Agenda — Hillsborough City Council, May 9, 2022 (part 1 of 2)

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

A G E N D A
MONDAY, MAY 9, 2022
3:30 PM STUDY SESSION
5:00 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/84315841107?pwd=VTM2ODZCenF4STJUeVE4NkVVSk90Zz09 • To dial-in via phone:
+1 669 900 9128 US (San Jose)
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Meeting ID: 843 1584 1107
Passcode: 950555
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.

Agenda – Hillsborough City Council
Monday, May 9, 2022

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STUDY SESSION (3:30 PM)

CALL TO ORDER

ROLL CALL
A. STUDY SESSION ON FY 2022-23 PROPOSED BUDGET AND SCHEDULE OF FEES AND

CHARGES

ADJOURN STUDY SESSION
CLOSED SESSION (5:00 PM)

CALL TO ORDER

ROLL CALL

PUBLIC COMMENT
Members of the public may provide public comments on any item on the Closed Session 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. Speakers are limited to one comment per Closed Session item.

ANNOUNCEMENT OF CONFLICT OF INTEREST
This portion of the agenda is for Councilmembers to disclose any conflict of interest related to any item on the Closed Session agenda.

Any Councilmember who has confirmed a conflict of interest or has reason to believe they have a conflict of interest should disclose the conflict for the record and abide by the disqualification requirements contained in FPPC regulations.

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

San Mateo County Superior Court Case No. 18CIV05650
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 20CIV04592
D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 21CIV04709
Agenda – Hillsborough City Council
Monday, May 9, 2022

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ADJOURN CLOSED SESSION
REGULAR CITY COUNCIL MEETING (6:00 PM)
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. MINUTES: April 11, 2022
VI. PROCLAMATIONS
• HILLSBOROUGH GARDEN CLUB CENTENNIAL
• NATIONAL PUBLIC WORKS WEEK: MAY 15-21, 2022
• MAY 2022 AS MENTAL HEALTH MONTH
• MAY 2022 AS JEWISH AMERICAN HERITAGE MONTH
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: APRIL 1 THROUGH APRIL 30, 2022

2. RESOLUTION PROVIDING FOR INTERIM MODIFICATIONS TO THE BUSINESS

LICENSE TAX
Agenda – Hillsborough City Council
Monday, May 9, 2022

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3. RESOLUTION SETTING THE AMOUNT OF THE SPECIAL TAX FOR POLICE PROTECTION AND FIRE PROTECTION AND PREVENTION FOR FY 2022-2023

4. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AGREEMENT WITH DIGITAL VIEW FOR A NOT-TO-EXCEED AMOUNT OF $50,000 AS A SOLE SOURCE PROCUREMENT

5. RESOLUTION APPROVING SUPPORT OF SUSTAINABLE SAN MATEO COUNTY PROGRAMS FOR FY 2022-23 IN THE AMOUNT OF $1,000

6. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361

7. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH 3-D TECHNOLOGIES, INC.

8. ADOPTION OF AN (UNCODIFIED) ORDINANCE ADOPTING A MILITARY

EQUIPMENT USE POLICY AND ADDING THE POLICY TO THE HILLSBOROUGH

POLICE DEPARTMENT POLICY MANUAL

9. RESOLUTION SETTING AND CONFIRMING THE FEES AND CHARGES FOR FY 2022-23 AND RESOLUTION AUTHORIZING WATER AND SEWER CONNECTION FEES FOR FY 2022-23 EFFECTIVE JULY 1, 2022
XI. OLD BUSINESS

10. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JMB CONSTRUCTION, INC. FOR THE SANDRA

HAYNE STORM DRAIN REPLACEMENT PROJECT IN THE AMOUNT OF
$2,346,630.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $234,663.00, IF NEEDED, FOR A TOTAL PROJECT COST OF $2,581,293.00; AND APPROVING A FY 2021-22 BUDGET AMENDMENT IN THE CAPITAL IMPROVEMENT FUND (CIP #805.47) AND GENERAL FUND TRANSFER IN THE AMOUNT OF $1,001,295.00

11. RESOLUTION APPROVING THE PROHIBITION OF GAS-POWERED LEAF

BLOWERS ON TOWN-OWNED AND MANAGED PROPERTY
XII. NEW BUSINESS

12. RESOLUTION AUTHORIZING SEWER SERVICE CHARGES EFFECTIVE JULY 1, 2022
Agenda – Hillsborough City Council
Monday, May 9, 2022

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13. RESOLUTION IN SUPPORT OF HILLSBOROUGH CITY SCHOOL DISTRICT SCHOOL

IMPROVEMENT BOND MEASURE H

14. RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CITY MANAGER

EMPLOYMENT AGREEMENT

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

HILLSBOROUGH
XIII. INFORMATIONAL

16. INFORMATIONAL UPDATE ON THE TOWN’S 2022 DROUGHT COMMUNICATIONS PLAN

17. CITY MANAGER'S UPDATE
XIV. 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.

XV. 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.

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].

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

STUDY SESSION

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: STUDY SESSION ON FY 2022-23 PROPOSED BUDGET AND SCHEDULE OF

FEES AND CHARGES
SUMMARY: Town staff will conduct a study session to review the FY 2022-23 Proposed Budget and Fees and Charges. This is a study session, and no action is required.

FY 2022-23 PROPOSED BUDGET
The Town’s Proposed Operating and Capital Budget for FY 2022-23 budget appropriations are $68.6 million for all funds, a decrease of 1% as compared to the FY 2021-22 projection. The decrease is primarily due to timing of capital projects.

The Proposed Budget complies with the Town’s policies and guidelines. In addition, the General Fund, Water and Sewer Enterprise Funds and the Asset Replacement Fund reserves comply with Town reserve policies and debt covenants.

Overview
A key factor in setting the FY 2022-23 budget is the continued strength of the Bay Area economy and real estate market. The current year budget revenue is on track to meet or exceed the adopted budget. Property tax, the Town’s largest General Fund revenue source, is projected to grow 6.5% based on the FY 2022-23 tax assessment roll.

In addition, the Town received its $1.3 million of American Rescue Plan Act (ARPA) distribution in FY 2021-22 and an additional $1.4 million is to be received in July 2022. The City Council approved the project list for this program that will ensure the Town’s resiliency for the future.

Projects funded in FY 2022-23 include water and storm drain capital projects, system replacements to improve public access to meetings and records, and other improvements to ensure resiliency of public space for future pandemics.

Motor Vehicle License Fees In-Lieu (MVLF) revenue has some risk to revenues in FY 2022-23 and has been budgeted conservatively for this reason.

The City Council goal setting session identified and prioritized the goals for the coming year. Many of the goals are long-term projects that are continuing from FY 2021-22. In FY 2022-23, the Town will have a major focus on the General Plan and Housing Element, which will set the framework for the future. In addition, the Town will be responding to increased housing unit production as required by Regional Housing Needs Assessment (RHNA) while balancing to preserve the beauty -1-
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and ambiance of the Town. This effort will include updating the Housing, Safety, and Land Use General Plan Elements of the Town’s General Plan and the redevelopment of Town-owned property as a key site for new housing and civic facilities (police station, government offices and community meeting space).

California is in a severe drought and Hillsborough, which receives water through the SF Public Utilities Commission (PUC), is complying with a voluntary 15% reduction in water use. The Town has budgeted water unit sales at the Tier 2 drought plan level, resulting in lower Water Enterprise revenue that will need to be recaptured through rate increases. The budget is based on a set of water use assumptions and as conditions change, the Town will respond accordingly.

General Fund
The General Fund is the main fund and accounts for the direct services that the Town provides to its citizens. The General Fund budget includes funding for such key services as public safety, recreation through the Hillsborough City School District (HRec), building and planning services, general government, and contribution to the libraries in Burlingame and San Mateo for Hillsborough residents to use.

The FY 2022-23 General Fund expenditures are $32.2 million, a decrease of $0.2 million (-1%) over the FY 2021-22 projection. The decrease is due primarily to lower capital transfers offset somewhat by increases in salaries and CalPERS costs, the Town’s contribution to Central County Fire Department and one-time funding for projects. FY 2022-23 General Fund revenues are projected to be $32.9 million, a $0.8 million (2.5%) increase, primarily from property taxes.

The FY 2022-23 General Fund proposed budget reflects a net excess revenue of $0.7 million that is maintained in the General Fund Reserve balance.

General Fund Reserve
The FY 2022-23 Proposed Budget reflects a $30.3 million General Fund reserve that is maintained for contingencies per policy and other programs. To balance the financial picture, the Town also has long-term liabilities for pension ($31 million) and other post-employment benefits (OPEB $13 million).

The Town’s General Fund Reserve Policy states that a minimum of 30% with a goal of 50% of expenditures should be reserved for contingencies such as a natural disaster, economic downturn, state revenue takeaways, pandemic, or other significant financial impact. The General Fund Reserve components comprising the total of $30.3 million are as follows. The contingency reserve is projected to total $16.1 million in the FY 2022-23 budget. • Contingency reserve at policy level – 30% minimum reserve – $9.7 million • Contingency reserve at policy level – 50% goal reserve – $6.4 million • Restricted reserve – Section 115 pension trust (General Fund portion) – held to mitigate future budget impact for cost of pension liabilities – $5.4 million. • Assigned for capital – storm drain/sewer infrastructure – $5.6 million • Assigned for tree replacement – $0.3 million
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• Other – held in reserve for projects, pay down liabilities, future capital reserve, as needed – $2.9 million
Water and Sewer Enterprise Funds
The Water and Sewer Enterprise Funds are funded primarily from user rates and reserves.

Water Fund
The FY 2022-23 Water Fund revenue is projected at $15.9 million, a $0.4 million (-2.5%) decrease over the FY 2021-22 projection primarily attributable to reduced usage attributable to drought, somewhat offset by an average 6% rate increase effective January 1, 2023. The Town monitors conditions throughout the year for any significant impact to the Water Enterprise. Other Funding Source revenue comes from the American Rescue Plan which funds $1.2 million for water infrastructure capital projects.

The Water Fund expenses are $18.8 million, a $2.0 million (11.9%) increase over the FY 2021-22 projection. The budget assumes a 10% reduction in water usage from FY 2021-22 and a SFPUC wholesale water rate increase of 15.8% for FY 2022-23 ($4.75 v. $4.10 per ccf). The expense increase is primarily attributable to increases in cost-of-living salary and benefits, SFPUC rate increase, asset replacement reserve contribution and capital improvements.

The proposed budget for the Water Fund shows a draw on reserves of $1.8 million attributable to lower net operating revenue due to the drought scenario. This reduction is covered by the revenue stabilization layer of the reserve and total reserves are within target level. Should the drought conditions continue, rate increases will likely be needed to preserve revenue. A cost-of-service study is currently underway.

Sewer Fund
The FY 2022-23 Sewer Fund revenue is projected at $15.3 million, a $0.6 million (4.1%) increase over the FY 2021-22 projection. A proposed 4% rate increase is effective July 1, 2022 as outlined in the adopted five-year rate sewer rate series. The non-operating revenue is projected at $0.7 million for a General Fund transfer for storm drain capital funding. Other Funding Source revenue is for American Rescue Plan funding of $1.1 million for storm drain capital projects.

The FY 2022-23 Sewer Fund expense is $18 million, a $0.5 million (2.5%) decrease over the FY 2021-22 projection, primarily due to lower storm drain capital offset somewhat by increases in costof-living for salaries and benefits, asset replacement reserve contribution, and budgeted capital project.

The proposed Sewer Fund budget reflects a net draw of $0.9 million on reserves, primarily attributable to timing of capital improvements. This is consistent with the adopted sewer rate study findings whereby the reserves will be drawn upon in the early years and hit target level by year five of the rate series.

FY 2022-23 Capital Plan
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The FY 2022-23 Proposed Budget funds $12.1 million in capital improvement projects (CIP) and $1.8 million in asset replacements that will improve infrastructure and maintain the Town’s assets. • Storm Drains - Storm drain replacements will improve system dependability in wet weather conditions.
• Water Main Replacement - Aging water pipes will be replaced to improve longevity, water quality, water pressure to meet fire flow requirements and earthquake resistance. • Darrell Tank Replacement - This project will replace two tanks with one large concrete water storage tank.
• High Line Water Connection - Included in the Five-Year CIP Plan is the High Line Water Connection project totaling $6 million. This high priority project will provide a reliable, cost-effective water line at a higher elevation tied to the Harry Tracy plant and will protect health and safety in a natural disaster. In FY 2022-23, the project is in its initial stage. The Town is reviewing sources of funding for the project including contribution from partner cities, low interest debt or grant funding opportunities.
• Sewer Priority Basins - Sewer system improvements will reduce overflows and improve the longevity of the pipes. Priority Basin replacement is also essential for the sewer system to mitigate sewer system overflows.
• Technology - Technology and software upgrades will improve the delivery of services to residents. The budget includes software replacement for agenda management and record retention systems, financial software and planning software pertaining to Accessory Dwelling Unit (ADU) applications.
• Facilities - The budget funds maintenance of the police building, public works facilities and fire stations.
• Vehicles/Equipment - Vehicles and equipment that are deteriorating, have exceeded their useful service life, and/or have high maintenance costs will be replaced. • General Plan - The Town conducts the General Plan process and costs will be incurred over the next two to three years.

FEES AND CHARGES
The Town of Hillsborough provides the community with a wide variety of municipal services, including, but not limited to, police and fire protection, water delivery, wastewater collection, street maintenance, storm drainage, planning and development services, and building inspection services. General-purpose revenues, such as property taxes, are used to fund community-wide services such a police protection. User fees are used to cover the cost of providing services that have special benefit to an individual or group such as a planning application, building permit or encroachment permit associated with personal projects/property.

The Town normally updates the fees and charges approximately every three years. Most fees and charges were updated in FY 2021-22. There are only a few adjustments being proposed for FY 2022-23 to adjust for changes in services.

The proposed fees are intended to provide full cost recovery for the services rendered. However, the City Council may waive fees to subsidize and/or provide incentives to promote certain activities, provided those subsidies or incentives are funded with unrestricted revenue. Past -4-
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examples include the waiving or lowering of fees for accessory dwelling units, solar panels, and hazardous tree removal.

New Fees
On September 16, 2021, the Governor signed Senate Bill 9, Atkins (SB9), which took effect in all local jurisdictions on January 1, 2022. SB 9 allows all properties within a “single-family residential zone” to be subdivided into two parcels and developed with two primary dwelling units per lot, irrespective of local standards. In essence, the law allows for two new types of development activities that must be reviewed ministerially without any discretionary action or public input.

There are two new fees proposed for FY 2022-23 as follows:

1. Planning – Ministerial Review - SB 9 "Lot Split" - $963 This new fee allows for the subdivision of an existing legally subdivided lot into two lots regardless of the Town’s normal minimum lot size. All requirements associated with this type of project are detailed in HMC Chapter 16.44 - URBAN LOT SPLITS.

2. Planning – Ministerial Review - SB 9 "Two-Unit Project" - $1,235 This new fee allows the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot. All requirements associated with this type of project are detailed in HMC Chapter 17.54 - TWOUNIT PROJECTS.

These new fees are used to reflect Town cost for staff-level review of these two types of reviews.

Although these reviews are ministerial, and done without any discretionary review, the review is still time-intensive for staff to review all aspects of the proposal for compliance with the Town’s Municipal Code.

Changes to Existing Fees
There are four revised Police fees and one revised Planning fee for the purpose of achieving full cost recovery. Some of these fees have not been updated in many years, despite labor rate increases incurred by the Town. Most of the revised fees have increased while one is slightly decreasing. The combination of updated labor rates, reassessed scope of work and improved efficiencies has all contributed to the proposed rates.

Deleted Fees
A few fees have been discontinued, as the service is no longer provided or relevant, or the costs are captured in another fee.

Sewer and Water Rates
Sewer and water rates are presented on the Schedule of Fees and Charges at the maximum allowable rates by resolution as adopted for the five-year sewer and water rate series. These rates are separately reviewed and adopted by resolution each year for implementation on July 1 for -5-
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sewer rates and January 1 for water rates. The rates that are currently in effect remain until reviewed and adopted by resolution.

Water and sewer connection fees are annually adjusted based on the Engineering News Record Construction Cost 20-City Average Index (ENR-CCI), which was 14.8%. Proposed connection fees on July 1, 2022, are $17,572.00 for water and $17,101.00 for sewer.

Fire Fees - Central County Fire Department (CCFD)
The Town’s Master Fee Schedule includes fees administered by CCFD to Town customers so they can see all costs for their project. Examples of CCFD fees are care facilities inspections, reinspections, construction, sprinkler systems, permitting and standby fire services. All fees would be charged through and made payable to CCFD directly and are not imposed by the Town. There are no changes to these fees in FY 2022-23.

The Financial Advisory Committee (FAC) review the proposed budget and fees and charges at their meeting on April 26, 2022 and recommended approval. During the FAC review, the following questions were discussed:

1. Inflation as a risk area for the budget and for long-term forecast (CIP costs; operating costs).

It was discussed that it will be a risk area, which is somewhat mitigated by existing contracts and the CIP is competitively bidding process.

2. As a guiding principle, should a fund have a budget that nets to a net deficit and draws on reserves. The Sewer Fund proposed budget shows a Net Deficit.

It was discussed that the adopted five year rate series included such a projection, where the first years of the series would draw on reserves and would build to the target level by year five of the rate series. The proposed budget is consistent with this approach.

3. Should the General Fund be used for paying for Sewer Fund expenses (specifically Storm Drain CIP)? Enterprise sewer rates should cover the full cost of the operation/fund.

The rate study did evaluate the I&I benefit from improving storm drains thereby relieving sewer costs, however, it does not cover the total storm drain CIP master plan cost, thereby requiring General Fund transfer. A source of long-term funding is needed and is on the FY 2022-23 goals to review.

4. Is there money available with the new Infrastructure bill to fund the High Line Project? Staff is tracking the bills to determine any funding and has a lobbyist to review potential funding sources. A Federal funding request was filed on and the Town is awaiting to hear back.

5. Should the Master Fee schedule be updated every year, rather than the current practice of every three years. This was asked given the potential impact of inflation on labor on the Town’s costs. Staff explained that labor costs have been negotiated and are known for the next two years. -6-
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The full fee schedule was updated last year for payroll and CPI current rates. Any changes to the Master Fee schedule require a cost of service study. The cost and level of effort (ROI) for an annual study was also discussed. No specific direction was given to staff, but cost recovery should be considered carefully in this inflationary period.

The FAC also received an update on the swap tied to LIBOR with the cessation of LIBOR in June 2023. Staff outlined that current monitoring results that results remain unchanged from the review by City Council and FAC last year and staff will continue to monitor and bring back an update in December. The FAC also reviewed the Q2 Quarterly report and had no additional feedback.

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

ENVIRONMENTAL ISSUES: The consideration of this item is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guideline 15378(b) as a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact, or as an administrative activity that will not result in direct or indirect physical changes in the environment. Any items or projects funded through the budget are not a commitment to any project, but instead, any such projects will undergo their own analysis and potential approval in the future.

