Agenda — Hillsborough City Council, January 9, 2023 (part 1 of 2)

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

A G E N D A
MONDAY, JANUARY 9, 2023
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
This City Council meeting will be conducted pursuant to 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:
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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 (4:30 pm)

CALL TO ORDER
Agenda – Hillsborough City Council
Monday, January 9, 2023

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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 Closed Session agenda.

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

PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
One Case – Town of Hillsborough v. Leininger, San Mateo Superior Court Action No. 22CIV04063
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Defendant – One Potential Case (see documents in agenda packet)

ADJOURN CLOSED SESSION
REGULAR CITY COUNCIL MEETING (6:00 pm)
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. MINUTES: November 28, 2022 and December 12, 2022
VI. PRESENTATION
• REMARKS BY FORMER COUNCILMEMBER LAURENCE M. MAY
• WINTER STORM UPDATE
• MAYOR’S APPLAUSE
VII. PUBLIC COMMENT I
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

Members of the public participating in person are requested to complete a yellow speaker card and submit it to the City Clerk Agenda – Hillsborough City Council
Monday, January 9, 2023

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

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

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

1. MONTHLY CLAIMS: DECEMBER 1 THROUGH DECEMBER 31, 2022 PURSUANT TO CEQA GUIDELINE 15378

2. QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT PURSUANT TO CEQA GUIDELINE 15378

3. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2022 PURSUANT TO CEQA GUIDELINE 15378

4. RESOLUTION APPOINTING A MEMBER TO THE FINANCIAL ADVISORY COMMITTEE FOR A PARTIAL TERM JANUARY 10, 2023 THROUGH DECEMBER 31, 2023 PURSUANT TO CEQA GUIDELINE 15378

5. APPROVAL OF THE APPLICATION FOR A NEW BANNER FOR THE

HILLSBOROUGH SCHOOLS FOUNDATION ANNUAL DINNER DANCE GALA FUNDRAISING EVENT PURSUANT TO CEQA GUIDELINE 15378

6. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE TEAMSTERS LOCAL 856 PUBLIC WORKS AND CLERICAL UNIT EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378

7. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE TEAMSTERS LOCAL 350 PUBLIC WORKS SUPERVISORS UNIT EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378

8. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF

HILLSBOROUGH AND THE HILLSBOROUGH POLICE OFFICERS ASSOCIATION EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378

9. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE UNREPRESENTED EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378 Agenda – Hillsborough City Council
Monday, January 9, 2023

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10. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361 AND CEQA GUIDELINE 15378

11. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH ODYSSEY POWER FOR GENERATOR
MAINTENANCE SERVICES IN A NOT-TO-EXCEED AMOUNT OF $104,544.00 FOR THREE YEARS PURSUANT TO CEQA GUIDELINE 15378

12. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO RENEW

THE ANNUAL MEMBERSHIP AGREEMENT WITH THE CALIFORNIA DATA COLLABORATIVE IN THE AMOUNT OF $15,000 WITH AN OPTION TO RENEW

MEMBERSHIP FOR AN ADDITIONAL TWO YEARS, FOR A NOT-TO-EXCEED AMOUNT OF $45,000 PURSUANT TO CEQA GUIDELINE 15301 AND 15378

13. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

A SECOND AMENDMENT TO THE EXISTING AGREEMENT WITH BROWN AND CALDWELL, INC. FOR WATER SYSTEM EMERGENCY ACTION PLAN CONSULTING SERVICES IN THE AMOUNT OF $9,985.00, FOR A TOTAL AGREEMENT AMOUNT OF $104,643.00 PURSUANT TO CEQA GUIDELINE 15301 AND 15378

14. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PENINSULA TRUCK REPAIR, INC. TO REPLACE THE

15. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AGREEMENT WITH BKF ENGINEERS FOR PROFESSIONAL SERVICES TO

DESIGN THE TOBIN CLARK WALKING TRAIL RESTORATION PROJECT FOR THE NOT-TO-EXCEED AMOUNT OF $116,678.00 PURSUANT TO CEQA GUIDELINE 15301; AND APPROVING A FISCAL YEAR 2022-23 BUDGET AMENDMENT IN THE

STREETS AND STORMWATER OPERATIONS FUND IN THE AMOUNT OF $116,678.00

16. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH GO NATIVE, INC. FOR OPEN SPACE VEGETATION MANAGEMENT IN THE AMOUNT OF $28,130.00 FOR ADDITIONAL SERVICES, FOR A TOTAL CONTRACT AMOUNT OF $491,419.00 PURSUANT TO

THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION

17. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AMENDMENT TO THE EXISTING AGREEMENT WITH AKEL ENGINEERING GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE 2022

HILLSBOROUGH WASTEWATER COLLECTION SYSTEM MASTER PLAN UPDATE IN THE AMOUNT OF $40,216.00, FOR A TOTAL CONTRACT AMOUNT OF $366,560.00 PURSUANT TO CEQA GUIDELINE 15306
Agenda – Hillsborough City Council
Monday, January 9, 2023

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X. PUBLIC HEARING

18. ADOPTION OF AN 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
XI. NEW BUSINESS

19. RESOLUTION ADOPTING THE 2023 SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378

20. RESOLUTION RATIFYING AND EXTENDING THE PROCLAMATION DECLARING

THE EXISTENCE OF A LOCAL EMERGENCY BY THE DIRECTOR OF EMERGENCY SERVICES PURSUANT TO CEQA GUIDELINE 15378

21. DISCUSSION OF POTENTIAL COUNCIL ACTIONS REGARDING THE CURRENT

WATER RATES THREAT OF LITIGATION, INCLUDING FORMATION OF A CITY

COUNCIL AD HOC SUBCOMMITTEE AND DIRECTION TO THE FINANCIAL ADVISORY COMMITTEE PURSUANT TO CEQA GUIDELINE 15378
XII. DISCUSSION

22. TREE PROTECTION GUIDELINES IN HILLSBOROUGH PURSUANT TO CEQA GUIDELINES SECTIONS 15061(B)(3), 15307, 15308, AND 15378

23. 2023 COUNCILMEMBER REPRESENTATIVES TO TOWN AND REGIONAL

ASSIGNMENTS
XIII. INFORMATIONAL

24. ANNUAL UPDATE ON TOWN-WIDE RISK ASSESSMENT

25. FY 2023-24 BUDGET PLANNING

26. CITY MANAGER'S UPDATE
Agenda – Hillsborough City Council
Monday, January 9, 2023

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

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

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

XVI. ADJOURNMENT
SPECIAL ACCOMMODATIONS:

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

ADDRESSING THE CITY COUNCIL:

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

AUDIO / VISUAL ADVISORY:

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

AUDIO OR VIDEO RECORDINGS:

Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.
1 Lisa Natusch
Subject: FW: Meeting
From: John Lockton
Date: December 16, 2022 at 4:51:48 PM PST
To: Christine Krolik <[email protected]>, Al Royse <[email protected]> Cc: David Marquardt , Kirk & Katie Syme
<[email protected]>
Subject: Fwd: Meeting
Christine and Al,
Thank you again for the meeting and the open discussion. And we applaud your decision to introduce a knowledgeable third party to the discussion. As promised, I will be separately emailing the pages from the Manual that deal with uniform (flat) rates.

Some follow on comments:

We moved off too quickly from the central point we are making.

Hillsborough is basing its rates on an accounting methodology that no court has said is valid and which the courts we are familiar with have said is invalid. We frankly don’t understand why Hillsborough is willing to put its neck and its coffers out to take that risk when virtual no other jurisdiction in California has been willing to take that risk, and those that have, and been sued, have lost.

Al, you mentioned two pending lawsuits dealing with cost of service studies like the one in Hillsborough. Our attorney is unfamiliar with them despite being much involved in prop 218 litigation. Please furnish us more information and we will look at them. The two recent prop 218 cases we are familiar with are KCSTVI, LLC v. Florin County Water District where Florin County lost at the Court of Appeals level, and second, the class action case in Santa Clara County where eighty different water districts, yes eighty, are being sued simultaneously for violating prop 218. I believe Hillsborough would have been a defendant in this second suit had Hillsborough not already been involved in a 218 suit. As we said, Hillsborough is a sitting duck with the highest tiering in California. Class action lawyers are pursuing prop 218 litigation all over California. Check it out. And even if our group doesn't proceed, a class action attorney will have no trouble finding at least one resident to bring suit against Hillsborough, one resident being all that is needed in class action litigation. I can assure you there are about as many people in Hillsborough very angry about their tier IV rates as there are people you mentioned, Al, angry about the fixed rates.
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Closed Session Item B
2 Back to the risk Hillsborough is taking in basing water rates on non court approved accounting methodology, when I was on the FAC the goal was always to protect the Town by being as conservative as possible in everything, particularly things financial. What the Town has done in water rates is a vast departure from that, venturing into unproven accounting territory and taking every resident of Hillsborough with it.

This needs to stop now.

Perhaps all that we should have done at the meeting was to point out the risk and said nothing further, let the Town decide on its own whether it wants to take a costly lawsuit to be able to be the first jurisdiction in California to get court approval for the new accounting methodology. All the follow on discussion of the Manual and Cost of Service study was helpful. But in a way irrelevant. Hillsborough will be sued if it does not get off its tiered rates and no amount of discussion will change that.

Having said that I will nonetheless move to some of our discussion. 1) Much of our talk was about whether capacity demands justify tier III and IV rates. However, in large part our lawsuit is going to be focussed on tier I. As the Geo Law letter pointed out it is as illegal to subsidize rates, plug them at below actual cost and spread cost to higher tiers, as to overcharge rates. Tier I has to be justified under prop 218 just like tiers III and IV. And I think you will agree it plainly can not be. We now buy water at $4.10 per unit with this price headed up. We will be charging residents $6.49. As you pointed out, Christine, Hillsborough has a very expensive water system. This very expensive water system could not possibly provide water to anyone at a cost of only $2 over purchase price of water from San Francisco. No court is going to buy this. Look at pricing of water in other municipalities that buy water from San francisco. You will see nobody offers water at anything like as low as the $6 price in Hillsborough and they have less costly water systems.

And to make matters worse for the Town’s court position regarding tier I, in establishing tier I the consultant departed substantially from the Manual. The Manual sets tier I at average annual water use, which for us would have meant a tier I rate of over $9. The consultant instead set tier I not at average water use as required by the Manual but lowest water use in the year, the intent being to have a very low rate for tier I and to shift the cost of subsidizing this very low rate to the higher tiers.

So when this gets to court the Town will not be able to use the Manual to justify its tier I rates.

To cover cost, tier I rates must be set at at least $9 per unit. To make this bitter pill easier to swallow perhaps you could significantly pull back on the fixed rates people are complaining about at same time as increasing the per unit rates to $9.
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3 2) I am not going to go back over the discussion of whether tier IV water use in winter causes actual cost to Town of over $18.00 per unit. (The Capistrano case does require “actual" costs on this issue, not costs imputed from the cost of tier IV use in peak periods.) However, there is clear confusion on something else, what you, Al, called excess or extraordinary capacity demand costs. I may not have your terminology correct but I think what you were referring to was the excess cost of infrastructure to meet excess demand that can come when something bad happens like a fire or earthquake. Hillsborough has a right to be proud of the extensive and expensive back‐up it has provided in all parts of the system as a matter of disaster preparedness. The reservoir you mentioned, Christine, is of course part of this. Who should pay the cost of this reservoir? Who should pay the cost of the excess capacity needed for the extraordinary/excess demand that might occur in fire or earthquake?
Consider what happens if Hillsborough does have a forest fire. Two 4000 square foot houses are on a street. One resident has lawns and a pool and has been paying at tier IV rates during the summer. The other resident normally pays at tier I rates. The extra water capacity in the system because of the extra capacity in Christine's reservoir saves both houses. Should the resident in the high water bill house pay three times as much toward the reservoir cost as a penalty for having higher water bills? That’s what the Cost of Service study does. The cost of the well engineered belt and suspenders system Hillsborough has put in to meet disasters is being disproportionally charged to larger users simply because of their larger water use even though every resident is being equally protected, and even though the larger water users day in day out water demands in no way relate to water demands in a disaster.

The larger user is being penalized for being a larger user not just in paying higher rates but in being charged a disproportionate part of the cost of disaster preparedness.

So, Al, in considering the cost to meet the extraordinary/excess demands you mention please break it apart from consideration of the question of costs being driven by large users' summer use. Disaster preparedness costs are to be spread to every resident equally as they benefit equally the small and large water user, not charged to the highest tiers.
3) Christine, we applaud your emphasis on fairness. We want fairness, too, and feel a flat/uniform rate is fair to everyone as pointed out in the pages of the Manual I will be sending you. At one point you said it is all a matter of arithmetic. Large users are using more of the system capacity so they should pay more. I may not have what you said exactly but something like that. The short answer is prop 218 relates to costs rather than determination of large and small user capacity use and you have to examine the capacity use and see if it generates cost. Accordingly we have a cost of service study, not a capacity utilization study. Fortunately -3-
4 or unfortunately the law does not allow us to apply simple arithmetic to capacity use to get to the necessary legal justification for prop 218 rates.

The long answer is that the costs in the system today are not being caused by capacity demands except for the emergency preparedness costs discussed above. It was not always the case. In the 70s and earlier the Town was in a development mode. (Don’t know the date of the last development, probably Sky Farm, but think it was early 70s). At that time infrastructure had to be added to increase system capacity. In fact capacity was overbuilt anticipating further population growth that did not occur, one of the reasons for the present tremendous excess capacity in the system. Anyway, tiered rates were put in in the 70s, and through those tiered rates larger users of water paid a disproportionate amount of the payoff of the cost of the capacity increasing infrastructure, which you would argue they should have because of their greater water demand. All that capacity increasing infrastructure was depreciated a long time ago. An all infrastructure adds since have been to maintain and upgrade the system or for emergency preparedness, nothing to expand the capacity of the system. So when you do the allocation you propose based on relative capacity demands of large and small users on the system you can’t find any costs being caused by large user demands as in the 70s.. With all the excess capacity large users are being served without any increase in costs to the system.

And prop 218 does not allow us to charge large users more unless their use causes “actual" extra costs.

Final point. I believe to pursue your idea of arithmetically determined capacity use based rates would probably require a new cost of service study.
4) Frankly, we feel the Town has been defrauded by its consultant.

When the Town had to consider new rates in the winter of 2016/2017, the earlier rates coming to an end, someone decided you wanted to continue with tiered rates despite the danger posed by the Capistrano case. So the consultant was not asked to consider the best rate approach for the Town (which with a Town with declining water demand would have been a uniform/flat rate.) Instead he was asked to justify the tiered rates of the Town, already the most tiered in California. For money consultants do what they are asked. This consultant took an accounting approach he admits in the Cost of Service study wasn’t designed to determine costs for tiered rates and created a piece of gobbledegook to meet the objective. I can show you that the Study was done to justify the tiers. The tiers were in general decided and then the consultant found a way with a lot of slide of hand to justify those tiers. The evidence is the consultant’s many departures from the Manual where necessary to justify the high tiering. So the Town is relying on an an unproven accounting methodology which in the Study has been rigged to meet a desired outcome of extreme tiering. -4-
5 So where are we? The most similar lawsuit to the lawsuit that will be brought against Hillsborough, the Glendale case, had the Town losing and our attorney is the successful attorney in that case. Next, the Town is clearly violating prop 218 in subsidizing its tier I $6.49 rate as well as in other ways. Next, the experimental accounting methodology being used by the Town has never been accepted by the courts and in fact has been held invalid. Next, the Manual on which the Cost of Service study is based does not cover costing of tiers of service and all the Town has behind its Cost of Service study is the creative accounting of the consultant. If I was still on the FAC I would be advising the Council to get off Cost of Service study based rates as fast as humanly possible.

We hope we can meet very soon with the third party. I will be here the first two weeks of January. We need to get this settled one way or the other very quickly. I say not as a threat but as a fact that the plaintiffs are not going to wait until anything like the June introduction date of the new rates, and once again say we will sue unless there is a move to flat/uniform rates.
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TOWN OF HILLSBOROUGH
San Mateo County
Alvin L. Royse, Mayor 1600 Floribunda Avenue
Christine Krolik, Vice Mayor Hillsborough, CA 94010
Marie Chuang, Councilmember www.hillsborough.net
Sophie Cole, Councilmember Phone 650-375-7400
Laurence M. May, Councilmember

UNAPPROVED MINUTES
MONDAY, 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 was conducted pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic. The City Council, staff and members of the public participated in the meeting virtually via Zoom Video Conference or in person at Town Hall.

CLOSED SESSION

CALL TO ORDER
Mayor Royse called the meeting to order at 4:17 p.m.

ROLL CALL

Present: Chuang, May, Krolik, Royse

Absent: Cole
Councilmember Cole joined the meeting in Closed Session.

PUBLIC COMMENT
There were no public comments.

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

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

A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency 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)

ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:58 p.m.

REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Royse called the meeting to order at 6:00 p.m.

II. ROLL CALL
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Unapproved Minutes – Hillsborough City Council
Monday, November 28, 2022

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Present: Chuang, May, Krolik, Royse

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

IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported regarding Closed Session Item A, the City Council provided direction to staff. Regarding Closed Session Item B, Diaz reported the City Council voted unanimously to reject the Hu claim at 1475 Tartan Trail, the Noeth claim at 400 Hillsborough Blvd. and the Pfeister claim at 2095 Ralston Ave. and reported the City Council voted unanimously to deny the application for leave to present a late claim for the Buchwald claim at 20 Live Oak Lane.

V. PRESENTATIONS
Mayor Royse announced that the presentation by Renne Public Policy Group (RPPG) would be deferred to a future meeting due to illness.
• FIREWISE PRESENTATION BY DAVID WEINBERG
Firewise Chair David Weinberg provided a presentation regarding 2022 Firewise activities and responded to City Council questions. Central County Fire Department Fire Marshal Christine Reed provided additional information. • PRESENTATION BY RENNE PUBLIC POLICY GROUP (RPPG)
The presentation by Renne Public Policy Group was deferred to a future meeting.

VI. PUBLIC COMMENT I
There were no public comments.

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

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

Councilmember Chuang requested to remove Item 3 from the Consent Calendar.

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

Regarding Item 1, Vice Mayor Krolik provided comments of appreciation to all of the applicants.

On motion by Councilmember May, seconded by Councilmember Chuang and unanimous on roll call vote with Councilmember Cole absent, Consent Calendar Items 1 and 2 were approved.

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
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Unapproved Minutes – Hillsborough City Council
Monday, November 28, 2022

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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 was adopted.

2. 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
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 was adopted.

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
Councilmember Chuang and Mayor Royse provided comments regarding the project.

On motion by Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote with Councilmember Cole absent, the resolution directing staff to submit a sub-application 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 was adopted.

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
Assistant Director of Building & Planning Tim Anderson and Central County Fire Department Fire Inspector Julie Parenti provided the staff presentation. Central County Fire Department Fire Marshal Christine Reed and City Manager Ann Ritzma provided additional information.

Mayor Royse opened the Public Hearing. There were no speakers. Mayor Royse closed the Public Hearing.

On motion by Vice Mayor Krolik, seconded by Councilmember Chuang and unanimous on roll call vote with Councilmember Cole absent, 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 -17-
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Monday, November 28, 2022

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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” was adopted with further reading waived, with an amendment to Chapter 15.03 as referenced on page 84 of the agenda packet to clarify the exception to fire sprinkler requirements between accessory structures and accessory dwelling units.

X. PUBLIC COMMENT II
There were no public comments.

XI. CITY COUNCIL ITEMS
Councilmember May expressed appreciation to the Town staff he has worked during his tenure on the City Council.

Vice Mayor Krolik reported her attendance at a meeting of the commute.org Board in which traffic levels and ridership on public transit were discussed.

Mayor Royse reported his attendance at a meeting of the SBWMA Board in which a new operator for the Shoreline Environmental Center was selected and reported his attendance at a meeting of the SFO Airport/Community Roundtable Ground-Based Noise Subcommittee.

City Manager Ann Ritzma reported the San Mateo County COVID-19 R-eff number was above

1.0 and announced the upcoming Hillsborough Beautification Foundation Light Up the Town event at Town Hall.

Mayor Royse expressed appreciation to the Public Works Department for their work on water main breaks during the Thanksgiving weekend.

XII. MAYOR'S APPLAUSE
Mayor Royse announced that the planned Mayor’s Applause item would be deferred to a future meeting.

XIII. ADJOURNMENT
Mayor Royse adjourned the meeting at 7:28 p.m.
-18-

UNAPPROVED MINUTES
MONDAY, DECEMBER 12, 2022
4:45 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
This City Council meeting was conducted pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic. The City Council, staff and members of the public participated in the meeting virtually via Zoom Video Conference or in person at Town Hall.

CLOSED SESSION

CALL TO ORDER
Mayor Royse called the meeting to order at 4:47 p.m.

