticipated challenges related to consultant procurement, staff felt that time was of the essence in bringing a project contract before Council for approval. For this reason, at the September 2021 Council meeting staff recommended that Council approve the Houseal Lavigne proposal as submitted in an effort to get the firm under contract as soon as possible and allowing the delayed project to commence. Staff would then return to Council at a later date with a contract amendment, allowing time for staff, the project Council subcommittee, and the consultant to develop details related to the community outreach strategy. At the September 2021 Council meeting, Council approved and authorized the City Manager to execute an agreement with Houseal Lavigne Associates in the amount of $227,269.
Discussion
The Town and Consultant teams have mapped out a robust community outreach strategy, which is outlined in Exhibit A to Attachment 2. The additions to the project scope result in a cost increase of $247,731, bringing the total contract cost to $475,000. Costs for this project are included in the previously adopted FY 2021-22 budget.
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Agenda Staff Report - Hillsborough City Council
February 14, 2022
A total of $750,000 has been allocated for the General Plan Update project, which includes this work. As the Housing Element update work is the “heavy lift” portion of the broader General Plan Update, staff recommends that the amount of this contact amendment is appropriate, and that the remaining funds should be sufficient to complete the balance of the General Plan update in FY 2023-24.
FISCAL IMPACT: Amendment Amount: $247,731. Previously Approved Amount: $227,269 (September 13, 2021, Resolution No. 21-75). Not-to-exceed amount: $475,000. Costs for this project are included in the previously adopted FY 2021-22 budget.
ENVIRONMENTAL ISSUES: California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and are therefore exempt from CEQA and no further environmental review is required. Environmental review of the Housing, Safety and Land Use elements of the General Plan and related updates to Town implementing policies and tool will occur as a part of those respective projects and are not included in this CEQA determination.
ATTACHMENTS:
1. Resolution
2. Proposed Contract Amendment
PREPARED BY: Sarah Fleming, Director of Building and Planning RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an amendment to the agreement with the planning firm of Houseal Lavigne Associates for professional planning services supporting an update of the Town of Hillsborough’s Housing, Safety, and Land Use General Plan Elements.
-68-
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE AGREEMENT WITH HOUSEAL LAVIGNE ASSOCIATES,
LLC, FOR PROFESSIONAL PLANNING SERVICES SUPPORTING AN UPDATE OF THE TOWN OF HILLSBOROUGH’S HOUSING, SAFETY, AND LAND USE
GENERAL PLAN ELEMENTS
WHEREAS, on March 17, 2021, staff issued a Request for Proposals (RFP) soliciting submittals from firms interested in assisting with the update of the Town’s General Plan and one proposal was received; and
WHEREAS, after receiving direction at the June 14, 2021, Council Meeting on a revised approach, staff reissued the RFP and two proposals were received; and
WHEREAS, proposals were evaluated based on Firm Experience, Staff Qualifications, Approach to Organization & Project Management, Approach to Quality Control and Assurance and Positive Professional References; and WHEREAS, the firm of Houseal Lavigne Associates, LLC was selected as the most qualified and responsive consultant; and
WHEREAS, as the project must be completed in a limited timeframe as prescribed by state statute and as project commencement was delayed by 4+ months due to unanticipated challenges related to consultant procurement staff recommended approval of the Houseal Lavigne proposal as submitted at the September 13, 2021 Council meeting to allow the delayed project to commence immediately; and
WHEREAS, at the September 13, 2021 Council meeting the City Council approved and authorized the City Manager to execute a contract with Houseal Lavigne Associates, LLC for professional planning services supporting an update of the Town of Hillsborough’s housing, safety, and land use general plan elements in the amount of $227,269.00; and
WHEREAS, staff, the project City Council Subcommittee, and the consultant have since worked to develop a robust community outreach strategy; WHEREAS, the costs related to this strategy are estimated to increase the cost of the project by $247,731, bringing the total project not-to-exceed cost to $475,000; and
WHEREAS, funds for this project have been included in the previously approved FY 2021-22 budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an -69-
ATTACHMENT 1
amendment to the agreement with Houseal Lavine Associates, LLC, for professional planning services supporting an update of the Town of Hillsborough’s Housing, Safety, and Land Use General Plan Elements.
________________________________
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 14th day of February 2022, by the following vote of the members thereof:
AYES: Councilmembers ____________________________________________ NOES: Councilmembers ____________________________________________ ABSENT: Councilmembers ____________________________________________ ABSTAIN: Councilmembers ____________________________________________ -70-
TOWN OF HILLSBOROUGH
California
AMENDMENT #1 TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES SUPPORTING AN UPDATE OF THE TOWN OF HILLSBOROUGH’S HOUSING,
SAFETY, AND LAND USE GENERAL PLAN ELEMENTS
THIS AMENDMENT is made as of the ______day of ___________, 2022, by and between the TOWN OF HILLSBOROUGH (hereinafter referred to as "TOWN") and HOUSEAL LAVIGNE, LLC (hereinafter referred to as "CONSULTANT").
WHEREAS, the TOWN and the CONSULTANT previously entered into that certain Agreement for Professional Planning Services Supporting an Update of the Town of Hillsborough’s Housing, Safety, And Land Use General Plan Elements (hereinafter referred to as “PROJECT” and “AGREEMENT”, respectively) dated September 15, 2021 in an amount not to exceed $227,269; and
WHEREAS, the TOWN and the CONSULTANT have since worked to develop a robust community outreach strategy for the PROJECT which was not included in the original project scope; and
WHEREAS, the costs related to this outreach strategy are estimated to increase the cost of the PROJECT by $247,731 bringing the total project not-to-exceed cost to $475,000; and WHEREAS, The TOWN and CONSULTANT desire to amend the AGREEMENT in order to modify the not-to-exceed amount; and
WHEREAS, funds for the PROJECT have been included in the previously approved FY 21/22 budget and are sufficient to support an expansion in the PROJECT scope.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. SCOPE OF SERVICE AND SCHEDULE
The scope of the CONSULTANT’s service shall be revised to reflect an anticipated increase in the number of hours of service.
2. COMPENSATION
Section 2.b. (Compensation) of the AGREEMENT is hereby amended in its entirety to read as follows:
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $475,000. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work ATTACHMENT 2
-71-
AMENDMENT #1 TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES SUPPORTING AN UPDATE OF THE TOWN OF HILLSBOROUGH’S HOUSING, SAFETY, AND LAND USE GENERAL PLAN ELEMENTS performed. Payments to Consultant for work performed will be made on a monthly billing basis.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDEMENT to the Agreement for Professional Planning Services Supporting an Update of the Town of Hillsborough’s Housing, Safety, And Land Use General Plan Elements by their duly authorized officers as of the day and year first above written.
TOWN OF HILLSBOROUGH CONSULTANT
By ____________________________ Houseal Lavigne, LLC
Ann Ritzma, City Manager
By ______________________________
John Houseal, Principal and Co-Founder
ATTEST
By _____________________________
Lisa Natusch, City Clerk
APPROVED AS TO FORM
By _____________________________
Christopher Diaz, City Attorney
-72-
AMENDMENT #1 TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES SUPPORTING AN UPDATE OF THE TOWN OF HILLSBOROUGH’S HOUSING, SAFETY, AND LAND USE GENERAL PLAN ELEMENTS
EXHIBIT A
Revised Scope of Services
(see attached)
-73-
MEMORANDUM
Date: February 7, 2022
SENT VIA EMAIL
To: Sarah Fleming
Department of Building and Planning Director
Town of Hillsborough
From: Houseal Lavigne Associates
Robert Kain, Principal
Jackie Wells, AICP, Project Manager
Re: Proposed Revisions to Scope of Work
Based on conversations with Town staff as well as a better understanding of the role of 21 Elements and the importance Hillsborough places on a robust public engagement process, Houseal Lavigne has prepared a revised scope of work for the Housing Element, Public Safety Element, and Land Use Element update project. Our updated approach places greater emphasis on public engagement including additional opportunities to gain feedback from the community as a whole, the Housing Element Advisory Committee, the City Council SubCommittee, and City staff. This more robust process will ensure that Hillsborough’s new Housing Element, Public Safety Element, and Land Use Element include the community specific strategies and approaches needed to balance state requirements with the vision and goals of the community. The updated scope of work also includes analysis related to Affirmatively Furthering Fair Housing The following pages present the revised scope of work in “red line”, meaning text from the original scope that is proposed to be deleted is shown in red and proposed new text is shown in blue. Please note, the scope steps outlined in Task 8: Public Safety Element are meant to run concurrently with Tasks 3-6: Housing Element Update.
The amended project budget is presented after the revised scope of work. -74-
Revised Scope of Work
Task 1: Project Initiation and Coordination
The first step of our proposed scope of work includes a project kick-off meeting with Town staff and includes other project tasks related to coordination activities throughout the project. The following task are structured to ensure that the project is completed in a timely manner, the communication channels remain open and effective, and Town staff and decision makers are kept fully informed on the process and progress of the update efforts. 1a. Kick-Off Meeting with Staff (COMPLETE)
We will start the project by conducting a kick-off meeting with Town staff. The purpose of this meeting will be to (i) review overall project objectives; (ii) refine the work program for the project; (iii) review and establish the roles and responsibilities for all parties involved throughout the process; and (iv) establish a schedule for the project The kick-off meeting will conclude with a workshop to solicit the views of staff regarding housing in Hillsborough. 1b. Community Tour
This can be combined or separate from the kick-off meetingThe project team will travel to Hillsborough to meet with staff and conduct a community tour. The community tour presents an opportunity to gain additional insight related to community character and recent development projects.
1c. Detailed Project Work Plan (COMPLETE)
Based on the results of the staff kick-off and other preliminary project activities, the project team will prepare a comprehensive and detailed project work plan with clearly identified project milestones such as key public outreach events, interim reports, staff review periods, draft and revised deliverables, and notice requirements established by the state. We have reviewed the work plan staff has developed and this task will further refine this work plan based on discussion with staff during the project initiation task. This will include all specifically required milestones per HCD requirements. This work plan will also identify work effort that will incorporate the 21 Elements Consortium resources.
1d. Collect and Prepare Initial Data and Basemap Layers (COMPLETE) Immediately following our kick-off meeting, the Project Team will identify required data and work with the Town to obtain and/or prepare this data to support this effort. Data will include typical information such as regulatory and other planning boundaries, key points of interest for services/ infrastructure, locations of current affordable housing, housing projects in the development pipeline, etc.
1e. Produce 3D Community Basemaps for Web-Based Visual Engagement Houseal Lavigne understands the difficulty the city has had in identifying opportunity sites in the past efforts. Houseal Lavigne propose a data driven approach utilizing Esri ArcGIS Urban to identify potential sites, test potential housing yields to meet RHNA, and then use the 3D tools within the platform to visualize the the potential development. We feel this platform is well suited to the Town’s Housing Element update Update as it will serve to reenforce why each of these sites are the best sites and alsoand show how these developments can fit the city’s existing neighborhood fabric. Houseal Lavigne will configure a 3D Community basemap (or ‘digital -75-
twin’) for the Town of Hillsborough. This will serve as the foundation for 3D-based visualization, analysis, and reporting of existing of and potential future conditions. This activity will transform available laser radar (LiDAR) data into 3D buildings and trees, sitting on top of a ‘terrain model’ that accurately represents the topographic landscape. These 3D assets will be combined with other 2D and 3D data to form a complete 3D Basemap of Existing Conditions (perbased on current available data). The 3D Basemap will be refined through engagement with the overall team and when approved will be published to ArcGIS Online and made available to ArcGIS Urban and web scenes will be developed for general purpose visualization. Sample content will be generated to show how an end-to-end workflow can be easily reproduced by staff. The project team will work with the town’s GIS manager to coordinate the development of the ArcGIS Urban implementation and 3D basemap on the town existing ArcGIS Online Organization.
Deliverables:
• 3D Community basemap as a “digital twin” (via ArcGIS Online) 1f. Configure ArcGIS Urban for evaluation of planning policies Houseal Lavigne will configure an ArcGIS Urban app that will be used for the visualization of projects in the development pipeline as well as existing and potential future conditions in areas where RHNA opportunity sites exist. This configuration will allow for rapid evaluation and interpretation of relevant zoning parameters and compatibility with the Future Land Use map.
ArcGIS Urban will be deployed to an appropriate ArcGIS Online environment. Once deployed, HL will provide a demonstration of this technology and how it will be used to support the analysis and visualization in the remaining tasks.
Task 32: Outreach and FacilitationFoundational Community Outreach
3a2a. Press Releases, Notices, and Newsletter Articles (ongoing) We will work with Town staff to develop press releases, newsletter articles, and other means of public notice at different points in the planning process. These items will be disseminated on various platforms, including the Town’s official website, local newspapers, and local media outlets. We advise that these platforms be updated regularly throughout the process of preparing the Town’s updates to its housing, safety, and land-use elements. 3b2b. Interactive Project Website (COMPLETE)
We will work with Town staff to incorporate community engagement and project updates for the Housing Element Update update effort into a comprehensive and interactive website utilizing Esri’s ArcGIS HUB platform which is well suited for to support the public-engagement needs of the project. This HUB site will incorporate all of the in the existing General Plan website thatupdate content the city has already developed creating a “one-stop shop” for all information and activities around the updates of General Plan Update planning process. We are committed to utilizing the internet to maximize the participation and communication between stakeholders for the duration of the planning process and beyond. This website can be used to post project schedules and meeting dates, display documents, address frequently asked questions, or host a community discussion forum. The website will be the “one-stop-shop” for information related to the planning process.
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3c2c. Virtual Community Visioning Workshop (COMPLETE)
The virtual visioning workshop will include the preparation, staff training, and facilitation of a 90- minute virtual workshop open to all Hillsborough residents and stakeholders. The workshop would include an introductory presentation to familiarize participants with the state requirements for the Housing Element update as well as the update process. The visioning component of the workshop will involve dividing participants into breakout rooms of 10 to 15 people for a small group virtual mapping exercise. In the breakout rooms, meeting facilitators will utilize Miro (a virtual whiteboard application) to annotate a map of Hillsborough, recording notes in real-time on a shared base map. At the end of the workshop, breakout rooms will end, and participants will reconvene as a large group where a spokesperson from each breakout room will present their group’s map and provide a summary of the discussion. Finally, the Project Team will discuss project next steps and Town staff will provide concluding remarks.
Houseal Lavigne will provide four staff to assist with facilitating the breakout room exercises.
Houseal Lavigne will conduct one meeting with Town staff to develop the base map for the virtual mapping exercise and agree on presentation content and run-of-show. To accommodate a larger number of participants assistance will be needed from Town staff to facilitate additional breakout rooms. Houseal Lavigne will conduct an online training with Town staff to familiarize breakout room facilitators with the visioning workshop format and engagement tool Miro. Following the training, Houseal Lavigne will provide Town staff with a password protected Miro workspace in which to practice using the tool ahead of the workshop date. The workshop will be conducted using the Town’s Zoom account and internal meetings can be conducted using Microsoft Teams or Zoom.
The community workshop is the first of many face-to-face outreach events scheduled throughout the planning process. The purpose of this first workshop is to allow residents to provide input before any plans or recommendations are formulated. The function of this workshop is to i) define the purpose of the housing element update, ii) review the planning process and project schedule, and iii) secure local views on concerns, issues, and potentials within the community.
3d2d. Stakeholder Interviews and Focus Group Discussions Stakeholder interviews and focus group discussions allow us to obtain firsthand insight into the community from a diverse array of perspectives. Houseal Lavigne will conduct confidential interviews and focus group discussions to obtain vital information regarding local issues and opportunities. We will work with Town staff to identify those individuals and groups to be interviewed, but we do recommend a broad sampling of interviewees who possess unique perspectives and special insights into the community.
3e2e. Social Media
If desired, we can integrate the project into the Town’s existing social media accounts. For those residents that use social media platforms to stay informed, this is an essential tool to keep this population connected with local comprehensive planning activities. Social networking tools can also help increase awareness of the housing element update and assist in increasing participation at outreach events, including traditional face-to-face meetings. 3f2f. map.social (COMPLETE)
As an innovative feature of our proposed scope of work, we will feature map.social, a webbased community issues mapping tool as part of Hillsborough’s planning process. Developed -77-
and used exclusively by Houseal Lavigne, this award-winning tool allows website visitors to identify, map, and comment on geographic areas of concern and valued community amenities. Map.social simplifies the mapping process and familiarizes residents with all areas of the community in a manner that is exciting, interactive, and effective. Input from residents allows us to create a composite map of community issues to assist with the establishment of community goals.
2g. Community Education – Branding and Collateral
This task will play a significant role in garnering support for the update process and piquing public interest in the housing, public safety, and land use element updates. The graphic design and communications experts on the Project Team will use their expertise in community-based marketing to create an “identity” for the update process as well as the plan document.
Collateral such as postcards, posters, and email blasts can be developed for use by Hillsborough staff to better promote the updates and inform and engage the community. 2h. Pop-Up Engagement and Short Form Survey (material development) Immersive outreach methods utilize an approach centered on bringing “planning to the people.” Pop-up engagement events can be used to popularize the update process, drive residents to the project website, map.social, and short questionnaires to gain insight on community issues and desires. The Project Team will prepare collateral such as flyers, posters, postcards, and idea boards that can be used by Town staff to facilitate pop-up engagement events and promote the Housing Element update throughout the community in an impactful and engaging manner. A short-form survey will also be developed for circulation to the community as a whole as well as at pop-up events to provide a simplified mechanism for capturing community input and promoting the planning process. This survey will also be made available of the project website.
