Agenda — Hillsborough City Council, November 28, 2022

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

A G E N D A
MONDAY, NOVEMBER 28, 2022
4:15 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/87889712505?pwd=MENWalZaUFlwUERMLzBhTlBlQnFUZz09 • Dial-in via phone:
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Meeting ID: 878 8971 2505
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To provide Public Comment via Zoom Video Conference:

Live verbal public comments may be made by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the consent calendar being heard, or prior to the close of the public comment period for agenda items or non-agenda items. In response, the Town will unmute the speaker and allow them to speak up to three minutes.

CLOSED SESSION (4:15 pm)

CALL TO ORDER
Agenda – Hillsborough City Council
Monday, November 28, 2022

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ROLL CALL

PUBLIC COMMENT
Members of the public may provide public comments on any item on the Closed Session agenda. 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 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 LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: Glenn Berkheimer and Kristin Armbruster Employee Organization: Hillsborough Police Officers Association B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Section 54956.9(d)(2) of the California Government Code: Six potential cases (see claim documents in agenda packet) REGULAR CITY COUNCIL MEETING (6:00 pm)
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. PRESENTATIONS
• FIREWISE PRESENTATION BY DAVID WEINBERG
• PRESENTATION BY RENNE PUBLIC POLICY GROUP (RPPG)
VI. PUBLIC COMMENT I
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

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

Agenda – Hillsborough City Council
Monday, November 28, 2022

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

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

1. RESOLUTION APPOINTING TWO MEMBERS TO THE ARCHITECTURE AND

DESIGN REVIEW BOARD AND ONE MEMBER TO THE FINANCIAL ADVISORY COMMITTEE FOR TERMS JANUARY 1, 2023 THROUGH DECEMBER 31, 2025 AND

APPOINTING ONE MEMBER TO THE CITIZENS COMMUNICATION ADVISORY COMMITTEE FOR A PARTIAL TERM JANUARY 1, 2023 THROUGH DECEMBER 31, 2024 PURSUANT TO CEQA GUIDELINE 15378

2. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

3. RESOLUTION SUPPORTING THE MATCH COMMITMENT LETTER FOR THE

FEDERAL EMERGENCY MANAGEMENT BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES GRANT APPLICATION FOR THE 2022 HILLSBOROUGH

POTABLE WATER RESILIENCE VIA HIGHLINE SAFETY PIPELINE PROJECT PURSUANT TO CEQA GUIDELINE 15378
IX. PUBLIC HEARING

4. ADOPTION OF AN URGENCY ORDINANCE AMENDING CHAPTERS 15.02, 15.03,

15.04, 15.06, 15.07, 15.08, 15.10, 15.12, 15.16, 15.17, 15.19 AND 15.20 OF THE HILLSBOROUGH MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, CONSISTING OF THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 CALIFORNIA REFERENCED STANDARDS CODE, THE 2022 CALIFORNIA FIRE CODE, AND THE 2021 INTERNATIONAL FIRE CODE PURSUANT TO CEQA GUIDELINES 15061(B)(3) AND 15378
X. 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.

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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.

XI. 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.

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

XIII. ADJOURNMENT
SPECIAL ACCOMMODATIONS:

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

ADDRESSING THE CITY COUNCIL:

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

AUDIO / VISUAL ADVISORY:

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

AUDIO OR VIDEO RECORDINGS:

Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.
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Received 6/10/2022
Town of Hillsborough
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
1 CONSENT CALENDAR

CITY COUNCIL MEETING
NOVEMBER 28, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPOINTING TWO MEMBERS TO THE ARCHITECTURE AND

DESIGN REVIEW BOARD AND ONE MEMBER TO THE FINANCIAL ADVISORY COMMITTEE FOR TERMS JANUARY 1, 2023 THROUGH DECEMBER 31, 2025 AND APPOINTING ONE

MEMBER TO THE CITIZENS COMMUNICATION ADVISORY COMMITTEE FOR A PARTIAL TERM JANUARY 1, 2023 THROUGH DECEMBER 31, 2024, PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The Town has four Council-appointed boards and committees that serve in an advisory capacity to the City Council on a volunteer basis: the Administrative Hearing Panel, Architecture and Design Review Board, Citizens Communications Advisory Committee and Financial Advisory Committee. The term length is three years, with staggered terms expiring December 31 of each year. The City Council makes appointments annually to fill expiring terms to serve with an effective date of January 1. Per Policy 412 Committees and Boards, members may serve two consecutive full three-year terms. The policy also specifies that the City Council may reappoint members to serve additional terms if it is necessary, desirable or beneficial for the effective functioning of the committee or board.

The City Council may also appoint applicants to fill unexpected vacancies for partial terms as necessary throughout the year.

The Town conducted a recruitment for full or partial terms on the Architecture and Design Review Board, Citizens Communication Advisory Committee and Financial Advisory Committee beginning September 6, 2022 with an application deadline of 12:00 p.m. on October 14, 2022. Recruitment efforts included posting of the notice on Town bulletin boards and on the Town website, inclusion in the weekly e-announcements and posting on San Mateo and Burlingame Library bulletin boards.

Following the application deadline, the City Council Commissioner, City Manager, Department Head and/or staff liaison(s) conducted interviews of new applicants or check-in phone calls with incumbents and discussed recommendations for appointments.

The composition, number of openings and number of applications received for each board and committee are as follows:

Architecture and Design Review Board
Composition: Five members
Number of Terms: Two full terms
Applications received: Five
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Agenda Staff Report - Hillsborough City Council
November 28, 2022

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The Town recommends appointment of the following two applicants for terms January 1, 2023 through December 31, 2025:

Yuvi Gill (Incumbent)
Bee Hui Yeh
Citizens Communication Advisory Committee (CCAC)
Composition: Five members
Number of Openings: One partial term
Applications received: Three
The Town recommends appointment of the following applicant for a term January 1, 2023 through December 31, 2025:

An Huang Chen
Financial Advisory Committee (FAC)
Composition: Seven members
Number of Openings: One full term
Applications received: Two
The Town recommends appointment of the following applicant for a term January 1, 2023 through December 31, 2025:

Charles F. Adams (Incumbent)
All application materials are on file with the City Clerk's Office.

Following the close of the above recruitment process, a member of the Financial Advisory Committee resigned from the committee effective November 15, 2022. Staff has posted the required notice of unscheduled vacancy and recruitment flyer for that opening and Council will consider appointment at the December 12, 2022 City Council meeting.

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

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

ATTACHMENTS:

1. Resolution

2. Application Materials for Members to be Appointed
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Agenda Staff Report - Hillsborough City Council
November 28, 2022

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PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Adopt the resolution appointing two members to the Architecture & Design Review Board and one member to the Financial Advisory Committee for terms beginning January 1, 2023 through December 31, 2025 and appointing one member to the Citizens Communication Advisory Committee for a partial term November 29, 2022 through December 31, 2024, pursuant to CEQA Guideline 15378.
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RESOLUTION NO. 22-

RESOLUTION APPOINTING TWO MEMBERS TO THE ARCHITECTURE AND

DESIGN REVIEW BOARD AND ONE MEMBER TO THE FINANCIAL ADVISORY COMMITTEE FOR TERMS JANUARY 1, 2023 THROUGH DECEMBER 31, 2025,

AND APPOINTING ONE MEMBER TO THE CITIZENS COMMUNICATION ADVISORY COMMITTEE FOR A PARTIAL TERM JANUARY 1, 2023 THROUGH DECEMBER 31, 2024, PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, openings exist on the Architecture and Design Review Board and Financial Advisory Committee for terms expiring December 31, 2022 and on the Citizens Communication Advisory Committee for a term expiring December 31, 2024; and
WHEREAS, the Town publicized the openings on September 6, 2022 and accepted applications until 12:00 p.m. on Friday, October 14, 2022, and the City Council Commissioner, Department Head and staff liaison(s) conducted interviews of new applicants or check-in phone calls with incumbents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby appoints the following individuals to the Architecture and Design Review Board and Financial Advisory Committee for three-year terms beginning January 1, 2023 through December 31, 2025:

Name Board/Committee
Bee Hui Yeh Architecture and Design Review Board
Yuvi Gill Architecture and Design Review Board
Charles F. Adams Financial Advisory Committee
BE IT FURTHER RESOLVED that the City Council of the Town of Hillsborough hereby appoints the following individual to the Citizens Communication Advisory Committee for a partial term January 1, 2023 through December 31, 2024:

Name Committee
An Huang Chen Citizens Communication Advisory Committee 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 28th day of November 2022, by the following vote of the members thereof:

AYES: Councilmembers _____________________
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ATTACHMENT 1
2 NOES: Councilmembers ___
ABSENT: Councilmembers ____
ABSTAIN: Councilmembers __
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1 Lisa Natusch
From: Yuvi Gill
Sent: Thursday, October 13, 2022 6:58 PM
To: Lisa Natusch
Cc: Sarah Fleming; Linda Roberson
Subject: Letter of Interest
Attachments: Board Application.pdf; Yuvi Gill-Board (1).docx Dear Lisa
Please find my resume and application to continue with the opportunity to serve on the Architecture Design & Review Board. While my CV focuses more on my career journey so far, I feel it would be helpful to share what I continue to bring to the board.

I grew up in India but have travelled & lived in different parts of the world. My travels allowed me to appreciate the diversity in architecture across continents & countries. Further I understood how architecture compliments the surrounding terrain & vice versa and so is not always as easily transferable. This same concept has allowed me to appreciate the diversity between various Hillsborough sub‐divisions & neighborhoods. While a 6000 sqft modern house might look great on Vista Rd, it might not fit in around the singles story ranchers on Barbara Rd. This knowledge of complementary design styles is something that I have brought and will continue to bring to the ADRB.

Personally I am inspired by the simple clean style of Scandanavian architecture but appreciate the different architectural styles as well as their backgrounds, whether it be a Minka or a Chateau. As residents look to remodel homes and change architectural styles, I have been able to share some layman perspectives around it on various ADRB meetings and it is something that I enjoy.

As you might be aware, I have personally gone through the ADRB process and truly understand the value it brings in not just retaining our towns beauty but also helping residents maximise their investments through thought partners on the ADRB. The one biggest learning for me was that residents end up spending a considerable amount with their architects on designs & revisions through the reviews. In my time on the ADRB, I have tried to make the reviews as constructive as possible so that residents are clear on what changes make their designs support the town's architectural guidelines as well as their neighborhoods.

Even after the meetings, I have often reached out to staff to share recommendations with the applicants based on the design they are trying to pursue. This has been through giving them examples of previous constructions that have been approved by the town and help the applicants visually see and understand the feedback that the board has provided.

I have also shared constructive feedback with the town staff after we have had a few passionate and emotional ADRB meetings around having a set standard for ADRB members. I strongly believe that we are here to serve the town residents and should leave all our personal biases behind when we show up for the ADRB meetings.

I would end by saying that I am excited at the possibility of being able to continue to serve the town in a way that energizes me while I give back to the community.

Regards
Yuvi
P.S. May I request an acknowledgement of receipt.
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ATTACHMENT 2
10/5/2021

TOWN OF HILLSBOROUGH
COMMITTEES AND BOARDS APPLICATION – INCUMBENT REQUEST

FOR REAPPOINTMENT

REQUIREMENTS
All Board/Committees: Resident of Hillsborough
Architecture and Design Review Board: 1) Registered voter of the Town of Hillsborough (per the Hillsborough Municipal Code), and 2) Required to continue to file a Statement of Economic Interests (California Fair Political Practices Commission Form 700) with the City Clerk.

Administrative Hearing Panel: 1) Persons who own property “directly or indirectly,” and 2) Required to continue to file a Statement of Economic Interests (California Fair Political Practices Commission Form 700) with the City Clerk.

Financial Advisory Committee: Required to continue to file a Statement of Economic Interests (California Fair Political Practices Commission Form 700) with the City Clerk.

If reappointed, must attend any required training.

BACKGROUND INFORMATION
Name: _________________________________________ Home Phone: ____________________________ Address: ____________________________ Cell Phone: _ _______________ Email: _________________________ Work Phone: ____________________________ Hillsborough resident since: __________________
For ADRB: Registered voter of Hillsborough: Yes No
For Administrative Hearing Panel: Own property in Hillsborough “directly or indirectly”: Yes No Request to be reappointed to: Administrative Hearing Panel ADRB Citizens Communication Advisory Committee Financial Advisory Committee QUALIFICATIONS (please attach additional pages as necessary)

1. I want to continue to serve on this committee/board because:

2. List any new information (business, education, community involvement) which might be useful in considering your reappointment.

3. Attach a letter of interest and current resume.

Please submit this application, letter of interest and current resume to the City Clerk’s Office:
1600 Floribunda Avenue, Hillsborough, CA 94010 / 650-375-7421 / [email protected] Please note this application becomes a public record once submitted.

I hereby certify that all statements made in this application are true and I authorize investigation of all matters contained in the application. I acknowledge that any false statements or misrepresentation on this application will be cause for refusal of placement or immediate dismissal at any time during the period of my placement. _____________________________________________________ _________________________________ Signature Date
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Yuvi Gill
Hillsborough CA ;
Results oriented Biotech executive with a broad spectrum of commercial/ access expertise, passionate about transformative impact on organizations and a history of excelling in a multitude of roles.

Summary of Competencies
Population Health - Managed Care & Access - Commercial Go-to-market capability Patient & data driven initiatives - Organizational transformations - Adaptive leadership Professional Experience
Vice President & Head, Population Health (Global Product Strategy) Roche/ Genentech 04/2021 - Present ● Leading an organization (across San Francisco & Basel) responsible for identifying Population Health segments and creating Go-to-market strategies for those segments across the Roche portfolio. ● Identifying global partners and customers to enable successful market penetration in the non-traditional healthcare segments.
● Creating solutions to remove access barriers and enabling greater utilization of Roche therapies.

Head, Access Insights - Global Access Roche/ Genentech 08/2018 – 04/2021 ● Led a team of epidemiologists to create forecasts & estimates for pipeline molecules under early/ late stage development as well doing the epidemiological/ commercial due diligence for partnering molecules. ● Drove adoption of integrated solutions and strategies across various markets to support the uptake of Roche’s Core and Established portfolio. Solutions and strategies spanned from Pricing & financing solutions, implementation of digital solutions, enhancing capacity in health systems as well using clinical trial programs to increase uptake of therapies.
● Drove Roche’s successful position with ESG investors through meaningful engagement with Access to Medicines Foundation (from 19 th to 9 th position) and retaining the top 3 ranking for Dow Jones Sustainability Index (Access).
● Launched the Roche COVID-19 platform to help contextualize the rate and impact of the pandemic across the globe. This enabled Roche affiliates (Canada, Spain, Ireland, Colombia, Mexico, Ukraine, Algeria, India, and Peru) to engage with local governments and health system partners. ● Invited by Google Health as a thought leader to talk about Global system challenges and trends in the post-COVID world.

Director, Strategic Pricing & Contract Management Genentech 07/2016 – 08/2018 ● Built a Portfolio enabling organization across Access Analytics, Technology Strategy & Operational Excellence to establish a Managed Care Pricing & Contracting COE for Genentech. ● Maximized commercial value of the entire portfolio by analyzing and structuring tiered rebate & discount programs for wholesalers/ distributors & channel partners. ● Successfully completed POC using BOTS and advanced analytics to identify revenue leakage in Genentech’s 3Bn 340B program. In conjunction with Government Affairs, identified opportunities to influence FDA/ HRSA & BIO to use this robotics automation as a standard. ● Led the implementation of Genentech’s Commercial Big Data platform. -18-
Associate Director, Access Solutions (F&BA, Analytics & Compliance) Genentech 12/2014 – 07/2016 ● Built a portfolio organization across three verticals to develop and execute on strategies focused on growing and evolving the Access & Reimbursement business for Genentech. ● Launched the Genentech Access Compliance office and implemented a compliance roadmap. Evaluated compliance risks across Legal (anti-kickback), HIPAA (Privacy), Product safety (Complaints & Adverse events) and implemented a risk management & mitigation process for addressing findings across FDA & MHRA regulations.
● Awarded the Commercial Leadership award for exemplifying values core to Genentech within 3 years of joining Genentech.

