Agenda — Hillsborough City Council, April 11, 2022

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, APRIL 11, 2022
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
This City Council meeting will be conducted 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. The City Council, staff and members of the public may participate in the meeting virtually via Zoom Video Conference or in person at Town Hall.

Members of the public may provide public comments on a consent calendar item, any other agenda item, or on nonagenda items during the general public comment portions of the meeting. All members of the public will be limited to one comment per item or non-agenda item.

To attend the meeting in person:
1600 Floribunda Avenue, Hillsborough, CA 94010
To provide Public Comment in person:

Members of the public wishing to speak are requested to complete a yellow speaker card and submit it to the City Clerk.

To participate in the meeting via Zoom Video Conference:
• Log in to the meeting at https://us06web.zoom.us/j/86320286969?pwd=bS9RN2JBUHcrblpmNWs2NjNmNHhxQT09 • To dial-in via phone:
+1 669 900 9128 US (San Jose)
+1 346 248 7799 US (Houston)
+1 720 707 2699 US (Denver)
+1 301 715 8592 US (Washington DC)
+1 312 626 6799 US (Chicago)
+1 646 558 8656 US (New York)
Meeting ID: 863 2028 6969
Passcode: 083970
To provide Public Comment via Zoom Video Conference:
• Live verbal public comments may be made 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.

CLOSED SESSION (4:30 p.m.)

CALL TO ORDER
Agenda – Hillsborough City Council
Monday, April 11, 2022

Page 2 ends

ROLL CALL

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

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

PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Section 54956.9(d)(2) of the California Government Code: Three potential cases (see claim documents in agenda packet) B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff – One Potential Case
C. 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
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. 20CIV04592
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. 21CIV04709
F. 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

ADJOURN CLOSED SESSION
REGULAR CITY COUNCIL MEETING (6:00 pm)
I. CALL TO ORDER
Agenda – Hillsborough City Council
Monday, April 11, 2022

Page 3 ends

II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. MINUTES: March 14, 2022
VI. PRESENTATION:
• LEGISLATIVE UPDATE BY RENNE PUBLIC POLICY GROUP (RPPG) 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 participating in person are requested to complete a yellow speaker card and submit it to the City Clerk before addressing the City Council. Members of the public participating via the Zoom platform may use the “raise hand” feature or, if calling in by phone, press *9 on the telephone keypad. In response, the Town will call the speaker to the podium or 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
The Consent Calendar includes routine items, which do not require discussion. A Councilmember may remove an item for discussion, and any member of the audience may request a Councilmember to remove an item for discussion. The items are approved in one motion.

1. MONTHLY CLAIMS: MARCH 1 THROUGH MARCH 31, 2022

2. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING MARCH 31, 2022

3. QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT

4. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH HF&H CONSULTANTS, LLC FOR A WATER COST

OF SERVICE AND RATE DESIGN STUDY

5. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 22-02 FOR THE HILLSBOROUGH BEAUTIFICATION FOUNDATION'S CELEBRATE MAY! EVENT

6. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 22-03 AND

APPLICATION FOR A NEW SIGN FOR THE SOLMATEO HOME TOUR
Agenda – Hillsborough City Council
Monday, April 11, 2022

Page 4 ends

7. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 22-04 FOR THE HILLSBOROUGH SCHOOLS FOUNDATION'S 2022 FUN RUN

8. RESOLUTION APPROVING MODIFICATIONS TO THE BENEFIT PACKAGE FOR

UNREPRESENTED EMPLOYEES

9. RESOLUTION ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF A TENFOOT-WIDE STORM DRAIN EASEMENT AT 145 PINEHILL ROAD

10. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

A FUND RESERVATION AGREEMENT WITH PENINSULA CLEAN ENERGY AUTHORITY IN THE AMOUNT OF $55,000 AND AWARDING AN ELECTRIC VEHICLE CHARGING PROJECT TO CHARLES ELECTRIC IN THE AMOUNT OF $103,500.00

11. ACCEPTANCE OF THE 2021 GENERAL PLAN ANNUAL PROGRESS REPORT

12. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361
X. PUBLIC HEARING

13. ADOPTION OF AN ORDINANCE AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE HILLSBOROUGH MUNICIPAL CODE, CHAPTER 15.10 (ENERGY CODE), BY ADDING SECTION 15.10.050 (ENERGY REACH CODE) AND AMENDING BY REFERENCE THE 2019 CALIFORNIA ENERGY CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 6) AND FINDING THE ACTION TO BE

EXEMPT FROM CEQA

14. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 8.10 OF THE

HILLSBOROUGH MUNICIPAL CODE REGULATING THE USE OF DISPOSABLE

FOOD SERVICE WARE BY FOOD FACILITIES BY AMENDING BY REFERENCE CHAPTER 4.107 OF TITLE 4 OF THE SAN MATEO COUNTY CODE OF

ORDINANCES
XI. NEW BUSINESS

15. INTRODUCTION OF AN (UNCODIFIED) ORDINANCE ADOPTING A MILITARY

EQUIPMENT USE POLICY AND ADDING THE POLICY TO THE HILLSBOROUGH

POLICE DEPARTMENT POLICY MANUAL
XII. INFORMATIONAL

16. CITY MANAGER'S UPDATE
Agenda – Hillsborough City Council
Monday, April 11, 2022

Page 5 ends

XIII. 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.

XIV. 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.

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

XVI. 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.
-1-
-2-
-3-
-4-
-5-
-6-
-7-
-8-
-9-
-10-
-11-
-12-
-13-
-14-
-15-
-16-
-17-
-18-

UNAPPROVED MINUTES
MONDAY, MARCH 14, 2022
4:00 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
This 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 4:00 p.m.

ROLL CALL

Present: Chuang, Cole, May, Krolik, Royse

PUBLIC COMMENT
There were no speakers.

ANNOUNCEMENT OF CONFLICT OF INTEREST
Mayor Royse announced he would recuse himself from participation in the discussion of one of the claims in Closed Session Item A as the claimant is a friend and former business associate of his brother and he has done work with him in the past.

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

A. 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) B. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Glenn Berkheimer
Employee Organization: Unrepresented employees: Accountant, Assistant City Manager, Assistant Director of Building and Planning, Assistant Director of Finance, Assistant Engineer, Assistant Planner, Associate Civil Engineer, Associate Planner, Budget Analyst, Building Official, Chief Building Official, Chief of Police, City Clerk, City Manager, Communications Manager, Deputy Director of Public Works, Director of Building and Planning, Director of Finance, Director of Public Works-City Engineer, GIS Coordinator, GIS Technician, Human Resources Manager, Management Analyst, Management Assistant, Planning Manager, Police Captain, Police Lieutenant, Public Works Assistant Superintendent, Public Works Superintendent, Senior Accountant, Senior Civil Engineer, Senior Management Analyst, Senior Planner
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff – One Potential Case
-19-
Unapproved Minutes – Hillsborough City Council
Monday, March 14, 2022

Page 2 ends

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

ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:54 p.m.

REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Royse called the meeting to order at 6:04 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
City Attorney Christopher Diaz reported regarding Closed Session Item A, the City Council voted 4 yes with 1 recusal by Mayor Royse to reject the claim of Jimmy C. Wu, and the City Council voted unanimously, 5-0, to reject the claim of Eunice Scherer.

V. MINUTES: February 14, 2022
Mayor Royse opened public comment. There were no public comments. Mayor Royse closed public comment.

On motion of Councilmember Chuang, seconded by Councilmember May and unanimous on roll call vote, the minutes of the February 14, 2022 City Council meeting were approved.

VI. PRESENTATION
• UPDATE FROM HILLSBOROUGH POLICE DEPARTMENT ON BURGLARIES Police Chief Doug Davis and Police Captain Nelson Corteway provided an update on burglaries in the Town and responded to City Council questions.

Mayor Royse opened public comment.

Aaron Zornes provided comments regarding burglaries in his neighborhood and inquired as to the number of burglaries that have been solved, requested the return of text -20-
Unapproved Minutes – Hillsborough City Council
Monday, March 14, 2022

Page 3 ends

notification by the Police Department of recent burglaries, and suggested additional Flock-type cameras at every entrance to Hillsborough.

Larry Friedberg inquired as to the comparison of the Town’s statistics to Los Altos Hills, Portola Valley, Burlingame and San Mateo, inquired regarding hardwire alarms versus software alarms, and inquired if noise is another disincentive for potential burglars.

Patricia Kaitz Pascoe inquired as to how other cities are handling the increase in burglaries.

Joe spoke in support of the installation of additional cameras and suggested those who have been victims of burglaries get together to compare notes on the circumstances and to identify any patterns.

Margaret Ryan spoke regarding the quantity of Flock cameras in Atherton and inquired if Atherton is now burglary free.

Mike Amaroli inquired regarding the potential for working with alarm companies to alarm fences and roofs.

Karen inquired whether there is any established pattern as to when burglaries occur.

Margaret Ryan inquired as to whether farm wire is being used as a deterrent.

Patricia Kaitz Pascoe inquired if there was a forum for neighbors to get together to talk about common things they may have seen in their neighborhoods.

AJ inquired as to the responsibilities of the Hillsborough Police Department and the San Mateo County Police Department, and whether there are additional things we should be asking for from the County.

Mayor Royse closed public comment.

Chief Davis and Captain Corteway responded to questions raised during Public Comment.

VII. PUBLIC COMMENT I
Aaron Zornes stated that the recent street resurfacing looks worse than before on Barbara, Hayne and Darrell Road and inquired as to what qualifies as complete. Zornes expressed kudos to Larry Friedberg for the idea to place an Apple ID tag inside safes to track contents if stolen.

Dennis Moore inquired about the fire abatement strategy for the vegetation near Spencer Lake, inquired about a status update regarding leaf blowers, and expressed kudos to Town staff for organizing the Housing Element Advisory Committee so well.

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

IX. CONSENT CALENDAR
Mayor Royse read the titles of the Consent Calendar items.

Mayor Royse removed Item 8 from the Consent Calendar.

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

On motion of Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote, the Consent Calendar items 1, 2, 3, 4, 5, 6, 7, 9, 10 and 11 were approved. -21-
Unapproved Minutes – Hillsborough City Council
Monday, March 14, 2022

Page 4 ends

1. MONTHLY CLAIMS: FEBRUARY 1 THROUGH FEBRUARY 28, 2022 The monthly claims for the month of February 2022 in the amount of $3,344,854.36 were approved as submitted.

2. ORDINANCE AMENDING SECTION 2.04.020 OF THE HILLSBOROUGH MUNICIPAL CODE RELATING TO “STUDY MEETINGS” – ADOPTION
The ordinance entitled “Ordinance of the City Council of the Town of Hillsborough Amending Section 2.04.020 of the Hillsborough Municipal Code Relating to ‘Study meetings’” was adopted.

3. RESOLUTION APPOINTING A MEMBER TO THE CITIZEN COMMUNICATIONS ADVISORY COMMITTEE FOR A PARTIAL TERM MARCH 15, 2022 THROUGH DECEMBER 31, 2024
The resolution appointing a member to the Citizen Communications Advisory Committee for a partial term March 15, 2022 through December 31, 2024 was adopted.

4. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 22-01 FOR THE

PARCA AUXILIARY LUNCHEON AND FASHION SHOW
Fundraising Event Permit Application 22-01 for the PARCA Auxiliary Luncheon and Fashion Show was approved.

5. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 8.10 OF THE

HILLSBOROUGH MUNICIPAL CODE REGULATING THE USE OF DISPOSABLE

FOOD SERVICE WARE BY FOOD FACILITIES BY AMENDING BY REFERENCE CHAPTER 4.107 OF TITLE 4 OF THE SAN MATEO COUNTY CODE OF

ORDINANCES
The ordinance entitled “Ordinance of the City Council of the Town of Hillsborough Amending Chapter 8.10 of the Hillsborough Municipal Code Regulating the Use of Disposable Food Service Ware by Food Facilities by amending by Reference Chapter

4.107 of Title 4 of the San Mateo County Code of Ordinances” was introduced with further reading waived, and a public hearing date set for April 11, 2022 for adoption of the ordinance.

6. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER WITH CASEY CONSTRUCTION, INC. FOR THE 773 EL CERRITO AVE. STORM DRAIN REPAIR PROJECT IN THE AMOUNT OF $26,000.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $11,400.00, FOR A TOTAL PROJECT COST OF $125,400.00
The resolution authorizing the City Manager to approve the change order in the amount of $26,000.00 with Casey Construction, Inc. for the 773 El Cerrito Ave Storm Drain Repair project with a 10% contingency in the amount of $11,400.00, if needed, for a total Project budget of $125,400.00, allocating funds from the operations budget for Stormwater Master Plan Improvement Program (CIP #814.47) was adopted.

7. RESOLUTION ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF A FIVEFOOT-WIDE PUBLIC UTILITY EASEMENT AT 249 BRIDGE ROAD The resolution accepting the irrevocable offer of dedication of a five-foot-wide public utility easement at 249 Bridge Road was adopted.

8. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN AGREEMENT WITH NO-DES, INC. IN THE AMOUNT OF $26,540.00 FOR A TOTAL COST OF SERVICES IN THE AMOUNT OF $101,540.00 Public Works Director Paul Willis provided an overview of the item. -22-
Unapproved Minutes – Hillsborough City Council
Monday, March 14, 2022

Page 5 ends

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

On motion of Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote, the resolution approving and authorizing the City Manager to amend an agreement with NO-DES, Inc. in the amount of $26,540.00, for a total cost of services in the amount of $101,540.00 and allocating the additional funds from the water distribution conservation expense account was adopted.

9. RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC

WORKS VEHICLE
The resolution approving the purchase of one replacement Public Works Utility Vehicle, a Ford Ranger XLT 4WD Supercrew, from the Public Works Vehicle Capital Replacement Fund, was adopted.

10. RESOLUTION APPROVING AN AMENDMENT TO THE 2021 AMENDED AND

RESTATED WATER SUPPLY AGREEMENT BETWEEN THE CITY AND COUNTY OF

SAN FRANCISCO AND WHOLESALE CUSTOMERS IN ALAMEDA COUNTY, SAN

MATEO COUNTY, AND SANTA CLARA COUNTY
The resolution approving an amendment to the 2021 Amended and Restated Water Supply Agreement between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and authorizing the City Manager to execute the agreement when final execution copies are prepared and distributed by BAWSCA was adopted.

11. RESOLUTION APPROVING A MINIMUM PURCHASE TRANSFER FROM THE CITY

OF MOUNTAIN VIEW TO THE CITY OF EAST PALO ALTO
The resolution approving a minimum purchase transfer from the City of Mountain View to the City of East Palo Alto was adopted.

X. OLD BUSINESS

12. INTRODUCTION OF AN ORDINANCE AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE HILLSBOROUGH MUNICIPAL CODE, CHAPTER 15.10 (ENERGY CODE), BY ADDING SECTION 15.10.050 (ENERGY REACH CODE) AND AMENDING BY REFERENCE THE 2019 CALIFORNIA ENERGY CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 6) AND FINDING THE ACTION TO BE

EXEMPT FROM CEQA
Assistant Director of Building & Planning Tim Anderson provided the staff report. Blake Herrschaft, Programs Manager, Peninsula Clean Energy and City Manager Ann Ritzma provided additional information.

Councilmember Chuang and Councilmember May each disclosed that two residents contacted them to discuss the reach code.

Vice Mayor Krolik, Councilmember Cole and Mayor Royse each disclosed that they met with two residents regarding the reach code.

Mayor Royse opened public comment.

Aaron Zornes inquired whether gas fireplace inserts give off gas continuously given that they have a pilot light that is on all the time.

John Luongo inquired regarding direction at the last City Council meeting to further explore other appliances to be added and brought back to the City Council at the March meeting, inquired regarding the definition of new construction as it relates to the ordinance, stated his support for Option 2 but preference to get to all-electric as soon as possible, and stated in response to a prior speaker that he believes gas inserts have the same issue as gas stoves in terms of release of toxins. -23-
Unapproved Minutes – Hillsborough City Council
Monday, March 14, 2022

Page 6 ends

Mike Swire requested the City Council reconsider their February action to select the most lenient option presented citing concerns that the Town will be behind other cities that have already moved to all-electric and encouraged the City Council to do more than the minimum and move to 100 percent all-electric.

Kathy Battat referenced the minutes of the February 14, 2022 City Council meeting and stated her comments were in support of Option 2, not Option 1, and going beyond. Battat stated would like to see all-electric reach codes following the leadership of many other Bay Area communities, citing concerns with the health effects of gas and impacts on climate change.

Dennis Moore stated none of his neighbors support going with all-electric. Moore stated that new gas stoves do not have the issues with leakage and pilot lights that have been cited, and a large fraction of wildfires were caused by electric transmission, and stated gas emissions from cooking, water heating and home heating is a tiny fraction of the emissions in our community. Moore encouraged following what the State does.

Raayan Mohtashemi spoke in support of the most stringent option that can be implemented today and encouraged the City Council to go further to require all-electric for new construction and remodels for all appliances to address climate change as effectively and quickly as possible.

Gus Benz presented a PowerPoint slide and stated the objectives of the reach code cannot be met and will result in decreased overall energy efficiency, almost double the greenhouse gas emissions within California or adjacent states, and more than triple the energy costs for heating Hillsborough homes. Benz stated the reach code does not consider that the added electric power used by new electric appliances will primarily be generated from natural gas power plants in California and adjacent states, and the added power is generated at low efficiency and with very high greenhouse gas emissions as direct combustion. Benz stated PG&E’s high rates on electric power will increase the homeowner’s energy cost over three times and broad application of this reach code will increase overall GHG emissions in California, and questions that the reach code can avoid CEQA requirements.

Mayor Royse closed public comment.

Gus Benz responded to City Council questions.

Blake Herrschaft, Programs Manager, Peninsula Clean Energy responded to City Council questions.

On motion of Councilmember May, seconded by Vice Mayor Krolik and unanimous on roll call vote, the ordinance entitled “An Ordinance of the City Council of the Town of Hillsborough Amending Title 15 (Buildings and Construction) of the Hillsborough Municipal Code, Chapter 15.10 (Energy Code), by Adding Section 15.10.050 (Energy Reach Code) and Amending by Reference the 2019 California Energy Code (California Code of Regulations, Title 24, Part 6) and Finding the Action to be Exempt from CEQA” was introduced with further reading waived, and a public hearing date set for April 11, 2022 for adoption of the ordinance.

13. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 AND ASSEMBLY BILL 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS,

RECEIVE A REPORT FROM STAFF ON MOVING TO HYBRID MEETINGS AND

PROVIDE DIRECTION TO STAFF
City Attorney Christopher Diaz and City Manager Ann Ritzma provided the staff report.

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

On motion of Councilmember Chuang, seconded my Councilmember Cole and unanimous on roll call vote, a motion to reconfirm the findings and determinations made in Resolution No. 21-87, pursuant to Assembly Bill 361, for the continuation of virtual -24-
Unapproved Minutes – Hillsborough City Council
Monday, March 14, 2022

Page 7 ends

meetings was approved with direction provided to staff to move to a hybrid meeting approach as presented by the City Manager, with the first pilot hybrid City Council meeting on April 11 in which members of the public can attend the meeting in person and online via Zoom; following the pilot hybrid City Council meeting, Town Hall would open to community meetings in Council Chambers for in-person meetings; April 12 through May 4 pilot hybrid board and committee meetings would begin, and by the month of May, all Brown Act boards and committees would move to hybrid meetings.

Councilmember Cole left the meeting at 9:18 p.m.

XI. INFORMATIONAL

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

XII. PUBLIC COMMENT II
There were no speakers.

XIII. CITY COUNCIL ITEMS
Vice Mayor Krolik reported her attendance at the second meeting of the Housing Element Advisory Committee.

Mayor Royse commended Town staff and the City Council for a successful City Council Goals Meeting held February 16, 2022, reported his attendance at a meeting of the SBWMA Board retreat, announced an upcoming meeting of a subcommittee of the National Federal Aviation Committee to take testimony on airplane noise, reported the SFO Airport/Community Roundtable would be submitting comments, and reported he joined a Mayor’s Mental Health Initiative with other Mayors in San Mateo County.

XIV. MAYOR'S APPLAUSE
Mayor Royse recognized Kathleen Wentworth who recently retired as Deputy District Director to Congresswoman Jackie Speier on March 4, 2022. Kathleen Wentworth provided brief comments. Vice Mayor Krolik provided comments.

XV. ADJOURNMENT
Mayor Royse adjourned the meeting at 9:31 p.m. with thoughts and prayers for the people of Ukraine and those impacted by the tragic war.
-25-

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: MARCH 1 THROUGH MARCH 31, 2022 SUMMARY: The monthly claims for the month of March 2022 in the amount of $5,018,216.40 are submitted for approval.

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

ATTACHMENTS: Monthly Claims Listing
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the monthly claims for March 2022 as submitted. -27-
DocuSign Envelope ID: 3E5A907E-F6B4-4327-9127-8CA6A4F33BCE -28-
DocuSign Envelope ID: 3E5A907E-F6B4-4327-9127-8CA6A4F33BCE 4/4/2022
-29-
DocuSign Envelope ID: 3E5A907E-F6B4-4327-9127-8CA6A4F33BCE -30-
DocuSign Envelope ID: 3E5A907E-F6B4-4327-9127-8CA6A4F33BCE -31-
DocuSign Envelope ID: 3E5A907E-F6B4-4327-9127-8CA6A4F33BCE -32-
DocuSign Envelope ID: 3E5A907E-F6B4-4327-9127-8CA6A4F33BCE -33-
DocuSign Envelope ID: 3E5A907E-F6B4-4327-9127-8CA6A4F33BCE -34-
DocuSign Envelope ID: 3E5A907E-F6B4-4327-9127-8CA6A4F33BCE -35-

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING MARCH 31, 2022
SUMMARY: Government Code Section 5364(b) requires that the Quarterly Investment Report be rendered to the City Council during public session within 30 days of the quarter's end.