3g2i. Staff Coordination Meetings
In our second meeting with Town staff, we will provide an overview of our initial observations related to community outreach and engagement events.Throughout the project, Houseal Lavigne will conduct regular monthly staff coordination meetings. 2j. City Council Sub-Committee Meetings
Throughout the project, Houseal Lavigne will conduct regular monthly City Council subcommittee meetings. 2k. Housing Element Advisory Committee (HEAC) Meeting #1 (virtual) A meeting with the HEAC will be conducted to introduce the housing element update process, to familiarize members with related statutory requirements, and garner feedback on how the Town should plan to meet the requirements with special attention given to the approach to meeting the Town’s RHNA obligation. Up to two working sessions with Town staff and up to one City Council sub-committee meeting will be conducted to prepare for the meeting. 3h. GPAC Meetings/City Council
Integral to the success of the outreach and engagement is continual communication with the Town’s decision makers. We recognize that the Town has started the process of a General Plan Update but shifted to a focus on the Housing Element update with the intent to complete the General Plan Update in the near future. As part of this initiation the Town formed a General Plan Advisory Committee (GPAC). Houseal Lavigne proposes that the project team hold regularly -78-
meetings six (6) meetings with the GPAC to keep them apprised of the each of the element update efforts and how they fit into the larger context of the General Plan Update. These meeting will not only serve to give an update on the process and progress but also an opportunity to discuss policy direction. In addition to the proposed GPAC meetings Houseal Lavigne proposes up to 3 meetings with the City Council, one at the beginning of the project to introduce the project team and present and overview of the projects, a meeting to report on progress and receive feedback, and a final meeting to adopt the updated elements. 3h2k. Foundational Community Outreach Summary Memo
After the completion of our the foundational community outreach activities, Houseal Lavigne will prepare a memo summarizing our findings to date and detailing the next steps in the planning process.
Task 23: Background review
2a3a. Review Background Documents
We will review available background documents from the Town, including:
• The work completed as part of the 21 Elements Consortium • State Department of California Housing and Community Development (HCD) and Office of Planning and Research (OPR) Guidance for the Update, • Regulatory environment, including the Town’s Municipal Code, General Plan, Inclusionary Housing Ordinance,
• Recent housing-related community planning documents,
• Current housing element goals, policies and actions, as well as relevant portions of the remainder of the General Plan,
• Regional Housing Needs Allocation Plan and affordable housing policies of the county, • Best practices from other municipalities, including emerging trends, • Existing and new funding sources and programs,
• Local and regional housing markets,
• Analyses of homeless needs and services and facilities, • Recently adopted specific plans within the Town of Hillsborough, and • U.S. Census Data related to housing and demographics. 2b3b. Evaluate Previous Programs, Policies, and Housing Element As an initial task to the Housing Element update, we will review and evaluate the Town’s progress in implementing the current Housing Element. The Town’s most recent Housing Element Annual Progress Report (APR) is a good starting point for this evaluation. Based on this assessment, we will prepare a memorandum outlining the key changes in state law that would be applicable to the Town, and changes to the Housing Element necessary to comply with state law. As part of this process the Land-Use and Safety Elements will be reviewed for consistency and recommendations will be outlined in the memorandum.
3c. ADU Owner Questionnaire
To better understand how accessory dwelling units (ADU) are occupied and their affordability, a brief questionnaire will be developed and disseminated to ADU owners in the Town. Up to two working sessions with Town staff and up to one City Council sub-committee meeting will be conducted to prepare the questionnaire.
Deliverables:
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• Assessment Memorandum (electronic copy)
• Housing Element update outline (electronic copy)
• ADU Owner Questionnaire (online)
3d. Housing Element Advisory Committee (HEAC) Meeting #2 (virtual) A meeting with the HEAC will be conducted to review and receive feedback on the assessment memorandum and housing element update outline. Up to two working sessions with Town staff and up to one City Council sub-committee meeting will be conducted to prepare for the meeting.
Task 4: RHNA Housing Assessment and Analysis
4a. Socioeconomic and Housing Data Assessment
Building off the information provided in the 21 Elements work, we will assess important socioeconomic data points, including population, age, race and ethnicity, Town, income, employment, and housing. The insight we glean from our review of these data will be carefully considered as we begin to develop our preliminary plan recommendations in subsequent project steps.
4b. Housing Market Overview
Using the data reviewed in the previous task, we will provide a high-level assessment of local market conditions for locally predominant types of housing product, which could include market-rate, affordable, and special-needs housing. The deliverable(s) derived from the first two tasks of Step 4 should not be considered to be a “market study” or a “housing needs assessment.” Up to two working sessions with the Technical Advisory Committee will be conducted to review and refine the deliverable(s) detailed below.
Deliverables:
• Housing Market Overview Memo (electronic copy)
4c. Housing Needs Assessment and Inventory
The Housing Needs Assessment will contain the following topics to satisfy Government Code Section 65583(a) requirements:
• Demographics, income, and employment trends;
• Household characteristics;
• Housing stock characteristics;
• At-risk housing analysis;
• Analysis of special housing needs; and
• Affirmatively furthering fair housing analysis.
Most recently, HCD released a Technical Memo for AB 686 (Affirmatively Furthering Fair Housing).
The Project Team will consult this memo and HCD staff to ensure this new requirement is adequately addressed in the Housing Element update. As part of this work effort the project team will complete a full AFFH analysis in compliance with AB 686 and following the most recent HCD memo outlining best practices guidelines. Up to two working sessions with the Technical Advisory Committee will be conducted to review and refine the deliverable(s) detailed below.
Deliverables:
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• Housing Needs Assessment and Inventory (electronic copy) 4d. Housing Resources and Opportunities (including Potential Housing Sites)
The 6th cycle RHNA is significant for the entire region. This Housing Element update would require significant efforts to identify additional sites with sufficient capacity for the increased RHNA, taking into considerations the adequate sites requirements under new Housing Element laws (SB 166, AB 1397, etc.). The Town’s allocation of 554 units is significant as the city is almost completely built out with large lot single-family residences. To accomplish the town’s RHNA obligation creative and innovative approached to incorporating the new units into the existing community and neighborhood fabric will be required. The project proposes a data driven approach utilizing ArcGIS Urban to identify opportunity site. Through our RHNA Opportunity finder tool we will identify potential suitable parcels and calculate potential housing yields. Once a set of parcels have been identified we will start to visualize the development on these sites utilizing the 3D procedural tool in ArcGIS Urban. To further visualize the potential of these site the project team will use CityEngine to further create interactive 3D model of potential development on the identified sites that would accomplish the town’s RHNA obligation.
In addition to the sites inventory, we will also discuss other resources such as funding available and partnership opportunities, as well as opportunities for energy conservation. An assessment of Fair Housing will also be completed pursuant to Assembly Bill 686 (AB 686) that will include a summary of fair housing issues, an assessment of the City’s fair housing enforcement and outreach capacity; an analysis of segregation patterns and dis-parities in access to opportunities, an assessment of contributing factors, and an identification of fair housing goals and actions.
Up to two working sessions with the Technical Advisory Committee will be conducted to review and refine the deliverable(s) detailed below.
Deliverables:
• Housing Resources and Opportunities (electronic copy) 4e. Housing Constraints
We will identify potential governmental and non-governmental constraints to housing production, including environmental and infrastructural constraints. This analysis must contain a review of factors that may potentially constrain the development, improvement, and preservation of housing in Hillsborough. Factors to be reviewed include market, governmental, environmental, and infrastructural constraints. New Housing Element laws require the assessment of non-governmental constraints, including NIMBYism, lending practices, shortage of labor, and other economic factors. Up to two working sessions with the Technical Advisory Committee will be conducted to review and refine the deliverable(s) detailed below.
Deliverables:
• Housing Constraints (electronic copy)
4f. Housing Goals, and Policies, and Quantified Objectives We will review the General Plan, specific plans, and other Town documents for guiding principles. The goals and policies in the Housing Element will be updated to be consistent with other Town documents. HLA will work will staff and the HEAC to update and add additional -81-
policies to address new statutory requirements. In addition, pursuant to AB 686, we will incorporate the fair housing goals and policies from the Analysis of Impediments to Fair Housing Choice. Up to four working sessions with the Technical Advisory Committee will be conducted to review and refine the deliverable(s) detailed below.
Deliverables:
• Housing Goals and Policies (electronic copy)
4g. Housing Element Advisory Committee (HEAC) Meeting #3 (virtual) After the housing goals and policy are refined based on the feedback from the Technical Advisory Committee a meeting with the HEAC will be conducted to garner their feedback. Up to two working sessions with Town staff and up to one City Council sub-committee meeting will be conducted to prepare for the meeting.
4h. Housing Goals and Policies City Council Update (in-person) After the housing goals and policy are refined based on the feedback received by the Technical Advisory Committee and HEAC, Houseal Lavigne will present the housing goals and policies to the City Council for public consideration. Up to two working sessions with Town staff and up to one City Council sub-committee meeting will be conducted to prepare for the update.
4i. Housing Goals and Policies In-Person Community Workshop Houseal Lavigne will present the housing goals and policies to the public at up to two in person community workshops conducted during the same trip to Hillsborough as step 4h. Workshop materials such as boards and presentations will be prepared and printed as needed by Houseal Lavigne. If needed, this in-person workshop can be pivoted to virtual, or a hybrid in-person and virtual approach can be taken. Up to three working sessions with Town staff and up to two City Council sub-committee meetings will be conducted to prepare for the open house. 4j. Housing Goals and Policies Virtual Community Workshop After the housing goals and policy are refined based on the feedback received by the Technical Advisory Committee, HEAC, and City Council, Houseal Lavigne will prepare a virtual community workshop in an immersive 3D environment that will be hosted on the project website.
The virtual community workshop will provide an opportunity to engage the public on an asconvenient basis. The virtual workshop will utilize the boards created for the in-person workshop to ensure consistent messaging. A video of the presentation given at the in-person workshop will also be embedded in the virtual workshop to ensure participants are receiving the same level of information from both platforms. Comment forms will be made available for each board to allow participants to provide feedback.
4g. Current and Proposed Zoning Analysis
It is possible, if not likely, that the Town will need to consider zoning changes to meet its RHNA target. For areas of potential change, the Project Team will review relevant plans, ordinances, and other documents to evaluate the suitability of current zoning. Where obstacles or barriers to future development are identified, the Project Team will work with appropriate Town personnel to conduct an analysis of potential zoning changes designed to reduce or remove barriers to RHNA-related development.
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Deliverables:
Memo describing current zoning and related barriers to RHNA-related development (electronic copy)
Memo describing proposed changes to zoning to reduce or remove these barriers (electronic copy)
4h4k. Housing Element Implementation Program
Based upon the analyses and research conducted in the previous tasks, we will update the Housing Element. For each program included in the Housing Element, we will establish the timeframe for implementation, specific objectives, funding sources, and responsible agencies.
The programs will satisfy requirements of Government Code Sections 65583(b) and (c). Several new programs are mandated:
• Program to incentivize Accessory Dwelling Units
• Program to address impediments to fair housing
• Program to address development proposal pursuant to SB 9.
Up to two working sessions with the Technical Advisory Committee will be conducted to review and refine the deliverable(s) detailed below.
Deliverables:
• Implementation Program (electronic copy)
Task 5: Recommend Updates to the Land Use Element
Updates and Zoning Amendments
5a. Summarize current growth projections and statutory requirements relevant to housing needs.
In this step, we anticipate utilizing socioeconomic and housing data accessed from publicly available sources, including the U.S. Census Bureau and data curated by HCD. In addition, we will use firm-licensed data sources, including Esri Business Analyst, CoStar, and Woods & Poole. To the extent possible, we will make full use of any local and regional sources of demographic and market data that can be provided by the Town.
To begin, we will assess important socioeconomic data points, including population, age, race and ethnicity, income, employment, and housing. The insight we glean from our review of these data will be carefully considered as we begin to develop our preliminary plan recommendations in subsequent project steps.
Using the data reviewed in the previous task, we will provide a high-level summary of local market conditions for locally predominant types of housing product, which could include market-rate, affordable, and special needs housing.
Deliverables:
• Memo describing housing needs and market conditions (electronic copy) • Memo describing statutory requirements relevant to housing needs (electronic copy) -83-
5b5a. Identify Amendments to General Plan
We will collaborate to identify amendments to the City’s General Plan that will be required to implement recommended housing programs and ensure compliance with State law, including changes to the Public Safety Element of the General Plan and an Environmental Justice component that is based on the SB1000 Toolkit.
Deliverables:
• Memo describing proposed amendments to the General Plan (electronic copy) 5c5b. Identify Amendments to Zoning Code
When HCD releases final RHNA numbers (anticipated October 2020), tThe Project Team will include adopted RHNA this numbers into the analysis and evaluation of development potential as a target. This target will be used as we explore policy options and potential programs that support the goal of achieving the specified number. We will identify where changes to zoning are required and recommend updates to the Zoning Code consistent with RHNA targets.
Deliverables:
• Memo describing proposed amendments to the Zoning Code (memo and maps as needed)
5d5c. Support Preparation of Draft General Plan Land Use and Zoning Maps
To help communicate proposed Housing and Land Use policy changes, we will develop and provide map-based communication and/or visualization to support the decision-making process. We will use this to support City staff with the preparation of a Draft General Plan Land Use Map and Zoning Map.
Deliverables:
• Draft General Plan Land Use and Zoning Maps (electronic copy) Task 6: Prepare and Finalize Housing Element
6a. Screendraft Internal Review Draft Housing Element
With the analyses conducted in the previous tasks, we will comprehensively update the Town’s 2014 Housing Element for the 2021-2029 cycle. A Screendraft Housing Element will be prepared for staff reviewBased on feedback received on the draft housing element components developed during previous tasks, Houseal Lavigne will revise the housing element for internal review. Up to three working sessions with the Technical Advisory Committee and up to two City Council sub-committee meetings will be conducted to refine the internal review draft.
Deliverables:
• Screendraft Internal Review Draft Housing Element (electronic copy) 6b. Housing Element Advisory Committee (HEAC) Meeting #4 (virtual) After the internal review draft housing element is refined based on the feedback received from the Technical Advisory Committee and City Council sub-committee, a meeting with the HEAC -84-
will be conducted to garner their feedback. Up to two working sessions with Town staff and up to one City Council sub-committee meeting will be conducted to prepare for the meeting. 6c. Public Review Draft Housing Element
Based on feedback received on the internal review draft housing element, the housing element will be revised, and a public review draft will be developed. The HCD Housing Element Completeness Checklist will accompany the Housing Element and be submitted to HCD for review. Up to three working sessions with Town staff and up to two City Council sub-committee meetings will be conducted to refine the public review draft. 6d. Housing Element City Council Update (in-person)
Houseal Lavigne will present the public review draft housing element to the City Council for public consideration. Up to two working sessions with Town staff and up to one City Council subcommittee meeting will be conducted to prepare for the update. 6b. Public Review Draft Housing Element
We will revise the Public Review Draft Housing Element to reflect any changes desired by the City Council and respond to public comments. The HCD Housing Element Completeness Checklist will accompany the Housing Element and be submitted to HCD for review.
Deliverables:
• HCD Public Review Draft Housing Element (electronic copy and one hard copy) • HCD Housing Element Completeness Checklist
6e. Housing Element In-Person Community Workshop
Houseal Lavigne will present the public review draft housing element to the public at up to two in-person community workshops conducted during the same trip to Hillsborough as step 6c.
Workshop materials such as boards and presentations will be prepared and printed as needed by Houseal Lavigne. If needed, this in-person workshop can be pivoted to virtual, or a hybrid inperson and virtual approach can be taken. Up to three working sessions with Town staff and up to two City Council sub-committee meetings will be conducted to prepare for the open house. 6f. Housing Element Virtual Community Workshop
Houseal Lavigne will prepare a virtual community workshop in an immersive 3D environment that will be hosted on the project website. The virtual community workshop will provide an opportunity to engage the public on an as-convenient basis. The virtual workshop will utilize the boards created for the in-person workshop to ensure consistent messaging. A video of the presentation given at the in-person workshop will also be embedded in the virtual workshop to ensure participants are receiving the same level of information from both platforms. Comment forms will be made available for each board to allow participants to provide feedback. 6c6g. Submittal for HCD Initial Draft Review
We will package up and provide HCD with an initial draft review copy of the Housing Element to establish communication and feedback on the direction and policies proposed. This is an important step to ensure we are tracking with HCD’s requirements and leverage early feedback to streamline the production of the final Housing Element.
Deliverables:
• Initial Draft Housing Element for HCD review (electronic copy and 1- hardcopycopy) -85-
6d. Community Meetings
Due to the exceptional circumstances around COVID-19, we are ready to provide innovative remote engagement activities. These engagement activities can be provided in person, should public meetings become possible.
Deliverables:
• Outreach and engagement materials as needed for three (3) remote or in-person public meetings (materials via electronic copy)
6e. City Council Meetings
We anticipate supporting the Town with City Council meetings throughout the engagement at a regular interval or as required by the Town, to update the Town Council on the progress of the update and also to receive feedback and direction. These meeting are anticipated to be held on a quarterly basis.
Deliverables:
• Support materials and attendance at up to four (4) City Council meetings (materials via electronic copy)
6f6h. Preparation for Public Hearings
We will support the Town in preparation for Public Hearings by refining the messaging and materials needed to effectively communicate proposed Housing and Land Use Element changes.
Deliverables:
• Support materials as needed for Public Hearings (electronic copies) 6g6i. Coordinate HCD and Related Agency Review and Response to Comments
HCD review of the Draft Housing Element is mandatory. During the review, we would work to address all HCD comments. We would communicate with HCD and facilitate review of the revisions via revised pages. All revisions made to the Draft Housing Element would be shown as tracked changes. The goal is to secure a Finding of Substantial Compliance on the Draft Element before proceeding to adoption. This way, final certification would be contingent upon adopting the Housing Element as revised and reviewed by HCD, and the Town would avoid adopting a Housing Element that does not completely meet HCD requirements and needing to repeat the review and adoption process again.