Group Manager, Access Solutions (Operational Excellence) Genentech 04/2012 – 12/2014 ● Structured Genentech Access Solutions operations to ensure that the program was rated as the number one customer service provider in all tiers.
● Implemented an Operational Excellence Roadmap resulting in:
- 17.4% cost reduction yielding $ 12.2M savings in 2012. - 15.8% cost reduction yielding $ 11.7M savings in 2013. ● Designed the Genentech Access to Care foundation operations resulting in faster services to patients as well as improving the program’s efficiency by over 20%.
● Awarded the Managed Care Spotlight award for excellence in all spheres within 8 months of joining Genentech.

Project Manager, Supply Chain Processes United Airlines 11/2009 – 04/2012 UC Berkeley Associate Sony Corp (Gracenote) 01/2009 – 04/2009 Lieutenant Commander Indian Navy 01/1996 – 08/2007
Development
Roche Leadership Programs Explorations, Odyssey
Innovation & Entrepreneurship Stanford- Undergoing
International Project Management Program (Awarded Highest GPA) UC Berkeley- 2009 Business Management IIM Indore - 2008
Master of Science (Summa cum Laude) Cochin University - 2006 Bachelor of Science (1
st Division) Naval Academy - 1998
Development
Board Member Town of Hillsborough (Design & Review)
Advisor - GTM Strategy Stealth Health AI Startup (Based in Silicon Valley) -19-
October 13, 2022
Dear Ms. Natusch, Mayor, and City Council of Hillsborough, It would be a joy and privilege to serve on the Town of Hillsborough’s Architecture & Design Review Board. I love building community and would appreciate the opportunity to instill a sense of confidence in Hillsborough’s residents through the work that we do to maintain the unique neighborhood feel, history, and beautiful aesthetic the Town has come to be cherished for.

Here’s what makes me a compelling candidate for the ADRB:

1. Over a decade dedicated to energy, sustainability, and climate action, informing my ability to understand and balance environmental concerns with aesthetic considerations

2. Built environment background with subject matter expertise on building infrastructure, LEED certification, energy efficiency retrofits, renewable energy development, and overall electrification for climate action

3. Community builder with experience leading non-profits, co-creating with community groups, and finding consensus for shared progress
You can learn more about my background here: www.beehuiyeh.com.

Thank you to the Town Staff and City Council for all you do to serve us! I’m eager to contribute to a Town I’ve called home for decades.

Keen to connect,
Bee Hui Yeh
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10/5/2021

TOWN OF HILLSBOROUGH

COMMITTEES AND BOARDS APPLICATION

REQUIREMENTS
● All Board/Committees: Resident of Hillsborough
● Architecture and Design Review Board: 1) Registered voter of the Town of Hillsborough (per the Hillsborough Municipal Code), and 2) Required to file a Statement of Economic Interests (California Fair Political Practices Commission Form 700) with the City Clerk if appointed.
● Administrative Hearing Panel: 1) Persons who own property “directly or indirectly,” and 2) Required to file a Statement of Economic Interests (California Fair Political Practices Commission Form 700) with the City Clerk if appointed.
● Financial Advisory Committee: Required to file a Statement of Economic Interests (California Fair Political Practices Commission Form 700) with the City Clerk if appointed. ● If appointed, must attend any required training.

Attendance at a committee or board meeting or review of a meeting agenda packet is encouraged before being considered for formal appointment.

BACKGROUND INFORMATION
Name: _________________________________________ Home Phone: ____________________________ Address: _____________________ Cell Phone: ______________ Email: ___________________ Work Phone: ____________________________ Hillsborough resident since: __________________
For ADRB: Registered voter of Hillsborough: Yes No
For Administrative Hearing Panel: Own property in Hillsborough “directly or indirectly”: Yes No Committee or Board interested in serving on: Administrative Hearing Panel ADRB Citizens Communication Advisory Committee Financial Advisory Committee QUALIFICATIONS (please attach additional sheets as necessary)

1. My qualifications for serving on the committee/board are as follows:

2. I want to serve on the committee/board because:

3. List any additional information (business, education, community involvement) which might be useful in considering your appointment.

4. Attach a letter of interest and current resume.

Bee Hui Yeh 1997
My studies at Harvard & UC Berkeley Haas School of Business provide me with a solid understanding of energy, sustainability, and business principles to understand a built environment, promote the orderly and harmonious development of the town, and enhance the desirability and historic quality of life in the town. In addition, I've built my career around implementing clean tech, renewable energy, and sustainability programs in cities around the world, always with strong community engagement, education, and workforce development programs that bolster my understanding of local government and how to affect positive change for constituents.

As a nearly lifetime resident of Hillsborough, I want to give back to the community that has given me so much. I've been working with the public sector for my whole career around the world, and now I would like to bring my skill sets to serve my own community.
*Climate Reality Leadership Corps: certified by Al Gore's non-profit to deliver community presentations that raise awareness and facilitate advocacy to address our climate crisis;
*The Bread Project: developed a social enterprise strategic plan and implemented earned income initiatives for formerly incarcerated people to receive food services training and workforce development; *Women's Initiative for Self-Empowerment: empowered female entrepreneurs to shape and start their businesses DocuSign Envelope ID: 25C3E92F-DB4B-486F-921D-D498A38771B6 -21-
10/5/2021
Please submit this application, letter of interest and current resume to the City Clerk’s Office:
1600 Floribunda Avenue, Hillsborough, CA 94010 / 650-375-7421 / [email protected] Please note this application becomes a public record once submitted.

I hereby certify that all statements made in this application are true and I authorize investigation of all matters contained in the application. I acknowledge that any false statements or misrepresentation on this application will be cause for refusal of placement or immediate dismissal at any time during the period of my placement. _____________________________________________________ _________________________________ Signature Date
DocuSign Envelope ID: 25C3E92F-DB4B-486F-921D-D498A38771B6 10/13/2022
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BEE HUI YEH
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EDUCATION
HARVARD UNIVERSITY 2016
▪ Dean’s List; Master of Liberal Arts, Sustainability & Environmental Management; Clean Tech Rural Dev’t Thesis UNIVERSITY OF CALIFORNIA, BERKELEY 2010
▪ Walter A. Haas School of Business, Bachelor of Science in Business Administration

SUSTAINABILITY & SOCIAL IMPACT
PROMOTED 4 TIMES IN 8 YEARS WITH INCREASING RESPONSIBILITY, LARGER TEAMS, GLOBAL REACH & IMPACT THE POWER OF WE: Founder and Principal – Bay Area, CA Current ▪ Lead strategic partnerships with key clients for climate impact, e.g. Terraformation, Time, Outdoor Industry ▪ Create innovative business models to accelerate native restoration, scalable carbon sequestration & innovation ENGIE:Director of Marketing & Strategy; EMEA Sustainability Exec – Paris, France 2017 - 2020 ▪ Partnered w/ C-suite & elected officials to define/deliver new large-scale sustainability programs ($15.4B savings) ▪ Developed successful net zero energy transition strategies, standards, policies, operations & benchmarks ▪ Architected sustainable social impact programs based on market feedback & platforms, e.g. TCFD,SASB, UNSDG ▪ Inspired global team (10 direct reports) to deliver offerings w/ triple bottom line impact, e.g. smart cities ▪ Crafted external company brand, mission, vision, positioning and thought leadership for $70B business OPTERRA ENERGY SERVICES (ACQUIRED BY ENGIE): Head of Market Strategy – Oakland, CA 2014 – 2016 ▪ Built $350M spin-off business via growth strategy, strategic partnerships, research & expanded solution portfolio ▪ Quarterbacked due diligence & Board presentations leading to successful sale of OpTerra start-up to ENGIE ▪ Created thought leadership for human-centric lighting product developmentincluded in $.5B DOE program ▪ Developed 5 market entry plans for clean tech/energy growth in education, water, CA, federal & SMB verticals ▪ Managed stakeholders to design/deliver roadmaps, and adopt circular economy practices across the business CHEVRON ENERGY SOLUTIONS: Sr. Analyst (2012-2014); Analyst (2012) – San Francisco, CA 2012 – 2014 ▪ Crafted & implemented streetlight buyback growth strategy/campaign pioneering $100M SoCal Edison market ▪ Tripled solar PV account revenue to $300M through Envision® education program offering creation in 2012 ▪ Managed 6-person team and trained in-house educators on workforce development and STEM programming CHEVRON CORP: Business Planning Analyst – San Ramon, CA 2010 – 2012 ▪ Developed transformative $2.7B 3-year IT Function & $737M 3-year ITCo. business plan to evolve to enterprise IT ▪ Produced and presented monthly executive deliverables for strategy, planning, budgeting & communications ▪ Partnered with international BU finance/tech managers on product usage, optimization & cost recovery models SUSTAINABILITY CLIENTS: Project Manager/Consultant – Bay Area, CA / Singapore 2007 - 2010 ▪ The Bread Project: Developed social enterprise strategic plan and implemented earned income initiatives ▪ Wells Fargo & Co. (Nelson Capital): Created positive screening methodology to build investment portfolio ▪ The Hershey Co.: Designed sustainable supply chain/procurement methods to reduce factories’ water footprint ▪ Hewlett Packard: Identified comprehensive Corporate Social Responsibility KPIs to measure programs’ success ▪ Deutsche Bank: Crafted entry strategy for 10 countries in Asia-Pacific & financial model for DWS Vietnam Fund

ACCOLADES
SMART 50 SMART CITIES: City of Pismo Beach Awardee for Urban Operations 2020 ▪ Most transformative Better Cities program for public safety, planning, emergency response and sustainability US DEPARTMENT OF EDUCATION: Green Ribbon Schools for Honowai Elementary Ka Hei Program 2018 ▪ Reduced environmental impact/utility costs, improved health & wellness, and provided sustainability education C40: Women4Climate Programme 2017
▪ Selected as mentor to inaugural class of Paris mentees to support the next generation of climate leaders OPTERRA: Communication & Collaboration Award 2016
▪ Awarded for leadership in microgrid development to power Verge Hawaii conference resulting in positive press CPUC INSTITUTE OF LOCAL GOVERNMENT: Beacon Award for City of Livermore 2013 ▪ Decarbonized city, trained 46 Ambassadors helping residents make changes & funnel savings to local economy CHEVRON: Lug a Mug Initiative 2010
▪ Introduced $3M annual corporate-wide cost savings via conservational & behavioral change initiative

SKILLS & INTERESTS
Digital: Salesforce, Marketo, Mailchimp, Constant Contact; Adobe; Google Suite, Microsoft Office, Prezi; R, Rhino Interests: Conversational French & Mandarin, social enterprises, dance communities, UN SDG Global Goals Jams -23-
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Charles F. Adams
Hillsborough, California 94010
October 5, 2022
Lisa Natusch
City Clerk
Town of Hillsborough
1600 Floribunda Avenue
Hillsborough, California 94010
Re: Application for Financial Advisor Committee
Dear Ms. Natusch:

I would like to express an interest in being reappointed as a member to the Financial Advisory Committee for the Town of Hillsborough. As indicated on the attached Resume, I have previously served on the FAC prior to serving as a member of the City Council for 13 years, and currently serve as Chair of the Committee. While on the Town Council, I served for many years as the liaison to the Financial Advisory Committee and regularly attended its meetings and participated in its review of the Town’s financial condition.

I have lived in Hillsborough with my family since 1987, and have an abiding interest in the financial well-being of the Town. It would be an honor to be reappointed to the Financial Advisory Committee at this time.

Very truly yours,
Charles F. Adams
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Charles F. Adams
Business Address: Home Address:

Jones Hall, A Professional Law Corp.
475 Sansome Street, Suite 1700 Hillsborough CA 94010
San Francisco CA 94111
415.391.5780

PROFESSIONAL EXPERIENCE
Orrick, Herrington & Sutcliffe (San Francisco)
Associate Attorney 1976-1978
Rutan & Tucker (San Francisco)
Associate Attorney 1978-1979
Jones Hall, A Professional Law Corporation (San Francisco) Partner 1979 - present
President 1997-2006; 2014-2020
Member, California State Bar
Member, National Association of Bond Lawyers

EDUCATION
Yale University (B.A. 1973)
graduated magna cum laude
University of Michigan (J.D. 1976)
Graduated 2nd in class, summa cum laude
honors: Associate Editor of Law Review, Order of the Coif, American Jurisprudence Award

COMMUNITY SERVICE
Member, Hillsborough Financial Advisory Committee
1989-1991
Member, Hillsborough Town Council
1991 – 2004
Mayor, Town of Hillsborough
1998-2000
Member, City/County Association of Governments, San Mateo County, California 1998-2000
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Member, Hillsborough Beautification Foundation
2008-2014

PERSONAL
Family: Married for 43 years, with two sons age 37 and 39.

Hobbies: Swimming, hiking, woodworking, American history, gardening, tropical butterfly collecting, beer-making, foreign travel

STATEMENT OF QUALIFICATIONS
My entire professional career has been devoted to the practice of municipal bond law, including the management of a law firm whose practice is solely dedicated to serving as bond counsel and disclosure counsel to cities, counties, school districts, special districts and other public agencies in the State of California.

Because my professional career has been devoted to the practice of municipal bond law, I routinely review financial statements of public agencies. I am familiar with the general principles of governmental accounting and have extensive experience reviewing financial reports from cities and other public agencies.

Because of my prior experience on the Town Council and as a member of the Financial Advisory Committee, I am familiar with the financial affairs of the Town and will fully up to speed on day one.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
2 CONSENT CALENDAR

CITY COUNCIL MEETING
NOVEMBER 28, 2022

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

EXECUTE AN AGREEMENT WITH CARTEGRAPH FOR PROFESSIONAL SERVICES TO PROVIDE THE TOWN’S NEW COMPUTERIZED ASSET MANAGEMENT SYSTEM FOR THE PUBLIC WORKS DEPARTMENT IN THE AMOUNT OF $151,566.25 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The Town of Hillsborough ("Town") Public Works Department is responsible for maintaining a variety of assets, including water lines, fire hydrants, wastewater distribution network, stormwater infrastructure, facilities, and Town vehicles. A computerized asset management system (CMMS) provides a comprehensive way to monitor and maintain these assets, including tracking work orders and scheduling maintenance. A replacement CMMS system was part of the previous fiscal year budget, and was identified as Priority 2I in the City Council Goal setting priority list.

The Town is looking to replace its current CMMS system, Lucity, with a newer alternative. Lucity has not been updating its product, and Public Works should transition to a newer platform to improve efficiency, and to migrate our data should Lucity discontinue services. Transitioning to a new CMMS will allow us to procure an updated service to better manage the Town’s assets, work orders, and inventory. The new system will provide greater management of the Town asset data, increased versatility in creating and handling work orders, more robust reporting options, and will include inventory tracking, a feature that will benefit the Town and the Department of Public Works in its operations. Reports are essential in documenting work. Submitting information to other agencies in a timely fashion reduces claims and fines.

Staff developed a Request for Proposal (RFP) for a new CMMS solution and advertised it through the Town website. After a detailed review of the six proposals received, staff invited the top two firms for an interview based on criteria identified in the RFP, proposal detail and quality, and their demonstrated ability to provide CMMS services to other comparable municipalities. Staff interviewed both firms and after careful evaluation, staff identified Cartegraph as the preferred firm to provide the requested services based on their past project experience, technical methodology and approach, and client-oriented approach. Staff anticipates that the transition to this new service provider should not be too cumbersome as the new vendor will be taking over existing data in a compatible format and migrating it into their new system.

FISCAL IMPACT: Staff carefully reviewed Cartegraph’s fee proposal and determined that the cost and level of effort is reasonable. The transition to a new CMMS will benefit the entire Public Works Department. It is recommended that funding be allocated from the General Government fund -33-
Agenda Staff Report - Hillsborough City Council
November 28, 2022

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under GL Code 60120000-6047 for a total allocation of $ 151,566.25 for Year 1. Year 2 ($35,349.56), and Year 3 ($37,177.06) are for ongoing software renewal and maintenance.