ATTACHMENTS:

1. FY 2022-23 Proposed Budget: https://www.hillsborough.net/ArchiveCenter/ViewFile/Item/558

2. Proposed Schedule of Fees and Charges
PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: This is an informational agenda item only. The City Council may provide feedback to staff in preparation for the June 13, 2022 public hearing on the FY 2022-23 Proposed Budget and Schedule of Fees and Charges.
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ATTACHMENT 1
The FY 2022-23 Proposed Budget is available on the Town website at:
https://www.hillsborough.net/ArchiveCenter/ViewFile/Item/558 -8-
ATTACHMENT 2

SCHEDULE OF FEES

AND CHARGES
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TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES
Deposit accounts: Full payment is required before permits issued. Failure to pay additional monies owed under deposit account constitutes an infraction, regardless of permit issuance.

SPECIAL TAX, SERVICE CHARGES & OTHER CITYWIDE FEES
Fee Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23 Business License Tax
Category 1 - Permit Business
(i.e. those businesses that must
obtain permits for specific work
projects in the Town) (payable
at the time permit is applied for
or before service and
collected by Building
Department with the building
permit) (T-1)
.5% of permit value
with $20 minimum
.5% of permit value
with $20 minimum
Category 2 - Non-Permit
Business (those businesses not
in Category 1 or Category 3)
(T-2)
.5% of Gross
Receipts with $100
minimum
.5% of Gross
Receipts with $100
minimum
Category 3 – Title Insurance
Companies (based on policy
amount)
$.30 per $1,000 $.30 per $1,000
Administrative fee $100 $100
Additional fee for each sales
associate in brokerage firms $25 $25
Additional fee for home
occupation business to
reimburse for Fire Inspection
to be assessed by
Central County Fire
Department
to be assessed by
Central County Fire
Department
Penalty to obtain business
license (5.04.230B)
$200 + 20% + 1 ½%
per month
$200 + 20% + 1 ½%
per month
Penalty to renew business
license (5.04.230A)
$200 + 50% + 1 ½%
per month
$200 + 50% + 1 ½%
per month
Business Vehicle Sticker $20 each $20 each
Public Safety Special
Tax Voter approved on June 1998
Improved Property $570 $570
Unimproved Property $218 $218
Sewer (annual
service)
Residential (Equivalent
Dwelling Unit) $3,685 $3,832
Hillsborough Racquet Club $1,4,74 $1,150
Cal Trans Rest Stop $25,793 $19,928
Crystal Springs Upland School $15,107 $18,012
Burlingame Country Club $72,589 $80,480
Crystal Springs Golf Club $22,108 $24,527
Hillsborough School District $30,215 $37,941
Nueva School $3,685 $3,832
Sewer Capital
Construction
Development Fee
Residential connection $14,896 $17,101
Residential with 2nd unit
including guest unit Actual Cost Actual Cost
Commercial connection rate
based on flow with minimum
amount to be determined by
PW
Actual Cost Actual Cost
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TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES
Bi-Monthly Water Charges: The bi-monthly water volume and service charges presented above reflect the maximum allowable rates for each fiscal year. To see the Town’s current water rates, refer to the Town website: https://www.hillsborough.net/188/Water-Service-Rates.

SPECIAL TAX, SERVICE CHARGES & OTHER CITYWIDE FEES
Fee Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23 Storm Drainage
Assessment
Ordinance 541 6/27/94
(Collected by County) $7.34 $7.34
Bi-Monthly Volume
Charge Maximum Allowable
Maximum
Allowable
Customer
Category Tier Size (Bi-Monthly Units)
Residential (HCF) $/HCF $/HCF
Tier 1 1 to 20 $7.12 $7.12
Tier 2 21 to 44 $9.04 $9.04
Tier 3 45 to 70 $12.41 $12.41
Tier 4 Over 70 $18.96 $18.96
Revenue
Stabilization Factors Level of Water Conservation Maximum Allowable
Maximum
Allowable
10% 1.05 1.05
20% 1.11 1.11
30% 1.19 1.19
40% 1.29 1.29
50% 1.44 1.44
Bi-Monthly Water
Service Charge Meter Size
Maximum
Allowable
$/Meter Size
Maximum
Allowable
$/Meter Size
¾” $163.56 $163.56
1” $199.20 $199.20
1 ½” $279.38 $279.38
2” $386.28 $386.28
3” $671.34 $671.34
6” $1,882.86 $1,882.86
8” $2,951.84 $2,951.84
Non-Residential $9.55 $9.55
Water Penalty For each unit above allotment
(see Note) $10 $10
Water Deposit Assessed to all new accounts $500 $500
Water Hydrant
Meter
Deposit (To be refunded after
use) $2,000 $2,000
Water Usage $14.18 $14.18
Water Delinquent
Bills
Basic penalty (unpaid after 30
days) 10% 10%
Interest (unpaid after 30 days) .5% per month .5% per month Additional penalty (after
delinquency notice) .5% per month .5% per month
Water Capital
Construction
Development Fee
1 inch $15,307 $17,572
1 ½ inch Actual Cost Actual Cost
2 inch Actual Cost Actual Cost
3 inch (rate based on delivery
capacity) Actual Cost Actual Cost
-11-

TOWN OF HILLSBOROUGH

SPECIAL TAX, SERVICE CHARGES & OTHER CITYWIDE FEES
Fee Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23 6 inch (rate based on delivery
capacity) Actual Cost Actual Cost
Miscellaneous
Events
Accounts referred to collection
agencies
+ 47% of amount
owed
+ 47% of amount
owed
Annual Report or Budget
Document $50 $50
Invoicing fee $25 $25
Photocopies $1 + $.20 each $1 + $.20 each
Fundraising Events Application fee (includes Fire
Dept fee of $200) $500 $500
Public notification fee (ADRB
and Fundraising Applications) $80 $80
Sign fee $175 $175
Police or Fire Additional
Resources:

Minor Event Actual with
minimum of $1,000
Actual with
minimum of $1,000
Major Event Actual with
minimum of $5,000
Actual with
minimum of $5,000
All Other Personnel Actual Actual

ALL OTHER STAFF
TIME Associate Planner $169 $186
Planning Manager $211 -
Building & Planning Director $293 $339
Assistant Building & Planning
Director - $286
Building Official $216 -
Building Inspector II $158 $166
Sr. Bldg Inspector/Plan Checker $178 $188
Building & Planning Technician
II $124 $130
City Attorney Actual cost + 20%
administrative fee
Actual cost + 20%
administrative fee
Landscape Architect Actual cost Actual cost
All Others Actual cost Actual cost
Other Contractual Services Actual cost + 20%
Admin fee
Actual cost + 20%
Admin fee
Non-Sufficient Funds Actual Charge by
the Bank
Actual Charge by
the Bank
-12-

TOWN OF HILLSBOROUGH

PLANNING DIVISION
Fee Description Task Description Project Description Adopted FY 21-22 Proposed FY 22-23 Annexation
Actual cost with
$10,000 minimum
deposit
Actual cost with
$10,000 minimum
deposit
Pre-application
review by Planner $1,033 $1,033
Administrative
Design Review
Minor Architectural
project
Additions less than
400 sq. ft. with no
Architectural
Style/Exterior
Material changes
$589 $589
Major Architectural
Project
Additions of 400 sq.
ft. or larger and/or
Architectural
Style/Exterior
Material changes
$985 $985
Minor Landscape
project
Tier I (Less than
5,000 sq. ft.) of new
irrigated area.
$547 $547
Major Landscape
project
Tier II (5,000 sq. ft.
or more) of new
irrigated area
and/or projects in
WUI areas
$716 $716
Landscaping
Required by ADRB $778 $778
Antennas and
Satellite dishes $304 $304

Gates, Columns,
and/or fencing
along the street
$481 $481

First request for 1-
year extension of
Administrative
approval
$401 $401
Emergency Tree
Removal1 $274 $274

First request for 1-
year extension of
ADRB approval
$537 $537

Public Notification
Fee for
Administrative
Design Review
$163 $163
ADRB
Roofing $1,454 $1,454
Major Landscape
Plans $1,958 $1,958
Minor Landscape
Plans $1,065 $1,065
-13-

TOWN OF HILLSBOROUGH

PLANNING DIVISION
Fee Description Task Description Project Description Adopted FY 21-22 Proposed FY 22-23 Ground floor
additions > 500 sq.ft $1,813 $1,813
Upper level
additions $2,119 $2,119
New house; Tear
downs $3,389 $3,389
Substantial
Remodel /
Architectural Style
Change
$2,830 $2,830

Houses exceeding
8,000 sq.ft - ADRB
review
$3,833 $3,833
Houses exceeding
12,000 square feet -
ADRB review
$4,784 $4,784
Houses exceeding
8,000 sq. ft – City
Council Review
$3,762 $3,762
Revisions to
approved plans $1,686 $1,686
Satellite dishes,
antennas $1,116 $1,116
Continuance for
design changes ½ of original fee ½ of original fee
Subsequent request
for 1-year extension
of ADRB or Admin
approval
$875 $875
Appeal of ADRB
decision $4,394 $4,394
Appeal of an
Administrative
Determination
$1,954 $1,954
Preliminary review
by ADRB $1,963 $1,963
Subsequent review $917 $917
Public Notification
Fee for ADRB
Application
$279 $279
Code Amendments
Actual cost with
$5,000 minimum
deposit
Actual cost with
$5,000 minimum
deposit
Conceptual /
Developmental
Plans

Actual cost with
$5,000 minimum
deposit
Actual cost with
$5,000 minimum
deposit
Ministerial Review -
SB 9 "Lot Split" - $963
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TOWN OF HILLSBOROUGH

PLANNING DIVISION
Fee Description Task Description Project Description Adopted FY 21-22 Proposed FY 22-23 Ministerial Review -
SB 9 "Two-Unit
Project"
- $1,235
Covenant against
property to insure
continued
use/action
(Restrictive
Covenant)
$493 $493
Environmental
documents Initial study Actual cost Actual cost
Categorical
exemption
Actual Cost base
on Consultant rate
Actual Cost base
on Consultant rate
Negative
Declaration
Actual cost with
$5,000 minimum
deposit
Actual cost with
$5,000 minimum
deposit
EIR
Actual cost with
$10,000 minimum
deposit
Actual cost with
$10,000 minimum
deposit
General Plan
Amendment Actual cost Actual cost
Private Schools,
Permit to Operate
Actual cost with
$7,500 minimum
deposit
Actual cost with
$7,500 minimum
deposit
Private Schools,
Annual Certification Under 25 Students $431 $431
Private Schools,
Annual Certification Over 25 Students $766 $766
Accessory Dwelling
Unit Application $685 $685
Accessory Dwelling
Unit Recordation
Fee
$250 $290
Accessory Dwelling
Unit Exception $905 $905
Variance, Nonconforming
structure
$5,800 $5,800
Wireless
Communication
Facilities Permit
Application

Actual cost with
$20,000 minimum
deposit
Actual cost with
$20,000 minimum
deposit
Minor Wireless
Communications
Facilities Permit
Application

Actual cost with
$10,000 minimum
deposit
Actual cost with
$10,000 minimum
deposit
Wireless Appeal
Actual cost with
$5,000 minimum
deposit
Actual cost with
$5,000 minimum
deposit
-15-

TOWN OF HILLSBOROUGH

BUILDING DIVISION
Fee Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23 Historic Building
Demolition Discretionary permit Actual cost with $2,000 minimum Actual cost with
$2,000 minimum
Certificate of hardship Actual cost Actual cost
Temporary Uses Trailers, prefab & rollaway houses $450 $450 Construction trailers $425 $425
Scan of Document Per page $3.00 each $3.00 each

CONSTRUCTION PERMIT FEES

INTRODUCTION
The Town of Hillsborough has adopted the 2016 California Building Code (CBC) that includes the 2015 edition of the International Building Code (IBC), the 2015 edition of the International Residential Code (IRC), the 2015 editions of the Uniform Mechanical and Plumbing Codes (UMC and UPC), and the 2015 edition of the National Electrical Code (NEC).

Building and Combination Permit Fees are based on the valuation of the project, which is the fair market value of labor and materials of the complete project, including materials and permanent fixtures. The Building Official determines cost per square foot, upon which to base the valuation. Electrical, mechanical and plumbing permit fees are often based on the number of hours staff spent on a particular project.

Town waives fees on second units except for plan check fees and the basic fees for photovoltaic systems.

SUMMARY AND BREAKDOWN OF FEES
Building Permit Fee The Building Permit Fee shall be as set forth in the Fee Schedule (See Table 1-A/18)
Electrical/Mechanical/Plumbing
Permit Fees
See Schedules E/18, M/08 & P/18.

Technology Fee The Technology Fee is charged on all permits and is 5% of all Permit Fee.

SMIP Fee The SMIP (Strong Motion Instrumentation Program) fee is a state fee collected on all building permits issued by local agencies and subsequently remitted to the State.

CalBSCF The CalBSCF (California Building Standards Administration Fund) fee is a state fee collected on all building permits issued by local agencies and remitted to the State.

General Plan Maintenance Fee The fee is intended to reimburse agencies for State mandates for land use policies.

Construction Vehicle Street Impact Fee The fee is intended to raise additional funds to improve streets that are impacted or heavily utilized by construction vehicles.

Business License Fee The business license fee is assessed on businesses including contractors operating within the Town limits. For convenience of administration, fees assessed on contractors and other construction related vendors, are collected upon issuance of the building permit.

Plan Review Fee The fee is assessed when plans are required for the issuance of the building permit.
-16-

TOWN OF HILLSBOROUGH

Revised Inside Plan Check Fee This fee is based on actual time and computed based on current hourly rate.

Green Point Regulations
Monitoring Fee
When a project is required to meet the Green Point Regulation, the responsible party shall pay a monitoring fee to cover the costs of monitoring the project for compliance against the Green Point Checklist. The fee deposit shall be $1,200 to cover staff time.

The monitoring fee may be partially or fully refunded if the responsible party shows proof of his/her contracting with a Green Point rater. The Green Point rater shall provide evidence of adequate green building compliance or documentation to the Building Official showing compliance to the requirements pursuant to the Hillsborough Municipal Code 15.19.070.

Revised Outside Plan Check Fee This fee is based on actual cost.

Renewal Fee for an Expired Permit A renewal fee will be assessed for an expired permit based on the length of time from issuance and the value of the original permit.

Stop Work Issued When a Stop Work Notice is issued for work being performed without permits or performed beyond the scope of existing permits, a special investigation and inspection shall be made before permits may be reissued for such work and a fee will be charged.

Construction Site Stop Work When a Stop Work Notice is issued for work or conditions that violate California or Municipal Codes, a reactivation fee will be assessed.

Reinspection Fee When the work for a called inspection is not ready or not accessible to the inspector, a fee will be assessed and must be paid prior to calling the next inspection
Special Fee When the Building Inspection Department requested necessary services that are not included in the fee schedule, the Building Official may assess and collect such fees that are necessary to defray the cost of the service.

Fee Adjustment In instances where the strict application of the fee from this Schedule would constitute a substantial inequity to an applicant or to the Town, the Building Official shall be authorized to adjust such fees on a case-by-case basis. Any such adjustment shall be recorded in writing and entered into the appropriate files.

TABLE 1-A/18 – BUILDING AND COMBINATION PERMITS
Type of Fee How
Charged Adopted FY 21-22 Proposed FY 22-23
Building Permit Fee:
$1-$4,000 $181 $181
$4,001-$25,000
$158 for the first $4,000 plus
$14.30 for each additional
$1,000 or fraction thereof, to
and including $25,000
$158 for the first $4,000 plus
$14.30 for each additional
$1,000 or fraction thereof, to
and including $25,000
$25,001-$50,000
$468.51 for the first $25,000
plus $10.21 for each
additional $1,000 or fraction
thereof, to and including
$50,000
$468.51 for the first $25,000 plus
$10.21 for each additional
$1,000 or fraction thereof, to
and including $50,000
$50,001-$100,000
$720.90 for the first $50,000
plus $7.35 for each additional
$1,000 or fraction thereof, to
and including $100,000
$720.90 for the first $50,000 plus
$7.35 for each additional
$1,000 or fraction thereof, to
and including $100,000
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TOWN OF HILLSBOROUGH

TABLE 1-A/18 – BUILDING AND COMBINATION PERMITS
Type of Fee How
Charged Adopted FY 21-22 Proposed FY 22-23
$100,001-$500,000
$1,086.95 for the first $100,000
plus $5.90 for each additional
$1,000 or fraction thereof, to
and including $500,000
$1,086.95 for the first $100,000
plus $5.90 for each additional
$1,000 or fraction thereof, to
and including $500,000
$500,001-$1,000,000
$3,446.05 for the first $500,000
plus $5.00 for each additional
$1,000 or fraction thereof, to
and including $1,000,000
$3,446.05 for the first $500,000
plus $5.00 for each additional
$1,000 or fraction thereof, to
and including $1,000,000
$1,000,000 and up
$5,944.80 for the first
$1,000,000 plus $3.75 for
each additional $1,000 or
fraction thereof
$5,944.80 for the first $1,000,000
plus $3.75 for each additional
$1,000 or fraction thereof
Green building – HMC

15.19.070-
Monitoring Fee
Each G-1 thru G-4 Projects $1,200 G-1 thru G-4 Projects $1,200 SMIP Per permit .01% (0.0001) of permit
valuation
.01% (0.0001) of permit
valuation
CalSSCF Per permit $1 per $25,000 of permit
valuation
$1 per $25,000 of permit
valuation
Business License Tax Per permit .5% (0.005) of permit
valuation with $20 minimum
.5% (0.005) of permit valuation
with $20 minimum
General Plan Maintenance Fee Per permit .05% (0.0005) of permit valuation (7/1/04)
.05% (0.0005) of permit
valuation (7/1/04)
Construction Vehicle Impact
Fee Per permit .83% (0.0083) of the job value
(7/1/06)
.83% (0.0083) of the job value
(7/1/06)
Technology Fee 5% (.05) of the permit fee
(7/1/03)
5% (.05) of the permit fee
(7/1/03)
Building Plan Check Fee Per permit
with plans 65% of the permit fee 65% of the permit fee
Building Bond Deposit Project >
than 50K 2% (0.02) of the job valuation 2% (0.02) of the job valuation Scan of Document Per page $3.00 each $3.00 each
Expedite Plan Check Fee Per hour SUM OF (Consultant cost + 20%) + (staff time x 1.5)
SUM OF (Consultant cost +
20%) + (staff time x 1.5)
Revision Plan Check Fee Per hour SUM OF (Consultant cost + 20%) + (staff time x 1.5)
SUM OF (Consultant cost +
20%) + (staff time x 1.5)
Stop Work Issued Pursuant to HMC § 15.04.070
+ Staff time
Pursuant to HMC § 15.04.070 +
Staff time
Public utility maintenance &
emergency tree removal Each Actual Cost Actual Cost
Re-inspection / Additional
Inspection Fee $150 $150
After Hour Inspection Fee (3
hour minimum) Each
3 hr min x 1.5 hourly rate
Additional hours at 1.5 x rate
Sunday = 3 hr min hourly rate
x 2
3 hr min x 1.5 hourly rate
Additional hours at 1.5 x rate
Sunday = 3 hr min hourly rate x
2 Staff time charge/lost job card Staff time Staff time Renewal fee for expired permit:
< 1 year
> 1 year
Staff time
Staff time plus valuation of
the remaining work
Staff time
Staff time plus valuation of the
remaining work
Construction Trailers Actual Cost Actual Cost
-18-

TOWN OF HILLSBOROUGH

TABLE 1-A/18 – BUILDING AND COMBINATION PERMITS
Type of Fee How
Charged Adopted FY 21-22 Proposed FY 22-23
Recycle Monitoring Cost Cost + 20% (refer to HMC §