ROLL CALL

Present: Chuang, Cole, Krolik, Royse

Absent: May
Councilmember May joined the meeting during Closed Session.

PUBLIC COMMENT
There were no public comments.

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

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

A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: Glenn Berkheimer and Kristin Armbruster Employee Organization: Hillsborough Police Officers Association B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff – One Potential Case
Oral Threat of Litigation Made by Mr. John Lockton at the September 26, 2022 City Council Meeting Regarding the Proposed Water Rates

ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:59 p.m.

REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Royse called the meeting to order at 6:03 p.m.
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Monday, December 12, 2022

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II. ROLL CALL

Present: Chuang, Cole, May, Krolik, Royse
III. PLEDGE OF ALLEGIANCE
Mayor Royse led the Pledge of Allegiance.

IV. REPORT FROM CLOSED SESSION
There was no Closed Session report.

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

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

Before proceeding with the City Council reorganization activities, Mayor Royse recognized elected officials and dignitaries present at the meeting in Council Chambers or virtually on Zoom including Supervisor Dave Pine, Katrina Rill on behalf of Congresswoman Jackie Speier, District Director Nicole Fernandez on behalf of Senator Becker and Assemblymember Mullin, former Mayor Kitty Mullooly, former Mayor Shawn Christianson, former Hillsborough School District Board Member Julie Borden, former Hillsborough School District Board Member Mary Ellen Benninger, and Hillsborough City School District Board Member An Huang Chen.

VI. MAYOR’S STATE OF THE TOWN
Mayor Royse presented the State of the Town.

VII. RECOGNITION:
• Councilmember Laurence M. May
Mayor Royse read a resolution of appreciation of Councilmember May.

Supervisor Dave Pine presented a resolution from the County of San Mateo Board of Supervisors in recognition of Councilmember May and provided comments of appreciation of his service.

Katrina Rill, on behalf of Congresswoman Jackie Speier, read an excerpt of the remarks entered into the Congressional Record for Councilmember May.

Councilmembers provided comments in recognition of Councilmember May’s accomplishments and in appreciation of his service.

Former Mayor Tom Kasten provided comments in recognition of Councilmember May’s accomplishments and in appreciation of his service.

Councilmember May provided brief comments, recognized members of his family at the meeting and stated he would attend the January City Council meeting to provide further remarks.
• Outgoing Mayor Alvin L. Royse
Vice Mayor Christine Krolik presented a ceremonial Mayor’s gavel to Mayor Royse in recognition of his service as Mayor.

Councilmembers provided comments in appreciation of Mayor Royse’s service as Mayor.

Mayor Royse provided outgoing remarks.
-20-
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Monday, December 12, 2022

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VIII. ADMINISTRATION OF OATH OF OFFICE:
• Councilmember-Elect Marie Chuang
Former Councilmember May provided comments and administered the oath of office to Councilmember-Elect Chuang and provided comments.

Councilmember Chuang expressed appreciation to former Councilmember May and took a seat at the dais.
• Councilmember-Elect Leslie Marden Ragsdale
Lindsay Ragsdale administered the oath of office to Councilmember-Elect Leslie Marden Ragsdale.

Councilmember Ragsdale took a seat at the dais.

Mayor Royse welcomed returning Councilmember Chuang and new Councilmember Ragsdale to the City Council.

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

Councilmember Cole nominated Christine Krolik for the position of Mayor. Councilmember Ragsdale seconded the nomination.

Hearing no additional nominations, Mayor Royse closed nominations.

By unanimous roll call vote, Christine Krolik was selected as Mayor.

X. ADMINISTRATION OF OATH OF OFFICE: Mayor
City Clerk Lisa Natusch administered the oath of office to Mayor Krolik.

Mayor Krolik took the center seat at the dais and presided over the remainder of the meeting.

XI. SELECTION OF VICE MAYOR
Mayor Krolik opened nominations for the position of Vice Mayor.

Councilmember Royse nominated Sophie Cole for the position of Mayor. Councilmember Ragsdale seconded the nomination.

Hearing no additional nominations, Mayor Krolik closed nominations.

By unanimous roll call vote, Sophie Cole was selected as Vice Mayor.

XII. ADMINISTRATION OF OATH OF OFFICE: Vice Mayor
City Clerk Lisa Natusch administered the oath of office to Vice Mayor Cole.

Vice Mayor Cole took a seat at the dais.

Mayor Krolik provided introductory remarks and expressed appreciation to staff, her family, fellow Councilmembers and Congresswoman Jackie Speier.

Vice Mayor Cole provided introductory remarks and expressed appreciation to staff and fellow Councilmembers.

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

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

XIV. PUBLIC COMMENT I
Larry Friedberg expressed appreciation to the City Council for their service.

Josh Amoroso, Board Member, HIP Housing, provided information regarding the services provided by the agency and regarding their 2022 housing calendar and provided copies of the calendar to the City Council.

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

XVI. CONSENT CALENDAR
Vice Mayor Cole requested to remove Item 6 from the Consent Calendar.

Councilmember Chuang requested to remove Item 8 from the Consent Calendar There were no requests from the public to remove an item from the Consent Calendar.

Mayor Krolik read the titles of the Consent Calendar items.

On motion by Councilmember Chuang, seconded by Councilmember Royse and unanimous on roll call vote, Consent Calendar Items 1, 2, 3, 4, 5, 7 and 9 were approved.

1. MONTHLY CLAIMS: NOVEMBER 1 THROUGH NOVEMBER 30, 2022 PURSUANT TO CEQA GUIDELINE 15378
The monthly claims for November 2022 in the amount of $4,274,817.44 were approved as submitted.

2. ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) TOGETHER WITH THE INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING FOR THE YEAR ENDED JUNE 30, 2022 PURSUANT TO CEQA GUIDELINE 15378
The Annual Comprehensive Financial Report for the fiscal year ended June 30, 2022 was accepted.

3. DIRECT STAFF TO IMPLEMENT RECOMMENDATIONS ON THE 2006A SERIES SWAP AGREEMENT TIED TO LIBOR PURSUANT TO CEQA GUIDELINE 15378 Staff was directed to implement recommendations on the 2006A swap agreement tied to LIBOR.

4. RESOLUTION ESTABLISHING THE LOCAL APPOINTMENTS LIST FOR CALENDAR YEAR 2023 PURSUANT TO CEQA GUIDELINE 15378
The resolution establishing the Local Appointments List for calendar year 2023 was adopted.

5. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361 AND CEQA GUIDELINE 15378
A motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361 and CEQA Guideline 15378, with acknowledgement that the California Department of Public Health has updated the definition of “close contact” in Regulation 3205 from being within six feet of another person to sharing the same indoor -22-
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Monday, December 12, 2022

Page 5 ends

space with another person for 15 minutes or more was approved.

6. RESOLUTION DECLARING THE TOWN’S EXEMPT AND NON-EXEMPT SURPLUS LAND, PURSUANT TO GOVERNMENT CODE § 54221(b); AND INVENTORY REPORT OF THE SAME, PURSUANT TO GOVERNMENT CODE § 54230(A)(1) AND CEQA GUIDELINES 15378 AND 15061(B)(3)
City Attorney Diaz responded to City Council questions.

On motion by Councilmember Cole, seconded by Councilmember Ragsdale and unanimous on roll call vote, the resolution declaring that the Surplus Properties are nonexempt surplus land, as defined in Government Code § 54221(b); and receive the filing of the Inventory List establishing the Town’s inventory of surplus land, pursuant to and in compliance with Government Code § 54230(a)(1) was adopted.

7. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND

AGREEMENTS WITH MIG, WRA AND LAMPHIER-GREGORY FOR ON-CALL

ENVIRONMENTAL CONSULTING SERVICES PURSUANT TO CEQA GUIDELINE 15378
The resolution approving and authorizing the City Manager to amend agreements with MIG, WRA and Lamphier-Gregory for on-call environmental consulting services in an amount not to exceed $50,000 per agreement was adopted.

8. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND

AN AGREEMENT WITH M-GROUP FOR PROFESSIONAL PLANNING SERVICES PURSUANT TO CEQA GUIDELINE 15378
Liz Ruess, Long-range Planning & Special Projects, responded to City Council questions.

On motion by Councilmember Chuang, seconded by Councilmember Royse and unanimous on roll call vote, the resolution approving and authorizing the City Manager to amend a multi-year agreement with M-Group for professional planning services was adopted.

9. INTRODUCTION OF AN 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; AND SETTING JANUARY 9, 2023 AS THE PUBLIC HEARING DATE FOR ADOPTION OF THE ORDINANCE CONSISTENT WITH GOVERNMENT CODE SECTION 50022.3; PURSUANT TO CEQA GUIDELINES 15061(B)(3) AND 15378
On motion by Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, the ordinance titled "An 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" was introduced with further reading waived, and January 9, 2023 was set as the public -23-
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Monday, December 12, 2022

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hearing date for adoption of the ordinance consistent with Government Code Section 50022.3.

XVII. PUBLIC HEARING

10. ADOPTION OF AN URGENCY ORDINANCE AMENDING CHAPTER 17.52 OF THE

HILLSBOROUGH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS PURSUANT TO CEQA GUIDELINE 15282
Liz Ruess, Long-range Planning & Special Projects, provided the staff presentation.

Attorney Todd Leishman, City Attorney Christopher Diaz, and City Manager Ann Ritzma provided additional information.

Mayor Krolik opened the Public Hearing at 8:54 p.m. There were no speakers. Mayor Krolik closed the Public Hearing at 8:54 p.m.

On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the urgency ordinance titled, "An Urgency Ordinance Amending Section

17.52 of the Hillsborough Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units Pursuant to CEQA Guideline 15282" was adopted with further reading waived.

XVIII. INFORMATIONAL

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

XIX. PUBLIC COMMENT II
There were no speakers.

XX. CITY COUNCIL ITEMS
Councilmember Ragsdale expressed appreciation to her daughter Lindsay Ragsdale for administering the oath of office and to Town staff for their support in the onboarding process.

Councilmember Royse expressed appreciation to the Hillsborough Beautification Foundation for the Light Up the Town event reported his attendance at a meeting of the SFO/Airport Community Roundtable.

Mayor Krolik expressed appreciation to the Hillsborough Beautification Foundation and Town staff for the Light Up the Town event, to Julie Borden for her service on the Citizens Communication Advisory Committee and to David and Twyla Weinberg and those who attended the meeting.

XXI. MAYOR'S APPLAUSE
Former Mayor/Councilmember Royse recognized Town staff for their service.

XXII. ADJOURNMENT
Mayor Krolik adjourned the meeting at 9:06 p.m.
-24-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: DECEMBER 1 THROUGH DECEMBER 31, 2022 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The monthly claims for the month of December 2022 in the amount of $5,203,100.51 are submitted for approval.

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

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

ATTACHMENTS: Monthly Claims Listing
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the monthly claims for December 2022 as submitted. -25-
a

TOWN OF HILLSBOROUGH

REPORT OF GOODS & SERVIGES PURCHASED
DURING THE MONTH OF DECEMBER 2022
PREPARED BY:

Alan Singh
-26-

GOODS & SERVICES PURCHASED

NET SALARIES & TAXES PAID

HEALTH BENEFIT PREMIUMS

BOND PAYMENTS

CCFD FUNDING

SAN FRANCISCO WATER PAYMENTS

TOTAL COST OF GOODS & SERVICES TO BE APPROVED

INA CE DI CTOR

TOWN OF HILLSBOROUGH

SUMMARYOF PURCHASES
DURING THE MONTH OF DECEMBER2022
TE
$3,087,556.24
939,76'1.79
161 ,691 .93
79,213.96
654,879.00
279,997.59
$5,203,100.51
a._€ l'3-z

CITY MANA DATE
-27-

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

Operations
Capital
Net Salaries & Taxes Paid
Health Benefit Premiums
Bond Payments
CCFD Funding
San Francisco Water Payments
Tolal
NOTES:

Operations -
Capital -
Bond -
2,491,190.10
596,366.14
939,761.79
161,691.93
79,213.96
654,879.00
1,880,236.54
866,308.96
916,092.15
150,713.75
25,697.30
602,441.00
1 ,373,906.13
797,436.17
883,072.O4
141,509.28
64,372.77
660,690.00
279 997.59 239 328.81 360 618.03
$s,203,100.51 $4,680,818.s1 ,281,604.42
FY 22123 spending is consistent with FY 21122 exceptfor tim ing payment to City of Burlingame for sewer treatment, as well as other various reoccurring payments.

Capital project spending in Decembet 2022 is primatily for the Sandra Hayne Storm Drain project, Sewer Priority Basins I & I Rehab, and Water Scada system lmprovements.

December Bond spending is higher than prior year due to higher variable rate of interest on lhe Town Certificates of Participation and timing of payment for standby bond commitment fees.

CCFD - FY 22123 conlribution is based on budgeucontract.