ENVIRONMENTAL ISSUES: The action to approve the agreement is more akin to an administrative or maintenance activity involving the purchase of necessary equipment to run the Town and is therefore not a project pursuant to the California Environmental Quality Act Guideline 15378(b)(2).

ATTACHMENTS:

1. Resolution

2. Agreement
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement with Cartegraph for professional services to provide the Town’s new Computerized Asset Management System in the amount of $151,566.25 pursuant to CEQA Guideline 15378.
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RESOLUTION NO. 22-

RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH CARTEGRAPH FOR PROFESSIONAL
SERVICES TO PROVIDE THE TOWN’S NEW COMPUTERIZED ASSET

MANAGEMENT SYSTEM FOR THE PUBLIC WORKS DEPARTMENT IN THE AMOUNT OF $151,566.25 PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, The Town of Hillsborough (“Town”) maintains utilities and assets using a Computerized Asset Management System (CMMS); and
WHEREAS, the Town desires to replace the existing CMMS system with a different CMMS system that provides better asset management; and
WHEREAS, a Request for Proposal for these services was publicly advertised; and WHEREAS, the staff received six proposals and determined that Cartegraph presented the most qualified individuals to implement a new CMMS; and WHEREAS, funding for these services will be allocated from the General Government Fund under GL Code 60120000-6047 in the amount of $151,566.25.

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 Cartegraph for professional services for the new Computerized Asset Management System in a not-to-exceed amount of $151,566.25.

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 28th day of November 2022 by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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ATTACHMENT 1
Town of Hillsborough, CA
Cartegraph Solutions
Master Agreement
Master Agreement: MA-22-06105
Date Prepared: 11/9/2022
Date of Expiration: 4/17/2023
For any questions or assistance, please contact:

Dalton Gilbert
Sales Business Development Manager
Phone: (800) 688-2656
Mobile: +1 9096302408
Email: [email protected]
Cartegraph Systems LLC
3600 Digital Drive
Dubuque, IA 52003-8962
http://www.cartegraph.com
Toll Free: (800) 688-2656
Phone: (563) 556-8120
Fax: (563) 556-8149

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ATTACHMENT 2
Master Agreement
Cartegraph Systems LLC is pleased to present this Master Agreement for its world-class technology solutions.

This Master Agreement is made and entered into between Town of Hillsborough, CA (hereinafter referred to as "Town of Hillsborough, CA", or "Customer") and Cartegraph Systems LLC (hereinafter referred to as "Cartegraph"), each referred to as a "Party" or collectively as the "Parties" and is effective when fully executed by both Parties ("Effective Date").

This Master Agreement 1) will exclusively govern Customer's access to and use of Solution Subscriptions and/or Solution Services; 2) is the complete and sole understanding and agreement between Parties, and supersedes any oral or written proposal, agreement, or other communication between the Parties; 3) may only be modified or amended in writing as permitted herein; 4) is governed by the terms and conditions of the Cartegraph Solutions Agreement (Addendum A), unless (i) otherwise set forth herein, or (ii) there is an applicable written Customer Agreement executed by the Parties that directly references this Master Agreement, for the Solutions referenced in this Master Agreement. Any inconsistency between the documents shall be resolved by giving precedence to 1) a Customer Agreement (ADDENDUM F), 2) this Master Agreement, and 3) the Cartegraph Solutions Agreement.

The term of this Master Agreement shall begin on the Effective Date and continue until it is terminated as permitted herein. The duration of time specified in the Investment Summary of this Master Agreement shall be the "Initial Term." Subsequently executed Sales Orders under this Agreement may add additional Solution Subscriptions and/or Solution Services to the Initial Term as well as renew the Solution Subscriptions and/or Solution Services for successive periods, each a "Renewal Term."

BY EXECUTING OR REFERENCING THIS MASTER AGREEMENT, THE PARTIES ACKNOWLEDGE THAT THEY HAVE REVIEWED THE TERMS AND CONDITIONS SET FORTH HEREIN AND ANY EXHIBITS, AND THE PARTIES AGREE TO BE LEGALLY BOUND BY SUCH AGREEMENT.

CUSTOMER ADDRESS: LICENSEE ADDRESS:

Town of Hillsborough, CA
1600 Floribunda Ave
Hillsborough, California
94010
Town of Hillsborough, CA
1600 Floribunda Ave
Hillsborough, California
94010
The following Addendums are attached to this Master Agreement and are incorporated by reference:

ADDENDUM A - SOLUTIONS AGREEMENT can be found at www.cartegraph.com/solutions-agreement ADDENDUM B - Not Used

ADDENDUM C - SOLUTIONS SUPPORT
ADDENDUM D - Not Used

ADDENDUM E - CARTEGRAPH OMS EDITIONS

ADDENDUM F - TOWN OF HILLSBOROUGH SOFTWARE AND PROFESSIONAL SERVICES AGREEMENT,

INCLUDING EXHIBIT A-STATEMENT OF WORK AND EXHIBIT C-VALUES STATEMENT

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Investment Summary
The following represents the requested Solution Subscriptions and/or Solution Services along with their related durations (Terms).

Term 01 - 1/1/2023 - 12/31/2023 - Services
No. Product Code Quantity Price
1 Implementation Services CGPFSV 1 USD 109,500.00
2 Expense Reimbursement LCG038 1 USD 8,400.00
Term 01 - 1/1/2023 - 12/31/2023 - Services TOTAL: USD 117,900.00 Term 01 - 1/1/2023 - 12/31/2023 -
Subscription
No. Product Code Quantity Price
1 OMS Plus OMSPLS 1 USD 4,005.25
2 Asset Builder (option) OMSABD 1 USD 216.50
3 Facilities Domain DOM001 1 USD 1,299.00
4 Parks & Recreation Domain DOM004 1 USD 541.25
5 Stormwater Domain DOM007 1 USD 1,299.00
6 Transportation Domain DOM008 1 USD 974.25
7 Wastewater Treatment Plant Domain DOM012 1 USD 1,299.00 8 Water Distribution Domain DOM010 1 USD 1,299.00
9 OMS User OMSUSR 45 USD 15,000.00
10 811 Integration 811NORINT 1 USD 2,500.00
11 Advanced Material Management (option) OMSAMM 1 USD 433.00 12 Systems Integration Support
Gasboy
SYITSU 1 USD 800.00
13 Systems Integration Support
CCTV
SYITSU 1 USD 2,000.00
14 Systems Integration Support
SCADA
SYITSU 1 USD 2,000.00
Term 01 - 1/1/2023 - 12/31/2023 - Subscription TOTAL: USD 33,666.25 Term 02 - 1/1/2024 - 12/31/2024 -
Subscription
No. Product Code Quantity Price
1 OMS Plus OMSPLS 1 USD 4,205.51
2 Asset Builder (option) OMSABD 1 USD 227.33
3 Facilities Domain DOM001 1 USD 1,363.95
4 Parks & Recreation Domain DOM004 1 USD 568.31

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No. Product Code Quantity Price
5 Stormwater Domain DOM007 1 USD 1,363.95
6 Transportation Domain DOM008 1 USD 1,022.96
7 Wastewater Treatment Plant Domain DOM012 1 USD 1,363.95 8 Water Distribution Domain DOM010 1 USD 1,363.95
9 OMS User OMSUSR 45 USD 15,750.00
10 811 Integration 811NORINT 1 USD 2,625.00
11 Advanced Material Management (option) OMSAMM 1 USD 454.65 12 Systems Integration Support
Gasboy
SYITSU 1 USD 840.00
13 Systems Integration Support
CCTV
SYITSU 1 USD 2,100.00
14 Systems Integration Support
SCADA
SYITSU 1 USD 2,100.00
Term 02 - 1/1/2024 - 12/31/2024 - Subscription TOTAL: USD 35,349.56 Term 03 - 1/1/2025 - 12/31/2025 -
Subscription
No. Product Code Quantity Price
1 OMS Plus OMSPLS 1 USD 4,415.79
2 Asset Builder (option) OMSABD 1 USD 238.70
3 Facilities Domain DOM001 1 USD 1,432.15
4 Parks & Recreation Domain DOM004 1 USD 596.73
5 Stormwater Domain DOM007 1 USD 1,432.15
6 Transportation Domain DOM008 1 USD 1,074.11
7 Wastewater Treatment Plant Domain DOM012 1 USD 1,432.15 8 Water Distribution Domain DOM010 1 USD 1,432.15
9 OMS User OMSUSR 45 USD 16,537.50
10 811 Integration 811NORINT 1 USD 2,756.25
11 Advanced Material Management (option) OMSAMM 1 USD 477.38 12 Systems Integration Support
Gasboy
SYITSU 1 USD 882.00
13 Systems Integration Support
CCTV
SYITSU 1 USD 2,205.00
14 Systems Integration Support
SCADA
SYITSU 1 USD 2,205.00
Term 03 - 1/1/2025 - 12/31/2025 - Subscription TOTAL: USD 37,117.06 Summary By Term - Includes Services & Subscriptions
_____________________________________________________________________________________________________________________________ Total Term 1 USD 151,566.25
Total Term 2 USD 35,349.56

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Total Term 3 USD 37,117.06

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Investment Notes:
• Any Customer Purchase Order, Contract, and/or Agreement must reference Cartegraph Master Agreement: MA-22-06105.
• Purchasing the Solutions presented herein through any alternative procurement method will require a revised price proposal which may include an associated price adjustment. • Prices may include discounts, concessions, or incentives that are only applicable to this transaction and should not be assumed for future purchases.
• Prices do not include any taxes that may apply at the time of invoicing. If applicable, any such taxes are the responsibility of Customer and will appear on the respective invoice. • Prices do not include any applicable Esri ArcGIS licenses. • Prices are in U.S. Dollars ($USD).
• Prices for the Initial Term are valid only if this Master Agreement is executed by 4/17/2023. • The preprinted terms of a purchase order or any other similar document will not apply to or modify this Master Agreement or any other mutually agreed upon autorenewal thereof.

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Payment
In consideration for the Solutions provided by Cartegraph to Customer, Customer agrees to pay Cartegraph the Fees as described below:

DELIVERY
Upon execution of this Master Agreement, Cartegraph will provide the Solution Subscriptions and/or Solution Services as detailed in the Investment Summary.

SOLUTION SERVICES SCHEDULING
Solution Services will be scheduled and delivered upon your acceptance of this Master Agreement, which will be considered your notification for Cartegraph to proceed. Customer agrees to work with Cartegraph to schedule Services in a timely manner. All undelivered Services shall expire 365 days from the signing of this Master Agreement unless indicated differently in the Investment Notes.

SOLUTION SUBSCRIPTION INVOICING
Customer shall be provided with the ability to access and use the Solution Subscriptions upon execution of this Master Agreement. The payment for the initial term is due upon execution of the Master Agreement.

Payment for any subsequent renewal terms will be due in annual installments as specified herein and prior to the anniversary of the initial term in the amount(s) that follow:
• Term 1: $33,666.25
• Term 2: $35,349.56
• Term 3: $37,117.06

SOLUTION SERVICES INVOICING
Upon acceptance of this Master Agreement, invoicing for the Solution Services shall occur as follows:
• 25% upon execution of this Agreement.
• 25% at the completion of the assessment/delivery, or 3 months from execution of this Agreement, whichever is sooner.
• 25% at the completion of the test deployment, or 4 months from execution of this Agreement, whichever is sooner.
• 25% at the completion of production deployment, or 6 months from execution of this Agreement, whichever is sooner.

EXPENSES
In providing the Solution Services included herein, Cartegraph shall be reimbursed for any reasonable out-ofpocket costs, including, but not limited to, travel, lodging, and meals. Out-of-pocket expenses are billed based on actual costs as incurred and are due separately.

PAYMENT
• All payments are due Net 30 days from date of invoice. • All payments are to be in U.S. Dollars ($USD).
• For customers within the United States, any applicable taxes required at the time of invoice will be determined based on the laws and regulations of the taxing authority(s) governing the "Customer Address" identified herein.

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Acceptance
BY SIGNING BELOW, EACH PARTY AGREES THAT 1) ITS SIGNATORY HAS THE AUTHORITY TO BIND THEIR PARTY TO THIS OBLIGATION, AND 2) THAT ALL USE AND ACCESS TO THE SOLUTION SUBSCRIPTION AND/OR SOLUTION SERVICES DESCRIBED HEREIN SHALL BE GOVERNED BY THE

TERMS AND CONDITIONS IN THE FOLLOWING ORDER OF PRECEDENCE A) A CUSTOMER

AGREEMENT (ADDENDUM F), B) THIS MASTER AGREEMENT AND ALL AGREEMENTS AND

ADDENDUMS SPECIFICALLY REFERENCED HEREIN, AND C) THE CARTEGRAPH SOLUTIONS AGREEMENT.

Cartegraph Systems LLC:

By: (Signature)
(Print Name)
Title:

Date:

Town of Hillsborough, CA:

By:
(Signature)
(Print Name)
Title:

Date:

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ADDENDUM C
Solutions Support
As part of the annual Solution Subscription fee identified in the above Investment Summary, Customer will receive the following support for the duration of the paid subscription Term.

TECHNICAL SUPPORT

1. Campus – www.cartegraph.com/campus
Our User Assistance area is a convenient and easily shareable resource designed to help you and your co-workers better understand the functions and capabilities of your Cartegraph Solutions.

Instantly access user tips, step-by- step guides, videos, and more.

2. Dedicated, Unlimited, Toll-free Phone Support - 877.647.3050 and Live Chat When questions need answers and difficulties arise, count on our industry- leading Support team to provide the guidance and assistance you need. Live Chat is available within the product or through Campus. Reach us as often as you need Monday-Friday, 7:00 am-7:00 pm CT.

3. Secure, Live Remote Support
If your challenge requires a more hands-on approach, we have the remote support tools to fix it. Let one of our Support Team members directly interact with your system to find a fast, effective solution.

TRAINING & EDUCATION SUPPORT

1. Convenient Online Resources
All the information you need, one click away. Take advantage of online training opportunities, tutorial videos, upcoming event information, and more.

2. Customer Led User Groups
Meet and network with similar Cartegraph users in your region. Customer led User Groups allow you to find out what other organizations are doing to get more from their Cartegraph solutions and services.

RELEASES & UPGRADES

1. New Releases
Be the first to know about all new Cartegraph releases, enhancements, and upgrades. Cartegraph is continuously innovating and enhancing the Cartegraph OMS collection of products and as a customer with an active subscription, you will receive each new release of the software.

1. Your cloud-hosted site will be automatically upgraded by our System Consultants after the release is available. This way, you'll experience increased system performance while gaining timely access to the latest features and functionality.

2. For your on-Premises Installation, our Technical Consultants will work with your organization's IT staff to receive the latest software release in a timely manner. This way, you'll experience increased system performance while gaining prompt access to the latest features and functionality

2. Service Packs
A Service Pack consists of lower-severity bug fixes and/or small platform updates.

1. If required, cloud-hosted sites will receive Service Packs as needed. These Service Packs are installed by the Cartegraph System Consultants.

2. On-premises customers that contacted Cartegraph Technical Support about an issue that is resolved with the Service Pack, will be provided the service pack for installation. These onPage 9 of 34 -44-
premises customers can then schedule a time to install the Service Pack with our Technical Support team

3. Hot Fixes
If an issue is determined to be a defect and falls outside the standard release cycle, Cartegraph will issue a hot fix and provide application specialists with detailed levels of product knowledge to work with you in achieving a timely and effective resolution.

Cartegraph will provide the Support Services only to Customer, provided that Cartegraph reserves the right to contact any third party as necessary to facilitate the delivery of Support Services or other services relating to the Solutions. Said support applies only to the most current version of the product and the previous version in succession.

All Support Services are dependent upon the use by Customer of the Solutions in accordance with Cartegraph's documentation and specifications. Cartegraph is under no obligation to modify the Solutions so that the modified Solutions would depart from Cartegraph's published documentation and specifications for such Solutions.

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ADDENDUM E
Cartegraph OMS Editions
Cartegraph OMS supports customers in the operation, maintenance, and management of the following asset domains. By employing these features as applicable, customers can effectively manage and report on the assets that they care about. Indicated below are the capabilities and options available for each OMS Edition at the time this document was prepared, which are subject to change.