15.18.030)
Cost + 20% (refer to HMC §

15.18.030)
Recycle Fines
Pursuant to HMC § 15.18.040
(Up to ten times the cost of
the permit)
Pursuant to HMC § 15.18.040
(Up to ten times the cost of the
permit)
Building Bond Penalties Pursuant to HMC § 15.30.060 Pursuant to HMC § 15.30.060 Code Enforcement Penalties Refer to HMC § 15.04.070 +
staff time
Refer to HMC § 15.04.070 + staff
time
Permit Expired Fees Per hour Staff time charges Staff time charges Special Project Direct Cost See summary and
breakdown of fees
See summary and breakdown
of fees
Civil Engineering Plan Check
Fee Per hour Cost + 20% admin fee Cost + 20% admin fee
Engineering
Inspection/Consulting Per hour Cost + 20% admin fee Cost + 20% admin fee Outside Structural Plan Check Per hour Cost + 20% admin fee Cost + 20% admin fee Erosion Control Inspection Per hour See ENGINEERING SECTION See ENGINEERING SECTION Fire Plan Check/Review Per hour Charged directly by CCFD Charged directly by CCFD Copy of files or plans on a CD
or Disc $67 $67
REROOF:
< 5 SQUARE FEET
5 TO 40 SQUARE FEET
> 4O SQUARE FEET
VALUED @ $11,001 - $244.40
VALUED @ $25,001 - $440.51
VALUED @ $35,001 - $542.61
VALUED @ $11,001 - $244.40
VALUED @ $25,001 - $440.51
VALUED @ $35,001 - $542.61
SCHEDULE E/18 – ELECTRICAL AND COMBINATION PERMIT
Type of Fee How
Charged Adopted FY 21-22 Proposed FY 22-23
Electrical Permit Fee $181 $181
Electrical Combination Permit
Fee $71 $71
Additional
Appliance/Unit/Repair Each $40 $40
Business License Tax Per permit .5% .5%
Technology Fee Per permit 5% 5%
Generator Each $150 + BASE FEE $150 + BASE FEE
Electrical Services:
< 600 V up to 400 AMPS
< 600 V 400+ AMPS
Each
Each
$150 + BASE FEE
$220 + BASE FEE
$150 + BASE FEE
$220 + BASE FEE
New Single Family Residential Per SF $0.11 per square foot $0.11 per square foot Addition/Alteration < 1,150 SF Per SF $181 + BASE FEE $181 + BASE FEE Addition/Alteration > 1,150 SF Per SF $0.10 per square foot $0.10 per square foot Kitchen Each $150 + BASE FEE $150 + BASE FEE
Bathroom Each $110 + BASE FEE $110 + BASE FEE
Swimming Pools/Spa Each $260 + BASE FEE $260 + BASE FEE Tennis Courts Each $220 + BASE FEE $220 + BASE FEE
Landscape Lighting Each $220 + BASE FEE $220 + BASE FEE Temporary Power Each $110 + BASE FEE $110 + BASE FEE

-19-

TOWN OF HILLSBOROUGH

SCHEDULE E/18 – ELECTRICAL AND COMBINATION PERMIT
Type of Fee How
Charged Adopted FY 21-22 Proposed FY 22-23
Photovoltaic
< 10kw
> 10kw
Each
Each
$299
$299
$299
$299
Re-inspection / Additional
Inspection Fee Per hour $150 $150
Staff Time Charge Per hour See schedule See schedule
Plan/Revision Plan Check Fee Staff time charges Staff time charges Direct Cost See summary and
breakdown of fees
See summary and breakdown
of fees
Photo Copy $1.00 for 1st page, $0.20 each
additional page plus tax
$1.00 for 1st page, $0.20 each
additional page plus tax
EVC and Battery Storage
Systems FEES ARE WAIVED FEES ARE WAIVED
SCHEDULE M/18 – MECHANICAL AND COMBINATION PERMIT
Type of Fee How
Charged Adopted FY 21-22 Proposed FY 22-23
Mechanical Permit Fee $181 $181
Mechanical Combination
Permit Fee $80 $80
Additional
Appliance/Unit/Repair Each $79 $79
Business License Tax Per permit See table above See table above Technology Fee Per permit See table above See table above Plan & Revision Plan Check Fee Per hour Actual staff time Actual staff time New Single Family Residential Per SF $0.10 per square foot + BASE FEE
$0.10 per square foot + BASE
FEE
Addition/Alteration:
< 1,056 SF
> 1,056 SF Per SF
$150 + BASE FEE
$0.09 per square foot + BASE
FEE
$150 + BASE FEE
$0.09 per square foot + BASE
FEE
HVAC/Heating System
Replacement Each $150 + BASE FEE $150 + BASE FEE
Additional appliances Each $40 $40
Home Efficiency Review $126 /hour + BASE FEE $126 /hour + BASE FEE Stop Work Penalties Pursuant to HMC § 15.04.070
+ Staff time
Pursuant to HMC § 15.04.070 +
Staff time
Re-inspection Fee / Additional
inspection fee Each $150 $150
Staff Time Charge Per hour See schedule See schedule
Plan/Revision Plan Check Fee Per hour Staff time charges Staff time charges Direct Cost See summary and
breakdown of fees
See summary and breakdown
of fees
-20-

TOWN OF HILLSBOROUGH

SCHEDULE P/18 – PLUMBING PERMIT AND COMBINATION PERMIT
Type of Fee How
Charged Adopted FY 21-22 Proposed FY 22-23
Plumbing Permit $181 $181
Plumbing Combination Permit
Fee $71 $71
Business License Tax Per permit See table above See table above Technology Fee Per permit See table above See table above New Single Family Residential Per SF $0.11 per square foot $0.11 per square foot Addition/Alteration:
<950 SF
>950 SF Per SF
$150 + BASE FEE
$0.10 per square foot
$150 + BASE FEE
$0.10 per square foot
Additional Appliances Per Unit $40 $40
Kitchen Each $150 + BASE FEE $150 + BASE FEE
Bathroom Each $110+ BASE FEE $110+ BASE FEE
Swimming Pools Each $260 +BASE FEE $260 +BASE FEE
Sewer & Water Test Each $409 + BASE FEE $409 + BASE FEE Backflow Device for Sewer Each $110 + BASE FEE $110 + BASE FEE Sewer Lateral Replacement Each $110 + BASE FEE $110 + BASE FEE Drainage/Irrigation $220 + BASE FEE $220 + BASE FEE
Stop Work Penalties Pursuant to HMC § 15.04.070
+ Staff time
Pursuant to HMC § 15.04.070 +
Staff time
Re-inspection / Additional
Inspection Fee $150 $150
Plan & Revision Plan Check SUM OF (Consultant cost +
20%) + (staff time)
SUM OF (Consultant cost +
20%) + (staff time)
Staff time charge See schedule See schedule
Direct Cost See summary and
breakdown of fees
See summary and breakdown
of fees
Sewer Connections –
Residential & Commercial
See Special Tax, Service
Charges, & Other Citywide
Fees
See Special Tax, Service
Charges, & Other Citywide
Fees
New Water Service or Meter
See Special Tax, Service
Charges, & Other Citywide
Fees
See Special Tax, Service
Charges, & Other Citywide
Fees
-21-

TOWN OF HILLSBOROUGH

ENGINEERING DIVISION
Fee Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23 Address Change Quarterly approval where house
currently exists $1,214 $1,214
Accelerated process, in addition to
above $431 $431
Appeal fee $737 $737
Construction
Vehicle Impact
Refer to Building Department Fee
Schedule
Encroachment
Permits With Engineering Review $860 $860
Over the Counter $526 $526
Additional service added to the
base encroachment permit:

1. Utility Trench $193 $193

2. Curb & Gutter $193 $193

3. Parking Strip $193 $193

4. Driveway Apron $193 $193

5. Curb Drains $193 $193

6. Bell Holes $193 $193

7. Sewer Tie-in $193 $193

8. Storm Drains $193 $193

9. ROW fixtures $193 $193

10. Planting in ROW $193 $193
Inspection Staff time cost Staff time cost
Reinspection/Extra inspection $178 $178
Revocable encroachment permit
(REP) $2,480 $2,480
Erosion Control
Inspection (in
addition to
grading fees for
erosion control
during wet
season)
Level 1 $1,360 $1,360
Level 2 Additional $2,380 Additional $2,380
Level 3 $3,709 + actual cost
in excess of 10 hours
$3,709 + actual cost
in excess of 10 hours
Re-issue $1,335 $1,335
Exceptions Grading 821 821
Right-of-Way 821 821
Fire Flow Test Flow Hydrant $521 $521
Non-flow $323 $323
Grading Permit Application fee $124 $124
Grading Permit Base Fee $1,114 $1,114
< 500 cubic yards to be moved $1,662 $1,662
-22-

TOWN OF HILLSBOROUGH

ENGINEERING DIVISION
Fee Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23 500 – 1,499 cubic yards to be
moved $3,091 $3,091

> 1,500 cubic yards to be moved
and transport to and from site >=
1,500 cubic yards
$6,865 $6,865

> 1,500 cubic yards to be moved
and transport to and from site is <
1,500 cubic yards
$5,351 $5,351
Land Divisions Abandonment
Actual Cost with
$5,000 minimum
deposit
Actual Cost with
$5,000 minimum
deposit
Tentative Map
Actual Cost with
$20,000 minimum
deposit
Actual Cost with
$20,000 minimum
deposit
Parcel/Final Map
Actual Cost with
$22,582 minimum
deposit + $365/lot
Actual Cost with
$22,582 minimum
deposit + $365/lot
Lot Line Adjustment
Actual Cost with
$5,000 minimum
deposit
Actual Cost with
$5,000 minimum
deposit
Park Permit $856 $856
Roadway Slurry Seal in-lieu fee $4/square yard $4/square yard Stop Work Permit Reactivation fee (per occurrence) $1,870 $1,870 -23-

TOWN OF HILLSBOROUGH

PUBLIC WORKS DIVISION – SPECIAL SERVICES
Fee
Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23

General
Service
Request
Sewer – Regular work hours Actual Cost Actual Cost
Streets – Regular work hours Actual Cost Actual Cost
Water – Regular work hours Actual Cost Actual Cost
Sewer – After work hours Actual cost
(3hrs/$612 minimum)
Actual cost
(3hrs/$612 minimum)
Streets – After work hours Actual cost
(3hrs/$612 minimum)
Actual cost
(3hrs/$612 minimum)
Water – After work hours Actual cost
(3hrs/$585 minimum)
Actual cost
(3hrs/$585 minimum)
Sewer Lateral
Test
PW review (required at time of
sale of property) $377 $377
Water Meter
Upgrade and
Service Tap
Short Service – 1 inch to 1.5 inch $7,344 $7,344
Short Service – 1 inch or 1.5 inch
to 2 inch $7,533 $7,533
Long Service (more than 5 feet
into roadway) 1 inch to 1.5 inch $17,518 $17,518

Long Service (more than 5 feet
into roadway) 1 inch or 1.5 inch
to 2 inches
$17,707 $17,707
Stand Alone Meter
Replacement Charge $2,596 $2,596
Resetting pavers/flagstone with
meter upgrade
Contractor’s Actual
Cost with $1,000
minimum deposit
Contractor’s Actual
Cost with $1,000
minimum deposit
Water Reconnection Charge (regular
work hours) $153 $153
Reconnection Charge (after
hours) $585 $585
*regular hours
Reconnection Charge (Qualify for
Low Income) $50 $50
*after hours
Reconnection Charge (Qualify for
Low Income) $150 $150
Manual Water Meter Read $153 $153
-24-

TOWN OF HILLSBOROUGH

POLICE DEPARTMENT
Fee Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23

Abatement cost Per lot or nuisance
declared
Actual + 100% admin fee
with $250 minimum
Actual + 100% admin fee
with $250 minimum
Alarm Permit $60 $60
False Alarm (1st and 2nd
are free of charge)
False Alarm – 3rd to 5th
alarm $100 each $100 each
False Alarm – 6th and
subsequent $200 each $200 each
Reinstatement fee $200 $200
School $30 $30
Monitoring Fee $24/month $24/month
Character Letter $10 $22
Copies Police Report $10 $20
Fingerprints (per card) $18 $22
Repossession fee
(GC 41612) $15 $15
Vehicle Release $40 $39
All Other Services Police Officer $211 $189
Police Corporal $212 $216
Police Sergeant $239 $241
Code Enforcement
Officer $159 $163
Communications Officer $163 $157
Community Service
Officer $90 $88
Police Records Supervisor $135 $137
-25-

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES
FIRE FEES – CENTRAL COUNTY FIRE DEPARTMENT
Service Reference Fee

CARE FACILITIES INSPECTION
Pre-inspection of licensed community
care (per hour)
Health &
Safety Code
§13235
$173
Residential Care Facility for Elderly
serving 6 or fewer persons – fire
inspection enforcement
Health &
Safety Code §
1569.84
No Charge
Residential Care Facility $358
Large Family Day Care $111
Skilled Nursing Facilities $686
Hospital/Institution $2,658

RE-INSPECTIONS
Second re-inspection (fee per
inspection) $133
Third and subsequent re-inspection
(fee per inspection) $161

CONSTRUCTION
General Fire & Life Safety Services
 Consultation & Research
 Pre-application meetings &
Design Review
 Property Survey
 General Construction
Inspections
 Processing, Scheduling, and
Record Keeping
12% of Building Permit fees for
Commercial and Multi-Family
Residential
Building or Planning Plan Check Fees
(per hour) $181
Expedite Building or Planning Check
Fees
(2 hour minimum)
$362
Consultation and Planning (per hour) $263
Alternate Means of Protection Review
(per hour) $263
Fire Alarm/Fire Protection Systems:

Permit for Sprinkler Monitoring System $207
Permit for Manual System $207
Permit for Automatic System $371
Permit for Combination System $535
Fixed Fire Extinguishing System Permit $289
Standpipe System Permit $371
Storage Tank (above or below ground)
Permit $207
Multi-Residential or Commercial Fire
Alarm system remodel or extension $207
Multi-residential or commercial minor
fire alarm remodel or repair (device
relocation/adjustment)
$125
-26-

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES
FIRE FEES – CENTRAL COUNTY FIRE DEPARTMENT
Service Reference Fee
Emergency Responder Radio
Coverage System Permit
§510, CFC Title
24 Part 9 $342

FIRE SPRINKER SYSTEMS
One or two Family Dwelling Fire
Sprinkler System (NFPA 13D) - flat fee
including 2 inspections (additional
inspections will be charged at the
hourly rate of the staff who perform
each inspection)
$452
Fire Pump Permit $207
New Multi-Residential or Commercial
Fire sprinkler System (NFPA 13 or 13R)
Permit – flat fee including 2 inspections
(additional inspections will be charged
at the hourly rate of the staff who
perform each inspection)
$864
Multi-Residential or Commercial Fire
Sprinkler system remodel or extension $207
Fire Sprinkler minor remodel or repair
(sprinkler head relocation/adjustment) $125
Fire Service Line Permit $371
Fire Flow Information Admin Fee
(Please refer to fee schedule for each
city for respective fire flow fees for
each city)
$39

MISCELLANEOUS FEES AND PERMITS
Community CPR / AED Class $40 Resident
$50 Non-Resident
Labor Rate for Mechanic Shop $125
Photographs from investigations Cost of Reproduction
Fire Incident Reports (not including
photographs) $10
Work without a construction permit
(fees to be determined at Fire
Marshal’s discretion)
Up to 10 times the permit fees
Emergency Response Costs for Driving
under the Influence. (Billing upon
conviction)
Govt. Code
§53150-58
Costs according to Personnel
Schedule below plus Apparatus
cost of $140 as set by State
False Alarms $540 for 3 to 5 and $1,080 for 6 or
more
Vegetation Management/WildlandUrban Interface Inspection $200 Change of Use inspection (usually
triggered by new business license) $158
Hazardous Materials Cleanup/Response
Costs according to Personnel
Schedule below plus Apparatus
cost of $140 as set by State
-27-

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES
FIRE FEES – CENTRAL COUNTY FIRE DEPARTMENT
Service Reference Fee

STAND BY SERVICE
Firefighter (per hour – minimum of 3
hours) $116
Fire Captain (per hour – minimum of 3
hours) $134
Battalion Chief (per hour – minimum of
3 hours) $157
Engine Company (per hour – minimum
of 3 hours plus apparatus costs – per
day as set by the State)
$480 per hour + $140 per hour for
apparatus

PERSONNEL COSTS (PER HOUR)
Administration $67
Firefighter $116
Fire Captain $134
Fire Prevention Specialist $82
Fire Inspector $164
Deputy Fire Marshal $173
Battalion Chief $157
Fire Marshal $198
Deputy Fire Chief $238
Fire Chief $272

GENERAL PERMITS
Aerosol Products $193
Amusement Buildings $316
Apartments, Hotels and Motels – 10 or
less units
$163
Apartments, Hotels and Motels – 11 to
25 units
$184
Apartments, Hotels and Motels – 26 or
more units
$205
Apartments (Specialized Inspection) $219
Aviation Facilities $563
Battery System $563
Carnivals and Fairs $316
Christmas Tree Lot $316
Combustible Fiber Storage $316
Combustible Material Storage $316
Commercial Occupancy Assigned to
Prevention $200
Commercial Rubbish-Handling
Operation $316
Compressed Gases $316
Cryogens $316
Dry Cleaning Plants $316
Dust-Producing Operations $316
Exhibits & Trade Shows – Display Booth $316
Exhibits & Trade Shows – With Open
Flame $316
-28-

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES
FIRE FEES – CENTRAL COUNTY FIRE DEPARTMENT
Service Reference Fee
Exhibits & Trade Shows – Display Fuel
Powered Equipment $316
Explosives or Blasting Agents $563
Fire Hydrants and Water Control Valves $313
Fireworks $563
Flammable or Combustible Liquids $563
Hazardous Materials $563
High-Piled Combustible Storage –
20,000 square feet or less $572
High-Piled Combustible Storage – more
than 20,000 square feet $654
Highrise $449
Hot-Work Operations $316
Liquefied Petroleum Gasses $563
Liquid-or gas-fueled Vehicles or
Equipment in Assembly Buildings $563
Live Audiences $563
Lumber Yards storing in excess of
100,000 board feet $440
Magnesium Working $316
Motor Vehicle Fuel-Dispensing Stations $316
Open Burning $316
Organic Coating $316
Ovens, Industrial Baking and Drying $316
Parade Floats $316
Places of Assembly $522
Production Facilities $522
Pyrotechnical and Special Effects
Material $563
Radioactive Materials $316
Refrigeration Equipment $440
Repair Garage $316
Spraying and Dipping $316
Tents, Canopies, and Temporary
Membrane Structures $478
Tire Storage $316
Wood Products $316
-29-

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES

SAN MATEO COUNTY ANIMAL CONTROL FEES & CHARGES
The Town’s latest ordinance 6.12.070 adopts the San Mateo County Fee Schedule for animal control services. The above fees reflect the County’s fee schedule. Any updates to the County Fee Schedule that are not reflected on this schedule supersede the fees on this schedule.
**These fees are charged by the County of San Mateo and are remitted to the Town based on contractual formula.