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

ATTACHMENTS: Quarterly Treasurer's Report
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the Treasurer's Report for the quarter ending March 31, 2022. -37-
Town of Hillsborough
Report on Cash and lnvestments Held As of Quarter Ended March 31,2022
E!cg!
Sec 115 B€netil Trust Company
Cash on Hand
US Bank Custodial Accouni
SuEtotal

INVESTMENTS
ee4
70,526.018 45
5,725,423 A2
8 300.00
4 856,203.50
155,044 74
ec!-Yc!g
70,526,01a.45

5.725,623.62
8,300.00
4,856.203.50
155,044 74
lsltclllcLug
70,345,409.74

5.725 A23 62
8 300.00
4 856,203.50
155.O44 74
].ype 9!!9 &le uc$!E Eslg Y!e!! Sgcrgg
o 2TAO'k

1.9000% 3

0.01000/6
0 0000%
3 81 271 190.31 81 090.581.64
Ma et Value
81 271,190.31
Uniied
10t?9t2020
10t2912020
6t1112021
10t1t2021
6t1112021
4h712017
d1112421
4116t201A
311412022
3^4t2022
511512023
10115t2023
3t1512024
9t30t2025
aB1no24
3t31t202?
Tt3'12024
v3112023
1131t2027
12t31t2426
410
563
715
1279
884
0 853
365
1767
1736
199,937 50
199,612 50
200,250.00
196,062.50
206,000.00
[email protected] 38
211,562.50
413,962.50
194,625 00
192,500.00

0.1300%

0.1300%
0 2600%

0.2600%

1.2600rk

1.7500%
2 1000%
2 46004

2.OA27ak

2.O76A./.
200 000.00
200,000.00
200 000 00
200,000.00
200,000.00
210 [email protected]
200,000 00
415,000.00
200,[email protected]
200,000.00
197 462.@
195 968.00
194,992.00
189 828.00
198 390.00
210,270.90
202 704 00
420,980.15
194,625.00
192 [email protected]
3 3
3 3
3 3
3 3
3 3
BMW BK NORTH AI\,4ER SALT LAKE

CAPITAL ONE NK USA NATL ASSN

ENERAANK USA UT

EVERBANK JACKSONVILLE
HOR1ZON BK NATL ASSN IND
UAS BK USA SALT LAKE CIry
NCD
NCD
NCD
NCO
NCD
NCD
6114t2021
4t2612017
4tTt201A
412at2011
5t4t2A1A
6t16t2021
6t1AQ024
4t26t2022
4n412023
4t242022
5t112023
6t16t2022
250000.00
250,00000
250,000 00
250,000 00
250,000.00
200,000 00
250,000.00
250,000.00
250.00000
250,00000
250,000.00
200.000.00

0.3100%

2.3r'OO%

2.4900%

2.1400%
2 8800%
0 1000%
810
393
2A
399
77 242,53o.00
250,850.00
255,537.50
250.797.50
255,597.50
199.858.00
3 3
3 3
3 3
SulToral

GRAND TOTALS
3 674 646.88 3,675 000.00 3 652.890 55
$84 945 19$ 84,946,190.31 $ A4,743,47219

LEGENDS TYPE OF INVESTMENTS
LocalAgenq lnveslment Fund (State ofCA)
Safl lvlaleo Counly Pool
Time Cedincato of Deposit
Negotiable Certilicale of Deposil
Treasury Bill
yA!.uA!9!-s9UESE
LAIF Qlarterly Performance Reporl
S[,4CP repo(
Cusrodian Bank-rlrust starement
Brcke/Dealer market informalion
Olher Sources Newspape.. other
SMCP
MMF
BA
CP
TCD
NCD
TB
TN
1 2
3 5
6 All funds are invested in accordance with the Town of Hillsborough's lnvestmeflt Policy as approved by lhe City Council Suffcient funds are available to meet lhe Town's expenditures for a six-month penod. This report rs prepared pursuant to Government Code Section 53646. >n4M.,.," 4lAl'^>-'-'
Date
TN
TN
TN
TN
TN
TN
TN
TN
TN
TN
Jan Cooke. Finance Director l)
-38-

TOWN OF HILLSBOROUGH

INVESTMENT RECAP
For Quarter Ending March 31,2022
RECAP
LAIF
TCD
NCD
TB
TN
CP
BA
CA
CUS
COH
CA
CUS
coH
4,856,203.50
155,044.74
8,300.00
5 ,725 ,623.62
214
15,738
Local Agency lnvestment Fund
Time Certificate of Deposit
Negoliable Certificate of Deposil
Treasury Bills
Treasury Noles
Commercial Paper
Bankels Acceplances
Checking/Sweep Account
Custodian Accounl
Cash on Hand
Section 115 Trust
Sub-lotal
Truslee Bond Funds
Bond Funds - lnvestments
Total
Nraturity of 2 years and under
Section 115 Trust
Checking/Sweep Account
Custodian Account
Cash on Hand
Sub{olal
N4atu.ity from 2-5 years
Subtolal - Town Funds
Bond Funds
Trustee - Bond Funds
TolalPortfolio
% to Total TOH Restriction
lnvestmenl lncome
3rd Quartsf Year To Dats
s 70 526,018.45 None
None
None
None
None
None
None
None
122189
1,450,000.00 18,767

2.224 ,646 .88

83.0%

0.00/o

1.7ya
o.o%

2.6%

0.00/.

5.70/o

0.20k

0.0%

6.70/
49,016
4,329
3,582 15,363
284,0s3
676
None
None
8{,945,837.19 1004/.
$ 84.S45,837.19 72,879 441,048
72,749,665.33
5,725 ,623 .62
4,856,203.50
155,044.74
8,300.00

85.60/o

6.70/

5.7y

0.0%
83,494.837.19 9A.10k
1,451,000.00 1.70/d
84 $ 84,945,837.19
19 1000/0

TOTAL INVESTMENTS

CASH/CHECKING/MMA

TRUSTEE BOND FUNDS
79,926,288.95
5,019 548 24
'Estimate
$
84,945,837.19
Purchase Price
-39-

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT SUMMARY: Pursuant to Government Code Section 5922(a) and the Town’s Interest Rate Mitigation Policy, the quarterly report providing the status of all interest rate products is provided to the City Council for the quarter ended March 31, 2022.

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

ATTACHMENTS: Interest Rate Products Report for Quarter Ended March 31, 2022 PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Accept the Interest Rate Products Report for the quarter ended March 31, 2022.
-41-
Information furnished by: JP Morgan
New York Client Valuations Tel. No. 302-634-1940
Client [email protected]
Maturity Date 6/1/2007 6/3/2030 6/1/2033 6/1/2035
Trade Date 5/10/2000 8/13/2003 8/13/2003 12/27/2005
Deal ID No. 50000438915 85002621 85002622 20008650/2180955 Notional USD 4,900,000 9,700,000 15,000,000 12,000,000
Current Notional USD N/A 4,600,000 8,300,000 7,730,000
Fixed Amounts (Town):

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

Floating Rate Option Actual Rate (see USD-Floating TBMA- USD-Floating TBMA- USD-LIBOR agreement for more BMA Muni Swap BMA Muni Swap
details) Index Index
Knockout Rate for 7% preceding 180-day 7% preceding 180-day Early Termination period (see agreement period (see agreement for details) for details)
Valuation
Date Total Date Moody's S&P Fitch
9/30/2008 (419,484) (722,615) (550,003) (1,692,102) 10/1/2008 P-1/Aa2 A-1+/AA- F1+/AA-/A+ 12/31/2008 (1,183,644) (2,049,897) (2,444,540) (5,678,081) 1/5/2009 P-1/Aa2 A-1/A+ F1+/AA-/A+ 3/31/2009 (1,149,701) (1,945,955) (2,032,780) (5,128,436) 4/1/2009 P-1/Aa1 A-1+/AA- F1+/AA6/30/2009 (842,134) (1,415,086) (1,104,413) (3,361,633) 7/1/2009 P-1/Aa1 A-1+/AA- F1+/AA9/30/2009 (1,099,229) (1,849,746) (1,346,383) (4,295,358) 10/1/2009 P-1/Aa1 A-1+/AA- F1+/AA12/31/2009 (865,603) (1,451,874) (816,530) (3,134,007) 1/4/2010 P-1/Aa1 A-1+/AA- F1+/AA3/31/2010 (851,408) (1,418,171) (897,357) (3,166,936) 4/1/2010 P-1/Aa1 A-1+/AA- F1+/AA6/30/2010 (1,136,987) (1,922,354) (1,634,350) (4,693,691) 7/1/2010 P-1/Aa1 A-1+/AA- F1+/AA9/30/2010 (1,366,509) (2,331,232) (2,043,047) (5,740,788) 10/4/2010 P-1/Aa1 A-1+/AA- F1+/AA12/31/2010 (974,369) (1,639,800) (1,243,449) (3,857,618) 1/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 3/31/2011 (868,872) (1,468,293) (1,076,946) (3,414,111) 3/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 6/30/2011 (974,847) (1,643,846) (1,285,908) (3,904,602) 7/5/2011 P-1/Aa1 A-1+/AA- F1+/AA 9/30/2011 (1,499,284) (2,636,285) (2,482,117) (6,617,686) 10/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 12/31/2011 (1,533,381) (2,709,039) (2,558,456) (6,800,876) 1/3/2012 P-1/Aa1 A-1/A+ F1+/AA 3/30/2012 (1,401,115) (2,431,019) (2,192,178) (6,024,312) 4/2/2012 P-1/Aa1 A-1/A+ F1+/AA6/29/2012 (1,617,993) (2,847,926) (2,680,723) (7,146,642) 7/2/2012 P-1/Aa3 A-1/A+ F1+/A+ 9/28/2012 (1,641,638) (2,875,433) (2,638,688) (7,155,759) 10/1/2012 P-1/Aa3 A-1/A+ F1/AA12/31/2012 (1,560,712) (2,722,942) (2,485,853) (6,769,507) 1/2/2013 P-1/Aa3 A-1/A+ F1/AA3/31/2013 (1,441,801) (2,506,027) (2,241,870) (6,189,698) 4/1/2013 P-1/Aa3 A-1/A+ F1/AA6/28/2013 (1,130,119) (1,943,435) (1,713,673) (4,787,227) 7/1/2013 P-1/Aa3 A-1/A+ F1/A+ 9/30/2013 (1,115,945) (1,920,828) (1,590,210) (4,626,983) 10/1/2013 P-1/Aa3 A-1/A+ F1/A+ 12/31/2013 (998,553) (1,708,818) (1,347,641) (4,055,012) 1/6/2014 P-1/Aa3 A-1/A+ F1/A+ 3/31/2014 (1,038,033) (1,810,668) (1,542,884) (4,391,585) 4/1/2014 P-1/Aa3 A-1/A+ F1/A+ 6/30/2014 (1,088,865) (1,918,485) (1,713,422) (4,720,772) 7/1/2014 P-1/Aa3 A-1/A+ F1/A+ 9/30/2014 (1,055,693) (1,889,773) (1,715,618) (4,661,084) 10/6/2014 P-1/Aa3 A-1/A+ F1/A+ 12/31/2014 (1,192,349) (2,188,502) (2,020,105) (5,400,956) 1/5/2014 P-1/Aa3 A-1/A+ F1/A+ 3/31/2015 (1,293,713) (2,406,256) (2,214,513) (5,914,482) 4/2/2015 P-1/Aa3 A-1/A+ F1/A+ 6/30/2015 (1,141,959) (2,082,368) (1,863,238) (5,087,565) 7/1/2015 P-2/A3 A-1/A F1/A+ 9/30/2015 (1,273,319) (2,358,476) (2,118,522) (5,750,317) 10/1/2015 P-2/A3 A-1/A F1/A+ 12/31/2015 (1,186,503) (2,219,563) (1,980,147) (5,386,214) 1/4/2016 P-2/A3 A-2/A- F1/A+ 3/312016 (1,405,646) (2,653,147) (2,341,019) (6,399,812) 4/1/2016 P-2/A3 A-2/A- F1/A+ 6/30/2016 (1,379,543) (2,660,832) (2,487,101) (6,527,477) 7/5/2016 P-2/A3 A-2/A- F1/A+ 9/30/2016 (1,286,228) (2,527,200) (2,410,562) (6,223,990) 10/3/2016 P-2/A3 A-2/A- F1/A+ 12/31/2016 (930,745) (1,806,589) (1,725,426) (4,462,760) 1/3/2017 P-2/A3 A-2/A- F1/A+ 3/31/2017 (865,259) (1,690,939) (1,644,055) (4,200,253) 4/3/2017 P-2/A3 A-2/A- F1/A+ 6/30/2017 (891,617) (1,757,121) (1,671,834) (4,320,571) 7/3/2017 P-2/A3 A-2/A- F1/A+ 9/30/2017 (860,037) (1,809,408) (1,659,192) (4,328,637) 10/2/2017 P-2/A3 A-2/A- F1/A+ 12/31/2017 (778,522) (1,567,891) (1,527,751) (3,874,165) 1/3/2018 P-2/A3 A-2/A- F1/A+ Present Value (USD)
JPMCB Credit Rating
Town of Hillsborough
Interest Rate Products Report
Quarter Ending March 31, 2022

COUNTERPARTY'S INFORMATION
-42-
Maturity Date 6/1/2007 6/3/2030 6/1/2033 6/1/2035
Trade Date 5/10/2000 8/13/2003 8/13/2003 12/27/2005
Deal ID No. 50000438915 85002621 85002622 20008650/2180955 Notional USD 4,900,000 9,700,000 15,000,000 12,000,000
Current Notional USD N/A 4,600,000 8,300,000 7,730,000
Fixed Amounts (Town):

COUNTERPARTY'S INFORMATION
3/31/2018 (633,638) (1,286,851) (1,278,149) (3,198,638) 3/30/2018 P-2/A3 A-2/A- F1/A+ 6/30/2018 (595,088) (1,216,696) (1,163,294) (2,975,078) 7/2/2018 P-2/A3 A-2/A- F1+/AA9/30/2018 (534,733) (1,097,489) (1,043,198) (2,675,421) 12/2/2018 P-1/Aa2 A-1/A+ F1+/AA 12/31/2018 (625,075) (1,288,104) (1,221,955) (3,135,134) 1/2/2019 P-1/Aa2 A-1/A+ F1+/AA 3/31/2019 (677,905) (1,411,321) (1,351,819) (3,441,045) 4/2/2019 P-1/Aa2 A-1/A+ F1+/AA6/30/2019 (786,325) (1,650,809) (1,572,150) (4,009,284) 6/24/2019 P-1/Aa2 A-1/A+ F1+/AA 9/30/2019 (822,552) (1,771,411) (1,756,193) (4,350,156) 10/1/2019 P-1/Aa2 A-1/A+ F1+/AA 12/31/2019 (736,930) (1,578,670) (1,544,468) (3,860,067) 1/3/2020 P-1/Aa2 A-1/A+ F1+/AA 3/31/2020 (949,787) (2,103,166) (2,137,806) (5,190,759) 4/1/2020 P-1/Aa2 A-1/A+ F1+/AA 6/30/2020 (972,119) (2,149,787) (2,150,373) (5,272,279) 7/1/2020 P-1/Aa2 A-1/A+ F1+/AA 9/30/2020 (927,793) (2,058,093) (2,060,692) (5,046,578) 10/1/2020 P-1/Aa2 A-1/A+ F1+/AA 12/31/2020 (859,895) (1,903,968) (1,897,991) (4,661,854) 1/4/2021 P-1/Aa2 A-1/A+ F1+/AA 3/31/2021 (715,854) (1,549,271) (1,495,600) (3,760,725) 4/2/2021 P-1/Aa2 A-1/A+ F1+/AA 6/30/2021 (714,358) (1,607,392) (1,586,446) (3,908,196) 7/5/2021 P-1/Aa2 A-1/A+ F1+/AA 9/30/2021 (665,758) (1,506,012) (1,516,300) (3,688,070) 10/4/2021 P-1/Aa2 A-1/A+ F1+/AA 12/31/2021 (576,756) (1,339,484) (1,414,612) (3,330,851) 1/3/2022 P-1/Aa2 A-1/A+ F1+/AA 3/31/2022 (345,989) (839,384) (1,005,851) (2,191,225) 4/4/2022 P-1/Aa3 A-1/A+ F1+/AA Valuations set forth herein are numerically expressed in accordance with the following convention: a positive value indicates that JPMorgan is out-of-the-money, which means that if the relevant transactions were to be terminated at the valuations set forth herein, there would be a payment from JPMorgan to Town; likewise a negative value indicates that Town is out-of-the-money, which means if the relevant transactions were to be terminated, there would be a payment from Town to JPMorgan. -43-

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

CITY COUNCIL MEETING
APRIL 11, 2022

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

EXECUTE AN AGREEMENT WITH HF&H CONSULTANTS, LLC FOR A WATER COST OF

SERVICE AND RATE DESIGN STUDY
SUMMARY: The Town of Hillsborough is conducting a water cost of service and rate design study that will determine the revenue and rate requirements that will adequately fund the water enterprise system for up to the next five years.

The study will provide financial projections and rate recommendations that include an evaluation of the revenue required to meet operating and capital needs and cover debt service and reserves.

The Town conducted a Request for Proposals (RFP) from rate consultants. Four firms responded to the RFP and their responses were evaluated through a review of the documents and an interview process. Staff is recommending HF&H Consultants, LLC due to the firm's understanding of the Town’s needs for the study. The firm has a breadth of experience in Proposition 218 technical issues throughout the State and with other communities that will be helpful in evaluating all aspects of the rate setting process for the community. The timing of the rate setting process will be formulated during the early stages of the project and is targeted to be in place by early January 2023.

FISCAL IMPACT: The contract is paid on an hourly basis and the estimate for the work is $54,650.

Any change in scope of work will be brought forward by the consultants for approval. The FY 2022- 23 proposed budget will include the cost in the proposed budget for City Council review.

ATTACHMENTS:

1. Resolution

2. Professional Services Agreement
PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement with HF&H Consultants, LLC for a water cost of service and rate design study.
-45-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH HF&H CONSULTANTS, LLC FOR A WATER COST OF

SERVICE AND RATE DESIGN STUDY
WHEREAS, the Town of Hillsborough (“Town”) sets customer rates for water services; and
WHEREAS, the Town will be conducting a water cost of service and rate design study to determine the rate requirements to cover the cost of the system; and WHEREAS, on February 23, 2022, the Town issued a formal Request for Proposals (RFP) for a consulting firm to prepare the cost of service and rate design study; and
WHEREAS, in response to the Town’s issuance of the RFP, four consulting firms responded; and
WHEREAS, HF&H Consultants, LLC was determined to possess the expertise necessary to conduct the cost of service study for the Town.

NOW THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an agreement with HF&H Consultants, LLC.
_____
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 11th day of April 2022, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
-47-
ATTACHMENT 1
1 61236.01300\30266390.1

TOWN OF HILLSBOROUGH

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of April 11, 2022 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 HF&H Consultants, LLC., a limited liability corporation, its principal place of business at 590 Ygnacio Valley Road, Suite 105, Walnut Creek, California 94596 (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: Water Cost of Service and Rate Design Study (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 $ 54,650. 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 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 -48-
ATTACHMENT 2
2 61236.01300\30266390.1
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 as set forth in Exhibit C.

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
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
-49-
3 61236.01300\30266390.1
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
(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
-50-
4 61236.01300\30266390.1
(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 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 -51-
5 61236.01300\30266390.1
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.
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 -52-
6 61236.01300\30266390.1
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
(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.
-53-
7 61236.01300\30266390.1
(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 reasonably approved by the Town), indemnify and hold the Town, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident to any alleged 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 consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its officials, officers, employees, agents or volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel of Town’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the Town, its officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Town, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse Town for the cost of any settlement paid by the Town, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the Town's attorney's fees and -54-
8 61236.01300\30266390.1
costs, including expert witness fees. Consultant shall reimburse the Town, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its officials, officers, employees, agents and volunteers.

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. 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, if applicable.

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, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
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. This Project 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.

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.

15. Laws and Venue.

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.
16 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 -55-
9 61236.01300\30266390.1
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.
17 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.

18. Organization
Consultant shall assign Rick Simonson as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the Town.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. 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
Attn: Ann Ritzma, City Manager
CONSULTANT:

HF&H Consultants, LLC.
590 Ygnacio Valley Road, Suite 105
Walnut Creek, CA 94596
Attn: Rick Simonson, Senior Vice President
and shall be effective upon receipt thereof.

21. 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.
-56-
10 61236.01300\30266390.1

22. 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.

23. 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.

24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

25. 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.

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

27. Time of Essence
Time is of the essence for each and every provision of this Agreement.

28. 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.

29. 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 -57-
11 61236.01300\30266390.1
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]
-58-
12 61236.01300\30266390.1

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF HILLSBOROUGH
AND HF&H CONSULTANTS, LLC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF HILLSBOROUGH HF&H CONSULTANTS, LLC.

By: By:

Ann Ritzma
City Manager Its: Senior Vice President
Printed Name: Rick Simonson
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
-59-
13 61236.01300\30266390.1
Exhibit A Scope of Work
The following workplan will provide the Town with five-year financial models for its water enterprise. The financial models include a five-year revenue requirement model, which will be used for setting rates now and can also be used by the Town for future sensitivity analyses and rate increases.

The following tasks will be performed as part of the scope of services for the water rate study.

TASK 1. PROJECT INITIATION
We will conduct an in-person project initiation meeting with Town staff to engage all key staff in the project, to evaluate relevant fiscal policies and community interests, to identify current issues and concerns (financial and operational), to discuss project scope and timing, to identify potential alternatives, and to request and compile all data that will be required. HF&H will provide a data request list ahead of this meeting for purposes of discussion during the kickoff.

We will facilitate a virtual kick-off meeting with key Town staff. The meeting will introduce the participants (Town and HF&H) and identify their project roles and expectations. Meeting topics will include: (1) discussions evaluating relevant fiscal policies and community interests; (2) identifying current issues and concerns (financial and operational); (3) discussing project scope, timing, and deliverables; and (4) requesting and compiling all relevant and required data. HF&H will provide a data request list ahead of this meeting for the purpose of discussion during the kick-off meeting.

These discussions will be summarized in meeting notes that will also list the data requirements and the Town staff responsible for providing the data.

Deliverables:
• Kick-off call with Town staff.
• Data request.

TASK 2. DEVELOP FINANCIAL PLAN MODEL
We will prepare the five-year financial planning model to project O&M and capital expenses, operating and non-operating revenue, debt service, and reserve fund balances. Expenses shall be based on the Town’s most-recent budget, capital improvement program, and inflationary factors for the later years. Using the financial planning model, we will evaluate the impacts of funding capital projects from a combination of sources including rate revenue, capacity fees, reserves, and the potential issuance of additional long-term debt.

The revenue requirement projections will indicate the future revenue increases that will be needed to fund the annual revenue requirements. Any change in expenses will flow through the model as across-the-board, equal percentage rate increases on the existing rate structure over the five-year planning period. However, the model will also preserve the ability to adjust -60-
14 61236.01300\30266390.1
consumption to determine the impact of changes in the cost of service on rates. In this way, revenue increases may be different for each class (i.e., residential versus non-residential) if their consumption patterns have changed.

In preparing the financial models, we approach each element as follows:
• Expenses. We rely on the Town’s budget and other reports familiar to the Town as much as possible, so that our model is easy for the Town to follow and update in future years. We utilize the Town’s chart of accounts, not some predetermined format from other studies. We calculate operating expenses whenever possible, based on the underlying unit costs and purchased commodities (e.g., power, chemicals, imported water). • Revenues. We calculate and project rate revenue based on the current rate structure and projected growth in units of service (e.g., hundred cubic feet of demand and accounts). This is more accurate than simply extrapolating total revenues (which is a common, albeit less accurate, practice) and provides a good crosscheck on the Town’s numbers. • Reserves. Projecting reserve balances is an extremely important component of rate analysis.

We will review the water enterprise’s current reserves to determine the types of reserves (e.g., operating, capital, stabilization) and recommend minimum and target balances for each.

We will update reserve level rules for modeling the rate increases, which will either reflect current policies or new policies that can be adopted as either informal or formal policies where none currently exist.
• Capital Improvement Projects (CIP). The model we will develop for the Town will enable the Town to readily change its CIP project by project, changing funding sources and construction timing to find the optimum blend. It includes cash flow projections that provide for the upfront funding required for SRF loans.

HF&H will utilize the template of the previous water rate study model and update it to reflect new information. Any variances between water and wastewater enterprises will be shown in separate models.

During the model expansion, we will work closely with Town staff in reviewing interim work products to ensure that we provide the functionality that is needed for setting new rates now and for the Town’s subsequent use. Our models are provided as work products in an editable Excelbased format, without additional licensing costs or other proprietary restrictions.

Deliverables:
• Five-year financial planning model.
• One (1) meeting with Town staff.

TASK 3. COST-OF-SERVICE ANALYSIS
The first year of the financial plans will be used for the cost-of-service analysis, in which the overall revenue requirements are distributed among the residential and non-residential customer classes. The cost-of-service analysis will be tailor-made to conform to the rate structures that are -61-
15 61236.01300\30266390.1
identified for each customer class. The calculations will show the derivation of the unit costs of service, which are applied to all customers’ units of service to determine each class’ share of the overall revenue requirement.

The cost-of-service analyses are dependent on the rate structure for which rates are designed.

Prior to preparing the cost-of-service analyses, we will present alternatives for the Town’s consideration. For example, actual demand patterns may lead us to recommend less tiers than the Town’s current four tiers. In the previous rate study, actual demand patterns dictated reducing from five to four tiers. It is possible that with sufficient changes to residential demand patterns further consolidation of tiers may be required. In presenting these alternatives, we will determine whether the Town’s customer billing system has the ability to charge the rates. We do not want to pursue alternative rate structures before we know that they can be implemented by the Town.