Essentials Pro Plus Premium
Dashboard / Home Screen Included Included Included Included User Management
Included Included Included Included
Role Management Included Included Included
Esri GIS Integration
Included Included Included Included
Report Viewer
Included Included Included Included
Library Management Included Included Included Included
Standard KPI / ROI gadgets Included Included Included Included Esri Identity-Ready Included Included Included Included Structure Manager
Included Included Included
Layout Manager
Included Included Included
Import / Export
Included Included Included
Record Filter Administration Included Included Included Container / Component
Included Included Included Included
Embedded Maps Included Included Included Included
Report Designer
Included Included Included
Integration Toolkit Option Option Included
Cartegraph for Zapier Option Option Included Included
Automation Manager
Included Included
Notification Manager Included Included Included
Routing – Esri Identity Required Included Included Included Included Geocode Options- Esri Identity Required Included Included Included Included Work
Task Management Included Included Included Included

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Work Orders Included Included
Task Calendar Included Included Included Included
Scenario Builder Option Included
Request
Request Management
Required w/ SeeClickFix Included Included Included
SeeClickFix Option Option Option Option
Internal Requests Option Included Included
Resources
Resource Management (LEMV)
Included Included Included Included
Advanced Material Management
Option Included
Fleet Management
Option Included Included
Assets
Asset Inventory By Domain/Asset By Domain/Asset By Domain/Asset By Domain/Asset Container / Component Included Included Included Included Preventative Maintenance Plans
Included Included Included
Asset Condition Manager / Advanced
Inspections
Required w/ Fleet Mgmt. Included Included
Asset Builder
Option Option Included

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EXHIBIT “B”

TOWN OF HILLSBOROUGH SOFTWARE

AND PROFESSIONAL SERVICES

AGREEMENT

ASSET AND MAINTENANCE MANAGEMENT SYSTEM SOLUTION
This Agreement is made and entered into as of , 2022 by and between the Town of Hillsborough, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, CA 94010 (“Town”), and Cartegraph Systems, LLC, a limited liability company and wholly owned subsidiary of OpenGov, Inc., a Corporation with its principal place of business at 3600 Digital Drive, Dubuque, IA 52003 (hereinafter referred to as “Consultant”). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Town is a public agency of the State of California and is in need of professional services for the following project: Asset and Maintenance Management System Solution (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for Town to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the Town with the services described in the Statement of Work attached hereto as Exhibit A (“SOW”).

2. Compensation.

The fees for the Software Services for the Initial Term and any Renewal Term (“Software Services Fees”) and the fees for Professional Services (“Professional Services Fees”) are set forth in Exhibit “A”. Software Services Fees and Professional Services Fees shall hereafter be referred to as “Fees”.

Except to the extent otherwise expressly stated in Article 17a Termination or Abandonment of this Agreement or in the Master Agreement, (i) all obligations to pay Fees are non-cancelable and all payments are non-refundable, (ii) the Town must pay all Fees due under the Master Agreement and the associated Statement of Work within thirty (30) days after the Town receives each invoice (invoices are deemed received when Consultant emails them to the Town’s designated billing

ADDENDUM F

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contact); (iii) the Software Service Fee shall be due annually in advance, and (iv) the Town must make all payments without setoffs, withholdings or deductions of any kind Consultant will invoice the Town according to the Billing Frequency listed in the Master Agreement. The Town shall pay all invoices according to the Payment Terms listed in the Master Agreement.

3. Additional Work.

If changes in the work seem merited by Consultant or the Town, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the Town by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the Town and executed by both Parties before performance of such services, or the Town will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for three (3) years from the date of final payment under the contract for inspection by Town. In no event shall any audit occur: (1) more than one (1) time per calendar year, (2) no less than three (3) business days prior written notice or outside of Consultant’s normal business hours, and (3) on systems where such audit may, in Consultant’s sole reasonable discretion, violate its third-party confidentiality obligations.

5. Time of Performance.

Consultant shall perform Professional Services in a prompt and timely manner and shall commence performance upon receipt of written notice from the Town to proceed (“Notice to Proceed”). Consultant shall complete the Professional Services required hereunder in accordance with the Statement of Work. The Master Agreement shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations

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of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the Town, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

8. Standard of Care
Consultant’s Professional Services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Except in the event that an entity acquires all or substantially all of Consultant’s capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise, “Change of Control”, Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. Any subconsultants Consultant intends to utilize in the performance of this Agreement shall be listed in Exhibit “B.” Consultant shall provide written notice and shall obtain the written consent of the Town prior to using or substituting a non-listed subconsultant in the performance of this Agreement.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of Town. No employee or agent of Consultant shall become an employee of Town. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from Town as herein provided.

11. Insurance. Consultant shall not commence work for the Town until it has provided a Certificate of Insurance to the Town as detailed in this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided a Certificate of Insurance for the applicable requirements as detailed in this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability

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coverage (Occurrence Form CG 00 01) or an equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Policy
(6) Contractual Liability
(7) Broad Form Property Damage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give Town, its officials, officers, employees, and agents additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the equivalent coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, and provided that such deductibles shall not apply to the Town as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for non-owned and hired vehicles. (ii) The policy shall give Town, its officials, officers, employees, and agents additional insured status.
(iii) The automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

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(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof (or the equivalent statutory coverage for their home state , and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Technology Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Technology Errors and Omissions insurance appropriate to its profession, and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement (a combination of primary, excess and umbrella limits are acceptable to satisfy minimum policy limit requirements):

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 general aggregate for bodily injury, personal injury, and
property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (technology errors and omissions)
(ii) With the exception of Professional Liability (Technology Errors and Omissions), defense costs shall be payable in addition to the limits. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town

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evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the Town at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is canceled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the Town at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the Town or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least two years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is canceled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability (technology errors and omissions) coverage, shall contain or be endorsed to waiver of subrogation in favor of the Town, its officials, officers, employees, and agents or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law. h. Qualifying Insurers
(i) All policies required shall be issued by insurance companies, which satisfy the following minimum requirements:

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(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town may cancel this Agreement pursuant to Section 17a Termination or Abandonment.
(iii) Not used.
(iv) Neither the Town nor any of its officials, officers, employees, or agents shall be personally responsible for any liability arising under or by virtue of Consultant’s performance pursuant to this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence that they have secured all insurance applicable to their scope of work and as required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the equivalent coverage. If requested by Consultant, Town may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of TOWN’s choosing), indemnify and hold the TOWN, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to an uncured material breach of the Agreement due to the gross negligence, willful acts, or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the TOWN, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims

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that arise out of, pertain to, or relate to the uncured material breach of the Agreement due to the gross negligence or willful acts or misconduct of the Consultant in the performance of the Agreement, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the TOWN, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the TOWN and shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Town shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractor. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. Labor Compliance; Stop Orders. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant

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or any subcontractor that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Values Statement
By executing this Agreement, Consultant represents that it will comply with the values statement set forth in Exhibit “C” to the same extent as a member of the Town of Hillsborough City Council or of a Hillsborough board or committee.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Mateo, State of California. 17 Termination or Abandonment
a. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in the case of non-payment), the non-breaching party may terminate the contract. With respect to Software Services provided by the Consultant under the Contract, the in the event of a termination by the Town due to an uncured breach by Consultant, Consultant shall refund the pro rata share of the pre-paid fee for Software Services based on the remaining time left in the Term. With respect to Professional Services that may be provided by the Consultant pursuant to a Statement of Work, the Town will be responsible for payment of any portion of the Professional Services completed prior to termination of the Agreement.
18 Town Data. Except as otherwise provided in “Termination or Abandonment,” above, all Town Data provided for the Project shall, remain the property of the Town.

19. Not Used

20. Limitation of Agreement.

This Agreement is limited to and includes only the Software Services and Professional Services included in the Master Agreement.

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21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

TOWN:

Town of Hillsborough
1600 Floribunda Ave.

Hillsborough, CA 94010
Attn: _________________
CONSULTANT:

Cartegraph Systems, LLC
3600 Digital Drive
Dubuque, IA 52003
Attn: Andrew Dingman
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Town and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions.

Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of Town and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

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

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, except

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in the event of a Change of Control, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of Town. Any attempted assignment without such consent shall be invalid and void.

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

28. Not Used

29. Town’s Right to Employ Other Consultants
Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE TOWN OF HILLSBOROUGH

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

TOWN OF HILLSBOROUGH CARTEGRAPH SYSTEMS, LLC
By: By:

Ann E. Ritzma
City Manager Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney

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EXHIBIT A
Statement of Work
The Solutions Services listed in the Investment Summary of the Purchase Agreement are specific Cartegraph services which will be delivered to the Customer based on the descriptions below and are subject to the limitations and terms and conditions set for the in the Purchase Agreement, and its reverence Addendums. Cartegraph will coordinate with the Customer on service delivery expectations and timeframes.

Cartegraph OMS – Implementation Scope of Work
Implementation of the Operations Management System (OMS) includes the following professional services:

Setup
• Cartegraph will setup a hosted, sandbox and production OMS environment. • Cartegraph will provide an overview, up to two (2) hours, of Cartegraph and ArcGIS Online user-based logins and User/Role functionality.
• Cartegraph will provide a template file to be utilized by your staff to populate Roles and Users to be utilized for OMS.
• Cartegraph will utilize the template to create users and roles in OMS. (Note: Subsequent User and/or Role changes will be your administrator’s responsibility.)
• Cartegraph will provide documentation and guidance, up to four (4) hours, for your technical GIS staff to configure Esri Basemap Services for OMS integration. Guidance will be geared towards OMS/Esri integration functionality and requirements.
• Cartegraph will setup the OMS Platform, including the Request, Work, Resource, and Asset Management areas of the software. Asset Management solutions will be setup for all solutions referenced in the Assets section of the scope unless otherwise noted.

Consulting
• Cartegraph will provide three-day (3-day) onsite requirement gathering workshop to increase our understanding of your business and functional goals. Through workshops and interviews, Cartegraph will identify best fit scenarios for OMS and provide a brief including any challenges as well as recommendations for OMS best practices relevant to your implementation.

Configurations
• Cartegraph will provide configuration services, including:
o Up to five (5) custom fields and up to one (1) custom layout per asset type listed in the Assets section below
o Up to ten (10) custom fields and up to five (5) custom layouts to be utilized in any of the shared areas of the system, such as Tasks
o Up to five (5) automations
o Up to five (5) preventative maintenance plans
Training

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• Cartegraph will provide remote train-the-trainer training, up to four (4) hours, on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions.

Training topics include:
o Dashboards
o Standard KPI/ROI Gadgets
o Logins/Permission
o Layers
o Filters
o Maps
o Grids
o System Navigation
o Views (List & Detail)
o Standard Reports
o Attachments
o Requests, Work, Assets, Resources, Reports, and Administrator Tabs • Cartegraph will provide remote train-the-trainer training, up to two (2) hours, on OMS Esri integration functionality. Training topics include:
o OMS Esri integration configuration options
o Integration functionality (basemap and feature)
o Overall Esri integration requirements, considerations, and Cartegraph recommended best practices
• Cartegraph will provide a three-day (3-day) onsite "train-the-trainer" training event. The training agenda will be defined and agreed upon by both Cartegraph and your project manager. Topics may include any of the following:
o Request Management:
 Requests
 Requesters
 Task Creation from Requests
 Issue library (including settings such as Applies to Asset and Non-Location)  Cartegraph recommended best practices for Request and Requester Management o Work Management:
 Create Task(s) (Asset/Non-Asset)
 Assignments (Add, Edit, Remove)
 Task Menu Actions
 Related Work Items
 Create Work Order
 Associate Task to WO
 Repeat Work Orders
 Work Order Menu Actions
 Enter Resources
 Timesheets
 Activity library (including settings such as Applies to Asset, Inspection, Key Dates, Cost, and Productivity)
 Cartegraph recommended best practices for Work Management o Asset Management:
 Asset Details
 Preventative Maintenance Plans
 Inspections
 Linked assets (if applicable)
 Container/Component Relationships (if applicable)
 Cartegraph recommended best practices for Asset Management To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope.

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o Fleet Management:
 Preventative Maintenance
 Task Management
 Vehicle Replacement Ratings (VRR) Equipment Detail information  Fleet Reports
 Cartegraph recommended best practices for Fleet Management o Resource Management:
 Resource Details
 Labor/Equipment Rates
 Material Management (Stock, Usage, Adjustments)
 Vendor Price Quotes
 Cartegraph recommended best practices for Resource Management o Cartegraph Mobile:
 Overall system functionality (Navigation, Interface, Maps, Attachments, Sorting)  Work Management
• Create and Update Tasks (Asset/Non-Asset)
• Assign Tasks
• Enter Resources
• Inspections
 Asset Management
• Create and Update Assets
 Request Management
• View and Update Requests
• View Requester information
• Create Task from Request
 Cartegraph recommended best practices for mobile device use o Administrator:
 Administrator:
• User Administration, Role Administration, Asset Administration, Record Filter Administration, Import/Export, Scheduled Process Log, Error Log  Settings:
• System Settings, Map Administration, Geocode Settings, GIS Integration settings, Asset Color Manager
 Manager:
• Layout Manager, Library Manager, Preventative Maintenance, Asset Condition Manager, Notification Manager, Structure Manager, Automation Manager • Cartegraph will provide remote train-the-trainer training, up to six (6) hours, on OMS Reporting functionality.

Training topics include:
o Security/Roles
o Report Designer
 Report Types, Report Styling, Filtering\Parameters, Basic Formulas, Grouping/Sorting o Report Viewer
o Reporting best practices and solution tips/tricks.
• Cartegraph will provide remote train-the-trainer training, up to two (2) hours, on Internal Request functionality. Training topics include:
o Internal Requests
 Users
 Views
 Issue Library settings and management
o Cartegraph recommended best practices for advanced request management

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• Cartegraph will provide remote train-the-trainer training, up to twelve (12) hours, on Advanced Material Management functionality. Training topics include:
o Material Locations
o Material Transfers
o Material Orders
o Settings:
 Vendor Price Quotes
 Re-order points
o Cartegraph recommended best practices for advanced material management • Cartegraph will provide remote train-the-trainer training, up to four (4) hours, on Preventative Maintenance Plans functionality. Training topics include:
o Preventative Maintenance
o Cartegraph recommended best practices for proactive asset management To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope.
• Cartegraph will provide remote train-the-trainer training, up to four (4) hours, on Advanced Inspections and Asset Condition Manager functionality. Training topics include:
o Performance Management
 Prediction Groups
 Minimum Condition Groups
 Activities and Impacts
 Criticality Factor
 Install/Replaced Dates
o Cartegraph recommended best practices for advanced inspections and condition management To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope.
• Cartegraph will provide remote train-the-trainer training, up to two (2) hours, on Asset Builder functionality.

Training topics include:
o OMS Administrator
 Structure Manager
 Library Manager
 Layout Manager
 User/Role Configurations
o Cartegraph recommended best practices for expanding the system’s use and/or building assets Go-Live Support
• Cartegraph will provide a three-day (3-day) event onsite for Go-Live Support. The agenda will be defined, and agreed upon, by both your and Cartegraph’s project managers. Topics may include any of the following:
o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field, Layout, and Report configuration guidance, if applicable Data Services

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• Cartegraph will provide one sandbox and one production data load service through standard import/export functionality. Cartegraph will provide template documents for data population. Once populated by your staff, Cartegraph will load the data into your sandbox or production OMS environment. Data loads may include data such as:
o Parent level asset records
o Asset location (spatial x/y) attributes
o Parent level resource (Labor, Equipment Material, Vendor) records o Resource Rate (Labor, Equipment, Material) records
o Standard system libraries
• Cartegraph will provide one test and one production custom data conversion service for your historical data listed below:
o Lucity data related to: Work History, Inspection History, Labor Rates o For the custom data conversion service(s) listed above, Cartegraph will provide:
 A review of the historical data along with recommendations for OMS best fit.  A field map workshop, which will identify where and how historical data will appear within OMS
 A test conversion service to facilitate data conversion validation and testing  One revision of the field map used for the test conversion service  A production conversion service utilizing the final, approved field map All data must be accessible to Cartegraph from a SQL DB, SQL View, Access DB or Comma Delimited File.