6.12.070 - Schedule of fees and charges
Animal Control and Licensing fees and charges established by this code are as follows:
(a) License Fees**
Dogs
Unaltered dog and wolf hybrid
1-year license $50.00
3-year license $145.00
Senior Pet Owner (over 60 yrs)
1-year license $18.00
3-year license $54.00
Altered dog and wolf hybrid
1-year license $20.00
3-year license $55.00
Senior Pet Owner (over 60 yrs)
1-year license $9.00
3-year license $23.00
Misc dog fees
Late fee $20.00
Duplicate tag $8.00
Cats
Unaltered cat
1-year license $15.00
3-year license $45.00
Senior Pet Owner (over 60 yrs)
1-year license $7.00
3-year license $21.00
Altered cat
1-year license $7.00
3-year license $17.50
Altered Cat
-30-

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES

SAN MATEO COUNTY ANIMAL CONTROL FEES & CHARGES
.
1-year license $5.00
3-year license $11.25
Misc cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges
Type A & B (large or medium size animals — horses, cows, hogs, sheep, etc.)
Impound cost $125.00
Board cost per day $25.00
Transportation cost (per animal) $70.00
Trailering cost (per use) $70.00
Type C (dogs, cats and wolf hybrids)
Impound Costs — First Offense
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $60.00
Altered — unlicensed, no tag $50.00
Unaltered — unlicensed, no tag $80.00
Impound Costs — Second Offense
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $120.00
Altered — unlicensed, no tag $90.00
Unaltered — unlicensed, no tag $120.00
Impound Costs — Third Offense
Altered — licensed, wearing tag $135.00
Unaltered — licensed, wearing tag $150.00
Altered — unlicensed, no tag $135.00
Unaltered — unlicensed, no tag $150.00
Impound Costs — Fourth Offense
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $210.00
-31-

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES

SAN MATEO COUNTY ANIMAL CONTROL FEES & CHARGES
.

Altered — unlicensed, no tag $180.00
Unaltered — unlicensed, no tag $210.00
Impound Costs — Fifth Offense and up
Altered — licensed, wearing tag $225.00
Unaltered — licensed, wearing tag $255.00
Altered — unlicensed, no tag $225.00
Unaltered — unlicensed, no tag $255.00
Board charges (per day)
Altered — dogs/wolf hybrids $20.00
Unaltered — dogs/wolf hybrids $25.00
Altered — cats $16.00
Unaltered — cats $19.00
Type D (small size animals, i.e. birds, hamsters)
Impound cost $40.00
Board cost $13.00
(c) Surrender, Euthanasia and Dead on Arrival Disposal Fees Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Litter of Three or more
Surrender $50.00
Euthanasia $40.00
-32-

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES

SAN MATEO COUNTY ANIMAL CONTROL FEES & CHARGES
.

DOA Disposal $30.00
Bird/Fowl
$30.00
Euthanasia $15.00
DOA Disposal $22.00
All Exotic Animals
Surrender $25.00
Euthanasia $25.00
DOA Disposal $25.00
Farm Animals
Surrender $60.00
Euthanasia $100.00
DOA Disposal $100.00
(d) Quarantine Fee — Home $50.00
(e) Dangerous Animal Permit (DAP) Fee $260.00
(f) DAP Inspection Fee $100.00
(g) DAP Signage $10.00
(h) Field Return Fee $35.00
(i) Breeding Permit Fee $50.00
(j) Fancier Permit and/or exotic pet fee $100.00
(k) Return Check Fee $25.00
(l) Records Request Fee $.20/page
(m) Animal Control and Licensing Program may establish license discounts for recognized animal rescue organizations.
-33-

UNAPPROVED MINUTES
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 was 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 participated in the meeting virtually via Zoom Video Conference or in person at Town Hall.

CLOSED SESSION

CALL TO ORDER
Mayor Royse called the meeting to order at 4:32 p.m.

ROLL CALL

Present: Chuang, Cole, May, Krolik, Royse
Councilmember May joined the meeting in Closed Session at 5:15 p.m.

PUBLIC COMMENT
There were no speakers.

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

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

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 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
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Page 2 ends

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
The Closed Session adjourned at 6:00 p.m.

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

II. ROLL CALL

Present: Chuang, Cole, 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 4-0 with Councilmember May absent to approve the claim of Todd Lasman in the amount of $444.00, and the City Council voted 4-0 with Councilmember May absent to reject the claim of Maha (Mona) Naber.

V. MINUTES: March 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 Cole and unanimous on roll call vote, the minutes of the March 14, 2022 City Council meeting were approved.

VI. PRESENTATION:
• LEGISLATIVE UPDATE BY RENNE PUBLIC POLICY GROUP (RPPG) Dane Hutchings, Managing Director, Renne Public Policy Group, provided a legislative update and responded to City Council questions.

VII. PUBLIC COMMENT I
Dennis Moore, Churchill Drive, expressed appreciation for the management of the Housing Element Advisory Committee, requested a status update on plans related to noise control from two-stroke leaf blowers and suggested gardeners with two-stroke leaf blowers not be licensed to do business in the Town, requested an update on the plan for removing eucalyptus trees and dead vegetation from canyons, and requested creation of an advisory council of Town residents including a telecommunications expert who live in the town to explore options to provide effective cellular or Wi-Fi coverage to all Town residents, including during outages, without harming the Town’s beauty and safety.

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. -36-
Unapproved Minutes – Hillsborough City Council
Monday, April 11, 2022

Page 3 ends

Vice Mayor Krolik provided comments in support of the fundraising events in Items 5, 6 and 7.

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

On motion of Councilmember May, seconded by Councilmember Chuang and unanimous on roll call vote, the Consent Calendar was approved.

1. MONTHLY CLAIMS: MARCH 1 THROUGH MARCH 31, 2022
The monthly claims for the month of March 2022 in the amount of $5,018,216.40 were approved as submitted.

2. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING MARCH 31, 2022
The Treasurer’s Report for the quarter ending March 31, 2022 was approved.

3. QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT
The Interest Rate Products Report for the quarter ended March 31, 2022 was accepted.

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
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 was adopted.

5. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 22-02 FOR THE HILLSBOROUGH BEAUTIFICATION FOUNDATION'S CELEBRATE MAY! EVENT Fundraising Event Permit Application 22-02 for the Hillsborough Beautification Foundation’s Celebrate May! Event, subject to the conditions recommended by staff was approved.

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

APPLICATION FOR A NEW SIGN FOR THE SOLMATEO HOME TOUR
Fundraising Event Permit Application 22-03 for the SolMateo Home Tour, subject to the conditions recommended by staff, and the application for the SolMateo Home Tour signs were approved.

7. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 22-04 FOR THE HILLSBOROUGH SCHOOLS FOUNDATION'S 2022 FUN RUN
Fundraising Event Permit Application 22-04 for the Hillsborough School Foundation 2022 Fun Run, subject to the conditions recommended by staff was approved.

8. RESOLUTION APPROVING MODIFICATIONS TO THE BENEFIT PACKAGE FOR

UNREPRESENTED EMPLOYEES
The resolution approving modifications to the benefit package for Unrepresented employees was adopted.

9. RESOLUTION ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF A TENFOOT-WIDE STORM DRAIN EASEMENT AT 145 PINEHILL ROAD The resolution accepting the irrevocable offer of dedication of a ten-foot-wide storm drain easement at 145 Pinehill Road was approved.
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Unapproved Minutes – Hillsborough City Council
Monday, April 11, 2022

Page 4 ends

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 The 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 for $103,500.00 allocating funds from the Public Works Solar and Energy Efficiency Improvements Program (Capital Improvement Plan #515.00), and approving a 20% contingency, if needed, was adopted.

11. ACCEPTANCE OF THE 2021 GENERAL PLAN ANNUAL PROGRESS REPORT The 2021 General Plan Annual Progress Report was accepted.

12. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361
A motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361 was approved.

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
Assistant Director of Building and Planning Tim Anderson provided the staff report.

Mayor Royse opened the Public Hearing at 7:07 p.m.

John Norwood, Government Relations, California Pool and Spa Association spoke regarding a letter sent to the City Council last year requesting an exemption for natural gas pools and spas.

Terry Nagel, former Burlingame Mayor, 2337 Poppy Drive, Burlingame, spoke in support of the ordinance.

Gus Benz strongly recommended the City Council table the reach code until the new State Energy Code is issued later this year, citing concerns that gas emissions will still occur elsewhere in the state, increased homeowner construction costs, appliance costs, ongoing maintenance of the appliances, increase in annual utility costs, added dependence on the power grid, and the possibility that upcoming revisions to the State Energy Code may make the ordinance invalid or moot.

Kathy Battat, 524 Craig Road, spoke in support of the ordinance and encouraged development of educational materials to address transitioning existing homes to electric appliances.

John Luongo, 1080 Parrott Drive, spoke in support of the ordinance and regarding the Town’s use of clean energy through Peninsula Clean Energy to contribute to the reduction of emissions.

Mayor Royse closed the Public Hearing at 7:19 p.m.

Gus Benz responded to City Council questions.

On motion by Councilmember May, seconded by Vice Mayor Krolik and unanimous on roll call vote, the ordinance entitled “Ordinance of the City Council of the Town of -38-
Unapproved Minutes – Hillsborough City Council
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Page 5 ends

Hillsborough Amending Title 15 (Building 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 adopted.

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
Senior Management Analyst Mandy Brown provided the staff report. Eun-Soo Lim, Senior Sustainability Specialist, County of San Mateo, provided additional information.

Mayor Royse opened the Public Hearing at 7:40 p.m. There were no speakers. Mayor Royse closed the Public Hearing at 7:40 p.m.

On motion of Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, 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 adopted.

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
Police Captain Nelson Corteway provided the staff presentation. City Attorney Christopher Diaz provided additional information.

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

On motion of Councilmember Cole, seconded by Councilmember Chuang and unanimous on roll call vote, the 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” was introduced with further reading waived and a public hearing for May 9, 2022 was set for adoption of the ordinance.

XII. INFORMATIONAL

16. CITY MANAGER'S UPDATE
The City Manager provided an informational update.

XIII. PUBLIC COMMENT II
Aaron Zornes, Alberta Way, spoke in support of the installation of Flock cameras and suggested future cameras purchased include the signage Atherton has, to let drivers know their license plates are being captured. Zornes suggested cameras at each entrance to the Town and suggested ARPA funds be used for the purchase of cameras.

XIV. CITY COUNCIL ITEMS
Councilmember Cole reported her attendance at a meeting of the Central County Fire Department Board in which training, succession planning, and the nationwide shortage of paramedics were discussed, and reported a tour of construction in Burlingame with a Burlingame Councilmember which included a new parking garage on Highland Avenue. -39-
Unapproved Minutes – Hillsborough City Council
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Page 6 ends

Councilmember May reported his attendance at a meeting of Peninsula Clean Energy and stated a Chief Operating Officer has been hired.

Mayor Royse reported his attendance at a meeting of the SFO Airport/Community Roundtable, a meeting of the Hillsborough Beautification Foundation, and his attendance at Congresswoman Speier’s Health Care Worker Thank You Event at Kaiser in Redwood City.

XV. MAYOR'S APPLAUSE
Mayor Royse recognized the Bay Area Leos Club and representatives Joy Yeo and Lauren Hong for the Leos Club project with the TREX Recycling Challenge in which nearly 1,500 pounds of plastic film was collected at Town Hall to build park benches. Joy Yeo provided brief comments.

XVI. ADJOURNMENT
Mayor Royse adjourned the meeting at 8:20 p.m. in recognition of Associated Parents Group Citizen of the Year Harini Krishnan and Associated Parents Group Community Care Award recipient Kristi Shreve.
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-43-

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-47-

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

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: APRIL 1 THROUGH APRIL 30, 2022 SUMMARY: The monthly claims for the month of April 2022 in the amount of $4,105,982.84 are submitted for approval.

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

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

ATTACHMENTS: Monthly Claims Listing
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the monthly claims for April 2022 as submitted. -49-

TOWN OF HILLSBOROUGH

REPORT OF GOODS & SERVICES PURCHASED
DURING THE MONTH OF APRIL 2022
PREPARED BY:

Alan Singh
DocuSign Envelope ID: AACCFF51-0317-403D-9453-9722FBE12D15 -50-

TOWN OF HILLSBOROUGH

SUMMARY OF PURCHASES
DURING THE MONTH OF APRIL 2022
GOODS & SERVICES PURCHASED $1,570,294.08
NET SALARIES & TAXES PAID 1,348,376.77
HEALTH BENEFIT PREMIUMS 157,817.08
BOND PAYMENTS 37,108.26
CCFD FUNDING 602,441.00
SAN FRANCISCO WATER PAYMENTS 389,945.65
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $4,105,982.84

FINANCE DIRECTOR DATE

CITY MANAGER DATE
DocuSign Envelope ID: AACCFF51-0317-403D-9453-9722FBE12D15 5/3/2022
5/3/2022
-51-

COMPARATIVE SUMMARY
For the Month of April 2022
Apr-22 Apr-21 Apr-20
Goods & Services Purchased:

Operations 1,110,521.47 1,206,172.42 1,322,740.08
Capital 459,772.61 1,509,106.26 363,777.02
Net Salaries & Taxes Paid 1,348,376.77 1,303,523.35 825,302.53 Health Benefit Premiums 157,817.08 150,163.43 151,041.59 Bond Payments 37,108.26 32,445.11 39,574.24
CCFD Funding 602,441.00 660,690.00 0.00
San Francisco Water Payments 389,945.65 241,513.78 265,844.38 Total $4,105,982.84 $5,103,614.35 $2,968,279.84
NOTES:

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

Bond -
CCFD -
Water -
FY 21/22 spending is consistent with FY 20/21 spending except for timing of various reoccurring payments to vendors.

Capital project spending in April 2022 is primarily for the SD Improvement project, Sewer Priority Basin I/II Rehabilitation Program, and the Marlborough Tank FY 21/22 spending is consistent with FY 20/21 spending.

FY 21/22 contribution is based on budget/contract.

There was no SFPUC wholesale water rate increase on July 1, 2021. The increase from the prior year is attributable to water usage.