Water - There was an SFPUC wholesale water rate increase on July 1,202210 $4.75 (trcm $4.10, a 15.9 % increase). The increase from the prior year is primarily attributable to the rate increase as well as higher water usage.
-28-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2022
cK# VENDOR DESCRIPTION AMOUNT
2494 MEME COLLA REIMB-TRAVEL EXP WOMEN LEADERS LAW 9/10-15122PD 136.82 2495 CHRISTOPHER REY REIMB - TRAVEL EXP CCPOA CONF 9/20-23122PD 424.76 2496 RYAN MCGUIRE REIMB - TRAVEL EXP CCPOA CONF 9/20-23122PD 451.40 2498 JOSE ORTIZ REIMB - MILEAGE CANINE TRAINING SI2O-9I21PD 87.50 2499 JOEY WILLIAMSON REIMB - TRAVEL EXP RIMS CONF 1Ol12.14122PD 292.75 2500 CHRISTOPHER REY REIMB - TRAVEL EXP RIMS CONF 1O/12-14122PD 78.63 2501 DAVID YOUNG REIMB -MILEAGE FOR ACADEMY EVOC PD 124.88 2502 KARI PACHETTI REIMB - TRAVEL EXP RIMS CONF 1O/12-14122PD 84.27 10886 A & D AUTOMATIC GATE CO. REPAIR - GATE BUTTON STATION #33 PW 285.69 10887 ACTION TOWING AND ROAD SERVICE TOW - VEHICLE TO PD 341.00 10888 ADP, LLC NOV'22 MASTERTAX SOFTWARE SUPPORT FN 76.08 1 0889 AIXTEK NOV'22 IT MANAGEMENT SERVICE/MICROSOFT LIC IT 32,259.00 10890 ALHAMBRA & SIERRA SPRINGS JUI'22IAUG'22 WATER FN 33.46 10891 ALL FENCE COMPANY, INC. REPAIR - FENCE CRYSTAL SPRINGS PW 6,349.00 10892 ANN STAR FORMAN FEE - NOTARY SERVICES NOV'22 BP 45.00 10893 ARAMARK UNIFORM & CAREER UNIFORM CLEANING SERVICE PW 938.70 10894 ARCHIVESOCIAL, INC SOFTWARE - SOCIAL MEDIA RECORDS ARCHIVE PD 2,988.00 10895 BAY AREA WATER SUPPLY CONSERVE WATER LOSS CONTROL PROGRAM SEPT'22PW 4,475.00 10896 BIG STATE INDUSTRIAL SUPPLY, INC SUPPLIES - SPRAY PAINT PW 865.46 10897 BKF ENGINEERS A2 PHASE 2 DESIGN PRJ PW 2,430.O0
10898 BOSCO OIL COMPANY GAS/DIESEL MULTIPLE INVOICES PW/PD 17,249.98 10899 BURNETT LANDSCAPE DEVELOPMENT INC MAINT - DEC'22 HBF LANDSCAPE VARIOUS SITES REPAIR -773EL CERRITO STORM DRAIN PW
5,581.00
10900 CASEY CONSTRUCTION, INC. 5,985.25
10901 CITY OF SAN MATEO WWTP/CWP O&M QUARTER 1 FY 22-23PW 225,631.07 I 0902 CLEANSWEEP SERVICES, INC STREET SWEEPING SERVICE PW 1,653.00 10903 COMCAST OCT'22 CALNET NONCGEN LINE IT 4,255.89
1 0904 CONTI LLC MAINT - A/V SYSTEM IMPROVEMENTS IT 11,685.98 1 0905 CORE & MAIN LP PARTS - HYRANT VALVE/PIPESffUBING PW 4,734.96 1 0906 COUNTY OF SAN MATEO INFO SVC OCT'22 MICRO CHANNEL LINES PD 164.51 1 0907 CSG CONSULTANTS, INC. CIP ADMIN SEWER 1OI1I22-10128I22 & VARIOUS PRJ PW 121,578.50 1 0908 D&MTOWING, INC. TOW - CAR TO HILLSBOROUGH PD 285.00 1 0909 DU-ALL SAFETY, LLC NOV'22 - TESTING FEE PW 2,500.00 10910 ERLER & KALINOWSKI, INC SEWER CIP PHASE 1B ENG SUPPORT 21122PRJ 1,524.88 1091 1 FASTRAK LANE TOLL 10126122PD 11.80
10912 FEDERAL EXPRESS SHIP - CA ENERGY CHECK FN 44.39
10913 FLOCK GROUP INC EQUIP. FALCON CAMERAS PD 7,500.00 10914 FLOWATER EQUIP/INSTALL - WATER STATION BP 682.81
10915 FOLGER GRAPHICS, INC PRINT - QUARTERLY NEWSLETTERS Q4 2022CM 3,135.00 10916 G&E ENGINEERING SYSTEMS, INC HIGH LINE WATER CONNECTION PRJ PW 17,500.00 10917 HF&H CONSULTANTS, LLC SEPT 22IOCT'22 WATER RATE STUDY 2022W COS FN 5,183.50 10918 HINES EDM, INC OCT'22 DOCUMENT SCANNING BP 2,976.OO 10919 HOME DEPOT CREDIT SERVICES SEPT'22/OCT'22 VARIOUS PARTS & SUPPLIES PW 6,625.45 10920 HOWARD ROME MARTIN & RIDLEY LLP LEGAL SERVICES OCT'22 CM 94.00 10921 INFOSEND,INC OCT'22 UTILITY BILLING FN 1,240.96
10922 INTERWEST CONSULTING GROUP OCT'22 BUILDING INSPECTOR SERVICES BP 3,000.00 10923 JAMES WILLIAM NESS 2022BACK FLOW DEVICE TESTING PW 85.00 10924 JOANNE M. AKAY CATERING - SEPT'22/OCT'22 MANAGEMENT MEETING CM 775.00 10925 LANDTEK LANDSCAPE INC NOV'22 LANDSCAPE MAINT VARIOUS SITES HBF 2,516.00 10926 LUXOR FTOORS INC INSTALL- FLOORING FINANCE OFFICE PW 18,558.71 10927 MAGNET FORENSICS USA, INC TRAIN - 2023 SOFTWARE PASS PD 12,990.00 1 0928 MARK D HUDAK LEGAL SERVICES - OCT 2022 CM 2,141.95 10929 METROPOLITAN PLANNING GROUP INC CONSULT . OCT'22 PLANNER SERVICES BP 9,290.00 10930 NAPA AUTO PARTS . BURLINGAME SUPPLIES. WASHER FLUID PW 20.57 10931 NIXON PEABODY LLP FEE - NOV'22L,EGAL SERVICE SBPA AMENDMENT FN 7,500.00 10932 121 BELLA VISTA LLC REFUND - BUILD DEPOSIT BP 33,892.50 10933 ALBERT S WANG REFUND - BUILD DEPOSIT BP 12,869.50 -29-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2022
1 0934 ANH VAZQUEZ HATZOPOULOS REFUND - BUILD DEPOSIT BP 1,933.54 1 0935 CBW CONSTRUCTION REFUND - BUILD DEPOSIT BP 27,690.00 1 0936 CHRISTOPHER LAM REFUND - BUILD DEPOSIT BP 1,480.00 1 0937 MEEKS B VAUGHN JR REFUND - BUILD DEPOSIT BP 19,162.50 1 0938 MID-PENINSULA ROOFING REFUND - PERMIT FEE OVERPAY BP 835.74 10939 TOMTECH REFUND. PERMIT FEE OVERPAY BP 210.05
1 0940 DEANNA KUNG REFUND - WATER DEPOSIT FN 500.00
10941 EHSAN REZVAN REFUND - WATER DEPOSIT FN 386.46
10942 GIOVANNI BERTOLINIO REFUND - WATER DEPOSIT FN 282.82 1 0943 JASON LAU REFUND - WATER OVERPAY FN 86.16
10944 JOSE ALFREDO MALDONADO REFUND - WATER DEPOSIT/OVERPAY FN 629.17 10945 JOSEPH IMBELLONI REFUND - WATER DEPOSIT FN 176.12 1 0946 MARK D CISNEROS REFUND - WATER DEPOSIT FN 401.52 10947 PETER H LAM REFUND - WATER DEPOSIT FN 266.08
1 0948 SHAN LI REFUND. WATER DEPOSIT FN 165.87
10949 SHIXIN REFUND - WATER DEPOSIT FN 222.96
1 0950 SHIRLEY R DICKINSON REFUND - PERMIT FEE OVERPAY BP 436.28 10951 STEFANIE RODRIGUEZ REFUND - WATER DEPOSIT FN 16.80 109s2 PAKPOUR CONSULTING GROUP,INC 19/20 MARLBOROUGH TANK DESIGN PRJ PW 6,185.00 1 0953 PENINSULA UNIFORMS & EQUIPMENT, INC UNIFORM. SHIRTS PD 327.21 1 0954 PETERSON POWER SYSTEMS, INC. MAINT - BACKHOE #2PW 874.11 1 0955 PG&E 1OI 10122.1 1 17 122 MULT IPLE ACCOUNTS 12,815.17 10956 PLAN JPA OCT'22 DEDUCTIBLE ON CLAIMS 16,2'10.00
'10957 PRESIDIO SYSTEM, INC 2022 SEWER MAIN CLEANINGA/IDEO INSPECT PW 4,712.50 10958 R & A JANITORIAL SERVICE, LLC MAINT - WINDOW/LOBBY CLEANING TOWN HALL/PD PW 2,925.O0 10959 RENNE PUBLIC LAW GROUP LLP LEGAL RETAINER OCT'22 CM 4,000.00 10960 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - MULTIPLE INVOICES FN/PW 3,648.00 1096't SAN MATEO CO ENVIRONMENTAL SERVICEI FEE - STORAGE TANK CORP YARD PW 1,296.00 10962 SAN MATEO LOCK WORKS, INC TRACTOR KEYS PW 52.62
10963 SOUTHBAY REGIONAL PUBLIC SAFETY TRA1 TRAIN - DRIVING COURSE STAFF PD 2,350.00 10964 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 3,563.10 I 0965 TELECOMMUNICATIONS ENGINEER ASSOC NOV'22 COMM CENTERYBASE PD 2,345.50 1 0966 TIMBERLINE TREE SERVICE, INC. MAINT - TREE REMOVAL/TRIMMING PW 4,300.00 10967 TYLER TECHNOLOGIES, INC. TRAIN. ERP FINANCIAL SYSTEM 1OI31I22FN 1,600.00 10968 U.S. POSTMASTER REPLENISH POSTAGE PERMIT 5,000.00 10969 ULINE, INC. SUPPLIES. FOAM/SOAP DISPENSER PW 369.71 10970 UNITED LABORATORIES SUPPLIES - SEWER LIFT-ZYME PW 2,986.39 10971 UNITED STATES POSTAL SERVICE REPLENISH POSTAGE METER FUNDS FN 4,000.00 10972 USF FABRICATION, INC PARTS - VAULT LID PW 19,793.38 1 0973 UTILITY TELECOM, INC. NOV'22 ETHERNET & 3 CIRCUITS IT 419.39 10974 VERIZON WIRELESS 10t7t22-11t6t22 PD 1,527.90
10975 WILSEY HAM SANITARY SEWER EVALUATION PW 8,477.50
10976 WITMER-TYSON IMPORTS, INC SEPT'22/OCT'22 K-9 TRAINING PD 2,680.16 10977 WRA, INC EL CERRITO CREEK BANK PRJ 7I'1122.7129122PW 3,504.49 10978 CITY OF BURLINGAME JUN-SEPT'22 SEWER BILLING FY PW/LIBRARY CM 657,904.00 1 0979 PG&E 1016122-1 1 t3t22 MULTIPLE I NVOTCES 5,530.22 1 0980 R & A JANITORIAL SERVICE, LLC DEC'22 JANITORIAL SERVICES PW 10,093.72 10981 AIXTEK DEC'22 MANAGEMENT SERVICE/MICROSOFT LIC IT 38,469.91 10982 AMAZON WEB SERVICES, INC NOV'22. BACKUP STORAGE IT 2,838.12 1 0983 ANN STAR FORMAN FEE - NOTARY SERVICES NOV'22 PW 45.00 10984 ARAMARK UNIFORM & CAREER UNIFORM CLEANING SERVICE PW 938.70 10985 AT&T 1 0 124122-1 1 123t22 MULTr pLE ACCO UNTS 1,820.74 10986 BAY AREA WATER SUPPLY CONSERVE WATER LOSS CONTROL PROGRAM OCT 22'PW 6,737.21 10987 BEST BEST & KRIEGER LLP FEE - OCT'2zLEGAL SERVICE 138,334.76 1 0988 BOSCO OIL COMPANY GAS PD 2,540.81
1 0989 CALI FORNIA GENERATOR SERVICE DECOMMISSION GENERATOR/MAINT . GENERATORS PW 9,299.51 10990 CENTRAL COUNTY FIRE DEPARTMENT DEC'22 FISCAL CONTRIBUTION 654,879.00 10991 CITY OF BURLINGAME DEC'22 LIBRARY SERVICES CM 62,333.00 I 0992 CITY OF SAN MATEO DEC'22 LIBRARY SERVICES CM 21,690.36 1 0993 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICE MULTIPLE INVOICES PW 7,873.50 10994 COLUMBIA TELECOMMUNICATIONS CORP CONSULT - WIRELESS ENGINEER BP 1,200.00 -30-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2022
1 0995 COMCAST 11126122-12125t22 PD 427.24
1 0996 COMCAST NOV'22 CALNET NONCGEN LINE IT 4,255.89
1 0997 CRITICAL REACH 2023 ABPNET FEE PD 530.00
10998 DU-ALL SAFETY, LLC NOV'22 SAFETY CONSULT PW 843.75 1 0999 ENEL X WAY NORTH AMERICA, INC EQUIP - EV CHARGERS CORP YARD PW 1,202.70 I 1000 ERLER & KALINOWSKI, INC SEWER CIP PHASE 1C CM SUPPORT PW 2,426.00 1 1001 FASTRAK BRIDGE IOLL912712PW 12.00
11002 FLOCK GROUP INC EQUIP - FALCON CAMERAS PD 2,758.11 11003 FORTE PRESS PRINT - WATCHLIST FORMS PD 272.34
11004 FREDCO MARKETING PRINT - 2021 WATER QUALITY REPORTS/DOOR TAGS PW 10,521.57 11005 GLENN BERKHEIMER DEC'22 LABOR RELATIONS HR 1,700.00 1 1006 GO NATIVE, INC MAINT - VEGETATION MANAGE VARIOUS SITES PW 210,764.91 11007 GRAINGER TOOLS - SOCKET BIT PW 28.66
11008 GRANITE ROCK COMPANY MATERIALS - ASPHALT PW 373.63 1 1009 HINES EDM, INC NOV'22 DOCUMENT SCANNING BP 1,162.50 1 1010 HOME DEPOT CREDIT SERVICES EQUIP - REFRIGERATOR 1640 RENTAL PW 1,777 .27 11011 HOUSEAL LAVIGNE ASSOCIATES,LLC GENERAL PLAN/HOUSING ELEMENT OCT'22 B 12,714.00 11012 INFRASTRUCTURE ENGINEERING CORP ENGINEERING DESIGN DARRELL TANK PW 14,718.39 11013 INTERWEST CONSULTING GROUP NOV'22 BUILDING INSPECTOR SERVICES BP 2,000.00 11014 INTRADO LIFE & SAFETY SOLUTIONS CORP SOFTWARE - DISPATCH SUPPORT 11120122-11119123 PD 11,342.26 11015 JMB CONSTRUCTION, INC. SANDRA HAYNE STORM DRAIN REPLACE PRJ PW 28',t,433.46 't1016 LANDTEK LANDSCAPE INC DEC'22 LANDSCAPE MAINT VARIOUS SITES HBF 2,516.00 11017 LIEBERT CASSIDY WHITMORE OCT'22 LEGAL SERVICES CCFD HR 1,047.50 1 1018 MAYNE TREE EXPERT CO., INC. MAINT - TREE PRUNING MULTIPLE SITES HBF 2,400.o0 1 1019 OCCUPATIONAL HEALTH CENTERS OF CA EMPLOYEE PHYSICAL HR 118.00 11020 AMIT SINHA REFUND. BUILD DEPOSIT BP 13,278.50
11021 CLAYTON JUE REFUND - PERMIT OVERPAY BP 5,591.69
11022 CLAYTON JUE REFUND - PERMIT FEE VOID BP 10,522.O0 11023 ELIECORP REFUND - BUILD DEPOSIT BP 800.00
11024 KEVIN LI REFUND. BUILD DEPOSIT BP 3,870.30
11025 KEVIN LI REFUND - GRADE DEPOSIT BP 5,000.00
11026 NICK VITRO & REFUND. BUILD DEPOSIT BP 3,000.00
11027 NICK VITRO & REFUND - GRADE DEPOSIT BP 15,000.00
11028 PEGGY PAUSTENBACH REFUND - BUILD DEPOSIT BP 5,500.00 11029 WINGSPAN WIRELESS CONSULTING LLC REFUND - WIRELESS DEPOSIT BP 4,000.00 11030 MARVIN AGUILAR REIMB. EMPLOYEE PHYSICAL PD 240.00 11031 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR EXAM D2 STAFF PW 130.00 11032 PAKPOUR CONSULTING GROUP,INC 19/20 WATER MAIN REPLACE PRJ PW 5,781.00 1 1033 PENINSULA TRUCK REPAIR INC MAINT - MULTIPLE VEHICLES PW 28,275.64 1 1034 PETERSON POWER SYSTEMS, INC. MAINT. BACKHOE #E.4 /SKID STEER #E12PW 773.12 1 1035 PG&E 8111122 - 9111t22 47,401.98
1 1036 PRIORITY 1 MAINT - MULTIPLE VEHICLES PD 2,950.00 11037 QUENCH USA, INC WATER FI LTERATI ON SERVI CE 1 1 128122-12127 I 22 PD 77.66 1 1038 R & A JANITORIAL SERVICE, LLC NOV'22 JANITORIAL SERVICES PW 14,568.72 1 1039 REDWOOD GENERAL TIRE CO FEE - TIRE DISPOSAL PW 168.00 11040 RENNE PUBLIC LAW GROUP LLP LEGAL RETAINER JUN '22ISEPT 'Z2IOCT'22 CM 12,000.00 11041 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - MULTIPLE INVOICES FN/PW 10,391.49 11042 SAN MATEO LUMBER CO., INC SUPPLIES - VARIOUS ITEMS PW 709.10 11043 SECURITY INFORMATON SYSTEMS, INC SUPPORT . ALARM COMPUTER 512122.511123 PD 4,995.00 11044 SHARP ELECTRON ICS CORPORATION JUN'22 COPIER CHARGES BP 318.38 11045 SPOTLIGHT IMPRESSIONS, INC PRINT - EMPLOYEE NAME BADGE CO 39.38 1 1046 STANDARD INSURANCE COMPANY DEC'22 GROUP LI FEIADD/LTD ASSESSMENT 2,879.16 11047 STAPLES ADVANTAGE OFFICE SUPPLIES. ALL DEPARTMENTS 671.17 1 1048 STATE WATER RESOURCES CONTROL ANNUAL PERMIT FEE 7 I 1 122.6130123 PW 794.00 11049 THE PERMANENTE MEDICAL GROUP, INC EMPLOYEE PHYSICAL PD HR 897.00 11050 THOMSON WEST NOV'22 INVESTIGATIVE WEBSITE PD 1,01s.00 1 1051 TRUCKVAULT, INC PARTS. UTILITY DRAWER FORD F25O PD 5,282.00 11052 TURBO DATA SYSTEMS, INC. NOV'22 CITATION PROCESSING & SCANNER PD 1,564.0'1 1 1053 TYLER TECHNOLOGIES, INC TRAIN - ERP FINANCIAL/UB SYSTEM MULTIPLE INVOICE F]. 4,560.00 11054 U.S. POSTMASTER 1ST CLASS PRESORT/STANDARD MAIL PERMIT 22123FN 550.00 11055 ULINE,INC. SUPPLIES - 45 GALLON BINS/PLUGS PW 1,964.57 -31-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2022
1 1056 UNITED LABORATORIES SUPPLIES - SEWER LIFT-ZYME PW 2,986.77 11057 UTILITY TELECOM, INC. DEC'22 ETHERNET & 3 CIRCUITS IT 419.39 1 1058 VERIZON WIRELESS 10t11t22-11t10t22 PD 1,391.94
1 1059 WRA, INC CONSULT - EIR ASSESSMENT BP 4,253.25
1 1060 WRNS STUDIO FEE - TOWN HALL REDESIGN PRJ OCT'22 CM 142,500.00 1 1061 AFLAC OCT'22INOV'22 INSURANCE PREMIUM HR $3,333.74 TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $3,335,394.46 CALPERS RETIREMENT CONTRIBUTIONS 187,485.44
VISA PAYMENTS 25,678.77
RETIREE HEALTH REIMBURSEMENTS 79,329.28
JMB CONSTRUCTION RETENTION WIRE 114,547.29
TOTAL GOODS & SERVICES FOR THE MONTH $ 3,742,435.24
I
-32-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: Pursuant to Government Code Section 5922(a) and the Town’s Interest Rate Mitigation Policy, the quarterly report providing the status of all interest rate products is provided to the City Council for the quarter ended December 31, 2022.

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

ATTACHMENTS: Interest Rate Products Report for Quarter Ended December 31, 2022 PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Accept the Interest Rate Products Report for the quarter ended December 31, 2022
-33-
Information furnished by: JP Morgan
New York Client Valuations Tel. No. 302-634-1940
Client [email protected]
Maturity Date 6/1/2007 6/3/2030 6/1/2033 6/1/2035
Trade Date 5/10/2000 8/13/2003 8/13/2003 12/27/2005
Deal ID No. 50000438915 85002621 85002622 20008650/2180955 Notional USD 4,900,000 9,700,000 15,000,000 12,000,000
Current Notional USD N/A 4,200,000 7,800,000 7,305,000
Fixed Amounts (Town):

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

Floating Rate Option Actual Rate (see USD-Floating TBMA- USD-Floating TBMA- USD-LIBOR agreement for more BMA Muni Swap BMA Muni Swap
details) Index Index
Knockout Rate for 7% preceding 180-day 7% preceding 180-day Early Termination period (see agreement period (see agreement for details) for details)
Valuation
Date Total Date Moody's S&P Fitch
9/30/2008 (419,484) (722,615) (550,003) (1,692,102) 10/1/2008 P-1/Aa2 A-1+/AA- F1+/AA-/A+ 12/31/2008 (1,183,644) (2,049,897) (2,444,540) (5,678,081) 1/5/2009 P-1/Aa2 A-1/A+ F1+/AA-/A+ 3/31/2009 (1,149,701) (1,945,955) (2,032,780) (5,128,436) 4/1/2009 P-1/Aa1 A-1+/AA- F1+/AA6/30/2009 (842,134) (1,415,086) (1,104,413) (3,361,633) 7/1/2009 P-1/Aa1 A-1+/AA- F1+/AA9/30/2009 (1,099,229) (1,849,746) (1,346,383) (4,295,358) 10/1/2009 P-1/Aa1 A-1+/AA- F1+/AA12/31/2009 (865,603) (1,451,874) (816,530) (3,134,007) 1/4/2010 P-1/Aa1 A-1+/AA- F1+/AA3/31/2010 (851,408) (1,418,171) (897,357) (3,166,936) 4/1/2010 P-1/Aa1 A-1+/AA- F1+/AA6/30/2010 (1,136,987) (1,922,354) (1,634,350) (4,693,691) 7/1/2010 P-1/Aa1 A-1+/AA- F1+/AA9/30/2010 (1,366,509) (2,331,232) (2,043,047) (5,740,788) 10/4/2010 P-1/Aa1 A-1+/AA- F1+/AA12/31/2010 (974,369) (1,639,800) (1,243,449) (3,857,618) 1/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 3/31/2011 (868,872) (1,468,293) (1,076,946) (3,414,111) 3/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 6/30/2011 (974,847) (1,643,846) (1,285,908) (3,904,602) 7/5/2011 P-1/Aa1 A-1+/AA- F1+/AA 9/30/2011 (1,499,284) (2,636,285) (2,482,117) (6,617,686) 10/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 12/31/2011 (1,533,381) (2,709,039) (2,558,456) (6,800,876) 1/3/2012 P-1/Aa1 A-1/A+ F1+/AA 3/30/2012 (1,401,115) (2,431,019) (2,192,178) (6,024,312) 4/2/2012 P-1/Aa1 A-1/A+ F1+/AA6/29/2012 (1,617,993) (2,847,926) (2,680,723) (7,146,642) 7/2/2012 P-1/Aa3 A-1/A+ F1+/A+ 9/28/2012 (1,641,638) (2,875,433) (2,638,688) (7,155,759) 10/1/2012 P-1/Aa3 A-1/A+ F1/AA12/31/2012 (1,560,712) (2,722,942) (2,485,853) (6,769,507) 1/2/2013 P-1/Aa3 A-1/A+ F1/AA3/31/2013 (1,441,801) (2,506,027) (2,241,870) (6,189,698) 4/1/2013 P-1/Aa3 A-1/A+ F1/AA6/28/2013 (1,130,119) (1,943,435) (1,713,673) (4,787,227) 7/1/2013 P-1/Aa3 A-1/A+ F1/A+ 9/30/2013 (1,115,945) (1,920,828) (1,590,210) (4,626,983) 10/1/2013 P-1/Aa3 A-1/A+ F1/A+ 12/31/2013 (998,553) (1,708,818) (1,347,641) (4,055,012) 1/6/2014 P-1/Aa3 A-1/A+ F1/A+ 3/31/2014 (1,038,033) (1,810,668) (1,542,884) (4,391,585) 4/1/2014 P-1/Aa3 A-1/A+ F1/A+ 6/30/2014 (1,088,865) (1,918,485) (1,713,422) (4,720,772) 7/1/2014 P-1/Aa3 A-1/A+ F1/A+ 9/30/2014 (1,055,693) (1,889,773) (1,715,618) (4,661,084) 10/6/2014 P-1/Aa3 A-1/A+ F1/A+ 12/31/2014 (1,192,349) (2,188,502) (2,020,105) (5,400,956) 1/5/2014 P-1/Aa3 A-1/A+ F1/A+ 3/31/2015 (1,293,713) (2,406,256) (2,214,513) (5,914,482) 4/2/2015 P-1/Aa3 A-1/A+ F1/A+ 6/30/2015 (1,141,959) (2,082,368) (1,863,238) (5,087,565) 7/1/2015 P-2/A3 A-1/A F1/A+ 9/30/2015 (1,273,319) (2,358,476) (2,118,522) (5,750,317) 10/1/2015 P-2/A3 A-1/A F1/A+ 12/31/2015 (1,186,503) (2,219,563) (1,980,147) (5,386,214) 1/4/2016 P-2/A3 A-2/A- F1/A+ 3/312016 (1,405,646) (2,653,147) (2,341,019) (6,399,812) 4/1/2016 P-2/A3 A-2/A- F1/A+ 6/30/2016 (1,379,543) (2,660,832) (2,487,101) (6,527,477) 7/5/2016 P-2/A3 A-2/A- F1/A+ 9/30/2016 (1,286,228) (2,527,200) (2,410,562) (6,223,990) 10/3/2016 P-2/A3 A-2/A- F1/A+ 12/31/2016 (930,745) (1,806,589) (1,725,426) (4,462,760) 1/3/2017 P-2/A3 A-2/A- F1/A+ 3/31/2017 (865,259) (1,690,939) (1,644,055) (4,200,253) 4/3/2017 P-2/A3 A-2/A- F1/A+ 6/30/2017 (891,617) (1,757,121) (1,671,834) (4,320,571) 7/3/2017 P-2/A3 A-2/A- F1/A+ 9/30/2017 (860,037) (1,809,408) (1,659,192) (4,328,637) 10/2/2017 P-2/A3 A-2/A- F1/A+ 12/31/2017 (778,522) (1,567,891) (1,527,751) (3,874,165) 1/3/2018 P-2/A3 A-2/A- F1/A+ 3/31/2018 (633,638) (1,286,851) (1,278,149) (3,198,638) 3/30/2018 P-2/A3 A-2/A- F1/A+ 6/30/2018 (595,088) (1,216,696) (1,163,294) (2,975,078) 7/2/2018 P-2/A3 A-2/A- F1+/AAPresent Value (USD) JPMCB Credit Rating
Town of Hillsborough
Interest Rate Products Report
Quarter Ending December 31, 2022

COUNTERPARTY'S INFORMATION
-34-
Maturity Date 6/1/2007 6/3/2030 6/1/2033 6/1/2035
Trade Date 5/10/2000 8/13/2003 8/13/2003 12/27/2005
Deal ID No. 50000438915 85002621 85002622 20008650/2180955 Notional USD 4,900,000 9,700,000 15,000,000 12,000,000
Current Notional USD N/A 4,200,000 7,800,000 7,305,000
Fixed Amounts (Town):