Integration Services
• Cartegraph staff will provide a uni-directional (one-way) Integration Service between Gasboy and Cartegraph. The integration includes:
o A one-way integration of data from the source system to Cartegraph o Up to 12 fields in the same Cartegraph recordset (IE: Equipment table and Equipment’s Fuel Log table) o A sync using a unique ID
 If ID exists; information will be updated
 If ID does not exist; Cartegraph will create a record or produce an error message o A customer-configurable runtime interval for the sync Assumptions
 The integration will include up to 12 fields (in the same Cartegraph recordset)  Customer staff will be responsible for populating required values utilized to support integration. • All data must be accessible to the Cartegraph service from a SQL DB, SQL View, Comma Delimited File
• Cartegraph staff will provide a uni-directional (one-way) integration service between CCTV and Cartegraph.

The integration includes:
o A one-way integration of data from the source system to Cartegraph:
 Cartegraph will create inspection records with condition categories matched to the Structural and O&M Quick Ratings from the NASSCO inspection  Cartegraph will link inspection records to a provided URL via the Attachments recordset  For each integration point listed above, Cartegraph will provide:
• Up to 12 fields (in the same Cartegraph recordset)
• A sync using a unique ID
o If ID exists; information will be updated
o If ID does not exist; Cartegraph will either produce an error log message, ignore the imported record, or create a new record in OMS based on client

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preference. Only one of the three options may be selected for all import scenarios.
 A customer-configurable runtime interval for the sync Assumptions
 Cartegraph will link to the specified location of media files. The integration does not include transferring media files to an accessible location.
 Integration will occur with NASSCO standard PACP, LACP and MACP outputs in compliance with version 7 or above.
• Cartegraph staff will provide the following standard, uni-directional (one-way) integration service between the Town of Hillsborough’s SCADA system and Cartegraph. In the event that additional or alternative functionality is desired, Cartegraph can provide an update to the scope and cost. o The standard integration includes the following:
 Cartegraph will provide the following integration points:
• Retrieve specified alarm logs and trigger a Task creation upon receipt of a new log entry. • Retrieve specified asset usage log data, and associate logs to the corresponding asset to support standard OMS preventative maintenance trigger and scheduling functionality.  Cartegraph will provide an error logging capability to easily identify potential integration issues.  Cartegraph will provide a customer-configurable time interval to manage integration frequency.

Assumptions
 Customer is responsible for providing SCADA tags, date/time field, value, and units.  Customer staff will provide mapping of SCADA tags to assets and recording types. • All data must be accessible to the Cartegraph service in a Comma Delimited File •
• Cartegraph will provide a bi-directional integration service between 811 and Cartegraph. The integration includes the following:
• 811 Tickets (formatted as XML text files) are transmitted from the customer’s 811 provider. • Tasks are created in Cartegraph from 811 Ticket Data. • This integration only adds Task records. Records are never updated. • When Tasks are completed in OMS the Positive Response will be updated in your 811 system • Integration Fields
• Ticket Number à Cartegraph 811 Ticket
• Ticket Sequence Number à Cartegraph 811 Revision
• Station Code à Cartegraph 811 Member
• Printable Text Information à Cartegraph 811 Details
• Cartegraph 811 Response Code à Positive Response Locate Code • Cartegraph 811 Response Comment (If required by state) à Positive Response Reason • 811 Response Status (Positive Response) à Cartegraph 811 Response Status • 811 Response Results (Positive Response) à Cartegraph 811 Response Results • Cartegraph Fields set by Integration
• Task ID: <ticket>-<Sequence Number>-<Station Code>-<year> • Asset Type: Non-Asset
• Activity: Utility Locates
• Department: 811
• Shape: Polygon if available, otherwise centroid.
• Address Number: <LocationDetails>\<Address>
• Street: <LocationDetails>\<Address> if already in Streets library. • Intersecting Street: <LocationDetails> \<NearestCrossStreet>, if already in Streets library.
• Location Description: (doesn’t require values to be in OMS libraries) • Address: 3330 TEMPLETON GAP RD    Cross: CHAIN DR

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• Place: COLORADO SPRINGS    County: EL PASO
• Grids: 13S066W32NE  13S066W33NW
• Cartegraph Attachments
• Original Ticket and Attachments
• Printable text as HTML
• Errors are handled as such:
• Any files with errors are skipped. The error files are moved to an “other’ status in the messages library.
• Errors can be reported via email using the standard ‘If an automation fails send a notification’ automation template within OMS.
• All files not designated as 811 tickets are skipped but will not produce an error. • Duplicate records cause an error
Assets
Asset implementation includes the following professional services:
• Cartegraph will provide installation and training on the following ninety-seven (97) asset types:
o Facilities (25)
 Facility; Other Site Construction; Selective Building Demolition; Site Improvement; Site Preparation; Facility Floor; Basement Construction; Conveying; Exterior Enclosures; Facility Electrical; Facility Equipment; Fire Protection; Foundations; Furnishings; HVAC; Interior Construction; Interior Finishes; Plumbing; Roofing; Site Electrical Utilities; Site Mechanical Utilities; Spaces; Special Construction; Stairs; Superstructure
o Parks and Recreation (10)
 Athletic Space; Fence; Park; Park Structure; Playground Equipment; Bench; Landscape Area; Park Amenity; Playground; Tree
o Stormwater (9)
 Storm Basin; Storm Channel; Storm Culvert; Storm Facility; Storm Inlet; Storm Manhole; Storm Outlet; Storm Pipe; Storm Pump
o Transportation (8)
 Bridge; Light Fixture; Pavement; Sign; Guardrail; Marking; Pavement Area; Support o Water Distribution (9)
 Water Backflow; Water Facility; Water Hydrant; Water Lateral; Water Main; Water Meter; Water Pump; Water Valve; Water Storage Tank
o Wastewater Treatment Plant (36) (Utilized for Lift Stations)  Wastewater Treatment Plant Blowers; Wastewater Treatment Plant Compressors; Wastewater Treatment Plant Conveyors; Wastewater Treatment Plant Electrical Generator; Wastewater Treatment Plant Facility; Wastewater Treatment Plant HVAC Equipment; Wastewater Treatment Plant Instrumentation; Wastewater Treatment Plant Motors; Wastewater Treatment Plant Presses; Wastewater Treatment Plant Processes; Wastewater Treatment Plant Pump; Wastewater Treatment Plant Screens; Wastewater Treatment Plant Structure; Wastewater Treatment Plant UV; Wastewater Treatment Plant Valves; Wastewater Treatment Plants; Wastewater Treatment Plant Floor; Basement Construction; Conveying; Exterior Enclosures; Facility Electrical; Facility Equipment; Fire Protection; Foundations; Furnishings; Interior Construction; Interior Finishes; Plumbing; Roofing; Site Mechanical Issues; Special Construction; Stairs; Superstructure; Selective Building Demolition; Site Preparation; Site Improvement; Other Site Construction

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Cartegraph will provide all services remotely via audio; video; and web conferences unless otherwise noted.

Exclusions
The following service items are not included in the scope of this project:
• Implementation of any custom modification or integration developed by Cartegraph; your internal staff; or any third-party is not included in the scope of this project unless specifically listed above. • Data conversion services from other software system(s) or sources (including Cartegraph Navigator databases) are not included in the scope of this project unless specifically listed above. • Any service items discussed during demonstrations; conference calls; or other events are not included in the scope of this project unless specifically listed above.

Customer/Cartegraph Responsibilities
Project representatives from Customer and Cartegraph accepts responsibility for all aspects of project planning, management, and execution not specifically identified as the responsibility of Cartegraph in the Agreement or in the Purchase Agreement. Ongoing management of the day-to-day allocation of Customer and Cartegraph resources and management of project tasks is the responsibility of the Customer and Cartegraph project representatives. Customer and Cartegraph project representatives will provide overall guidance and direction for the project and will direct the project accordingly. Further, and with regard to the Cartegraph obligations listed in this Purchase Agreement, Customer understands that it is vital to the success of the project that Customer provides assistance in the following matters:

1. For those services listed under Field Services, Cartegraph personnel will conduct information gathering and evaluation sessions with various Customer Users and management. While Cartegraph respects the time and workload of Customer staff, dedicated time on the part of the appropriate Customer resources is necessary to complete these exercises.

2. The installation process requires the assistance of Customer personnel and suitable access to hardware and systems (e.g., security clearance). Customer is required to supervise the installation process while systems are accessible to Cartegraph. All hardware and software, for both personal computers and servers, is expected to be available, installed, and operating as specified in Cartegraph’s system requirements documentation such that delivery and execution of Cartegraph Field Services will not be impeded.

3. Customer and Cartegraph understand that the successful performance of Field Services depends upon Customer fulfilling its responsibilities. The Project assumes that Customer will provide all personnel required to achieve a successful implementation, including a dedicated project manager responsible for reviewing the implementation scope of work, ensuring all attended meetings are attended by invited staff, and providing leadership and insight on all relevant internal issues such as policy/procedure, organizational structure, project stakeholders, technical architecture, data, and current systems. Customer responsibility also includes internal documentation, internal change management, task completion, staff coordination and schedule commitment.

4. Customer will provide Internet access and IT staff support as required. For those services that are web-based, Cartegraph utilizes WebEx Meeting (or similar) technology.

5. Customer shall ensure that their workstation platform and database meet Cartegraph system requirements as specified in the Cartegraph System Requirements documentation. Solutions will be supported within new versions of these workstation platforms and databases within a reasonable period of time from their release from their manufacturer. Cartegraph will discontinue support of its Solutions within older versions of these workstation platforms and databases as their support is discontinued by their manufacturers.

6. Customer agrees to work with Cartegraph to schedule Field Services in a timely manner. All undelivered Field Services shall expire 365 days from the execution of this Purchase Agreement, unless noted differently in Services Scope listed above. Upon expiration of services, the project may be cancelled at Cartegraph’s discretion.

Not-to-Exceed Purchase Agreement

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Cartegraph will not exceed the total included in this Purchase Agreement without written approval from Customer. In the event it becomes apparent to Cartegraph that additional Service will be needed due to any changes in the scope of this Purchase Agreement, Cartegraph will notify Customer prior to exceeding the approved efforts and obtain written approval if additional Services are required.

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EXHIBIT C
Values Statement

TOWN OF HILLSBOROUGH CITY COUNCIL, BOARDS, AND COMMUNITIES

VALUES STATEMENT
As a member of the Town of Hillsborough City Council or of a Hillsborough board or committee, I agree to uphold the Town mission statement and adhere to the following values. I will:
• Serve with integrity and be a responsible steward of taxpayer dollars and the natural environment.
• Treat everyone with respect, listen to understand, and promote civility, courtesy, and thoughtfulness in all interactions.
• Create an atmosphere where individual members, Town staff, and members of the community are free to express their ideas and work to their full potential. • Promote public and individual trust through honest and open practices and communications.
• Recognize and celebrate the diversity of our community through the pursuit of equal access, equal participation, and fair treatment for all. • Work collaboratively with others toward the common good in order to achieve innovative solutions for the public benefit.
• Maintain a balanced sense of community and quality of life through the protection and improvement of our natural and built environments.
• Respect the dignity and privacy of individuals and organizations. • Safeguard the community from the threats of natural, technological, or other threats to our safety and wellbeing.
• Avoid and discourage conduct which is divisive or harmful to the best interests of Hillsborough.

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-69-

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

CITY COUNCIL MEETING
NOVEMBER 28, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION SUPPORTING THE MATCH COMMITMENT LETTER FOR THE

FEDERAL EMERGENCY MANAGEMENT BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES GRANT APPLICATION FOR THE 2022 HILLSBOROUGH POTABLE WATER

RESILIENCE VIA HIGHLINE SAFETY PIPELINE PROJECT PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: In September 2022, the Town of Hillsborough submitted a Notice of Interest (NOI) to the California Governor's Office of Emergency Services (Cal OES). The NOI was reviewed by Cal OES staff to determine the eligibility of the Highline Pipeline Project. Cal OES staff determined this project to represent an eligible Building Resilient Infrastructure and Communities (BRIC) activity and the Town, acting as the project sponsor, was invited to submit a subapplication due to Cal OES by December 2, 2022.

Subsequent to the submission of the notice of interest, the Town reached out to partner cities for this project, Burlingame and Millbrae, to obtain letters of support for the project and potential interest in providing financial support.

The estimated project costs (in 2025 dollars) are approximately $32 million. The grant application requests $22.6 million in federal funding with a non-federal match commitment of $9.7 million. The grant application requires a match commitment letter from the Town (Attachment 2 to the staff report). The local match funds can come from partner agencies, the portion of the water rates allocated for capital costs, general fund revenue, bonds, or other funding sources.

If the grant application is successful, the resulting project would connect the Town's water system to the Harry Tracy Water Treatment Plant and provide potable water delivery following a major seismic event to all residents in Hillsborough, Burlingame, and Millbrae, as well as improve wildfire protection by providing additional water supply. These benefits will be detailed in the application materials submitted as part of the subapplication.

FISCAL IMPACT: The Town is seeking to receive $22,639,400 from the Federal Emergency Management Building Resilient Infrastructure and Communities Grant Program towards completion of the Highline Pipeline Project. Loca matching funds of $9,702,600 are required to be committed from the capital funding of the water fund and contributions from partner agencies, as needed.

Page 2 ends

the pipeline project once it has been designed and scoped and any need to conduct environmental review at this juncture would be speculative until such time that the project has been designed and is more finite. This environmental analysis will be available to all decision-makers prior to any approval of the project.

ATTACHMENTS:

1. Resolution

2. Match Commitment Letter

3. Project Summary Sheet
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution directing staff to submit a subapplication to the Federal Emergency Management Building Resilient Infrastructure and Communities Grant Program for $32.3 million including submittal of a commitment letter contributing $9,702,600 in matching funds needed for Project implementation pursuant to CEQA Guideline 15378. -72-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE FEDERAL

EMERGENCY MANAGEMENT BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES GRANT APPLICATION FOR THE 2022 HILLSBOROUGH

POTABLE WATER RESILIENCE VIA HIGHLINE SAFETY PIPELINE PROJECT PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the Building Resilient Infrastructure and Communities (BRIC) is a predisaster mitigation program administered by FEMA to support states, local communities, tribes, and territories as they undertake hazard mitigation projects, reducing the risks faced from disasters and natural hazards; and
WHEREAS, the Town has developed the Highline Potable Water Resilience via Highline Safety Pipeline Project to safeguard access to water; and WHEREAS, it will cost approximately $32,000,000 to implement the Project scope; and
WHEREAS, the local match required is $9,702,600; and
WHEREAS, the BRIC grant application procedures require, among other things, a match commitment letter demonstrating the Town’s commitment to meet the non-federal cost share requirement of the program.

NOW, THEREFORE BE IT RESOLVED that the City Council authorizes the submittal of the application to the Federal Emergency Management Building Resilient Infrastructure and Communities Grant Program.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
-73-
ATTACHMENT 1

TOWN OF HILLSBOROUGH
California
November 28, 2022
California State Hazard Mitigation Officer
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, California 95655
RE: BRIC 2022 Hillsborough Potable Water Seismic Resilience via Highline Safety Pipeline Project, Match Commitment Letter
Dear Ms. Jennifer Hogan,
This letter serves as the Town of Hillsborough’s commitment to meet the non-federal cost share requirement of the Building Resilient Infrastructure and Communities (BRIC) program.

Source of Local Match Commitment
Funds:

Local
Agency
Funding
☑
Other
Agency
Funding
☐
Private
Nonprofit
Funding
☐
State
Agency
Funding
☐
Name of non-federal match
commitment funding sources: Local funds including bonds Funds Availability Date: December 2, 2022
Requested Federal Share: $22,639,400.00
Non-federal Match Commitment: $9,702,600.00
Funding Type Administration
Please contact Ann Ritzma at (650) 375-7400 or [email protected] with any questions.