We will be careful to show how the results of the cost-of-service analysis compare with the revenue that is generated by current rates. This is an important step in explaining how the rates are changing. By the end of the rate calculations, we will clearly indicate (1) how much the overall revenue requirement changes; (2) how much the cost-of-service changes for each customer class; (3) how much the rates change for each customer class; and (4) how much customer bills change for representative customers. Our explanation will greatly aid in understanding why customers’ bills increase more or less than the overall increase in revenue requirements.

The cost-of-service analysis will clearly indicate how the revenue requirement is apportioned among the customer classes, which is a requirement under Proposition 218 in meeting the burden of proof. The cost-of-service analyses will allocate the revenue requirements between the fixed and volumetric charges, as well as among the various customer classes. We will work closely with Town staff to develop allocation factors based on consumption data for each class. The result will be compared with the revenue from current charges to determine the difference and the transitional strategy that may be needed to align the updated rates with the cost-of-service without causing rate shock or hardships for any class. The cost-of-service analysis will be integrated into the revenue requirements for setting rates at this time. Once the rates are set, the cost-of-service analysis will not be needed in future years unless the rate structures are modified.

Our water cost-of-service analysis will adhere to the base/extra-capacity methodology promulgated in the American Water Works Association’s M1 Manual. This approach can be used for allocating revenue requirements to customer classes and for designing tiered rates that are cost-based across the full range of consumption. This approach is highly defensible and appropriate for the Town. As stated previously, we expect changes in water consumption since the previous rate study will necessitate changes to the existing tiered rates and rates assigned to customer classes.

Deliverables:
• Cost of service analysis integrated into the revised five-year financial model. • Customer impact analysis integrated into the five-year financial model. • One (1) meeting with Town staff.
-62-
16 61236.01300\30266390.1
TASK 4. RATE DESIGN
The process of designing rates is one in which the Town’s current rates are compared with the proposed alternative that is identified during the cost-of-service analysis. Again, our approach is very methodical to ensure that the proposed alternative meets all of the Town’s rate-making objectives.

Our rate structure recommendations will consider current and future operations and maintenance costs, projected customer demand patterns, water supply, and capital improvement requirements.

Our rate designs are presented so that the bill impacts are easily understood by staff, elected officials, and, most importantly, rate payers. We will compare rate structure alternatives with the current rate structure and with comparable agencies’ rate structures. In this case, comparable agencies will include entities that provide water and/or sewer services in San Mateo and Santa Clara Counties. We use tabular and graphical techniques to clearly communicate the differences.

Revenue stability can be improved by balancing the revenue from fixed service charges and variable rates. We typically try to balance the fixed costs with revenue from fixed charges, which includes not only the revenue from service charges, but also revenue from variable charges associated with non-seasonal water demand. If the combination of revenue from fixed service and variable charges is lower than the fixed costs, revenue instability can occur. Conversely, if the revenue from fixed charges exceeds the fixed costs, customer bills lose their conservation signal (i.e., bills do not respond to changes in water use).

Our analysis will also include updating of the current Revenue Stabilization factors. Future considerations of account growth, mandated consumption reduction, and voluntary consumption reduction will be used to adjust current rates. The end goal will be the same: ensure these revenue stabilization factors are sufficient to offset the amount of revenue shortfall caused by conservation during mandated water shortages.

Deliverables:
• Five-year rate projections integrated into the five-year financial planning rate model. • One (1) meeting with Town staff.
• Neighboring agency customer bill comparison integrated into the five-year financial model. • Updated Revenue Stabilization factors.

TASK 5. COMMUNICATE RESULTS
The analysis will be documented in a concise report that will include the spreadsheet models for the Town’s subsequent use. The documentation will explain how the methodology complies with the substantive provisions of Proposition 218 and relevant court decisions. We will prepare a draft report for review with Town staff to review recommendations and address questions. We present our preliminary results to the Financial Advisory Committee. Feedback from this meeting will be incorporated into a presentation made at a Town Council study session.

Feedback draft and final deliverables will be provided in Microsoft Word, Excel, and PDF formats. Deliverables in Word and Excel formats will be editable by Town staff. The Town may -63-
17 61236.01300\30266390.1
elect to, and we would recommend, having legal counsel review the report and provide comments. We will present a final draft report of our findings to Town Council ahead of their vote to authorize mailing of Proposition 218 notices to all ratepayers. A final report will be produced incorporating the comments received from Town Council and legal counsel.

Deliverables:
• One (1) draft report.
• One (1) final report.
• One (1) meeting with Town staff and legal counsel to review report. • One (1) presentation to the Financial Advisory Committee. • One (1) presentation to Town Council as a study session. • One (1) presentation to Town Council for approval to mail Proposition 218 notices to ratepayers.

TASK 6. IMPLEMENTATION
The purpose of this task is to conclude the project with successful implementation of the preferred alternative. We will assist in preparing the notice to rate payers required under Proposition 218 and the resolution/ordinance. We will attend the protest hearing, which shall be no sooner than 45 days after the mailing of the Proposition 218 notices, to present our findings and recommendations and to answer questions. The Town may elect to, and we would recommend, having legal counsel review the Proposition 218 notice and provide comments. It is our assumption the Town would print and distribute the Proposition 218 notice to rate payers.

Deliverables:
• One (1) draft Proposition 218 notice.
• One (1) draft Town ordinance. one (1) meeting with Town staff and legal counsel to review the draft Proposition 218 notice and draft ordinances.
• One (1) presentation to Town Council at the public hearing. • Attendance of ordinance readings.

TASK 7. PROJECT MANAGEMENT
An allowance is required for monitoring schedules and budgets, periodic status calls with Town staff regarding the progress of the project and other issues, and quality control checks to peer review our analyses and work products. This task includes creation of project progress reports and control reports for invoicing.

Deliverables:
• Status check-in meetings.
• Invoices.
-64-
18 61236.01300\30266390.1
Optional Scope of Work
TASK 8. PASS THROUGH ADJUSTMENT
The stress that variances in demand projections can place on reserves can be relieved by “indexing” rates to pass-through costs for the purchase of water from the San Francisco Public Utilities Commission (SFPUC). Our team has worked with the North Coast County Water District to index rates to compensate for rising SFPUC wholesale water rates. For the first time in several years, all Bay Area Water Supply and Conservation Agency (BAWSCA) members face a large increase in wholesale water rates that were previously unplanned for in recent ratemaking endeavors. If adopted a pass through adjustment allows for revenue neutral rate adjustments that can be made without triggering a full Proposition 218 protest process. This approach can go far in safeguarding rates against assumed cost projections that do not pan out.

Deliverables:
• Pass Through Adjustment to be included in Proposition 218 notice to ratepayers. -65-
19 61236.01300\30266390.1
EXHIBIT B Schedule of Charges/Payments
Consultant will invoice Town on a monthly cycle. Consultant will include with each invoice a detained progress report that indicates the amount of budget spent on each task. Consultant will inform Town regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
-66-
20 61236.01300\30266390.1
Exhibit C Activity/Task Schedule
Apr 2022 May 2022 Jun 2022 Jul 2022 Aug 2022 Sep 2022 Oct 2022 Nov 2022 Dec 2022 Task 1 - Project Initiation
Meet with Town Staff/gather data ✪
Task 2 - Develop Financial Model
Develop Financial Model
Review Preliminary Analysis with Town Staff ✪
Revise Models Accordingly
Task 3 - Cost-of-Service Analysis
Develop Water Cost-of-Service
Customer Impact Analysis
Review Preliminary Analysis with Town Staff ✪
Revise Models Accordingly
Task 4 - Rate Design
Develop Rate Recommendations
Conduct Neighboring Agency Bill Comparison
Review Preliminary Analysis with Town Staff ✪
Revise Models Accordingly
Task 5 - Communicate Results
FAC Meeting 
City Council Study Session 
Prepare Draft Report
Review Draft Report with Staff ✪
Revise Draft Report Accordingly
Present Revised Draft Report to Council 
Task 6 - Implementation
Assist with Prep of Prop 218 Notice/Ord/Reso
Attend Prop 218 Protest Hearing 
Attend Ordinance Reading of Rates to be adopted. ✪
Task 7 - Project Management
Manage schedule/budget, prepare invoices, etc.

Optional Task - Pass Through Adjustment
Assist with Prep of Prop 218 Notice/Ord/Reso
 = Presentation
✪ = Teleconference with staff
Note: Presentations to Council assumed to be in-person. All other meetings, including with the FAC, assumed to be held remotely.

Tasks
-67-

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 22-02 FOR THE HILLSBOROUGH BEAUTIFICATION FOUNDATION'S CELEBRATE MAY! EVENT SUMMARY: The Hillsborough Beautification Foundation has submitted an application to conduct its Celebrate May! event at 888 Irwin Drive in Hillsborough. This event is proposed to take place on Wednesday, May 4, 2022, from 9:00 a.m. to 12:00 p.m. The total number of guests expected is approximately 300-350.

The Police, Fire, and Building & Planning Departments have reviewed the application and submitted comments and recommendations, which are included as an attachment.

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. The proposed action is also exempt pursuant to CEQA Guideline 15301 as the permitting of an existing facility involving a temporary negligible expansion of use with no corresponding construction or expansion of existing structures.

ATTACHMENTS: Fundraising Event Permit Application 22-02 and Police Department, Fire Department, and Building & Planning Department Comments and Recommendations PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Approve Fundraising Event Permit Application 22-02 for the Hillsborough Beautification Foundation's Celebrate May! event subject to the conditions recommended by staff. -69-
02 Town of Hillsborough
Application for Fundraising Event Permit

RECEIVED
FEB 2 5 2022
Soliciting contributions for charitable purposes purs~a~t to the provisions of Cha,pter 5.16 ef.·fjWfqi(1~¥(tf{~BOROUGH Mumapal Code.

Date Received: 'J.... / ZS J 2,o 2 2... Application No. '.2. _ '.2._-___ Category I or II: __ JL __ _ City Council Approval Not Required D City Council Approval Required lg] Please Type or Print Clearly
o,garuz;,;;;;;;;.me HJ \l~ kn.au& L
Address City ~
CA
State
q4D10
Zip
~ (~ s:;~~ -D&v~W,t CiMd
Applicant's Name
Address City State Zip
Email Address:

Day Phone Number: Alternate Phone Number: _______ _
Location(s) ofEvent I) ¼'K f '.Jv::1,vi Vl., DriV':( t\i\\i:.bOvDYz?i 2) -----------------------
3) -------------------
4) -------------------
Date(s) ofEvent, ~l,, 1Jf/J2- Total Numbe, of Operating Days, ~ Indicate Operating Days and Hours of Event (include evening hours):

Monday
Tuesday
Wednesday
Thursday
Friday
2 Saturday
Sunday
2/2/2022
Date change to Wednesday, May 4, 2022 on 3/9/2022 - LN
-70-
-71-
-72-
-73-
-74-
-75-
Town of Hillsborough
Building Department
Conditions for a Fundraising/Charitable Event
Date: March 9, 2022
From: Tim Anderson Building Official
Location of Event: 888 Irwin Drive, Hillsborough California 94010 Organization: Hillsborough Beatification Foundation
Name: Celebrate May
Date of Event: May 4, 2022
General minimum requirements

1. Any Building being used for an event is required to keep all exits clear.

2. It will be necessary to provide restroom facilities for all guest attending the event.

3. If a tent is to be used for the event, you are required to obtain a permit from the Fire Department

4. Inspections must be coordinated with the Fire Department 48 hours in advance.

5. Inspections are limited to regular business hours (8 a.m. to 5 p.m. M-F) If you have any further questions, please contact the Building Department at 650-375-7411 �
¥ Vw A !__L------
-76-

Page 1 ends

DATE: March 9, 2022
TO: Lisa Natusch, City Clerk
FROM: Julie Parenti, Fire Inspector
SUBJECT: HBF Celebrate May Event May 4, 2022
The following list is a typical set of conditions we have used in the past to ensure a minimum standard of fire and life safety. We recommend that arrangements be made by the applicant for a tour of the event site to receive more detailed comments. This tour should be conducted at least 14 days prior to the event.

Final conditions of approval are subject to review of floor plans, proposed routes of travel for public viewing, and a field inspection prior to opening. Temporary conversion of this space for public attendance will be acceptable, provided the applicant addresses the following concerns.

1. If applicable, a standby fire watch shall be on duty during the time the fair is open to the public. The primary responsibility is enforcement of fire and life safety provisions of the California Fire Code. Duties are limited to those activities, except for medical emergencies, or other unusual, or hazardous conditions that may arise. Standby costs are paid by the applicant and are negotiated with the awarded security company. A “Request For Alternate Means of Protection” form must be completed and submitted to the fire department prior to the event.

2. Provide a floor plan with site dimensions, exits, and proposed foot traffic pattern for the public. A review of the floor plan and arrangement of contents will be used by the Fire Department to determine a maximum occupancy load. Maximum occupancy load shall not exceed this limit. In addition to the overall limit, secondary floor areas served by a single stairway will be further restricted based on a review of floor plans. Event volunteers are to be provided in sufficient numbers to ensure enforcement of the limits. The standby fire watch has the authority to restrict additional visitors and/or order the number of people in the venue reduced if overcrowding exists at any time. Foot traffic flow pattern shall be designed to minimize overcrowding in any area. Traffic flow shall be continually monitored and regulated by the volunteers.
-77-

Page 2 ends

3. Exterior exit pathways shall be a hard surface walkway free from tripping hazards.

Exterior exit pathways shall be illuminated at night at any time the event is open to the public. Exterior gates shall be kept unlocked at all times.

4. Portable fire extinguishers with a minimum UL rating of 2A10BC shall be provided so that travel distance to an extinguisher does not exceed 75’. A fire extinguisher shall be provided for each 3000 square feet of floor area and at least one fire extinguisher shall be provided for each level. Extinguishers shall be accessible and visible. Or their location clearly marked.

5. Building Department approval and permits shall be obtained, if necessary, for remodeling and electrical work. The applicant is responsible to ensure compliance with all Town of Hillsborough requirements.

6. Light duty extension cords are prohibited. UL approved multi-outlet power taps may be acceptable provided they are connected directly to a permanent outlet.

Power tap cords shall be protected from physical damage and must be located so as not to present a tripping hazard.

7. No smoking signs shall be posted throughout event space.

8. Candles, open flame, and other sources of ignition are prohibited.

9. Flammable liquids, propane, or other highly flammable materials or decorations are prohibited.

10. The driveway shall be maintained clear for emergency vehicle access during the hours the event is open to the public. Parking related to the event shall not restrict emergency vehicle access.

11. If applicable, tent and canopy installations shall comply with Article 31 of the California Fire Code and Town of Hillsborough requirements. A tent permit shall be obtained from the Fire Department before inspection. An inspection is required for tent installations prior to occupancy.
-78-
-79-
-80-
-81-

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 22-03 AND

APPLICATION FOR A NEW SIGN FOR THE SOLMATEO HOME TOUR
SUMMARY: SolMateo submitted an application to conduct a home tour at the following addresses in Hillsborough:

1. 545 El Cerrito Drive

2. 15 Pear Court
This event is proposed to take place on Friday, May 13, 2022, from 10:00 a.m. to 3:00 p.m. with approximately 500 guests expected during the event. Hillsborough Municipal Code Section

5.16.080 requires City Council approval for a fundraising event permit where more than 200 people will be in attendance during any one day at any one property. Public notices have been sent to owners of properties located within a 500-foot radius of the properties listed above.

The Police, Fire, and Building & Planning Departments have reviewed the application and submitted comments and recommendations, which are included as an attachment.

SolMateo also submitted an application for a new sign for the kitchen tour. Hillsborough Municipal Code Section 5.16.040 requires that new signs for fundraising events be approved by the City Council. Pursuant to Hillsborough Municipal Code Section 5.16.040(F)5, the City Council may approve, reject or modify the applicant's request based on the effect on the public safety and welfare.

SolMateo proposes to place approximately 15 yard signs throughout Hillsborough. The dimensions of the yard signs will be 24 inches wide by 18 inches high. The application and artwork for the sign are included in the City Council agenda packet. If approved, the yard signs will be placed no sooner than two weeks before the event begins and shall be taken down immediately after the event ends.

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

Page 2 ends

ATTACHMENTS:

1. Fundraising Event Permit Application 22-03 and Police Department, Fire Department and Building & Planning Department Comments and Recommendations

2. Sign Advertising for Fundraising Events Application and Artwork PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Approve Fundraising Event Permit Application 22-03 for the SolMateo Home Tour subject to the conditions recommended by staff and approve the application for the SolMateo Home Tour signs.
-84-
-85-
ATTACHMENT 1
-86-
-87-
-88-
-89-
-90-
-91-
X
X
-92-
Friday, May 13 • 10 AM – 3 PM
www.solmateo.org • 650.350.2094
Innovative Designs • Food Tastings • Boutique Shopping
-93-
-94-
-95-
-96-
-97-
-98-
-99-
-100-

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 22-04 FOR THE HILLSBOROUGH SCHOOLS FOUNDATION'S 2022 FUN RUN
SUMMARY: The Hillsborough Schools Foundation (HSF) submitted an application to conduct its 2022 Fun Run. The 2K or 5K run/walk is proposed to take place on Sunday, May 15, 2022, beginning at 8:00 a.m. and ending at approximately 12:00 p.m. The total number of participants expected during the event is approximately 1,000.

The Fun Run route will start in front of North Hillsborough School located at 545 Eucalyptus Avenue in Hillsborough. HSF will send letters to residents living on Eucalyptus Avenue, Brookvale Road, Sharon Avenue, Floribunda Avenue, Willow Road, Pepper Avenue, Barroilhet Avenue, Chester Way, Bromfield Road, Hillsborough Boulevard, Ralston Avenue, Aster Avenue, Parkside Avenue and New Place Road notifying them of the event and road closures.

Hillsborough Municipal Code Section 5.16.080 requires City Council approval for a fundraising event permit where more than 200 people will be in attendance during any one day at any one property. The Police, Fire, Building and Planning Departments have reviewed the application and submitted comments and recommendations, which are included in the City Council's agenda packet. The Police Department will assist event volunteer staff at main intersections to alert motorists and provide traffic safety for participants.

HSF is proposing to hang its banners at the following locations:

1. Golf Course Drive/Black Mountain Road

2. Walnut Avenue parking lot on Floribunda Avenue
The artwork for the banner was previously approved by the City Council. The banners will be placed no sooner than two weeks before the event begins and shall be removed immediately after the event ends.

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

Page 2 ends

ATTACHMENTS: Fundraising Event Permit Application 22-04 and Police Department, Fire Department and Building & Planning Department Comments and Recommendations PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Approve Fundraising Event Permit Application 22-04 for the Hillsborough School Foundation 2022 Fun Run subject to the conditions recommended by staff. -102-
2 2/2/2022
Town of Hillsborough
Application for Fundraising Event Permit
Soliciting contributions for charitable purposes pursuant to the provisions of Chapter 5.16 of the Hillsborough Municipal Code.

Date Received: Application No. Category I or II:

City Council Approval Not Required  City Council Approval Required  Please Type or Print Clearly

Organization’s Name

Address City State Zip

Applicant’s Name
Address City State Zip
Email Address:

Day Phone Number: Alternate Phone Number:

Description of Event:

Location(s) of Event: 1)
2)
3)
4)
Date(s) of Event: Total Number of Operating Days:

Indicate Operating Days and Hours of Event (include evening hours):

Monday Saturday
Tuesday Sunday
Wednesday
Thursday
Friday
Hillsborough Schools Foundation
300 El Cerrito Avenue, Hillsborough, CA 91789
Christina Chen
2022 Fun Run
North School
5/15/22 1
8AM 12PM
22-04 II
X
3/16/2022
-103-
3 2/2/2022
Information about the Event
Please complete this form (if not applicable, mark N/A) Total number of guests expected (during the entire event):

Average number of guests expected per day:

Projected busiest time of day:

Projected busiest day of week:

Will invitations be sent? Is the event by invitation only? Number of invitations to be sent:

Will tickets be issued? Sold at the door?
Advance sales? Both?
Will tickets be date and/or time stamped? (explain)
Number of staff personnel on duty daily:

Will this number increase at busy times/days?
Do you have a plan to control the number of people in the home? (Please attach plan.)
Transportation provided by: Mini Bus ( ) Shuttle Bus ( ) Private Car ( ) Event will be held: Indoors ( ) Outdoors ( ) Both ( )
Will food be served? Sold? Catered?
If catered, by whom? ______
Will music be played and/or loudspeakers used? Inside Outside (California. Penal Code Section 415-Disturbance of the Peace enforced by the Hillsborough Police Department) Will tents be used? If so, how many? What type? (open/enclosed) ______ (If tent(s) are to be used, contact the Fire Department to obtain a permit.) Officers of the Organization: I.R.S. Exempt? Yes _______ No ________ President:

Vice President:

Secretary:

Treasurer:

Other:
1000
1000
8AM
Sunday
no no
n/a
yes no
yes
no
3 no
police department will be involved
x
x
yes no
Central Fire Department
yes x
Breigh McCall
-104-
4 2/2/2022
Information about the Event (Continued)
Please complete this form (if not applicable, mark N/A) In case of an emergency, the Police and Fire Department require a 24-hour phone number where a responsible person for the event can be reached
Key contact person for the Event:

Name 24 Hour Phone

Address City State Zip

Email
Back-up contact person for the Event:

Name Phone

Address City State Zip
Will there be time required to ready the location for the event, or restore the location after the event? If yes, please indicate the dates, times and description:

Solicitation to be made by:
 Television  Newspaper  Radio  Direct Mail  Phone
 Personal Contact  Other:

Area(s) of solicitation:

What is the purpose / object of the event?
Will items or services be sold during the event?
List name(s) of any person or firms who will directly or indirectly benefit from the event, other than the applicant of the event: _

Christina Chen
300 El Cerrito Avenue, Hillsborough, CA 91789
[email protected]
Lisa Duffell
300 El Cerrito Avenue, Hillsborough, CA 91789
School
School Fundraiser
no
-105-
6 2/2/2022
Town of Hillsborough
Acknowledgement of Guidelines
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

I understand that any and all costs required for security, traffic control, and/or fire safety services related solely to this event will be at my expense. I also understand that the failure to comply with any of the guidelines and conditions set forth by the Town of Hillsborough may cause this event to be suspended or stopped at any time.

Print Name:

Title:

Signature: Date:
• Attach any additional information you feel may be important. • This application will be forwarded to the Building Department, Fire Department and Police Department for review. Each department will have a list of conditions for your event that must be complied. If you have any questions, please contact the City Clerk at 650-375-7412. • A meeting including the applicant and Hillsborough staff may be required. The meeting will be to review the details of the event, answer questions and concerns and make some preliminary recommendations.
• Contact the Police, Fire and Building Department to inquire of any special conditions and/or considerations for the proposed event.

Building Department Tim Anderson 650-375-7420
Fire Department Christine Reed 650-558-7617
Police Department Nick Chinca 650-375-7456
Christina Chen
Event Manager
3/16/22
-106-
7 2/2/2022
Town of Hillsborough
Hold Harmless Agreement
(The standard Town of Hillsborough Hold Harmless Agreement is required as a matter of policy for all organizations and individuals conducting activities in the Town or involving the Town.) The hereby agrees that to
the extent of the assets of the , it shall
defend, indemnify, and hold the Town of Hillsborough free and harmless against all action, claims, losses, liabilities, or demands, and against all costs, expenses, and attorney’s fees arising, directly or indirectly, or accruing on account of or in any way related to (a) the , to be conducted on
, 20_____, (b) any services provided, directly or indirectly, by or on behalf of the Town of Hillsborough in connection therewith, (c) the use of any facilities or equipment owned or operated by or on behalf of the Town of Hillsborough in connection therewith, and (d) an actual or alleged act or omission of any employee or agent of the Town of Hillsborough or any personnel working under the Town’s supervision in connection therewith. This obligation shall not be qualified or eliminated by any allegation, finding, judgment, or verdict that the Town or any of its personnel is responsible for a passively negligent act or omission.

Applicant:

Signature: Date:

Title:
* An insurance certificate naming the Town of Hillsborough as additionally insured for an amount of $1,000,000.00 must accompany this agreement.