DocuSign Envelope ID: AACCFF51-0317-403D-9453-9722FBE12D15 -52-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING APRIL 2022
CK # VENDOR DESCRIPTION AMOUNT
69850 JEANNE SCHAFFER REFUND - BUILD DEPOSIT BP 10,713.50 69851 4LEAF, INC. FEB '22 BUILDING INSPECTOR SERVICE BP 761.10 69852 ROGER ABUYAGHI REFUND - BUILD DEPOSIT BP 3,538.50 69853 ADP, LLC MAR '22 MASTERTAX SOFTWARE SUPPORT FN 66.15 69854 AFLAC MAR'22 INSURANCE PREMIUM 1,929.73
69855 AIXTEK MAR '22/APR '22 IT MANAGEMENT SERVICE IT 54,087.00 69856 ALHAMBRA & SIERRA SPRINGS MAR '22 WATER FN 11.95
69857 AMAZON WEB SERVICES, INC MAR '22 BACKUP STORAGE IT 620.18 69858 ARAMARK SERVICES, INC COFFEE & SUPPLIES ADMIN 83.11 69859 ARAMARK UNIFORM & CAREER UNIFORM CLEANING SERVICE W/E 3/24/22 PW 492.66 69860 AT&T 2/20/22-3/19/22 1,644.52
69861 AUTO PRIDE CAR WASH, INC MAR '22 CAR WASHES PD 228.83 69862 BARTEL ASSOCIATES, LLC FEB '22 OPEB VALUATION SERVICE FN 3,132.00 69863 BAY AREA WATER SUPPLY & FY 21-22 Q4 ASSESSMENT PW 21,110.00 69864 BEST BEST & KRIEGER LLP FEE - FEB '22 LEGAL SERVICE 41,477.50 69865 BOSCO OIL COMPANY GAS PD 3,858.51
69866 CALPERS ARREARS CONTRIBUTION HR 462.27
69867 CENTRAL COUNTY FIRE DEPARTMENT APR '22 FISCAL CONTRIBUTION FN 608,975.50 69868 CHEMSEARCH SUPPLIES - ZYME PW 1,635.70
69869 CITY OF BURLINGAME JAN '22 LIBRARY SERVICES FN 57,716.00 69870 CITY OF REDWOOD CITY COUNCIL OF CITIES MEETING 4/22/22 KROLIK CO 50.00 69871 COMCAST 4/2/22 - 5/1/22 MULTIPLE ACCOUNTS 999.18
69872 CSG CONSULTANTS, INC. CIP ADMIN SEWER & VARIOUS PRJ PW 92,190.00 69873 CWEA 22/23 MEMBERSHIP COLLECT SYSTEM STAFF PW 389.00 69874 DASH MEDICAL GLOVES SUPPLIES - RUBBER GLOVES PD 2,728.28 69875 RYAN DAVIS REIMB - FINGERPRINTING SERVICE FEE HR 93.00 69876 DIEMER ENGINEERING, INC. MAR '22 PROF ENGINEER VARIOUS PRJ PW 3,075.00 69877 DU-ALL SAFETY, LLC FEB'22 SAFETY CONSULT PW 1,500.00 69878 EPS, INC. REPAIR - PD SEWER LIFT STATION SUMP PUMP PW 72,850.00 69879 ERLER & KALINOWSKI, INC SEWER REHAB PHASE 1C DESIGN PW 32,043.00 69880 FEDERAL EXPRESS SHIP - DOCUMENTS PW CITY ATTORNEY 33.23 69881 FLOWATER EQUIP - JAN '22 WATER REFILL STATION PW 128.28 69882 GO NATIVE, INC MAINT - VEGETATION MANAGE MACADAMIA PW 7,755.93 69883 HF&H CONSULTANTS, LLC FEB'21 PROF SERVICES SENSITIVITY ANALYSIS FN 1,837.50 69884 IEDA, INC APR'22 LABOR RELATIONS HR 1,437.07
69885 SHAWN KIRBY MAR '22 POOL SERVICE 1640 RENTAL PW 180.00 69886 KNAPHEIDE TRUCK EQUIPMENT REPLACE - TAIL GATE TRUCK 307 PW 3,379.82 69887 KRONOS SAASHR, INC. MAR'22 PAYROLL PROCESSING FN 1,891.23 69888 LANDTEK LANDSCAPE INC INSTALL - SOIL/PREP HBF HARVEST GARDEN 1,550.00 69889 LC ACTION POLICE SUPPLY EQUIP - FLASHBANGS FOR SWAT/GLOCK SIGHTS PD 3,941.75 69890 MASTERPIECE GARDENERS, INC MAINT - MAR '22 HBF LANDSCAPE VARIOUS SITES 550.00 69891 MIDWEST MOTOR SUPPLY CO, INC SUPPLIES - GLOVES PW 109.66 69892 MURRAYS TRUCK & AUTO MAINT - CHEVY #550 PW 314.69 69893 NO-DES, INC NO-DES FLUSHING SERVICES PW 101,540.00 69894 NORCAL RENTAL GROUP LLC SUPPLIES - PROPANE PW 74.55 69895 OCEANWIDE USA CAPITAL, REFUND - EXTENTION FEE BP 1,154.00 69897 PG & E 2/15/22-3/16/22 MULTIPLE ACCOUNTS 4,983.63 69898 PREFERRED ALLIANCE, INC. PREEMPLOYMENT TESTING - HR 65.00 69899 PRIORITY 1 MAINT - MULTIPLE VEHICLES PD 2,800.00
69900 QUENCH USA, INC WATER FILTRATION SERVICE 3/28/22-4/27/22 71.09 69901 R & A JANITORIAL SERVICE, LLC APR '22 JANITORIAL SERVICES PW 13,418.72 69902 LESLIE RAGSDALE REFUND - BUILD DEPOSIT BP 2,000.00 69903 REDWOOD CITY - SAN MATEO REGISTRATION - PROGRESS SEMINAR CHUANG CCO 750.00 69904 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 3/18/22 & 4/1/22 FN 4,650.00 69905 CHRIS ROGERS OPEN SPACE/SEWER VEGETATION MANAGE PW 2,700.00 69906 ROOKERY BAY LLC REFUND - BUILD DEPOSIT BP 16,046.50 69907 SAGE VETERINARY CENTERS LP K-9 VET SERVICES - OZZY PD 227.90 DocuSign Envelope ID: AACCFF51-0317-403D-9453-9722FBE12D15 -53-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING APRIL 2022
69908 SCHAAF & WHEELER CONSULTING SANITARY SEWER LIFT STATION IMPROVE PRJ PW 1,339.25 69909 SHARP BUSINESS SYSTEMS FEB '22 COPIER CHARGES 1,125.06 69910 SOCIAL AND ENVIRONMENTAL MEMBERSHIP - CADC 21/22 WATER SOFTWARE 13,000.00 69911 STANDARD INSURANCE COMPANY APR '22 GROUP LIFE/ADD/LTD ASSESSMENT 3,036.87 69912 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 731.58 69913 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR EXAM D2 STAFF PW 45.00 69914 ARI STRATAKIS PRINT - BUILDING CORRECTION FORMS BP 282.97 69915 SUTTER EAP JAN-MAR '22 EMPLOYEE ASSIST U 841.18
69916 TELECOMMUNICATIONS ENGINEERING RIMS CAD/RMS TECH SERVICES 1/1/22-3/31/22 PD 575.00 69917 TESCO CONTROLS, INC MAINT - SCADA SUPPORT SERVICE PW 6,642.48 69918 THE BANK OF NEW YORK MELLON ADMIN FEE-COPS 2006 A 4/1/22-3/31/23 FN 1,325.00 69919 THE PAPE GROUP, INC MAINT - FORKLIFT PW 443.09
69920 TURBO DATA SYSTEMS, INC. MAR'22 CITATION PROCESSING & SCANNER PD 1,568.59 69921 TYLER TECHNOLOGIES, INC. TRAIN - MUNIS FINANCIAL SYSTEM 2/28/22,3/10/22,3/11/22 2,160.00 69922 U.S. POSTMASTER REPLENISH POSTAGE PERMIT FN 5,000.00 69923 UNDERGROUND SERVICE ALERT FEE - STATE REGULATORY COSTS 1/1/22-6/30/22 PW 492.95 69924 VERIZON CONNECT NWF INC MAR '22 - GPS MONTHLY SERVICES PW 523.50 69925 VERIZON WIRELESS 2/11/22 - 3/10/22 PD 1,351.74
69926 VIKING SHRED LLC DESTRUCTION SERVICES PD 78.99
69927 WESLEY CONSTRUCTION, INC INSTALL - COUNTERTOP/TILE FIRE STATION 32 PW 26,080.94 69928 WESTLAND CONTRACTORS, INC WATER MAIN REPLACE PRJ #9 RETENTION 127,049.53 69929 PAUL WILLIS TRAVEL REIM - LEAGUE OF CA CITIES CONFERENCE 150.00 69930 WILSEY HAM SANITARY SEWER EVALUATION #4 7,768.75
69931 WITMER-TYSON IMPORTS, INC. FEB'22 K-9 TRAINING & SUPPLIES PD 1,100.00 69932 A & D AUTOMATIC GATE CO. MAINT - CORP YARD GATE PW 5,525.52 69933 JESSIE AIZENSTAT FOWARD LATERAL PROGRAM Q2 2022 PW 3,000.00 69934 ALEXANDER & ASSOCIATES, INC. MAR 1-15 '22 SURVEY EASMENT PINEHILL PW 875.00 69935 ALHAMBRA & SIERRA SPRINGS MAR '22 WATER BP 18.75
69936 ALL FENCE COMPANY, INC. REPAIR - FENCE MAJOR HAYES TANK SITE PW 2,364.00 69937 AT&T 2/17/22-3/16/22 66.33
69938 AUTOMOBILI COUNTRY CLUB, LLC MAINT - AUTO DETAILING PD FORD #1 150.00 69939 BARTEL ASSOCIATES, LLC MAR '22 OPEB VALUATION SERVICE FN 3,943.00 69940 BAY CITY EQUIPMENT INDUSTRIES REPAIR - GENERATOR SWITCH PROGRAM PW 1,476.60 69941 BAYSIDE BUILDING MATERIALS INC EQUIP - AXE & ROPES PW 305.76 69942 BENNETT MARINE UTILITY, LLC MAINT - STERILIZE & CHLORINATE TOURNAMENT PW 3,285.00 69943 GLENN BERKHEIMER MAR '22/APR '22 LABOR RELATIONS HR 2,500.00 69944 BIG STATE INDUSTRIAL SUPPLY, SUPPLIES - MASKS PW 873.91 69945 BOSCO OIL COMPANY GAS/DIESEL PD/PW 5,052.65
69946 BROWN AND CALDWELL EMERGENCY RESPONSE PLAN PW 10,050.25 69947 AMANDA BROWN REIMB - ICMA TRAINING ACADEMY CM 1,695.00 69948 BURNETT LANDSCAPE DEVELOPMENT MAINT -APR '22 TOWN LANDSCAPE VARIOUS SITES HBF 9,312.60 69949 CAL-STEAM, INC. #2504 PARTS - PIPES/COUPLINGS PW 248.00 69950 CALGEO ENGINEERING CONSULTANTS REFUND - BUSINESS LICENSE OVERPAYMENT FN 1,300.00 69951 CALIFORNIA DEPARTMENT OF TAX SALES & USE TAX JAN-MAR '22 FN 1,373.00 69952 CASEY CONSTRUCTION, INC. REPAIR - 773 EL CERRITO STORM DRAIN PW 113,659.75 69953 CITY OF BURLINGAME APR '22 LIBRARY SERVICES FN/EOC INTERNET PW 58,556.05 69954 CIVICPLUS SOFTWARE - MUNICODE ORBANK/ORDLINK SUBSCRIBE 103.81 69955 STEVEN CLARK REIMB - HAZARD MATERIALS ENDORSEMENT FEE PW 112.20 69956 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICES PW 2,295.00 69957 COMCAST JAN '22 PW 396.70
69958 CORE & MAIN LP PARTS - PIPE/COUPLINGS PW 362.59
69959 CORRPRO COMPANY INSPECT- TANK MULTIPLE SITES PW 7,070.00 69960 COUNTY OF SAN MATEO INFO SVC MAR '22 MICRO CHANNEL LINES PD 164.51 69962 CSG CONSULTANTS, INC. CIP ADMIN SEWER & VARIOUS PRJ 3/1/22-3/31/22 PW 97,492.25 69963 DEPARTMENT OF WATER RESOURCES ANNUAL DAM FEES-CROCKER SPENCER LAKE PW 31,514.00 69964 DIVISION OF STATE ARCHITECT JAN-MAR '22 DISABILITY ACCESS & EDU FEE 63.72 69965 DU-ALL SAFETY, LLC MAR'22 SAFETY CONSULT PW 1,375.00 69966 DUDEK TREE ORDINANCE UPDATE CM 8,813.75
69967 FASTENAL COMPANY SUPPLIES - PERSONNEL PROTECTIVE EQUIP PW 941.41 69968 FEDERAL EXPRESS SHIP - METER EQUIPMENT PW 421.70
69969 FITCH RATINGS, INC SURVEILLANCE - RECURRING 2000B MAY '22-APR '22 FN 2,000.00 DocuSign Envelope ID: AACCFF51-0317-403D-9453-9722FBE12D15 -54-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING APRIL 2022
69970 GEORGE'S GARDEN SERVICE MAR '22 MAINT - ISLAND HAYNE & DARRELL PW 350.00 69971 GO NATIVE, INC MAINT - VEGETATION MANAGE MULTIPLE SITES PW 22,899.74 69972 GRANITE ROCK COMPANY MATERIALS - COLD MIX ASPHALT PW 599.99 69973 HACH COMPANY WATER QUALITY SUPPLIES PW 121.97
69974 HASSETT HARDWARE-SAN MATEO EQUIP - DUSTERS PW 20.80 69975 HOME DEPOT CREDIT SERVICES FEB '22 VARIOUS PARTS & SUPPLIES PW 13,110.18 69976 MARK D HUDAK LEGAL SERVICES - MAR 2022 2,745.00
69977 INFOSEND, INC. FEB '22/MAR '22 UTILITY BILLING FN 2,491.84 69978 INTERSTATE TRAFFIC CONTROL SUPPLIES - MARKING PAINT PW 264.14 69979 ROBERT IRVIN REFUND - BUILD DEPOSIT BP 5,217.02
69980 CHARLES S KIM REFUND - BUILD DEPOSIT BP 11,235.00 69981 LANDTEK LANDSCAPE INC APR'22 LANDSCAPE MAINT VARIOUS SITES HBF 2,307.00 69982 METROPOLITAN TRANSPORTATION 4902-PTAP 23 LOCAL CONTRIBUTION MATCH PW 5,800.00 69983 MURRAYS TRUCK & AUTO MAINT- INTERNATIONAL TRUCK #527 PW 644.79 69984 NAPA AUTO PARTS - BURLINGAME PARTS - GENERATOR OIL PW 34.96 69985 NOEL L. MILLER, INC. MAINT - FORD ESCAPE #111 PW 235.73 69986 NWESTCO LLC MAINT - VAPOR RECOVERY TESTING PW 595.00 69987 OCCUPATIONAL HEALTH CENTERS OF EMPLOYEE PHYSICALS PW STAFF 1,296.95 69988 OFFICE RELIEF, INC. EQUIPMENT - ERGONOMIC CHAIRS CM/BP/PW 6,034.42 69989 DAN OKANO REPAIR - CHAIN SAW PW 87.42
69990 PAKPOUR CONSULTING GROUP,INC DARRELL TANK/COUNTRY CLUB PUMP IMPROVE PRJ PW 4,501.75 69991 PENINSULA UNIFORMS & EQUIPMENT UNIFORMS - VARIOUS ITEMS STAFF PD 606.29 69992 PG & E 3/1/22-3/29/22 MULTIPLE ACCOUNTS 21,589.85 69993 PRIME MECHANICAL SERVICE, INC MAINT - HVAC UNIT TOWN HALL PW 2,637.00 69994 R & A JANITORIAL SERVICE, LLC MAINT - CARPET/GENERAL DEEP CLEAN TOWN HALL PW 425.00 69995 RENNE PUBLIC LAW GROUPE LLP LEGAL RETAINER MAR '22 CM 4,000.00 69996 SAN DIEGO POLICE EQUIPMENT CO SUPPLIES - AMMUNITION PD 4,799.93 69997 SAN MATEO COUNTY ENVIRONMENTAL FEE - GENERATOR FUEL STORAGE MULTIPLE SITES PW 2,552.00 69998 SAN MATEO COUNTY SHERIFF'S OFF MAR'22 CRIME LAB SERVICES PD 1,042.00 69999 SAN MATEO LOCK WORKS, INC. GENERATOR KEYS PW 78.66 70000 SAN MATEO LUMBER CO., INC MATERIALS - WOOD PW 256.74 70001 SCHAAF & WHEELER CONSULTING SANITARY SEWER LIFT STATION IMPROVE PRJ PW 8,162.00 70002 SEMPER SOLARIS CONSTRUCTION REFUND - PERMIT FEES BP 181.55 70003 SFPUC FINANCIAL SERVICES JAN '22/FEB '22 - WATER QUALITY ANALYSIS PW 3,265.00 70005 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 3,322.69 70006 SUTTER EAP 2021 EMPLOYEE ASSIST U SAP SERVICES HR 385.00 70007 SCOTT SYME REFUND - GRADE DEPOSIT BP 1,750.00
70008 STANLEY SZE REFUND - BUILD DEPOSIT BP 29,715.00
70009 JASON TAGLE REIMB - WORK BOOTS - PW 279.06
70010 KEN TATOLA REPAIR - BACKFLOW DEVICES PW 240.00
70011 TELECOM LAW FIRM, P.C. WIRELESS AT&T SUMMIT GOLF CROWN SITE 543.50 70012 TELECOMMUNICATIONS ENGINEERING APR '22 COMMUNICATIONS CENTER/BASE PD 2,233.00 70013 THE PERMANENTE MEDICAL EMPLOYEE PHYSICAL STAFF HR 65.00 70014 THOMSON WEST MAR '22 INVESTIGATIVE WEBSITE PD 692.94 70015 TIMBERLINE TREE SERVICE, INC. MAINT - TREE REMOVAL MULTIPLE SITES PW 11,385.00 70016 TYLER TECHNOLOGIES, INC. TRAIN - MUNIS FINANCIAL SYSTEM FN 2,700.00 70017 ULINE, INC. EQUP - LOCK OUT KITS PW 2,492.38
70018 UNITED SITE SERVICES, INC. PORT-POTTY RENTAL - WORK FURLOUGH PW 49.46 70019 VERIZON WIRELESS 2/24/22- 3/23/22 PW 80.02
70020 WADE GROUP INTERNATIONAL INC SUPPLIES - GLOVES PD 1,195.00 70021 WATER INDUSTRY TRAINING TRAIN - BACKFLOW TESTER CLASS STAFF PW 2,100.00 70022 WITMER-TYSON IMPORTS, INC. MAR'22 K-9 TRAINING & SUPPLIES PD 1,620.63 70023 NANCY WYATT REFUND - GRADE DEPOSIT BP 1,750.00
TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $ 1,966,311.40 CALPERS RETIREMENT CONTRIBUTIONS 100,809.57
VISA PAYMENTS 27,482.78
DocuSign Envelope ID: AACCFF51-0317-403D-9453-9722FBE12D15 -55-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING APRIL 2022
RETIREE HEALTH REIMBURSEMENTS 81,456.33
TOTAL GOODS & SERVICES FOR THE MONTH $ 2,176,060.08
DocuSign Envelope ID: AACCFF51-0317-403D-9453-9722FBE12D15 -56-

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

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION PROVIDING FOR INTERIM MODIFICATIONS TO THE

BUSINESS LICENSE TAX
SUMMARY: The Town’s business license tax was originally established in 1985. At the original adoption, the City Council approved certain continuing modifications that have been approved annually. Specifically, while the original ordinance authorized a ¾ of 1% business tax, the City Council has been adopting annual resolutions providing for a reduction of the ¾ of 1% ($0.75 per $100.00 of gross receipts) tax to ½ of 1% ($0.50 per $100 of gross receipts) tax.

A large portion of Hillsborough’s business licenses are for contractors and are linked to permitting.

The tax (plus administrative fee) ranges from $124.00 to $858.00 (amount based on permit value).

For non-contractors in Hillsborough (such as pool services, gardeners, cleaning services), the tax (plus administrative fee) ranges from $204.00 to $2,133.00 (amount is based on gross receipts) with a majority at $204.00.

FISCAL IMPACT: The revenue will be comparable year over year if this resolution is adopted (assuming the same level of activity).

ATTACHMENTS: Resolution
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Adopt the resolution providing for interim modifications to the business license tax for FY 2022-23.
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RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

PROVIDING FOR INTERIM MODIFICATIONS TO THE BUSINESS LICENSE TAX WHEREAS, on September 9, 1985, June 23, 1986, June 8, 1987, June 27, 1988, June12, 1989, June 11, 1990, June 10, 1991, June 8, 1992, May 10, 1993, June 27, 1994, June 12, 1995, August 19, 1996, June 9, 1997, June 8, 1998, May 10, 1999, May 8, 2000, May 14, 2001, June 10, 2002, June 9, 2003, June 14, 2004, June 13, 2005, June 12, 2006, May 14, 2007, May 12, 2008, May 11, 2009, May 10, 2010, May 9, 2011, April 9, 2012, May 13, 2013, May 12, 2014, May 11, 2015, May 9, 2016, May 8, 2017 and May 14, 2018, the City Council passed Resolution Nos. 85-30, 86-23, 87-15, 88-55, 89-92, 90-15, 91-11, 92-15, 93-2, 94-14, 95-12, 96-18, 97- 14, 98-9, 99-17, 00-15, 01-18, 02-45, 03-132, 04-43, 05-42, 06-49, 07-36, 08-35, 09-38, 10-31, 11-28, 12-13, 13-14, 14-29,15-21, 16-22, 17-29 and 18-25 providing for interim modifications to the administration of Chapter

5.04 Business Tax of the Hillsborough Municipal Code; and WHEREAS, Resolution No. 21-32 called upon the City Council at the end of FY 2021- 22 to review the operation of the business tax as enforced pursuant to the above-listed resolutions and to determine whether the provisions of such resolutions are to be renewed for fiscal year 2020-2021, whether additional or different interim modifications are appropriate, whether amendments to Chapter 5.04 itself are appropriate, or whether Chapter

5.04 is to be enforced without the modifications set forth in the abovelisted resolutions; and WHEREAS, it is in the best interest of the Town to renew the provisions of such resolutions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby provides for interim modifications of the business license tax as follows:

1. For FY 2022-23, the Town shall assess the administrative fee as set forth in Chapter 5.04 as amended, but those taxes established as ¾ of 1% ($.75 per $100 of gross receipts) shall continue to be collected at the rate of ½ of 1% ($.50 per $100 of gross receipts); provided, however, that the annual business license tax shall be $100 for any business which consists of the provision of regular periodic household services in the Town (for example, gardeners, cleaning services, pool maintenance service, etc.) and whose declared total annual Gross Receipts from such services in the Town do not exceed $20,000; provided, further, that in all cases the minimum tax for permit business (those businesses described in Category 1 in paragraph 2 below) shall be $20 for each permitted work project in Town and the minimum tax for nonpermit business (those businesses described in Category 2 in paragraph 2 below) shall be $100 annually.
-58-

2. For FY 2022-23 for ease of administration and in an effort to simplify the rules for public understandability, businesses shall be categorized as follows:
1) Permit businesses (i.e., those businesses that must obtain permits for specific work projects in the Town)
2) Nonpermit businesses (i.e., those businesses not in Categories 1 or 3) 3) Title insurance businesses
Category 1 shall include the following categories set forth in Chapter 5.04:

Category B Permit Businesses
Category 2 shall include the following categories set forth in Chapter 5.04:

Category A
Category B Nonpermit Business
Category C
Category D
Category F
Category G
Category 3 shall include the following categories set forth in Chapter 5.04:

Category E
Category H

3. For FY 2022-23, there shall be no audit, examination, or verification of the books and records as set forth in Section 5.04.320 of Chapter 5.04 except as specifically authorized by the City Council upon the recommendation of the business tax collector.

4. At the end of FY 2022-23, the City Council shall review the operation of the business tax set forth in Chapter 5.04 as enforced pursuant to this Resolution and shall determine whether the provisions of this Resolution shall be renewed for FY 2023-24, whether additional or different interim modifications are appropriate, whether further amendments to Chapter 5.04 itself are appropriate, or whether Chapter 5.04 as then amended shall be enforced without any modifications.