Sincerely,
Ann Ritzma, City Manager
Town Hall
Phone: 650-375-7400 | Fax: 650-375-7475 | 1600 Floribunda Avenue, Hillsborough, CA 94010 | www.hillsborough.net -74-
ATTACHMENT 2

HILLSBOROUGH

HIGHLINE PIPELINE PROJECT
A v o i d f a u l t l i n e s w h e r e t h e p o t e n t i a l f o r d i s p l a c e m e n t a n d l i q u e f a c t i o n f r o m a n e a r t h q u a k e i s g r e a t e s t .

P r o t e c t a c c e s s t o w a t e r f o r m o r e t h a n 6 0 , 0 0 0 p e o p l e a n d s e r v i c e t o f i r e h y d r a n t s d u r i n g a s e i s m i c e v e n t .

S u b s t a n t i a l l y r e d u c e t h e p o t e n t i a l f o r u r b a n - i n t e r f a c e f i r e s f r o m s p r e a d i n g i n t o t h e t h r e e c o m m u n i t i e s .

A l l o w f o r r e s i l i e n c y d u r i n g s e i s m i c e v e n t s t h r o u g h m a t e r i a l t h a t a l l o w s f o r e x p a n s i o n , c o n t r a c t i o n a n d r o t a t i o n .

E l i m i n a t e d e p e n d e n c y o n t h e e l e c t r i c g r i d b y u t i l i z i n g a g r a v i t y f e d s y s t e m , p r o v i d i n g u n i n t e r r u p t e d w a t e r f l o w f r o m a n u p p e r e l e v a t i o n t r e a t m e n t p l a n t .

P r o t e c t i n g A c c e s s t o P o t a b l e W a t e r T h e H i g h l i n e P i p e l i n e P r o j e c t i n c l u d e s t h e c o n s t r u c t i o n o f s p e c i a l i z e d , s e i s m i c a l l y r e s i l i e n t p i p e l i n e a n d c o n n e c t i o n t o n e w s t a t e o f t h e a r t w a t e r t r e a t m e n t p l a n t o p e r a t e d b y t h e S F P U C . T h e p l a n t i s d e s i g n e d t o w i t h s t a n d a 7 . 9 m a g n i t u d e e a r t h q u a k e a n d t h i s p i p e l i n e w i l l e n s u r e a r e l i a b l e s o u r c e o f p o t a b l e w a t e r d u r i n g e m e r g e n c i e s .

T o s a f e g u a r d a c c e s s t o w a t e r , t h i s p r o j e c t w i l l :

P r o p o s e d P r o j e c t A l i g n m e n t
-75-
ATTACHMENT 3
DECEMBER 2, 2022

APPLICATIONS DUE TO
CALOES
JANUARY 25, 2023

APPLICATIONS DUE TO FEMA
SPRING - SUMMER 2023

FEMA REVIEW PROCESS
AUGUST 2023

PROJECT SELECTION
Inf rast ructure Project
The const ruct ion of a parallel
pipeline improves resiliency.

Uses Nature-Based Solut ions
Reduces dependency on elect r ic
gr id by ut ili z ing gravi ty fed system.

Increased Non-Federal C ost Share
Local matching funds of up to 30%

HILLSBOROUGH

HIGHLINE PIPELINE PROJECT
Applicat ion Timeline About FEMA's Grant Program
are cost -ef fect ive
increase resilience and public safety
reduce damage and dest ruct ion to proper ty,
cr i t ical services, facili t ies, and inf ra-st ructure reduce injur ies and loss of li fe
Building Resilient Inf rast ructure and Communi t ies
(BRIC) is a pre-disaster mi t igat ion program
administered by FEMA. The BRIC program will
suppor t states, local communi t ies, t r ibes and ter r - i tor ies as they under take hazard mi t igat ion proj - ects, reducing the r isks faced f rom disasters and
natural hazards.

The BRIC program guiding pr inciples are
suppor t ing communi t ies through capabili ty
and capaci ty-building; encouraging and
enabling innovat ion; promot ing par tnerships;
enabling large projects; maintaining f lexibili ty;
and providing consistency.

BRI C Seeks to suppor t programs that :

Key C r i ter ia for Successful Applicat ion
The Highline Pipeline Project meets several
cr i ter ia ident i f ied by FEMA, including:

For project updates
Visi t www.hillsborough.net
Email [email protected]
Call (650) 375-7444
Mi t igates Risk to Li felines
Protects access to water for
communi ty members and water for
f i re hydrants
-76-

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

CITY COUNCIL MEETING
NOVEMBER 28, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: ADOPTION OF AN URGENCY ORDINANCE AMENDING CHAPTERS 15.02,

15.03, 15.04, 15.06, 15.07, 15.08, 15.10, 15.12, 15.16, 15.17, 15.19 AND 15.20 OF THE HILLSBOROUGH MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, CONSISTING OF THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 CALIFORNIA REFERENCED STANDARDS CODE, THE 2022 CALIFORNIA FIRE CODE, AND THE 2021 INTERNATIONAL FIRE CODE PURSUANT TO CEQA GUIDELINES 15061(B)(3) AND 15378
SUMMARY: Construction Codes are required by the State Legislature to be adopted every three years in conjunction with the most current codes being published by the Model Code Groups. The State agencies, such as the Department of Housing and Community Development, are then required by law to amend these codes as they see fit. Local jurisdictions, such as Hillsborough, then have 180 days to further amend the State Codes before they take effect. However, jurisdictional amendments and current amended sections of the Municipal Code can only be held to be valid if they are more restrictive than the newly adopted State laws.

Currently, Title 15 of the Hillsborough Municipal Code requires updating to ensure the Town is making use of the most recent State Codes and because the State Codes will be more restrictive than various components of the current local code. It is also important to be able to clearly identify a need to amend based on one of the following three findings: climatic, geological, topographical, or environmental conditions. In the case of the Town of Hillsborough, relevant findings are based on rainfall, soil conditions, topography, and earthquake potential.

The Building and Fire Departments have worked with jurisdictions throughout the State of California to establish consistent standards to minimize the impact that varying standards might have on development and redevelopment of residential, institutional, and commercial buildings.

Statewide discussions continue regarding potential code amendments related to building construction, vegetation management and enforcement requirements for recognized areas in soon-to-be updated State WUI fire risk maps to ensure enhanced community protection from wildfires. It is only through high building standards and effective fire prevention and containment programs that citizens will receive appropriate protection. State codes by default go into effect on January 1, 2023 and these local amendments will be effective January 1, 2023 with the adoption of the urgency ordinance.
-77-
Agenda Staff Report - Hillsborough City Council
November 28, 2022

Page 2 ends

Notable Mandatory Changes for California 2022 Code Cycle

Building Standards
Windows: No significant changes.

Water Heating: If propane or gas appliance is used then a dedicated 30-amp circuit must be installed 3’ from the unit for future electric appliance.

Heating and Cooling: If propane or gas appliance is used then a dedicated 240V branch circuit must be installed 3’ from the unit for future electric heat pump.

Electric Cooktop Ready: If propane or gas appliance is used then a dedicated 240V branch circuit must be installed 3’ from the unit with a minimum 50-amp rating for future electric cooktop appliance.

Electric Clothes Dryer Ready: If propane or gas appliance is used then a dedicated 240V branch circuit with a 30-amp minimum must be installed 3’ from the unit for future electric appliance.

In May 2022, the Town adopted an All Electric Preferred Mixed Fuel Reach Code. The adoption of the 2022 California Energy Code will bring the California Energy Code closer to the minimum requirements of our adopted Reach Code, but the Town's Reach Code is still more restrictive. After the 2022 adoption is fully implemented, staff will evaluate our current Reach Code for future amendments.

Fire Code Update
Fire alarm system: New fire alarm systems to be certified by an Underwriters Laboratory-listed fire alarm company.

Fire protection systems: fire control rooms in new buildings, clarification of fire sprinkler requirements including enhanced sprinkler protection over electric vehicle charging stations.

California Green Building Standards: No significant changes.

Photo Voltaic: No significant changes.

California Residential Code Updates: No significant changes.

California Mechanical Code Updates: No significant changes.

California Electrical Code Updates: No significant changes.

California Plumbing Code Updates: No significant changes.

Staff is recommending adoption of an Urgency Ordinance in order to ensure that local amendments necessary for the protection of the public health, safety and welfare go into effect immediately. Government Code section 36937(b) allows for the adoption of an urgency ordinance -78-
Agenda Staff Report - Hillsborough City Council
November 28, 2022

Page 3 ends

if needed for the immediate protection of the public peace, health or safety. Adoption of an urgency ordinance will protect the interest of the residents of the Town by ensuring proper building standards are followed within the Town. The Urgency Ordinance must be adopted by 4/5 vote of the City Council’s review. Staff will later bring forth a Regular Ordinance as backup to the Urgency Ordinance.

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

ENVIRONMENTAL ISSUES: The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment pursuant to CEQA Guideline 15061(b)(3). The proposed action is also 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: Urgency Ordinance
PREPARED BY: Tim Anderson, Assistant Director of Building & Planning and Christine Reed, Fire Marshal
RECOMMENDATION: Adopt and waive further reading of the urgency ordinance titled "An Urgency Ordinance of the City Council of the Town of Hillsborough Amending Chapters 15.02,

15.03, 15.04, 15.06, 15.07, 15.08, 15.10, 15.12, 15.16, 15.17, 15.19 and 15.20 of the Hillsborough Municipal Code and Adopting by Reference the 2022 California Building Standards Code, Consisting of the 2022 California Administrative Code, the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Existing Building Code, the 2022 California Historical Building Code, the 2022 California Referenced Standards Code, the 2022 California Fire Code, and the 2021 International Fire Code" pursuant to CEQA Guidelines 15061(B)(3) and 15378.
-79-
1 URGENCY ORDINANCE NO.

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF
HILLSBOROUGH AMENDING CHAPTERS 15.02, 15.03, 15.04, 15.06, 15.07, 15.08,

15.10, 15.12, 15.16, 15.17, 15.19 AND 15.20 OF THE HILLSBOROUGH MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, CONSISTING OF THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 CALIFORNIA REFERENCED STANDARDS CODE, THE 2022 CALIFORNIA FIRE CODE, AND THE 2021 INTERNATIONAL FIRE CODE PURSUANT TO CEQA GUIDELINES 15061(B)(3) AND 15378

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

WHEREAS, pursuant to Government Code section 50022.1 et seq., the Town of Hillsborough (“Town”) may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations, consisting of the Building Standards Code, Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Green Code, Historical Building Code, Fire Code and International Fire Code without limitation, the (collectively, the “Uniform Codes”)1 .

WHEREAS, on January 1, 2023, the California Building Standards Commission (“Commission”) will adopt the 2022 Edition of the California Building Standards Code; and WHEREAS, the City Council has determined enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of the Town; and,
WHEREAS, the adoption of the State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and 15308 of the State CEQA Guidelines; and
WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a Town may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions; and
1 Deletions are shown in strikethrough format and new additions are shown in underline format. Note to the Codifier: Please do not codify any strikethrough or deleted text, but please do codify existing unchanged text and all underlined text in this ordinance.
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2 WHEREAS, the Town’s unique climatic, geological and topographical conditions make it reasonably necessary for the Town to enact amendments to the adoption of the 2022 California Building Standards Code; and
WHEREAS, the Town’s Building Department and the Central County Fire District has recommended that changes and modifications be made to the California Building Standards Code, and have advised that certain changes and modifications to said Code are reasonably necessary due to local conditions within the Town, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the Town; and
WHEREAS, the Town’s Building Department and the Central County Fire District has also recommended that changes and modifications be made to the California Building Standards Code, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the Town and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5; and
WHEREAS, the City Council intends to adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b); and WHEREAS, the Government Code allows for the adoption of an urgency ordinance if needed for the immediate protection of the public peace, health or safety; and WHEREAS, the City Council finds that adoption of this Urgency Ordinance is required in order to protect the public peace, health and safety of its residents by adopting updated building standards in the Town; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

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

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.

The City Council finds and declares that there are distinct and unique characteristics of the Town of Hillsborough with regard to local climatic, geological, topographical or environmental conditions which make it desirable for reasons of public health, safety, and welfare to adopt the provisions of this ordinance, which provide certain more stringent standards than those which would otherwise apply under the 2022 California Building Standards, Title 24 of the California Code of Regulations. The below listed findings apply to all of the changes and modifications made -81-
3 to the California Residential, Building, and Fire Code, 2022 editions, by this ordinance.

Specifically, the Town of Hillsborough finds as follows:

I. CLIMATIC CONDITIONS.

In the Town, normally the months of May through September have no rain and abundant sun, drying out the great quantities of vegetation present everywhere in Town and providing an extensive fuel source for fires.

II. GEOLOGICAL CONDITIONS.

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

Experts have cautioned that one or more major earthquakes in the Bay Area, affecting the whole region, are inevitable and will probably happen sometime within the next several decades.

III. TOPOGRAPHICAL CONDITIONS.

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

Section 3. Amendment.

A. Section 15.02.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.02.020 Adoption
A. The rules, regulations, and standards printed in the 2022 2019 California Administrative Code, as contained in the California Building Standards Code are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein, except as otherwise provided herein.”
B. Section 15.03.020 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.03.020 Adoption of California Residential Code, Title 24, Part 2.5 The rules, regulations and requirements published by the International Code Council (ICC) in the 2022 2019 California Residential Code, based on the 2018 2021 International Residential Code, including Appendix Chapters G, H, J, N, O, P, and Q and the State of -82-
4 California amendments thereto, are hereby adopted as and for the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.

A. One copy of the 2022 2019 California Residential Code shall at all times be kept on file in the town hall in the building official’s office. It shall be accompanied by one copy of Hillsborough Municipal Code Chapter 15.03 (as well as any additional subsequent amendments) to show the amendments to the 2022 2019 California Residential Code.

B. In the event of any conflict or inconsistency between the provisions of the Hillsborough Municipal Code and the 2022 2019 California Residential Code, when applied to any particular case, that requirement which establishes the higher degree of safety shall be complied with unless otherwise stated in the Hillsborough Municipal Code.

C. No provision of the 2022 2019 California Residential Code, or as amended hereby, shall be deemed to supersede any other provision of the Hillsborough Municipal Code.”
C. Section 15.03.030 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.03.030 Amendment of Residential Code
The 2022 2019 California Residential Code as adopted by this chapter is hereby amended, in its application to the town as set forth in Sections 15.03.040 through 15.03.230.” D. Section 15.03.110 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.03.110 One- and two-family dwellings automatic fire systems.

Section R313.2 of the 2022 2019 California Residential Code is amended to read as follows:

R313.2 New one- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings.

Exception: Detached structures located in excess of 10 feet from the main house. For the purposes of this section, detached structures shall be considered as portions of the main home when buildings are not separated in accordance with Section 705.3 of the California Building Code.

Section R313.2.2 is added to read as follows:

R313.2.2 Existing one- and two-family dwellings automatic fire systems.

1. An automatic residential fire sprinkler system is required when additions and/or alterations to existing one- and two-family dwellings with a total building floor area more than 2,000 square feet or more than two stories in height, and when such additions and/or -83-
5 alterations require a building permit and exceed 1,500 square feet in area or 20% of the total square footage for a building over 7,500 square feet.

2. An accessory dwelling unit (ADU) must be protected with an automatic residential fire sprinkler system throughout the unit if the primary dwelling is required to have or has an existing automatic residential fire sprinkler system. If an existing primary dwelling is required to have an automatic residential fire sprinkler system under R313.2.2(1) above, fire sprinklers must be provided throughout both dwellings.

Exceptions:

1. Detached structures located in excess of 10 feet from the main house. For the purposes of subsection (b), detached structures shall be considered as portions of the main home when buildings are not separated in accordance with Section 705.3 of the California Building Code.

2. Detached structures as defined by Hillsborough Municipal Code Section 17.52.010 and constituting an Accessory Dwelling Unit as defined by Government Code 65852.2(j)(4) where no work has occurred in the main house in a two-year period in excess of 1,500 square feet in area or 20% of the total square footage of the total square footage for a building over 7,500 square feet as determined by Hillsborough Municipal Code 15.03.112 specifying additions or alterations. “
E. Section 15.03.111 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.03.111 Required sprinkler locations.