Hillsborough Schools Foundation
Hillsborough Schools Foundation
Fun Run
May 15, 2022
Christina Chen
3/16/22
Event Manager
-107-
03/02/2022
Business Professional Insurance Associates
1519 South B Street
San Mateo, CA 94402
License #: 0D69286
Cindi Watson
(650)341-4484 (650)341-4465
[email protected]
00005800-546717 5
Hillsborough Schools Foundation
300 El Cerrito Ave
Hillsborough, CA 94010
NonProfits' Ins. Alliance ofCA
A X Y 2021-01860 07/01/2021 07/01/2022
X
X
1,000,000
500,000
20,000
1,000,000
3,000,000
3,000,000
NonProfits' Ins. Alliance ofCA
A 2021-01860 07/01/2021 07/01/2022
X X
1,000,000
NonProfits' Ins. Alliance ofCA
A X 2021-01860-UMB 07/01/2021 07/01/2022
X
X None
2,000,000
2,000,000
Re: Fun Run on 05/15/22. The Town of Hillsborough and the North School are included as Additional Insured as respects this event. Additional Insured applies to General Liability only per company form NIAC-E67.

The Town of Hillsborough
1600 Floribunda Avenue
Hillsborough, CA 94010
(CLW)
Printed by CLW on 03/02/2022 at 12:29PM
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

DATE (MM/DD/YYYY)
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE
-108-
7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< $'',7,21$/,1685('±0$1$*(5625
/(662562)35(0,6(6
7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ

&200(5&,$/*(1(5$//,$%,/,7<&29(5$*(3$57
6&+('8/(
'HVLJQDWLRQ2I3UHPLVHV
3DUW/HDVHG7R<RX

1DPH2I3HUVRQ
V
2U2UJDQL]DWLRQ
V

$GGLWLRQDO,QVXUHG

$Q\SHUVRQRURUJDQL]DWLRQDFWLQJDVDPDQDJHURUOHVVRURIDSUHPLVHVWKDW\RXDUHUHTXLUHGWRQDPHDVDQ DGGLWLRQDOLQVXUHGRQWKLVSROLF\XQGHUDZULWWHQFRQWUDFWOHDVHRUDJUHHPHQWFXUUHQWO\LQHIIHFWRUEHFRPLQJ HIIHFWLYHGXULQJWKHWHUPRIWKLVSROLF\
$GGLWLRQDO3UHPLXP
,QFOXGHG
$6HFWLRQ,,±:KR,V$Q,QVXUHGLVDPHQGHGWRLQFOXGHDVDQDGGLWLRQDOLQVXUHGWKHSHUVRQ V
RU
RUJDQL]DWLRQ
V
VKRZQLQWKH6FKHGXOHEXWRQO\ZLWKUHVSHFWWROLDELOLW\DULVLQJRXWRIWKHRZQHUVKLS PDLQWHQDQFHRUXVHRIWKDWSDUWRIWKHSUHPLVHVOHDVHGWR\RXDQGRQO\ZLWKUHVSHFWWROLDELOLW\IRU³ERGLO\ LQMXU\´³SURSHUW\GDPDJH´RU³SHUVRQDODQGDGYHUWLVLQJLQMXU\´FDXVHGLQZKROHRULQSDUWE\\RXUDFWVRU RPLVVLRQVRUWKHDFWVRURPLVVLRQVRIWKRVHDFWLQJRQ\RXUEHKDOIVXEMHFWWRWKHIROORZLQJDGGLWLRQDO H[FOXVLRQV

7KLVLQVXUDQFHGRHVQRWDSSO\WR

$Q\RFFXUUHQFHZKLFKWDNHVSODFHDIWHU\RXFHDVHWREHDWHQDQWLQWKDWSUHPLVHV $Q\RIIHQVHZKLFKFRQVWLWXWHVSHUVRQDODQGDGYHUWLVLQJLQMXU\ZKLFKLVFRPPLWWHGDIWHU\RXFHDVHWR EHDWHQDQWLQWKDWSUHPLVHV
RU
6WUXFWXUDODOWHUDWLRQVQHZFRQVWUXFWLRQRUGHPROLWLRQRSHUDWLRQVSHUIRUPHGE\RURQEHKDOIRIWKH SHUVRQ
V
RURUJDQL]DWLRQ
V
VKRZQLQWKH6FKHGXOH
+RZHYHU

7KHLQVXUDQFHDIIRUGHGWRVXFKDGGLWLRQDOLQVXUHGRQO\DSSOLHVWRWKHH[WHQWSHUPLWWHGE\ODZ DQG
,IFRYHUDJHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGLVUHTXLUHGE\DFRQWUDFWRUDJUHHPHQWWKHLQVXUDQFH DIIRUGHGWRVXFKDGGLWLRQDOLQVXUHGZLOOQRWEHEURDGHUWKDQWKDWZKLFK\RXDUHUHTXLUHGE\WKH FRQWUDFWRUDJUHHPHQWWRSURYLGHIRUVXFKDGGLWLRQDOLQVXUHG %:LWKUHVSHFWWRWKHLQVXUDQFHDIIRUGHGWRWKHVHDGGLWLRQDOLQVXUHGWKHIROORZLQJLVDGGHGWR6HFWLRQ,,, /LPLWV2I,QVXUDQFH

,IFRYHUDJHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGLVUHTXLUHGE\DFRQWUDFWRUDJUHHPHQWWKHPRVWZHZLOOSD\RQ EHKDOIRIWKHDGGLWLRQDOLQVXUHGLVWKHDPRXQWRILQVXUDQFH

5HTXLUHGE\WKHFRQWUDFWRUDJUHHPHQW
RU
$YDLODEOHXQGHUWKHDSSOLFDEOH/LPLWVRI,QVXUDQFHVKRZQLQWKH'HFODUDWLRQV ZKLFKHYHULVOHVV
7KLVHQGRUVHPHQWVKDOOQRWLQFUHDVHWKHDSSOLFDEOH/LPLWVRI,QVXUDQFHVKRZQLQWKH'HFODUDWLRQV ,QIRUPDWLRQUHTXLUHGWRFRPSOHWHWKLV6FKHGXOHLIQRWVKRZQDERYHZLOOEHVKRZQLQWKH'HFODUDWLRQV 1,$&( 3DJHRI
POLICY NUMBER 2021-01860
-109-
FINISH
2K COURSE MAP 5K COURSE MAP
START
-110-
-111-

Page 1 of 2 ends

DATE: 3/21/2022
TO: Lisa Natusch, City Clerk
FROM: Julie Parenti, Fire Inspector
SUBJECT: Hillsborough 2022 Fun Run
The following list is a typical set of conditions the fire department utilizes to ensure a minimum standard of fire and life safety. We recommend that arrangements be made by the applicant for a tour of the event site to receive more detailed comments. This tour should be conducted at least 14 days prior to the event.

1. Provide a site layout with site dimensions, exits, booths, and proposed foot traffic pattern for the public. Please email to Inspector Julie Parenti at [email protected].

A review of the plan and arrangement of contents will be used by the Fire Department to determine a maximum occupancy load. Foot traffic flow pattern shall be designed to minimize overcrowding in any area. Traffic flow shall be continually monitored and regulated by the volunteers.

2. If applicable, a standby fire watch shall be on duty during the time the event is open to the public. The primary responsibility is enforcement of fire and life safety provisions of the California Fire Code. Duties are limited to those activities, except for medical emergencies, or other unusual, or hazardous conditions that may arise. Standby costs are paid by the applicant and are negotiated with the awarded security company.

3. Exterior exit pathways shall be a hard surface walkway free from tripping hazards.

Exterior exit pathways shall be illuminated at night at any time the event is open to the public. Exterior gates shall be kept unlocked at all times. -112-

Page 2 of 2 ends

6. Should preparation/cooking/sales of food be conducted during the event, the applicant shall contact San Mateo County Health Department to inquire on temporary food service requirements.

7. Light duty extension cords are prohibited. UL approved multi-outlet power taps may be acceptable provided they are connected directly to a permanent outlet.

Power tap cords shall be protected from physical damage and must be located so as not to present a tripping hazard.

8. No smoking signs shall be posted throughout event space.

9. Candles, open flame, and other sources of ignition are prohibited.

10. Flammable liquids, propane, or other highly flammable materials or decorations are prohibited.

11. Driveways shall be maintained clear for emergency vehicle access during the hours the event is open to the public. Parking related to the event shall not restrict emergency vehicle access.

12. If applicable, tent and canopy installations shall comply with Article 31 of the California Fire Code and Town of Hillsborough requirements. A tent permit shall be obtained from the Fire Department before inspection. An inspection is required for tent installations prior to occupancy.
-113-
-114-
-115-

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING MODIFICATIONS TO THE BENEFIT PACKAGE

FOR UNREPRESENTED EMPLOYEES
SUMMARY: The City Council periodically evaluates the benefits offered to the Unrepresented group of employees, and recently completed discussions with the Unrepresented group regarding proposed increases to the benefits package, which includes a wage and benefits structure for the next two years. The benefit changes include compensation adjustments, increases to dental and vision benefits, wellness benefit, Retirement Health Savings benefit, and modification to cash in lieu of health insurance. A copy of the redlined Summary of Benefits is included as Attachment 2.

January 2022 salary changes were approved at the December 13, 2021 City Council meeting.

Future salary changes listed in Attachment 2 will be brought to City Council each December for final approval, consistent with the Town’s standard practice. At that time, the Town will comply with Government Code Section 54953 and will orally report the new compensation amounts for any local agency executive. As part of this agenda item, the Town will be making oral disclosures of any benefit changes for any local agency executive that constitute final action by the Town consistent with Government Code Section 54953.

FISCAL IMPACT: The annual estimated fiscal impact is $82,121. The FY 2021-22 budget has sufficient reserves for the additional costs, and the costs are included in the fiscal year FY 2022-23 budget.

ATTACHMENTS:

1. Resolution

2. Summary of Benefits - Unrepresented Employees (redline) PREPARED BY: Kristin Armbruster, Human Resources Manager RECOMMENDATION: Adopt the resolution approving modifications to the benefit package for Unrepresented employees.
-117-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING MODIFICATIONS TO THE BENEFIT PACKAGE FOR

UNREPRESENTED EMPLOYEES
WHEREAS, the Town of Hillsborough (“Town”) has determined that competitiveness of a benefits package for employees is an important factor in employee recruitment and retention; and
WHEREAS, the Town periodically reviews the types and levels of benefits; and WHEREAS, staff has proposed to make adjustments to the salary and benefits offered to Unrepresented employees to reflect changes in staff demographics and support the interests of the City Council of equity and inclusion.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough approves the following modifications to the benefit package for Unrepresented employees effective April 12, 2022:

Cash in lieu of health insurance:

Employees who were enrolled in the cash in lieu program as of December 31, 2020 receive cash in lieu of health benefits:

Employee only: $384.13
Employee + 1: $768.26
Employee + 2 or more $998.73
Employees who receive the cash in lieu benefit and who opt out of the program after January 1, 2021 are treated as employees enrolling in the plan after January 1, 2021 for future cash in lieu benefits.

Employees who enroll in cash in lieu after January 1, 2021 receive a contribution to the employee’s deferred compensation account in the amount of $300 per month.

Beginning January 1, 2023, employees that were enrolled in the cash in lieu program as of December 31, 2021, will receive reimbursements of:

Employee $384.13/month
Employee + 1 $500/month
Employee + 2 or more $500/month
Beginning January 1, 2024, all employees in the Unrepresented group who are enrolled in the cash in lieu program will receive reimbursements of $300 per month.

Dental benefits
The dental reimbursement benefit increases to up to $2500 annually per participant.

Vision benefits
The vision reimbursement benefit increases to up to $350 annually per participant. -118-
ATTACHMENT 1
2 Retirement Health Savings Plan
Employees hired after January 1, 2002 receive a contribution into their Retirement Health Savings account as follows:

Employment length Amount
0 – 60 months of service 2.0% of base pay
61- 180 months of service 3.0% of base pay
181 + months of service 4.0% of base pay
Current employees will be placed in the tier that corresponds to their current years of service with the Town. No retroactive pay will be made.

Wellness
Employees can receive reimbursement for approved wellness programs and activities:

Executive up to $1000 annually
All other Unrepresented up to $600 annually
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 11th day of April 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-119-

Page 1 of 14 ends

Town of Hillsborough
Summary of Benefits
Unrepresented Employees
Table of Contents

1. Organization

2. Salary

3. Term

4. Retirement

5. Health Benefits
Medical
Dental
Vision

6. Employee Wellness
Employee Assistance Plan (EAP)
Wellness Program

7. Income Protection
Life and Accidental Death and
Dismemberment (AD&D)
Long-Term Disability (LTD)
AFLAC (additional life insurance
coverage)

8. Savings Plans and Other Tax Deferment
Programs
Deferred Compensation Plans
401(a) Plan
Flexible Benefit Plan (Section 125 –
Cafeteria Plan)
Retirement Health Savings Account

9. Paid Time Off and Other Leaves
Vacation Leave
Sick Leave
Administrative Leave
Holidays
Death/Bereavement or Critical Illness
Leave
Family and Medical Leave (FML)
Jury Duty
Leave Payout
Unused Sick Leave Upon Retirement
Sick Leave Incentive Plan

10. Miscellaneous
Rental Assistance Program
Clothing or Uniform Allowance
Tuition/Educational Expense
Reimbursement
Special Pays
Educational Incentive
Car Allowance
Computer and Internet Connection
Allowance
Cell Phone Reimbursement
This brochure has been developed to assist employees with understanding the Town and its organization and the benefits it offers to its employees. If the information in this document differs from that in one of the Town’s Labor Agreements, the language in the MOU shall prevail.

If you or your spouse/domestic partner should have any questions concerning your benefits, contact Kristin Armbruster, Human Resource Manager at (650) 375-7502 or [email protected]. -120-
ATTACHMENT 2

Page 2 of 14 ends

A Brief Introduction

1. Organization
There are 4 groups of unrepresented employees:

Types Positions
Professional Assistant Engineer GIS Coordinator
Assistant Planner GIS Technician
Deputy City Clerk HR Specialist
Management Assistant
MidManagersAccountant HR Manager
Associate Civil Engineer Management Analyst
Associate Planner Police Lieutenant
Budget Analyst Senior Accountant
Building Official Senior Civil Engineer
City Clerk Senior Management Analyst
Communications Manager Senior Planner
Deputy
Department
Heads
Assistant Director of Finance Planning Manager
Chief Building Official Police Captain
City Engineer Public Works Superintendent
Deputy Director Public Works Assistant Director Building & Planning
Executive City Manager Director of Building & Planning
Assistant City Manager Director of Finance
Chief of Police Director of Public Works
All Unrepresented employees are considered At-Will employees.

Benefits
The Town of Hillsborough is pleased to offer a wide range of benefit programs to its employees. The benefit package offered by the Town is both comprehensive and competitive. This summary provides an overview of the available benefits.

Eligible employees hold full-time and part-time budget-allocated positions.

2. Salary
Salary ranges for positions in this group will be increased as follows:

First full pay period in January 2023 3.75%
First full pay period in January 2024 3.75%

3. Term
-121-

Page 3 of 14 ends

This summary is effective beginning April 12, 2022 and extends through December 31, 2024.

4. Retirement
The Town provides eligible employees with retirement benefits through the California Public Employees Retirement System (CalPERS), which is the largest retirement system in California and one of the largest in the nation.

Employees hired prior to 6/30/12:
• 3% @ 60 for miscellaneous (Unrepresented, Public Works-Clerical, Public Works Supervisor groups & non-sworn Police)
• 3% @ 50 for sworn public safety - Police Department
• Single highest year formula for all labor groups
Miscellaneous employees hired after 7/1/12 who are Classic PERS members:
• 2% @ 60 for miscellaneous (Unrepresented, Public Works-Clerical, Public Works Supervisor groups & non-sworn Police)
• 3 year final average for compensation
Employees hired after 1/1/2013 who are New PERS members:
• 2% @ 62 for miscellaneous (Unrepresented, Public Works-Clerical, Public Works Supervisor groups & non-sworn Police)
• 2.7% @ 57 for sworn public safety – Police Department • 3 year final average for compensation
Who Pays for the Benefit?
Retirement benefits are paid for by both the employee and the Town. The Town contributes an amount each month on behalf of the employee. The Town’s contribution is computed as a percentage of the employee’s annual salary and is actuarially determined by CalPERS. The Town’s contribution rates vary from year to year.

Classic employees contribute the following, on a pre-tax basis:

Miscellaneous – 9% for those hired prior to July 1, 2012 Miscellaneous – 7% for those hired after July 2, 2012
Public Safety – 10%
Employees hired after 1/1/2013 who are considered New PERS members will pay 50% of the total normal cost, as defined by PERS.

The amount deducted from your paycheck, called the “member’s contribution”, together with any interest earned is your asset which will be part of your estate if you die before you retire. The amount of your contributions and the interest earned is shown on your CalPERS Annual Member Statement normally distributed by CalPERS in October of each year. This statement does not show the portion paid by the Town on your behalf.

What is the Retirement Benefit?
The CalPERS retirement system is a “defined benefit” pension plan which provides benefits based on members’ years of service, age, final compensation and benefit formula. This means you will receive a retirement paycheck regardless of the amount you actually contributed to the retirement system. In contrast, a “defined contribution” plan such as a 457 deferred compensation plan only provides benefits to the extent of your cash contributions.

Eligibility to Retire
-122-

Page 4 of 14 ends

Any PERS member hired prior to 1/1/13 who attains age 50 and has 5 years of service credit can receive a retirement income. Employees hired after 1/1/13 with 5 years of service credit can receive retirement income at the following ages:
• Miscellaneous 52
• Safety 50
Estimating your Benefit
There are three factors that determine your retirement benefit: years of service with the CalPERS retirement system, your age at time of retirement and your retirement formula.

A summary of the retirement benefits together with the applicable formulas is presented in the following CalPERS publications. You can roughly estimate your benefit by reviewing:

Local Miscellaneous Retirement Benefits
Local Safety Retirement Benefits
or by using the retirement calculator on the PERS website.

Application for Retirement
Employees should apply for retirement at least 90 days prior to retirement date. A Guide to Completing your CalPERS Service Retirement Election provides information and the various application forms.

Contractual PERS Benefit Options:

Sick Leave Credit
At retirement, any unused sick leave you have will be converted to additional service credit (the additional service will not change your date of separation from employment). You will receive credit for each day of unused sick leave certified by your employer. It takes 2000 hours of sick leave to receive one year of service credit. This additional service credit will give you a higher retirement benefit.

To receive sick leave credit, your retirement date must be within 120 days of the date of separation from the Town.

Service Credit for Military Service
Employees who have served in the armed forces can purchase additional service credit. You must contact PERS to request this benefit. An estimator for cost is available on the PERS website.

Service Credit for Previous Service
Employees who previously worked for a PERS agency may be able to purchase additional service credit.

Please contact PERS for details.

Social Security
Miscellaneous employees (Unrepresented, Public Works-Clerical, Public Works Supervisors, and non-sworn Police) participate in Social Security. Contributions are deducted from your paycheck. Sworn Public Safety do not contribute to Social Security.

More information about CalPERS programs is available at www.calpers.ca.gov.

5. Health Benefits
Medical Insurance
-123-

Page 5 of 14 ends

The Town contracts with CalPERS (under the Public Employees’ Medical and Hospital Care Act – PEMHCA) for medical insurance coverage.

Depending on where you live or work, your health plan options include three types of health plans:

Preferred Provider Organizations (PPOs)
 PERS Gold
 PERS Platinum
 PORAC
Health Maintenance Organizations (HMOs)
 Anthem HMO Select and Anthem HMO Traditional
 Blue Shield Access + HMO and Blue Shield Trio
 Health Net SmartCare
 Kaiser
 United Healthcare
 Western Health Advantage
The Town’s contribution toward the employee’s medical coverage shall be determined by the coverage level the employee selects. Premiums that exceed the monthly maximum amounts, and in some cases annual increases require an employee contribution (see MOU for specifics). The Town’s contribution shall be as follows:

Employee only Shall not exceed the Blue Shield Access + employee only rate Employee + 1 Shall not exceed the Blue Shield Access + employee + 1 rate Employee + 2 Shall not exceed the Blue Shield Access + employee + 2 rate Rates as of January 2022
Plan Name Employee only Employee +1 Employee +2 Employee contribution
Anthem Select HMO $1,015.84 $2,031.62 $2,641.11
Anthem Traditional HMO $1,304.00 $2,608.00 $3,390.40
Blue Shield Access + $1,116.01 $2,232.02 $2,901.63 * *$30.11 Blue Shield Trio $898.54 $1,797.08 $2,336.20
Health Net Smart Care $1,153.00 $2,306.00 $2,997.80
Kaiser $857.06 $1,714.12 $2,228.36
PERS Gold $701.23 $1,402.46 $1,823.20
PERS Platinum $1,057.01 $2,114.02 $2,748.23
PORAC $799.00 $1,725.00 $2,219.00
UnitedHealthCare $1,020.28 $2,040.56 $2,652.73
Western Health Adv. $741.26 $1,482.52 $1,927.28
For more information, refer to the following CalPERS publications:

Health Program Handbook – Rules & Regulations of the CalPERS Health Program Health Plan Decision Guide – Health Plan Choices and Premium Rates for Current Calendar Year.

Eligibility
Employees can enroll themselves and their immediate family members, dependents, and registered domestic partners. PERS Health does not allow the enrollment of unregistered domestic partners. No one can be refused enrollment because of pre-existing conditions.

Employees can elect cash in lieu of health coverage with proof of other health insurance coverage. Please check applicable MOU for details. For employees that were enrolled in the cash in lieu program as of December 31, 2021, reimbursements are as follows:

Employee $384.13/month
Employee + 1 $768.25/month
Employee + 2 or more $998.73/month
-124-

Page 6 of 14 ends

For these employees enrolling in cash in lieu after January 1, 2021 (Jan. 1, 2022 for Public Works/Clerical employees), reimbursement amount is $300 per month. Employees who were in the cash in lieu program prior to January 1, 2021 that left the program and want to re-enroll after January 1, 2021 will be eligible for $300 per month.

Beginning January 1, 2023, employees that were enrolled in the cash in lieu program as of December 31, 2021, reimbursements will be:

Coverage
Coverage becomes effective on the first day of the month following appointment.

To enroll, elect cash in lieu of coverage or to add or delete dependents, please complete the PERS HBD 12 form and submit to Human Resources.

If you want to change plans, you must do so during the next open enrollment period – normally held annually each Fall. Open enrollment changes take effect the following January 1.

For other details, please refer to CalPERS at www.calpers.ca.gov.

Dental Insurance
The Town offers dental reimbursement as follows:

Unrepresented –
Self-funded dental and orthodontia plans with maximum benefits of $2,500 per person per year.

Plan Year is January 1 – December 31. For details, review the Summary Plan Description - Unrepresented.

Eligibility
Eligibility starts on the first day of the month following the conclusion of a 30-day waiting period.

Vision Insurance
The Town offers vision reimbursement as follows:

Unrepresented
Self-funded vision plan with maximum benefits of $350 per person per year. Plan Year is January 1 – December 31. For details, review The Cities Group and Hillsborough Description of Vision and Dental Benefits - Unrepresented.

Eligibility
Eligibility starts on the first day of the month following conclusion of a 30-day waiting period. -125-

Page 7 of 14 ends

6. Employee Wellness
Employee Assistance Plan (EAP)
The EAP is a benefit designed to provide help with personal and professional stress that affects everyone at one time or another. It is a simple way of obtaining professional help to reduce the impact of problems on your life and your job.

The free and confidential services include professional assessment, referral and counseling.

EAP services are available to all employees, their spouses, domestic partners or dependent children.

All services are strictly confidential and voluntary and no information regarding your use of the program will be disclosed to the Town without your authorization.

EAP services are provided by Sutter Health. To use the service 24 hours a day, 7 days a week, call (800) 477-2258.