We will work with the Town to respond to comments as needed, as well as to provide any needed changes to the documents, upon receiving feedback from HCD, OES, and Town officials.
Deliverables:
• Mark-up Public Review Draft showing the recommended changes (electronic copy) 6h6j. Support for Adoption Public Hearings at City Council (in-person) Using the materials developed in the previous tasks, we will support the Town during public hearings on the adoption of the Housing and Land Use Elements at City Council. Up to three -86-
working sessions with Town staff and up to two City Council sub-committee meetings will be conducted to prepare for the public hearings.
Deliverables:
• Attendance at two (2) public hearings
6i6k. Prepare Final Housing Element
After the Planning Commission and City Council adoption hearings, we will package a Final Adopted Housing Element, along with the signed resolution, and send to HCD for its final 90-day review.
Deliverables:
• Final Housing Element (electronic copy and one hardcopy) 6j6l. Update other General Plan Elements (as needed)
The Project Team will evaluate the existing General Plan Land Use Element that may need to be amended for consistency with the updated Housing Element, drawing primarily from previous analyses. This will ensure compliance with State law and HCD-specific requirements.
Deliverables:
• Draft updates to other General Plan Elements as needed to support Housing Element and Land Use Element updates (electronic copy)
6k6m. State Certification
We will follow through with assisting the Town in achieving State certification of the Housing Element.
Deliverables:
• Final HCD Certified Housing Element (electronic copy and five hardcopies) Task 7: Environmental Analysis (Optional)
As part of the proposed scope of work we have only budgeted for the processing of a ND/MND and in the event that the city elects to process a full Environmental Impact Report the HLA team will work with city staff to formalize a scope and work plan to complete the task. 7a. Draft ND/MND
Upon completion of the draft Initial Study, the remaining steps in the preparation of an ND/MND would be as follows:
• Finalize the Initial Study, including the ND/MND. This step will involve responding to two rounds of City comments on the draft Initial Study.
• Circulate the Public Review Draft ND/MND for the required 30-day public review period. 7b. Draft EIR (If Necessary)
Upon completion of the draft Initial Study, an in the event that the city elects to move forward with a full Environmental impact Report the following are the anticipated the remaining steps required in the preparation of a focused EIR. These are a preliminary identification of the -87-
required steps and additional steps may be required. Steps related to the completion of a Draft and Final EIR are not included in the proposed budget at this time.
Anticipated steps would be as follows:
• Finalize the Initial Study and circulate it along with a Notice of Preparation (NOP) of a Draft EIR.
• Prepare the Administrative Draft EIR, which will include the following sections:
• Executive Summary – summary of the Housing Element, alternatives, identified impacts, and mitigation measures, overview of areas of known controversy • Introduction – overview of the CEQA environmental review process and EIR contents, legal authority and requirements, input received during EIR scoping, and lead, responsible, and trustee agencies
• Environmental Setting – overview of current environmental conditions in the City and the cumulative projects list and/or forecast
• Project Description – overview of the proposed Housing Element, including the project proponent (City), key project components with emphasis on those that may result in physical environmental changes, housing growth forecasts, and project objectives • Environmental Impact Analysis – identification of the significant environmental effects associated with the Housing Element with each individual subsection to include:
• Description of the environmental and regulatory setting for the specific issue • Description of the analysis methodology
• Listing of thresholds of significance used in the analysis • Discussion of project and cumulative impacts
• Listing of mitigation measures proposed to address identified significant effects • Discussion of the level of significance of each impact after imposition of proposed mitigation measures
• Other CEQA Requirements – discussion of impacts related to growth inducement and significant irreversible environmental changes
• Alternatives – analysis of up to three alternatives to the proposed Housing Element, focusing on alternatives that reduce or avoid one or more of the Element’s significant environmental effects
• References and Preparers – listing of sources used and individuals involved in preparing the EIR
Prepare the Draft EIR, which will involve responding to City comments on the Administrative Draft EIR and publishing the document for the 45-day public review period.
We have assumed that a focused EIR would address the following issues in detail:
• Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources
• Greenhouse Gases
• Land Use and Planning
• Noise
• Transportation
• Utilities/Service Systems
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The analysis will consider both the broad citywide impacts of the Housing Element and, to the degree feasible, the site-specific impacts at individual rezone sites. In this way, the EIR would serve as first-tier environmental document that will streamline the environmental reviews of future housing developments that are consistent with the Housing Element. As appropriate, the EIR would include prescriptive mitigation indicating specific requirements for future housing developments.
Deliverables:
• Two (2) hard copies, one (1) electronic copy, and 15 CDs of the Draft MND or EIR in both PDF and Microsoft Word Format (for State Clearinghouse submittal) 7c. Final CEQA Document
The HLA team will prepare the final environmental document, which will involve either a Final ND/MND or a Final EIR. The steps for each are described below. 7d. Final ND/MND
Prepare written responses to all written comments on the Public Review Draft ND/MND. All responses will include reasoned analysis and will cite appropriate provisions of the Public Review Draft ND/MND, the CEQA Guidelines, and applicable legal decisions.
Prepare the Final ND/MND, including final responses, a Mitigation Monitoring and Reporting Plan (MMRP) if appropriate, and any revisions to the text of the Public Review Draft ND/MND. 7e. Final EIR (If Necessary)
Prepare the administrative Final EIR, which will include:
• Written responses to comments received on the Draft EIR • A draft mitigation monitoring and reporting plan (MMRP) • Either revised EIR text or an errata section
• Prepare the Final EIR, which will incorporate City comments on the administrative Final EIR.
Deliverables:
• Two (2) hard copies and one (1) electronic copy of the Final MND or Final EIR in both PDF and Microsoft Word Format
7f. Environmental Noticing, Outreach, and Filing
The HLA team will conduct all required outreach, noticing and filing of notices and documents for the
environmental review of the Housing Element update.
For the ND/MND scenario, notices will include:
• SB 18 and AB 52 letters to Native American tribes
• Notice of Intent (NOI) to adopt an ND/MND
• Notice of Completion (NOC) form that will accompany the State Clearinghouse (SCH) submittal
• Notice of Determination (NOD)
For the EIR scenario, notices will include:
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• SB and AB 52 letters to Native American tribes
• Notice of Preparation (NOP) of a Draft EIR
• Notice of Availability (NOA) of a Draft EIR
• NOC form that will accompany the SCH submittals for the NOP and Draft EI • NOD
For the EIR scenario, we will also prepare materials for, attend, and present at an EIR scoping meeting. The HLA team will file notices with the SCH and County Clerk as appropriate, but we assume that the City will handle any additional noticing (including, as appropriate, newspaper publication of the NOI, NOP, and NOA) and will pay applicable filing fees.
Deliverables:
• One (1) hard copy and one (1) electronic copy of each notice in both PDF and Microsoft Word Format, scoping meeting materials for the EIR scenario 7h. Adoption/Certification
As needed for the EIR scenario, the HLA team will prepare final findings of fact and a statement of overriding considerations, consistent with sections 15091 and 15093 of the CEQA Guidelines. A draft version will be provided to the City for review prior to distribution. Upon receipt of City comments on the draft version we will prepare the final findings and overriding considerations.
As noted above, CH Planning will file the NOD with the SCH and/or County. We assume that the City will pay applicable NOD filing fees.
The CEQA project manager will also attend two public hearings on either the MND or EIR.
Deliverables:
• One (1) hard copy and one (1) electronic copy of the findings and overriding considerations in both PDF and Microsoft Word Format; PowerPoint for hearing(s), if requested.
Task 8: Safety Element Updates
8a. Staff Coordination Meeting
APS will participate in a project initiation conference call and work with the project team to identify the data needs and existing documentation for review as part of the Safety Element Update. This task will establish the project schedule, identifying protocols for communication and coordination with state agencies (Cal FIRE, California Geological Survey, etc.). 8b. Housing Element Advisory Committee (HEAC) Meeting #5 (virtual) A meeting with the HEAC will be conducted to introduce the public safety element update process, to familiarize members with related statutory requirements, and garner feedback on public safety concerns in the community. Up to two working sessions with Town staff and up to one City Council sub-committee meeting will be conducted to prepare for the meeting. 8b8c. Background Review and Analysis
APS will conduct a background review of the existing General Plan Safety Element, which was initially updated in 2005. This review will identify the applicable hazards that affect the Town and emerging issues of concern in the future. A key component of this analysis is reviewing the existing goals and policies to determine what portions of the element will be kept, modified, or -90-
deleted. This review will rely on data provided by Town staff, the current General Plan Safety Element, recently completed San Mateo County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), and relevant portions of the San Mateo County General Plan Safety Element. 8c. Climate Adaptation Assessment
In accordance with SB 379, the Town of Hillsborough General Plan Safety Element needs to be reviewed and updated as necessary to address climate adaptation and resiliency strategies. To meet this objective, we recommend development of a Climate Adaptation Assessment.
The proposed Climate Adaptation Assessment consists of two elements: the climate vulnerability assessment and corresponding climate adaptation measures (or strategies). The climate vulnerability assessment, and development of adaptation measures, follows a two-step approach consistent with climate adaptation frameworks recommended by the California Governor’s Office of Emergency Services’ (CalOES) 2020 California Adaptation Planning Guide (APG) and meet the requirements of SB 379.
Step one is development of a climate vulnerability assessment to identify the Town and community assets and populations that may be affected by climate hazards. The second step is the identification and prioritization of corresponding climate adaptation measures intended to reduce the impact to vulnerable communities or assets as identified in the vulnerability assessment. Both steps are informed by a regulatory framework and guided by national and statewide climate assessments, plans, and relevant efforts, including, but not limited to:
• California Governor’s Office of Emergency Services’ 2020 California Adaptation Planning Guide
• State of California’s Principles for Aligned State Action (2021) • California Governor’s Office of Planning and Research Integrated Climate Adaptation and Resiliency Program
• Center for Disease Control’s Building Resilience Against Climate Effects (BRACE) framework
• United States Climate Resilience Toolkit
• State of California’s Sea-Level Rise Guidance (2018)
• California Coastal Commission’s Sea Level Rise Policy Guidance (2018) • National Integrated Heat Health Information System
The regulatory framework and current guidance will be documented within this effort. Both the vulnerability assessment and adaptation measures will also make use of the existing information available in the Town, the region, and state level to create an assessment that focuses on climate resiliency in Encinitas.
A: Perform Climate Vulnerability Assessment
The purpose of the climate vulnerability assessment is to identify the Town’s exposure to the effects and impacts of climate change. More specifically, the primary effects caused by the initial impacts of increased GHG emissions (e.g., average temperature and annual precipitation amounts) and the secondary effects (e.g., drought, heat waves, flooding) that result from the primary effects). To perform the climate vulnerability assessment, the Project team will characterize the climate hazards and other climate effects that are anticipated to affect the Town.
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The climate vulnerability assessment methodology is consistent with the APG framework and takes into consideration the Town’s existing safety, hazard, and emergency planning policies, plans, and programs. The three analytical phases we recommend are:
Exposure. The purpose of this phase is to understand existing hazards in the community and how they may change up until the year 2045. The Project team will use Cal-Adapt and other related, readily available statewide tools to describe how climate hazards and other climate-change related effects are projected to change. Consistent with a APG guidance, the Project team will describe historical events and map climate change-related effects in GIS, where possible.
Sensitivity and Potential Impacts. This phase compiles a list of population groups and community assets that are sensitive to localized climate change effects. The analysis will address any disproportional impacts that climate change may have on vulnerable communities across the Town (e.g., seniors, children, low-income, persons with disabilities, etc.). Using vulnerable communities data, the Project team will fill in data gaps with research from regional and state reports on climate impacts, and input from stakeholders.
Adaptive Capacity. The intent of this phase is to evaluate the Town’s current ability to cope with climate impacts. The ability to adapt is determined through two methods: First, a review of existing plans (specifically the LHMP and General Plan Safety Element) policies, and programs relevant to climate, hazards, emergency operations, or public safety.
The output of the climate vulnerability assessment is intended to inform the Town and community about which climate vulnerabilities are of the greatest concern and inform the development of adaptation measures and implementation mechanisms.
B: Identify Climate Adaptation Measures
The adaptation planning process aims to identify measures for preparing the community for the potential impacts of climate change through 2045 consistent with the outcome of the climate vulnerability assessment. The Project team will identify adaptation measures for each hazard risk based on level of severity (low-risk, medium-risk, and high-risk). The Project team intends to identify climate adaptation measures for the general community as well as those for Hillsborough government operations.
C: Develop Goals for Adaptation
In collaboration with the Town staff and stakeholders, adaptation goals will be developed that provide direction for achieving resilience and act as guideposts throughout the planning process and implementation. Establishing resilience goals builds transparency into the process, clarifies shared outcomes, provides the foundation for future project decisions, and informs development of tracking and evaluation metrics.
D: Prepare Adaptation Measures
In collaboration with Town staff and stakeholders, adaptation measures will be prepared after the review of vulnerabilities and confirmation of the Town’s vision and goals for adaptation and resilience. We will develop the adaptation measures consistent with the Town’s existing or proposed policy framework (i.e., General Plan, MJHMP) so the adaptation measures are aligned with the expected outcomes and the terminology is consistent. Each goal drafted above should have a set of measures to support its achievement.
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Adaptation measures may be general statements of policy preference or desired direction, and others are highly detailed and contain specific implementation direction. The Project team recommends categorizing strategies to provide direction for implementation. Examples include:
• Programmatic. Measures to expand or create new programs, activities, and initiatives. • Plans, regulations, and policy development. Measures to develop or revise policies, plans, regulations, and guidelines.
• Capital improvement/infrastructure projects. Measures designed to address physical and functional deficiencies and needs in the built and natural environment. • Education/outreach/coordination. Measures related to initiating or expanding partnerships and relationships, communicating, and sharing information, and expanding awareness.
8d. Residential Ingress/Egress Analysis (SB 99 compliance) In accordance with SB 99 an analysis of single ingress/egress conditions within residential neighborhoods will be conducted as part of the Safety Element update. This analysis will highlight locations within the Town where single ingress/egress conditions exist, potential constraints to evacuation and policies and implementation actions for incorporation into the updated General Plan Safety Element.
8e. Administrative Draft Safety Element
This task includes the preparation of an Administrative Draft Safety Element update in compliance with Government Code Section 65302 (g). Based on a review of the existing element and our understanding of the conditions within the Town and vicinity, APS anticipates that seismic/geologic hazards, flooding and dam inundation, wildfire, and emerging hazards will be exacerbated by climate change.
Using the previous element and MJHMP, the APS team will develop an updated element that complies with the latest requirements associated with climate adaptation (SB 379) and evacuation (SB 99). The updated element will also ensure compliance with SB 1241, which requires the identification and assessment of wildfire hazards for communities that have Very High Fire Hazard Severity Zones. As part of this compliance, the updated element will require review and approval by the California Board of Forestry and Fire Protection. Based on our assessment conducted in Task 2, APS will establish a set of comprehensive goals and policies that will protect the community from the unreasonable risk of natural and human-caused hazards of concern.
Up to three working sessions with the Technical Advisory Committee and up to two City Council sub-committee meetings will be conducted to review and refine the administrative draft safety element.
8f. Housing Element Advisory Committee (HEAC) Meeting #6 (virtual) After the Administrative Draft Safety Element is refined based on Technical Advisory Committee and City Council sub-committee feedback, a meeting with the HEAC will be conducted to garner feedback on the administrative draft public safety element. Up to two working sessions with Town staff and up to one City Council sub-committee meeting will be conducted to prepare for the meeting.
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8g. Public Safety Element City Council Update (in-person) After the Administrative Draft Safety Element is refined based on the feedback received from the Technical Advisory Committee, City Council sub-committee, and HEAC, Houseal Lavigne will present the public safety element to the City Council for public consideration. Up to two working sessions with Town staff and up to one City Council sub-committee meeting will be conducted to prepare for the update.
8f8h. Public Review Draft Safety Element
Upon completing the Town's review of the Administrative Draft Safety Element, APS will prepare a Public Review Draft Safety Element to be released for public comment. After completing this draft document and subsequent approval by Town staff, the APS team will share the public review draft document with Cal FIRE staff, initiating the required SB 1241 review. Typically this review should be initiated 90 days before the final adoption of the Safety Element by the Town.
Up to three working sessions with the Technical Advisory Committee and up to two City Council sub-committee meetings will be conducted to review and refine the Public Review Draft Safety Element.
8i. Safety Element In-Person Community Workshop
Houseal Lavigne will present the Public Review Draft Safety Element to the public at up to two inperson community workshops conducted during the same trip to Hillsborough as step 8g.
Workshop materials such as boards and presentations will be prepared and printed as needed by Houseal Lavigne. If needed, this in-person workshop can be pivoted to virtual, or a hybrid inperson and virtual approach can be taken. Up to three working sessions with Town staff and up to two City Council sub-committee meetings will be conducted to prepare for the open house. 8j. Safety Element Virtual Community Workshop
Houseal Lavigne will prepare a virtual community workshop in an immersive 3D environment that will be hosted on the project website. The virtual community workshop will provide an opportunity to engage the public on an as-convenient basis. The virtual workshop will utilize the boards created for the in-person workshop to ensure consistent messaging. A video of the presentation given at the in-person workshop will also be embedded in the virtual workshop to ensure participants are receiving the same level of information from both platforms. Comment forms will be made available for each board to allow participants to provide feedback. 8g8k. Final Safety Element
Upon conclusion of the public review period, APS will prepare the Final Safety Element that incorporates final revisions from both the Cal FIRE review and public comments received.