Section R313.3.1.2 is deleted and replaced with the following:

1. Sprinklers shall be installed to protect all areas of a dwelling unit.

Exceptions:
a. Clothes closets, linen closets and pantries not exceeding 24 square feet (2.2m2 ) in area, with the smallest dimension not greater than 3 feet (915 mm) and having wall and ceiling surfaces of gypsum board. b. Detached carports and garages less than 2,000 square feet in area and separated from residential buildings complying with CRC R302.1.

2. Sprinkler coverage shall be provided in the following locations:
a. Attic access openings
b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

3. Inspector Test Valves shall be provided for each system and located the furthest point away from the sprinkler riser for buildings greater than 3,600 square feet.” F. Section 15.03.112 of the Hillsborough Municipal Code is hereby amended to -84-
6 read as follows:
“15.03.112 Additions and alterations.

Section R313.3.2.7 is added to read as follows:

1. The standard for calculating the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be by the following:
a. The square footage of every room being added or altered shall be included in the calculation of total square footage of addition or alteration. b. The entire square footage of an individual room shall be added when at least fifty percent (50%) or greater of the linear length of interior wall sheeting or ceiling within a the room or area is new, removed or replaced. Windows, doors, and opening are excluded from the calculation.

2. The size or cost of additions and alterations used in calculating the size or replacement cost value formula shall not be cumulative with regard to individual additions or alterations in a building unless the following circumstance applies:
a. Where more than one (1) addition or alteration for which building permits are required are made within a two (2) year period from the closure date of the initial permit, the sum of the square footage or replacement costs of these additions or alterations during this two (2) year period shall be aggregated for the purpose of determining calculating calculations in section 15.03.110. the size or replacement cost value formula; or

3. The cost of additions and alterations used in calculating the replacement cost value formula shall be exclusive of the cost to design and install an automatic fire sprinkler extinguishing system pursuant to this section; The following scopes of work are excluded from calculations to determine the area of alteration: building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement.”
G. Section 15.03.170 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.03.170 Spark arrestors

Section R1003.9.2.1 is added amended to read as follows:

Every chimney shall have a spark arrestor, either internally or externally mounted. Any spark arrestor to be mounted internally shall not be installed until installation plans for such arrestor have been submitted to and approved by the building division. All chimneys as described in section 603.6 605.2.1 of the 2022 2019 California Fire Code shall be retroactively protected when one or more of the following conditions exist:
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7 1. Upon the sale or transfer of the real property on which any chimney is located the transfer of title shall not be made until each such chimney contains the required spark arrestor, properly installed and in proper working order.

2. In the event of any construction on such property for which a building permit is required the final building permit signoff shall not be made until each such chimney a spark arrestor has been installed and is in proper working order.”
H. Section 15.04.020 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.020 Adoption of the 2022 2019 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2
The rules, regulations and requirements published by the International Code Council (ICC) as the 2022 2019 California Building Code Volumes 1 and 2," based on the International Building Code, including Appendix Chapter G and Appendix Chapter J and the State of California amendments thereto, are hereby adopted as and for the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.

A. One copy of the 2022 2019 California Building Code Volumes 1 and 2 shall at all times be kept on file in the town Hall in the building official’s office. It shall be accompanied by one copy of Hillsborough Municipal Code Chapter 15.04 (as well as any additional subsequent amendments) to show the amendments to the 2022 2019 California Building Code Volumes 1 and 2.

B. In the event of any conflict or inconsistency between the provisions of the Hillsborough Municipal Code and the 2022 2019 California Building Code Volumes 1 and 2, when applied to any particular case, that requirement which establishes the higher degree of safety shall be complied with unless otherwise stated in the Hillsborough Municipal Code.

C. No provision of the 2022 2019 California Building Code Volumes 1 and 2, or as amended hereby, shall be deemed to supersede any other provision of the Hillsborough Municipal Code.”
I. Section 15.04.030 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.030 Amendment of Building Code
The 2022 2019 California Building Code Volumes 1 and 2 as adopted by this chapter is hereby amended, in its application to the town as set forth in Sections 15.04.040 through

15.04.230.”
J. A new Section 15.04.095 of the Hillsborough Municipal Code is hereby added to read as follows:
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8 “15.04.095 Fire plan check.

Section 107 is amended and Section 107.2.1.1 is added to read as follows: When required by the fire code official, plans submitted to the building official for a permit shall be reviewed by the fire code official to determine compliance with the California Fire Code and the International Fire Code. Upon review a written report shall be returned to the building official listing deficiencies or compliance with the Code.”
K. Section 15.04.100 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.100 Ventilation
Section 406.6.2 is amended by adding the following:

Section 406.6.2.1 A garage containing electrical charging stations shall provide a manually operated control switch that controls ventilation operations located in the command/control room for emergency operations.”
L. Section 15.04.110 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.110 Additions and alterations.
[F] Section 903.1 is amended and Section 903.1.2 is added to read as follows: The standard for determining the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be determined by the following:

1. The square footage of every room being added and/or altered shall be included in the calculation of total square footage of addition and/or alteration.

2. The entire square footage of an individual room shall be considered added or altered when at least fifty percent (50%) or greater of the linear length of interior wall sheeting or ceiling within a the room or area is new, removed, or replaced. Removed or replaced windows, doors, and opening are excluded from the calculation.” M. Section 15.04.112 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.112 Where required.
[F] Section 903.2 is deleted and replaced as follows:

Approved automatic fire sprinkler systems shall be installed in all new occupiable and/or habitable buildings and structures. In addition, approved automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1 through 903.2.23 903.2.21. -87-
9 An accessory dwelling unit (ADU) must be protected with an automatic residential fire sprinkler system throughout the unit if the primary dwelling is required to have or has an existing an automatic residential fire sprinkler system. If an existing primary dwelling is required to have an automatic residential fire sprinkler system, fire sprinklers must be provided throughout both dwellings.

Exceptions:

1. When approved by the fire chief, canopy structures used solely for vehicular parking which have a photovoltaic system attached are not required to be equipped with a fire sprinkler system as long as the structure meets distance requirements to other structures and property lines.

2. Group U occupancies less than 1,200 square feet.

Section 903.2.10.3, CFC is added to read as follows:

Lithium-ion batteries in vehicles. Areas which contain electric vehicle charging stations shall have a fire sprinkler density design of a minimum extra hazard, group 2 for the coverage of charging stations and for 15’ in any direction of charging stations.” N. Section 15.04.113 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.113 Existing building and structures.
[F] Section 903.2.21 is added to read as follows: All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when the following conditions exist:
a. Non-residential buildings with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions and/or alterations for which a building permit is required will exceed 1,500 square feet in area.

Exception: Group U occupancy less than 1,200 square feet. b. Residential one- and two-family dwellings and structures with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions and/or alterations for which a building permit is required will exceed 1,500 square feet in area.

Exceptions:

1. Additions or alterations of non-residential and multi-family residential buildings that do not exceed 20% of the total square footage of the entire completed building. completed building's total replacement cost calculation.

The replacement cost calculations for the additions/alterations and the completed building shall be calculated utilizing the latest Building Valuation Data (BVD) published by the International Code Council.

2. Additions or alterations to residential one- and two-family dwellings and structures that do not exceed 20% of a building over 7,500 square feet. -88-
10 3. The following scopes of work are excluded from calculations to determine area of alteration: The cost of additions and alterations used in calculating the replacement cost value formula shall be exclusive of the cost to design and install an automatic fire sprinkler extinguishing system pursuant to this section; building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including, but not limited to, the seismic retrofit requirements, asbestos, and other hazardous material abatement.
c. Aggregate. The size or cost of additions and alterations used in calculating the size or replacement cost value formula shall not be cumulative with regard to individual additions or alterations in a building unless the following circumstance applies:

1. When Where more than one (1) addition and/or alteration for which building permits are required are submitted made within a two (2) year period from the closure date of the initial permit, the sum of the square footage or replacement costs of these additions and/or alterations during this two (2) year period shall be aggregated for the purpose of determining calculations of Section 15.04.113.”
O. Section 15.04.115 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.115 Additional sprinkler locations.

Section 903.3.1.4 5 is added to read as follows:

The installation of a residential fire sprinkler system shall conform to the following:

1. Sprinklers shall be required throughout carports and garages.

Exception: Detached carports and garages less than 2,000 square feet in area and separated from residential buildings by a minimum of 10 feet. complying with Section 503.1.2 and Table 602 of the building code and assuming a property line between all other structures.

2. Sprinkler coverage shall be provided in the following locations:
a.Attic access openings
b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

Section 903.1.5 6 is added to read as follows: Additional Commercial and Multi-family Dwelling Sprinkler Locations. Rooms or spaces which contain vehicle parking lifts or stacking systems shall be designed as an Extra-High Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level.

Exception: Buildings classified as single-family dwellings.” -89-
11 P. A new Section 15.04.125 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.04.125 Acceptance and Certification of Fire Alarm System Section 907.7 CFC is amended to add the following:

Acceptance and Certification. Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72. New fire alarm systems installed in commercial and multi-family buildings shall be UL-Certified.

Certificate shall be posted next to fire alarm control panel at time of final inspection.” Q. Section 15.06.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.06.020 Adoption
A. The rules, regulations and standards printed in the California Historical Building Code, 2022 2019 Edition, contained in the California Building Standards Code (California Code of Regulations, Title 24 Part 8), 2022 2019 Edition, are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.” R. Section 15.07.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.07.020 Adoption
A. The rules, regulations and standards printed in the California Existing Building Code, 2022 2019 Edition, contained in the California Building Standards Code (California Code of Regulations, Title 24 Part 10), 2022 2019 Edition, are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.” S. Section 15.08.020(A) and (B) of the Hillsborough Municipal Code are hereby amended to read as follows:
“15.08.020 Adoption
A. The rules and regulations and standards printed in the California Electrical Code, Title 24, Part 3 2022 2019 Edition, together with Article 89. Provisions thereto as incorporated by reference in the California Building Standards Code (California Code of Regulations, Title 24), 2022 2019 Edition, (hereinafter referred to as the "Electrical Code" respectively) (including the Appendix thereto) is hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein provided.
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12 B. One copy of the Electrical Code shall at all times be kept on file at the Town of Hillsborough building department. The copy shall be accompanied by a copy of Hillsborough Municipal Code Chapter 15.08 (as well as any additional subsequent amendments) to show the Hillsborough amendments to the 2022 2019 California Electrical Code.”
T. Section 15.10.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.10.020 Adoption
A. The rules, regulations, and standards printed in the California Energy Code, 2022 2019 Edition, as contained in the California Building Standards Code (California Code of Regulations, Title 24 part 6), 2022 2019 Edition, (hereinafter referred to as the "Energy Code") (including the Appendix thereto) are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein, except as otherwise provided herein.” U. Section 15.12.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.12.020 Adoption
A. The rules, regulations, and standards printed in the California Mechanical Code, 2022 2019 Edition, contained in the California Building Standards Code (California Code of Regulations, Title 24 part 6), 2022 2019 Edition, (hereinafter referred to as the "Mechanical Code") (including the Appendix thereto) are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein, except as otherwise provided herein.” V. Section 15.16.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.16.020 Adoption
A. The rules, regulations and standards printed in the California Plumbing Code, 2022 2019 Edition (including the Appendix thereto) contained in the California Building Standards Code (California Code of Regulations, Title 24 Part 5), 2022 2019 Edition, (hereinafter referred to as the "Plumbing Code”) are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.” W. Section 15.17.010 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.17.010 Adoption
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13 The rules, regulations and standards printed in the California Referenced Standards Code, 2022 2019 Edition, contained in the California Building Standards Code (California Code of Regulations, Title 24 Part 12), 2022 2019 Edition, are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.”
X. Section 15.19.015 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.19.015 Adoption
The rules, regulations, and standards printed in the California Green Building Standards Code, 2022 2019 Edition, as contained in the California Building Standards Code (California Code of Regulations, Title 24 part 11), 2022 2019 Edition are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein, except as otherwise provided herein.” Y. Section 15.20.010 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.010 Adoption of the 2022 2019 California Fire Code, the 2021 2018 International Fire Code, and Public Resources Code, Division 4, Section 4291.

There is adopted by the town for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code which contains building standards known as the 2022 2019 California Fire Code and the International Fire Code, 2021 2018 Edition, together with all appendices, except Appendices A, D, and J and P, and the State of California amendments thereto, and the Public Resources Code, Division 4, Section 4291.”
Z. Section 15.20.025 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.025 Chapter 1, Sections 105.3.3, IFC and 105.4.1.1, IFC are is amended – Occupancy prohibited before approval and Examination of documents Section 105.3.3 is deleted in its entirety and replaced with the following:

Section 105.3.3. No final inspection by the building official as to all or any portion of a development shall be deemed complete and no certificate of occupancy or temporary certificate of occupancy shall be issued unless and until the installation of the prescribed fire protection facilities and access ways have been completed and approved by the fire chief.

Section 105.4.1.1 is deleted in its entirety and replaced with the following:

Section 105.4.1.1. When required by the fire code official, plans submitted to the building -92-
14 official for a permit shall be reviewed by the fire chief to determine compliance with the California Fire Code and the International Fire Code. Upon review, a written report shall be returned to the building official listing deficiencies or compliance with this Code.

AA. A new Section 15.20.026 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.20.026 Chapter 1, Section 106.2, CFC is amended – Examination of Documents.

Section 106.2, CFC is deleted in its entirety and replaced with the following:

Section 106.2. Examination of documents. When required by the fire code official, plans submitted to the Building Official for a permit shall be reviewed by the Fire Chief to determine compliance with the California Fire Code and the International Fire Code. Upon review a written report shall be returned to the Building Official listing deficiencies or compliance with the Code.”
BB. Section 15.20.030 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.030 Chapter 1, Sections 1067.1 and 107.2 106.3, CFC are amended as follows:

Section 1067.1.2, CFC is added to this code and shall read as follows:

Section 1067.1.2. Permits and Fees
a. The fees for the permits and other services shall be as established by resolution of the Central County Fire Department as amended from time to time. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be applied to the appropriate agency, Town of Hillsborough or Central County Fire Department, depending on the type of service.

EXCEPTION: (1) The applicant for a given permit shall be exempt from the payment when the work to be conducted is for the Town of Hillsborough under written contract to the town or for events sponsored or co-sponsored by the town.
b. In the case of multiple permits for an applicant, the permit applicant will be charged the single highest listed rate of all the permits required. The other permitable items will be charged at a rate of 50% of the listed fee as long as the permits are for the same address. c. Where processes or materials are inherent with a permittable item, subsequent fees may be waived at the discretion of fire chief. d. All fire permits and fire construction permits shall have a set number of inspections per permit as set forth by the Central County Fire Department Fee Schedule. Additional inspections and additional re- -93-
15 inspections will be billed at an hourly rate consistent with the Central County Fire Department Fee Schedule.
e. Application for "event" type fire code permits (i.e.: Assembly, Pyrotechnic, Tents, etc.) shall be submitted 14 days prior to the event date. Applications submitted within 13 days prior to the event date shall be charged double the regular permit rate as established by the Central County Fire Department Fee Schedule.
f. "After Hours" inspections shall be invoiced at a rate of one and onehalf time the normal hourly rate of the inspecting fire personnel. "After Hours" inspections will be billed at a rate of three hours minimum. "After Hours" inspections are defined as follows:

Inspections conducted outside of normal business hours for the Fire Prevention Division, as defined on the Central County Fire Department website and based upon personnel availability. g. Any person, group, organization, institution or business failing to pay the applicable fees under this Article shall after 30 days of the due date, for either existing or new permit applicants, shall be issued a citation for non-payment of the required permit fee. The penalty for all permit payments delinquent after 30 days shall be a doubling of the original fee.”
CC. A new Section 15.20.031 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.20.031 Section 107.4 CFC is deleted in its entirety and replaced with the following:

Section 107.4. Investigation and Fee.

Section 107.4. Investigation – Work without a permit
Investigation. Whenever construction or work for which a permit is required by this code and has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. All work done without a required permit, including demolition of all or part of a structure or system shall be subject to the investigation and fees imposed by this section.