Some of the services include:

Counseling for anxiety and stress, drug and alcohol dependency, job burnout, marital and teenager problems
Legal advice
Financial planning/counseling
Departmental Management advice
Referrals for childcare and eldercare
For details, pick up a pamphlet at Town Hall.

Wellness Program
Eligible employees can receive reimbursement for approved wellness programs and activities.

Executive $1000/yr
All other Unrepresented $600/yr
Unrepresented:
• Gym fees
• Nutritional Counseling
• Smoking Cessation Program
• Chiropractic services
• Acupuncture services
• Weight Loss Program
• Parks and Recreation sponsored fitness programs from other municipalities that are preapproved by the Human Resources Manager
• Equipment (home gym equipment: Bowflex, Pelaton, etc.; equipment for various classes: yoga mat, boxing gloves, etc.). No clothing or shoes are eligible for reimbursement.

Complete the Wellness Reimbursement Form.

7. Income Protection
Life and Accidental Death and Dismemberment Insurance (AD&D) A Life Insurance and AD&D group policy is provided to eligible employees in the various labor groups as follows:
-126-

Page 8 of 14 ends

Unrepresented –
 City Manager 2 times earnings, capped at $450,000
 Other Executive 150% of annual salary
 Deputy Department Heads 100% of annual salary
 Mid-Managers/Professionals $100,000
The policy is administered by the Standard.

Coverage
Coverage starts on the first day of the month following hire date.

To designate or update beneficiaries, contact the Human Resources Department (x7502).

Long Term Disability Insurance (LTD)
The Town pays premiums for Long Term Disability insurance for the following groups that provides 66 2/3% of salary up to a maximum of $6,000 per month and begins 180 calendar days after the first day of disability.

The Standard administrators this benefit.

Voluntary Supplemental Insurance
Employees can obtain supplemental insurance at the employee’s expense through Aflac. Payments of premiums can be made through salary deductions. Pick up an Aflac Supplemental Insurance brochure from Town Hall for more information and call Joshua Baltor at (415) 968-5838 x101 to sign up with Aflac.

8. Savings Plans and other tax deferment programs
Optional Deferred Compensation Plans
The Town offers a voluntary employee-paid tax-qualified retirement investment plan under IRS Section 457 (deferred compensation plan). This plan allows you to save toward your retirement on a pre-tax basis, effectively lowering your current taxable income.

In the ICMA plan, there are two deferment options:
• Before tax deferrals
• After tax (Roth) deferrals
ICMA also has a self-brokerage account, where the employee can direct the purchase and sales of individual stocks and equities.

Additionally, Valic and ICMA allow two catch-up provisions:

Normal Catch-Up Provision allows participants to make up for eligible contributions not deferred in prior years, permitting contributions up to double the normal maximum in effect for the year in the three years prior to retirement.

Age 50 Catch-Up Provision allows participants reaching age 50 or older during the year to contribute an additional amount annually.

The chart below explains the qualified contributions to the plan:

Year Maximum Annual
Contribution
Age-50 Catchup Total
2021 $19,500 $6,500 $26,000
2022 $20,500 $6,500 $27,000
-127-

Page 9 of 14 ends

The Town has two 457 plan administrators and appointments to meet with the representatives can be arranged directly by employees:

ICMA –at (866) 620-6064
Additional information is available at their website at www.icmarc.org.

VALIC – at (800) 892-5558 X 89165.

Additional information is available at their website at www.valic.com Participation is optional. Employees can enroll and adjust contribution amounts at any time. Employees can make contributions to only one 457 plan at a time. You can choose the manner in which your savings are invested. Investment vehicles can be changed at any time. 401(a) Plan
Town contributes to a 401(a) plan for certain Unrepresented employees as follows:

City Manager 3% of salary
Executive 2% of salary
Deputy Department Heads $600 per year
The compensation limit that can be taken into account for 2022 is $305,000.

Optional Flexible Benefit Plan (Section 125 – Cafeteria Plan) This optional program allows employees to use pre-tax income for the following:

Dependent Care expenses up to $5,000 per year
Unreimbursed Medical Expenses up to $2,750 per year
Medical Premiums
The Town’s Section 125 Plan Administrator is Navia. To enroll, contact Human Resources.

Retirement Health Savings Account
The Town provides a monthly contribution to a Retirement Health Savings account to those employees hired after Jan 1,2002. The contribution vests over 5 years of service. Upon retirement and reaching age 55, the retired employee can draw upon this account to be reimbursed for eligible medical expenses until all funds are exhausted. The contributions are:

Years of service Town contribution
0 – 60 months 2.0% of base salary
61 – 240 months 3.0% of base salary
241 months + 4.0% of base salary

9. Paid Time Off and other leaves
Vacation Leave
Unrepresented and Public Works Supervisors
Years of Bi-Wkly Days per
-128-

Page 10 of 14 ends

Service Accrual Year
> 4 3.08 10
4-9 4.62 15
10 4.92 16
11 5.23 17
12 5.54 18
13 5.85 19
14-15 6.15 20
16 6.46 21
17 6.77 22
18 7.08 23
19 7.38 24
20 7.69 25
Maximum accrual:

City Manager 480 hours
Other Executive 480 hours
Dep Dept Head/Mid-Manager 400 hours
Professional 320 hours

Maximum accrual is two years’ leave or the above maximum, whichever is greater.

Sick Leave
Unrepresented 112 hours or 4.31 hours bi-weekly per year There is no maximum accrual limit for sick leave.

Administrative Leave
Unrepresented employees are eligible for Administrative Leave, as follows:

Max balance
Executive 10 days per year 80 hours
Deputy Dept Heads/ Mid-Managers 5 days per year 40 hours Planning Manager 7.5 days per year 60 hours
At the City Manager’s discretion, up to one additional week of administrative leave can be given to an employee. At the time of separation, employees are not paid for unused administrative leave hours.

Holidays
Unrepresented, Public Works Supervisors, and Public Works/Clerical Date Holiday
January 1 New Year’s
3rd Mon in Jan MLK Day
3rd Mon in Feb President’s Day
Last Mon in May Memorial Day
July 4 Independence Day
1st Mon in Sept Labor Day
November 11 Veteran’s Day
4th Thurs in Nov Thanksgiving Day
4th Friday in Nov Day after Thanksgiving
December 24 Christmas Eve
December 25 Christmas Day
Employee’s Choice 1 Floating Holiday
Death/Bereavement or Critical Illness Leave
-129-

Page 11 of 14 ends

Unrepresented, Public Works/Clerical and Police Groups
The Town provides with up to 3 shifts of paid leave for the death or critical illness in the employee’s immediate family or household. This leave is not charged to the employee’s sick, vacation or holiday accruals.

Family Medical Leaves
Town employees are eligible for family and medical leaves as provided in Federal and State laws.

Employees are entitled to twelve (12) weeks of Family Medical Leave (FMLA) and/or California Family Rights (CFRA) leave in a twelve (12) month period providing the employee meets the eligibility requirement of the leave(s).

During the leave, the Town shall continue to provide health benefits. The employees may use sick, vacation and/or holiday accruals while on family leaves to receive pay. The Town is required to reinstate the employee to the same or equivalent position upon the return to work of the employee within the maximum allowable time frame.

Medical reasons could include:

Birth or placement of a child,
To care for a spouse, child, or parent with a serious medical condition or To take medical leave while unable to work due to the employee’s own serious health condition.

See full Family and Medical Leave policy for details.

Pregnancy Leave
California law allows up to a maximum of four (4) months of leave if you become disabled during your pregnancy. This leave will run concurrently when applicable with any other eligible leaves. See full Pregnancy Disability Leave policy for details.

Jury Duty
Employees called to serve on a jury receive their regular salary while serving. Before reporting for jury duty, employees should advise their supervisor.

Leave Payout
Annual Vacation Payouts
This benefit, available to Public Works Supervisors and Public Works/Clerical employees, allows conversion of vacation leave to cash. Employees can cash out a specified number of hours and must submit requests in December for payout the following year. See MOU for specific details.

Unused Sick Leave Upon Retirement
Sick leave is converted to service credit with PERS upon retirement from the Town. To receive sick leave credit, your retirement date must be within 120 days of the date of separation from the Town.

Additionally:

Unrepresented, Public Works Supervisors and Police employees hired prior to 3/1/02 After 10 years of continuous service, employees who retire into PERS can choose:
-130-

Page 12 of 14 ends

• To be compensated at their regular hourly rate of pay for 25% of their unused sick leave up to 240 hours. The remainder of unused sick leave will be converted into PERS service credit, or • To convert all accrued sick leave to PERS service credit.

Unrepresented, Public Works Supervisors and Police employees hired on or after 3/1/02 After 10 years of continuous service, employees who retire into PERS can choose:
• To convert their accrued sick leave, not to exceed a maximum of 240 hours, to their 457 Deferred Compensation account at their regular hourly rate of pay. All remaining time would be converted to PERS service credit, or
• To convert their accrued sick leave, not to exceed a maximum of 240 hours, to cash compensation at their regular hourly rate of pay. All remaining time would be converted to PERS service credit, or • To convert all accrued sick leave to PERS service credit.

10. Miscellaneous
Rental Assistance Program
Employees are eligible to apply for the Rental Assistance Program: any Town employee who moves into San Mateo County to a rental property (home, apartment or condominium) can apply for a loan of up to $10,000 for the costs associated with the rental amount. This could be used for rent and/or security deposit. The loan is forgiven over three years; if an employee separates from Town employment for any reason prior to the loan being forgiven, the employee will owe the remaining balance of the loan plus interest.

For more information, please contact Human Resources.

Tuition/Educational Expense Reimbursement
Unrepresented
Employees can be reimbursed up to $15,000 for participating in educational programs leading to a college degree. The City Manager must pre-approve any program. The reimbursement is provided in the form of a loan that is forgiven at a rate of $2,000 per calendar year. Eligible expenses include registration, tuition fees and books.

Reimbursements are made on the following basis:

Grade % Reimbursed
A 100%
B 80%
C 50%
Special Pay must be pre-approved by Department Head
Unrepresented
10% special pay for Information Technology duties and function. 5% to Assistant Engineer with registration as a Professional Engineer in the state of California Car Allowance
-131-

Page 13 of 14 ends

Due to the nature of the positions and in lieu of a pool vehicle, certain management positions are provided car allowances. The City Manager has the authority to make cost of living adjustments. Current position listing and allowances as of January 1, 2022 are as follows:

Position Bi-weekly
Allow
City Manager $158.61
Asst City Manager $158.61
Director of Finance $158.61
Asst Director of Finance $158.61
Director of Public Works $192.47
Deputy Director Public
Works
$158.61
City Engineer $158.61
Chief Building Official $158.61
Director of Planning &
Building
$158.61
Asst Director of
Building/Planning
$158.61
Computer and Internet Connection Allowance
The Town has determined that providing equipment to Executive employees for access to communication, files, programs and projects located on office workstations is advantageous to the Town. The Town provides these employees with a remote connection to Town servers, enabling access to communication networks and office files.

Employees are eligible to receive up to $1,500 initially and bi-annually thereafter, and a monthly internet allowance up to $50. Details of the program are outlined in Policy No. 112. Above reimbursements can be made by completing a Personnel Action Form (PAF).

Cell Phone Reimbursements
Town provides mobile phone allowances to certain positions, in lieu of carrying a Town-provided phone.

Current allowances are as follows:

Group A Group B
City Manager Police Captain
Assistant City Manager Police Lieutenant
Department Heads Communications Manager
Deputy Director Public Works Assistant Director of Finance PW Superintendent Assistant Director of Building & Planning Assistant PW Superintendent Budget Analyst
City Engineer Accountant
PW Supervisors Senior Accountant
PW Inspector City Clerk
Chief Building Official Deputy City Clerk
Human Resources Manager
Human Resources Specialist
Senior Management Analyst
Management Analyst
Management Assistant
Building Official
Building Inspectors
Planning Manager
Senior Planner
Associate Planner
Assistant Planner
-132-

Page 14 of 14 ends

Senior Civil Engineer
Associate Civil Engineer
Assistant Engineer
GIS Coordinator
GIS Technician
Employees may be reimbursed up to $100 every two years for new phone equipment. Complete a Personnel Action Form (PAF) to award or change the cell phone allowance. Details of the policy are outlined in Policy No. 114.
-133-

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF A TEN-FOOT-WIDE STORM DRAIN EASEMENT AT 145 PINEHILL ROAD SUMMARY: The owners of 145 Pinehill Road recently extended a Town owned and maintained storm drain main along their property. The extension provided more usable land for private improvements approved under grading permit number GRD15-0012 and reduced the risk of erosion on the property. The current alignment of the pipe runs parallel to and five feet offset from the northern property line, where the owners of 145 Pinehill Road have offered to dedicate a ten foot wide storm drain easement. The easement would provide the Town access rights to operate and maintain the storm drain line.

A public agency may approve an irrevocable offer of dedication for any public purpose, including but not limited to, access rights to public utilities per section 7050 of the California Government Code.

The owners of 145 Pinehill Road, David and Lydia Lai, have prepared an irrevocable offer of dedication of a ten-foot-wide storm drain easement to the Town of Hillsborough. The subject easement documents have been checked for accuracy and staff recommends that the easement dedication be accepted. Upon acceptance of the easement by the Council, the City Engineer can then complete the map and recordation process. The areas proposed for dedication are as shown and described in the attachment to this report.

FISCAL IMPACT: This action will not create any new financial responsibility to the Town, and may relieve the Town of future maintenance costs.

ENVIRONMENTAL ISSUES: The proposed action accepting the easement is exempt from environmental review as the operation of an existing facility, a storm drain line, with no expansion of use, pursuant to CEQA Guideline 15301.

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution accepting the irrevocable offer of dedication of a tenfoot-wide storm drain easement at 145 Pinehill Road. -135-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF A TEN-FOOT-WIDE STORM DRAIN EASEMENT AT 145 PINEHILL ROAD
WHEREAS, the owners of 145 Pinehill Road (“Property”) extended an existing storm drain main within their property, parallel to and five feet offset from the northern property line; and
WHEREAS, the Town of Hillsborough (“Town”) operates and maintains this storm drain main; and
WHEREAS, the Town has determined a ten-foot-wide storm drain easement is required as no easement currently exists for the new section of storm main; and
WHEREAS, the Property owners desire to grant a ten-foot-wide storm drain easement to the Town, the Town desires to accept this easement as more specifically described and depicted in Exhibits A and B; and WHEREAS, Section 7050 of the California Government Code allows a public agency to approve an irrevocable offer of dedication for any public purpose, including but not limited to, access rights to public utilities; and WHEREAS, upon the acceptance of the irrevocable offer of dedication of a ten-footwide storm drain easement, the new alignment of the storm drain main will be located within the easement and the Town will have access to operate and maintain the infrastructure within this easement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Hillsborough as follows:

1. The dedication of the ten-foot-wide storm drain easement located at 145 Pinehill Road, depicted and described in Exhibits A and B, is hereby accepted.

2. The City Clerk is hereby authorized and directed to record a certified copy of this resolution with the County Recorder of the County of San Mateo.

3. The City Manager is hereby authorized to take any and all actions necessary and execute any and all documents required to effectuate the purposes of this Resolution including, without limitation, recordation of a resolution of execution of a certificate of acceptance of the ten-foot-wide storm drain easement.

Mayor of the Town of Hillsborough
Attest: City Clerk
-136-
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 11th day of April 2022, by the following vote of the members thereof:

AYES: Councilmembers ______________________________________ NOES: Councilmembers
ABSENT: Councilmembers _____
ABSTAIN: Councilmembers ____
-137-
-138-
-139-

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

CITY COUNCIL MEETING
APRIL 11, 2022

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

EXECUTE A FUND RESERVATION AGREEMENT WITH PENINSULA CLEAN ENERGY AUTHORITY IN THE AMOUNT OF $55,000 AND AWARDING AN ELECTRIC VEHICLE CHARGING PROJECT TO CHARLES ELECTRIC IN THE AMOUNT OF $103,500.00 SUMMARY: The Public Works Department is provides full service operations for essential services to the community by delivering water, sewer, storm, street, and facility services to the residents of Hillsborough. Engineering and construction support is also located within the Public Works Department. The Department as an essential facility that maintains a corporation yard at 1320 La Honda Road. The Department has 42 vehicles that are predominantly gasoline and diesel engine vehicles. As part of the Town’s goals to improve efficiency, reduce carbon emissions, and utilize current technologies to modernize equipment, six electric vehicles have been ordered to replace ageing gas vehicles. The Corporation Yard does have its own gasoline and diesel fuel station but does not currently have electric vehicle charging stations available for public or private vehicles.

The Town’s Public Works staff started working with consultants assigned by Peninsula Clean Energy Authority(PCEA) in July of 2021 to design and procure electric vehicle charging equipment.

Electric vehicle chargers can be designed and programmed to provide services to Town owned vehicles, employee owned vehicles, and private vehicles of guests to the public facility. Providing this service not only reduces carbon emissions by the Town’s own fleet of vehicles, but also helps reduce emissions of employees who commute to and from the workplace as they will have the option to pay for charging while their vehicles are parked at work. A complete design package and procurement solution was prepared by PCEA based on the Town’s current needs, as well as upcoming needs anticipated in the future. Several options were provided, and the Town chose the option that provided immediate coverage for the current vehicles on order, and provided flexibility for quick conversion for future vehicles anticipated as the shift from gas to electric vehicles continues. As part of the design solution, PCEA is providing grant incentive rebate funding of $55,000 towards the design, construction, and implementation of the EV chargers at the Corporation Yard. The project will construct 10 Level 2 electrical vehicle charging stations, and 15 ‘make ready’ Level 2 locations for future charging stations. The ‘make ready’ installations will have all the necessary conduit, wiring, and circuitry installed underground to allow for rapid installation of future chargers when the need arises. The solution chosen also maximizes the current grant incentive available through PCEA. Peninsula Clean Energy Authority has reduced risks to the Town by assigning a design engineer and electrical engineer to the project. The design of the charging units, along with assessing current electrical sources, sizing, and confirming the required electrical panels were part of a design solution provided to the Town. PCEA’s involvement and knowledge helped substantially bring down costs, streamline procurement, and reduce the amount of time required by Town staff to procure electric charging stations. -141-
Agenda Staff Report - Hillsborough City Council
April 11, 2022

Page 2 ends

PCEA hosted a portal on their website on January 25, 2022 and started the process of advertising the project and inviting qualified electrical contractors to review plans and prepare bids. Town staff also e-mailed electrical contractors who are on the Town’s informal bidders list per HMC 3.10.030.

The project was available to any licensed, union, qualified electrical contractor bidding at prevailing wage rates.

The Town received three bids for this project from licensed electrical contractors. The bid results are presented below

BID CONTRACTOR
$ 103,500.00 Charles Electric
$ 154,950.00 A.S.F Electric, Inc.
$ 299,975.00 Tennyson Electric Inc.

Staff conducted an analysis of the bid submittal and verified that the low bidder’s qualifications and experience level are satisfactory to perform all work associated with this project.

FISCAL IMPACT: The Town will be responsible for the cost difference between the bid amount and the grant of $55,000 provided by PCEA. Based on the low responsible bid submitted of $103,500.00, that amount is $ 69,200.00 which includes a 20% contingency. Future annual savings will be realized, as the cost for electric to charge new electric vehicles are substantially lower than comparable gas vehicles.

ENVIRONMENTAL ISSUES: The City Council’s action is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guideline 15301 as the operating of an existing public facility with negligible or no expansion of use. Further, it is also exempt under CEQA Guideline 15311 as the construction, or placement of minor structures accessory to (appurtenant to) existing structures.

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a fund reservation agreement with Peninsula Clean Authority in the amount $55,000, and award the project to Charles Electric for $103,500.00 and approve a 20% contingency, for a total allocation of $124,200.00.
-142-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FUND

RESERVATION AGREEMENT WITH PENINSULA CLEAN ENERGY AUTHORITY IN THE AMOUNT OF $55,000 AND AWARDING AN ELECTRIC VEHICLE CHARGING PROJECT TO CHARLES ELECTRIC IN THE AMOUNT OF $103,500.00 WHEREAS, Town of Hillsborough (“Town”) has demonstrated its commitment to a sustainable and resilient future through its policy goals and actions, including energy reduction, clean energy programs, and the expansion of local renewable power supply, and
WHEREAS, the city Council adopted the Town’s Climate Action Plan (“Plan”) to reduce greenhouse gas emissions by 80% of Town’s 2000 emissions level by 2050, and
WHEREAS, the Town Plan sets the goals of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities, creating a resilient, safe, connected, and prepared city and being a global leader in addressing climate change, advancing environmental justice, and protecting the environment, and
WHEREAS, the Project was advertised on the Peninsula Clean Energy Authority (PCEA) website where qualified electrical contractors were directly contacted through PCEA’s prequalified bidder’s list that have experience completing similar types of projects; and
WHEREAS, the Project was open for public bidding to any qualified electrical contractor submitting bids at prevailing wage rates, and WHEREAS, the Town provided PCEA’s bid package and tours of the Public Works facility to interested bidders and contractors; and
WHEREAS, three electrical contractors proficient in this type of construction submitted bids; and
WHEREAS, staff conducted an analysis of the proposals, and verified that the low bidder’s qualifications and experience levels are satisfactory; and WHEREAS, grant funding will be reserved from PCEA in the amount of $55,000; and WHEREAS, funding for the remaining balance will be allocated from the Public Works Solar and Energy Efficiency Improvements program (Capital Improvement Plan #515.00).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to Execute a Fund Reservation Agreement with peninsula Clean Energy Authority in the amount of -143-
$55,000 and award an Electric Vehicle Charging project to Charles Electric for $103,500.00 allocating funds from the Public Works Solar and Energy Efficiency Improvements Program (Capital Improvement Plan #515.00), and approve a 20% contingency, if needed.

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 11th day of April 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-144-

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: ACCEPTANCE OF THE 2021 GENERAL PLAN ANNUAL PROGRESS REPORT
SUMMARY:

General Plan
The General Plan is a local government's long-term blueprint outlining the community's vision for the jurisdiction. Every jurisdiction in California is required to adopt a comprehensive, long-term general plan, and all land use approvals and decisions made by the jurisdiction must be consistent with that General Plan.

The Town's General Plan includes the following six chapters, referred to by the State as “elements”:
• Housing
• Land Use
• Circulation
• Open Space & Conservation
• Public Safety
• Noise
Typically, General Plans are updated approximately every 15 years, and the Town’s current General Plan was revised and adopted by the City Council on March 14, 2005. However, under California law every jurisdiction in the State is required to update the Housing Element of its General Plan every eight years. The Town’s current Housing Element was adopted by the City Council on October 13, 2014.

The Housing Element is a chapter of the General Plan that outlines a community's housing plans and the polices the community has in place to ensure that they will achieve their plan's goals.

While cities don’t build housing themselves, they do create the rules that affect where housing can be built, how much, and how it gets approved.

On June 14, 2021, the City Council reviewed the proposed work plan for the Town’s 2023-2031 Housing Element Update process, including the formation of an advisory committee to help the Town update its Housing Element. The Housing Element Advisory Committee (HEAC) will review and provide feedback on draft Element components, attend and participate in HEAC meetings, and spread the word about community engagement opportunities. More information about the Housing Element Update process and the HEAC can be found at https://hillsborough-housing-planningelement-update-hlplanning.hub.arcgis.com/ -145-
Agenda Staff Report – Hillsborough City Council
April 11, 2022

Page 2 ends

Annual Progress Report Overview
Government Code § 65400 and § 65700 mandate that all cities and counties submit an Annual Progress Report (APR) on the status of their General Plan and their progress in its implementation to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) each year. Jurisdictions must also provide this report to their legislative body for acceptance. Staff has submitted a draft of this report to OPR and HCD by the by April 1 deadline.