Completion of this task includes preparation of the Final Element used for adoption. Up to two working sessions with the Technical Advisory Committee and up to one City Council subcommittee meeting will be conducted to review and refine the final draft safety element. 8h8l. Coordination and Adoption
Upon completion of the final Safety Element, the APS team will support Town staff through final adoption of the element by City Council. This task assumes 8 hours of APS staff time for assistance during project adoption, including attending one City Council hearing for element approval.
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Revised Project Budget
Houseal Lavigne proposes a not to exceed amount of $475,000 for the revised scope of work for the Housing Element, Public Safety Element, and Land Use Element Update, including a $32,000 contingency and all professional fees and direct expenses. The proposed budget would augment the current contracted budget of $227,269 and be a $247,731 increase.
The proposed budget includes 8 total trips to Hillsborough by the project team. All meetings and workshops proposed to be conducted during the trips can be conducted virtually if so desired by the Town. If in person meetings and workshops are pivoted to a virtual environment, cost savings will be utilized in other scope tasks.
Further conversation with staff is needed to determine whether additional trips should be included. Additional trips will be approximately $1,000 per person per trip. -95-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
11 OLD BUSINESS
CITY COUNCIL MEETING
FEBRUARY 14, 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 AND DISCUSSION OF IN-PERSON 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- -97-
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February 14, 2022
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, December 13, 2021 and January 10, 2022, 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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February 14, 2022
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. On February 9, 2022, in alignment with the California Department of Public Health’s decision to let the statewide indoor mask requirement expire, San Mateo County Health announced that they will be ending the County-specific mask mandate beginning on February 16, 2022. The requirement had been instated on December 15, 2021 during the latest COVID-19 surge. Staff seeks direction from the City Council regarding allowing in-person public meetings at Town Hall.
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: 1. 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; and
2. Provide direction to staff regarding return to in-person meetings. -99-
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
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ABSENT: Councilmembers Ma
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ABSTAIN: Councilmembers None
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
12 OLD BUSINESS
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: REACH CODE UPDATE AND COUNCIL DIRECTION FOR IMPLEMENTATION SUMMARY: At the April 12, 2021, City Council meeting staff introduced three Reach Code options for consideration for future adoption. The Reach Code options offered were a Gas Ban, All-Electric Required, and Electric Preferred. The Gas Ban option would not allow gas to be used and had very few exceptions for the applicants. The All-Electric Required option would have all appliances be electric with few exceptions. The Electric Preferred option allows for mixed fuel and more exceptions for the applicant. Out of the three models, the All-Electric Preferred model allows building designers and developers the greatest flexibility in building design. However, the allowance of gas infrastructure limits cost savings and greenhouse gas emissions savings that can be gained from this option.
The City Council directed staff to prepare the Electric Preferred Reach Code. Implementing a new Reach Code will require an ordinance with building standards that will help reduce carbon emissions associated with new construction, reduce costs in new construction, improve indoor air quality and safety of our building stock. To achieve the largest reduction, the industry has identified Space heaters and water heaters as the largest natural gas use appliances in a single-family dwelling. The removal of one of these appliances from the dwelling will reduce carbon emissions.
The Town has demonstrated leadership in sustainability when implementing its water pollution, household hazardous waste, and recycling programs and is prepared to take the first step in reducing carbon emissions with home construction.
An Electric Preferred Reach Code would allow mixed-fuel buildings with high energy performance.
In alignment with the above, staff recommends modifying Part 6 of the California Building Standards Code to include Electric Preferred language and provides two options for Council consideration The first Reach Code option would require space heating or water heating to be achieved in new construction with the use of an electric appliance. When a gas space heating or water heating appliance is installed, the appliances must be pre-wired for future electric appliance replacement. The second option would be to make both the space heating and water heating appliances electric only for new single family dwelling construction. Staff is seeking direction from Council on their preferred approach and will return at the March City Council meeting with a first reading of proposed language for Council consideration.
The Council may consider additional “reach code” provisions at any time; however, staff recommends time between changes to allow property owners and builders the opportunity to integrate the code revisions. The next tri-annual building code update is in ten months. Revisions will be issued in fall 2022 (Energy Code) and become effective on January 1, 2023. -103-
Agenda Staff Report - Hillsborough City Council
February 14, 2022
Background
California continues to lead the fight against climate change. The effort to fight climate change is delegated to State agencies, regional planning/transportation agencies and local governments like the Town of Hillsborough and San Mateo County. The State legislature and Governor(s) have created legislation, rules, and executive orders to create a framework for ambitious statewide greenhouse gas (GHG) reductions. The following is a list of some of the more prominent guiding policy documents:
• Assembly Bill 32 (AB 32) - established the goal of reducing GHG emissions to 1990 levels by 2020
• Senate Bill 32 (SB 32) - established the goal of reducing GHG emissions 40% below 1990 levels by 2030
• Executive Order (EO) B-55-18 - established the goal of achieving carbon neutrality by 2045 at the latest and maintaining net negative net emissions from that point forward • Senate Bill 100 (SB 100) - requires a 100% clean electric grid by 2045 • EO N-79-20 - requires all new cars and passenger trucks sold in California be zero emission by 2035
The Town will be revising its Climate Action and Adaptation Plan (CAAP) in 2024. This plan will provide an inventory of emissions, estimates of future unmitigated emissions and policies/implementation measures to reduce GHG into the future.
Local jurisdictions may assist in the reduction of statewide GHG emissions by adopting the Statewide Building Code combined with more stringent local policies. In April 2021, the City Council had indicated a desire to proceed with adoption of a local ordinance that goes beyond statewide standards, also known as a “Reach Code”.
Every three years, the State of California develops and adopts revisions to the State model building and related codes. The State of California adopts new building standards that are organized in Title 24 of the California Code of Regulations, referred to as the California Building Standards Code. The City Council has adopted the most recent State Model Code (dated 2019) and it became effective on January 1, 2020. The California model codes continue to integrate energy savings improvements. The 2019 building standards include some of the most energy efficient in the country, achieving efficiency like those of national green standards (LEED Silver).
The 2019 code is focused on energy efficiency assuming various energy sources (including natural gas and propane) and electric. The State has provided local jurisdictions the authority to adopt energy code amendments, or reach codes, that exceed Statewide standards. Cities and counties can adopt “Reach Codes” that require items that are above the minimum state code requirements.
However, these Reach codes must be filed with and approved by the State.
In 2016, San Mateo County and all 20 of its cities and towns voted unanimously to form Peninsula Clean Energy (PCE), a community-controlled, not-for-profit, joint powers agency. The formation of PCE has provided the City with a cheaper and convenient way to move away from fossil fuel powered electricity. PCE provides GHG-free energy to all customers through wind, solar, and hydropower sources. PCE’s ability to provide clean energy to all customers has led many jurisdictions within their service area to adopt measures to increase energy efficiency and reduce reliance on natural gas and other fossil fuels. With this cleaner electricity generation, the -104-
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February 14, 2022
replacement of natural gas and propane appliances with electric alternatives has the potential to significantly reduce building energy related GHG emissions.
Drafting Reach Codes for City Council consideration is listed as a key policy action for FY 2021-22 and City Council gave preliminary direction to staff in April of 2021.
Discussion
A Reach Code is a local building energy code that “reaches” beyond the State minimum requirements for energy use in buildings, creating opportunities for local governments to lead the way on achieving their goals around clean air, climate change, and renewable energy. Reach codes can help improve energy efficiency and therefore lower energy costs, improve indoor air quality, and reduce GHG emissions. Some opportunities and examples for various types of reach codes that may demonstrate increased energy efficiency and the reduction of GHG emissions within the Town are outlined in the sections below.
A. Solar Photovoltaic (PV) System/Electric Vehicle (EV) Charging Installation
1. PV Systems (solar panels): The current energy code requires PV installation on new construction of single-family and multi-family homes up to three stories high, based on square footage. Expanding the PV requirements to include larger buildings, remodels and new attached ADUs would provide greater local GHG free energy. Additionally, these PV systems may relate to a back-up battery to allow for clean self-generation, storage, and resiliency during planned and unplanned power outages. Installing PV systems at the time of construction is likely to decrease the overall costs compared to retrofit after-the-fact along with energy cost savings derived monthly. The Town is working with PCE and residents to expand the use of PV and EV throughout Town.
2. EV Charging: The State of California has established the goal to require all new cars and passenger trucks sold in California be zero emission by 2035. The EV charging infrastructure needs will greatly increase as more individuals switch to EVs. Access to charging infrastructure is one of the main barriers behind price preventing individuals from purchasing an EV. A market research survey conducted by PCE in 2020, found that 36% of those surveyed did not have access to a convenient charging location near their home, work, or school. The Town is working with PCE to expand EV infrastructure at Town facilities.
B. Building Decarbonization for New Construction and Major Remodels Building decarbonization means to increase energy efficiency and to decrease the amount of GHG emissions produced by a building. Reach Codes that focus on building decarbonization can help to reduce carbon emissions, reduce costs in new construction, and improve indoor air quality and building safety.
Adopting a reach code that increases building energy efficiency and/or disincentivizes new natural gas or propane plumbing would support Hillsborough’s efforts to reduce GHG emissions in line with the State goals outlined above. Natural gas and propane are typically used for space and water heating as well as for cooking and clothes drying. Natural gas or propane is commonly used in more specialized functions such as for pool/spa heating, and process heating. It is important to also recognize that not all-natural gas usage can be eliminated immediately and/or without new technology or extensive public investment.
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Agenda Staff Report - Hillsborough City Council
February 14, 2022
Building decarbonization codes do not regulate propane use for portable appliances that are used outside of the building envelope such as those appliances used for outdoor cooking (grills, smokers, etc.) or portable outdoor heating thus providing limited means for local regulation. These tend to represent a very small percentage of the GHG inventory and are not recommended to be included. Technology and Statewide regulations are likely to address these in the coming years.
Throughout California, there are three types of reach codes focused on building decarbonization for new construction that have been adopted by various jurisdictions:
1. Electric preferred with mixed-fuel option (example City of San Mateo)
2. All-electric required with exceptions (examples City of Menlo Park, the County of San Mateo)
3. All-electric only which prohibits gas hookups (example City of Berkeley, City of Oakland)
1. Electric preferred with mixed-fuel option:
An all-electric with mixed-fuel option type of policy is considered a good first step in moving away from reliance on natural gas and propane. These policies allow for some new buildings and large remodels to install new natural gas or propane hookups. Any buildings that are built electric-only will need only to meet the state efficiency standards at the time of construction. However, in the case a builder chooses a mixed-fuel option, they must demonstrate that the building exceeds these standards by a certain percentage, usually 10% or more. Additionally, they must provide for the option of electrical appliances throughout including for stoves, furnaces, water heaters and clothes dryers. This is generally added to these policies since wiring for electric appliances is least expensive at the time of construction. This policy allows for flexibility in the cases where it may be more efficient or economically preferred to provide power from mixed fuel sources.
Pros: These types of policies require new buildings and large remodels that utilize natural gas or propane to be more energy efficient than an all-electric equivalent, thus leading to reduced GHG emissions. All-electric with mixed-fuel options allows for added flexibility for certain buildings that may prefer the use of natural gas or propane for some uses. These types of policies are likely to have less pushback from the community due to the fact they offer of a choice of natural gas or propane. Requiring pre-wiring for electric appliances at the time of new construction allows for future, more wide-ranging policies to be adopted and implemented as Statewide (and possibly local) regulations evolve over time. Without generators or battery back-ups, those with natural gas have a distinct advantage in power outages whether planned or unplanned.
Cons: Some consider these policies too lenient and believe that adding new gas connections could delay or complicate more comprehensive policies.
2. All-electric with limited exceptions:
All-electric with limited exceptions policies require most new buildings and large remodels to be constructed as all-electric but allow for some types of natural gas or propane applications for very specific uses. These exceptions can vary widely from jurisdiction to jurisdiction and can be tailored to specific local needs. Some common examples of exceptions include gas stoves (commercial and/or residential), fireplaces, grills, firepits, spa/pool heating, and emergency services. These codes typically require pre-wiring for electrification should technology change, regulations change, or a future occupant chooses to electrify. Generally, 80% of a building’s GHG emissions are the -106-
Agenda Staff Report - Hillsborough City Council
February 14, 2022
result of space heating and water heating. The exception codes are designed to focus on the largest (80%) contributor while allowing time for the remaining 20% to evolve.
Pros: These types of policies target the biggest contributors of GHG emissions but allows for some accommodation for specialized local needs and desires. Like the mixed-fuel option, these types of policies are likely to have less pushback from the community.
Requiring prewiring for electric appliances at the time of new construction allows for future, more wide-ranging policies to be adopted in future years with less financial impact on building owners.
Cons: Like the mixed-fuel type policies, some consider these policies to be too lenient and adding any new gas-hookups could delay or complicate more comprehensive policies.
There is the possibility that some individuals may choose to illegally install gas appliances without the benefit of permit and safety inspections (this occurs today as well).
2. All-electric only:
An all-electric only Reach Code would prohibit the installation of new natural gas and propane infrastructure and would require all new buildings and large remodels to be constructed as allelectric. As of late 2020, several California jurisdictions have banned the use of natural gas in new building construction, including Oakland, San Francisco, San Jose, Berkeley, and Richmond.
Some policies exclude ADUs from these requirements or require that only new detached ADUs be constructed as all-electric.
Pros: All-electric policies are the most far-reaching option to reduce GHG emissions from natural gas and propane usage and are likely to reduce GHG emissions from buildings faster than the policies above. New gas hookups are expensive and electric-only buildings are generally less expensive upfront to build. New electric appliances are usually more efficient than gas equivalents and are likely to reduce monthly energy costs for building owners and tenants.
Cons: Gas bans are relatively new and could open the Town up to legal challenges. Many people prefer using gas appliances to electric and these policies are likely to receive increased community pushback from building owners, contractors, and business owners. In some commercial and industrial applications, there may not currently be an electric-only application appropriate for their operations. Should these requirements be extended to retrofits of existing structures, there is a substantial cost to electrification.
While building decarbonization measures can have a large impact on the Town’s GHG emissions and the health and safety of the Hillsborough community, a new Reach Code may require several phases of integration over time to be effective. The community’s preference for, lack of familiarity with, and the need for behavior change was considered in April 2021 when the Council discussed building decarbonization policies. For example, many contractors are not familiar with electric heat pump water heaters and will need additional training or guidance. Many individuals prefer gas stoves over electric due to experience with electric stovetops. New induction-style stovetops are increasing in popularity due to their safety and efficiency. Induction stovetops offer more control than electric stovetops with a heating element; however, there is a learning curve and lack of exposure for the general consumer. Most cookware made from copper, aluminum, or ceramic may -107-
Agenda Staff Report - Hillsborough City Council
February 14, 2022
not function and will need to be replaced to use an induction stovetop. The community’s sensitivities towards real estate values when making changes in gas versus electric systems and appliances as well as the “green” sustainability of the residence.
Staff is recommending two “Electric Preferred” options for council consideration: Option 1 would require all new single-family residential construction to implement an electric space heating or electric water heating appliance. Under this option only one appliance will be required to be all electric. However, if one of these appliances utilizes natural gas, then this appliance must be prewired for future electrification upon replacement. Option 2 would require all new single-family residential construction to implement an electric space heating and electric water heating appliance. Other appliances (ranges, stovetops, grills, etc.) may still utilize natural gas.
FISCAL IMPACT: There is no fiscal impact. Staff notes that there may be a negligible fiscal impact to the Town in adoption and enforcement of an ordinance. The Town has received a $10,000 grant from PCE to assist with these costs.
ENVIRONMENTAL ISSUES: In accordance with CEQA Guidelines section 15378(b)(5), action on this item is not a project subject to CEQA because policy direction is an administrative action that will not result in a physical change to the environment.
ATTACHMENTS: None
PREPARED BY: Tim Anderson, Assistant Director of Building and Planning RECOMMENDATION: By motion, provide direction to staff regarding Council’s preferred option and return to Council at the March 14, 2022 City Council meeting with proposed Reach Code language in an ordinance for Council consideration (Introduction of an Ordinance). -108-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
13 OLD BUSINESS
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH DUDEK FOR TREE ORDINANCE UPDATE SUMMARY: At the October 11, 2021 City Council meeting, staff presented a draft work plan to address the City Council feedback in response to an informational report on the existing tree protection guidelines in Hillsborough. City Council provided preliminary direction to staff to develop a short-term work plan as well as a longer-term plan to revise the tree protection guidelines in Town. As part of this work plan, staff developed a Request for Proposals (RFP) for consultant services to draft a clear and concise updated tree ordinance that aligns with the Town’s goal to preserve trees.
The Town issued the RFP on Friday, November 19, 2021. The Town received two responses before the proposal deadline of Wednesday, December 15, 2021. Following a review of the proposals, staff is recommending Dudek after careful consideration of both proposals. Dudek is headquartered in Encinitas, California and has done similar projects in Temecula, San Jose, and El Dorado County. The firm has vast experience in urban forestry, fire management issues in wildland-urban interface (WUI) areas, and community engagement.
The project objectives include:
1. Provide community engagement throughout the process
2. Update the Town’s tree removal ordinance(s) in coordination with related ordinances to include industry best practices
3. Provide recommendations and analysis of innovative ways to protect and increase the sustainability benefits of trees in Town
4. Provide on-call consultation services, as needed to provide advice or lead portions of ordinance implementation
The scope of work includes an analysis of the existing ordinance(s), community engagement (including a community survey and listening session), as well as updates to the ordinance(s) based on information gathered during the project.
The contract utilizes the Town’s Professional Services Agreement (PSA) template. The agreement includes a not-to-exceed amount of $71,665.