COUNTERPARTY'S INFORMATION
9/30/2018 (534,733) (1,097,489) (1,043,198) (2,675,421) 12/2/2018 P-1/Aa2 A-1/A+ F1+/AA 12/31/2018 (625,075) (1,288,104) (1,221,955) (3,135,134) 1/2/2019 P-1/Aa2 A-1/A+ F1+/AA 3/31/2019 (677,905) (1,411,321) (1,351,819) (3,441,045) 4/2/2019 P-1/Aa2 A-1/A+ F1+/AA6/30/2019 (786,325) (1,650,809) (1,572,150) (4,009,284) 6/24/2019 P-1/Aa2 A-1/A+ F1+/AA 9/30/2019 (822,552) (1,771,411) (1,756,193) (4,350,156) 10/1/2019 P-1/Aa2 A-1/A+ F1+/AA 12/31/2019 (736,930) (1,578,670) (1,544,468) (3,860,067) 1/3/2020 P-1/Aa2 A-1/A+ F1+/AA 3/31/2020 (949,787) (2,103,166) (2,137,806) (5,190,759) 4/1/2020 P-1/Aa2 A-1/A+ F1+/AA 6/30/2020 (972,119) (2,149,787) (2,150,373) (5,272,279) 7/1/2020 P-1/Aa2 A-1/A+ F1+/AA 9/30/2020 (927,793) (2,058,093) (2,060,692) (5,046,578) 10/1/2020 P-1/Aa2 A-1/A+ F1+/AA 12/31/2020 (859,895) (1,903,968) (1,897,991) (4,661,854) 1/4/2021 P-1/Aa2 A-1/A+ F1+/AA 3/31/2021 (715,854) (1,549,271) (1,495,600) (3,760,725) 4/2/2021 P-1/Aa2 A-1/A+ F1+/AA 6/30/2021 (714,358) (1,607,392) (1,586,446) (3,908,196) 7/5/2021 P-1/Aa2 A-1/A+ F1+/AA 9/30/2021 (665,758) (1,506,012) (1,516,300) (3,688,070) 10/4/2021 P-1/Aa2 A-1/A+ F1+/AA 12/31/2021 (576,756) (1,339,484) (1,414,612) (3,330,851) 1/3/2022 P-1/Aa2 A-1/A+ F1+/AA 3/31/2022 (345,989) (839,384) (1,005,851) (2,191,225) 4/4/2022 P-1/Aa3 A-1/A+ F1+/AA 6/30/2022 (256,750) (624,581) (734,935) (1,616,266) 7/1/2022 P-1/Aa3 A-1/A+ F1+/AA 9/30/2022 (158,248) (408,921) (424,774) (991,943) 9/30/2022 P-1/Aa2 A-1/A+ F1+/AA 12/31/2022 (124,938) (336,474) (426,549) (887,962) 1/3/2023 P-1/Aa2 A-1/A+ F1+/AA Valuations set forth herein are numerically expressed in accordance with the following convention: a positive value indicates that JPMorgan is out-of-the-money, which means that if the relevant transactions were to be terminated at the valuations set forth herein, there would be a payment from JPMorgan to Town; likewise a negative value indicates that Town is out-of-the-money, which means if the relevant transactions were to be terminated, there would be a payment from Town to JPMorgan. -35-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2022 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: Government Code Section 5364(b) requires that the Quarterly Investment Report be rendered to the City Council during public session within 30 days of the quarter's end.

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

ATTACHMENTS: Quarterly Treasurer's Report
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the Treasurer's Report for the quarter ending December 31, 2022. -37-
Purchase Maturity Days to Amortized/Fair/ Coupon Valuation Issuer Type Date Date Maturity Cost Par Value Market Value Rate Yield Source LAIF On demand 63,650,328.47 63,650,328.47 62,425,757.38 1.3500% 1 Sec 115 Benefit Trust Company 5,039,121.05 5,039,121.05 5,039,121.05 1.9000% 3 Cash on Hand 8,300.00 8,300.00 8,300.00
Checking Account On demand 19,033,949.58 19,033,949.58 19,033,949.58 0.0100% 3 US Bank Custodial Account 91,396.55 91,396.55 91,396.55 0.0000% 4 Sub-total 87,823,095.65 87,823,095.65 86,598,524.56
INVESTMENTS: Cost Market Value
United States Treasury TN 10/29/2020 5/15/2023 135 199,937.50 200,000.00 196,704.00 0.1300% 3 United States Treasury TN 10/29/2020 10/15/2023 288 199,812.50 200,000.00 192,946.00 0.1300% 3 United States Treasury TN 6/11/2021 3/15/2024 440 200,250.00 200,000.00 189,602.00 0.2600% 3 United States Treasury TN 10/1/2021 9/30/2025 1004 196,062.50 200,000.00 179,578.00 0.2800% 3 United States Treasury TN 6/11/2021 8/31/2024 609 206,000.00 200,000.00 189,336.00 1.3200% 3 United States Treasury TN 3/18/2022 12/31/2026 1645 192,500.00 200,000.00 179,102.00 1.4000% 3 United States Treasury TN 3/18/2022 1/31/2027 1492 194,625.00 200,000.00 180,570.00 1.6600% 3 United States Treasury TN 12/8/2022 8/15/2026 1323 184,437.50 200,000.00 182,296.00 1.6500% 3 United States Treasury TN 12/8/2022 5/15/2026 1231 185,937.50 200,000.00 184,070.00 1.7700% 3 United States Treasury TN 7/19/2022 3/15/2025 805 193,210.94 200,000.00 188,984.00 1.8500% 3 United States Treasury TN 6/11/2021 7/31/2024 578 211,562.50 200,000.00 192,368.00 2.2100% 3 United States Treasury TN 4/16/2018 3/31/2023 90 413,962.50 415,000.00 413,053.65 2.5100% 3 United States Treasury TN 7/19/2022 11/30/2025 1065 198,570.31 200,000.00 192,438.00 2.9900% 3 United States Treasury TN 7/19/2022 7/15/2025 927 199,429.69 200,000.00 193,718.00 3.1000% 3 United States Treasury TN 12/8/2022 11/15/2025 1050 203,125.00 200,000.00 201,204.00 4.4700% 3 ALLY BK SANDY UTAH NCD 7/21/2022 1/21/2025 752 200,000.00 200,000.00 193,778.00 3.1000% 3 BMW BK NORTH AMER SALT LAKE NCD 6/18/2021 6/18/2024 535 250,000.00 250,000.00 234,800.00 0.3200% 3 ENERBANK USA UT NCD 4/30/2018 4/28/2023 118 250,000.00 250,000.00 249,005.00 2.9600% 3 HORIZON BK NATL ASSN IND NCD 5/4/2018 5/4/2023 124 250,000.00 250,000.00 248,952.50 2.9600% 3 Sub-Total 4,129,423.44 4,165,000.00 3,982,505.15
GRAND TOTALS $ 91,952,519.09 $ 91,988,095.65 $ 90,581,029.71 LEGENDS:

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

Prepared by: Rich Santiago, Assistant Finance Director
Date
Approved by: Jan Cooke, Finance Director
Date
Town of Hillsborough
Report on Cash and Investments Held As of Quarter Ended December 31, 2022

TYPE OF INVESTMENTS VALUATION SOURCE
DocuSign Envelope ID: 3E3D515C-168C-4EB9-8836-C9908D09B843 1/4/2023
1/4/2023
-38-
RECAP: Purchase Price % to Total TOH Restriction 1st Quarter* Year To Date LAIF Local Agency Investment Fund $ 63,650,328.47 69.2% None 214,820 449,962 TCD Time Certificate of Deposit - 0.0% None
NCD Negotiable Certificate of Deposit 950,000.00 1.0% None 1,543 6,486 TB Treasury Bills - 0.0% None
TN Treasury Notes 3,179,423.44 3.5% None 3,920 12,973
CP Commercial Paper - 0.0% None
BA Bankers Acceptances - 0.0% None
CA Checking/Sweep Account 19,033,949.58 20.7% None 3,081 3,777 CUS Custodian Account 91,396.55 0.1%
COH Cash on Hand 8,300.00 0.0% None
Section 115 Trust 5,039,121.05 5.5% None 25,403 54,844
Sub-total 91,952,519.09 100%
Trustee - Bond Funds
Bond Funds - Investments
Total $ 91,952,519.09 248,766 528,043
Maturity of 2 years and under 65,831,853.47 71.6% -
Section 115 Trust 5,039,121.05 5.5% -
CA Checking/Sweep Account 19,033,949.58 20.7% -
CUS Custodian Account 91,396.55 -
COH Cash on Hand 8,300.00 0.0% -
Sub-total 90,004,620.65 97.8%
Maturity from 2-5 years 1,947,898.44 2.1%
Sub-total - Town Funds 91,952,519.09 100%
Bond Funds
Trustee - Bond Funds
Total Portfolio $ 91,952,519.09
TOTAL INVESTMENTS $ 72,818,872.96
CASH/CHECKING/MMA 19,133,646.13

TRUSTEE BOND FUNDS -
91,952,519.09
*Estimate -
Investment Income
For Quarter Ending December 31, 2022

INVESTMENT RECAP

TOWN OF HILLSBOROUGH
DocuSign Envelope ID: 3E3D515C-168C-4EB9-8836-C9908D09B843 -39-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPOINTING A MEMBER TO THE FINANCIAL ADVISORY COMMITTEE FOR A PARTIAL TERM JANUARY 10, 2023 THROUGH DECEMBER 31, 2023 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 & Design Review Board (ADRB), Citizens Communication Advisory Committee (CCAC) and Financial Advisory Committee (FAC). 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 and also appoints applicants to fill unexpected vacancies for partial terms as necessary throughout the year.

On November 15, 2022, Financial Advisory Committee member Richard Kuersteiner resigned from his seat. The Town conducted a recruitment beginning November 15, 2022 with a deadline of 5:00 p.m. on Wednesday, November 30, 2022. The application deadline was extended to December 9, 2022 at 12:00 p.m. Recruitment efforts included posting of the notice on Town bulletin boards, on the Town website, on San Mateo and Burlingame Library bulletin boards, and inclusion in weekly e-announcements. One application was received.

Following the application deadline, the staff liaison (Finance Director) and Finance Commissioner conducted applicant interviews and discussed recommendations for appointments.

The Town recommends appointment of Roger Davis for a term January 10, 2023 through December 31, 2023.

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

ATTACHMENTS:

1. Resolution

2. Application Materials for Roger Davis
PREPARED BY: Lisa Natusch, City Clerk
-41-
Agenda Staff Report - Hillsborough City Council
January 09, 2023

Page 2 ends

RECOMMENDATION: Adopt the resolution appointing Roger Davis to the Financial Advisory Committee for a partial term January 10, 2023 through December 31, 2023. -42-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPOINTING A MEMBER TO THE FINANCIAL ADVISORY COMMITTEE FOR A PARTIAL TERM JANUARY 10, 2023 THROUGH DECEMBER 31, 2023 PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, one opening exists on the Financial Advisory Committee for a term expiring December 31, 2023 due to the resignation of Richard Kuersteiner on November 15, 2022; and
WHEREAS, the Town publicized the opening on November 15, 2022, accepted applications until 5:00 p.m. on Wednesday, November 30, 2022, and following an extended application deadline of December 9, 2022 at 12 p.m., the staff liaison (Finance Director) and Finance Commissioner conducted applicant interviews.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby appoints the following individual to the Financial Advisory Committee for term January 10, 2023 through December 31, 2023:

Name Committee
Roger Davis Financial 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 9th day of January 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-43-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVAL OF THE APPLICATION FOR A NEW BANNER FOR THE

HILLSBOROUGH SCHOOLS FOUNDATION ANNUAL DINNER DANCE GALA FUNDRAISING EVENT PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: On December 9, 2022, the Hillsborough Schools Foundation submitted an application for a new banner for their "Light up the Night" Annual Dinner Dance Gala which will be held in San Francisco on March 4, 2023. Hillsborough Municipal Code Section 5.16.040 requires that new banners for fundraising events be approved by the City Council. Hillsborough Municipal Code Section 5.16.020 defines a fundraising event as an event within the Town of Hillsborough; however, in the past, the Town has approved the hanging of banners in Hillsborough for fundraising events such as the Hillsborough Concours d'Elegance car show, a fundraising event held at the Crystal Springs Golf Course in San Mateo, and for Hillsborough Schools Foundation's Spring Soiree, an annual fundraising event for the Hillsborough City School District that is held outside of Hillsborough. Fundraising events for the Hillsborough Schools Foundation provide a public purpose to the broader Town of Hillsborough community through increased funding for the Town’s schools, the Town’s school children, and the entire Town by creating a more educated and enlightened resident base.

Pursuant to Hillsborough Municipal Code Section 5.16.040(F)5, the City Council may approve, reject or modify the applicant's request based on the effect on the public safety and welfare. The application and artwork for the banner are included in the City Council agenda packet.

The three foot by six foot banners are proposed to be posted at the Golf Course Drive/Black Mountain Road and Walnut Avenue/Floribunda Avenue banner locations. The Town's sign requirements specify that fundraising event signs may be put up no sooner than two weeks before the event begins and shall be taken down immediately after the event ends. The HSF has requested the Dinner Dance Gala banners be placed February 7, 2023, two weeks prior to the end of ticket sales for the event, and the signs would be removed February 21, 2023.

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

ATTACHMENTS: Application and Banner Artwork
-45-
Agenda Staff Report - Hillsborough City Council
January 09, 2023

Page 2 ends

PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Approve the application for the Hillsborough Schools Foundation Annual Dinner Dance Gala fundraising event banner.
-46-
4/20/2022
Town of Hillsborough
Sign Advertising for Fundraising Events
Application
Previously Approved  New Application  Fee Required 
City Council Approval Not Required  City Council Approval Required  Organization Name
Address City State Zip
Email Address
Phone Number
Description of Event:

Preferred Location(s) (select no more than two):

Walnut Avenue parking lot on Floribunda Avenue
Golf Course Drive/Black Mountain Road
Skyline Boulevard/Summit Drive
Dimensions Color
Materials
Date sign to be displayed (no sooner than 2 weeks before event):

Date sign to be removed (will be removed the day after event if no date indicated):

Received 12/9/22
X
-47-
LIGHT
up the night

HILLSBOROUGH SCHOOLS FOUNDATION PRESENTS
REGISTER BY 2/21 AT HSF.ORG
all proceeds benefit the hillsborough public schools
MARCH 4 | TERRA GALLERY

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE TEAMSTERS LOCAL 856 PUBLIC WORKS AND CLERICAL UNIT EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: This resolution memorializes changes in compensation for the Teamsters Local 856 Public Works and Clerical unit employees. An increase to all positions in the unit in the amount of

3.75% is included in the Memoranda of Understanding provisions, effective the first full pay period of January 2023.

Positions covered in the unit:

Accounting Technician
Administrative Assistant
Building Inspector
Building & Planning Technician
Lead Facilities Worker
Lead Maintenance Worker
Maintenance Worker
Office Assistant
Public Works Inspector
Senior Accounting Technician
Senior Building & Planning Technician
Senior Building Inspector/Plan Checker
FISCAL IMPACT: The cost for salary and benefits is estimated at approximately $31,697 and is included in the FY 2022-23 adopted budget.

ATTACHMENTS: Resolution
PREPARED BY: Kristin Armbruster, Human Resources Manager RECOMMENDATION: Adopt the resolution authorizing compensation adjustments for the Teamsters Local 856 Public Works and Clerical unit employees pursuant to CEQA Guideline 15378.
-49-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AUTHORIZING COMPENSATION ADJUSTMENTS FOR TEAMSTERS LOCAL 856 PUBLIC WORKS AND CLERICAL UNIT PURSUANT TO CEQA GUIDELINE 15378 WHEREAS, the Town of Hillsborough has determined that competitiveness of compensation for employee positions is an important factor in employee retention; and
WHEREAS, the Teamsters Local 856 Public Works and Clerical Unit provides methods for setting salaries in the unit that should be memorialized in a resolution; and
WHEREAS, the Memorandum of Understanding states that unit employee salaries shall be increased effective the first full pay period in January 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough authorizes the following changes in the Town’s compensation plan effective the first full pay period in January 2023:

Salaries for all positions in the unit shall be increased by 3.75%.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of January 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-51-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE TEAMSTERS LOCAL 350 PUBLIC WORKS SUPERVISORS UNIT EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: This resolution memorializes changes in compensation for the Teamsters Local 350 Public Works Supervisors unit employees. An increase to all positions in the unit in the amount of

3.0% is included in the Memoranda of Understanding provisions, effective the first full pay period of January 2023.

Positions covered in the unit:

Public Works Supervisor
Public Works Assistant Superintendent
FISCAL IMPACT: The salary and benefits cost is estimated at approximately $9,090 and the cost is included in the FY 2022-23 adopted budget.

ATTACHMENTS: Resolution
PREPARED BY: Kristin Armbruster, Human Resources Manager RECOMMENDATION: Adopt the resolution authorizing compensation adjustments for the Teamsters Local 350 Public Works Supervisors unit employees pursuant to CEQA guideline 15378.
-53-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AUTHORIZING COMPENSATION ADJUSTMENTS FOR TEAMSTERS LOCAL 350 PUBLIC WORKS SUPERVISORS UNIT PURSUANT TO CEQA GUIDELINE 15378 WHEREAS, the Town of Hillsborough has determined that competitiveness of compensation for employee positions is an important factor in employee retention; and
WHEREAS, the Teamsters Local 350 Public Works Supervisors Unit provides methods for setting salaries in the unit that should be memorialized in a resolution; and
WHEREAS, the Memorandum of Understanding states that unit employee salaries shall be increased effective the first full pay period in January 2023.

Salaries for all positions in the unit shall be increased by 3.0%.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-54-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

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

EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF

HILLSBOROUGH AND THE HILLSBOROUGH POLICE OFFICERS ASSOCIATION EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The Town has completed negotiations for a successor Memorandum of Understanding (MOU) with the Police Unit, represented by the Hillsborough Police Officers Association. The MOU provides a wage and benefit structure for the next four years. Some of the benefits include compensation adjustments, an increase to incentive pay, modification to cash in lieu of health insurance, increased wellness benefits, and an increase to the Retirement Health Savings benefit. A copy of the redlined MOU is included in the City Council agenda packet, which also includes clarification language for current processes.

Positions covered in the unit:

Code Enforcement Officer
Communications Officer
Community Service Officer
Lead Communications Officer
Police Corporal
Police Officer
Police Officer Trainee
Police Sergeant
Property Officer
Records Clerk
Records Supervisor
FISCAL IMPACT: The annual impact of the proposed MOU is $618,305 in year one. The adopted budget does not include the impact of the additional items in the MOU, and a budget amendment of $309,152 is proposed to cover the costs of the MOU from January through June 2023 in the FY 2022-23 budget.

ATTACHMENTS:

1. Resolution
-55-
Agenda Staff Report - Hillsborough City Council
January 09, 2023

Page 2 ends

2. Memorandum of Understanding (redline)
PREPARED BY: Kristin Armbruster, Human Resources Manager RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute the Memorandum of Understanding between the Town of Hillsborough and the Hillsborough Police Officers Association pursuant to CEQA Guideline 15378.
-56-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF

HILLSBOROUGH AND HILLSBOROUGH POLICE OFFICERS ASSOCIATION PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the Town of Hillsborough has recognized the Hillsborough Police Officers Association (Union) as the representative for employees in the Police unit:
and
WHEREAS, the Town of Hillsborough has completed bargaining in good faith with the Union resulting in a 4-year Memorandum of Understanding (MOU), which outlines salary and benefit changes; and
WHEREAS, the fiscal impact of the MOU requires a $309,152 budget amendment to cover the costs of the MOU from January through June 2023; and WHEREAS, the Town of Hillsborough desires to provide a competitive compensation package to the employees of the Police unit.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough does hereby approve and authorize the City Manager to execute the Memorandum of Understanding between the Town and Hillsborough Police Officers Association.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-57-
ATTACHMENT 1

Page 1 of 33 ends

Town of Hillsborough and Police Unit
Memorandum of Understanding 20202023-20222026
Table of Contents To be updated
I. General
Section Page

1. Bargaining Unit 3

2. Management Rights 3

3. HPOA Rights 4

4. Maintenance of Membership 4

5. Union Representative 5

6. Personnel Files 5

7. Separability 6

8. Sole and Entire Agreement 6

9. No Discrimination 6

10. Definitions 6
II. Compensation

11. Salary 7

12. Work Hours 7

13. Call Back Pay 9

14. Uniform Allowance 9

15. Acting Out-of-Class Pay 9

16. Special Assignment Pay 10

17. Canine Care and Maintenance Pay 11

18. Education Pay 12

19. Bi-lingual Pay 12

20. Shift Differential 12

21. Annual Sick Leave Incentive Payment 13

22. Unused Sick Leave Payment at Retirement 13

23. Court Time 14
III. Benefits

24. Health Insurance 14

25. Retiree Health Savings Account 16

26. Disability Income Protection Insurance 17

27. Dental and Vision Insurance 17

28. Life Insurance 17

29. Retirement 17
-58-
ATTACHMENT 2
Memorandum of Understanding
Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

Page 2 of 33 ends

Section Page

30. Military Leave 18

31. Jury Duty 18

32. Sick Leave 18

33. Death or Critical Illness in Immediate Family 19

34. Industrial Disability Benefits for Non-Sworn Employees 19

35. Family Medical Leave 19

36. Vacation 20

37. Holidays 20

38. Tuition Reimbursement 21

39. Wellness 21
IV. Employment

40. Probation 22

41. Attendance 22

42. Discipline 22

43. Pre-disciplinary Hearings 23

44. No Strike Clause 23

45. Grievance Procedure 23

46. Letters of Reprimand 26

47. Layoff 26

48. Reinstatement 26

49. Safe Staffing 27

50. Safety Equipment 27
V. Term
Term 27
Appendix A
Salary Schedule 28
-59-
Memorandum of Understanding
Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

Page 3 of 33 ends

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE TOWN OF HILLSBOROUGH
AND

HILLSBOROUGH POLICE OFFICER ASSOCIATION
January 1, 2020 2023 - December 31, 2022 2026
The Memorandum of Understanding (“MOU”) between the Town of Hillsborough (“Town”) and Hillsborough Police Officer Association (”HPOA”) for the period January 1, 2020 2023 through December 31, 2022 2026 shall read as follows:

I. GENERAL

1. Bargaining Unit
The bargaining unit shall include all police department employees assigned to the following classifications:
• Police Officer
• Corporal
• Sergeant
• Communications Officer
• Police Records Supervisor
• Code Enforcement Officer
• Community Service Officer
• Police Officer Trainee
• Property Officer

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

Any of the rights, powers, authority and functions that the Town possessed prior to the execution of this MOU are retained by the Town except as specifically limited by this MOU.