The APR is intended to ensure that the goals, policies, and action items of the jurisdiction’s General Plan are being implemented and that progress is being in made in meeting the required number of new units identified in the jurisdiction’s Housing Element. Additionally, in 2019 an update to the Surplus Land Act (Government Code § 54220 et seq.) was signed into law, requiring local agencies to include in their APRs specified information relating to surplus lands, beginning with the 2021 report.

Housing Element APR
The Housing Element portion of the APR fulfills statutory requirements to report certain housing information, including the Town’s progress in meeting its share of the area’s Regional Housing Need Allocation (RHNA, pronounced ree-nuh). This allocation is given to the region by the State every eight years, and is a portion of that allocation is then assigned to each jurisdiction by the Association of Bay Area Governments (ABAG). The nine-county Bay Area region is currently in the fifth cycle of (RHNA 5) which runs from 2014-2022.

The Town of Hillsborough’s current RHNA 5 allocation is 91 net new units. Per the RHNA 5 assignment, 70 of these units must be at affordable levels, meaning they must be accessible to very low, low- and moderate-income households (up to 120% of the Area Median Income or “AMI”). The remaining 21 units must be available to above moderate-income households (120% AMI and above).

The Town is one of very few jurisdictions in the Bay on track to meet their RHNA 5 allocation goals.

Below is an outline of the Town’s progress to date:
• TOTAL UNITS: Exceeded Target
Between January 1, 2014-December 31, 2021, the Town has issued permits for 192 net new units, exceeding the number of total units required by more than double. • LOW-INCOME UNITS: Exceeded Target
The Town has met the 70-unit RHNA requirement for the very low, low- and moderateincome categories through the development of ADUs (discussed in greater detail, below). In 2021 the Town received 89 ADU applications, issued land-use entitlements for 82 ADUs, and issued building permits for 64 ADUs, significantly exceeding the RHNA 5 target for this unit type.
-146-
Agenda Staff Report – Hillsborough City Council
April 11, 2022

Page 3 ends

• ABOVE-MODERATE INCOME UNITS: Exceeded Target
To date the Town has issued permits for 30 of the 21 above-moderate units needed by the end of 2022, primarily through the development of net new single-family homes on vacant lots (note that this is not one-for one replacement on previously developed lots).

Methodology for Determining Housing Affordability
As a part of their support of jurisdictions in San Mateo County during the RHNA 5 Housing Element Update process, the firm of Baird + Driskell (staff to the 21 Elements effort) prepared a 2014 report on the affordability of ADUs in the county. According to the report:
• 25-60 percent of ADUs are affordable to very low-income households; • 15-20 percent of ADUs are affordable to low income households; and • 10-20 percent of ADUs are affordable to moderate income households.

Using this data, for the RHNA 5 cycle the Town has estimated that 75 percent of ADUs constructed in the Town will be affordable for lower-income households. For purposes of RHNA 5 annual reporting the Town has distributed that 75% evenly across the three income categories, as follows:
• 25% to very low-income households;
• 25% to low-income households; and
• 25% to moderate income households.

In an effort to obtain more granular, local data, each year the Town also surveys all property owners who have built an ADU in the previous year. The survey asks for information on the intended use and potential rental rate of the ADU. The survey is not compulsory, however, and completed surveys are rarely returned making a valid statistical analysis essentially unachievable.

For this reason, during the RHNA 5 period of 2014-2022 the Town has opted to utilize the methodology outlined above.

General Plan APR
Each element of Town’s General Plan identifies implementation tasks which are intended to assist the Town in achieving the goals and objectives of that element, and the General Plan as a whole.

These tasks have subsequently been assigned to various City departments, based on the skills needed for task completion.

Each department is responsible for tracking progress as implementation is rolled out, and reporting that progress to the Building and Planning Department at the beginning of each calendar year.

Attachment 2 is an overview of key implementation efforts over the past calendar year.

Surplus Land APR
The 2019 California Legislative Session added over 30 new bills in response to the State’s worsening housing crisis, with some bills easing development regulations and compelling jurisdictions to make fee and land information readily available to potential developers. In particular, AB 1486 (Ting) and AB 1255 (Rivas), expanded the Surplus Land Act, adding new reporting requirements that will subject agencies to penalties for noncompliance.

The amended statute requires that, on or before December 31 of each year, each county and city in the state must: “make a central inventory of all surplus land … within the jurisdiction of the -147-
Agenda Staff Report – Hillsborough City Council
April 11, 2022

Page 4 ends

county or city that the county or city or any of its departments, agencies, or authorities owns or controls” (the “Inventory List”), and immediately thereafter make the Inventory List available, without charge, to those who request it.” Pursuant to newly amended Government Code § 54230(a)(2), the Town must also submit the Inventory List to HCD by April 1, each year, as a part of their APR.

At the December 14, 2020 City Council meeting a resolution was adopted declaring two small buffer strips and two landscaped islands as town-owned, non-exempt surplus properties. These small remnant parcels are now also listed in the APR, as required by state law. The two landscaped islands are not Hillsborough Beautification Foundation (HBF) projects. No additional properties were added to the surplus land inventory in 2021.

FISCAL IMPACT: There is no fiscal impact associated with the preparation and consideration of the 2021 General Plan Annual Progress Report.

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.

ATTACHMENTS:

1. Draft 2021 General Plan & Housing Element Annual Progress Report (APRs)

2. General Plan Implementation Summary

3. Surplus Land Inventory List
PREPARED BY:

Liz Ruess, Long-range Planning & Special Projects
Sarah A. Fleming, AICP, Director of Building & Planning RECOMMENDATION: Accept the 2021 General Plan Annual Progress Report. -148-
Jurisdiction Hillsborough
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 24
Deed Restricted 0
Non-Deed Restricted 18
Deed Restricted 0
Non-Deed Restricted 13
9 64
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 2 0 5
2 to 4 0 0 0
5+ 0 0 0
ADU 82 64 12
MH 0 0 0
Total 84 64 17
90 90
53 0
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
-149-
ATTACHMENT 1
-150-
Policy No./ Action No. Policy/Action Responsible Dept. Status/Implementation Land Use Element
Action LU 1.1
The ADRB will apply the
Hillsborough Residential Design
Guidelines when reviewing new
construction and significant
remodeling.

ADRB, Building and
Planning Department Ongoing
Action LU 1.2
The Town will enforce its Residential
Landscaping requirements to
maintain the attractive visual
character of Hillsborough, as well as
to promote water conservation.

ADRB, Building and
Planning Department
Ongoing ‐ In 2016 the Town adopted
an updated Water Efficient
Landscape Ordinance (WELO).

Action LU 1.3
The Town will enforce its Nuisance
Ordinance, which allows for the
clean‐up of overgrown properties
that pose a safety hazard or create a
visual nuisance inconsistent with
the character of Hillsborough.

Code Enforcement Ongoing
Action LU 2.1
The Town will enforce the
Construction Management
Ordinance to ensure the timely
completion of construction projects.

Building and Planning
Department
Ongoing ‐ Building Division continues
to conduct Bi‐monthly monitoring.

Action LU 2.2
The Town will explore methods to
clarify for the public the Town’s
various development review and
construction processes.

Planning & Building
Department
Ongoing ‐ Building and Planning
Department continues to host annual
Design, Permitting and Construction
Forum for residents and design
professionals.

Action LU 3.1
The Town will provide for public
review and involvement prior to
approval of any proposed change to
the conditions of a private school
permit.

Building and Planning
Department
Ongoing ‐ As per HMC 17.16.030 any
amendments to a permit to operate
shall be referred to the city council.

Amendments requiring design review
shall first be reviewed by the ADRB,
then referred to the City Council.

Action LU 3.2
The Town will provide notice to the
HCSD when a private school
proposes new development or a
change to operations so that the
District may comment on the
proposal.

Building and Planning
Department Ongoing
Action LU 4.1
The Town will continue to utilize its
budget planning process to ensure
that Town‐provided services are
maintained at a level that meets the
community’s needs.

Building and Planning
Department
Ongoing ‐ Adopted balanced budget.

Conducted Rate Studies and
Increased Rates where needed. All
services are funded and there has
been no decrease in service despite
weak economy from COVID 19
CY 2021 General Plan Annual Implementation Progress Report -151-
ATTACHMENT 2
Action LU 4.3
The Town will support the HCSD in
the preparation and
implementation of its Facilities
Master Plan.

Building and Planning
Department Ongoing
Action LU 4.4
The Public Works Department will
continue to monitor water and
sewer distribution and collection
lines to determine those needing
repair and provide needed repair, as
feasible.

City Council, Public
Works/Engineering
Department
Ongoing
Action LU 4.5
The Town will continue to
implement the Recycling of
Construction and Demolition
Ordinance to minimize the amount
of construction debris disposed of in
the landfill.

Public Works
Director/Building &
Planning Department
Ongoing
Action LU 4.6
The Town will continue to contract
for the collection of household
recycling from each home on a
regular basis. When renewing or
amending the contract,
consideration will be given to the
need to meet the State’s 50%
diversion requirements for solid
waste, the ease of pick‐up, hours of
collection, visual design of recycling
containers, location where
containers are collected for pick‐up
and overall cost for recycling
collection.

Public Works Director The Town has achieved a diversion rate of 73.4% for the 2021 CY.

Action LU 4.7
For Town contracted services, the
Town will utilize the contract
negotiation process to ensure that
the specific needs of the community
for various services, such as
telecommunications, library and
refuse collection, will be met by the
selected service provided.

Department Heads Ongoing
Circulation Element
Action C 1.1
The Public Works Department will
continue to utilize the Pavement
Management System to plan for the
on‐going maintenance of the Town’s
roadways.

Public
Works/Engineering Ongoing
-152-
Action C 1.2
The Police Department will monitor
accident reports and complaints to
identify locations that are at high
risk for accidents. They will work
with the Public Works Department
to identify and implement
appropriate improvements to
reduce the incident of accidents.

Police, Public
Works/Engineering Ongoing
Action C 2.1
The Town will work with SM County,
the SFPUC and Caltrans to
implement feasible improvements
at the intersection of Black
Mountain Road/Hayne Road/Skyline
Blvd. to improve traffic flow or limit
the amount of regional cut‐through
traffic traveling into the Town. Such
improvements might include adding
a separate eastbound left‐turn land
and a separate shared through/right‐
turn lane. The Town may consider
adoption of traffic impact fees to
fund the Town’s share of
improvements.

Police, Public
Works/Engineering
Improvements at the intersection of
BlackMountain Road/Hayne
Road/Skyline Blvd. to improve traffic
flow or limit the amount of regional
cut‐through traffic traveling into the
Town are complete.

Action C 2.2
The Town will work with HCSD
through the District’s Facility Master
Plan process to identify roadway
improvements for site access and on‐
site circulation at the schools, as
well as explore and implement
traffic control programs to reduce
congestion in the area around the
public schools. The Town will also
work with the District to identify
and implement short‐term
measures, such as providing
additional police presence, to
address traffic congestion until long‐
term improvements are made.

Police, Public
Works/Engineering Ongoing
Action C 2.3
The Town will work with the School
District and local private schools to
develop a network for parents to
facilitate organizing carpools as well
as encouraging safe walking and
biking.

Police Ongoing
-153-
Action C 2.4
The Town will identify minimum
Levels of Service for intersections
and roadways shared with adjacent
communities and pursue
agreements with adjacent
communities to maintain those
intersections at the agreed upon
Level of Service.

Police, Public
Works/Engineering Ongoing
Action C 2.5
While accepting a lower Level of
Service where appropriate, the
Town will monitor every 5 years via
traffic counts roadway segments or
intersections that are operating at
LOS D or lower. The Town will
explore feasible mitigation
measures to reduce congestion at
these locations.

Public
Works/Engineering Ongoing
Action C 3.1
The Town will review all
construction plans for conformance
with Municipal Code parking
requirements.

Building & Planning
Department Ongoing
Action C 3.2 The Town will update the parking
strip requirement.

Public
Works/Engineering Completed in 2010
Action C 4.1
The Town will coordinate with the
School District and other entities to
develop “Suggested Routes to
School Plans” for all public and
private schools in the Town. Plans
shall identify all pedestrian and
bicycle facilities, and traffic control
devices for residents to determine
the most appropriate travel routes.

The plans shall also identify existing
easements for potential use for off‐
street pedestrian pathways.

Police Ongoing
-154-
Action C 5.1
The Town will pursue the creation of
an off‐street bicycle trail along
Crystal Springs Road, consistent
with the County’s Trail Plan and
Bicycle Route Plan. In this effort, the
Town will work with current
property owners, including the
SFPUC, to incorporate the trail into
future development along the route.

The Town will recommend that the
County of San Mateo research,
identify and compete for available
funding to assist with the
completion of the trail. Hillsborough
will also request that the County
and C/CAG study feasible
alignments that would avoid
negatively impacting sensitive
biological resources located along
San Mateo Creek.

Building and Planning
Department/Public
Works/Engineering
With development proposals along
Crystal Springs Road
Action C 5.2 The Town will develop a
community awareness program to
encourage local use of safer bicycle
routes, including referring residents
to the C/CAG Bicycle and Pedestrian
Advisory Committee’s bicycle route
map. The Town will include bicycle
and pedestrian safety and
enforcement when developing
community awareness programs.

Police Ongoing
Action OSC 1.1
The Town will continue to cooperate
with the HCSD through their Joint
Powers Agreement to maintain the
Hillsborough Recreation
Department.

City Council, City
Manager
Continued partnership and
involvement in the Board,
advertisement of Recreation
programs in the Town
communications as well as funding
Action OSC 1.2
The Town will adopt an ordinance in
compliance with the Quimby Act to
require new development to
provide land dedication and/or in‐
lieu fees in the amount equal to 3
acres of parkland per 1,000 new
residents.

Building and Planning
Department Adopted in 2006
Open Space and Conservation Element
-155-
Action OSC 3.1
The Town will evaluate the Tree
Removal Ordinance to recognize the
need to allow for a system of
gradual replacement of important
trees as they age to ensure that
there is a mixture of healthy trees in
the community and that there is not
a period during which all of the
trees die of old age at the same
time.

Building and Planning
Department
In 2017 The Town implemented a
reduced fee for tree
removal/replacement permits for
trees damaged during the drought.

Action OSC 3.2
The Public Works Department will
be responsible for maintaining the
health of trees on public property as
necessary. Trees on private
properties should be maintained by
property owners.

Public Works/Code
Enforcement Under Review
Action OSC 3.3
The Town will continue to direct
residents to the procedures in the
Voluntary Resolution of Disputes
Regarding Trees and Views
Ordinance to allow neighbors to
come to agreement on a balance
between the desire for larger trees
and preservation of views.

City Manager, Code
Enforcement
Continued public education on best
practices regarding working with
neighbors on tree removals
Action OSC 3.4
The Town will provide information
to residents on how to reduce the
impact of deer on private property,
such as planting vegetation that
deer generally dislike and fencing.

Residents will be reminded that it is
illegal to feed deer and that it poses
a risk.

Building & Planning
Department
As applicable and through landscape
application plan review.

Action OSC 4.1
The Town will adopt and implement
a Creek Protection Ordinance to
ensure that new development does
not have a negative impact on
creeks and streams.

Public
Works/Engineering
Town complies with CEQA
requirements.

Action OSC 4.2
The Town will continue to
participate in the San Mateo
Stormwater Pollution Prevention
Program
Public
Works/Engineering,
Building and Planning
Department
Ongoing
Action OSC 4.3
The Town will encourage property
owners to incorporate water
conservation techniques into their
landscaping to reduce water usage.

City Council, Public
Works, Building and
Planning Department,
Newsletter
Regular water conservation tips and
reminders (in coordination with
BAWSCA) regularly published in
Town communications
Action OSC 5.1 The Town will continue to enforce
the Historic Preservation Ordinance.

Building and Planning
Department Ongoing
-156-
Action OSC 5.2
The Town will require projects
subject to CEQA to analyze impacts
to cultural resources per state law.

Building and Planning
Department Ongoing
Action OSC 5.3
The Town will require construction
projects to stop if archaeological or
paleontological resources are
uncovered during grading or other
on‐site excavation activities.

Building and Planning
Department Ongoing
Public Safety Element
Action PS 1.1
The Central County Fire Department
will review plans for all new
buildings and major additions and
make recommendations for
modifications to reduce fire hazard.

Fire
Ongoing – plans are reviewed for fire
access capabilities, water supply and
fire sprinklers, and landscape
projects within WUI area
Action PS 1.2
When property owners are not
correctly maintaining their property,
the Town will implement fire control
maintenance measures as needed,
provide necessary fire prevention
improvements on properties that
pose a public safety threat, and pass
the costs on to the owners.

Fire
Ongoing – Adopted ordinances for
code and wildland‐urban interface
enforcement outline actions to
ensure safety risk is reduced
Action PS 1.3
The Town will work with the Central
County Fire Department to review
and update, if necessary, the Town’s
and Department’s regulations and
approach regarding fire protection
to ensure adequate fire protection.

Fire
Ongoing – 2019 California codes
were adopted by local municipal
code that includes fire protection
measures
Action PS 1.4
The Town will continue to work with
the Central County Fire Department
to ensure that regional approaches
to fire protection and suppression
are implemented in Hillsborough.

Fire
Ongoing – county‐wide dispatching
system provides emergency response
based on closest apparatus location
to incident
Action PS 2.2
The Town will continue to
implement its Hillside Lot Size
Ordinance.

Public
Works/Engineering Ongoing
Action PS 2.2
The Town will continue to require
construction plans for all new
houses to be reviewed by a
registered professional engineer.

Building and Planning
Department Ongoing
Action PS 3.1
The Town will review all new
building plans & substantial
renovations for compliance with the
UBC and any additional state or
federal seismic safety regulations
prior to permit approval.

Building and Planning
Department
Ongoing. The Town currently utilizes
the California Building Standards
Code (CBSC) or International Building
Code (IBC).
-157-
Action PS 3.2
The Town will distribute
information to residents on
emergency procedures in case of an
earthquake.

Fire
CCFD continues to provide
information to Town residents for all
hazards including earthquakes.

Encouraging residents to subscribe to
SMCAlert the county’s mass
notification system to receive real
time public safety information.

Zonehaven and the “Know Your
Zone” campaign is another platform
we encourage residents to familiarize
themselves with that provides real
time public safety information on a
map‐based website.

Action PS 4.1
The Town will continue to
participate in the National Flood
Insurance Program
Building and Planning
Department
Action PS 5.1
The Police Department will continue
to provide information on crime
prevention and community
outreach.

Police Ongoing
Action PS 5.2
The Town will continue to support
the Bay Area Air Quality
Management District in monitoring
air pollutants.

City Council, City
Manager
Continued to promote spare the air
day and related announcements in
Town communications
Action PS 5.3
The Town will continue to promote
energy conservation by the public
and private sectors.

City Council, City
Manager, Building and
Planning, Public Works
Departments; Newsletter
Regular announcements about
energy conservation, rebates, and
utilization of clean energy in
"Sustainability Corner" of Town e‐
Announcements
Action PS 5.4
The Town will work with the County
to offer a periodic drop‐off program
for household hazardous waste and
distribute information on
alternative non‐toxic landscaping
treatments, especially to the
Country Club and schools.

Public Works/Recycling
Specialist
Annual e‐waste event sponsored
with SBWMA; battery drop‐off
located at Town Hall; Integrated Pest
Management Plan kept up to date
with current practices
Action PS 6.1
The Town will develop a local
emergency preparedness plan that
identifies a city chain of command,
outlines an action checklist and
coordinates with the SM County
Emergency Operations Plan.

Fire
Ongoing ‐ the joint
Hillsborough/Burlingame Emergency
Operations Plan outlines emergency
preparedness and response on a
local level
-158-
Action PS 6.2
The Town will provide community
awareness and education programs
for citizens describing procedures
and evacuation routes to be
followed in the event of a disaster.

Fire/Police
San Mateo County now utilizes a real
time public safety platform
‘Zonehaven’ that provides real time
emergency information on a map‐
based website. The “Know Your
Zone” public education campaign
was launched in November 2020.

This platform allows first responders
to identify and direct individuals on
procedures and evacuation routes
following an incident. This platform
will be exercised in the periodic local
and countywide emergency
functional drills.

Action PS 6.3
The Town will conduct periodic drills
using emergency response systems
to test the effectiveness of the
Town’s procedures.

Fire
Annually: Coordinated and
performed jointly with the CCFD and
the City of Burlingame to staff a
FEMA approved single Emergency
Operations Center (EOC). CCFD,
Burlingame and the Town follow the
SEMS/NIMS guidelines for Homeland
Security Exercise and Evaluation
Program (HSEEP) in conducting
annual workshops, seminars, drills,
and exercises within the Town and in
coordination with the county and the
region that include CERTs,
neighborhood network groups and
community members. These drills
include testing of emergency
communications and scenario based
incident response.

Noise Element
Action N 1.1
The Town will continue to advocate
that noise abatement measures are
taken by Caltrans for Caltrans
roadways affecting the Town,
whenever feasible.

Public
Works/Engineering Ongoing
Action N 1.2
The Town will continue to enforce
the Noise Ordinance, Response to
Unruly Gatherings Ordinance and
Toy Ordinance.

Police Ongoing
Action N 1.3
The Police Department will continue
to enforce the California Vehicle
Code pertaining to noise standards
for cars, trucks, and motorcycles.

Police Ongoing
-159-
Action N 2.1
The Town will continue to
participate on the
Airport/Community Roundtable and
coordinate with the SFO Airport
Land Use Commission and SFO’s
Aircraft Noise Abatement Office.

City Council, City
Manager
Mayor sits on SFO roundtable to
represent the Town of Hillsborough
Action N 2.2
The Town will cooperate with the
Comprehensive Airport Land Use
Plans’ requirements for review of
proposed land use policy actions
within land influenced by airports.

Building and Planning
Department When applicable
-160-
Jurisdiction Hillsborough
Reporting Period 2021
(Jan. 1 - Dec.
31)
Designation Size Notes
1 2 3 45 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
027-340-260 Armsby @ Jackling (Buffer Strip) Vacant Surplus Land 0.02 027-340-270 Armsby @ Jackling (Border w/ Burlingame) Vacant Surplus Land 0.07 030-233-010 Knollcrest (Landscape Island) Vacant Surplus Land 0.08 030-233-010 Cornelia/Whitwell (Landscape Island) Vacant Surplus Land 0.06 Summary Row: Start Data Entry Below
Parcel Identifier
Table H
Locally Owned Surplus Sites

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
F
Note: No additional sites added since the 2020 APR
-161-
ATTACHMENT 3

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361
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 COVID19 and including reference in particular to Cal-OSHA regulation 3205 which recommends physical -163-
Agenda Staff Report - Hillsborough City Council
April 11, 2022

Page 2 ends

distancing in the workplace. The adoption of this resolution was consistent with enacted Assembly Bill (AB) 361.

The City Council reconfirmed the findings of Resolution No. 21-87 on November 8, 2021, November 22, 2021, December 13, 2021, January 10, 2022, February 14, 2022 and March 14, 2022 as required by AB 361.

On March 14, 2022, the City Council also provided direction to staff on a planned hybrid meeting approach beginning with the April 11, 2022 City Council meeting.

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.

At this time, staff is recommending a reconfirmation of the findings contained in Resolution No. 21- 87 to ensure that there is no gap in the ability of the City Council, boards and committees to attend virtually as necessary.

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. The move to hybrid meetings required additional technical equipment which has been purchased and installed.

ENVIRONMENTAL ISSUES: The City Council’s reconfirmation of the findings 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.