FISCAL IMPACT: This project is not budgeted and would require additional appropriations of $71,665 (not-to exceed amount) beginning in FY 2021-22 with work completing by FY 2022-23. -109-
Agenda Staff Report - Hillsborough City Council
February 14, 2022
ENVIRONMENTAL ISSUES: The action to authorize the approval of a contract is not a project within the meaning of the California Environmental Quality Act (CEQA) per Guideline 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 contract will lead to the creation of a tree ordinance, and once that ordinance is drafted, staff will analyze it to determine the level of CEQA review required which may include determining that the ordinance is exempt from CEQA pursuant to CEQA Guideline 15307 and 15308 as an action taken to protect the environment and natural resources. Either way, to analyze the effects of the ordinance at this time would be speculative and CEQA review will be determined once the ordinance is prepared.
ATTACHMENTS:
1. Resolution
2. Professional Services Agreement
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a contract with Dudek for an update to the Town’s tree ordinance. -110-
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH DUDEK FOR TREE ORDINANCE UPDATE
WHEREAS, the Town of Hillsborough (“Town”) recognizes that trees are a vital part of our community, and desires to secure the services of a knowledgeable consultant to assist the Town in updating its current ordinances regulating trees, in order to comply with all legal and procedural obligations related thereto; and
WHEREAS, the Town sought a qualified consulting firm to provide a comprehensive update to the relevant ordinances regulating trees through a competitive Request for Proposal (RFP) process; and
WHEREAS, staff conducted analyses of the proposals received and reviewed the qualifications of each firm; and
WHEREAS, Dudek was determined to possess the expertise necessary to serve as the Town’s consultant to facilitate the tree ordinance update process and provide as-needed support with respect to implementation of the ordinance once adopted.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a contract with Dudek.
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 14th day of February 2022, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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ATTACHMENT 1
1 TOWN OF HILLSBOROUGH
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20____ by and between the Town of Hillsborough, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, CA 94010 (“Town”), and Dudek, a California Corporation with its principal place of business at 605 Third Street, Encinitas, CA 92024 (hereinafter referred to as “Consultant”).
Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. Town is a public agency of the State of California and is in need of professional services for the following project:
Tree Ordinance Update_____________________________________________________ (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for Town to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the Town with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the Town shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $71,665. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the Town, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the Town by Consultant with a statement of estimated changes in fee or time schedule. An amendment to -112-
ATTACHMENT 2
2 this Agreement shall be prepared by the Town and executed by both Parties before performance of such services, or the Town will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by Town.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the Town to proceed (“Notice to Proceed”). Consultant shall complete the services required hereunder within timeframes specified with Exhibit A. The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the Town, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
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3 Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. Any subconsultants Consultant intends to utilize in the performance of this Agreement shall be listed in Exhibit “B.” Consultant shall provide written notice and shall obtain the written consent of the Town prior to using or substituting a non-listed subconsultant in the performance of this Agreement.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of Town.
No employee or agent of Consultant shall become an employee of Town. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from Town as herein provided.
11. Insurance. Consultant shall not commence work for the Town until it has provided evidence satisfactory to the Town it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the Town.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
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4 (6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give Town, its officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the Town, and provided that such deductibles shall not apply to the Town as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the Town.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give Town, its officials, officers, employees, agents and Town designated volunteers additional insured status. (iv) Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the -115-
5 period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the Town and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
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6 g. Policy Provisions Required
(i) Consultant shall provide the Town at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the Town at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the Town or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the Town, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the Town, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
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7 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(iii) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the Town that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Town may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing), indemnify and hold the Town, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. -118-
8 13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and subsubconsultants to comply with the same.
16. Laws and Venue.
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9 This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Mateo, State of California.
17 Termination or Abandonment
a. Town has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, Town shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. Town shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by Town and Consultant of the portion of such task completed but not paid prior to said termination. Town shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to Town only in the event of substantial failure by Town to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the Town.
19. Organization
Consultant shall assign Ryan Allen as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the Town.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
TOWN:
Town of Hillsborough
1600 Floribunda Ave. Hillsborough, CA 94010
CONSULTANT:
Dudek
605 Encinitas, CA 92024
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10 Attn: Mandy Brown, Senior Management
Analyst
Attn: Joseph Monaco, ACIP, President/CEO
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Town and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of Town and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of Town. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement. -121-
11 29. Town’s Right to Employ Other Consultants
Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF HILLSBOROUGH
AND DUDEK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF HILLSBOROUGH DUDEK
By: By:
Ann Ritzma
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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13 EXHIBIT A
Scope of Services
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14 EXHIBIT B
Schedule of Charges/Payments
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15 EXHIBIT C
Activity Schedule
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PROPOSAL
Tree Ordinance Update
TOWN OF HILLSBOROUGH
DECEMBER 15, 2021
1630 San Pablo Avenue, Suite 300 / Oakland, CA 94612 / 510.601.2500 -127-
Tree Ordinance Update i
Cover Letter
December 15, 2021
Mandy Brown, Senior Management Analyst
Town of Hillsborough
1600 Floribunda Avenue
Hillsborough, California 94010
Subject: Tree Ordinance Update
Dear Ms. Brown,
Dudek understands that the Town of Hillsborough (Town) requires a comprehensive urban forestry team to review and update Town ordinances related to tree removals. We are a California-based environmental firm with four Northern California offices and more than 700 planners, scientists, civil engineers, contractors, and support staff.
We assist private and public clients on a broad range of projects that improve communities, infrastructure, and the natural environment. The review and update of the Town’s Tree Removal Ordinance, Landscaping Ordinance, Wildland-Urban Interface Code, and other applicable ordinances will be a highly collaborative process that includes diverse stakeholders to balance sustainability of the Town’s urban forest and maintenance of the community’s distinct character. Our project team will bring the Town the following strengths:
Experienced Project Managers Leading a Comprehensive Team. The project team will be managed by Dudek Project Manager Ryan Allen, an ISA-Certified Arborist with 13 years’ experience in urban forestry. Mr. Allen will be the primary point of contact for the Town throughout the process. Mr. Allen will be supported by Dudek’s urban forestry team. Our urban forestry team has a broad range of professional arboricultural and urban forestry experience and expertise that can be accessed to support successful project implementation. Additional support and resources will be provided by our team of urban foresters, community engagement specialists, technical editors, and graphics and publication specialists.
Application of Best Practices From Similar Experience. The project team has successfully completed urban forest management plans (UFMPs) and related arboriculture and urban forestry projects. Recent relevant urban forestry projects with public outreach and policy review include endeavors for the cities of San Jose, Temecula, Los Angeles, Rancho Cordova, Willits, and Beverly Hills, and for the Sacramento Tree Foundation. Dudek approaches urban forestry projects in terms of evaluating municipal urban forestry programs compared to sustainable indicators. The indicators provide a baseline with which a city’s program can be compared, as well as goals that can be incorporated into short- and long-range urban forestry planning.
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Tree Ordinance Update ii
A Responsive Team That Builds Your Trust. Our team will be responsive, staying on task and schedule. We are available on short notice and will follow up on communication within 24 hours. We create strong working relationships and build trust with our clients to deliver quality products.
We look forward to working with the Town on this unique opportunity. If you have any questions regarding our qualifications, please contact Mr. Allen at 626.204.9838 or [email protected].
Sincerely,
__________________________________ _____________________________________ Joseph Monaco, AICP Ryan Allen
President/CEO Project Manager
Joseph Monaco is authorized to sign on behalf of Dudek. -129-
Tree Ordinance Update iii
Table of Contents
SECTIONS
Cover Letter...........................................................................................................................................................................................i Firm Organization................................................................................................................................................................................1 Project Team........................................................................................................................................................................................3 Experience............................................................................................................................................................................................8 Scope of Work ..................................................................................................................................................................................11 Fees....................................................................................................................................................................................................15 References........................................................................................................................................................................................16 TABLES
1 Project Timeline.................................................................................................................................................................14 2 Project Fees .......................................................................................................................................................................15 3 Client References..............................................................................................................................................................16 FIGURE
1 Dudek Team Organization ..................................................................................................................................................3
APPENDIX
A Resumes
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Tree Ordinance Update 1
Firm Organization
Firm Profile
Dudek assists municipalities on a broad range of projects that improve California’s communities, infrastructure, and natural environment. From planning, design, and permitting through construction, we move projects through the complexities of regulatory compliance, budgetary and schedule constraints, and conflicting stakeholder interests. We have a long history of providing environmental services to municipalities throughout California and know the local environmental resources and agency policies pertaining to resource management, development impact assessment, and mitigation.
Dudek has built a reputation for providing exemplary supplementary environmental, planning, regulatory, engineering, construction management, operations, and funding expertise, offering municipalities a cost-effective way to accomplish short- and long-term goals. Dudek’s project managers are empowered to make nimble decisions and quickly draw from our pool of technical experts.
Primary Services
Dudek brings extensive experience in arboricultural and forestry consulting services, as well as civil engineering, biological and botanical assessments, regulatory permitting, stormwater compliance, unmanned aerial vehicle (drone) mapping, geographic information system (GIS) modeling and analysis, and California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) compliance. Our subsidiary company, Habitat Restoration Sciences, successfully implements habitat restoration, erosion control, and vegetation management projects. The Dudek advantage is that we can truly take a project from conception through construction, setting us apart from traditional arboricultural and forestry firms that often lack environmental and other supporting services, and from smaller multidisciplinary companies that may not employ engineers or cultural resources specialists.
Dudek at a Glance
▪ 41 years in business
▪ California corporation;
employee-owned
▪ Multidisciplinary environmental
and engineering services
▪ 12 California offices,
including, Oakland
▪ 700+ employees
▪ Insurance coverage limits
meet Town’s minimum
requirements
▪ Dun & Bradstreet 92% rating
for reliability, timeliness,
and responsiveness
▪ More than 180 on-call
contracts throughout California
Dudek Services
▪ Arboriculture and Forestry
▪ Wildfire Protection Planning
▪ Landscape Architecture
▪ Agency Permitting
▪ Biological Surveys and
Monitoring
▪ CEQA/NEPA Compliance
▪ Civil Engineering
▪ Coastal Planning/Permitting
▪ Construction Management
▪ Cultural Resources
▪ Environmental Planning
▪ Habitat Restoration and
Management
▪ Hazardous Materials Testing
▪ Hydrology
▪ Water Conservation Planning
▪ Water Infrastructure Planning
and Design
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Tree Ordinance Update 2
Arboriculture and Forestry Services
Dudek has one of California’s most experienced and diverse private-practice arboriculture and forestry teams. Our proposed team has licensed foresters and International Society of Arboriculture (ISA) Certified Arborists with experience in the assessment of tree health and potential removal of trees, as well as the review and updating of local ordinances related to urban forests. The proposed staff members can also receive support from additional forestry and arboriculture staff, as well as GIS and environmental staff, as needed.
Project Manager Ryan Allen and our team of qualified foresters and arborists have the experience to provide a full range of consulting forester and arborist services. Dudek professionals prepare management plans to promote individual tree or forest health, minimize risk, and protect assets and special-status resources. We provide practical solutions for tree and forest management, and we offer the following professional services:
▪ Development of Urban Forest Management
Plans (UFMPs)
▪ Tree risk assessment using established
assessment protocols (including ISA tree risk
assessment qualifications)
▪ Individual tree, stand, and urban forest evaluation
▪ Technical evaluation of individual trees and
assessment of health and structural condition
▪ Assessment and recommendation regarding
pests and disease
▪ Tree inventory and GPS mapping
▪ Carbon sequestration and environmental
benefits analysis of individual trees/forests
▪ Tree appraisal
▪ Tree maintenance specification preparation
▪ GIS data collection and management
▪ Technical report, management plan, and CEQA
document preparation related to tree and
forest management
▪ Development of forest management plans
and recommendations
▪ Preparation of California Department of
Forestry and Fire Protection plans, permits,
and exemptions
▪ Presentation of findings to
decision-making bodies
▪ Fuel/vegetation management plan preparation
Additional Services
In addition to our arboriculture and forestry services, Dudek has in-house expertise in the following environmental and natural resource disciplines that can be brought in to support projects, where needed:
▪ Environmental Review. Dudek environmental planners have prepared hundreds of CEQA and NEPA documents for large and small projects throughout California. ▪ Biological Resources and Agency Permitting. Dudek biologists specialize in wildlife biology, botany, vegetation ecology, and wetlands science and maintain the necessary permits and expertise to conduct focused surveys and develop management plans for almost all special-status wildlife species in California. ▪ Cultural and Archaeological Resources. Our cultural resource project managers are experts at complying with federal, state, and local guidelines and protocols, as well as Native American consultations. ▪ GIS. Dudek’s certified GIS experts provide services for public and private clients with needs ranging from data management and cartographic design to more sophisticated modeling. ▪ Fuel Treatment and Habitat Restoration. Habitat Restoration Sciences (HRS), Dudek’s construction arm, is a full-service, A-General Engineering, C-27 Landscaping, restoration landscaping firm specializing in native habitats. HRS provides services, including comprehensive brush management and habitat restoration services that comprise design, fuel treatment, grading, irrigation and plant installation, and maintenance. -132-
Tree Ordinance Update 3
Project Team
We have assembled a team with the knowledge and specific expertise to complete the scope of services outlined in the Request for Proposals. Project Manager Ryan Allen will be the primary point of contact for the Town of Hillsborough (Town). Mr. Allen is a Certified Arborist with 13 years’ expertise in arboriculture and urban forestry.
He is qualified in Tree Risk Assessment and has experience managing preparation of urban forest management plans, arborist reports, and reviewing tree ordinances. Senior arborist Scott Eckardt, Registered Professional Forester (RPF) and urban forestry/community outreach specialist Abby Beissinger will provide additional urban forestry expertise, and planner Dana Link-Herrera will assist with the review and update of the Town’s ordinances related to tree removal. Dudek’s in-house team will perform all services required and will lead community engagement efforts in coordination with the Town.
Figure 1 presents the Dudek team organization, including roles and responsibilities for the proposed staff members. Additional urban forestry, planning, and community outreach staff based throughout California are available to support the team, if necessary. Brief biographies highlighting the relevant experience and training of the proposed staff follows the organization chart, and staff resumes are provided in Appendix A.
Figure 1. Dudek Team Organization
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Tree Ordinance Update 4
Ryan Allen
URBAN FORESTER
Ryan Allen is an urban forester with 13 years’ experience providing strategic environmental planning to organizational programs, including UFMPs. Mr. Allen’s work deepens the positive impact on the communities he serves and increases organizational capacity. Mr. Allen has experience working with elected officials and staff and building and maintaining strategic partnerships. As part of his work managing UFMPs for numerous municipalities, he has reviewed ordinances and policies related to urban forests, tree removal, and wildlfire management.
Education
Pepperdine University
BA, Communications
Certifications
ISA Certified Arborist,
No. WE 10316A
TRAQ
Professional Affiliations
ISA
Relevant Projects/Experience
▪ UFMP and Tree Ordinance Reviews | CITY OF TEMECULA
▪ Community Forest Management Plan | CITY OF SAN JOSE
▪ UFMP Preliminary Planning and Roadmap | CITY OF LOS ANGELES ▪ UFMP | CITY OF RANCHO CORDOVA
▪ UFMP | CITY OF CHICO
▪ GreenPrint Neighborhoods Program and Website | SACRAMENTO
TREE FOUNDATION
▪ UFMP | CITY OF DOWNEY
▪ UFMP | CITY OF BEVERLY HILLS
▪ On-Call Arborist | CITY OF PASADENA
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Tree Ordinance Update 5
Scott Eckardt, RPF
SENIOR ARBORIST
Scott Eckardt is a project manager and licensed forester with 23 years’ professional experience in the natural resource management field, specializing in forest resource and fire management issues in open-space and wildland–urban interface (WUI) areas throughout California.
Mr. Eckardt’s project experience includes assessment and inventory of woodlands and forests; monitoring of woodland and forest resources on development sites; assessment of fire and fuel hazard conditions; WUI inspections for local fire departments; preparation of fire protection plans and community wildfire protection plans; GPS mapping; environmental monitoring; and preparation of assessment reports, oak woodland management, preservation plans, and CEQA technical documents. In addition, he routinely utilizes GIS data and aerial imagery in mapping, analysis of resource data, preparation of project plans, conducting project impact analyses, evaluating mitigation opportunities, and modeling fire behavior and wildfire hazard conditions.
Education
California State University,
Long Beach
MA, Geography
California Polytechnic State
University (Cal Poly),
San Luis Obispo
BS, Forestry and Natural
Resources Management
Certifications
RPF, No. 2835
ISA Certified Arborist,
No. WE5914A
Association for Fire Ecology
Certified Wildland Fire
Professional
Professional Affiliations
ISA
Society of American Foresters
Cal Poly Forestry and Natural
Resources Management
Department Advisory Council
Relevant Projects/Experience
▪ General Plan Biological Resource Policy Update | COUNTY OF
EL DORADO
▪ Community Forest Management Plan | CITY OF SAN JOSE
▪ UFMP| CITY OF WILLITS
▪ Tree Appraisal Services | CALIFORNIA STATE PARKS
▪ Forest Health Plan | SANTA CLARA COUNTY PARKS
▪ On-Call Arboricultural Services | CITY OF SACRAMENTO
▪ GreenPrint Neighborhoods Program and Website | SACRAMENTO
TREE FOUNDATION
▪ UFMP | CITY OF RANCHO CORDOVA
▪ Fuel Management Planning and Permitting | CITY OF SAN CARLOS ▪ Vegetation Management Plan | CITY OF OAKLAND
▪ Downtown Street Tree Management Plan | CITY OF REDDING -135-
Tree Ordinance Update 6
Dana Link-Herrera
URBAN FORESTER
Dana Link-Herrera is an urban forestry and wildfire planner with 7 years’ experience and a strong foundation in environmental and urban planning.