Nothing in this section shall be construed to excuse the Town from its obligation to meet and confer with the HPOA regarding any subject or matter not set forth in this section where required to do so by statute.

Formatted: Indent: Left: 1"
-60-
Memorandum of Understanding
Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

Page 4 of 33 ends

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

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

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

List of Unit Employees
The Town shall furnish the HPOA with the names, initial rate of pay, classifications and dates of hire of employees newly assigned to the unit and employees leaving the unit upon request.

4. Maintenance Of Membership
All employees within the bargaining unit represented by the HPOA may voluntarily join the Association and pay dues as determined by the Association. It shall be the responsibility of the Association to maintain a record of employees who have given their written consent to join and pay dues to the Association. The Association shall certify to the Town the amount of such payroll deduction to be deducted.

The Town agrees to deduct the periodic payroll deduction from the paycheck of each employee who is certified by the Association. All sums deducted by the Town shall be remitted to the Association in an expedient manner, together with a list of names of each employee for whom a deduction was made.

The Town will implement any changes to an employee’s payroll deduction in the first full pay period following notification of such change by the Association.

If an employee in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the Town shall direct the employee to the Association. Any such dues deduction -61-
Memorandum of Understanding
Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

Page 5 of 33 ends

revocation, cancellation and/or change shall only be effective when submitted by the Association directly to the Town and is subject to the terms and conditions as set forth in the original payroll deduction/authorization.

The Town shall not be required to collect any special assessments or similar short-time changes in rate. Initiation fees will not be considered a special assessment.

The HPOA shall indemnify and hold the Town, its officers and employees harmless from any cost of liability resulting from any and all claims, demands, suits or any other action arising from the operation of this provision or from the use of the monies remitted to the HPOA, including the costs of defending against any such actions or claims. The HPOA agrees to refund to the Town any amounts paid to it in error.

New Employee Orientation
The Town shall provide the Association with advance notice of the start date of any new hire in a represented classification. The Town shall provide the Association with up to thirty (30) minutes to meet with any new employee or group of employees covered by this Memorandum of Understanding. The specific date, time and location of the meeting will be coordinated by the Chief of Police or designee, and the President of the Association.

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

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

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

6. Personnel Files
An employee, or on presentation of written authorization from the employee, an employee’s representative, shall have specific access to the employee’s personnel file upon request and reasonable convenience of the Human Resources Department. Documentation in the personnel file relating to the investigation of a possible criminal offense, background information on the employee and letters of reference may be specifically excluded from the inspection and review of the employee and/or the employee’s representative. Personnel files may only be reviewed in the presence of a designated employee of the Human Resources Department. The Town will provide -62-
Memorandum of Understanding
Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

Page 6 of 33 ends

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

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

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

9. No Discrimination
There shall be no discrimination by either the HPOA or the Town on any basis prohibited by state or federal law or on account of any legitimate union activity.

10. Definitions
Business Day - Mondays through Fridays excluding holidays.

Business Hours - 8 a.m. to 5 p.m.

Dependent - Spouse, domestic partner registered with the Secretary of State of California, and children of employee up to age 23 if a full time student for dental/vision or age 26 for medical, or children designated as dependent by Social Security.

Regular Employee - Employees who successfully completed a probation period.

Regular Hourly Rate - Employee’s annualized salary including incentives divided by 2080 hours.

Shift- Officers, Corporals, Sergeants: 12 hours
DispatchersCommunication Officers: 12 hours
Detectives Investigations: 4 - 10 hour shifts
Code Enforcement, Community Service Officer, Records: 5 – 8 hour shifts
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Other staff: 80 hours per pay period
Nothing in this Section shall restrict the Chief of Police (or their designee) and individual employees from mutually agreeing to an alternative (or flexible) work schedule, as long as it is in compliance with the Town’s Alternative Work Schedule Program, and it provides an employee 80 hours of regularly scheduled work per pay period.

II. COMPENSATION

11. Salary
Salary increases
Effective with the first full pay period in January of 20202023, the Town shall increase the salaries of all positions in the unit by 3.025%.

Effective with the first full pay period in January of 2021 2024, 2025 and 20222026, salaries of all positions in the unit shall be increased by a rate equal to the average of the previous 12 months (October to October) of the Consumer Price Index “All Urban Consumers” for the San Francisco/Oakland Area (information available from the Bureau of Labor Statistics by December

1. This increase shall not exceed a maximum of 5.25% or a minimum of 2.5%, and shall be rounded to the nearest 0.1%.

Prior to October 25, 2024, the Town will provide to the Association a Salary Survey for the classifications of Police Officer, Police Corporal and Police Sergeant (produced in the same manner as it was in 2022). The parties will meet regarding the potential implementation of the results of the Salary Survey.

When considering salary, the following jurisdictions will be included for comparison:

Burlingame, San Mateo, San Bruno, Redwood City, Belmont, Foster City, San Mateo County Sheriffs.

The following classifications shall receive an equity adjustment the first full pay period in January 20202023:
• Communications Officer I – 3.01.9%
• Communications Officer II – 3.01.9%
• Community Service Officer – 23.5%
• Records Supervisor – 1.06.6%
• Code Enforcement Officer – 6.4%
• Police Trainee – 7.3%
• Police Officer – 2.85%
• Corporal – 3.6%
• Sergeant – 2.4%
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The following classification shall receive an equity adjustment the first full pay period in January 2024:
• Police Officer Trainee – 7.3%
The following classification shall receive an equity adjustment the first full pay period in January 2025:
• Police Officer Trainee – 7.3%
•
Step Assignments
New employees will be appointed at step “A”. The City Manager can approve the appointment of a candidate at a higher step in the range. Upon successful completion of 12 months of service the Police Chief shall recommend to the City Manager the advancement of the employee’s salary to step “B”. Every 12 months thereafter following a performance evaluation, the Police Chief shall make a recommendation regarding the employee’s advancement to the next step in the salary range. To receive a recommendation for advancement to the next step, the employee must receive an average or above average rating.

In recognition of an exemplary performance evaluation, the Police Chief can recommend at any time to the City Manager that an employee’s salary be adjusted to the next step in the range. Such step advancements cannot be given more than once in a fiscal year.

An employee who is promoted to a higher rank shall be appointed to a step in the new salary range that is higher than the employee’s step current compensation, including Master Officer pay, in the previous rank (excluding education, canine and special assignment pays).

12. Work Hours
Employees are assigned to work 80-hours per pay period. Work assignments are from 8-12 hours in duration. Minimal interruption (approximately 10 minutes or less) during regularly scheduled time off to respond to text messages, email or phone requests to work overtime or other schedule modifications such as training, meetings, etcetera does not count toward paid hours worked.

Overtime
All members of the unit who work in excess of their regularly scheduled 12-hour shift or work in excess of 80 hours in the work period shall be compensated at an overtime rate equal to one and one-half times the employee’s regular rate of pay or the equivalent in Compensatory Time Off (CTO) time for each hour worked.

The employee shall have sole discretion in determining whether overtime is received in pay or CTO, provided the maximum CTO accumulation has not been obtained.

The Parties agree to establish a joint labor/management committee to develop an Overtime Staffing Formatted: No bullets or numbering
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Procedure. The Parties shall designate committee members of their own choosing. The Committee shall include 2 representatives from the POA, 2 representatives from the Town and may include a representative who arewas hired by each Party for MOU negotiations.

The HPOA will form a committee with Department management to create an overtime assignment policy and procedure.

The maximum allowable accumulation of CTO is 100 hours. Employees who exceed the 100 hour maximum will be paid in cash for all overtime worked.

In the event of a declared disaster, any time worked past the employee’s regular shift shall be paid as overtime and cannot be banked as comp time.

Off Shifting
Employees shall receive 7 days advance notice of any changes to their schedule due to training, special events or other administrative assignments that can be reasonably anticipated a week prior to their occurrence.

If an employee does not receive 7 days advance notice, he or she shall be paid at the overtime rate for hours worked outside their regularly scheduled shift.

Training
The Town shall account for training hours in a manner that provides for the employee with the ability to earn his or her 80-hour/pay period salary. At the Police Chief or his/her designee’s sole discretion, depending on the time and location of a training class, employees may be asked to return to work for the completion of their 12-hour work shift, or be released from work for the balance of their shift with pay.

Shift Trade
Employees can “pay” for a shift trade with accrued vacation hours. The employee giving up the shift will transfer 12 hours of accrued vacation to the account of the employee working the shift.

No more than 12 hours can be used. Amounts of less than 12 hours can be used when only a partial trade is made.

13. Call Back Pay
Compensation for call back shall be earned at a minimum of three (3) hours and shall be compensated either in pay or compensatory time at the overtime rate. The employee will be compensated for no more than one (1) hour travel time to work. Travel time shall be considered part of the three (3) hour minimum (employees are not compensated for travel time from work).

This does not apply to staying over at the end of the shift.

14. Uniform Allowance
Uniform allowances shall be paid in accordance with PERS guidelines, currently in an equal Formatted: Strikethrough
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amount each bi-weekly paycheck. Allowances are as follows:

Positions Allowance
Sworn $1000
Non-Sworn $625
The Town will continue to provide uniforms to new employees. Uniform allowance will begin in the month following the employee’s 12th month of service.

Employees on unpaid or non-industrial disability leave will receive a prorated uniform allowance as described above.

15. Acting Out-Of-Class Pay
Sergeants assigned to serve temporary assignments of 80 hours or more as Lieutenant shall receive the higher of 10% out-of-class pay or bottom step of the Lieutenant scale.

The use of Corporals as “Acting Watch Commanders” on shifts when there is no Sergeant assigned or available will be as follows:

1. For regularly scheduled absences by a Sergeant such as vacation or training, the vacancy will be filled by the Corporal.

2. In instances of an unscheduled, unanticipated absence of a Sergeant (less than 24 hour notice) a Corporal will be used to fill the Sergeant vacancy if there is a Corporal regularly assigned to the shift wherein the vacancy occurs.

3. If a Corporal is not regularly assigned to the shift where a Sergeant vacancy occurs, Sergeants will be called first in Seniority order and then the Corporals will be called in seniority order on a rotating basis to fill the vacancy.

4. For long term absences, Corporals can volunteer to be off shifted to fill the long term vacancies if they desire. Assignment is subject to the Police Chiefs approval.

Corporals will only receive “Acting Watch Commander” pay when actually assigned as the “Acting Watch Commander.” Acting Watch Commander pay is calculated as Sergeant, Step C on the salary schedule, with the Corporal’s current education pay percentage applied to it.

The use of other personnel as “Acting Watch Commander” is prohibited unless approved by the Police Chief.

15.1 Officer-level Field Training Officer
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length of the assignment is at the Police Chief’s discretion. Once the Officer completes FTO School, he/she will be eligible to receive special compensation, as described below, for the time assigned as an FTO for a recruit Officer.

Compensation for time spent in an FTO capacity (active supervision, training, documentation, etc.) is calculated at their current hourly rate multiplied by 1.05 to equal a five-percent increase in hourly compensation.

15.2 Officer-level Field Training Officer
A Police Sergeant may be designated by the Police Chief to manage the Field Training program. The length of the assignment is at the Police Chief’s discretion.

The assigned Police Sergeant shall receive special assignment pay for time spent managing the Field Training program, calculated at their current hourly rate multiplied by 1.025 to equal a two and one half percent increase in hourly compensation.

16. Special Assignment Pay
Employees assigned by the Police Chief to duties that require specialized training are eligible to receive special assignment pays as follows:

Assignment Premium Pay
Training Dispatcher $44 50 for each shift worked
The Police Chief has sole discretion as to the timing and number of employees to be assigned to specialties. Employees who are on an unpaid or non-industrial disability leave for the duration of an entire pay period shall not have special assignment pay calculated in their regular hourly rate.

The total amount of all assignment pays received by an employee at one time, excluding FTO compensation and Bilingual Assignment Pay shall not exceed 5% of the base rate.

17. Canine Care and Maintenance
Canine care and maintenance pay is offered to employees for the time spent providing for the care Assignment Additional Percentage of Base Pay
Motorcycle 5%
DetectiveInvestigations 5%
Swat 5%
Crime Prevention
Specialist
5%
Canine Pay 5%
School Resource
Officer
5%
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and maintenance of police dogs that work in the service of the Department. Care and maintenance includes the feeding, grooming and exercising of the dog, as well as hours spent cleaning kennels and performing other duties related to the care of the police dog.

The establishment of a separate rate of pay is provided for in 29 C.F.R. Sec. 778.419, which establishes regulations for implementation of the Federal Fair Labor Standards Act.

Because hours worked in canine care and maintenance are in excess of the 80 hours in the employee’s work period, the employee will be paid minimum wage (currently $12.00 per hour) at the overtime rate for 8.333 hours per pay period.

Total hours worked providing care and maintenance and related work shall not exceed 8.333 hours per bi-weekly period (approximately 35 minutes per day) without specific approval of the employee’s supervisor.

There shall be no compensation for any other hours of incidental contact, travel time, or for damage the dog may cause at the employee’s home. Such work shall be performed at the employee’s home at the employee’s convenience.

Employees shall continue to receive their regular rate, which has been established for their primary work assignment as Police Officer, Corporal or Sergeant and shall receive overtime for their noncanine care and maintenance hours. Hours worked in the separate canine care and maintenance duties shall not create eligibility for overtime for non-canine work hours.

Only those employees assigned to canine care duties by the Police Chief shall be eligible for canine care and maintenance pay. Canine care and maintenance pay shall terminate as soon as the dog is removed from the employee’s care or the dog is retired from active service by the Police Chief.

The Town shall not compensate employees for the care and maintenance of a police dog retired from active service by the Police Chief.

18. Master Officer Program
Effective the first full pay period in January 2024, the Town will establish a Master Officer Program for employees in the Police Officer, Police Corporal and Police Sergeant classifications.

The minimum qualifications to be eligible for the Master Officer incentive are:
• Possession of an Advanced POST Certificate
• Completion of 38 hours of Crisis Intervention Training • Completion of 60 college units or more
• 8 years of law enforcement experience
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• A minimum of 5 years of law enforcement experience (as a Police Officer, Police Corporal and/or Police Sergeant) with the Town of Hillsborough. • Must have at least a total of 3 years of experience in 2 of the following special assignments with the Town of Hillsborough:
o Traffic/Motorcycle
o Major Accident Investigations Team
o Tactical Team
 SWAT
 CNT (Crisis Negotiation Team)
o Investigations
o School Resource Officer
o Training Officer (Firearms Instructor, Defensive Tactics, Weaponless Defense) o Crime Prevention Specialist
o Canine Handler
o Field Training Officer
• Have a performance evaluation rating in all categories that meets standards for the period most recently evaluated.
• If an employee receiving Master Officer pay receives a performance evaluation with a rating of Needs Improvement in any category, the Master Officer pay will cease immediately.
o If an employee does receive a performance evaluation with a rating of Needs Improvement in any category, the employee willth be eligible to receive Master Officer compensation when a minimum of 12 months has passed and they have received a performance evaluation in all categories with a rating of meets standards.

For qualified Master Officers the Town shall provide a two and one half percent (2.5%) Incentive on base compensation.

The minimum qualifications to be eligible for Master Corporal incentive are:
• All requirements from the Master Officer program plus:
• Minimum one year in the Corporal position with the Town of Hillsborough • Bachelor’s degree
• Completion of POST Supervisory school (The Department shall make every effort to send new hired/promoted corporals to Supervisory school with in their first 12 months of hire/promoted)
For qualified Master Corporals the Town shall provide a two and one half percent (2.5%) Incentive on base compensation.

The minimum qualifications to be eligible for Master Sergeant incentive are:
• All requirements from the Master Corporal program plus:
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•
• POST Supervisory school certificate
• Completion of the County Leadership training program, or equivalent as determined by the Chief
For qualified Master Sergeants the Town shall provide a two and one half percent (2.5%) Incentive on base compensation.
1819. Education and Certification Pay
Sworn personnel shall receive education or certification pays as follows:

Education and Certification Incentive
Intermediate POST Certificate 4%
Advanced POST Certificate or 60 college units 6%
Advanced POST Certificate and 60 college units 7%
Bachelor’s degree 8%
Master’s degree 10%
Incentives shall not be compounded. An employee shall receive the highest Education/certificate pay they qualify for.

Incumbents in the Communication Officer classification series and Police Record Supervisor shall receive certificate pay as follows:

Certification Incentive
Intermediate POST Certificate 4%
Advanced POST Certificate 7%
Records Supervisor POST certificate 6%
Incentives shall not be compounded. An employee shall receive the highest Education/certificate pay they qualify for.

A Bachelor’s or Master’s degree must be in a discipline related to law enforcement or public administration (e.g. administration of justice, business administration, psychology, personnel) that is approved by the Police Chief.

It is the employee’s responsibility to notify the department of the eligibility for the education pay.

Employees are required to provide to the Police Chief official copies of college transcripts or diploma for BA/MA as proof of eligibility.

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recruits are eligible for education pay after successful completion of FTO training.

Education pay will be paid only after the Police Chief has approved documentation submitted by the employee.

POST certificate education pay shall be paid after the Department has approved and forwarded the application for the certificate.

The Town will not make retroactive payments to employees. 1920. Bi-lingual Assignment Pay
Any member of the bargaining unit who demonstrates proficiency in Spanish, Cantonese, Mandarin, American Sign Language or other language approved by the Police Chief and City Manager is eligible for an additional 5% of base pay.

Proficiency shall be measured by the successful completion of a test administered by an agency agreed upon by the HPOA and the Town. Employees are responsible for contacting Human Resources, who will makeing arrangements for their tests. Employees will not be compensated for the time spent scheduling, preparing for or taking a proficiency test if it is outside regular work hours. The Town shall provide use of its facilities for the test and pay for the cost of examinations, if any. Employee shall recertify every two years.
2021. Shift Differential
Employees assigned to the night shift will receive a 5% differential pay for hours worked between 19:00 and 07:00.

For those permanently assigned to the shift, the differential will apply to time off hours as well as hours worked.

For all employees, the 5% will be calculated on base salary only, not calculated on other specialties.The shift differential will not apply to time off hours for those employees regularly scheduled to work that shift.
2122. Annual Sick Leave Incentive Payment
Only persons employed prior to March 1, 2002 and who remain in active service on December 31st of any year are eligible for this benefit.

The Town shall annually pay each employee upon the first full pay period in January for 25% of the employee’s unused annual sick leave accrual for the previous January through December.

Payment shall be calculated at the employee’s regular rate of pay at the time the payment is made.

In order to be eligible for this benefit the employee must have a minimum sick leave balance of 300 hours.
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The annual payment is not prorated or paid to employees who separate from the Town’s service.

This program has been suspended until City Council reinstates the program for Unrepresented employees.
2223. Unused Sick Leave Payment at Retirement
Only those who retire from the Town into PERS with a service retirement or disability retirement are eligible for this benefit.