ATTACHMENTS: Resolution No. 21-87
PREPARED BY: Christopher J. Diaz
RECOMMENDATION: Approve a motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361.
-164-
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:
-165-

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

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

3. This resolution shall become effective upon adoption.

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

AYES: Councilmembers Royse, Kralik, Chuang, Cole
NOES: Councilmembers None
-------------------
ABSENT: Councilmembers Ma
-~-----------------
ABSTAIN: Councilmembers None
-------------------
-166-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
13 PUBLIC HEARING

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: ADOPTION OF AN ORDINANCE AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE HILLSBOROUGH MUNICIPAL CODE, CHAPTER 15.10 (ENERGY CODE), BY ADDING SECTION 15.10.050 (ENERGY REACH CODE) AND AMENDING BY REFERENCE THE 2019 CALIFORNIA ENERGY CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 6) AND FINDING THE ACTION TO BE EXEMPT FROM CEQA SUMMARY: At the March 14, 2022 City Council meeting, by unanimous vote, the City Council introduced and waived further reading of an ordinance amending the Hillsborough Municipal Code related to new low-rise residential construction to require that space heating and water heating appliances be required to be electric and cooking and clothes drying appliances using natural gas or propane be required to be prewired for a future electric replacement appliance.

The introduction of the ordinance followed feedback received from the City Council at the February 14, 2022 City Council meeting, directing staff to draft an All-Electric Preferred Mixed-Fuel Option Energy Reach Code Ordinance for City Council consideration.

At the February 14, 2022, City Council meeting staff from the Building & Planning Department provided an update on the Department’s progress on development of an Energy Reach Code Ordinance. Staff provided an overview of three reach code options (Gas Ban, All-Electric Required, and All-Electric Preferred), recommending that Council consider adoption of an All-Electric Preferred model with a mixed-fuel option. Out of the three models, the All-Electric Preferred model allows building designers and developers the greatest flexibility in building design while still addressing concerns greenhouse gas emission concerns related to the use of natural gas and propane.

As space heaters and water heaters are the largest gas-using appliances in a single-family dwelling, staff further provided the Council with two sub-options for consideration under this model:

1. Require all new single-family residential construction to implement an electric space heating or electric water heating appliance, or

2. Require all new single-family residential construction to implement an electric space heating and electric water heating appliance.

After discussion and deliberation, Council provided direction to staff to return at the March 14, 2022 City Council meeting with an All-Electric Preferred Mixed Fuel Option ordinance for introduction, with sub-option 2 which requires all new single-family residential construction to implement an electric space heating and electric water heating appliance. -167-
Agenda Staff Report - Hillsborough City Council
April 11, 2022

Page 2 ends

Town staff met with staff from Peninsula Clean Energy (PCE) to discuss any cost-effectiveness study requirements. Town staff were provided with the 2019 cost effectiveness study that has been used by several jurisdictions to support the adoption of a residential all-electric reach code ordinance (required or preferred), and PCE staff have indicated that the Town will likely not need to conduct an additional cost-effectiveness study or secure any additional approval from the California Energy Commission (CEC) as the CEC has deemed that such an ordinance is not an energy conservation or efficiency standard. Depending on choices made by the applicant, the cost savings may vary significantly. Applicants may select high efficiency systems that initially have a higher purchase cost and potential operational cost. Cost savings and energy savings are calculated on the entire efficiency of the dwelling.

Energy Reach Code Adoption Process; Required Findings
The State of California adopts statewide building standards that are organized in Title 24 of the California Code of Regulations, referred to as the California Building Standards Code. State law permits local jurisdictions to adopt local amendments that are more restrictive than the minimum statewide building standards if the local jurisdiction makes findings determining that the proposed changes are reasonably necessary because of local climatic, geologic, or topographical conditions.

This section describes the findings that support the proposed ordinance.

The proposed Energy Reach Code would amend the 2019 California Energy Code in order to reduce the GHG emissions associated with natural gas production, transmission, and combustion within the Town of Hillsborough by requiring all new single-family residential construction to implement electric space heating and electric water heating appliances, unless the project meets performance-based requirements in the Energy Code. Greenhouse gas (GHG) emissions are a proven contributor to climate change, which is already impacting the Town of Hillsborough through increased wildfire risks. The following are the findings required to amend the 2019 California Energy Code:
• Climatic findings: In the Town, normally the months of May through September have no rain and abundant sun, drying out the great quantities of vegetation present everywhere in Town and providing an extensive fuel source for fires. Seasonal climatic conditions in and around the Town create severe fire hazards to the public health and welfare. Reducing greenhouse gas (GHG) emissions associated with natural gas is necessary to reduce the Hillsborough’s contribution to climate change, which is contributing to severe local climatic conditions. • Geologic findings: The Town’s western boundary is within a few miles of the San Andreas Fault, one of the major seismic faults running through California. An earthquake along the San Andreas Fault, or along any of the other numerous seismic faults elsewhere in the Bay Area, could break gas, electrical, and water lines, increasing the chance of fires and impairing the ability to fight them. Reducing the reliance on natural gas in new construction will decrease the risk of fires caused when gas lines rupture or break in seismic-related events. Experts have cautioned that one or more major earthquakes in the Bay Area, affecting the whole region, are inevitable and will probably happen sometime within the next several decades. -168-
Agenda Staff Report - Hillsborough City Council
April 11, 2022

Page 3 ends

• Topological findings: The Town’s hilly topography, numerous cul-de-sacs, winding narrow roads, numerous canyons, high proportion of landscaped areas to hardscape areas within the developed portions of the Town, and substantial areas of open space with dense, natural vegetation all mean that there are substantial areas throughout Town where urban and wildland areas abut and which have the potential for fires that could spread quickly over a wide area and threaten many homes and inhabitants.

The findings above demonstrate that the proposed Reach Code, which will reduce natural gas use, transmission, transportation and combustion within Hillsborough, are reasonably necessary to address climatic, geologic and topologic conditions in the Town.

When a local jurisdiction adopts or amends a code by reference, special procedures apply as set forth in Government Code, Section 50022.1 et seq. If the City Council decides to adopt the draft ordinance, state law (Government Code, Section 50022.3) requires the Council to schedule a public hearing on the proposed ordinance to coincide with the second reading. Staff has provided notice of this hearing as required by state law.

FISCAL IMPACT: There is no fiscal impact related to introduction of this ordinance; however, staff notes that there may be a negligible fiscal impact related to future ordinance enforcement. The Town has received a $10,000 grant from PCE to assist with project-related costs.

ENVIRONMENTAL ISSUES: The adoption of the ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in a physical change to the environment. In the event that this Ordinance is found to be a project under CEQA, it is exempt from further environmental review pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. In this circumstance, the proposed action would have no or only a de minimis effect on the environment by requiring all new single-family residential construction to implement electric space heating and electric water heating appliances unless the project meets the performance-based requirements in the Energy Code. The Ordinance is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the protection of the environment to reduce greenhouse gas emissions.

ATTACHMENTS: Ordinance
PREPARED BY: Tim Anderson, Assistant Director of Building & Planning RECOMMENDATION: Adopt the ordinance entitled “Ordinance of the City Council of the Town of Hillsborough Amending Title 15 (Buildings and Construction) of the Hillsborough Municipal Code, Chapter 15.10 (Energy Code), by Adding Section 15.10.050 (Energy Reach Code) and Amending by Reference the 2019 California Energy Code (California Code of Regulations, Title 24, Part 6) and Finding the Action to be Exempt from CEQA.”
-169-
ORDINANCE NO. _____

ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE
HILLSBOROUGH MUNICIPAL CODE, CHAPTER 15.10 (ENERGY CODE), BY ADDING SECTION 15.10.050 (ENERGY REACH CODE) AND AMENDING BY REFERENCE THE 2019 CALIFORNIA ENERGY CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 6) AND FINDING THE ACTION TO BE EXEMPT

FROM CEQA
THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH DOES ORDAIN as follows:

WHEREAS, the Town of Hillsborough, California (“Town”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2019 the Town of Hillsborough Received a grant in the amount of $10,000 from Peninsula Clean Energy (PCE) to study the adoption of reach codes within the Town; and WHEREAS, at the April 12, 2020, City Council meeting staff presented an informative report to the City Council on the PCE grant and received direction from Council to research the feasibility of developing Town reach codes; and
WHEREAS, at the April 12, 2021, City Council meeting staff presented the findings of their research and requested guidance from the Council regarding which of three reach code models to pursue; and
WHEREAS, at the February 14, 2022 City Council meeting staff provided an informative update on the status of reach code development and requested further guidance on two additional code options; and
WHEREAS, the at the February 14, 2022 City Council meeting the Council indicated their desire to amend the Town’s local regulatory scheme to adopt an All-Electric Preferred with Mixed Fuel Option Reach Code; and
WHEREAS, the Town of Hillsborough published notice of a public hearing for the adoption of the ordinance pursuant to California Government Code Section 6066 on March 25, 2022, and April 1, 2022; and
WHEREAS, at least one copy of the 2019 California Energy Code amended by this ordinance was available for public inspection at the office of the City Clerk fifteen (15) days preceding the public hearing pursuant to Government Code Section 50022.6; WHEREAS, the City Council held a duly noticed public hearing on April 11, 2022 to adopt an All Electric Preferred with Mixed Fuel Option Reach Code Ordinance; and WHEREAS, the California Building Standards Code, Title 24 of the California Code of Regulations, is updated every three years by the California Energy Commission (CEC) and the California Building Standards Commission (CBSC), and the most recent edition was published on -170-
July 1, 2019 and became effective throughout California on January 1, 2020; and WHEREAS, Part 6 of Title 24, called the California Energy Code, establishes energy standards for all new buildings constructed in California; and WHEREAS, California Health and Safety Code Section 17958.7 and 18941.5 authorize cities to adopt local modifications to the California Building Standards Code determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City Council of the Town of Hillsborough finds and declares that there are distinct and unique characteristics of the Town of Hillsborough with regard to local climatic, geological, or topographical conditions which make it desirable for reasons of public health, safety, and welfare to adopt the provisions of this ordinance, which provide more stringent standards than those which would otherwise apply under the 2019 California Energy Code, Sections 100.0, 100.1, and 150.0. Specifically, the Town of Hillsborough finds as follows:

I. CLIMATIC CONDITIONS.

In the Town, normally the months of May through September have no rain and abundant sun, drying out the great quantities of vegetation present everywhere in Town and providing an extensive fuel source for fires. Seasonal climatic conditions in and around the Town create severe fire hazards to the public health and welfare. Reducing greenhouse gas (GHG) emissions associated with natural gas is necessary to reduce the Hillsborough’s contribution to climate change, which is contributing to severe local climatic conditions.

II. GEOLOGICAL CONDITIONS.

The Town’s western boundary is within a few miles of the San Andreas Fault, one of the major seismic faults running through California. An earthquake along the San Andreas Fault, or along any of the other numerous seismic faults elsewhere in the Bay Area, could break gas, electrical, and water lines, increasing the chance of fires and impairing the ability to fight them.

Reducing the reliance on natural gas in new construction will decrease the risk of fires caused when gas lines rupture or break in seismic-related events. Experts have cautioned that one or more major earthquakes in the Bay Area, affecting the whole region, are inevitable and will probably happen sometime within the next several decades.

III. TOPOGRAPHICAL CONDITIONS.

The Town’s hilly topography, numerous cul-de-sacs, winding narrow roads, numerous canyons, high proportion of landscaped areas to hardscape areas within the developed portions of the Town, and substantial areas of open space with dense, natural vegetation all mean that there are substantial areas throughout Town where urban and wildland areas abut and which have the potential for fires that could spread quickly over a wide area and threaten many homes and inhabitants. Reducing the reliance on natural gas in new construction is necessary to reduce the Hillsborough’s contribution to climate change and increased risks of fires. -171-
WHEREAS, the City Council has reviewed and considered the public testimony and agenda reports prepared in connection with this ordinance, including the policy considerations discussed therein; and
NOW, THEREFORE, the City Council of the Town of Hillsborough does ordain as follows:

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

Section 2. The adoption of the ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in a physical change to the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. In this circumstance, the proposed action would have no or only a de minimis effect on the environment by requiring all new single-family residential construction to implement electric space heating and electric water heating appliances, unless the project meets the performance-based requirements in the Energy Code. The Ordinance is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the protection of the environment to reduce greenhouse gas emissions.

Section 3. Chapter 15.10 (Energy Code) of Title 15 (Buildings and Construction) of the Hillsborough Municipal Code, is hereby amended to add Section 15.10.050 (“Energy Reach Code”) as set forth in Exhibit A, attached hereto and incorporated herein by reference.

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

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

Section 6. The City Council hereby directs staff to prepare, execute and file with the San Mateo County Clerk a Notice of Exemption within five working days of first reading of this ordinance.

Section 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof. -172-
Section 9. The documents and materials that constitute the record of proceedings on which this Ordinance and the above findings have been based are located at 1600 Floribunda Avenue, Hillsborough, California, in the City Clerk Department.

Section 10. The Building Official is directed to file a copy of this ordinance with the California Building Standards Commission and the State Department of Housing and Community Development or other state agencies required by law.
__________________________________
Mayor of the Town of Hillsborough
______________________________
Attest: City Clerk
ORDINANCE NO. of the Town of Hillsborough introduced on March 14, 2022 and adopted on , 2022, by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-173-

EXHIBIT A
Amendments to Municipal Code
“15.10.050 - Energy Reach Code.

Notwithstanding the provisions of Section 15.10.020, the Energy Code is amended as follows:

A. Section 100.0 Scope under subsection (e)(2)(D)(i) Low-rise residential buildings is amended to read as follows:
i. Sections applicable. Sections 150.0 through 150.1 apply to newly constructed low-rise residential buildings and which shall be electrically heated mixed-fuel buildings as defined in Section 100.1(b).

B. Section 100.1(b) Definitions is amended by adding or amending the following definitions to read:
1) An “All-electric building” is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating, cooking appliances, and clothes drying appliances.
2) A “certified energy analyst” is a person registered as a Certified Energy Analyst with the California Association of Building Energy Consultants as of the date of submission of a Certificate of Compliance as required under Section 10.103 California Administrative Code- Part 1, Title 24
3) An “electrically heated mixed-fuel building” is a mixed-fuel building that uses electricity as the source of energy for its space heating and water heating appliances.
4) A “mixed-fuel building” is a building that is plumbed for the use of natural gas or propane as fuel for space heating, water heating, cooking appliances and/or clothes drying appliances.

C. The first sentence of Section 150.0 Mandatory features and devices, is amended to read as follows:

Low-rise residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(s).

D. Section 150.0(h) Space-conditioning equipment is amended by adding the following new subsection:
(h)(5) Systems using gas or propane space heating equipment to serve new residences, new detached accessory dwelling units, and new detached habitable structures are not permitted.

E. Section 150.0(n) Water heating system is amended by adding the following new subsection:
(n)(5) Systems using gas or propane water heaters to serve new residences, new detached accessory dwelling units, and new detached habitable structures are not permitted.

F. Section 150.0(s) is added to read as follows:
-174-
(s) Clothes Drying and Cooking. Buildings plumbed for natural gas or propane clothes drying or cooking equipment shall include the following components for each gas terminal or stub out:
(1) Clothes Drying.
(a) A dedicated 208/240-volt, 30-amp or greater electrical receptacle that is connected to the electric panel with conductors of adequate capacity, within 3 feet of the appliance and accessible with no obstructions;
(b) Both ends of the unused conductor shall be labeled with the words “For Future Electric Clothes Dryer” and be electrically isolated;
(c) A double pole circuit breaker in the electrical panel labeled with the words “For Future Electric Clothes Dryer”; and (d) Other electrical components, including conductors,
receptacles or blank covers, related to this section shall be installed in accordance with the California Electrical Code.
(2) Cooktop.
(a) A dedicated 208/240-volt, 50-amp or greater electrical receptacle that is connected to the electric panel with conductors of adequate capacity, within 3 feet of the appliance and accessible with no obstructions;
(b) Both ends of the unused conductor shall be labeled with the words “For Future Electric Range” and be electrically isolated; (c) A double pole circuit breaker in the electrical panel labeled with the words “For Future Electric Range”; and
(d) Other electrical components, including conductors,
receptacles or blank covers, related to this section shall be installed in accordance with the California Electrical Code.
(3) Stand Alone Cooking Oven.
(a) A dedicated 208/240-volt, 20-amp or greater or greater receptacle within 3 feet of the appliance and accessible with no obstructions;
(b) Both ends of the unused conductor shall be labeled with the words “For Future Electric Oven” and be electrically isolated; (c) A double pole circuit breaker in the electrical panel labeled with the words “For Future Electric Oven”; and
(d) Other electrical components, including conductors,
receptacles or blank covers, related to this section shall be installed in accordance with the California Electrical Code.”

15.10.060—15.10.080 - (Reserved)
-175-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
14 PUBLIC HEARING

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: ADOPTION OF AN ORDINANCE AMENDING CHAPTER 8.10 OF THE

HILLSBOROUGH MUNICIPAL CODE REGULATING THE USE OF DISPOSABLE FOOD SERVICE WARE BY FOOD FACILITIES BY AMENDING BY REFERENCE CHAPTER 4.107 OF TITLE 4 OF THE SAN MATEO COUNTY CODE OF ORDINANCES
SUMMARY: On March 14, 2022, the City Council introduced an ordinance to amend Chapter 8.10 of the Hillsborough Municipal Code.

In September 2021, the Town adopted an Ordinance Repealing Chapter 8.10 of the Hillsborough Municipal Code and Adopting a New Chapter 8.10 Regulating the Use of Disposable Food Service Ware by Food Facilities and entered into a Memorandum of Understanding between the Town and the County of San Mateo for Disposable Food Service Ware Ordinance Education and Enforcement Activities. The County recently updated their ordinance to comply with state legislation which required minor amendments to the Town’s ordinance to comply.

In 2018, California adopted Assembly Bill (AB) 1884 requiring that full-service restaurants only provide single-use plastic straws upon consumer request versus distributing them automatically without a specific request from the consumer. The State expanded on this law by passing AB 1276 on October 5, 2021. Under AB 1276, food facilities must go beyond just plastic straws and require consumers to request additional foodware accessories such as utensils, stirrers, splash sticks, and condiment packets. The State also strengthened enforcement by directing local governments to authorize an enforcement agency to enforce these statutes by June 1, 2022. The law, however, does not provide a specific implementation date. Furthermore, AB 1276 allows local governments to adopt more restrictive requirements at their discretion.

On October 5, 2021, Governor Newsom signed into law AB 1200, which prohibits the sale or distribution of single-use foodware comprised of paper or other plant-based natural fiber that contains intentionally added PFAS. This law goes into effect on January 1, 2023. The new legislation does not direct a specific entity to be the enforcement agency.

Overview of Changes to the County’s 2020 Ordinance to Align with AB 1200 The PFAS requirements for all single-use fiber-based foodware under AB 1200 go into effect on January 1, 2023. To align the County’s 2020 Ordinance with the new state requirements of AB 1200, the following changes were made:

The PFAS requirements in AB 1200 go into effect on January 1, 2023 and supersede those of the County’s 2020 Ordinance. Therefore, the recommendation is to sunset the County’s PFAS -177-
Agenda Staff Report - Hillsborough City Council
April 11, 2022

Page 2 ends

requirements currently in the 2020 Ordinance on December 31, 2022. The County will look to the State to assume responsibility for implementing and enforcing the new requirements starting on January 1, 2023.
2020 Ordinance Enforcement Start Date
Extends the current enforcement start date of the 2020 Ordinance from March 25, 2022 to October 1, 2022 to provide additional time for food facilities to come into compliance with the new state requirements, especially those associated with AB 1276.

The Town adopted the County’s ordinance by reference, except for the enforcement section which must be adopted separately to comply with Government Code Section 50022.4. The Ordinance includes the amendments to the enforcement section made by the County. Whenever a local jurisdiction adopts or amends a code by reference, special procedures apply as set forth in Government Code, Section 50022.1 et seq. State law (Government Code, Section 50022.3) requires the Council to schedule a public hearing on the proposed ordinance to coincide with the second reading. Staff provided notice of the hearing as required by state law.

FISCAL IMPACT: There is no Net Town Cost associated with this Ordinance amendment.

ENVIRONMENTAL ISSUES: Anticipated environmental effects should this Ordinance be amended are reduced plastics and non-compostable materials consumption, which is a net positive.

ATTACHMENTS: Ordinance
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Approve the ordinance entitled “Ordinance of the City Council of the Town of Hillsborough Amending Chapter 8.10 of the Hillsborough Municipal Code Regulating the Use of Disposable Food Service Ware by Food Facilities by Amending by Reference Chapter 4.107 of Title 4 of the San Mateo County Code of Ordinances."
-178-
ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING CHAPTER 8.10 OF THE HILLSBOROUGH MUNICIPAL CODE

REGULATING THE USE OF DISPOSABLE FOOD SERVICE WARE BY FOOD FACILITIES BY AMENDING BY REFERENCE CHAPTER 4.107 OF TITLE 4 OF THE

SAN MATEO COUNTY CODE OF ORDINANCES

THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH HEREBY FINDS AND ORDAINS:

WHEREAS, the production, management, and consumption associated with disposable food service ware, typically used for only a few minutes before being discarded, have significant environmental impacts, including environmental contamination; consumption of precious resources such as energy and water; emissions of greenhouse gases; air and water pollution; litter on streets; and plastic pollution in waterways and oceans; and WHEREAS, on February 25, 2020, San Mateo County (“County”) Board of Supervisors repealed the 2011 polystyrene ban ordinance, and replaced it with a new Disposable Food Service Ware ordinance, which would restrict the use by food facilities of polystyrene-based disposable food service ware and require the use by food facilities of polystyrene-based disposable food service ware and require the replacement of non-compostable or non-recyclable disposable food service ware with compostable alternatives that are non-plastic, natural fiber-based, and free of all internationally added fluorinated chemicals when and where possible; and
WHEREAS, the Town of Hillsborough’s City Council repealed its existing Chapter 8.10, “Chlorofluorocarbon-Processed Food Packing,” and adopted the County’s ordinance by reference as the new Chapter 8.10 of the Hillsborough Municipal Code, in order to reduce use ofsingle-use plastic foodware by food facilities within the Town consistent with County requirements; and WHEREAS, the County has now amended its Disposable Food Service Ware ordinance to account for updates to the relevantstate laws; and
WHEREAS, the Town wishes to re-adopt the County’s updated ordinance by reference, including the penalty provisions therein, as set forth in full below.

NOW, THEREFORE, the City Council of the Town of Hillsborough does ordain as follows:

Section 1. Sections 8.10 of the Hillsborough Municipal Code is hereby amended to read in full as follows:
“Chapter 8.10 – REGULATING THE USE OF DISPOSABLE FOOD SERVICE WARE

8.10.010. Adoption of San Mateo County ordinance by reference.

Chapter 4.107 of Title 4 of the San Mateo County Code of Ordinances, entitled “Regulating the Use of Disposable Food Service Ware,” and any amendments thereto, are hereby adopted by this reference and made part of the Hillsborough Municipal Code and are, accordingly, made -179-
effective in this Town. Certified copies of Chapter 4.107 of Title 4, as adopted hereby, and any subsequent amendments, shall be deposited with the City Clerk, and shall be at all times maintained by the Clerk for use and examination by the public.

8.10.020 Authorization of enforcement by San Mateo County personnel.

The County Manager of the County of San Mateo or their designee is hereby authorized to enforce, on behalf of the Town, Chapter 4.107 “Regulating the Use of Disposable Food Service Ware” of Title 4 of the San Mateo County Code of Ordinances, and any amendments thereto, within the Town’s jurisdiction. Such enforcement authority includes, but is not limited to, the authority to hold hearings, issue citations, and assess administrative fines on behalf of the Town as provided for in Chapter 4.107 of Title 4 of the San Mateo County Code of Ordinances and more particularly described in the following provisions in the County Code as follows:

4.107.080 – Enforcement.
(a) The County Manager or designee may enforce this Chapter. (b) A violation of this Chapter is an infraction and is also punishable by administrative fines as set forth in Chapter 1.40.
(c) Compliance plan.

1. If requested by the County Manager or designee, a Food Facility that is in violation of any of the provisions detailed in this Chapter shall create and submit to the County Manager or designee a compliance plan, which will include information on corrective action(s) that the Food Facility shall undertake to come into compliance. Other requested information may include, and are not limited to proposed timeline for corrective action(s), and identification of individuals responsible for ensuring compliance.