She has a diverse background in natural resource management, environmental analysis, permitting support, community outreach, and CEQA/NEPA analysis and documentation. Ms. Link-Herrera assists with the preparation of UFMPs, fire protection plans, community wildfire protection plans, and technical analyses in accordance with CEQA/NEPA and local/regional policies.
Education
Cal Poly, Pomona
MURP, Urban and Regional
Planning
University of California,
San Diego
BA, International Studies
(Environmental Studies minor)
Professional Affiliations
APA, AEP
Relevant Projects/Experience
▪ Tree Ordinance Reviews | CITY OF TEMECULA
▪ UFMP | CITY OF RANCHO CORDOVA
▪ Urban Forest Master Plan | CITY OF CHICO
▪ UFMP | CITY OF WILLITS
Abby Beissinger
URBAN FORESTER/COMMUNITY ENGAGEMENT SPECIALIST
Abby Beissinger is an urban forestry analyst and plant pathologist with 7 years’ experience implementing integrated pest management strategies in the green industry and commercial agriculture. Her expertise includes developing science-based plant health management plans; pathogen and insect diagnostics on trees, vegetables, fruit, and ornamental crops; community engagement; and research and data analysis.
Education
Washington State University
MS, Plant Pathology
University of WisconsinMadison
BA, Anthropology
Professional Affiliations
American Phytopathological
Society
Relevant Projects/Experience
▪ Community Forest Management Plan | CITY OF SAN JOSE
▪ UFMP | CITY OF WILLITS
▪ Street Tree Master Plan | CITY OF DOWNEY
▪ UFMP | CITY OF RANCHO CORDOVA
▪ Eucalyptus Internal Decay Study | CITY OF IRVINE
▪ UFMP | CITY OF LA MESA
▪ UFMP | CITY OF WILLITS
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Tree Ordinance Update 7
Madelyn Murray
COMMUNITY ENGAGEMENT SPECIALIST
Madelyn Murray is an environmental analyst with 3 years’ experience in environmental research, grant writing, and regional planning support.
Ms. Murray provides support on numerous grant applications, plan updates, and community outreach and engagement efforts. She also helps agencies identify appropriate grant opportunities for their projects. Education University of California,
Santa Barbara
BA, Environmental Studies
(Ecology emphasis)
Relevant Projects/Experience
▪ On-Call Grant Writing Services | COUNTY OF SAN MATEO
▪ Public and Stakeholder Engagement for Master Plan Development |
SAN MATEO COUNTY HARBOR DISTRICT
▪ On-Call Grant Writing Services | MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
▪ Sustainable Groundwater Management Act Stakeholder
Communication and Engagement | SANTA YNEZ RIVER WATER
CONSERVATION DISTRICT
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Tree Ordinance Update 8
Experience
Dudek’s Urban Forestry Practice was established in 2002, and the firm has provided arboricultural and forestry services, including UFMPs, tree inventories, and tree canopy assessments for municipalities and agencies throughout California. Our urban forestry team are experts in assisting cities, counties, agencies, and private developers with urban forestry services and assessments, as well as fuel reduction and wildfire planning and management services to a broad range of clients. In all, Dudek has prepared or is preparing nine UFMPs for California municipalities over the past two years, and all of our UFMP projects include ordinance reviews.
Following is a representative sample of project experience completed by Dudek team member firms similar to the profile of the Town’s project.
Tree Ordinance Review/Updates, Temecula, California
Client: City of Temecula
Reference: Stacy Fox, Maintenance Superintendent; 41000 Main Street, Temecula, California 92590; 951.308.6306; [email protected]
Contract Amount: $318,265
Period of Performance: 2020–Ongoing
We are currently developing the City of Temecula
UFMP to guide the long-term management of trees
within the City. The project consists of an extensive
internal review of City operations to understand if the current governance structure, tree management
practices, ordinances, policies, and budget are
progressing the City towards a sustainable urban
forest. Specifically, the project includes a thorough
review of the City’s Heritage Tree Ordinance and
municipal code that establish procedures and
practices to manage trees on both private and public
property. The project also includes extensive
community outreach, including an online public survey, online community meeting, Urban Forest Summit, participation in five in-person community events, project website, social media posts, and education materials.
The community engagement activities will help understand community values and priorities that will shape the strategic plan vision, goals, and objectives. Expected completion in June 2022. -138-
Tree Ordinance Update 9
Community Forest Management Plan, San Jose, California
Client: City of San Jose
Reference: Russell Hansen, City Arborist; 200 E. Santa Clara Street, San Jose, California 95113; 408.794.1914; [email protected]
Contract Amount: $222,850
Period of Performance: 2019–2021
We are currently developing the San Jose Community Forest Management Plan (CFMP) driven by meaningful community
engagement and technical expertise. Project tasks include analyzing the existing tree canopy cover using satellite imagery; conducting 17 interviews with city staff, elected officials, and stakeholders; creating a project webpage and outreach video; conducting a Strengths, Weakness,
Opportunities, and Threats analysis of current management practices; determining the condition of the city’s urban forest; conducting online community engagement forums; and
developing achievable short- and long-term goals. The resulting CFMP will clearly and concisely present the complexities of urban forest management with accompanying easy-to-interpret graphics so that the document is understandable to seasoned urban foresters as well as the general public. The project website can be viewed at sanjosecfmp.com.
General Plan Biological Resources Policy Update and Oak Resources Management Plan, El Dorado County, California
Client: County of El Dorado
Reference: Anne Novotny, Principal Planner; 2850 Fairlane Court, Placerville, California 95667; 530.621.5931; [email protected]
Contract Amount: $546,500
Period of Performance: 2014–2017
The County of El Dorado contracted with Dudek in 2014 to update its General Plan Biological Resource Policies and Oak Woodland Management Plan, as well as to prepare an
associated Environmental Impact Report (EIR). The Dudek team conducted a thorough review of relevant planning
documents, maps, and research, and formulated four General Plan policy options for the County of El Dorado Board of Supervisors to consider. The selected General Plan policy option provided direction to outline a conservation/mitigation framework to address impacts to special-status species, vegetation communities, and oak resources (including oak woodlands and individual native oak trees). Following this direction, Dudek worked with County of El Dorado staff and conducted a series of Board of Supervisors workshops to gain direction on key decision points that would dictate edits to the County of El Dorado’s General Plan policies and Oak Woodland Management Plan. -139-
Tree Ordinance Update 10
The proposed revisions to the General Plan biological resource policies focus on creating consistent, self-implementing polices that meet agency standards for special-status species and non-oak vegetation community impacts. Proposed revisions to General Plan biological resources policies related to oak woodlands and oak trees focus on consolidation of policy language and outlining oak resource impact mitigation requirements in detail in the draft Oak Resources Management Plan (ORMP). The Oak Woodland Management Plan was renamed the ORMP following the Board of Supervisors’ direction to comprehensively address mitigation for impacts to oak woodlands and individual native oak trees (including heritage trees) in one document.
During preparation of the draft ORMP, Dudek teamed with New Economics & Advisory who prepared a draft nexus study consistent with the State of California’s Mitigation Fee Act. The draft nexus study identifies separate in-lieu fees for impacts to oak woodlands (on a per-acre basis) and individual native oak trees (on a diameter-inch basis).
The in-lieu fee program is also presented in the ORMP and outlines a process for fee payment to mitigate impacts to oak resources in the County of El Dorado. The County of El Dorado shall use these funds to acquire conservation easements or land containing oak woodlands and to plan individual native oak trees.
Dudek also completed the project’s EIR, which was finalized and adopted by the Board of Supervisors in 2017. -140-
Tree Ordinance Update 11
Scope of Work
Dudek understands the importance and value of a tree ordinance that reflects the goals of a community in meeting their urban forest management objectives related to tree protection. With input from an engaged community, an updated approach to the tree removal process will allow for a balanced and sustainable approach to maintain tree canopy over time. This is an important tool in planning for a greener future for the residents of Hillsborough.
Dudek will focus on a comprehensive view of the Town’s Tree Ordinance to help progress the Town towards preserving trees when possible and ensuring sufficient replacement of trees that require removal. Dudek will provide specific recommendations for amendments to the Town’s municipal code that applies to the tree removal ordinance and any others with respect to tree protection. Development of the recommendations will be based on promoting sustainable urban forestry practices and will draw from on information gathered during the review and analysis, input from the Town staff, Architecture and Review Board, City Council, the City Manager’s task force, and community members.
The following outlines Dudek’s approach for conducting a comprehensive update to the Tree Ordinance and engaging the public in that process.
Task 1: Tree Ordinance(s) Analysis
Project Kickoff Meeting
We plan to initiate the project with a meeting between Town staff and the Dudek team to ascertain specific project goals, discuss scope of work details, and confirm reporting and communication procedures. We will discuss existing tree removal and protection processes and the existing financial and human resources dedicated to tree removal review and permitting. We will provide an agenda prior to the meeting and will submit meeting minutes summarizing major topic discussions following the meeting.
Analysis of Current Ordinances Affecting Tree Removal
Dudek will focus on a comprehensive analysis of the Town’s Tree Removal Ordinance (Chapter 14.04), Landscaping Ordinance (Chapter 17.56), Wildland–Urban Interface Code (Chapter 15.21), and any other ordinance that may be applicable. We will look at the parameters for when a tree is considered protected and the process by which requests are considered for the removal of protected trees. We will consider replacement planting requirements that are directed towards the urban forest goals of the Town and whether penalties are sufficient enough to deter violation of the ordinance. We will evaluate the current internal and external process for tree removals, and penalties for violation of tree care, protection, and removal.
Dudek will provide a comparative analysis with cities and towns in the region and evaluate how the Town’s ordinance compares with other nearby municipal urban forest programs and ordinances. The analysis will specifically address trees on private property. We will then summarize the analysis and provide a set of recommendations for future modifications to the Tree Removal Ordinance, Landscaping Ordinance, and Wildland– Urban Interface Code. We will discuss existing tree removal and protection policies and regulations in comparison to model tree ordinances for potential changes. Development of recommendations will be based on promoting sustainable urban forestry practices and will draw from the information gathered during the kickoff meeting and our analysis.
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Tree Ordinance Update 12
Presentation of Analysis
Following the ordinance analysis, we will prepare a report and PowerPoint presentation that will be reviewed by Town staff (two rounds). As part of the presentation, we will include a draft implementation timeline and staff time requirement assessment. We anticipate the turnaround time to be approximately two weeks per review cycle.
We will present the analysis and our recommendations to the Architecture and Design Review Board and the City Council. We anticipate these two presentations to be held over Zoom as an evening presentation (Architecture and Design Review Board) and evening study session presentation (City Council). After each meeting, we will summarize the comments and action items.
Task 2: Community Engagement
Community Engagement Strategy
Dudek will focus on designing an engagement process that will provide the community a role in creating an ordinance that addresses their priorities, issues, and goals. An Ordinance that reflects the community is more likely to be implemented upon completion and result in achieving the goals of the Town. Dudek recognizes that each community is unique and requires a tailor-made engagement plan to meet community member needs. The Dudek team will begin by consulting with Town staff to identify stakeholders and identify goals to foster community involvement and public education, as well as establish an education and outreach strategy for Ordinance implementation.
Dudek’s marketing and graphics team will work with the Town to prepare outreach materials that will communicate to the public about possible ordinance changes and the process and opportunities for participation.
This will include development of content for the Town for its publications, such as newsletter, e-Announcement, website content, and presentations. It will also include a flier/postcard mailing with a focus on engaging the community in the process.
Listening Session
We will coordinate and host an all-day listening session with a task force of community members selected by the City Manager to participate in the ordinance update process. One goal of the session is to better understand public perspectives and priorities related to tree and urban forest management, issues and values the group places on trees, and the tree removal and replacement process. The listening session will take place on a day and time that is determined by Town staff and the task force that would yield maximum participation. The listening session will run approximately 4-6 hours to allow ample time for conversations on the important issues that stakeholders want to address.
During the listening session, community members will be led through a series of guided brainstorming exercises to identify key successes, barriers, and desires for the Town’s urban forest. Community members will be provided a space to share the obstacles and opportunities related to growing and maintaining trees on their property and the challenges and successes they observe with Town tree management. Community members will engage in a dialogue about the ordinance update, be guided through the update process and implementation plan, and share feedback. The result will be to build consensus on the updates and gain approval from attendees. -142-
Tree Ordinance Update 13
On-line Survey
We will prepare a public survey to be released online to reach a broad audience throughout the Town. Our experience with public surveys indicates that they routinely result in significantly more public input than public meetings alone. As such, we will develop an online survey using the SurveyMonkey platform. Questions will consist of topics related to urban forest values, perceived benefits of trees, and views on possible updates and changes to the tree removal and replacement process. Results of the surveys will be compiled in an electronic file, summarized, and included in the report and presentation to the City Council.
Following the listening session and public outreach response period, we will summarize the public input received and will use the information to further inform the ordinance(s) update.
Task 3: Updates to Ordinances and Revision
Updates to Ordinance(s)
The draft updated Ordinance(s) will be refined based on information gathered from the Town staff, City Council, the City Manager’s task force, and community members. The updated draft will be circulated to the Town staff and City Attorney’s office for review. Dudek anticipates at least two reviews will be needed with a turnaround time of approximately two weeks per review.
Presentation of Ordinance(s) to City Council
Dudek will prepare an informational update on the project to be provided to City Council. In advance of the City Council meeting, Dudek with prepare a staff report and PowerPoint presentation that will be reviewed by Town staff (two drafts). The anticipated turnaround time for each review will be approximately two weeks. We will present the results of the community feedback effort and the resulting updated ordinance recommendations to the City Council.
Based on the comments and feedback provided by the City Council, a second staff report and PowerPoint presentation will be prepared with the purpose of introducing an ordinance to amend certain section of the Hillsborough Municipal Code. We will include time for two rounds of staff review for this staff report and presentation with an expected turnaround time of two weeks per review.
Task 4: Ordinance Implementation Support (As Needed)
Dudek will prepare any training materials, content, and resources to be posted on the Town website and/or other educational communications with the public regarding the ordinance changes. Dudek will provide support to Town staff in the implementation of the ordinance on an hourly basis as determined necessary by the Town staff. These services will be scoped and budgeted when needed according to the rate sheet agreed upon by the Town and Dudek before implementation.
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Tree Ordinance Update 14
Table 1. Project Timeline
Tasks/Subtasks Anticipated Date
Task 1. Tree Ordinance(s) Analysis
Project kickoff meeting with town staff 2/7/2022
Provide report of analysis and PowerPoint presentation for staff review 2/21/2022 Zoom meeting presentation to the Architecture and Review Board 3/7/2022 Zoom meeting presentation to the City Council 3/14/2022 Provide summary of comments and actions from each meeting 3/22/2022 Task 2. Community Engagement
Develop community engagement strategy 4/1/2022
All-day listening session with the City Manager task force 5/4/2022 On-line survey 5/2/2022
Task 3. Update to Ordinances and Revision
Draft updated ordinance for staff review (first draft) 5/30/2022 Second draft updated ordinance for staff review (second review) 6/13/2022 Staff report and PowerPoint presentation for City Council meeting for staff review 6/27/2022 Presentation to City Council on project status and ordinance updates 7/11/2022 Staff report and PowerPoint presentation for City Council meeting for staff review 7/25/2022 Presentation to City Council on project status and ordinance updates 8/8/2022 Task 4. Ordinance Implementation Support (As Needed)
Prepare training and education materials for Town staff TBD Hourly support to staff to implement the revisions TBD
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Tree Ordinance Update 15
Fees
Table 2 presents Dudek’s estimated project fees to complete the project as outlined in the Scope of Work.
Table 2. Project Fees
Dudek Labor Hours and Rates
Project Team Role: Specialist IV Senior Specialist III Specialist II Analyst V Analyst IV Graphic
Designer IV
Publications
Specialist l
Total Dudek
Hours
Dudek Labor
Costs
Other Direct
Costs Total Fee
Team Member: Ryan Allen Scott Eckardt Dana Link-Herrera Abby Beissinger Madelyn Murray Raoul Ranoa Publications
Specialist l
Billable Rate: $170.00 $220.00 $145.00 $120.00 $110.00 $160.00 $90.00 Task 1. Tree Ordinance(s) Analysis
1.1. Project Kickoff Meeting 6 4 10 $1,500.00 $1,500.00
1.2. Analyze Current Tree Removal Ordinance(s) 12 4 12 10 38 $5,860.00 $5,860.00
1.3. Presentation of Analysis 12 12 12 36 $5,220.00 $5,220.00 Subtotal Task 1 30 4 24 26 84 $12,580.00 $12,580.00
Task 2. Community Engagement
2.1. Community Engagement Strategy Development 8 16 8 24 40 8 104 $14,400.00 $8,625.00 $23,025.00
2.2. Listening Sessions 16 8 40 64 $8,680.00 $8,680.00
2.3. On-line Survey 4 8 8 16 36 $4,560.00 $4,560.00
Subtotal Task 2 28 32 56 40 40 8 204 $27,640.00 $8,625.00 $36,265.00 Task 3. Update to Ordinance(s) and revisions
3.1. Updates to Ordinance(s) 16 8 20 16 4 64 $9,660.00 $9,660.00
3.2. Presentation of Ordinance(s) to City Council 40 24 24 88 $13,160.00 $13,160.00 Subtotal Task 3 56 8 44 40 4 152 $22,820.00 $22,820.00
Total Hours 114 12 100 122 40 40 12 440
Total $19,380.00 $2,640.00 $14,500.00 $14,640.00 $4,400.00 $6,400.00 $1,080.00
$63,040.00 $8,625.00 $71,665.00
Percent of Hours (Base) 26% 3% 23% 28% 9% 9% 3%
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Tree Ordinance Update 16
References
Dudek has assisted municipalities and public agencies with urban forestry projects, including UFMPs with ordinance reviews, and assisted clients with services such as community engagement. Table 3 presents references who can attest to the high-quality of our services and work products.