For employees separating from the Town’s service in January, the annual sick leave payment shall be calculated and subtracted from the sick leave balance prior to the calculation of the retirement payment. (This paragraph is suspended in conjunction with Section 20 above.) Employees hired prior to March 1, 2002
After 10 years of continuous service and upon retirement into the Public Employees Retirement System, employees can choose:
• To be compensated at their regular hourly rate of pay for 25% of their accrued sick leave, not to exceed a maximum of 240 hours. All remaining hours would be converted to service time with PERS, or
• To convert all accrued sick leave to service time with PERS Employees hired on or after March 1, 2002
After 10 years of continuous service and upon retirement into the Public Employees Retirement System, employees can choose:
• To convert their accrued sick leave, not to exceed a maximum of 240 hours, to compensation deferred into a Deferred Compensation (457 plan) account. All remaining hours would be converted to service time with PERS, or
• To convert their accrued sick leave, not to exceed a maximum of 240 hours, to cash compensation at their regular hourly rate of pay. All remaining hours would be converted to service time with PERS, or
• To convert all accrued sick leave to service time with PERS Unused sick leave shall be converted to PERS service credit upon retirement. 2324. Court Time
Employee required to be in attendance at court during off-duty hours as a result of their official duties shall be compensated for a minimum of 4 hours at the overtime rate.

III. BENEFITS
2425. Health Insurance
Active Employees
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The Town’s contribution towards the employee’s medical coverage shall be determined by the coverage level the employee selects. The Town’s contribution shall be as follows:
• Employee only – shall not exceed the Blue Shield Access + Region 1 Health Plan Employee only
• Employee plus one – shall not exceed the Blue Shield Access + Region 1 Health Plan Employee plus one
• Employee plus 2 or more - shall not exceed the Blue Shield Access + Region 1 Health Plan Family
Effective January 1, 2011, the Town shall increase its contribution to the employee’s medical benefit by up to 15% of the three-party Blue Shield Access + rate in effect on January 1, 2010.

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

If, during the term of this MOU, the Blue Shield Access + plan is not available in CalPERS Region 1, then the Town’s medical premium contribution shall be set at the 2nd highest HMO offered in CalPERS Region 1.

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

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

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

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

Active Employees
Effective January 1, 2020, Employees who have alternate coverage as of December 31, 2019 such as coverage through a spouse’s employer’s plan (NOT individual coverage) are eligible to receive cash in lieu of medical insurance in the following amounts:
• Single $384.13 per month
• Employee + 1 $768.25 per month
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• Employee + 2 or more $998.73 per month
Beginning January 1, 2024, cash in lieu amounts for employees receiving the amounts above will be:

January 2024 January 2025 January 2026 January 2027 January 2028 Single $375per month $ 350 per month $325per month $300 per month $300 per month Employee + 1 $700 per month $600 per month $500 per month $400 per month $300 per month Employee + 2 or
more
$875 per month $725 per month $575per month $425 per month $300 per month Employees who receive the cash in lieu of medical benefit and who opt out of the program will be treated as employees hired after January 1, 2020 for future cash in lieu benefits.

Employees who enroll in the cash in lieu of medical benefit after January 1, 2020, who have alternate coverage, such as coverage through a spouse’s employer’s plan (NOT individual coverage) are eligible to receive a contribution to the employee’s deferred compensation account in the amount of three hundred dollars ($300) per month, in lieu of receiving medical benefits.

PERS Contribution
In accordance with Resolution 02-01, the Town’s contribution to PERS is set at an amount not less than the amount required under Section 22825 of the Public Employee’s Medical and Hospital Care Act. PERS will determine the contribution amount annually.

Retirees
The Town does not provide post-retirement health benefits to employees hired after 3/1/02.

Payments In Lieu of Post-Retirement Health Insurance
To compensate those retirees and their survivors who were promised health benefits upon retirement and those employees hired prior to March 1, 2002 who bargained in good faith to eliminate the post-retirement health benefit in favor of implementing a more favorable retirement pension plan (PERS 3% @ 50), the Town will provide post-retirement payments in lieu of health insurance as set forth below.

The actual amount of payments will be based on the retired employee’s actual cost for PERS health coverage. Retirees after January 1, 2014 are subject to the same maximum Town contributions as active employees. When a retiree reaches Medicare eligibility, the Town’s coverage amount will be reduced to the PERS Medicare plan amount.

Employees must be enrolled in a PERS health plan at the time of retirement to be eligible for this benefit. Payments will be discontinued if the retired employee and/or his or her dependent(s) are Formatted Table
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no longer enrolled in a PERS health plan. Former employees who enroll in PERS health plans during an open enrollment period after separation from the Town’s service are not eligible for this benefit.

Only those who retire from the Town into PERS with a service retirement or disability retirement are eligible for this benefit.

Eligible Retirees who retired prior to March 2002
Retirees are eligible for post-retirement payments up to the higher of the three-party rate for Blue Shield Access + Region 1 HMO less the cost of the Town’s PERS health contribution. The amount paid will be based on the retiree’s or his or her survivor’s actual cost for PERS health coverage.

Payments will continue as long as the retiree or his or her survivor are eligible to be enrolled in the PERS health plan. The Town will not provide payments during a COBRA period. When a retiree reaches Medicare eligibility, the Town’s coverage amount will be reduced to the PERS Medicare plan amount.

Eligible Employees who retire after March 2002 but before January 2014 Upon retirement into PERS and following 5 years of continuous service with the Town, employees will be eligible for post-retirement payments up to an amount that is equal to the single-party rate for Blue Shield Access + Region 1 HMO health plans less the cost of the Town’s PERS health contribution.

Upon retirement into PERS and following 10 years of continuous service with the Town, employees will be eligible for post-retirement payments up to an amount equal to the three-party rate for Blue Shield Access + Region 1 HMO health plans less the cost of the Town’s PERS health contribution.

When a retiree reaches Medicare eligibility, the Town’s coverage amount will be reduced to the PERS Medicare plan amount.

Eligible Employees who retire after January 2014, hired before March 1, 2002 Upon retirement into PERS and following 10 years of continuous service with the Town, employees will be eligible for post-retirement payments up to the Blue Shield Access + Region 1 HMO amount, at the appropriate coverage level, less the cost of the Town’s PERS health contribution. Retirees after January 1, 2014 are subject to the same maximum Town contributions as active employees. When a retiree reaches Medicare eligibility, the Town’s coverage amount will be reduced to the PERS Medicare plan amount.
2526. Retiree Health Savings Account
Employees hired on or after March 1, 2002 shall receive a monthly contribution to a Retiree Health Savings Account in accordance with the following:

Months of Service Monthly Contribution
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Hire to 60 months $75.00
61 months – thereafter $150.00
Employees must meet vesting requirements of the plan as follows:

Completion of:

Year 1 20% vested
Year 2 40% vested
Year 3 60% vested
Year 4 80% vested
Year 5 100% vested
Current employees who qualify for the $150 monthly contribution shall begin to receive that monthly amount upon ratification of this MOU. No retroactive payments shall be made.

Employees hired on or after January 1, 2020, shall receive a monthly contribution to a Retiree Health Savings Account in the following amounts:

Months of Service Monthly Contribution
Hire to 60 months $75.00
61 months – thereafter $150.00
Employees must meet vesting requirements of the plan as follows:

Completion of:

Year 5 100% vested
Effective the first full pay period after adoption of the MOU, employees hired on or after March 1, 2002 shall receive a monthly contribution to a Retiree Health Savings Account in accordance with the following:

Months of Service Monthly Contribution
Hire to 60 months $75.00 2.0% of base monthly salary
61 months – 239 months
thereafter
$150.00 3.0% of base monthly salary
240 months thereafter 4.0% of base monthly salary
Employees must meet vesting requirements of the plan as follows:

Completion of:

Year 5 100% vested
2627. Disability Income Protection Insurance
The Town will provide Disability Income Protection (LTD) insurance, which will provide up to 67% of salary 60 calendar days after the first day of non-industrial disability.

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The Town will pay the monthly contribution for LTD insurance. Employees may be required to use their accrued sick, holiday and vacation leave benefits to supplement their income up to 100% of their regular salary, except when specifically prohibited by this MOU. 2728. Dental And Vision Insurance
Employees shall be included in the Town’s self-funded dental and vision plans, administered through Cities Group. The annual maximum benefits are $2000 2500 per person for dental and $325 350 per person for vision.
2829. Life Insurance
The Life Insurance group policy in the amount of $75,000 per employee in effect for probationary and regular employees assigned to allocated positions shall be continued during the term of this MOU.
2930. Retirement
PERS Classic Members
The employee will pay the member’s contribution to the Public Employees Retirement System (PERS), plus an additional 1%. Sworn personnel participate in the 3% @ 50 program at a cost of 10%. Non-sworn personnel hired before July 1, 2012 participate in the 3% @ 60 program at a cost of 9%. Non-sworn personnel hired on or after July 1, 2012 participate in the 2% @ 60 program, at a cost of 7% with no additional contributions.

Employees’ PERS contributions, although designated as employee contributions, are being paid by the Town in lieu of contributions by the employee to satisfy pre-tax requirements, in accordance with §414(h)(2) of the Internal Revenue Code. Notwithstanding the fact that the contributions are paid by the Town, the contributions designated as “employee” will be deposited in the employee’s PERS account.

PERS New Members
Employees that are considered “new safety members” will participate in the 2.7% @ 57 retirement program. Employees that are considered “new miscellaneous members” will participate in the 2% @ 62 retirement program. Employees will pay the employee share, which is 50% of the total normal cost, as determined by PERS. 3031. Military Leave
Military leave shall be granted in accordance with applicable provisions of Federal and State law.

All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. 3132. Jury Duty
Employees who are called or required to serve as a trial juror shall be entitled to be absent from their duties with the Town during the period of such service or while necessarily being present in -78-
Memorandum of Understanding
Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

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court as a result of such call. Employees shall be paid the difference between their full salary and any payment received by them for such duty, excluding travel pay. Employees whose normal assignment is not day shift shall be assigned to day shift for the duration of the jury duty assignment.
3233. Sick Leave
Sick leave shall be accrued at the rate of 4.31 hours per bi-weekly period.

Sick leave with pay shall be granted to all probationary and regular employees assigned to allocated positions. Sick leave shall not be considered a right which an employee may use at his or her discretion, but shall be allowed only in case of necessity and actual personal sickness or disability.

To receive compensation while absent on sick leave, the employee shall notify the on-duty supervisor a minimum of one hour prior to the time set for beginning his or her daily duties, or as soon as practical as determined by the Police Chief or his/her designee.

When absence is for more than one shift, the employee may be required to file documentation of being under a physician’s care for the cause of the absence with the Police Chief or his/her designee. In all cases of sick leave extending beyond one week or more, a doctor’s release to return to work may be required by the Police Chief or his/her designee.

No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes:
• Sickness or disability sustained while on leave of absence, other than his or her regular vacation or holiday.
• Disability received as a result of engaging in a gainful occupation outside of the Town’s employ.

Employees shall not accrue sick leave during whole pay periods that the employee is on an unpaid or non-industrial disability leave.

Not more than 56 hours of sick leave each calendar year may be taken in case an employee’s presence is required elsewhere because of sickness or disability of the employee’s immediate family members, household member or dependent.
3334. Death or Critical Illness in Immediate Family
With the consent of the Police Chief or his/her designee, a regular employee may be allowed to be absent from the duties of his or her position and to receive full compensation during such absence for a period not to exceed 3 consecutive shifts in the case of death or critical illness where death appears imminent of such employee’s immediate family member, household member, in-laws or -79-
Memorandum of Understanding
Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

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grandparents. Employees may be required to provide the Police Chief or his/her designee a doctor’s note as proof of a critical illness.
3435. Industrial Disability Benefits for Non-Sworn Employee Any regular non-sworn employee of the Town who has suffered any disability arising out of or in the course of employment as defined by the workers’ compensation laws of the State of California may be entitled to disability leave while disabled without loss of compensation for the period of such disability to a maximum of 90 days. Such disability with pay may be extended by the City Manager not to exceed one year.
3536. Family Medical Leave
The Town will grant family and medical leave in accordance with the requirements of applicable State and Federal law in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in such State or Federal laws. Employees will be eligible for the most liberal benefits available under either law.

Family and medical leave is unpaid. In a case where an employee is taking leave for his or her own health condition or to take care of a spouse, child or parent who has a serious health condition, the Town requires the employee to substitute any of the employee’s vacation, holiday or sick leave (subject to the other provisions of this MOU) for an unpaid period of leave.

In a case where an employee is taking leave for birth or placement of a child, the Town requires the employee to substitute any of the employee’s vacation leave for an unpaid period of leave. 3637. Vacation
Eligible employees shall accrue vacation leave as follows:

Years of Service
Completed
Bi- Weekly
Hourly Accrual Rate
Hours
Per Year
Less than 4 3.08 80
4-9 4.62 120
10 4.92 128
11 5.23 136
12 5.54 144
13 5.85 152
14-Over 6.15 160
The times during a calendar year at which an employee may take his or her vacation shall be determined by the Police Chief or his/her designee with due regard for the wishes of the employee and particular regard for the needs of the service.

The maximum accumulation of vacation leave may not exceed two times the employee’s annual -80-
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Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

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earned vacation. Once the maximum vacation accumulation is reached vacation leave will cease to accrue until the employee has used accrued leave, bringing him/her back under the cap.

Employees will not accrue vacation leave if absent for the full pay period while on unpaid leave or continuing non-industrial disability.

Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination.
3738. Holidays
All safety and miscellaneous employees shall accrue 3.69 hours per bi-weekly pay period of holiday leave (96 hours per year) in lieu of time off on holidays.

Employees will not accrue holiday leave if absent for the full pay period while on unpaid leave or continuing non-industrial disability leave.

No more than 192 hours of holiday leave can be accrued by an employee. Once the maximum accumulation is reached, holiday leave will cease to accrue.

The times during a calendar year at which an employee may take his or her holiday leave shall be determined by the Police Chief or his/her designee with due regard for the wishes of the employee and particular regard for the needs of the service.

In addition, for each hour worked on Independence Day, Thanksgiving, Christmas and/or New Year’s Day the employee shall receive cash compensation for 1/2 hour as calculated at the employee’s regular hourly rate. For the purpose of this section a holiday shall begin at 12 midnight and end at 11:59 p.m.
3839. Tuition Reimbursement for Non-sworn Personnel
Subject to budget constraints, the Town will reimburse employees’ tuition subject to the following conditions:

1. Course work must be job-related as determined by the Police Chief.

2. Employees must attain approval of the Police Chief prior to the beginning course work.

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

4. Employees must attain a grade of “C” or better in order to be eligible for reimbursement as follows:
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Memorandum of Understanding
Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

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Grade % of Reimbursement
A 100%
B 80%
C 50%
Reimbursement will be approved after the employee submits proof of payment and receives his or her grade.
3940. Wellness
Employees can be reimbursed up to $300 500 per year for the following qualifying wellness activities:
• Gym fees
• Nutritional Counseling
• Lifestyle Assessment
• Smoking Cessation Program
• Weight Loss Program
• Town approved Parks and Recreation sponsored fitness programs • Equipment (home gym equipment: Bowflex, Pelaton, etc.; equipment for various classes:
yoga mat, boxing gloves, etc.). No clothing or shoes are eligible for reimbursement.

IV. EMPLOYMENT
4041. Probation
Academy graduates serve an 18-month probationary period beginning upon swearing in by the Chief of Police.

Lateral hires (sworn peace officers previously serving in another law enforcement agency) serve a 12-month probationary period beginning upon date of hire.

Non-sworn employees serve a 12-month probationary period.

Promotional employees shall serve a 12-month probationary period.

The Chief of Police may extend an employee’s probationary period by up to six (6) months. Notice of any such extension will be provided in writing to the employee in advance of completion of the probationary period. Extension of a probationary period may result in the employee’s anniversary date for future step increases to be moved to coincide with the new ending of the probationary period.
4142. Attendance
Employees shall be in attendance at their work in accordance with the rules regarding hours of -82-
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Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

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work, holidays and leaves. Failure on the part of an employee, absent without authorized leave, to return to duty within 24 hours after receiving notice either in person or by telephone to return shall be cause for immediate discharge. Absent such personal notification, the depositing in the United States mail of a certified letter or a first-class letter with an affidavit of service completed by a Town representative, addressed to the employee’s last known place of address shall be reasonable notice.
4243. Discipline
The Town may discharge, suspend, demote, reduce salary or otherwise discipline any employee for cause including, but not limited to:
• dishonesty
• insubordination
• unlawful use or possession of drugs while on duty
• use or possession of alcohol on duty
• incompetence
• inability to meet minimum licensing requirements of the employee’s regularly assigned position
• unexcused absenteeism
• unlawfully assaulting a coworker or member of the public • discourteous treatment of coworkers or members of the public • tardiness
• misuse of Town property
• willful negligence
• conviction of a crime involving moral turpitude
• failure to perform work as required or
• failure to comply with or violation of the Town’s rules or other applicable State, Federal or local laws, or general protocols regarding safety, conduct or operations Any employee who has been subject to such discipline shall be furnished the reasons for such action in writing with a copy of such letter furnished to the Union. Investigations and interrogations of sworn officers shall be conducted in accordance with Section 3303 of the Government Code.
4344. Pre-disciplinary Hearings
Whenever the Police Chief proposes to demote, suspend or discharge a regular employee in a case in which this section is applicable, the Police Chief shall provide the employee with written notice of the proposed action. The notice shall state the proposed disciplinary action and the reasons therefore. The notice shall also include a copy of the charges and materials upon which the proposed action is based.

The employee shall have the right to present an oral or written response to the proposed action.

Thereafter, the Police Chief shall determine, based upon such response and the materials upon -83-
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Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

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which the proposed action was based, whether to impose the action initially proposed, a lesser action or to take no action. The Police Chief or his/her designee shall promptly notify the employee in writing of such decision.
4445. No Strike Clause
Both parties of this memorandum recognize the obligation of the HPOA and of the employees to refrain from engaging in any strike or slowdown of work. In fulfillment of that obligation, the parties recognize that there will be no strike, sympathy strike, slowdown, sick-ins, curtailment of work or interference with the Town’s operations on the part of either the Union or employees during the term of this Memorandum, any time this Memorandum is continued by the express mutual consent of the parties, or while the parties are negotiating for a new Memorandum, including until any applicable fact finding procedures are exhausted. It is recognized that violation of this clause will result in discipline up to and including termination. 4546. Grievance and Arbitration Procedure
Grievances subject to arbitration shall be only such grievances that may arise out of specific provisions of this Memorandum or Departmental policies, which involve the interpretation, application, or compliance with the specific provisions of this Memorandum or Departmental policies, or a dispute or disagreement concerning whether or not discipline, including discharge, was for just cause.

Step I - Informal Level
An employee who has a grievance shall first discuss the grievance on an informal basis with his or her supervisor within ten (10) calendar days of the alleged violation of the Memorandum or within ten (10) calendar days of the time the grievant knew of or could have reasonably discovered such action or occurrence. Within fourteen (14) calendar days of receipt of the grievance, the supervisor shall investigate the matter, if necessary. Every effort will be made by the parties to resolve the grievance at this level and may include a conference among the HPOA, supervisor or other administrative staff. The supervisor will provide the employee with a written response to the grievance.

Grievances by the Town shall be discussed with the HPOA within ten (10) calendar days of the alleged violation of the Memorandum. If the parties are not able to resolve the issue, within ten (10) days after the last communication with the HPOA the Town may submit a request for arbitration pursuant to Step 4.

Step 2 – Department Level
If the grievance is not resolved at Step 1, the employee may submit the grievance in writing to the Police Chief within seven (7) calendar days after the presentation of the supervisor’s reply. The written grievance shall:
• Fully describe the grievance and how the grievant was adversely affected • Set forth the section(s) of this Memorandum allegedly violated -84-
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Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

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• Indicate the date(s) of the incident grieved
• Specify the remedy or solution to the grievance sought It shall be the responsibility of the employee to submit a copy of the grievance to the HPOA. The Police Chief or his/her designee, if necessary, may investigate the matter. The Police Chief or his/her designee shall also schedule a meeting with the grievant and shall provide a written response to the grievant after holding the meeting with the grievant. The meeting and provision of the written response shall occur within fourteen (14) calendar days after receipt of the grievance.

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

Step 3 - City Manager Review
If the grievance is not resolved at Step 2 a written grievance may be filed with the City Manager or his or her designee within seven (7) business days after the presentation of the Police Chief’s reply.

The City Manager or his/her designee will review the written grievance and may, at his/her discretion, meet with the employee to discuss the grievance. The City Manager shall reply in writing to the grievance within ten (10) calendar days of the meeting with the employee or, if no meeting occurs, within his/her receipt of the Step 2 grievance; provided, however, that in the event that the City Manager is away from the Town during this period, his/her time to reply shall be extended by and equal number of days that he/she is absent to a maximum of twenty (20) days.

Step 4 - Arbitration
If the grievance is unresolved at Step 3, either the HPOA or the Town may, within ten (10) calendar days, request in writing arbitration and the parties shall attempt to mutually agree upon an arbitrator. In the event the parties are unable to agree upon an arbitrator, after thirty (30) days either party may request a list of nine (9) names from the California Conciliation and Mediation Service. Each party shall alternately strike one (1) name until an arbitrator is selected. The right to strike the first name shall be determined by lot and the parties shall alternately strike one (1) name from the list until only one (1) name remains. The remaining panel member shall be the arbitrator.