5. This Resolution shall be printed and posted upon the three official bulletin boards of the Town of Hillsborough.

Mayor of the Town of Hillsborough

Attest: City Clerk
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This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th of May 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-60-

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

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION SETTING THE AMOUNT OF THE SPECIAL TAX FOR POLICE PROTECTION AND FIRE PROTECTION AND PREVENTION FOR FY 2022-23 SUMMARY: The special tax was approved by the residents of the Town of Hillsborough in 1998 providing a maximum charge of $570.00 for each improved parcel and $218.00 for each unimproved parcel. The maximum charge allowed by the original authorization had been assessed since FY 2005-06. Annual revenues are $2,247,346.00. The proposed rates impose the maximum charges for the upcoming FY 2022-23.

FISCAL IMPACT: Annual revenues in the amount of $2,247,346.00 are included in the proposed FY 2022-23 budget (7% of General Fund revenue).

ATTACHMENTS: Resolution
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Adopt the resolution setting the amount of Public Safety Tax for FY 2022- 23 at $570 for each improved parcel and $218 for each unimproved parcel. -61-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

SETTING THE AMOUNT OF THE SPECIAL TAX FOR POLICE PROTECTION AND FIRE PROTECTION AND PREVENTION FOR FY 2022-23
WHEREAS, Chapter 3.30 of the Hillsborough Municipal Code, Special Tax For Police Protection and Fire Protection and Prevention (“Public Safety Tax”), was approved by the voters on June 2, 1998; and
WHEREAS, Section 3.30.040 of the Hillsborough Municipal Code provides for a two percent (2%) increase each year but a not-to-exceed total annual tax of one hundred fifteen percent (115%) of the initial maximum tax.

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

1. Hereby finds that the full amount of the FY 2022-23 Public Safety Tax ($570 for each improved parcel and $218 for each unimproved parcel – the maximum amounts allowed) is required to meet the projected expenditures of the Town for police protection and fire protection and prevention services for FY 2022-23.

2. Hereby determines that the Public Safety Tax applicable for FY 2022-23 shall be as follows:

For each improved parcel: $570
For each unimproved parcel: $218

3. This resolution shall be printed and posted upon the three official bulletin boards of the Town of Hillsborough.

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 9th of May 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-62-

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

CITY COUNCIL MEETING
MAY 09, 2022

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

EXECUTE AN AGREEMENT WITH DIGITAL VIEW FOR A NOT-TO-EXCEED AMOUNT OF $50,000 AS A SOLE SOURCE PROCUREMENT
SUMMARY: The Town of Hillsborough currently utilizes a combination of an electronic sign board and physical banners to promote events or make announcements at various locations around Town. The existing electronic sign board has limitations in the numbers of characters in a message and the banners require staffing to setup at each location, as well as printing costs. The procurement of two digital sign boards will allow the Town flexibility in the messaging and timing of community announcements, allow for real-time updates and color announcements. Despite the upfront costs of the system, the investment eliminates the recurring costs to print new banners for events each year as well as the staff time associated with set-up and takedown. Town staff recommends that this agreement be entered into a sole source procurement because Digital View is the only local vendor that can provide a signboard that is fully readable in sunlight, suitable for dark sky environments, requires low power, and can be updated remotely.

FISCAL IMPACT: Staff recommends that funding be allocated from the FY 2022-23 budget for a contract with Digital View.

ENVIRONMENTAL ISSUES: The City Council’s action in adopting the resolution is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guideline 15378(b)(2) as a continuing administrative activity which is specifically defined in CEQA to include the purchase of supplies.

ATTACHMENTS:

1. Resolution

2. Digital View Proposal

3. Signboard Spec Sheet
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement with Digital View for a not-to-exceed amount of $50,000 as a sole source procurement.
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RESOLUTION NO. 22-

RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH DIGITAL VIEW FOR A NOT TO EXCEED AMOUNT OF $50,000 AS A SOLE SOURCE PROCUREMENT
WHEREAS, the Town of Hillsborough (“Town”) provides messaging to the community via electronic sign boards; and
WHEREAS, the Town promotes events utilizing banners at Town-owned locations; and WHEREAS, the Town’s Public Works Department is responsible for the set-up and clean-up of banners; and
WHEREAS, the Town seeks to find a solution offering more flexibility in messaging and associated timing; and
WHEREAS, Digital View is able to provide a solution that meets the needs of the Town by offering a solution that can accommodate announcements of various lengths, in color, and be updated remotely; and
WHEREAS, the signboard is fully readable in sunlight, suitable for dark sky environments, requires low power, and has a replaceable protective film; and
WHEREAS, the Town’s Purchasing Policy requires that a contract of this amount undergo a formal bid or RFP process; and
WHEREAS, Town staff is recommending that this agreement be entered into a sole source procurement because Digital View is the only vendor that can supply the specialized equipment and installation to meet the needs of the Town in a timely manner.

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 Digital View for contractual services for two outdoor digital signboards allocating funds from the FY 2022-23 Operating Budget in the not to exceed amount of $50,000 as a sole source procurement.

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 9th day of May 2022, by the following vote of the members thereof:
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ATTACHMENT 1
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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City of Hillsborough
84” E Ink Outdoor Display
Dawn Kersey
4/15/2022
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ATTACHMENT 2
Digital View Inc
18440 Technology Drive • Building 130 • Morgan Hill
California • CA-95037 • USA
t: +1 408 782 7773• f: +1 408 782 7883
www.digitalview.com
2 84” E Ink Outdoor Display
Proposal Prepared for City of Hillsborough
Digital View, a specialist display electronics and systems provider, is pleased to provide the following proposal for the 84” EInk Outdoor Public Displays.

DV is known for ground-up development and are capable in assisting with evolving product specifications.

Our experienced production management, installation and procurement teams assure that a conceptual design turns into a quality product.

Production:

Digital View provides LCD and ePaper controller boards and custom display solutions for military, commercial, point-of-sale, medical, industrial, and professional video applications. All engineering, development, testing, and customization of LCD and ePaper controller hardware is performed in our Hong Kong facility. Large scale manufacturing of controller boards is performed in Taiwan under contract at ISO 9001 certified facilities. Small to Medium scale production of custom display products are assembled in our California facility. Requests for site inspections are welcomed.

Installation:

Digital View will be available to provide guidance and supervision to the City of Hillsborough during installation at an additional charge. Any necessary components defined at the site survey will need to be procured by the City of Hillsborough.

Preparation for Installation:

Digital View will require 110V from an electrical junction box directly between the displays. Will confirm exact locations at time of site survey.

A site survey with the City of Hillsborough’s electrician will be required to confirm placement of power before scheduling installation.

With the site survey, we will need to confirm the structure is adequate for installation. If any improvements need to be made before the installation date, City of Hillsborough is responsible to make said improvements.

Power Consumption:
84” E Ink Outdoor Display 86” High bright Outdoor Display* Power Consumption Standby Power @ 2.1W Constant @ 1500W *Based on an LG 86XE3FS-B 3,000 nit 86” LCD.
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Digital View Inc
18440 Technology Drive • Building 130 • Morgan Hill
California • CA-95037 • USA
t: +1 408 782 7773• f: +1 408 782 7883
www.digitalview.com
3 Content Set Up and Training:

Digital View will work with E Ink to provide appropriate training for initial set up and programming of the screens.

Customer Consigned Equipment:

Digital View will require modems or cellular routers be provided before production. The production engineer will help to define best option for application and then incorporate it into the design.

Estimated Costs:

Inclusive of 3 each 42” E Ink panels with bonded glass to make up an 84” Display. Metal chassis and bezel with protective film and glass (film removable and replaceable in the case that the displays are vandalized): $19,500
Delivery of unit to City of Hillsborough, installation supervision, set up by our hardware engineering team:
$1,000 budget for 4-5 hours.
*Any additional time will be charged at a rate of $120 per hour per engineer.

Low Power Light Bar (optional) fit to our 84” Signboard: $1,500 Key Features:
• Outdoor linear fixture that evenly illuminates the display surface. • Special refractive optics allow close proximity placement of the fixture to the targeted surface. • Powered by remote 100W Class 2 outdoor rated LED drivers. • Easily serviceable -intermediate unit replaceable without disturbing adjacent units. • Mounts above target illuminating surface facing down. • Adjustable swivel head to optimize illumination.
• 5 year warranty for light fixture only.
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Digital View Inc
18440 Technology Drive • Building 130 • Morgan Hill
California • CA-95037 • USA
t: +1 408 782 7773• f: +1 408 782 7883
www.digitalview.com
4 Delivery Schedule
10-20 weeks
Installation Schedule: TBD
Quality
Digital View has been in the business of making high-quality, high-reliability LCD controllers and display kits since 1995. Our expert design and production teams use superior components for our LCD controllers. Our manufacturing lines include 100% testing on each unit, which complete QA inspections.

Custom solution including the E Ink displays, installation and all Digital View components is one (1) year warranty.

Terms:

Standard terms for Custom Products:
▪ 50% upon order 50% upon delivery and installation/delivery. ▪ NCNR contract required for all custom solutions.
▪ All terms are subject to credit approval.

Contacts:

Please contact me when you have had a moment to look it over. Let me know if you need clarification or further questions answered.

Dawn Kersey
Vice President, Sales
Office: 408.782.7773
Mobile: 408.891.2726
[email protected]
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EPAPER DIGITAL SIGNBOARD
Comprising three 42” E Ink epaper displays tiled to
make up a single 84” display for public signboard
applications.
• Fully sunlight readable
• Suitable for dark sky environments
• Utral-low power
• Replaceable protective film
Features
www.digitalview.com Mar 2022 v1.0
*Specifications subject to change
84” E Paper Display
Outdoor Model
© 2022 Digital View
Display 84” diagonal, E Ink epaper technology
Display resolution 1200 x 1600
Driver board Digital View EPM-100 x 3
Media device Raspberry Pi
Power 12VDC, 6W ~ 20W
Cover glass Optically bonded
Cover film Replaceable UV and anti-vandal film
Housing material Aluminium, powder coated
Operating temp -15oC to 65oC
Weatherproofing IP-65
Reliability 24/7 operation
Size 79.6” x 37.2” x 3.8”
Weight 165lbs, approx.

Mounting Custom bracket to fit location
Inputs Power: 12VDC, captive cable
Image Update Remote cellular update
Options Wi-Fi
POE (Power over Ethernet)
Solar & battery option
Enclosure colors & branding
Custom engineering

CONTACT
Digital View Inc.
18440 Technology Drive, Ste 130
Morgan Hill, CA 95037, USA
Tel: 408.782.7773
Ideal for:
- Public signs
- Smart cities
- Solar power

79.6”

37.2” 84”
epaper
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ATTACHMENT 3

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

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING SUPPORT OF SUSTAINABLE SAN MATEO COUNTY PROGRAMS FOR FY 2022-23 IN THE AMOUNT OF $1,000
SUMMARY: A local public 501(c)(3) nonprofit organization, Sustainable San Mateo County (SSMC), is requesting financial support from the Town of Hillsborough (Town) in the amount of $5,000 for its FY 2022-23 programs. The nonprofit is funded by local cities and towns to allow for sustainability focused research and education initiatives. Specifically, the requested funds will be used by SSMC for a public purpose and primarily to ensure the Town’s own sustainability initiatives are shared with the public and expanded in the coming year; assist the Town in crafting new sustainability goals based on community forums and local input; and support the employment of a Program Manager to help coordinate local stakeholder meetings to discuss ongoing community sustainability efforts. A summary of SSMC’s funding request is included as Attachment 2. In prior years, the Town has contributed $500 annually to SMMC programs.

FISCAL IMPACT: The fiscal impact associated with supporting FY 2022-23 SSMC programs is $1,000, to be funded through the General Government Community Relations budget.

ATTACHMENTS:

1. Resolution

2. SSMC Funding Request
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt a resolution approving support of Sustainable San Mateo County programs for FY 2022-23 in the amount of $1,000.
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RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING SUPPORT OF SUSTAINABLE SAN MATEO COUNTY PROGRAMS FOR FISCAL YEAR 2022-23 IN THE AMOUNT OF $1,000
WHEREAS, Sustainable San Mateo County (SSMC), a public 501(c)(3) nonprofit organization dedicated to local sustainability efforts, is requesting financial support from the Town of Hillsborough (“Town”), among other municipalities, for its programs for FY 2022-23; and
WHEREAS, the Town shares SSMC’s commitment to positive community action on economic, environmental, and social equity issues that affect our County; and
WHEREAS, the City Council supports the continued efforts of SSMC to track key sustainability metrics for cities in San Mateo County and examine one sustainability topic in depth each year, and finds a public purpose in providing a contribution of $1,000 for FY 2022-23 as SSMC will use these funds to: (a) ensure that the Town’s sustainability initiatives are highlighted and expanded upon in the coming year; (b) assist the Town in crafting new sustainability goals based on community forums and input from local leaders, and (c) support the employment of a Program Manager who will coordinate local stakeholder meetings to discuss ongoing sustainability efforts.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves the one-time contribution of $1,000 for FY 2022-23 to the nonprofit organization Sustainable San Mateo County, to contribute towards the programs referenced in this Resolution, and directs staff to include $1,000 in the Town’s FY 2022-23 budget process.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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ATTACHMENT 1
Sustainable San Mateo County – Request for Support FY 22-23 Page 1 of 2 Sustainable San Mateo County (SSMC) is requesting support for its programs for Fiscal Year 2022-23. Our goal is to have 100 percent participation from our cities and towns in financially supporting our programs – and we are almost there! Our programs are aimed at making San Mateo County vibrant and healthy for generations to come. Please note that we depend upon our cities and towns’ financial contributions to allow us to continue to serve you and your residents. We very much appreciate all previous financial support and hope you are able to fund us at the full requested level, given these unprecedented times.

Your support will allow us to continue to share best-in-class solutions of sustainability programs, practices and ordinances that will help guide your city toward a sustainable future that values a healthy environment, social equity and a green, thriving economy. SSMC promotes greater understanding that we are all part of a giant, interdependent and complex web of relationships that ensure a healthy and thriving world for us and for generations to come.

Organizational Overview
Founded in 1992, SSMC is an independent nonprofit organization that is not affiliated with the San Mateo County Office of Sustainability. We are dedicated to stimulating positive community action on economic, environmental and social equity issues (the three “E’s” of sustainability) for our county. SSMC is well respected for providing accurate, timely, empowering, and accessible data and information as well as successful sustainability solutions that your city can easily adopt.

SSMC’s core programs, our Indicators Report and our annual Sustainability and Green Building Awards, provide information and inspiration to drive sustainability in San Mateo County at the local level. Both programs have been in place for more than 20 years and provide each city and town in San Mateo County with metrics on local trends impacting our economy, environment, and society. SSMC also partners closely with local government and a wide range of community organizations to promote sustainable policies and practices, such as the RICAPS program, Peninsula Clean Energy, like-minded leading nonprofits, local Chambers of Commerce, the American Institute of Architects’ local San Mateo chapter, SAMCEDA and the Spare the Air Resource Team.

We continue to expand the Sustainability Ideas Bank, which shares successful, scalable, cost-effective and easy-to-replicate examples of impactful sustainability measures, ordinances and policies that local jurisdictions and businesses can adopt to accelerate sustainability. Our virtual Happy Hours continue to allow residents to stay connected on a regular basis and explore sustainability topics. Experts kick-start discussions on different subjects every month, with an average of 50+ people attending each meeting. Our new Sustainability Dashboard helps cities measure their progress. Please see the attached SSMC Overview document to learn more.

Staffing
SSMC has a part-time Program Manager who supports the Indicators Report, which helps cities shape and implement their sustainability goals. SSMC’s Executive Director is involved in the strategic direction of the Indicators Report, as well as in editing, design consultation, website, and events development, planning, and outreach for the report. SSMC also has a parttime Executive Assistant who assists with administrative duties. Approximately 30 individuals regularly volunteer for SSMC.

Our committees help with our Indicators Report, Dashboard Project, Communications, Fundraising and our annual Sustainability Awards Celebration and Auction. Many of these volunteers have been continuously involved with the organization for years. In fact, some have volunteered with our organization since its inception. We also work with students from local schools and universities, including Nueva and Sequoia High School, and Stanford University.

Request for Support
Town of Hillsborough
Sustainable San Mateo County FY 2022-23
Amount Requested: $5,000
Sustainable San Mateo County
2955 Campus Drive #110
San Mateo, CA 94403
Contact: Christine Kohl-Zaugg, Executive Director
p: 650-918-1992 | [email protected]
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ATTACHMENT 2
Sustainable San Mateo County – Request for Support FY 22-23 Page 1 of 2 Who We Serve
Sustainable San Mateo County serves the entire population of San Mateo County, close to 800,000 individuals. The information we provide is used by residents, researchers and leaders in government, business and the nonprofit world. We distribute our Indicators Report to all elected leaders in local cities and towns, their staffs and sustainability coordinators; Chambers of Commerce; public libraries and local nonprofit agencies. We estimate that we reach 5,000 people annually through the distribution of Executive Summaries, our online report and events, including our virtual Awards Celebration and Indicators Report Launch. Our website receives more than 30,000 hits per year, and we reach thousands of local participants through our newsletter, mailing list, social media sites and virtual as well as in-person presentations and events. To ensure that SSMC stays relevant and continues to offer high-quality, useful programs to the cities it serves, we seek frequent feedback from key stakeholders.

How SSMC Will Use These Funds
SSMC will continue to track key sustainability metrics for cities in San Mateo County and examine one sustainability topic in depth each year. Our vision going forward is to accelerate sustainability by sharing best-in-class examples of easy-toreplicate sustainability practices and policies by other cities, towns, counties, and businesses. SSMC will continue to help local cities, towns, and the county assess their progress and craft sustainability goals based on input from community forums and interviews with local leaders. We publicize local stories of sustainability success in the media and at public events to amplify their impact. Funds received will help support a contract Program Manager who coordinates meetings with local cities and towns, volunteer researchers, writers, graphic designers, printing and dissemination of reports. In addition, these funds will help cover the costs of community meeting venues and materials, publicity, and outreach.

Our Primary Sources of Funding
San Mateo County and local cities and towns are the primary sources of funding for our research. Additional organizational support comes from foundations, corporate grants and individual donors.

Benefits to Your Organization
Many elected and appointed officials, as well as nonprofit and business leaders have told us they greatly value SSMC’s contributions in helping them do their job. We’ve received lots of positive feedback about our Sustainability Ideas Bank, which is designed to help you implement new policies and programs easily. City leaders tell us they use our Indicators Report and results from our Sustainability Dashboard to understand local conditions and trends, and to provide data to demonstrate the need for programs, services and/or policies to address issues. You are encouraged to reference findings from our reports in your own presentations to highlight an area of need or make a case for a program or initiative. Charts and graphs are downloadable from our website, and staff can assist you with interpreting the underlying data or questions. Please note that we are happy to provide educational presentations to city and community groups upon request, as well as letters of support for programs whose goals align with ours. We also feature local cities’ achievements at our Happy Hours. We are continually working to improve our programs and welcome your suggestions.

We are grateful for the ongoing financial support from local cities like yours. Your 2022-23 contribution will enable us to continue to deliver high-quality, timely and relevant programs that foster and accelerate a sustainable future for your residents, organizations, and businesses. We hope you will approve our requested level to allow us to broaden and deepen our programs and give sustainability the voice and attention it truly deserves – now even more than ever.