Table 3. Client References
Client Project(s) Contact Information
City of Temecula UFMP /Tree Ordinance Reviews Stacy Fox, Maintenance Superintendent 41000 Main Street
Temecula, California 92590
951.308.6306
[email protected]
City of San Jose Community Forest Management Plan Russell Hansen, City Arborist 200 E. Santa Clara Street
San Jose, California 95113
408.794.1914
[email protected]
County of El Dorado General Plan Biological Resources
Policy Update and Oak Resources
Management Plan
Anne Novotny, Principal Planner
2850 Fairlane Court
Placerville, California 95667
530.621.5931
[email protected]
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Appendix A
Resumes
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1 Ryan Allen
URBAN FORESTER
Ryan Allen is an urban forester with 13 years’ experience providing strategic environmental planning to organizational programs. Mr. Allen’s work deepens the positive impact on the communities he serves and increases organizational capacity. Mr. Allen has experience working with elected officials and staff and building and maintaining strategic partnerships.
Project Experience
Urban Forest Management Plan Preliminary Planning and Roadmap, City of Los Angeles, California. Prepared a comprehensive report on the current conditions of the City of Los Angeles urban forest and its management as the beginning phase of the city’s preparation to begin an urban forest management plan (UFMP). Developing the report was a 10-month long process that included monthly working group meetings with over 40 urban forest stakeholders, extensive departmental interviews, a public survey with 2,600 responses, and the comparison of Los Angeles urban forest activities with three other municipal urban forest programs. The report analyzes current funding levels and City of Los Angeles planning documents, ordinances, policies, governance structure, and management practices against urban forest sustainability standards. The result of the analysis delivered key findings on the status of the urban forest and made recommendations on the steps the city needs to take to move toward the completion of a UFMP and implementing sustainable practices.
UFMP, City of Downey, California. Lead writer and developer of the City of Downey’s 30-year planning document to expand canopy cover, implement efficient management practices, and increase public awareness of the urban forest.
This process has included analyzing the current tree inventory and canopy cover, calculating the ecological benefits of the urban forest using the i-Tree Eco suite, and determining the current value of the city’s trees. Reviewed current policies and ordinances against urban forest sustainability standards and will update these documents and create new policies as appropriate. Assessed the governance structure, interdepartmental protocols, and management practices of the City of Downey through departmental interviews with all staff who affect trees.
Community Forest Management Plan, City of San José, California. Currently developing the San Jose Community Forest Management Plan driven by meaningful community engagement and technical expertise. Project tasks include analyzing the existing tree canopy cover using satellite imagery; conducting 17 interviews with city staff, elected officials, and stakeholders; creating a project webpage and outreach video; conducting a strengths, weaknesses, opportunities, and threats analysis of current management practices; determining the condition of the city’s urban forest; educating; and developing achievable short- and long-term goals. The resulting Community Forest Management Plan (CFMP) will clearly and concisely present the complexities of urban forest management with accompanying easy-to-interpret graphics so that the document is understandable to seasoned urban foresters as well as the public. Expected completion date March 2021.
Education
Pepperdine University
BA, Communications,
(Creative Writing
emphasis)
Certifications
Certified Arborist,
No. WE 10316A
Tree Risk Assessment
Qualified
Municipal Specialist
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2 UFMP, City of Beverly Hills, California. Leading the development of the City of Beverly Hills’ 30-year planning document to implement sustainable management practices to create a healthy urban forest canopy. Dudek also analyzed the city-managed tree population, completed a wildfire hazard assessment for an area designated a Very High Fire Hazard Severity Zone, and provided recommendations to manage a more fire safe community that will be included as a chapter of the UFMP. Expected to be completed February 2021.
UFMP, La Mesa, California. Leading the development of the city’s UFMP document that includes a thorough analysis of all management practices, a LiDAR canopy cover analysis, facilitation of a stakeholder-working group, interviews with all relevant city staff who affect trees, and analysis of the status of the urban forest. The goal of the UFMP is to help the City of La Mesa reach canopy cover and greenhouse gas emission reduction goals of their Climate Action Plan. CAL FIRE provides funding for the project, and project objectives will help the city achieve the outcomes of the grant. Expected completion date of July 2021.
UFMP, City of Rancho Cordova, California. Leading the development of the city’s UFMP document in partnership with the City of Rancho Cordova and the Sacramento Tree Foundation. Highlights of the project include the development of an online survey, project webpage, and strategic tree planting plan; interviews with city staff; and a LiDAR canopy cover analysis. The project is focusing on development standards for new residential communities, to ensure land use planning incorporates trees into designs to create healthy tree-lined streets. The project is determining the sustainability of the urban forest using an i-Tree analysis and an assessment of sustainability indicators. CAL FIRE provides funding for the project, and project objectives will help the city achieve the outcomes of the grant. Expected completion date of June 2021.
Green Neighborhood Program, Sacramento Tree Foundation, Sacramento, California. Lead program developer for Dudek in developing the GreenNeighborhood Program in partnership with the Sacramento Tree Foundation, a non-profit urban forestry leader in the Sacramento region. The GreenNeighborhood Program is a tool to help residential homebuilders develop neighborhoods for long-term health and sustainability by meaningfully incorporating trees. The program provides urban forestry best management practices for tree preservation, planning, species selection, tree placement, planting, and establishment care. Upon verification that each of the six steps of the program are successfully completed, program participants receive GreenNeighborhood certification. Development of this program included gathering input from a stakeholder working group, refining benchmark goals, managing the creation of a project webpage, and developing urban forestry guidelines and standard details.
On-Call Arborist, City of Pasadena, California. Serves as contract city arborist. Responsibilities include a variety of arboricultural tasks, from reviewing third-party arborist reports to informing city council members on urban forestry issues. Responsible for identifying nuisance trees, reviewing and evaluating urban forestry budgets, recommending measures to reduce or eliminate tree impacts, recommending mitigation measures for impacted trees, and being the primary contact for arboricultural-related issues.
Oak Tree and Woodland Evaluations and Monitoring, NBC Universal, Los Angeles, California. Provide ongoing monitoring and evaluation of oak trees and oak woodland on the Universal Studios site in Hollywood. Assist in ongoing site development by navigating City and County of Los Angeles protected tree ordinances. Review the health and safety of oak trees throughout the project site.
New York Drive Oak Tree Construction Monitoring, Los Angeles County Public Works, Altadena, California.
Monitored the construction related activities that impacted protected oak trees throughout the project area and implemented tree protection measures. Continuing to monitor the health and safety of the protected oak trees and provide regular reports to Los Angeles County after the completion of construction. -149-
1 Scott Eckardt, RPF
SENIOR ARBORIST, LICENSED FORESTER
Scott Eckardt is a project manager and licensed forester with 23 years’ professional experience in the natural resource management field, specializing in forest resource and fire management issues in open-space and wildland–urban interface (WUI) areas throughout California. Mr. Eckardt’s project experience includes assessment and inventory of woodlands and forests; monitoring of woodland and forest resources on development sites; assessment of fire and fuel hazard conditions; WUI inspections for local fire departments; preparation of fire protection plans (FPPs) and community wildfire protection plans (CWPPs); GPS mapping; environmental monitoring; and preparation of assessment reports, oak woodland management, preservation plans, and California Environmental Quality Act (CEQA) technical documents. In addition, he routinely utilizes geographic information system (GIS) data and aerial imagery in mapping, analysis of resource data, preparation of project plans, conducting project impact analyses, evaluating mitigation opportunities, and modeling fire behavior and wildfire hazard conditions. Mr. Eckardt previously worked for the California Department of Forestry and Fire Protection (CAL FIRE) in South Lake Tahoe, where he conducted fuel reduction, vegetation thinning, and forest rehabilitation projects.
Project Experience
Forest Health Plan for Mt. Madonna County Park, Santa Clara County Parks, Santa Clara County, California. Served as the lead forester and project manager and developed a forest health plan for the 4,600-acre Mt. Madonna County Park.
Santa Clara County Parks engaged Dudek to develop a plan to proactively address management of forest threats (pests, diseases, fire hazard) to maintain high recreational value in the Park. The Park is in the southern Santa Cruz Mountains and is characterized by varied terrain redwood forests and oak woodlands, and includes numerous recreational amenities (campsites, trails, picnic areas). The Park is used by the public year-round. Development of the plan and associated CEQA document was completed in 2018.
Community Forest Management Plan, City of San Jose, California. Currently managing development of the San Jose Community Forest Management Plan driven by meaningful community engagement and technical expertise. Project tasks include analyzing the existing tree canopy cover using remotely-sensed data sets; conducting interviews with city staff, elected officials, and stakeholders; creating a project webpage and outreach video; conducting a strengths, weaknesses, opportunities, and threats analysis of current management practices; determining the condition of the city’s urban forest; educating; and developing achievable short-and long-term goals. The resulting Community Forest Management Plan (CFMP)will clearly and concisely present the complexities of urban forest management with accompanying easy-to-interpret graphics so that the document is understandable to seasoned urban foresters as well as the public.
Education
California State University,
Long Beach
MA, Geography
California Polytechnic
State University,
San Luis Obispo
BS, Forestry and Natural
Resources Management
Certifications
Registered Professional
Forester (RPF), No. 2835
Certified Arborist,
No. WE-5914A
Association for Fire
Ecology Certified Wildland
Fire Professional
Professional Affiliations
International Society of
Arboriculture (ISA)
Association for Fire
Ecology
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2 General Plan Biological Resource Policy Update, County of El Dorado, California. Served as the lead forester on Dudek's team that was selected to update the County's Oak Resources Management Plan (ORMP) and portions of the Biological Resource Policy language for the County of El Dorado’s General Plan, which includes policies that outline native oak woodland and oak tree impact and mitigation requirements. The project involved coordination with County staff and the Board of Supervisors on policy development and incorporated public and stakeholder comments. Lead author of the County’s ORMP, drafted policy language and provided technical arboricultural and forestry expertise to the oak tree and oak woodland policy components. Supported preparation of the project’s Environmental Impact Report (EIR).
On-Call Consulting Arborist Services, City of Sacramento, California. Served as project manager for on-call arboricultural consulting services. Dudek prepared a summary report and developed management recommendations for City of Sacramento–managed trees in the North Natomas area. This task involved extensive field work evaluating 79 landscape areas (including approximately 4,000 trees) to document and map tree and landscape area conditions that were causing, or had the potential to cause, damage to adjacent hardscape, sound walls, or other landscape infrastructure. Dudek also assessed more than 2,800 individual park trees using a modified risk evaluation procedure. Risk assessments identified tree defects, the likelihood of failure, the target potential, and management actions recommended to eliminate or reduce risk. Dudek accessed the City of Sacramento’s GIS-based tree inventory and delivered a database for prioritizing risk-reduction efforts.
Vegetation Management Plan, Oakland Fire Department, City of Oakland, California. Prepared a Vegetation Management Plan (VMP) for the City of Oakland Fire Department. The scope of the VMP covers nearly 2,000 acres of City-owned land, along with over 300 miles of roadside treatment areas in the City’s designated Very High Fire Hazard Severity Zone. The VMP outlines vegetation management techniques and standards to reduce the likelihood of extreme fire behavior and promote public and firefighter safety. Prioritization of vegetation treatment areas considers these variables and the size, physical characteristics, and spatial distribution of Cityowned parcels throughout the VMP area. Supporting the project’s environmental review process, which is currently underway.
Roadside Hazard Tree Assessment and Mapping, Sonoma County, California. Served as the project manager for a hazard tree identification and mapping project for approximately 1,700 dead, dying, and hazardous trees along 31 miles of roads in the northwestern portion of Sonoma County. The intent of the project was to identify trees that may impact Sonoma County roads and deliver project data so that it could be used for tree removal contractor bidding. The project was conducted in early 2020 and involved identifying and tagging trees located within the Sonoma County right-of-way and collecting tree attribute data for trees on adjacent private properties where right-of-entry will be needed to facilitate tree removal. Dudek delivered tree attribute and mapping data to Sonoma County in May 2020. The project was funded by a CAL FIRE grant.
Downtown Street Tree Management Plan, City of Redding, California. Served as the lead arborist and project manager to develop a Street Tree Management Plan (STMP) for the downtown portion of the City of Redding. The project involved an assessment and inventory of 711 trees and 164 vacant planting spaces in the City of Redding’s downtown core area. Development of the STMP involved a detailed inventory of the City-managed Downtown Core tree population, identification of vacant tree planting sites, an analysis of tree inventory data, quantification of the environmental benefits of the Downtown Core’s trees through the i-Tree software suite, evaluating the City’s current tree maintenance practices and work history, and development of management recommendations for enhancing existing trees and establishing new trees in currently vacant spaces. The STMP provides guidance for better management of the Downtown Core’s tree population, including an analysis of the current urban forest, species, conditions, infrastructure issues, and recommendations for long-term management. -151-
1 Dana Link-Herrera
URBAN FORESTRY AND WILDFIRE PLANNER
Dana Link-Herrera is an urban forestry and wildfire planner with 7 years’ experience and a strong foundation in environmental and urban planning. She has a diverse background in natural resource management, environmental analysis, permitting support, community outreach and the California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA).
Ms. Link-Herrera provides research, writing, analysis, and project management support on a variety of project types in rural, suburban, and urban communities. She has experience working with federal, state, and local agencies, as well as with public universities and tribal communities. She works collaboratively with Dudek’s certified arborists, fire planners, and licensed foresters to prepare urban forest management plans (UFMPs), fire protection plans (FPPs), community wildfire protection plans, and technical analyses in accordance with CEQA/NEPA and local/regional policies. She is experienced in conducting site visits and field work, interpreting data to provide comprehensive canopy cover analyses, completing regulatory setting research, reviewing and developing plans/policies/ordinances, and performing community outreach. Ms. Link-Herrera is skilled at synthesizing technical information into planning documents and reports and provides a comprehensive approach to environmental planning.
Project Experience
UFMP, City of Temecula, California. Supported development of the City of Temecula UFMP, in accordance with California Department of Forestry and Fire Protection (CAL FIRE) grant guidelines. Worked with geographic information system (GIS) staff to conduct a canopy cover analysis using LiDAR canopy cover data. Reviewed the city’s existing plans, policies, and practices to develop recommendations for planting opportunities to expand the urban forest. Conducted stakeholder interviews and assisted with community outreach efforts.
UFMP, City of Willits, California. Supported development of the City of Willits UFMP, in accordance with CAL FIRE grant guidelines, with an emphasis on increasing canopy cover while maintaining and improving community character. Assisted with community outreach, stakeholder interviews, and a review of existing city plans and policies to develop recommendations.
UFMP, City of Rancho Cordova, California. Co-authored the City of Rancho Cordova UFMP, in accordance with CAL FIRE grant guidelines. Worked collaboratively with Dudek GIS staff to conduct a canopy cover analysis, which separately analyzed developed and undeveloped portions of the city. Established canopy cover goals based on existing developed areas of the city and provided policy recommendations for future development in the city.
Analyzed tree equity and identified tree planting opportunity areas using CalEnviroScreen and urban heat island data. Conducted review and analysis of existing plans, policies, and ordinances and contributed to development of a new tree protection ordinance.
Education
California State
Polytechnic University,
Pomona
MURP, Urban and
Regional Planning
University of California,
San Diego
BA, International Studies
(Environmental Studies
minor)
Professional Affiliations
American Planning
Association (APA)
Association of
Environmental
Professionals (AEP)
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2 UFMP, City of La Mesa, California. Co-authored the City of La Mesa UFMP in accordance with the CAL FIRE grant guidelines. The UFMP will serve as a guidance document to help the city increase canopy cover to mitigate climate change impacts and provide a healthy, equitable urban forest. Worked with GIS staff to conduct a canopy cover analysis using LiDAR canopy cover data. Developed canopy cover goals and calculated tree planting scenarios.
Conducted analysis of canopy equity and identified tree planting opportunity areas using CalEnviroScreen and urban heat island data. Reviewed and analyzed existing city planning documents and policies and provided recommendations for improved planning and management of trees in the City of La Mesa.
Urban Forest Master Plan, City of Chico, California. Supported development of the City of Chico Urban Forest Master Plan, in accordance with CAL FIRE grant guidelines. Organized and conducted stakeholder interviews.
Worked with GIS staff to conducted canopy cover analysis using existing satellite imagery. Conducted review of existing city plans and policies to develop long range planning recommendations for the urban forest.
Santa Barbara Community Wildfire Protection Plan and Environmental Impact Report, City of Santa Barbara, California. Assisted with preparation of the Santa Barbara Community Wildfire Protection Plan and the accompanying program-level Environmental Impact Report (EIR). Worked collaboratively with the project team to prepare and update the citywide Community Wildfire Protection Plan and conduct an in-depth program-level environmental analysis in accordance with CEQA and local and regional policies, while meeting a firm project schedule. Served as lead author and conducted analysis of potential impacts to aesthetics and visual resources and recreation. The project is funded through a grant from CAL FIRE.
La Purisima Fuel Reduction Project, California Vegetation Treatment Program (CalVTP) Program EIR, Santa Barbara County Fire Department, California. Provided project management support and conducted analysis in accordance with CEQA for a vegetation reduction project under the CAL FIRE CalVTP Program EIR. The project consists of vegetation treatment to create a fuel break along Purisima Ridge in northern Santa Barbara County.