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

The Town and the HPOA agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provisions or provision of this Memorandum at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Memorandum or impose any limitations or obligations not specifically provided for under the -85-
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Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

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terms of this Memorandum. The arbitrator shall be without power or authority to make any decision that requires the Town to do an act prohibited by law.

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

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

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

Timeliness
All grievances must be presented at the proper steps in accordance with the time limitations herein and unless such grievances are so presented, the right to file such grievances shall be waived. Any grievance not appealed to the next succeeding step within the time limits specified will be considered withdrawn and not eligible for further appeal. If the Town fails to respond within the prescribed time limits of any one step, the last Town response shall be deemed to be the Town’s position for the next succeeding steps. Time limits can be extended by mutual consent, however that any mutual agreements to extend deadlines are not precedential. 4647. Letters of Reprimand
Notwithstanding any other provision of this MOU, a Letter of Reprimand shall not be subject to the grievance procedure.

The employee shall have 30 days within which to file a written response. Such written response shall be attached to and shall accompany the letter of reprimand.

A written reprimand shall be removed from an employee’s personnel file 24 months after it is initially placed there provided that the employee does not receive a written reprimand during that 24-month period. If the employee receives a written reprimand within the 24-month period, the initial written reprimand shall remain in the employee’s file for the duration of the time the succeeding reprimand stays in the file.

An employee can petition the Police Chief in writing to have a written reprimand removed from his file. A reprimand can only be removed if it has been inside the employee’s file for more than 24 months. The Police Chief or his or her designee shall review the employee’s petition and provide the employee with a decision regarding the employee’s request within 30 calendar days.

The Police Chief’s decision cannot be appealed. Only one petition per each reprimand can be submitted in a calendar year.
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Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

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4748. Layoff
Whenever, in the judgment of the Town, it becomes necessary to abolish positions, the Town may abolish any position included in the bargaining unit and the employee holding such position or employment may be laid off without the right of appeal. The Town may lay off employees due to lack of work or funds.

In reduction of force, employees with the least length of service in the position shall be laid off first.

Employees affected by a layoff shall retain employment rights in a position previously held in a lower classification in the same bargaining unit and shall revert back to said position with full seniority rights and be integrated with the seniority ranking of employees in the lower classification. Cross bumping between bargaining units is not permitted. 4849. Reinstatement
A regular employee who has resigned in good standing may be reinstated to a vacant position of the same classification as the previous position within a period of one year from the effective date of resignation. Reinstatement will be with the approval of both the Chief of Police and the City Manager. The employee will be reinstated at a salary step recommended by the Chief of Police and approved by the City Manager. A reinstated employee will not be entitled to prior service credit in calculating Town benefits provided, however, he or she may be entitled to repay PERS withdrawal pursuant to law.
4950. Safe Staffing
Safe Staffing is defined as a minimum of two sworn personnel assigned to patrol at all times.

Additional personnel may be required as the Police Chief or his/her designee determines necessary for safety.
5051. Safety Equipment
The Town shall provide required safety equipment to all sworn personnel. Such equipment shall include a firearm with ammunition, safety vest, baton, handcuffs and other appliances as required by State law. The Police Chief or his/her designee will specify the standards for equipment selection and maintenance. Safety equipment is the property of the Town. The Town will repair or replace safety equipment if damaged or worn.

V. Term
This MOU shall become in full force and effect unless otherwise noted on January 1, 2020 and shall continue in full force and effect until midnight, December 31, 2022 and shall continue from year to year thereafter, unless either party hereto gives written notice to the other party ninety (90) calendar days prior to the expiration date of its intent to terminate, modify or amend said agreement.
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Memorandum of Understanding
Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

Page 31 of 33 ends

Hillsborough Police Officer Association The Town of Hillsborough ____________________________ _______________________________ Nick ChincaChris Smith (President) Ann Ritzma (City Manager) ____________________________ _______________________________ Dominic JavellanaMatt Galit (Vice President)
Dated: ____________________ Dated: ______________________

APPENDIX A
salary effective date Step A B C D E
Code Enforcement Officer I Bi-weekly

3,362

3,530

3,706

3,891

4,086
1/2/2023 Monthly

7,284

7,648

8,030

8,431

8,853
Annually

87,412

91,780

96,356

101,166

106,236
Code Enforcement Officer II Bi-weekly

3,706

3,891

4,086

4,290

4,505
1/2/2023 Monthly

8,030

8,431

8,853

9,295

9,761
Annually

96,356

101,166

106,236

111,540

117,130
Communications Officer I Bi-weekly

3,303

3,460

3,633

3,815

4,006
1/2/2023 Monthly

7,157

7,497

7,872

8,266

8,680
Annually

85,878

89,960

94,458

99,190

104,156
Formatted Table
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Memorandum of Understanding
Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

Page 32 of 33 ends

Communications Officer II Bi-weekly

3,633

3,815

4,006

4,206

4,416
1/2/2023 Monthly

7,872

8,266

8,680

9,113

9,568
Annually

94,458

99,190

104,156

109,356

114,816
Community Service Officer Bi-weekly

2,690

2,824

2,965

3,113

3,269
1/2/2023 Monthly

5,828

6,119

6,424

6,745

7,083
Annually

69,940

73,424

77,090

80,938

84,994
Lead Communications Officer Bi-weekly

3,815

4,006

4,206

4,416

4,637
1/2/2023 Monthly

8,266

8,680

9,113

9,568

10,046
Annually

99,190

104,156

109,356

114,816

120,557
Police Corporal Bi-weekly

4,570

4,798

5,038

5,290

5,555
1/2/2023 Monthly

9,902

10,396

10,916

11,462

12,036
Annually

118,820

124,748

130,988

137,540

144,430
Police Officer Bi-weekly

4,326

4,542

4,769

5,007

5,257
1/2/2023 Monthly

9,373

9,841

10,333

10,849

11,390
Annually

112,476

118,092

123,994

130,182

136,682
Police Officer Trainee Bi-weekly

3,471
1/2/2023 Monthly

7,521
Annually

90,246
Police Sergeant Bi-weekly

5,272

5,536

5,813

6,104

6,409
1/2/2023 Monthly

11,423

11,995

12,595

13,225

13,886
Annually

137,072

143,936

151,138

158,704

166,634
Property Officer Bi-weekly

2,959

3,107

3,262

3,425

3,596
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Town of Hillsborough and HPOA
Jan. 1, 2020 2023 - Dec. 31, 20222026

Page 33 of 33 ends

1/2/2023 Monthly

6,411

6,732

7,068

7,421

7,791
Annually

76,934

80,782

84,812

89,050

93,493
Records Clerk II Bi-weekly

3,225

3,386

3,555

3,733

3,920
1/2/2023 Monthly

6,988

7,336

7,703

8,088

8,493
Annually

83,850

88,036

92,430

97,058

101,920
Records Supervisor Bi-weekly

3,548

3,725

3,911

4,107

4,312
1/2/2023 Monthly

7,687

8,071

8,474

8,899

9,343
Annually

92,248

96,850

101,686

106,782

112,112
-90-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE UNREPRESENTED EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378 SUMMARY: This resolution memorializes changes in compensation for the Unrepresented employees. In December 2021, The City Council approved a three-year salary and benefits plan for the Unrepresented employees. The agreement includes a cost of living increase in the first full pay period of January 2023 of 3.75%.

List of Unrepresented positions:

Accountant
Assistant City Manager
Assistant Director of Building & Planning
Assistant Director of Finance
Assistant Engineer
Assistant Planner
Associate Civil Engineer
Associate Planner
Budget Analyst
Building Attendant
Building Official
Chief Building Official
Chief of Police
City Clerk
City Manager
Communications Manager
Deputy Director of Public Works
Director of Building & Planning
Director of Finance
Director of Public Works - City Engineer
GIS Coordinator
GIS Technician
Human Resources Manager
Human Resources Specialist
Management Analyst
Management Assistant
Planning Manager
Police Captain
Police Lieutenant
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Agenda Staff Report - Hillsborough City Council
January 09, 2023

Page 2 ends

Public Works Superintendent
Senior Accountant
Senior Civil Engineer
Senior Management Analyst
Senior Planner
FISCAL IMPACT: The cost for salary and benefits is estimated at approximately $105,528 and is included in the FY 2022-23 adopted budget.

ATTACHMENTS: Resolution
PREPARED BY: Kristin Armbruster, Human Resources Manager RECOMMENDATION: Adopt the resolution authorizing compensation adjustments for the Unrepresented employees pursuant to CEQA Guideline 15378. -92-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING COMPENSATION ADJUSTMENTS FOR UNREPRESENTED
EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the Town of Hillsborough has determined that competitiveness of compensation for employee positions is an important factor in employee retention; and
WHEREAS, the City Council approved a three year salary and benefits plan for the Unrepresented employees which provides methods for setting salaries in the unit that should be memorialized in a resolution; and WHEREAS, the salary and benefits plan states that unit employee salaries shall be increased effective the first full pay period in January 2023.

Unrepresented employees - Salary increases for all positions in the Unrepresented employees group shall be 3.75%.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-93-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361 AND CEQA GUIDELINE 15378 SUMMARY: On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.

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

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

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

On October 11, 2021, the City Council adopted Resolution No. 21-87, making findings that state or local officials continue to recommend social distancing measures to prevent the spread of COVID19 and including reference in particular to Cal-OSHA regulation 3205 which recommends physical distancing in the workplace. The adoption of this resolution was consistent with enacted Assembly Bill (AB) 361.
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January 09, 2023

Page 2 ends

The City Council reconfirmed the findings of Resolution No. 21-87 on November 8, 2021, November 22, 2021, December 13, 2021, January 10, 2022, February 14, 2022, March 14, 2022, April 11, 2022, May 9, 2022, June 13, 2022, July 11, 2022, August 8, 2022, August 25, 2022, September 12, 2022, October 10, 2022, October 27, 2022, November 14, 2022 and December 12, 2022 as required by AB 361.

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

ANALYSIS
On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

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

FISCAL IMPACT: The City Council’s approval of a motion to continue with virtual meetings will maintain the status quo and no financial impact is anticipated by approval of the motion. The move to hybrid meetings required additional technical equipment which has been purchased and installed.

ENVIRONMENTAL ISSUES: The City Council’s reconfirmation of the findings is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS: Resolution No. 21-87
PREPARED BY: Christopher J. Diaz, City Attorney
RECOMMENDATION: Approve a motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361, with acknowledgment that the California Department of Public Health has updated the definition of “close contact” in Regulation 3205 from being within six feet of another person to sharing the same indoor space with another person for 15 minutes or more, which further supports the findings. -96-
RESOLUTION NO. 21-87

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

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

NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough hereby finds, determines, and resolves as follows:
-97-

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

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

3. This resolution shall become effective upon adoption.

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

AYES: Councilmembers Royse, Kralik, Chuang, Cole
NOES: Councilmembers None
-------------------
ABSENT: Councilmembers Ma
-~-----------------
ABSTAIN: Councilmembers None
-------------------
-98-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

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

EXECUTE A CONTRACT WITH ODYSSEY POWER FOR GENERATOR MAINTENANCE SERVICES IN A NOT-TO-EXCEED AMOUNT OF $104,544.00 FOR THREE YEARS PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: California Generator Service is currently providing generator maintenance services to the Town of Hillsborough and their contract ends in January 2023. They provide services for twelve generators throughout the Town of Hillsborough including Police, Public Works, Town Hall, tank sites and pump stations. If these locations lose power, the generators switch on to provide temporary power.

Staff issued a Request for Proposal to eight generator companies including Odyssey Power to obtain competitive prices.

Staff received two responses, with Odyssey Power being the lowest responsible bidder.

NAME Three Year Bid
Odyssey Power $104,544.00
State Electric Generator $281,843.00
FISCAL IMPACT: The generator maintenance services have been budgeted in the FY 2022-23 Public Works administration and Engineering budget.

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

ATTACHMENTS: Resolution
PREPARED BY: Mark Harris, Public Works Superintendent
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement with Odyssey Power for generator maintenance services in a not-to-exceed amount of $104,544.00 for three years pursuant to CEQA Guideline 15378. -99-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT WITH ODYSSEY POWER TO PROVIDE GENERATOR MAINTENANCE SERVICES FOR THE TOWN OF HILLSBOROUGH IN THE AMOUNT OF $104,544.00 FOR THREE YEARS PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the Town of Hillsborough (“Town”) has twelve generators throughout the Town that require maintenance; and
WHEREAS, staff competitively solicited the generator services in accordance with the Town’s competitive solicitation procedures, including distributing the solicitation to eight contractors authorized to perform generator services; and
WHEREAS, the Town received two responses and Odyssey Power was the highest ranked respondent with a cost proposal in the not-to-exceed amount of $104,544.00 for three years; and
WHEREAS, staff conducted an analysis of the response and verified that Odyssey Power qualifications and experience levels are satisfactory; and WHEREAS, funding will be allocated from the fiscal year 2022-23 Public Works Administration budget under Contractual, General Services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby awards to and authorizes the City Manager to execute the contract with Odyssey Power to provide generator maintenance services in a not-to-exceed amount of $104,544.00 for three years, allocating funds from the FY 2022-23 Generator Maintenance Services budget.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th of January 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-100-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

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

RENEW THE ANNUAL MEMBERSHIP AGREEMENT WITH THE CALIFORNIA DATA COLLABORATIVE IN THE AMOUNT OF $15,000.00 WITH AN OPTION TO RENEW

MEMBERSHIP FOR AN ADDITIONAL TWO YEARS, FOR A NOT-TO-EXCEED AMOUNT OF $45,000.00 PURSUANT TO CEQA GUIDELINES 15301 AND 15378
SUMMARY: On October 11, 2021, the City Council authorized the City Manager to enter into a one-year membership agreement with the California Data Collaborative (CaDC) to assist Public Works with managing and analyzing the large amounts of water data associated with advanced water management systems. Public Works has found the CaDC membership and associated services beneficial and cost-effective and would like to continue membership with them.

History:

The Town has numerous sources of large, disparate water data from various sources, including hourly consumption data from its Automated Metering Infrastructure (AMI) system, hourly purchased data from the SFPUC’s AMI system, various water data from its Supervisory Control and Data Acquisition (SCADA) system and its financial water billing system, pressure data from PRVs and fire flow inspections, etc. The Town would like to better manage, analyze and compare these large disparate datasets to improve operational performance, prepare for and analyze state and federal water regulations, and prepare for and respond to future drought emergencies.

In February 2021, BAWSCA recommended the California Data Collaborative (“CaDC”) to its member agencies to help analyze water data, including the State water use efficiency standard regulations that will go into effect in 2023.

The CaDC is a nonprofit staffed by data experts and governed by water managers. The benefits of membership by water agencies include:
• Access to data scientists, software programmers and developers familiar with the water industry and water regulations/issues;
• Data analysis and insights to better plan and comply with California water efficiency goals and regulations;
• Collaboration with other water agencies to help influence California’s water data ecosystem related to state regulations and reporting requirements; and • Access to a highly collaborative network of water partners and innovators The Town has found the CaDC’s data management, analysis and report services thorough, clear, concise and helpful.
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Agenda Staff Report - Hillsborough City Council
January 09, 2023

Page 2 ends

Based on Hillsborough’s experience with CaDC and on BAWSCA’s recommendation, staff recommends that the Town renew its annual membership and data management services agreement with the CaDC, in the amount of $15,000.00, with an option to renew for an additional two years, for a not to exceed amount of $45,000.00.

FISCAL IMPACT: These services have been budgeted in the FY 2022-23 Water Operations budget. Staff will closely monitor and track the budget and if needed, will bring back a budget resolution for City Council to review and adopt.

ENVIRONMENTAL ISSUES: The action is categorically exempt from the California Environmental Quality Act according to Section 15301 of the California Code of Regulations. Further, it is exempt from environmental review pursuant to CEQA Guideline 15378(b)(2) as a continuing maintenance activity to provide supplies and services to the Town’s existing water utility.

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement with the California Data Collaborative for a one-year membership in the amount of $15,000.00 with an option to renew membership for an additional two years, for a not-toexceed amount of $45,000.00 pursuant to CEQA Guidelines 15301 and 15378. -102-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO RENEW THE ANNUAL

MEMBERSHIP AGREEMENT WITH THE CALIFORNIA DATA COLLABORATIVE IN THE AMOUNT OF $15,000 WITH AN OPTION TO RENEW MEMBERSHIP FOR AN ADDITIONAL TWO YEARS, FOR A NOT-TO-EXCEED AMOUNT OF $45,000 PURSUANT TO CEQA GUIDELINE 15301 AND 15378
WHEREAS, the Town of Hillsborough (“Town”) has numerous sources of large, disparate water data; and
WHEREAS, the Town would like to better manage, analyze and compare these large disparate datasets to improve operational performance, prepare for and analyze state and federal water regulations, and prepare for and respond to future drought emergencies; and
WHEREAS, BAWSCA recommended the California Data Collaborative (“CaDC”), a nonprofit staffed by data experts and governed by water managers, to its member agencies to help analyze water data; and
WHEREAS, the benefits of membership include access to water savvy data scientists and software programmers and developers; data analysis and insights to better plan and comply with California water efficiency goals and regulations; collaboration with other water agencies to help influence California’s water data ecosystem related to state regulations and reporting requirements; and access to a highly collaborative network of water partners and innovators; and
WHEREAS, in October 2021, City Council authorized the City Manager to enter into a one-year membership agreement with the CaDC; and
WHEREAS, the Town found the CaDC membership beneficial and the CaDC’s data management, analysis and report services thorough, clear, concise and helpful; and
WHEREAS, staff recommends that the City Council authorize the City Manager to renew the Town’s annual membership and data management services agreement with the CaDC in the amount of $15,000, with an option to renew for an additional two years, for a not to exceed amount of $45,000.

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 the California Data Collaborative for a one-year membership in the amount of $15,000 with an option to renew membership for an additional two years, for a not-to-exceed amount of $45,000.
-103-
Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of January 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-104-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

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

EXECUTE A SECOND AMENDMENT TO THE EXISTING AGREEMENT WITH BROWN AND CALDWELL, INC. FOR WATER SYSTEM EMERGENCY ACTION PLAN CONSULTING SERVICES IN THE AMOUNT OF $9,985.00, FOR A TOTAL AGREEMENT AMOUNT OF $104,643.00 PURSUANT TO CEQA GUIDELINES 15301 AND 15378 SUMMARY: The Town operates and maintains a water distribution system to serve its residents and water users. It is a complex system with varying topography and 19 separate but interconnected zones. The infrastructure network includes 108 miles of water mains, 10 water storage facilities consisting of 18 water tanks, 14 water pump stations and over 7,500 various assets such as water meters, fire hydrants and valves. Hillsborough residents depend upon this infrastructure for high quality and dependable drinking water.

On October 23, 2018, America's Water Infrastructure Act (AWIA) of 2018 was signed into law. The law requires each community drinking water system serving more than 3,300 people to develop or update a risk and resilience assessment (RRA) and an emergency response plans (ERP) for its water delivery system.

On February 4, 2021, the City Manager executed an agreement on behalf of the Town with Brown and Caldwell, Inc. (“B&C”) in the amount of $29,700.00 to complete the RRA. On September 13, 2021, the City Council approved and authorized the City Manager to execute an amendment on behalf of the Town with B&C in the amount of $64,958.00, for a total agreement amount of $94,658.00, to complete the ERP. B&C successfully completed the RRA and ERP on time and on budget.

Since completion of the RRA and ERP documents, the Town requested a proposal from B&C to further assist with ERP trainings and file organization. The purpose of the additional scope is to provide scenario-based tabletop exercises and drills for public works staff to improve lines of communication, roles and responsibilities, and communication with partner agencies during emergency situations. B&C would also organize associated files, deliverables, and attachments into an “ERP cabinet” for future use as part of these services. This task would also allow us to achieve compliance with the Grand Jury Report dated October 10, 2022. Staff recommends amending the existing agreement a second time to complete these final close out actions related to the ERP.