Section 107.4. is added to this code and shall read as follows:

Section 107.4.1. Fee – Work without a permit
In the event work is done without an issued permit, an investigation fee, in addition to the permit fee, shall be collected as a civil penalty, whether or not a permit is then or subsequently issued. The investigation fee shall be up to 10 times the fire permit fee. The investigation fee shall be determined by the Fire Chief and shall be based on the staff time reasonably required to -94-
16 resolve all of the issues related to the work that has been performed without a permit. No construction work permit shall be issued until the investigation fee has been paid in full.

Nothing in this section shall relieve any persons from fully complying with the requirements of this code, in the execution of the work, or from any other fees or penalties prescribed by law.”
DD. Section 15.20.035 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.035 - Chapter 1, Section 111 109, CFC is amended - Board of Appeals.

Section 111 109, CFC is deleted in its entirety and replaced with the following:

Section 111 109. Appeal and review.
(a) The chief of the fire department shall be charged with the duty and responsibility of administering the provisions of this chapter. (b) Whenever it is provided herein that certain things shall be done in accordance with an order of the fire department, such order shall be complied with. Any person aggrieved thereby may appeal to the fire chief in writing within ten (10) days after the date of such order, except as otherwise provided in this chapter. The fire chief, or in his or her absence the deputy fire chief, shall issue a written decision to affirm, modify or reverse the order within two (2) business days of receipt of the appeal. The fire chief’s written decision may be appealed to the Central County Fire Department Fire Board no later than ten (10) days from the date of the fire chief’s written decision. The Fire Board’s decision shall be final and conclusive and may not be appealed to the City Council. Except in the case of immediate hazard, the enforcement of the order shall be suspended until such person has exhausted the appeal process as described above.
(c) Any court action or proceeding to review or challenge a decision or order of the fire board shall be barred unless it is commenced within twenty (20) days of the date of service of the written decision or order (or such later date as may be specified by California Government Code Section 53069.4), and such decision or order shall contain a statement so advising the prospective appellant(s) of this time limit on seeking court review. A decision of the fire board shall be considered final for purposes of seeking court review, and no review or other consideration by the city council shall be necessary. However, no action or proceeding to review or challenge a fire board decision shall be permitted unless each ground or basis for such action or proceeding first has been asserted to the fire board pursuant to the procedures set forth in Section

15.20.035.”
-95-
17 EE. Section 15.20.040 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.040 (Reserved) Sections 315, CFC- General Storage.

Section 315.2, CFC is amended and Section 315.3.5 is added to read as follows:

Section 315.2 Permit required. A permit for miscellaneous combustible materials shall be required as set forth in Section 105.5.

Exception:

Storage of combustible materials other than motorized vehicles or vessels shall not be permitted in a public parking garage or in a garage or carport serving a Group R, Division 1 or Group R, Division 2 Occupancy, unless the method of storage is approved by the Fire Code Official.

Section 315.3.5, CFC is added to read as follows:

Section 315.3.5. Designation of storage heights. Where required by the fire code official, a visual method of indicating the maximum allowable storage height shall be provided in accordance with Section 315.3.5.1, CFC.

Section 315.3.5.1, CFC added to read as follows:

Section 315.3.5.1. The approved visual method of indicating maximum allowable storage shall be a four (4”) inch wide line in contrasting color along a wall or storage rack.” FF. Section 15.20.045 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.045 Section 503.3, CFC - Marking.

Section 503.3, CFC is amended by adding section 503.3.1 to read as follows:

Section 503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the following means:

1. By white signs measuring at least 12 inches by 18 (12" x 18") inches posted immediately adjacent thereto and clearly visible. It should clearly state, in red letters not less than one inch (1") in height, that the space is a fire lane and parking is prohibited.

2.1. By outlining and hash marking the area in contrasting colors clearly marking it with the words "Fire Lane - No Parking.

3.2. By identifying the space with a red curb upon which the words "Fire Lane - No Parking" are stenciled every 15 feet.
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18 a. Both sides of fire lanes shall be red curbed when the fire lane is twenty (20) to twenty-eight (28) feet in width.
b. At least one side of a fire lane shall be red curbed and stenciled when the fire lane is over twenty-eight (28) and up to thirty-six (36) feet in width.
c. Curbs need not be painted red nor stenciled when the fire lane is more than thirty-six (36) feet in width.

3. In areas where a red curb is not practical, and when approved by the fire official, white signs measuring 12 inches by 18 inches with red lettering not less than 1” in height stating the area is a fire lane and parking is prohibited, may be posted adjacent to the fire lanes.” GG. Section 15.20.065 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.065 Section 508 – Fire Command Center
Section 508.1.1.1 CFC is added to read as follows:

Section 508.1.1.1. Requirements. Fire command center shall be equipped with an exterior door and be located at the exterior of the building at a location approved by the fire chief.

Section 508.2 CFC is added to read as follows:

Section 508.2 Fire control room. An approved fire control room shall be provided for all new buildings or occupancies undergoing a substantial improvement and requiring protection by an automatic fire sprinkler system. The room shall only contain all main system control valves, fire alarm control panels ERRCS equipment, and other fire equipment required by the Fire Chief. Fire control rooms shall be located within the building at a location approved by the Fire Chief and shall be provided at grade with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. Fire Control Rooms shall not be less than 35 square feet.

Exceptions:

1. Group R, Division 3 Occupancies.

2. Occupancies with a fire pump shall have a fire control room that is a minimum of 200 square feet.

3. In high-rise buildings, the fire control room shall not be less than 200 square feet.”
HH. Section 15.20.070 of the Hillsborough Municipal Code is hereby removed and reserved and shall read as follows:
“15.20.070 RESERVED”
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19 15.20.070 Section 603, CFC - Fuel-Fired Appliances
Section 603.6.6, CFC is added to read as follows:

Section 603.6.6 Spark arrestors. Every chimney shall have a spark arrestor, either internally or externally mounted. Any spark arrestor to be mounted internally shall not be installed until installation plans for such arrestor have been submitted to and approved by the building department. All chimneys as described in section 603.6 shall be retroactively protected when one or more of the following conditions exist:

1. Upon the sale or transfer of the real property on which any chimney is located.
a. The transfer of title shall not be made until each such chimney contains the required spark arrestor, properly
installed and in proper working order.

2. In the event of any construction on such property for which a building permit is required.
a. The final building permit sign off shall not be made until each such chimney contains the required spark arrestor, properly installed and in proper working order.

II. Section 15.20.075 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.075 Section 606.8.5 604.8, CFC - Shunt Trip.

Section 606.8.5 604.8 is deleted and replaced in its entirety with the following:

Section 606.8.5 604.8. Shunt Trip Prohibited. Where elevator hoistways and/or elevator machine rooms containing elevator control equipment are located within non-residential buildings equipped with automatic fire sprinklers, the following is required in lieu of a shunt trip:

1. The elevator machine room shall be constructed with the same minimum fire rating as the hoistway. For non-rated hoistways, the minimum rating shall be one hour throughout in accordance with Section 707 of California Building Code for fire barriers.

2. Fire sprinklers at the top of the hoistway and inside the elevator machine room shall not be installed.

3. Means for elevator shutdown shall not be installed.” JJ. Section 15.20.080 of the Hillsborough Municipal Code is hereby amended to read as follows:
-98-
20 “15.20.080 Section 903.1.2, CFC - Additions and alterations.

Section 903.1.2, CFC is added to read as follows:

Section 903.1.2 Additions and Alterations. The standard for calculating the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be:

1. The square footage of every room being added and/or altered shall be included in the calculation of total square footage of addition and/or alteration.

2. The entire square footage of an individual room shall be considered added or altered when at least fifty percent (50%) or greater of the linear length of interior wall sheeting or ceiling within the a room or area is new, removed, or replaced. Windows, doors and openings are excluded from the calculations.”
KK. Section 15.20.082 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.082 Section 903.2, CFC is amended – Where required.

Section 903.2, CFC shall be deleted and replaced as follows:

Section 903.2 Where required. Approved automatic fire sprinkler systems shall be installed in all new occupiable and/or habitable buildings and structures. In addition, approved automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1 through 903.2.21 903.2.23.

An accessory dwelling unit (ADU) must be protected with an automatic residential fire sprinkler system throughout the unit if the primary dwelling is required to have or has an existing an automatic residential fire sprinkler system. If an existing primary dwelling is required to have an automatic residential fire sprinkler system, fire sprinklers must be provided throughout both dwellings.

Exceptions:

2. Group U occupancies less than 1,200 square feet.

Section 903.2.10.3, CFC is added to read as follows:

Section 903.2.10.3 Lithium-ion batteries in vehicles. Areas which contain electric vehicle charging stations shall have a fire sprinkler density design of a minimum Extra Hazard, Group 2 for the coverage of charging stations and for 15’ in any -99-
21 direction of charging stations.”
LL. Section 15.20.083 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.083 Sections 903.2.21 and 903.2.22 and 903.2.23, CFC are added - Existing Buildings and Structures.

Section 903.2.22 903.2.21 is added to read as follows:

Section 903.2.22 903.2.21, CFC Existing Buildings and Structures. All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when the following conditions exist:
a. Non-residential buildings with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will exceed 1,500 square feet in area.

Exception: Group U occupancies less than 1,200 square feet and separated from primary structure by a minimum of 10 feet.
b. Residential one- and two-family dwellings and structures with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will exceed 1,500 square feet in area.

Exceptions:

1. Additions or alterations of non-residential and multi-family residential, and multi-family residential, and single family residential buildings that do not exceed 20% of the entire completed building. completed building’s total replacement cost calculation. The replacement cost calculations for the additions/alterations and the completed building shall be calculated utilizing the latest Building Valuation Data (BVD) published by the International Code Council.

2. Additions or alterations to residential one- and two-family dwellings and structures that do not exceed 20% of a building over 7,500 square feet.

3.2. The cost of additions and alterations used in calculating the replacement cost value formula shall be exclusive of the cost to design and install an automatic fire sprinkler extinguishing system pursuant to this section; The following scopes of work are excluded from calculations to determine area of alteration: building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited -100-
22 to the seismic retrofit requirements, asbestos, and other hazardous material abatement.

Section 903.2.23 903.2.22, CFC is added with the following to read as follows:

Section 903.2.23 903.2.22 Aggregate. The size or cost of additions and alterations used in calculating the size or replacement cost value formula shall not be cumulative with regard to individual additions or alterations in a building unless the following circumstance applies: Where When more than one (1) addition and/or alteration for which building permits are required are made submitted within a two (2) year period from the final closure date of the initial permit, the sum of the square footage or replacement costs of these additions and/or alterations during this two (2) year period shall be aggregated for the purpose of determining calculations in Section 15.20.083.”
MM. Section 15.20.085 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.085 Section 903.3.1.45 and 903.3.1.56, CFC is added - Additional Sprinkler Locations.

Section 903.3.1.45, CFC is added to read as follows:

Section 903.3.1.45 Additional Residential Sprinkler Locations. The installation of a residential fire sprinkler system shall conform to the following:

1. Sprinklers shall be required throughout carports and garages.

2. Sprinkler coverage shall be provided in the following locations:
a. Attic access openings
b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

Section 903.3.1.5, CFC is added to read as follows:

Section 903.3.1.6 Additional Commercial and Multi-family Dwelling Sprinkler Locations. Rooms or spaces which contain vehicle parking lifts or stacking systems shall be designed as an Extra-High Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level. -101-
23 Exception: Buildings classified as single-family dwellings.

NN. A new Section 15.20.088 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.20.088 Section 907.7 CFC is amended – Acceptance Tests and Certification Section 907.7 CFC is amended with the following:
907.7 Acceptance Test and Certification. Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72. New fire alarm systems installed in commercial and multi-family buildings shall be UL-Certified. Certificate shall be posted next to fire alarm control panel at time of final inspection.”
OO. A new Section 15.20.089 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.20.089 Section 4906 .3.1 CFC is amended Vegetation Management Section 4906.3.1 CFC is amended with the following:
4906.3.1 1. Delineation of the 30-foot (9144mm)100-foot (30.5) fuel management zones from all structures. The 100- foot zone will extend to the property line on parcels less than five (5)- acres. Parcels greater than five (5) acers will delineate the 30-foot , 100- foot zones around structures and the 100-foot vegetation management zone around the perimeter of the parcel as required by (HMC§ 15.21.100).”
PP. Section 15.20.090 of the Hillsborough Municipal Code is hereby amended as follows:
“15.20.090 Section 4906.4.2 Trees
Section 4906.4.2.1 is deleted in its entirety.”

15.20.090 - Section 5003.5, CFC amended—Hazard Identification Signs.

Section 5003.5.2, IFC is added to read as follows:
5003.5.2 Sign size and locations. Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel.

1.The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs shall not be placed on windows.

2.When NFPA 704 diamonds are required for the interior doors, the signs shall be applied to the doors at a level no higher than the doorknob. The -102-
24 signs for the interior doors shall be at least six inches by six inches (6" × 6").

3.The fire code official may require fewer or more NFPA diamonds if the building configuration or size makes it reasonably necessary.

QQ. Section 15.20.091 of the Hillsborough Municipal Code is hereby amended as follows:
“15.20.091 Section 4907.2 Defensible Space is amended
Section 4907.2 #4 is added

4. Land designated per HMC§ 15.21.070 shall provide fuel modification of combustible vegetation for defensible space as indicated in 2018 IWUIC and adopted with amendments in HMC§ 15.21
(a) All parcels less than fire (5) acres in size shall provide fuel modification to the entire parcel in accordance with HMC § 15.21”

15.20.091 - Section 5707, CFC On-demand mobile fueling operations.

Section 5707.4.3 is added to read as follows:

Section 5707.4.3 Adequate lighting. Adequate site lighting shall be provided for all mobile fueling operations which are performed in dim or dark outdoor conditions.

Acceptable means of lighting are flood or box lights which are self-standing or mountable.

RR. A new Section 15.20.092 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.20.092 Section 4907.3 is amended- Requirements
Section 4907.3 #5 is added
4907.3 #5 Hazardous vegetation and fuels around all buildings and structures shall be maintained in accordance with HMC§ 15.21”
SS. A new Section 15.20.093 of the Hillsborough Municipal Code is hereby added to read as follows (previously section 15.20.090):
“15.20.093 Section 5003.5,CFC is amended – Hazard Identification Signs Section 5003.5.2, IFC is added to read as follows:
5003.5.2 Sign size and locations. Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel. -103-
25 1. The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs shall not be placed on windows.

2. When NFPA 704 diamonds are required for the interior doors, the signs shall be applied to the doors at a level no higher than the doorknob. The signs for the interior doors shall be at least six inches by six inches (6"x 6").

3. The fire code official may require fewer or more NFPA diamonds if the building configuration or size makes it reasonably necessary.” TT. A new Section 15.20.094 of the Hillsborough Municipal Code is hereby added to read as follows (previously section 15.20.091):
“15.20.094 Section 5707, CFC On-Demand Mobile Fueling Operations Section 5707.6.5 is deleted in its entirety and replaced with the following:

Section 5707.6.5 Adequate lighting. Adequate site lighting shall be provided for all mobile fueling operations which are performed in dim or dark outdoor conditions.

Acceptable means of lighting are flood or box lights which are self-standing or mountable.”
Section 4. Severability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 5. Urgency Ordinance
This ordinance takes effect immediately upon its adoption pursuant to Government Code Section 36937(b) based on the recitals above and all information contained within the record.

Section 6. Posting.

This ordinance shall be printed and posted upon the three official bulletin boards of the Town of Hillsborough and shall be effective on January 1, 2023.

Section 7. Publication.

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 8. CEQA
-104-
26 The City Council finds that the changes made to the Uniform Codes are enacted to mitigate the threats posed to public peace, health and safety from snow and fire. Therefore, it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines.
__________________________________
Mayor of the Town of Hillsborough
______________________________
Attest: City Clerk
URGENCY ORDINANCE NO. ____ of the Town of Hillsborough introduced on November 28, 2022, and adopted on November 28, 2022, by the following vote of the City Council:

AYES: Councilmembers ______________________________
NOES: Councilmembers ______
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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Hillsborough City CouncilNovember 28, 2022

Hillsborough City Council
November 28, 2022