Coordinated with Dudek technical staff and Santa Barbara County Fire Department staff to conduct site visits and complete technical analyses and a project-specific analysis. Created a mitigation monitoring and reporting program tracker to facilitate implementation of standard project requirements and mitigation measures.
Hitch Ranch Project Fire Protection Plan and EIR, City of Moorpark, California. Authored the CEQA wildfire analysis for the project, which includes single-family residential development and outdoor recreational space located in a very high fire hazard zone/wildland–urban interface area. Worked collaboratively with Dudek wildfire planners to incorporate technical information from the Fire Protection Plan (FPP) into the EIR section to provide a comprehensive wildfire analysis. The analysis included a review of the existing fire environment, fire behavior modeling for pre- and post-project conditions, proposed fuel modification zones, and mitigation measures for the project.
Entrada South and Valencia Commerce Center Project FPP and Supplemental EIR, County of Los Angeles, California. Authored the CEQA wildfire analysis for the project, which includes single-family residential and commercial development located in very high and high fire hazard zones, as part of the development facilitated by the state-approved Newhall Ranch Resource Management and Development Plan and Spineflower Conservation Plan within the Entrada and Valencia Commerce Center Planning Areas in the County of Los Angeles. Worked collaboratively with Dudek wildfire planners to provide fire protection planning services for the project, including preparation of an FPP, a construction fire protection plan, and a wildfire analysis in accordance with CEQA. The analysis included a review of the local fire environment, fire history, fire behavior modeling for pre- and postproject conditions, proposed fuel modification zones, and mitigation measures for the project. -153-
1 Abby Beissinger
URBAN FORESTRY ANALYST
Abby Beissinger is a plant pathologist and urban forestry analyst with 7 years’ experience implementing integrated pest management strategies in the green industry and commercial agriculture and empowering communities to make the best decisions when managing plant health issues. She has worked closely with federal and state regulatory agencies to address new issues caused by invasive pests and pathogens, and her research has influenced State Department of Agriculture crop regulations in Connecticut and Washington. Ms. Beissinger’s expertise includes developing sciencebased plant health management plans; pathogen and insect diagnostics on trees, vegetables, fruit, and ornamental crops; community engagement; and research and data analysis.
Project Experience
Community Forest Management Plan, City of San José, California. Contributing to the development of the City of San José’s Urban Forest Management Plan (UFMP), in partnership with the city. Supporting the Community Engagement, Current Status of the Urban Forest, Diversity and Inclusion, Recommendations, and Monitoring Plan chapters of the document. Collaborating with graphic designers to create a clear and concise final deliverable.
Street Tree Master Plan, City of Downey, California. Analyzed geographic information system (GIS) data and conducted fieldwork to assess all street tree planting opportunity sites throughout the City of Downey. By measuring all of the city’s public right-of-ways, identifying utility line presence, determining tree species diversity, and considering predicted changes to climatic conditions, the Street Tree Master Plan showcased maps of the city’s 16 maintenance districts, identified a comprehensive list of tree species to be planted, and showed where specifically they were needed. The Street Tree Master Plan was added as an appendix to the City of Downey’s UFMP.
UFMP, City of La Mesa, California. Supporting the development of the city’s UFMP document, with the goal of increasing City of La Mesa canopy cover and mitigating climate change impacts. Leading the analysis and interpretation of i-Tree Canopy data, inventory data, current status of the City’s urban forest, pest and pathogen management, and community engagement results. The California Department of Forestry and Fire Protection provides funding for the project; project objectives will help the City achieve the outcomes of the grant. Expected completion date of July 2021.
UFMP, City of Willits, California. Leading the development of the City of Willits’s UFMP. Tasks have included conducting interviews with city staff, analyzing inventory data, hosting community engagement presentations, and developing community surveys.
Education
Washington State
University
MS, Plant Pathology
University of WisconsinMadison
BA with distinction,
Anthropology
Awards
Innovation in Extension
Programming, University
of Connecticut College of
Agriculture, Health, and
Natural Resources
Professional Affiliations
American
Phytopathological Society
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2 UFMP, City of Rancho Cordova, California. Supporting the development of the City of Rancho Cordova’s UFMP in partnership with the city, Urban Forestry Innovations, and the Sacramento Tree Foundation. The project focuses on developing standards for new residential communities to ensure that land use planning incorporates trees into designs to create healthy tree-lined streets. Using i-Tree Analysis and an assessment of sustainability indicators, the team is working to determine Rancho Cordova’s best urban tree management scenarios.
Oak Tree and Woodland Analysis, NBC Universal, Los Angeles, California. Provided analysis and interpretation of tree assessment data for protected trees on the Universal Studios site in Hollywood. Navigated City and County of Los Angeles protected tree ordinances. Reviewed the health and safety of oak trees throughout the project site.
Invasive Shot Hole Borer Monitoring, OC Waste, San Juan Capistrano, California. Established plots in riparian areas to monitor protected trees for signs and symptoms of invasive shot hole borers. Collected samples, analyzed data, and provided management recommendations and treatment options.
Invasive Shot Hole Borer Monitoring, Rancho Mission Viejo, California. In partnership with University of California Cooperative Extension and OC Parks, monitored target host species for signs and symptoms of invasive shot hole borers, and documented if trees were responsive to chemical treatment. Provided management recommendations and GIS deliverables.
Eucalyptus Internal Decay Study, City of Irvine, California. Analyzed tree health assessment data from blue gum eucalyptus (Eucalyptus globulus) trees within the City of Irvine’s historic eucalyptus windrows. Mitigation and management recommendations were made to city staff based on levels of decay.
Eucalyptus Internal Decay Study, Park Paseo Homeowners Association, City of Irvine, California. Analyzed tree health assessment data from blue gum eucalyptus trees within the City of Irvine’s historic eucalyptus windrows, located in the city’s Park Paseo Homeowners Association. Mitigation and management recommendations were made to the homeowners association leaders based on levels of decay.
Relevant Previous Experience
Director and Plant Pathologist, University of Connecticut Plant Diagnostic Laboratory, Department of Plant Science and Landscape Architecture, Storrs, Connecticut. Directed the Plant Diagnostic Laboratory, a full-service clinic that provides plant and insect diagnostic services for more than 700 annual plant health samples throughout Connecticut and the Northeast. Coordinated the National Plant Diagnostic Network’s Connecticut First Detector Training Program. Managed all budget, grant writing and reporting, and lab staff hiring decisions. Fielded municipal tree health questions from departments of transportation, commissions, and others. Wrote hundreds of diagnostic reports, management plans, blogs, newsletters, disease alerts, and educational posts. Presented at more than 15 annual community engagement workshops, webinars, field days, and conferences. -155-
1 Madelyn Murray
ENVIRONMENTAL ANALYST
Madelyn Murray is an environmental analyst with 3 years’ experience in environmental research, grant writing, and regional planning support.
Ms. Murray provides support on numerous grant applications, plan updates, and community outreach and engagement efforts. She also helps agencies identify appropriate grant opportunities for their projects.
Project Experience
Public and Stakeholder Engagement for Master Plan Development, San Mateo County Harbor District, California. Assists in outreach and engagement tasks for Master Plan development, including the creation of social media posts, surveys, and handouts. Additional efforts include hosting pop-up events and facilitating online workshops.
On-Call Grant Writing Services, San Mateo County, California. Provides grant writing services for multiple agencies within San Mateo County. Applications have included the Proposition 68 Department of Conservation Grant for a Climate Action Plan update, Proposition 68 Recreational Trails and Greenways Grant, the Senate Bill 2 Planning Grants Application, California Office of Emergency Services Federal Emergency Management Act Hazard Mitigation Grant Program applications, and California Fire Safe Council County Coordinators Grant Opportunity.
On-Call Grant Writing Services, Midpeninsula Regional Open Space District, California. Provided ongoing grant writing services and support as well as grant and project scoping for the Midpeninsula Regional Open Space District. Maintained a project option database to connect with grant opportunities. Applications have included Proposition 68 Wildlife Conservation Board Wildlife Corridor Program Pre-Application and a Proposition 1 Round 13 State Coastal Conservancy Grant.
Sustainable Groundwater Management Act Stakeholder Communication and Engagement, Santa Ynez River Water Conservation District, Santa Ynez River Valley Groundwater Basin, California. Facilitated communication and engagement with stakeholders and members of the public for the Western Management Area and Central Management Area of the Santa Ynez River Valley Groundwater Basin. Support included preparing and facilitating consultant presentations to discuss Sustainable Groundwater Management Act processes and creation of newsletters for distribution to the public.
Sustainable Groundwater Management Act Outreach and Communication, Ojai Bain Groundwater Management Agency, California. Assisted in the implementation of the Outreach and Engagement Plan and facilitating communication with stakeholders and the public during public workshops.
On-Call Grant Writing Services, City of Encinitas, California. Providing ongoing grant writing services and support as well as project scoping for the City of Encinitas. Grant applications include State Coastal Conservancy ongoing funding and U.S. Fish and Wildlife Service ongoing funding opportunity.
Education
University of California,
Santa Barbara
BA, Environmental
Studies (Ecology
emphasis)
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2 On-Call Grant Writing Services, City of Solvang, California. Providing ongoing grant writing services and support for the City of Solvang. Grant applications include the CAL eVIP South Central Coast Incentive Project.
Grant Analysis and Plan Writing Support for Indio Transformative Climate Communities Round 3, City of Indio, California. Provided background research and wrote plan content on funding opportunities, relevant grants, and feasible projects with associated information and recommendations. Additionally, provided technical assistance on projects and funding.
Grant Analysis and Plan Writing Support for Bakersfield Transformative Climate Communities Round 3, City of Bakersfield, California. Provided background research on funding opportunities, past grants, and other requirements. Accumulated relevant data and wrote portions for the Transformative Climate Communities grant support and plan, especially pertaining to affordable housing and the municipal code.
Housing Element Update, City of Indio, California. Provided support on the City of Indio’s Housing Element update through completing a housing assessment and needs analysis pursuant to state housing law, including the analyzation of demographic, economic, infrastructure, and housing data.
Housing Element Update, City of South El Monte, California. Provided support on the City of South El Monte’s Housing Element update through completing a housing assessment and needs analysis pursuant to state housing law, including analysis of demographic, economic, infrastructure, and housing data.
Grant Writing for California Natural Resources Agency Urban Flood Protection Grant of Proposition 68, San Diego State University, San Diego, California. Researched funding opportunities for a proposed project. Provided high levels of support through gathering information, documentation, and project components in preparation of submitting an application to the California Natural Resources Agency.
Letter of Interest for Water Infrastructure Finance and Innovation Act, Marina Coast Water District, California.
Support for this loan application included data-gathering, content review, and completing a Letter of Interest.
Grant Administration for Groundwater Sustainability Plan, San Bernardino Valley Municipal Water District, Yucaipa Groundwater Basin, California. Support for this project included grant administration tasks, grant funding identification and support, and reporting to the California Department of Water Resources (DWR).
Grant Writing and Administration for Integrated Regional Water Management Disadvantaged Community Grant, Santa Barbara County Water Agency, California. Carried out administration services and research support for the Disadvantaged Community Involvement Program through the DWR Integrated Regional Water Management (IRWM) Grant. Also provided grant writing and additional support for the Santa Barbara Countywide coordination efforts for Round 1 Implementation Grants. Specific efforts involved researching and recording information on limited water-related resources in disadvantaged communities and underrepresented communities, as well as research and outreach to organizations throughout Santa Barbara County, culminating in the creation of a regionwide Needs Assessment document. Additionally, provided grant writing and support for the Santa Barbara Countywide coordination efforts.
Grant Writing for IRWM Round 1 Implementation of Proposition 1, Santa Ana Watershed Project Authority, California. Provided support to the Santa Ana Watershed Project Authority for preparation in submitting a successfully awarded application for 11 regional projects in the funding region. In addition to reviewing and coordinating the data-gathering and reporting requirements associated with each project, served as a liaison with DWR on resolving issues and questions throughout the process. Additional support included leading numerous weekly calls and attending the pre-application meeting with DWR. -157-
800.450.1818 | [email protected]
DUDEK.COM
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Tree Ordinance Update 15
Fees
Table 2 presents Dudek’s estimated project fees to complete the project as outlined in the Scope of Work.
Table 2. Project Fees
Dudek Labor Hours and Rates
Project Team Role: Specialist IV Senior Specialist III Specialist II Analyst V Analyst IV Graphic
Designer IV
Publications
Specialist l
Total Dudek
Hours
Dudek Labor
Costs
Other Direct
Costs Total Fee
Team Member: Ryan Allen Scott Eckardt Dana Link-Herrera Abby Beissinger Madelyn Murray Raoul Ranoa Publications
Specialist l
Billable Rate: $170.00 $220.00 $145.00 $120.00 $110.00 $160.00 $90.00 Task 1. Tree Ordinance(s) Analysis
1.1. Project Kickoff Meeting 6 4 10 $1,500.00 $1,500.00
1.2. Analyze Current Tree Removal Ordinance(s) 12 4 12 10 38 $5,860.00 $5,860.00
1.3. Presentation of Analysis 12 12 12 36 $5,220.00 $5,220.00 Subtotal Task 1 30 4 24 26 84 $12,580.00 $12,580.00
Task 2. Community Engagement
2.1. Community Engagement Strategy Development 8 16 8 24 40 8 104 $14,400.00 $8,625.00 $23,025.00
2.2. Listening Sessions 16 8 40 64 $8,680.00 $8,680.00
2.3. On-line Survey 4 8 8 16 36 $4,560.00 $4,560.00
Subtotal Task 2 28 32 56 40 40 8 204 $27,640.00 $8,625.00 $36,265.00 Task 3. Update to Ordinance(s) and revisions
3.1. Updates to Ordinance(s) 16 8 20 16 4 64 $9,660.00 $9,660.00
3.2. Presentation of Ordinance(s) to City Council 40 24 24 88 $13,160.00 $13,160.00 Subtotal Task 3 56 8 44 40 4 152 $22,820.00 $22,820.00
Total Hours 114 12 100 122 40 40 12 440
Total $19,380.00 $2,640.00 $14,500.00 $14,640.00 $4,400.00 $6,400.00 $1,080.00
$63,040.00 $8,625.00 $71,665.00
Percent of Hours (Base) 26% 3% 23% 28% 9% 9% 3%
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Tree Ordinance Update 14
Table 1. Project Timeline
Tasks/Subtasks Anticipated Date
Task 1. Tree Ordinance(s) Analysis
Project kickoff meeting with town staff 2/7/2022
Provide report of analysis and PowerPoint presentation for staff review 2/21/2022 Zoom meeting presentation to the Architecture and Review Board 3/7/2022 Zoom meeting presentation to the City Council 3/14/2022 Provide summary of comments and actions from each meeting 3/22/2022 Task 2. Community Engagement
Develop community engagement strategy 4/1/2022
All-day listening session with the City Manager task force 5/4/2022 On-line survey 5/2/2022
Task 3. Update to Ordinances and Revision
Draft updated ordinance for staff review (first draft) 5/30/2022 Second draft updated ordinance for staff review (second review) 6/13/2022 Staff report and PowerPoint presentation for City Council meeting for staff review 6/27/2022 Presentation to City Council on project status and ordinance updates 7/11/2022 Staff report and PowerPoint presentation for City Council meeting for staff review 7/25/2022 Presentation to City Council on project status and ordinance updates 8/8/2022 Task 4. Ordinance Implementation Support (As Needed)
Prepare training and education materials for Town staff TBD Hourly support to staff to implement the revisions TBD
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
14 NEW BUSINESS
CITY COUNCIL MEETING
FEBRUARY 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ESCRIBE SOFTWARE LTD. FOR AN AGENDA
MANAGEMENT SOFTWARE SYSTEM
SUMMARY: Since July 2007, the Town has used SIRE Technologies' (SIRE) agenda management software for preparation of City Council meeting staff reports, internal approval workflow and agenda compilation. SIRE was purchased by Hyland Technologies (Hyland) in August 2012. In April 2020, Hyland announced its decision to sunset support of the SIRE product suite effective December 31, 2021. Funds to purchase a replacement system included in the FY 2021-22 adopted budget. In November 2021, Hyland announced the SIRE sunset date had been extended to December 31, 2022.
In addition to the need to replace SIRE due to the pending sunset of product support, the technology is outdated and in need of replacement to improve efficiencies, streamline processes, and improve public access to meeting materials. In September 2021, the Town issued a Request for Proposals (RFP) for a commercial-off-the-shelf cloud-based agenda management software system including live broadcasting and audio/video recording of legislative public meetings. The Town's goal is to take advantage of a modern system designed around best practices, allowing the Town to streamline the agenda process for City Council, boards and committees by accelerating internal staff report workflows and approval processes, automating preparation and distribution of agenda materials, enabling automated meeting management, and providing the public timely, accurate and improved access to agendas, staff reports and supplemental meeting materials. In addition, the RFP included implementation of technology to stream live and archive recordings of the Town's public meetings through a user-friendly public portal.
The RFP was advertised on the Town website and sent to multiple vendors that provide agenda management software to municipal agencies in California. The Town received seven proposals.
Following a thorough review of the proposals by an evaluation team comprised of Town staff, two vendors were selected for an interview and software demonstration with the evaluation team.
Following the interviews/demonstrations, a comparison of functionality and usability and reference checks, the Town selected eSCRIBE Software LTD (eSCRIBE). The eSCRIBE system will allow for enhanced public access to meeting materials including the ability to access individual staff reports, attachments, and meeting video directly from the agenda document, the option to download PDF agenda materials, or to download the full PDF agenda packet.
In addition to the standard system features, the Town will purchase additional modules to allow for electronically submitted public comment, closed-captioning of meeting videos, and an application for Councilmembers to view and annotate the agenda packet, if desired. -161-
Agenda Staff Report - Hillsborough City Council
February 14, 2022