Thank you for your consideration.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
6 CONSENT CALENDAR

CITY COUNCIL MEETING
MAY 09, 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. This has allowed the City Council, Administrative Hearing Panel, Architecture and Design Review Board, Citizens Communication Advisory Committee and Financial Advisory Committee meetings to be conducted by Zoom with Councilmembers, board/committee members and staff 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 -75-
Agenda Staff Report - Hillsborough City Council
May 09, 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, March 14, 2022 and April 11, 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, City Attorney
RECOMMENDATION: Approve a motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361.
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RESOLUTION NO. 21-87

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

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

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

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

3. This resolution shall become effective upon adoption.

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

AYES: Councilmembers Royse, Kralik, Chuang, Cole
NOES: Councilmembers None
-------------------
ABSENT: Councilmembers Ma
-~-----------------
ABSTAIN: Councilmembers None
-------------------
-78-

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

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH 3-D TECHNOLOGIES, INC. TO INSTALL AND MAINTAIN THE SALTO SMART ACCESS AND CONTROL SECURITY SYSTEM FOR THE TOWN’S PUBLIC WORKS FACILITIES IN THE AMOUNT OF $42,158, RESULTING IN A TOTAL CONTRACT AMOUNT OF $312,829
SUMMARY: On December 14, 2020, the City Council approved an agreement with 3D Technologies, Inc. for the installation and maintenance of a Smart Salto Access and Control System for Public Works Facilities in the amount of $270,671. Since that time, the Town, in coordination with 3-D Technologies, Inc., has identified unforeseen conditions and desired system improvements based on field conditions. These include:

1. Network and VPN connection and configuration issues – Public Works Corp Yard main entry gate

2. Door repairs and lock re-configurations due to poor condition – various sites

3. Crash-bar safety doors addition/alteration – several tank sites

4. Darrel tank site auto-entry gate – exit reader

5. Public Works RFID reader system for Public Works vehicles – entry gate

6. Several additional lock sites and entry points
The identified repairs and improvements are estimated to cost $42,158 and will provide the Town with the required access and control security for its public works facilities and in particular its potable water storage and distribution sites in accordance with US EPA Americas Water Infrastructure Act of 2018 (AWIA). As such, staff recommends that the existing contract be amended for a total not-to-exceed amount of $312,829 to include unforeseen repairs and system improvements.

FISCAL IMPACT: The current project budget has a total of $270,671 allocated for the project from the FY 2020-21 Public Works Facilities budget (CIP #515.00). The anticipated cost of the services has increased to $312,819 based on unforeseen conditions and desired system improvement. It is recommended that funding be allocated from the FY 2021-22 Public Works Facilities budget (CIP #515.00) in the amount of $42,158, for a total budget allocation of $312,829. Sufficient funding remains in the budget for this project.

ENVIRONMENTAL ISSUES: The action is categorically exempt from the California Environmental Quality Act (CEQA) according to Section 15301 of the CEQA Guidelines as this work involves the minor alteration of existing public works facilities involving no expansion of use. -79-
Agenda Staff Report - Hillsborough City Council
May 09, 2022

Page 2 ends

ATTACHMENTS:

1. Resolution

2. Draft Amendment to Agreement
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an amendment to the existing agreement with 3-D Technologies, Inc. to install and maintain the Smart Salto Access and Control System for the Town’s Public Works Facilities in the amount of $42,158.00, for a total not-to-exceed contract amount of $312,829.00, allocating additional funds from the approved FY 2021-22 CIP Public Works Facilities budget (CIP #515.00). -80-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH 3-D TECHNOLOGIES, INC.

TO INSTALL AND MAINTAIN THE SALTO SMART ACCESS AND CONTROL SECURITY SYSTEM FOR THE TOWN’S PUBLIC WORKS FACILITIES IN THE AMOUNT OF $42,158, RESULTING IN A TOTAL CONTRACT AMOUNT OF $312,829 WHEREAS, the Town of Hillsborough (“Town”) operates and maintains various critical public works facilities including the Town’s water distribution system, sewer lift stations and the public works corporation yard; and WHEREAS, the Town manages security and access control for its Public Works water distribution facilities in accordance with US EPA Americas Water Infrastructure Act of 2018 (AWIA); and
WHEREAS, on December 14, 2020, the City Council approved an agreement with 3-D Technologies, Inc. for the installation and maintenance of a Smart Salto Access and Control System for Public Works Facilities in the amount of $270,671 after a Request for Proposals process pursuant to a professional services agreement; and
WHEREAS, the Town, in coordination with 3-D Technologies, Inc., has identified unforeseen conditions and desired system improvements based on field conditions; and
WHEREAS, the identified improvements are estimated to cost an additional $42,158; and
WHEREAS, funding for the additional services will be allocated from Public Works Facilities budget (CIP #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 an amendment to the existing agreement with 3-D Technologies, Inc. to install and maintain the Smart Salto Access and Control System for the Town’s Public Works Facilities in the amount of $42,158.00, for a total not-to-exceed contract amount of $312,829.00, allocating funds from the approved FY 2021-22 CIP Public Works Facilities budget (CIP #515.00).

Mayor of the Town of Hillsborough
Attest: City Clerk
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ATTACHMENT 1
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th of May 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-82-

TOWN OF HILLSBOROUGH
AMENDMENT NO. 1 TO PROFFESIONAL SERVICES AGREEMENT
This Amendment is made and entered into as of ______________, 202__, by and between the Town of Hillsborough (“Town”), and 3D Data Com (bda, 3-D Technologies Services, Inc.), a corporation with its principal place of business at 11365 Sunrise Gold Circle Rancho Cordova, CA 95742-6512 (hereinafter referred to as “Consultant”). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. The Town and the Consultant previously entered into a Professional Services Agreement for “SMART SALTO ACCESS AND CONTROL SECURITY SYSTEM INSTALLATION AND MAINTENANCE FOR PUBLIC WORKS FACILITIES” dated 01/25/2021 (the “Agreement”); and B. Town and the Consultant desire to amend said Agreement to modify the compensation for the project.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Subsection 2.b. of Compensation, is hereby amended to read as follows:
“b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of 312,829.00. This amount is to cover all costs, and the Town will not pay any additional fees for additional expenses. Periodic payment shall be made within 30 days 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.”
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ATTACHMENT 2

Page 2 of 2 ends

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE TOWN OF HILLSBOROUGH
AND 3-D TECHNOLOGIES SERVICES, INC.

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

TOWN OF HILLSBOROUGH
By: Ann E. Ritzma
___________________________
City Manager
Approved as to form:
___________________________
City Attorney
3D DATA COM (bda, 3-D

TECHNOLOGIES, SERVICES)
By: ___________________________
Title: ___________________________
By: ___________________________
Title: ___________________________
Attachments:

Exhibit “A” – Professional Service Agreement Contract
-84-

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

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: ADOPTION 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 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 -85-
Agenda Staff Report - Hillsborough City Council
May 09, 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:
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Agenda Staff Report - Hillsborough City Council
May 09, 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 prepared the 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.

On April 11, 2022, the City Council introduced and waived further reading of the ordinance and set a public hearing for May 9, 2022 for adoption of the ordinance. -87-
Agenda Staff Report - Hillsborough City Council
May 09, 2022

Page 4 ends

FISCAL IMPACT: There is no new fiscal impact associated with the approval of this ordinance, policy, and equipment list.

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: Adopt the 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.”
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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. -89-
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.

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 -90-
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 April 11, 2022, and adopted on _______ , 2022, by the following vote of the City Council:

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

POLICIES
Military Equipment
Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

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
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ATTACHMENT 2
Hillsborough Police Department

POLICIES
Military Equipment
Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

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 -93-
Hillsborough Police Department

POLICIES
Military Equipment
Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

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 -94-
Hillsborough Police Department

POLICIES
Military Equipment
Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

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. -95-
Hillsborough Police Department

POLICIES
Military Equipment
Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

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.
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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: -97- 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 -98- 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.
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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:
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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
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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
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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. -103-
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)
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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.
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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.
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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)
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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.
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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.
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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 -110-
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.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
9 PUBLIC HEARING

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION SETTING AND CONFIRMING THE FEES AND CHARGES FOR FY 2022-23 AND RESOLUTION AUTHORIZING WATER AND SEWER CONNECTION FEES FOR FY 2022-23 EFFECTIVE JULY 1, 2022
SUMMARY: The Town of Hillsborough provides the community with a wide variety of municipal services, including, but not limited to, police and fire protection, water delivery, wastewater collection, street maintenance, storm drainage, planning and development services, and building inspection services. General-purpose revenues, such as property taxes, are used to fund community-wide services such a police protection. User fees are used to cover the cost of providing services that have special benefit to an individual or group such as a planning application, building permit or encroachment permit associated with personal projects/property.

The Town typically updates the fees and charges approximately every three years. Most fees and charges were updated in FY 2021-22. There are only a few adjustments being proposed for FY 2022-23 to adjust for changes in services.

The proposed fees are intended to provide full cost recovery for the services rendered. However, the City Council may waive fees to subsidize and/or provide incentives to promote certain activities, provided those subsidies or incentives are funded with unrestricted revenue. Past examples include the waiving or lowering of fees for accessory dwelling units, solar panels, and hazardous tree removal.

New Fees
On September 16, 2021, the Governor signed Senate Bill 9, Atkins (SB 9), which took effect in all local jurisdictions on January 1, 2022. SB 9 allows all properties within a “single-family residential zone” to be subdivided into two parcels and developed with two primary dwelling units per lot, irrespective of local standards. In essence, the law allows for two new types of development activities that must be reviewed ministerially without any discretionary action or public input.

There are two new fees proposed for FY 2022-23 as follows:

2. Planning – Ministerial Review - SB 9 "Two-Unit Project" - $1,235 -113-
Agenda Staff Report - Hillsborough City Council
May 09, 2022

Page 2 ends

This new fee allows the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot. All requirements associated with this type of project are detailed in HMC Chapter 17.54 - TWOUNIT PROJECTS.

These new fees are used to reflect Town cost for staff-level review of these two types of reviews.

Although these reviews are ministerial and done without any discretionary review, the review is still time-intensive for staff to review all aspects of the proposal for compliance with the Hillsborough Municipal Code.

Deleted Fees
A few fees have been discontinued, as the service is no longer provided or relevant, or the costs are captured in another fee.

Sewer and Water Rates
Sewer and water rates are presented on the Schedule of Fees and Charges at the maximum allowable rates by resolution as adopted for the five-year sewer and water rate series. These rates are separately reviewed and adopted by resolution each year for implementation on July 1 for sewer rates and January 1 for water rates. The rates that are currently in effect remain until reviewed and adopted by resolution.

Water and sewer connection fees are annually adjusted based on the Engineering News Record Construction Cost 20-City Average Index (ENR-CCI), which was 14.8%. Proposed connection fees on July 1, 2022 are $17,572.00 for water and $17,101.00 for sewer.

FISCAL IMPACT: Fees fully recover the Town’s cost to perform the services and are budgeted as Service Charges revenues in the various funds.

Page 3 ends

ATTACHMENTS:

1. Proposed Schedule of Fees and Charges

2. Resolution - Fees and Charges

3. Resolution - Water and Sewer Connection Fees
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION:

1. Open the public hearing and receive comments;

2. Close the public hearing; and

3. Adopt the resolution setting and confirming the fees and charges for FY 2022-23; and

4. Adopt the resolution authorizing water and sewer connection fees for FY 2022-23 effective July 1, 2022.
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ATTACHMENT 1

SCHEDULE OF FEES

AND CHARGES
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TOWN OF HILLSBOROUGH

Category 2 - Non-Permit
Business (those businesses not
in Category 1 or Category 3)
(T-2)
.5% of Gross
Receipts with $100
minimum
.5% of Gross
Receipts with $100
minimum

Category 3 – Title Insurance
Companies (based on policy
amount)
$.30 per $1,000 $.30 per $1,000
Administrative fee $100 $100
Additional fee for each sales
associate in brokerage firms $25 $25

Additional fee for home
occupation business to
reimburse for Fire Inspection
to be assessed by
Central County Fire
Department
to be assessed by
Central County Fire
Department
Penalty to obtain business
license (5.04.230B)
$200 + 20% + 1 ½%
per month
$200 + 20% + 1 ½%
per month
Penalty to renew business
license (5.04.230A)
$200 + 50% + 1 ½%
per month
$200 + 50% + 1 ½%
per month
Business Vehicle Sticker $20 each $20 each
Public Safety Special
Tax Voter approved on June 1998
Improved Property $570 $570
Unimproved Property $218 $218
Sewer (annual
service)
Residential (Equivalent
Dwelling Unit) $3,685 $3,832
Hillsborough Racquet Club $1,4,74 $1,150
Cal Trans Rest Stop $25,793 $19,928
Crystal Springs Upland School $15,107 $18,012
Burlingame Country Club $72,589 $80,480
Crystal Springs Golf Club $22,108 $24,527
Hillsborough School District $30,215 $37,941
Nueva School $3,685 $3,832
Sewer Capital
Construction
Development Fee
Residential connection $14,896 $17,101
Residential with 2nd unit
including guest unit Actual Cost Actual Cost

Commercial connection rate
based on flow with minimum
amount to be determined by
PW
Actual Cost Actual Cost
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TOWN OF HILLSBOROUGH

Minor Event Actual with
minimum of $1,000
Actual with
minimum of $1,000
Major Event Actual with
minimum of $5,000
Actual with
minimum of $5,000
All Other Personnel Actual Actual

TOWN OF HILLSBOROUGH

Gates, Columns,
and/or fencing
along the street
$481 $481

First request for 1-
year extension of
Administrative
approval
$401 $401
Emergency Tree
Removal1 $274 $274

First request for 1-
year extension of
ADRB approval
$537 $537

Public Notification
Fee for
Administrative
Design Review
$163 $163
ADRB
Roofing $1,454 $1,454
Major Landscape
Plans $1,958 $1,958
Minor Landscape
Plans $1,065 $1,065
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TOWN OF HILLSBOROUGH

Actual cost with
$5,000 minimum
deposit
Actual cost with
$5,000 minimum
deposit
Ministerial Review -
SB 9 "Lot Split" - $963
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TOWN OF HILLSBOROUGH

Actual cost with
$20,000 minimum
deposit
Actual cost with
$20,000 minimum
deposit
Minor Wireless
Communications
Facilities Permit
Application

Actual cost with
$10,000 minimum
deposit
Actual cost with
$10,000 minimum
deposit
Wireless Appeal
Actual cost with
$5,000 minimum
deposit
Actual cost with
$5,000 minimum
deposit
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TOWN OF HILLSBOROUGH

CONSTRUCTION PERMIT FEES

Town waives fees on second units except for plan check fees and the basic fees for photovoltaic systems.

Technology Fee The Technology Fee is charged on all permits and is 5% of all Permit Fee.

SMIP Fee The SMIP (Strong Motion Instrumentation Program) fee is a state fee collected on all building permits issued by local agencies and subsequently remitted to the State.

CalBSCF The CalBSCF (California Building Standards Administration Fund) fee is a state fee collected on all building permits issued by local agencies and remitted to the State.

General Plan Maintenance Fee The fee is intended to reimburse agencies for State mandates for land use policies.

Construction Vehicle Street Impact Fee The fee is intended to raise additional funds to improve streets that are impacted or heavily utilized by construction vehicles.

Plan Review Fee The fee is assessed when plans are required for the issuance of the building permit.
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TOWN OF HILLSBOROUGH

Revised Inside Plan Check Fee This fee is based on actual time and computed based on current hourly rate.

Revised Outside Plan Check Fee This fee is based on actual cost.

Renewal Fee for an Expired Permit A renewal fee will be assessed for an expired permit based on the length of time from issuance and the value of the original permit.

Construction Site Stop Work When a Stop Work Notice is issued for work or conditions that violate California or Municipal Codes, a reactivation fee will be assessed.

TOWN OF HILLSBOROUGH

TABLE 1-A/18 – BUILDING AND COMBINATION PERMITS
Type of Fee How
Charged Adopted FY 21-22 Proposed FY 22-23
Recycle Monitoring Cost Cost + 20% (refer to HMC §

15.18.030)
Cost + 20% (refer to HMC §

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TOWN OF HILLSBOROUGH

1. Utility Trench $193 $193

2. Curb & Gutter $193 $193

3. Parking Strip $193 $193

4. Driveway Apron $193 $193

5. Curb Drains $193 $193

6. Bell Holes $193 $193

7. Sewer Tie-in $193 $193

8. Storm Drains $193 $193

9. ROW fixtures $193 $193

TOWN OF HILLSBOROUGH

ENGINEERING DIVISION
Fee Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23 500 – 1,499 cubic yards to be
moved $3,091 $3,091

> 1,500 cubic yards to be moved
and transport to and from site >=
1,500 cubic yards
$6,865 $6,865

TOWN OF HILLSBOROUGH

PUBLIC WORKS DIVISION – SPECIAL SERVICES
Fee
Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23

TOWN OF HILLSBOROUGH

POLICE DEPARTMENT
Fee Description Task/Project Description Adopted FY 21-22 Proposed FY 22-23

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES
FIRE FEES – CENTRAL COUNTY FIRE DEPARTMENT
Service Reference Fee

RE-INSPECTIONS
Second re-inspection (fee per
inspection) $133
Third and subsequent re-inspection
(fee per inspection) $161

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES
FIRE FEES – CENTRAL COUNTY FIRE DEPARTMENT
Service Reference Fee
Emergency Responder Radio
Coverage System Permit
§510, CFC Title
24 Part 9 $342

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES
FIRE FEES – CENTRAL COUNTY FIRE DEPARTMENT
Service Reference Fee

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES

SAN MATEO COUNTY ANIMAL CONTROL FEES & CHARGES
.

TOWN OF HILLSBOROUGH

SCHEDULE OF FEES AND CHARGES

SAN MATEO COUNTY ANIMAL CONTROL FEES & CHARGES
.

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH SETTING AND CONFIRMING THE FEES AND CHARGES FOR FY 2022-23 WHEREAS, the Town of Hillsborough (“Town”) provides the community with a wide variety of municipal services, including, but not limited to, police and fire protection, water delivery, wastewater collection, street maintenance, storm drainage, planning and development services, and building inspection services; garbage flat fee and San Mateo County Animal Control fee and charges; and
WHEREAS, annually, the Town sets the fees and charges necessary to provide services; and
WHEREAS, the Town develops a Cost Allocation Plan that reflects the full cost of providing the services; and
WHEREAS, the proposed action has been properly noticed as required by Government Code Section 66018 following publication requirements set forth in Government Code Section 6062a; and
WHEREAS, included in the Town of Hillsborough Schedule of Fees and Charges is the Central County Fire Department (CCFD) master fee schedule. All CCFD fees presented are collected or remitted to CCFD and are not retained by the Town; and
WHEREAS, the Financial Advisory Committee, the City Council and the public have been presented in an open and noticed public meeting, all of the details of the proposed changes in the fees and charges schedule and the related Cost Allocation Plan.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the Town of Hillsborough, California, that:

SECTION 1. The above Recitals are true and correct and by this reference incorporated herein.