2. The Food Facility shall create and submit its completed compliance plan within fourteen calendar days (14) from the time of request by the County Manager or designee.
(d) This Section shall not be interpreted to limit any otherwise available civil or administrative remedies under law.

4.107.090 – Enforcement within Incorporated Areas of County of San Mateo. (a) The County Manager or designee is hereby authorized to and may enforce Chapter 4.107 within an incorporated city within the County of San Mateo, if the governing body of that city does each of the following:

1. Adopts and makes part of its municipal code:
i. Chapter 4.107 in its entirety by reference; or
ii. An ordinance that contains each of the provisions of Chapter -180-

4.107.

2. Authorizes, by ordinance, the County Manager or designee to enforce the municipal code adopted pursuant to Subsection (a)(1), such authorization to include, without limitation, the authority to hold hearings, issue citations, or assess administrative fines on behalf of the city.

3. Enters into a Memorandum of Understanding with the County for enforcement within the city.
(b) The County Manager or designee shall only provide enforcement within an incorporated city if it has determined that it has adequate resources to do so.” Section 2. This ordinance takes effect thirty (30) days after adoption.

Section 3. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or applicationand, to this extent, the provisions of this ordinance are hereby declared to be severable.

Section 4. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not resultin a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Codeof Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change tothe environment, directly or indirectly.

ORDINANCE NO. of the Town of Hillsborough introduced on March 14, 2022 and adopted on , 2022, by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Mayor of the Town of Hillsborough
Attest: City Clerk
-181-

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

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: INTRODUCTION OF AN (UNCODIFIED) ORDINANCE ADOPTING A

MILITARY EQUIPMENT USE POLICY AND ADDING THE POLICY TO THE HILLSBOROUGH

POLICE DEPARTMENT POLICY MANUAL
SUMMARY: Effective January 1, 2022, Assembly Bill (AB) 481 requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

REQUIREMENTS:

Assembly Bill (AB) 481 requires each law enforcement agency's governing body to adopt a written military use policy by ordinance in addition to other requirements by the bill. The following are required:
- Publish the draft military equipment use policy to the Police Department’s website 30 days ahead of a public hearing to approve the policy.
- Obtain approval by the applicable governing body by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. (See definitions below)
- Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body.
- Annual review of the military equipment use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval. - Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

DEFINITION OF MILITARY EQUIPMENT:

AB 481 designates the following categories of items as military equipment:
- Unmanned, remotely piloted, powered aerial or ground vehicles -183-
Agenda Staff Report - Hillsborough City Council
April 11, 2022

Page 2 ends

- Mine-resistant ambush-protected vehicles or armored personnel carriers - High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. - Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
- Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
- Weaponized aircraft, vessels, or vehicles of any kind. - Battering rams, slugs, and breaching apparatuses that are explosive in nature. - Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
- Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns.
- Any firearm or firearm accessory that is designed to launch explosive projectiles - “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
- Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices. - Projectile launch platforms and their associated munitions including 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition weapons. - Any other equipment as determined by a governing body or a state agency to require additional oversight.

ANNUAL REPORT:

A law enforcement agency that receives approval for a military equipment use policy is required to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The annual report is also required to be made publicly available on the department's website.

ADDITIONAL REQUIREMENTS OF THE REPORT:

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
-184-
Agenda Staff Report - Hillsborough City Council
April 11, 2022

Page 3 ends

- A summary of how the military equipment was used and the purpose of its use. - A summary of any complaints or concerns received concerning the military equipment. - The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
- The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
- The quantity possessed for each type of military equipment.

If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
- Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

DISCUSSION/ANALYSIS:

The Hillsborough Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use.

Regardless, because California Government Code §7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval and because of the Governor’s emphasis on policing transparency when signing AB 481 into law, the Town has prepared the enclosed draft policy and inventory list for items either in inventory with the Hillsborough Police Department or which may be used as part of Hillsborough’s participation in the North County Regional Special Weapons and Tactics (NCR SWAT) team.

California Government Code §7070 provides a list of equipment types that are considered to be “military equipment” for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Hillsborough Police Department, or reasonably likely to be deployed in Hillsborough by other law enforcement partners.

Some equipment (indicated in the policy) is owned and operated by NCR SWAT through partner law enforcement agencies (San Mateo PD, Foster City PD, Burlingame PD, San Bruno PD, South San Francisco PD, and Brisbane PD). While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within Town limits.

FISCAL IMPACT: There is no new fiscal impact associated with the approval of this ordinance, policy, and equipment list.
-185-
Agenda Staff Report - Hillsborough City Council
April 11, 2022

Page 4 ends

ATTACHMENTS:

1. Ordinance

2. Military Use Policy (Exhibit A to the Ordinance)

3. Military Equipment List (Exhibit A to the Policy)
PREPARED BY: Nelson Corteway, Police Captain
RECOMMENDATION: Introduce and waive further reading of an ordinance entitled, “Ordinance of the City Council of the Town of Hillsborough Adopting a Military Equipment Use Policy and Adding the Policy to the Hillsborough Police Department Policy Manual” and set a public hearing for May 9, 2022 for adoption of the ordinance.
-186-
ORDINANCE NO.
(UNCODIFIED) ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF

HILLSBOROUGHADOPTING A MILITARY EQUIPMENT USE POLICY AND

ADDING THE POLICY TO THE HILLSBOROUGH POLICE DEPARTMENT POLICY MANUAL

THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH HEREBY FINDS AND ORDAINS:

WHEREAS, on September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and Assembly Bill (“AB”) 481 in particular requires law enforcement agencies to adopt a special or military equipment use policy (“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. The Policy must be adopted by ordinance at a regular meeting of the governing body (the City Council) for that agency; and WHEREAS, AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or inkind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
WHEREAS, in accordance with AB 481, the proposed Policy will be made available on the Police Department’s website within 30 days of the public hearing by the City Council to adopt the Policy. Once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use; and WHEREAS, in accordance with AB 481, the Policy is being placed on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance. -187-
ATTACHMENT 1
NOW, THEREFORE, the City Council of the Town of Hillsborough does ordain as follows:

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. Findings.

Pursuant to Government Code § 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Section 3. Military Equipment Use Policy Adopted.

In light of the findings set forth in Section 2, and in accordance with AB 481, the Policy attached hereto as Exhibit “A” and incorporated in full by reference is hereby adopted by the City Council.

Section 4. Effective Date.

This ordinance takes effect thirty (30) days after adoption.

Section 5. Severability.

If any provision of this ordinance or its application to any person orcircumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or application and, to this extent, the provisions of this ordinance are hereby declared to be severable. -188-
Section 6. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933.

The City Clerk will certify to the passage of this Ordinance by the City Council of the Town of Hillsborough, California, and cause a summary to be published once within fifteen (15) days after its adoption in accordance with Government Code section 36933.

Section 7. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not resultin a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Mayor of the Town of Hillsborough
Attest: City Clerk
ORDINANCE NO. of the Town of Hillsborough introduced on , 2022, and adopted on _______ , 2022, by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-189-
Hillsborough Police Department

Published with permission by Hillsborough Police ***DRAFT*** Military Equipment - 1 Hillsborough Police Department

POLICIES
Military Equipment
709.1 PURPOSE, SCOPE AND PHILOSOPHY
This policy establishes guidelines for the acquisition, funding, use and reporting of "military equipment," as the term is defined in Government Code section 7070. This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 (2021) (AB 481). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirementsrelated to compliance, annual reporting, cataloging, and complaints regarding these items.

It is the policy of the Hillsborough Police Department (Department) that there are legally enforceable safeguards,including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

The acquisition of military equipment and its deployment in our communities may impact the public's safety and welfare. AB 481 has declared that the public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.

Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The City Council.

Law enforcement agency – the Town of Hillsborough’s Police Department Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This Policy
709
-190-
ATTACHMENT 2
Hillsborough Police Department

Published with permission by Hillsborough Police ***DRAFT*** Military Equipment - 2 does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by the governing body or a state agency to requireadditional oversight.
709.2 POLICY
It is the policy of the Hillsborough Police Department that members of this Department comply with provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Hillsborough Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department's funding, acquisition, and use of military equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (GovernmentCode § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how -191-
Hillsborough Police Department

Published with permission by Hillsborough Police ***DRAFT*** Military Equipment - 3 the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
A list of equipment currently held by the Department or in coordination with another local agency is attached to this Policy as Exhibit “A” and incorporated into this Policy by reference. The inventory list will be updated each year as part of the annual report required pursuant to AB 481. [OPTIONAL: We recommend adding the below redline section as a new 709.5 (and renumbering the subsequent sections accordingly) but it’s not required.] 709.5 MILITARY EQUIPMENT USAGE GUIDELINES
The Hillsborough Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.

Exhibit A identifies the various types, descriptions, and guidelines for usage of military equipment currently employed by the Hillsborough Police Department.

Please note that all manufacturer descriptions contained within Exhibit A are referenced via publicly accessible website source citations. The website source citations utilized in this policy are for military equipment descriptive purposes only, and are not an endorsement by the Town or the Hillsborough Police Department of a particular product or vendor 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing or ordinance introduction concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other -192-
Hillsborough Police Department

Published with permission by Hillsborough Police ***DRAFT*** Military Equipment - 4 donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use military equipment that is not included in this policy.

If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
• If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council. • Include the military equipment in the Department’s next annual military equipment report. 709.7 COORDINATION WITH OTHER JURISDICTIONS
Absent exigent circumstances, military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.
709.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. -193-
Hillsborough Police Department

Published with permission by Hillsborough Police ***DRAFT*** Military Equipment - 5 709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
-194-

HILLSBOROUGH POLICE DEPARTMENT

MILITARY EQUIPMENT LIST
2022 Hillsborough Police Department Military Equipment List:

The Hillsborough Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use.

Regardless, California Government Code §7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. This inventory list is accordingly provided in connection with an Ordinance of the City Council of the Town of Hillsborough adopting a Military Equipment Use Policy for use by the Hillsborough Police Department.

California Government Code §7070 provides a list of equipment types that are “military equipment” for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Hillsborough Police Department, or reasonably likely to be deployed in Hillsborough by other law enforcement partners.

Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the Hillsborough Police Department will submit to the Hillsborough City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Hillsborough City Council will use the Annual Military Equipment Report as a mechanism to ensure the Hillsborough Police Department’s compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means: -195- ATTACHMENT 3

1. Via email to: [email protected]

2. Via phone call to: (650) 375-7470

3. Via mail sent to:

The Hillsborough Police Department
Attn: Military Equipment Use Coordinator
1600 Floribunda Avenue
Hillsborough, CA 94010
The Hillsborough Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

The remainder of this Military Equipment Use Inventory List is divided into two sections.

Section One lists qualifying equipment that is owned and/or utilized by the Hillsborough Police Department. Section Two lists qualifying equipment that is not owned or regularly utilized by the Hillsborough Police Department, but which is known to be owned and/or utilized by law enforcement units with which the Hillsborough Police Department collaborates and/or participates for law enforcement purposes.

Section One: Qualifying Equipment Owned/Utilized by the Hillsborough Police Department

1. Unmanned Aerial Vehicles (Category 1) - Description, quantity, capabilities, purchase cost a. Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1)
b. Quantity Owned/Sought: 1 owned
c. Lifespan: Approximately 5 years
d. Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by optical zoom lenses.
e. Manufacturer Product Description:

Mavic Air 2: The DJI Mavic Air 2 combines a foldable and portable frame with a high-end camera system. The 3-axis gimbal sports a 1/2″ CMOS sensor capable of capturing 8K Hyperlapse time-lapse shots, 4K60 video, 240 fps slow-motion 1080p video, and up to 48MP stills. In addition, both photos and video can be captured in HDR. All footage can be saved to 8GB of internal storage and on optional SD cards up to 256GB in size.

The DJI Mavic Air 2 contains a host of built-in tracking technologies and intelligent obstacle avoidance. Focus-Track combines three different tracking features with abilities that include tracking of subjects and following predetermined flight paths. The Advanced Pilot Assistance Systems 3.0 (APAS) is aware of the Mavic Air 2 in 3D space and its proximity to people and objects to help avoid accidental collisions. Return to Home (RTH) and -196- precision landing options are supported so one can easily and safely retrieve the drone when the mission is complete.

A 3500mAh battery can keep the Mavic Air 2 flying for up to 34 minutes at a time. While in the air, one can fly the drone at speeds up to 43 mph up to 11.5 miles away. The included remote controller supports Ocu-Sync 2.0 technology to provide one with flight telemetry data and a live view of what the drone sees on an attached viewing device. It can transmit up to 1080p quality video from up to 6.2 miles away.
f. Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Drone operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
g. Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.
h. Purpose:

UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Search and rescue, including for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. Suspect apprehension.
vi. Tactical operations and scene security.
vii.Crisis communication.
viii. Response to specific requests from local, state or federal fire authorities for fire response, rescue, evacuation, and/or prevention. ix. Hazardous material monitoring, such as a chemical spill or similar event.
x. Terrorist / active shooter event and response.
-197-
i. Authorized Use:

Only assigned flight operators who have completed the required training shall be permitted to operate the DJI Mavic Air 2 during approved flight.

All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 324 – Search and Seizure, HPD Policy 334 – Missing Persons, HPD Policy 613 – Unmanned Aerial System Operations, HPD Policy 706 – Vehicle Use, HPD Policy 408 –Special Weapons and Tactics.
j. Expected Lifespan:
10 years.
k. Fiscal Impact:

The initial costs of equipment, licensing, software, and training was approximately $10,000 which included the procurement of a Certificate of Authorization (COA) from the FAA through Skyfire Consultants. Ongoing cost associated with current UAS operation and maintenance is estimated to be less than $1000 per year.

2. Breaching Apparatus: Slugs (Category 7) - Description, quantity, capabilities, purchase cost
a. Equipment Type:

Royal Arms Tesar-1, 2, & 4 cost: $1,000, quantity: 250. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure. The powder is designed to dissipate after striking the lock throw to minimize entry into the target space for the safety of occupants and officers. Designed to breach heavy locks, dead-bolts, and hinges mounted inside of solid oak or steel doors. Royal Arms Tesar2 rounds are good until expended if stored properly. Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists.

Tesar 1 (model FE182) defeat wood doors, locks, and hinges.

Tesar 2 (model FE183) defeat locks, dead-bolts and hinges (oak-steel doors).

Tesar 4 (model FE185) defeat Class 3 doors, locks, and hinges. b. Purpose:
-198-
To defeat door locking mechanisms and safely enter a structure. c. Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 324 – Search and Seizure, HPD Policy 408 Special Weapons and Tactics.
d. Expected Lifespan: Until expended.
e. Fiscal Impact:

Individual unit price of approximately $4 each. Estimated between $0 and $1,000 annually.

3. Specialized Firearms and Ammunition (Equipment Category 10) - Description, quantity, capabilities, purchase cost
a. Equipment Type:

The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a magazine fed, shoulder fired firearm, designed for semi-automatic fire. Benefits of a shoulder fired semiautomatic rifle over the traditionally carried handgun is increased accuracy which helps to minimize collateral injury or death.

The Carbine Rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter.

The projectile is capable of penetrating soft body armor being worn by armed subjects. Bushmaster AR-15/M4, cost: $16,500, quantity: 11, Colt AR15, cost: $18,000, quantity: 12, Troy AR15, cost: $6,800, quantity: 4.

I. The Speer Gold Dot .223 Remington, 55 grain, soft point cartridge is the primary duty ammunition deployed during potential lethal encounters. The Gold Dot bullet is
optimized to ensure expansion out of barrels down to 10” at a wide variety of velocities out to 200 yards. The Gold Dot in .223 caliber ammunition can be used in department rifles chambered in both .223 and newer rifles chambered in 5.56, extending the service life of older .223 chambered rifles. Cost: $1,500, quantity: 2000.

II. The Winchester 5.56 Remington, 55 grain full metal
jacket cartridge is the primary training ammunition used with department rifles while offering a lower cost
-199-
alternative compared to duty use ammunition. Cost:
$10,472, quantity: 28,000.

III. Centurion Arms Mark 12 precision AR15. This rifle
bridges the gap between standard AR15 rifle and the GA
Precision .308 rifle, cost: $2,500, quantity: 1.

IV. The Black Hills OTM 5.56, 77 grain, cartridge is duty ammunition has a superior ballistic coefficient and
performance to any comparable projectile in its weight
class. Its OTM design provides accurate performance
during critical incidents. This Black Hills 5.56mm NATO cartridge was designed for AR-15 platform firearms. The Black Hills 5.56mm NATO is loaded with a 77 grain, OTM
bullet. The bullets are extremely accurate and have thin jackets that are held to exact tolerances in diameter and weight. Their accuracy has been renowned worldwide.

Cost: $5,334, quantity: 6,000.

V. The Hillsborough Police Department Special Weapons and Tactics (SWAT) was formed in 1996, in response to very
dangerous or violent tactical encounters. The SWAT
Precision marksman element deploys with precision rifles, which enables the stopping of an armed subject at a safe distance. The Precision Rifle does not have an expiration and will need to be serviced or replaced when the Rifle fails or breaks. Hillsborough Police precision rifles include the Centurion Arms Mark 12 precision AR15 with Black Hills
OTM 5.56, 77 grain ammunition, and GA Precision .308
semiauto rifle with RUAG .308 164 gran/196 grain
ammunition.

The .308 Winchester cartridge: is a rimless, bottlenecked rifle cartridge. The .308 WIN. cartridge is used as a Lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. GAPrecision GAP 10 Rifle cost: $7,842,
quantity: 2.

VI. The RUAG .308 WIN., 164 grain, Tactical cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 164-grain projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection Conventional bullets break apart or
fragment when penetrating glass, which does not allow an accurate hit. Cost: $1,720, quantity: 600
-200-
VII. The RUAG .308 WIN., 196 grain, Armor Piercing
cartridge is ammunition deployed during potential lethal encounters, when shooting through heavy barriers. The
196 grain projectile is capable of accurately striking
targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or
fragment when penetrating armor, which does not allow
an accurate hit. Cost: $900, quantity: 200
VIII. Selections of which of the above ammunition to use is dependent on the threat and the environment (to include barriers, weather conditions, distance, uninvolved
parties, etc.
b. Purpose:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use:

Only members that are POST certified and complete yearly required qualification and training are authorized to use an AR rifle. Only members of the Hillsborough SWAT team are authorized to use precision rifles after completing the required CA-POST required training and monthly qualification/training. All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 300 – Use of Force, HPD Policy 313.6 – Firearms Training and Qualifications, HPD Policy 408 – Special Weapons and Tactics.
d. Expected Lifespan:

I. AR15 Rifle – Approximately 10 years.

II. The Speer .223 Remington, 55 grain – No expiration.

III. The Winchester 5.56 FMJ, 55 grain- No expiration.

IV. Centurion Designated Marksman rifle -Approximately 10 years.

V. The Hornady .223 Remington, OTM, 77 grain – No expiration.

VI. Precision 308 Rifle-Approximately 10 years.

VII. The RUAG .308 WIN., 164 grain-No expiration.

VIII. The RUAG .308 WIN., 196 grain-No expiration.
e. Fiscal Impact:

I. AR15 Rifle-Annual cost between $0-$41,300 (purchased over 20 years).

II. The Speer .223 Remington, 55 grain–Annual cost between $0-$1,500.

III. The Winchester 5.56 FMJ, 55 grain-Annual cost between $0-$10,472.

IV. Centurion Designated Marksman rifle -Annual cost between $0-$2,500.

V. The Black Hills .223 Remington, 77 grain–Annual cost between $0- $5,334.

VI. GA Precision GAP 10, .308 Rifle-Annual cost between $0-7,842.

VII. The RUAG .308 WIN., 164 grain – Annual cost between $0 - $1,720. -201-
VIII. The RUAG .308 WIN., 196 grain – Annual cost between $0 - $900.

4. Flashbangs (Category 12) - Description, quantity, capabilities, purchase cost a. Equipment Type:

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations.

I. NFDD CTS 7290 emits a loud “bang” and a flash of light, cost:
$905, quantity: 20.
b. Purpose:

To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. c. Authorized Use:

Diversionary Devices shall only be used:
i. By HPD officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety.
v. During training exercises.

All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 300 – Use of Force, HPD Policy 408 – Special Weapons and Tactics.
d. Expected Lifespan:

NFDD 7290M – 5 years.
e. Fiscal Impact:

NFDD 7290M – Annual cost between $0 - $905.

5. PepperBall Launcher (Category 12) - Description, quantity, capabilities, purchase cost (Not in service-pending)
-202-
a. Equipment Type:

PepperBall FTC launcher system that uses high pressure air to deliver PAVA powder projectiles (similar to a paint ball delivery system). System capable of launching projectiles at a subject up to 60’. System capable of area saturation up to 160’. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De-Escalation tool used to avoid further injuries or lethal options on a subject. Cost: $1,200, quantity: 4.

PepperBall LIVE PROJECTILE, the basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder.8230. Cost: $3,412 quantity: 1500 PepperBall VXR LIVE-X PROJECTILE: The VXR Live-X Projectile is a non-lethal round.

The projectile contains approximately 10x the PAVA of the VXR LIVE projectile. This projectile is best for direct impact or area saturation.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280- 425 FPS. The projectile has a direct impact of 150ft and an area of saturation of 150+ft. 390+ft. The projectile contains 2.5% PAVA powder.

Cost: pending quantity: pending.
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. PepperBall FTC launchers give officers the ability to address an armed and/or violent suspect(s) with non-lethal munitions that deliver both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s). Due to its design, pepper balls can be delivered from a larger standoff distance allowing for added degree of officer safety. Situations for use of the less lethal weapon systems may include but are not limited to:

I. Self-destructive, dangerous and/or combative individuals.

II. Riot/crowd control and civil unrest incidents.

III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

V. Training exercises or approved demonstrations.
c. Authorized Use:

Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 300 – Use of Force.
-203-
d. Expected Lifespan:

I. Pepper Ball FTC launcher system: No expiration.

II. Live Projectile: 1 year.

III. Live-X Projectile: 1 year.

Fiscal Impact:

I. PepperBall Launcher: estimated between $0 and $1,200 annually.

II. Live Projectile: estimated between $0 and (pending) annually.

III. Live-X Projectile: estimated between $0 and (pending) annually.

Section Two: Qualifying Equipment known to be owned and/or utilized by law enforcement units with which the Hillsborough Police Department collaborates and/or participates for law enforcement purposes

1. Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Approximately 15 years
c. Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel. f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.
-204-
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

2. Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov’t Code §7070(c)(2)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Unknown
c. Equipment Capabilities: Capable of transporting personnel and equipment while providing them with armored protection from gunfire. d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: To move personnel and/or resources in support of tactical operations in which there is reason to expect potential armed resistance requiring protection.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive MRAP vehicles.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

3. Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t Code §7070(c)(3)
a. Quantity Owned/Sought: None (outside owned)
-205-
b. Lifespan: Unknown.
c. Equipment Capabilities: Capable of breaching doors, gates, and other points of entry.
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: Breaching doors, gates, and other points of entry.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive breaching vehicles.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

4. Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov’t Code §7070(c)(7)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Unknown.
c. Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry.
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
-206-
g. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

5. Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov’t Code §7070(c)(12)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Unknown.
c. Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical.
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Tear gas and pepper balls can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
-207-
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

6. Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13)
a. Quantity Owned/Sought: None (outside owned).
b. Lifespan: Unknown.
c. Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path.
d. Manufacturer Product Description: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path. e. Purpose/Authorized Uses: Can be used to disperse unlawful crowds and/or to disrupt the activities of person(s) who represent an immediate threat to others.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While -208-
the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.
-209-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
16 INFORMATIONAL

CITY COUNCIL MEETING
APRIL 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: CITY MANAGER'S UPDATE
SUMMARY: The City Manager will provide an informational update related to Town projects, events and activities of interest to the community.

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

ENVIRONMENTAL ISSUES: This informational item 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: None
PREPARED BY: Ann Ritzma, City Manager
RECOMMENDATION: For information only; no action required. -211-

Hillsborough City CouncilApril 11, 2022

Hillsborough City Council
April 11, 2022