SECTION 2. The City Council hereby adopts the FY 2022-23 Town of Hillsborough Schedule of Fees and Charges outlined in Exhibit “A” hereto attached and the related Cost Allocation Plan. This Fees and Charges imposed by this Resolution shall supersede any prior fees or charges imposed by resolution or otherwise by the City Council, to the extent such prior fees or charges conflict herewith.

SECTION 3. The City Council called a public hearing for May 9, 2022, at City Council Chambers, for the purpose of receiving public comments to the proposed Fees and Charges. Notice of the public hearing was given by publication in a newspaper of general circulation within the Town once a week for two -141-
ATTACHMENT 2
weeks commencing at least ten (10) days prior to the public hearing, with at least 5 days intervening between the first and last publication. On May 9, 2022, at the time and place set for the public hearing, the City Council heard and considered all oral and written presentations and comments made regarding the proposed Fees and Charges.

SECTION 4. The City Council finds and determines that:
(a) The Fees and Charges established by this resolution:
(1) are imposed for a specific government service provided directly to the payor, or for reasonable regulatory costs of the Town for issuing licenses and permits, performing investigations, inspections, and administrative enforcements of the Town’s Municipal Code or other rules or ordinances; and
(2) are no more than necessary to cover the reasonable costs of the governmental activity for which the Fee or Charge is imposed; and
(3) the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity for which the Fee or Charge is imposed.
(b) The Fees and Charges are not taxes within the meaning of California Constitution article XIII C, section 1(e).

SECTION 5. If any section, subsection, clause or phrase in this resolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this resolution or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

AYES: Councilmembers
-142-
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-143-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING WATER AND SEWER CONNECTION FEES EFFECTIVE
JULY 1, 2022
WHEREAS, on February 12, 2007, the City Council passed an ordinance amending Sections 13.20.030 and 13.32.105 whereby water and sewer connection fees respectively are annually adjusted based on the Engineering News Record Construction Cost (ENR-CCI) 20-City Average Index; and WHEREAS, the ENR-CCI 20-City Average Index used for FY 2022-23 is 14.8%; and WHEREAS, the proposed fees and charges for FY 2022-23, if adopted, would be effective July 1, 2022, until amended; and
WHEREAS, the actions taken pursuant to this Resolution do not constitute an “increase” to any fee or charge subject to article XIII D, section 6 of the California Constitution, and do not constitute the imposition of new connection fees under Government Code section 66013, because they are being adjusted in accordance with a pre-approved formula; and WHEREAS, fees and charges adjusted pursuant hereto do not exceed the cost of the service for which they are imposed; and
WHEREAS, the Financial Advisory Committee, the City Council and the public have been presented in an open and noticed public meeting, all of the details of the proposed changes to the water and sewer connection fees.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby authorizes sewer service charges and sewer and water connection fees for FY 2022-23, effective July 1, 2022, as follows:

Water and Sewer Residential Connection Fee
Adopted
fiscal year
2021-2022
Proposed
fiscal year
2021-2022
Sewer Capital Construction Development Fee $14,896 $17,101 Water Capital Construction Development Fee $15,307 $17,572 This resolution shall be printed and posted upon the authorized official bulletin boards of the Town of Hillsborough.

Mayor of the Town of Hillsborough
Attest: City Clerk
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ATTACHMENT 3
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of May 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-145-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
10 OLD BUSINESS

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JMB CONSTRUCTION, INC. FOR THE SANDRA HAYNE STORM DRAIN REPLACEMENT PROJECT IN THE AMOUNT OF $2,346,630.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $234,663.00, IF NEEDED, FOR A TOTAL PROJECT COST OF $2,581,293.00; AND APPROVING A FY 2021-22 BUDGET AMENDMENT IN THE CAPITAL IMPROVEMENT FUND (CIP #805.47) AND GENERAL FUND TRANSFER IN THE AMOUNT OF $1,001,295.00
SUMMARY: Cherry Creek (also known as Cherry Canyon Creek) is one of the major drainages in Hillsborough. It originates near the top of the hill near Darrell Road, just north of Hayne Road. The Creek flows eastward toward the San Francisco Bay, roughly parallel to Hayne Road until it approaches West Santa Inez Avenue, where it turns northwest. There is water in the creek yearround, and it is conveyed underground through a pair of large storm drain pipes where it crosses Sandra Road. During a condition assessment of the storm drain infrastructure, it was noted that the drainage structures and storm drains in the area were in a deteriorated and damaged condition, and that the upper portion of the headwall had serious deficiencies. It was recommended the deficiencies be corrected as soon as practical.

The project will improve the capacity and structural deficiencies of the storm drain system at the intersection of Hayne Road and Sandra Road. The improvements will minimize the risk of flooding, roadway failure, damage to public and private structures, hillside erosion, and traffic disruption.

The improvements include a new headwall, storm drainpipes, a rip rap energy dissipator, junction structures, and creek restoration improvements.

Because the project limits encompass Cherry Creek, which is defined as waters of the State, this project is subject to the regulatory requirements of the Regional Water Quality Control Board (RWQCB), California Fish and Wildlife, and US Army Corps of Engineers. One of these requirements limits construction within the creek between June 15 and October 15. For this reason, it is key that construction starts in early June to meet the regulatory construction timeframe, and provide relief to this area for next winter.

The project was publicly bid and advertised in accordance with the Uniform Public Construction Cost Accounting Act. There were ten contractors on the plan holders list and six contractors attended the pre-bid meeting. The Town received the following two responsive bids:

BID
$2,346,630.00
$2,437,550.00

CONTRACTOR
JMB Construction, Inc.

W.R. Forde Associates, Inc.
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Agenda Staff Report - Hillsborough City Council
May 09, 2022

Page 2 ends

The apparent low bid in the amount of $2,346,630.00 was submitted by JMB Construction, Inc. (“JMB”). The bid amount for this project is approximately 4% above the engineering estimate and both bids were within 8% of the estimate which confirms the bids received were competitive. Bids were higher than 2021 comparable projects, likely due to the recent increases in material costs, supply chain issues, and contractor availability. However, staff conducted an analysis of the bid submittal and found the bid prices reasonable. While only two contractors submitted bids, staff determined that JMB’s qualifications and experience levels are satisfactory to perform all work associated with this project. JMB has successfully bid and completed projects for the Town in the past and has a positive work history.

FISCAL IMPACT: There is currently insufficient funding in the Sandra Hayne Storm Drain CIP Budget (#805.47) for FY 2021-22 to award this construction contract. To meet the constraints of the regulatory construction window set by the agency permits, the project was bid in FY 2021-22.

However, costs are not anticipated to be incurred until FY 2022-23. To meet budget compliance in FY 2021-22, the project must be fully funded when awarded by City Council. It is recommended that the City Council approve a budget amendment in the Capital Improvement Fund CIP #805.47 and General Fund transfer in the amount of $1,001,295.00, which is the additional amount needed to provide sufficient funding for this project.

It is recommended that funding for this project be allocated from the amended budget for the FY 2021-22 Sandra Hayne Storm Drain CIP Budget (#805.47) in the amount of $2,346,630.00, with a 10% contingency in the amount of $234,663.00 allocated for use, if needed, for a total allocation of $2,581,293.00. The adopted budget has adequate reserves in the General Fund to support the budget amendment and General Fund transfer.

ENVIRONMENTAL ISSUES: Pursuant to California Environmental Quality Act (CEQA) Guidelines §15063, the Town of Hillsborough prepared an Initial Study to evaluate the potential adverse environmental effects of the Project. The Initial Study concluded that potential significant environmental effects could occur from project implementation in the following issue areas: air quality, biological resources, cultural resources, hazards and hazardous materials, hydrology and water quality, noise, transportation, tribal cultural resources, utilities and service systems, and wildfire. However, mitigation measures were identified that would reduce these potential impacts to less-than-significant levels. The City Council adopted the Final IS/MND at the January 11, 2021 City Council meeting.

ATTACHMENTS:

1. Resolution

2. Contract
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution awarding to and authorizing the City Manager to execute the contract on behalf of the Town with JMB Construction, Inc. for the Sandra Hayne Storm Drain Replacement Project in the amount of $2,346,630.00 with a 10% contingency in the amount of $234,663.00, if needed, for a total project cost of $2,581,293.00; and approve a FY -148-
Agenda Staff Report - Hillsborough City Council
May 09, 2022

Page 3 ends

2021-22 budget amendment in the Capital Improvement Fund (CIP #805.47) and General Fund transfer in the amount of $1,001,295.00.
-149-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JMB CONSTRUCTION, INC. FOR THE SANDRA HAYNE STORM DRAIN REPLACEMENT PROJECT IN THE AMOUNT OF $2,346,630.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $234,663.00, IF NEEDED, FOR A TOTAL PROJECT COST OF $2,581,293.00; AND APPROVING A FY 2021-22 BUDGET AMENDMENT IN THE CAPITAL IMPROVEMENT FUND (CIP #805.47) AND GENERAL FUND TRANSFER IN THE AMOUNT OF $1,001,295.00
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s stormwater drainage system; and
WHEREAS, the Town desires to improve the capacity and structural deficiencies of the stormwater drainage system at the intersection of Hayne Road and Sandra Road to minimize the risk of flooding, roadway failure, damage to public and private structures, hillside erosion, and traffic disruption as part of the Sandra Hayne Storm Drain Replacement Project (“Project”); and WHEREAS, the Project proposes new storm drain pipe, structures, headwalls and creek stabilization improvements; and
WHEREAS, plans and specifications have been developed for improvements to the Town’s stormwater drainage system to repair the deficiencies; and WHEREAS, the Project was publicly bid and advertised in accordance with the Uniform Public Construction Cost Accounting Act and the Town received two bids for the Project; and
WHEREAS, JMB Construction, Inc. (“JMB”) was the lowest responsible bidder submitting a responsive bid in the amount of $2,346,630.00; and WHEREAS, staff conducted an analysis of the bid and verified that JMB’s qualifications and experience levels are satisfactory; and
WHEREAS, funding will require approval of a budget amendment for FY 2021-22 to the Capital Improvement Fund (CIP #805.47) and General Fund transfer in the amount of $1,001,295.00; and
WHEREAS, the adopted budget has adequate reserves in the General Fund to support the budget amendment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby awards to and authorizes the City Manager to execute the contract on behalf of the Town with JMB Construction, Inc. for the Sandra Hayne Storm Drain Replacement Project in the amount of $2,346,630.00, and authorize a 10% contingency in the amount of $234,663.00, if needed, for a total budget of $2,581,293.00; and -150-
ATTACHMENT 1
approves a FY 2021-22 budget amendment in the Capital Improvement Fund (CIP #805.47) and General Fund transfer in the amount of $1,001,295.00.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-151-
61236.01300\33085886.1
MARCH 2022
-46- 00 52 13 – CONTRACT

TOWN OF HILLSBOROUGH

SANDRA/HAYNE STORM DRAIN REPLACEMENT PROJECT
00 52 13 – CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between Town of Hillsborough, sometimes hereinafter called “Town,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

SANDRA/HAYNE STORM DRAIN REPLACEMENT
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 220 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
c. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the Town may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
805.47 JMB Construction, Inc. Two Million, Three Hundred and Forty Six Thousand, Six Hundred and Thirty 2,346,630.00 -152-
ATTACHMENT 2
61236.01300\33085886.1
MARCH 2022
-47- 00 52 13 – CONTRACT

TOWN OF HILLSBOROUGH

SANDRA/HAYNE STORM DRAIN REPLACEMENT PROJECT
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Town’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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61236.01300\33085886.1
MARCH 2022
-48- 00 52 13 – CONTRACT

TOWN OF HILLSBOROUGH

SANDRA/HAYNE STORM DRAIN REPLACEMENT PROJECT
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF HILLSBOROUGH [INSERT NAME OF CONTRACTOR]
By: By:

Ann Ritzma
City Manager Its:

Printed Name:

ATTEST:

By:

Town Clerk
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
JMB CONSTRUCTION, INC.
-154-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
11 OLD BUSINESS

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING THE PROHIBITION OF GAS-POWERED LEAF

BLOWERS ON TOWN-OWNED AND MANAGED PROPERTY
SUMMARY: At the January 11, 2021 and April 12, 2021 City Council meetings, staff presented informational reports on the use of leaf blowers in Hillsborough along with proposed next steps to address both noise and environmental impacts. Due to pending state legislation, staff paused any ordinance or policy modifications to determine if state funding would be made available for the implementation of any new programs. The Town continued public education efforts during this time. Due to the lack of funding available currently by the State, but a continued desire to transition away from gas-powered and toward electric-powered leaf blowers, staff is now presenting a proposed policy modification to lead by example by prohibiting the use of gas-powered leaf blowers on Town-owned and managed property, as well as implementing additional public education and outreach efforts.

BACKGROUND
In October 2019, staff began reviewing the use of leaf blowers in Hillsborough and presented an informational item at the City Council Goal Setting Session in February 2020. In March 2020, the Shelter In Place (SIP) Order went into effect, prohibiting gardeners and landscapers from working.

The SIP Order delayed landscaping work in the community and concurrently delayed the City Council's public discussion of leaf blowers. Gardening and landscaping services resumed after the SIP Order was terminated.

Following the informational report and draft work plan presented in January 2021, staff began public education efforts on the existing noise ordinance as well as research to inform next steps on the creation of an ordinance.

STATE REGULATIONS ON LEAF BLOWER USE
On October 9, 2021, Governor Gavin Newsom signed into law Assembly Bill 1346 (AB 1346), which will require the California Air Resources Board (CARB), by July 1, 2022, consistent with federal law, to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines. CARB will also identify and, to the extent feasible, make available funding for a commercial rebate or similar incentive funding as part of any updates to existing applicable funding program guidelines. This funding will be made available to local air pollution control districts and air quality management districts to implement to support the transition to zero-emission small off-road equipment operations. -155-
Agenda Staff Report - Hillsborough City Council
May 09, 2022

Page 2 ends

PROPOSED LEAF BLOWER POLICY MODIFICATIONS
In conjunction with the State legislation, staff proposes to prohibit gas-powered leaf blower use on Town-owned and managed properties, including but not limited to parks, open spaces, roadsides, medians, water tank sites, and outside buildings, facilities, and structures. As a result of the prohibition on gas-powered leaf blowers, Town employees and contractors will be required to follow a new policy of utilizing exclusively electric alternatives to gas-powered leaf blowers. Electric leaf blowers permitted include both battery-powered and plug-in options. In order to allow for adequate transition time, the policy would be effective beginning July 1, 2022.

Staff analyzed the potential cost of implementing a rebate program for gas-powered leaf blowers, as other cities have implemented. Due to the regional nature of landscaping in the Bay Area, most landscaping contractors work in multiple jurisdictions. Staff recommends waiting for potential state funding to implement a rebate program in order to prevent Town funds from being utilized for equipment that may be used primarily outside of the Town.

To encourage residents to make the switch to electric, Town staff plans to roll out a public education campaign highlighting the benefits of electric leaf blowers as well as the new policy for Town-owned and managed properties. Benefits include reduced pollutants, lower noise impacts, and potential cost savings over time.

FISCAL IMPACT: There is no immediate fiscal impact to the Town as the contractors that work on Town-owned and managed property already possess the equipment needed to comply with the new policy.

ENVIRONMENTAL ISSUES: The City Council’s action in adopting the resolution to require electric powered leaf blowers in all landscaping work conducted by the Town on Town property is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guideline 15378(b)(2) as a continuing administrative activity which is specifically defined in CEQA to include the purchase of supplies. It is further exempt on an independent basis pursuant to CEQA Guideline 15301 as an action involving the maintenance of existing facilities, including parks, open spaces, etc.

ATTACHMENTS: Resolution
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution prohibiting gas-powered leaf blowers on Town-owned and managed properties and phasing in the use of exclusively electric-powered leaf blowers by July 1, 2022.
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RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH APPROVING THE PROHIBITION OF GAS-POWERED LEAF BLOWER ON TOWNOWNED AND MANAGED PROPERTY WHEREAS, leaf blowers are commonly used for commercial and residential landscape maintenance, but present a unique nuisance because of the character and volume of their noise and air pollution emissions and the dust and debris they project; and
WHEREAS, gas-powered leaf blowers emit pollutants and generate noise-levels that often exceed the upper limits of the Town of Hillsborough’s (“Town”) noise ordinance as well as the limits of safe human exposure; and WHEREAS, the operation of gas-powered leaf blowers creates noise pollution for residents and degrades quality of life; and
WHEREAS, effective and fiscally feasible alternatives exist for landscape management of Town-owned and managed properties; and
WHEREAS, the Town accordingly seeks to regulate the use of gas-powered leaf blowers on Town-owned and managed property, and move toward utilization of exclusively electric alternatives; and
WHEREAS, the State has passed Assembly Bill 1346 to require the California Air Resources Board (CARB), by July 1, 2022, consistent with federal law, to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines; and
WHEREAS, the Town would like to serve as a model for the community by demonstrating the feasibility of electric leaf blowers; and WHEREAS, the Town would like to adopt a policy prohibiting gas-powered leaf blower use on Town-owned and managed properties, including but not limited to parks, open spaces, roadsides, medians, water tank sites, and outside buildings, facilities, and structures. Town employees and contractors will be required to follow this new policy utilizing electric alternatives to gaspowered leaf blowers.

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

1. The Town hereby adopts a policy of banning gas-powered leaf blowers on Townowned and managed property, effective July 1, 2022.

2. The Town will transition to the use of exclusively electric leaf blowers on Townowned and managed property by July 1, 2022. -157-

3. The Town will endeavor to provide educational resources to its businesses and residents regarding alternatives to gas-powered leaf blowers. During this time, the Town will also continue to research ways to facilitate the ability of businesses and residents to implement their own transition away from gas-powered and toward electric-powered leaf blowers.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-158-

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

CITY COUNCIL MEETING
MAY 09, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING SEWER SERVICE CHARGES EFFECTIVE JULY 1, 2022
SUMMARY: This resolution authorizes sewer service charges for residential and non-residential customers, effective July 1, 2022. An Equivalent Dwelling Unit (EDU) represents the wastewater flow and loadings of a typical single family residence. Residential customers have one EDU.

Equivalent EDUs are assigned to non-residential customers based on average winter water use from the prior three years and State Water Resources Control Board (SWRCB) wastewater strength guidelines.

Notice of this proposed change was published in the San Mateo Daily Journal on April 26, 2022 as required by Government Code Section 66018 following publication requirements set forth in Government Code Section 6062a. The notice was also posted on the Town's public bulletin boards.

This resolution will authorize implementing a $147.00 (4%) increase in the annual residential sewer service charge from $3,685.00 to $3,832.00 for FY 2022-23 effective July 1, 2022.

Non-residential accounts will be charged based on the equivalent dwelling unit formula and the average winter water use during the fiscal years 2019-20, 2020-21 and 2021-22. Starting in FY 2017-18, staff used a method to conduct additional analysis on commercial winter water use to reflect indoor water usage through Advanced Metering Infrastructure (AMI) tools. Variances from the 4% rate increase are the result of changes in the average water usage.

FISCAL IMPACT: Additional revenues associated with this action are reflected in the Proposed Budget for FY 2022-23.

ATTACHMENTS: Resolution
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Adopt the resolution authorizing sewer service charges for FY 2022-23 effective July 1, 2022.
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Agenda Staff Report - Hillsborough City Council
May 09, 2022

Page 2 ends

Hillsborough City CouncilMay 9, 2022

Hillsborough City Council
May 9, 2022