FISCAL IMPACT: It is recommended that funding in the amount of $9,985 be allocated from the FY 2022-23 Water Operations budget.
-105-
Agenda Staff Report - Hillsborough City Council
January 09, 2023

Page 2 ends

ATTACHMENTS: Resolution
PREPARED BY: Mark Harris, Public Works Superintendent
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a second amendment with Brown and Caldwell, Inc. on behalf of the Town to provide water system Emergency Response Plan consulting services in the amount of $9,985.00, for a total agreement amount of $104,643.00 pursuant to CEQA Guidelines 15301 and 15378. -106-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND

AMENDMENT TO THE EXISTING AGREEMENT WITH BROWN AND CALDWELL, INC. FOR WATER SYSTEM EMERGENCY ACTION PLAN CONSULTING SERVICES IN THE AMOUNT OF $9,985.00, FOR A TOTAL AGREEMENT AMOUNT OF $104,643.00 PURSUANT TO CEQA GUIDELINES 15301 AND 15378 WHEREAS, the Town of Hillsborough (“Town”) operates and maintains a complex water distribution system to serve its residents and water users; and WHEREAS, America's Water Infrastructure Act (AWIA) of 2018 requires each community drinking water system serving more than 3,300 people to develop or update a risk and resilience assessment (RRA) and an emergency response plans (ERP) for its water delivery system; and WHEREAS, on February 4, 2021, the City Manager executed an agreement on behalf of the Town with Brown and Caldwell, Inc. (“B&C”) in the amount of $29,700.00 to complete the RRA; and
WHEREAS, on September 13, 2021, the City Council approved and authorized the City Manager to execute an amendment on behalf of the Town with B&C in the amount of $64,958.00, for a total agreement amount of $94,658.00, to complete the ERP; and
WHEREAS, B&C successfully completed the Town’s RRA and ERP on time and on budget, acquiring important and hard-won information regarding the Town’s water distribution system and vulnerabilities; and WHEREAS, B&C submitted a proposal to provide support for ERP trainings and file organizations and staff determined the cost and level of effort of services to be reasonable; and
WHEREAS, funding for these services will be allocated from the Fiscal Year 2022-23 Water Operations Budget in the amount of $9,985.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a second amendment with Brown and Caldwell, Inc. on behalf of the Town to provide water system Emergency Response Plan consulting services in the amount of $9,985.00, for a total agreement amount of $104,643.00.

Mayor of the Town of Hillsborough
Attest: City Clerk
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2 This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of January 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-108-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PENINSULA TRUCK REPAIR, INC. TO REPLACE THE

EXISTING NO-DES WATER FILTRATION SYSTEM VEHICLE TO MEET CALIFORNIA EMISSION REGULATIONS IN THE AMOUNT OF $149,890.00, WITH A 10% CONTINGENCY, FOR A NOT TO EXCEED AMOUNT OF $164,879.00 PURSUANT TO CEQA GUIDELINE 15301 SUMMARY: The Public Works Department water division provides routine water quality checks and water main flushing to maintain our aging water pipelines. These pipelines are metallic which are prone to sedimentation and tuberculation build up and are typically cleaned through a pipeline flushing program. Unidirectional flushing helps maintain water pipe longevity and helps maintain water quality in the Town’s potable water distribution system.

The flushing of water mains is not a recommended maintenance strategy during times of drought as significant amounts of water (thousands of gallons) can be lost, and alternatives to chemically treat water systems are not also recommended.

The Town has a No-Des vehicle capable of isolating poorly performing watermain segments and treating them by forcing water through filtration systems located on the vehicle at high velocities.

This vehicle was acquired with a $300,000 grant from the California Water Board in 2010.

California’s Clean Air Regulations for Heavy-Duty Diesel Vehicles require that the 2009 Ford F650 that the No-DES equipment is mounted on be retired by January 31, 2023. Once staff was made aware of the need to retire the vehicle, staff begin diligently working to procure a new truck that could accommodate the No-DES equipment. Town staff was informed by numerous providers that there was a six to eight month lead time to procure a truck that could accommodate the equipment.

Only one vendor, Peninsula Truck Repair, Inc., was able to procure a truck to allow the Town to continue operating the No-DES equipment without extensive interruption. Peninsula Truck Repair, Inc., can procure a 2023 MV607 International or equivalent truck and transfer the No-DES equipment and PTO System onto the new vehicle in the amount of $149,890. The proposal will cover the cost of the vehicle and the transfer of the No-DES pumps and filtering equipment. The Town will be able to sell the older vehicle at Government Auction.

Staff recommends contracting with Peninsula Truck Repair, Inc. (even though other vendors with longer lead time are available) based on the urgent need for staff to be able to continue to use the No-DES equipment without interruption. Peninsula Truck Repair, Inc. will replace the Town’s existing 2009 Ford F650 truck with a 2023 MV607 International or equivalent truck and transfer the No-DES equipment and PTO System onto it in the amount of $149,890.00, with a 10% contingency, for a not to exceed amount of $164,879.00. -109-
Agenda Staff Report - Hillsborough City Council
January 09, 2023

Page 2 ends

FISCAL IMPACT: This replacement has been budgeted in the FY 2022-23 water operations budget. Staff will closely monitor and track the budget and if needed, will bring back a budget resolution for City Council to review and adopt.

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

ATTACHMENTS: Resolution
PREPARED BY: Mark Harris, Public Works Superintendent
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement with Peninsula Truck Repair, Inc. to replace the Town’s existing 2009 Ford F650 truck with a 2023 MV607 International or equivalent truck and transfer the No-DES equipment and PTO System onto it in the amount of $149,890.00, with a 10% contingency, for a not-to-exceed amount of $164,879.00 pursuant to CEQA Guideline 15301. -110-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PENINSULA TRUCK REPAIR, INC. TO REPLACE THE

EXISTING NO-DES WATER FILTRATION SYSTEM VEHICLE TO MEET CALIFORNIA EMISSION REGULATIONS IN THE AMOUNT OF $149,890.00, WITH A 10% CONTINGENCY, FOR A NOT-TO-EXCEED AMOUNT OF $164,879.00 PURSUANT TO CEQA GUIDELINE 15301
WHEREAS, the Town of Hillsborough (“Town”) maintains over 100 miles of potable water mains; and
WHEREAS, unidirectional flushing helps maintain water pipe longevity and helps maintain water quality; and
WHEREAS, the flushing of water mains is not a recommended maintenance strategy during times of drought as significant amounts of water (thousands of gallons) can be lost; and
WHEREAS, in 2010, the Town received a California Water Board grant to procure a No-Des vehicle capable of isolating poorly performing watermain segments and treating them by forcing water through filtration systems located on the vehicle at high velocities; and
WHEREAS, California’s Clean Air Regulations for Heavy-Duty Diesel Vehicles requires that the 2009 Ford F650 that the No-DES equipment is mounted on be retired by January 31, 2023; and
WHEREAS, Hillsborough Public Work’s heavy duty vehicle service provider, Peninsula Truck Repair, Inc., can procure a 2023 MV607 International or equivalent truck and transfer the No-DES equipment and PTO System onto the new vehicle in the amount of $149,890.00, with a 10% contingency, for a not to exceed amount of $164,879.00; and
WHEREAS, Peninsula Truck Repair, Inc. was the only vendor able to procure a truck to allow the Town to continue to operating the No-DES equipment without extensive interruption; and
WHEREAS, funding for these services will be allocated from the Fiscal Year 2022-23 Water Operations Budget in the amount of $164,879.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an agreement with Peninsula Truck Repair, Inc. to replace the Town’s existing 2009 Ford F650 truck with a 2023 MV607 International or equivalent truck and transfer the NoDES equipment and PTO System onto it in the amount of $149,890, with a 10% contingency, for a not-to-exceed amount of $164,879.00 pursuant to CEQA Guideline 15301.
-111-
2 Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of January 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-112-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

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

EXECUTE AN AGREEMENT WITH BKF ENGINEERS FOR PROFESSIONAL SERVICES TO DESIGN THE TOBIN CLARK WALKING TRAIL RESTORATION PROJECT FOR THE NOT-TOEXCEED AMOUNT OF $116,678.00 PURSUANT TO CEQA GUIDLINE 15301; AND APPROVING A FISCAL YEAR 2022-23 BUDGET AMENDMENT IN THE STREETS AND STORMWATER OPERATIONS FUND IN THE AMOUNT OF $116,678.00 SUMMARY: The Town desires to undertake a trail restoration and enhancement project that would provide a recreational trail to the public in areas within the Town’s open space. The proposed Tobin Clark Walking Trail Restoration Project (“Project”) would consist of approximately 5,500 linear feet of trail, extending from near Brooke Court to near the Children’s center at the College of San Mateo (“CSM”), with an access point at the northeastern most parking lot at CSM. There is an existing trail that varies in width and material. Minor grading and small retaining walls would be necessary to provide a level trail with natural material and a consistent trail width of about ten feet for maintenance vehicle access. The restored trail would be limited to pedestrian foot traffic only.

The Project would also include native drought resistant landscaping for privacy screening to nearby homes, benches, and signage. Minor repairs to existing storm drain systems that cross under the trail and erosion will be necessary to prevent erosion on the trail.

Staff developed a Request for Proposal (RFP) for design services for the above scope of work and advertised it through the Town website. After a detailed review and careful evaluation of the two proposals received, staff identified BKF Engineers (“BKF”) as the preferred firm to provide the requested services based on their past project experience, technical methodology and approach, familiarity with the project location, and client-oriented approach.

FISCAL IMPACT: There is currently insufficient funding in the FY 2022-23 Streets and Stormwater Operations Budget to award the scope of these services and due to unanticipated priorities in the project schedule, additional funding is needed. To meet budget compliance in FY 2022-23, it is recommended that the City Council approve a budget amendment in the Streets and Stormwater Operations Budget in the amount of $116,678.00, which is the additional amount needed to provide sufficient funding for this project.

Staff carefully reviewed BKF’s fee proposal and determined that the cost and level of effort is reasonable. It is recommended that funding be allocated from the Streets and Stormwater Operations Budget in the amount of $116,678.00. The adopted budget has adequate reserves in the General Fund to support the budget amendment.
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Agenda Staff Report - Hillsborough City Council
January 09, 2023

Page 2 ends

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

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement with BKF Engineers for professional services to design the Tobin Clark Walking Trail Restoration Project for the not-to-exceed amount of $116,678.00 pursuant to CEQA Guideline 15301 and approve a Fiscal Year 2022-23 budget amendment in the Streets and Stormwater Operations Budget in the amount of $116,678.00 -114-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH BKF ENGINEERS FOR PROFESSIONAL SERVICES TO

DESIGN THE TOBIN CLARK WALKING TRAIL RESTORATION PROJECT FOR THE NOT-TO-EXCEED AMOUNT OF $116,678.00 PURSUANT TO CEQA GUIDELINE 15301; AND APPROVING A FISCAL YEAR 2022-23 BUDGET AMENDMENT IN THE

STREETS AND STORMWATER OPERATIONS FUND IN THE AMOUNT OF $116,678.00
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s open space areas; and
WHEREAS, the Town desires to undertake a trail restoration and enhancement project that would provide a recreational trail to the public in areas within the Town’s open space; and
WHEREAS, the Tobin Clark Walking Trail Restoration Project (“Project”) would consist of approximately 5,500 linear feet of trail, and would require minor grading, small retaining walls, minor drainage improvements, and drought tolerant landscaping; and
WHEREAS, a Request for Proposal for professional services to design the trail restoration and enhancement project was publicly advertised; and WHEREAS, staff analyzed two proposals received and determined that BKF Engineers presented the most qualified individuals to design the Project; and WHEREAS, funding will require approval of a budget amendment for Fiscal Year 2022- 23 Streets and Stormwater Operations Budget in the amount of $116,678.00; and
WHEREAS, the adopted budget has adequate reserves in the General Fund to support the budget amendment; and
WHEREAS, funding for these services will be allocated from the amended Fiscal Year 2022-23 Streets and Stormwater Operations Budget in the amount of $116,678.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an agreement with BKF Engineers for professional services to design the Tobin Clark Walking Trail Restoration Project for the not-to-exceed amount of $116,678.00; and approving a Fiscal Year 2022-23 budget amendment in the Streets and Stormwater Operations Budget in the amount of $116,678.00.
-115-
2 Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of January 2023 by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-116-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH GO NATIVE, INC. FOR OPEN SPACE VEGETATION MANAGEMENT IN THE AMOUNT OF $28,130.00 FOR ADDITIONAL SERVICES, FOR A TOTAL CONTRACT AMOUNT OF $491,419.00 PURSUANT TO THE PREVIOUSLY ADOPTED MITIGATED

NEGATIVE DECLARATION
SUMMARY: On July 13, 2020, City Council approved a two-year contract with Go Native, Inc. for the Open Space Vegetation Management Project in the amount of $280,721 with a 10% contingency, if needed, for a total of $308,859. The City Council also approved a Town option to renew for one year in the amount of $140,391 with a 10% contingency, if needed, for a total not to exceed budget of $463,289 over three years.

The approved contact was to maintain approximately 59 acres of defensible space and high priority fire management areas in the Town’s 8 open space as needed each year from August to November in 2020, 2021 and 2022. The contracted work was fully completed with no delays over that three-year period.

During the contract period, Central County Fire Department and Town staff identified additional open space work areas that required treatment beyond the original contract scope. Treatment of these areas were necessary to address unanticipated wildland urban interface mitigation needs.

The total cost associated with these additional services is $28,130.

FISCAL IMPACT: Funding for the three-year project plus 10% contingency for a contact total amount of $491,419 was allocated from the Fiscal Year 2020-2021 Streets and Stormwater – Fire Mitigation Expense budget. It is recommended that additional funding be allocated from the 2022- 2023 Streets and Stormwater – Fire Mitigation Expense budget in the amount of $28,130.

ENVIRONMENTAL ISSUES: The Project underwent two levels of environmental review during the FEMA grant approval: a California Environmental Quality Act (CEQA) review and the National Environmental Protection Act (NEPA) review. As required by CEQA, a Draft Initial Study and Mitigated Negative Declaration, which included a Mitigation Monitoring and Reporting Plan, were prepared for the Project to address potential environmental impacts associated with the Project.

The Project will continue to meet all environmental requirements contained within these documents. Further, none of the circumstances requiring preparation of a subsequent or supplemental MND (as specified in CEQA section 21166 and CEQA Guidelines 15162 and 15163) are present. This has been determined as there is no evidence in the record that (1) substantial -117-
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changes are proposed for Project that will require major revisions of the MND, (2) substantial changes will occur with respect to the circumstances under which the Project will be undertaken that will require major revisions in the MND, or (3) new information, which was not known and could not have been known when the MND was certified, has become available.

Based on the foregoing, the Town hereby finds that none of the circumstances requiring preparation of a subsequent or supplemental MND are triggered.

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a contract amendment with Go Native, Inc. for open space vegetation management in the amount of $28,130.00 for additional services, for a total expended contract amount of $491,419.00 pursuant to the previously adopted Mitigated Negative Declaration. -118-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH GO NATIVE, INC. FOR OPEN SPACE
VEGETATION MANAGEMENT IN THE AMOUNT OF $28,130.00 FOR ADDITIONAL SERVICES, FOR A TOTAL CONTRACT AMOUNT OF $491,419.00 PURSUANT TO

THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION
WHEREAS, The Town maintains approximately fifty-nine acres of defensible space and high priority fire management areas in eight Town owned open space areas; and
WHEREAS, on June 10, 2013, the City Council considered and adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for Open Space Vegetative Management in compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, on July 13, 2020 City Council approved a two-year contract Go Native, Inc. for an Open Space Vegetation Management Project with an option to renew for a third year in the amount of $421,112.00, and a 10% contingency, for a not to exceed amount of $463,223.00; and WHEREAS, the contracted work was fully completed by Go Native, Inc. with no delays over that three-year period; and
WHEREAS, Central County Fire Department and Town staff identified additional open space work areas that required treatment beyond the original contract to address unanticipated wildland urban interface mitigation needs; and WHEREAS, the total cost associated with these additional services is $28,130.00, for a total expended amount of $491,419.00; and
WHEREAS, these additional open space work areas were previously analyzed in the IS/MND in compliance with CEQA; and
WHEREAS, none of the circumstances requiring preparation of a subsequent or supplemental MND (as specified in CEQA section 21166 and CEQA Guidelines 15162 and 15163) are present. This has been determined as there is no evidence in the record that (1) substantial changes are proposed for Project that will require major revisions of the MND, (2) substantial changes will occur with respect to the circumstances under which the Project will be undertaken that will require major revisions in the MND, or (3) new information, which was not known and could not have been known when the MND was certified, has become available.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough approves and authorizes the City Manager to execute a contract amendment with Go Native, Inc. for open space vegetation management services in the -119-
2 amount of $28,130 for additional services to be allocated from the Fiscal Year 2022- 2023 Streets and Stormwater – Fire Mitigation Expense budget, for a total expended contract amount of $491,419.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-120-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

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

EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH AKEL ENGINEERING GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE 2022

HILLSBOROUGH WASTEWATER COLLECTION SYSTEM MASTER PLAN UPDATE IN THE AMOUNT OF $40,216.00 FOR A TOTAL CONTRACT AMOUNT OF $381,776.00 PURSUANT TO CEQA GUIDELINE 15306
SUMMARY: On November 8, 2021, the City Council awarded a contract for professional engineering services to Akel Engineering Group, Inc. (“Akel”) for the 2022 Hillsborough Wastewater Collection System Master Plan Update (“Project”) in the amount of $341,560.00.

This Project will develop a comprehensive master plan that evaluates the current system, prioritizes the capital improvement program, minimizing inflow and infiltration, ensures compliance with regulatory requirements, and increases efficiencies in operations and maintenance.

As part of this scope thus far, Akel has successfully completed the four draft technical memorandums that comprise the master plan:
-Data Collection and Assessment of Collection System
-Wet Weather Flow Monitoring
-System Performance Evaluation and Capacity Assurance Plan -Capital Improvement Program
Due to the unanticipated low levels of rainfall in early 2022, additional flow monitoring data was necessary to analyze the impacts of wet weather on the Town’s sewer system. The cost to extend the monitoring period was $40,216.00. To complete final draft of the master plan, an additional $40,216.00 is needed.

FISCAL IMPACT: The cost of the proposed additional services is $40,216.00, which would be added to the previously authorized contract sum of $381,776, for a total cost of $366,560.00. It is recommended that funding for this project be allocated from the Priority Basins Inflow & Infiltration Rehabilitation Program (Capital Improvement Plan #606.47) in the amount of $40,216.00.

ENVIRONMENTAL ISSUES: The action is categorically exempt from the California Environmental Quality Act according to Section 15306 of the California Code of Regulations.

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
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RECOMMENDATION: Adopt the resolution approving and authorizing the city manager to execute an amendment to the existing agreement with Akel Engineering, Inc. for professional engineering services for the 2022 Hillsborough Wastewater Collection System Master Plan Update in the amount of $40,216.00, for a total contract amount of $366,560.00. -122-
RESOLUTION NO. 23-

RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH AKEL ENGINEERING GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE 2022 HILLSBOROUGH WASTEWATER COLLECTION SYSTEM MASTER PLAN UPDATE IN THE AMOUNT OF $40,216.00 FOR A TOTAL CONTRACT AMOUNT OF $381,776.00 PURSUANT TO CEQA GUIDELINES 15306 WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s wastewater system); and
WHEREAS, on November 8, 2021, the City Council awarded an agreement for professional engineering services to Akel Engineering Group, Inc. (“Akel”) to develop the 2022 Hillsborough Wastewater Collection System Master Plan Update (“Project”) in the amount of $341,560.00; and WHEREAS, the Project will develop a comprehensive master plan that evaluates the current system, prioritizes the capital improvement program, minimizing inflow and infiltration, ensures compliance with regulatory requirements, and increases efficiencies in operations and maintenance; and WHEREAS, thus far, Akel has successfully completed the four draft technical memorandums that comprise the master plan; and
WHEREAS, Akel submitted a proposal to conduct additional flow monitoring due to unanticipated low levels of rainfall in early 2022; and WHEREAS, staff determined the cost and level of effort of these services to be reasonable; and
WHEREAS, Priority Basins Inflow & Infiltration Rehabilitation Program (Capital Improvement Plan #606.47) in the amount of $40,216.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an amendment to the existing agreement with Akel Engineering, Inc. for professional engineering services for the 2022 Hillsborough Wastewater Collection System Master Plan Update in the amount of $40,216.00, for a total contract amount of $381,776.00.

Mayor of the Town of Hillsborough
Attest: City Clerk
-123-
2 This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of January 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-124-

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

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: ADOPTION OF AN 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.

Updates to Title 15 of the Hillsborough Municipal Code 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. State codes by default go into effect on January 1, 2023, and the local amendments are effective January 1, 2023 with the adoption of Urgency Ordinance No. 786 on November 28, 2022, to ensure that local amendments necessary for the protection of the public health, safety and welfare went into effect immediately. The regular ordinance was introduced on December 12, 2022. Upon adoption on January 9, 2023, the amendments will be effective in 30 days.

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. -125-
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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.

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. -126-
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California Electrical Code Updates: No significant changes.

California Plumbing Code Updates: No significant changes.

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

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: Ordinance
PREPARED BY: Tim Anderson, Assistant Director of Building & Planning and Christine Reed, Fire Marshal
RECOMMENDATION: Adopt the ordinance entitled "An 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."
-127-
1 ORDINANCE NO. ___

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 Sections 15061(b)(3) and 15378 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.
-128-
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 by reference pursuant to Government Code Section 50022.3 and will set the public hearing for consideration of this ordinance to be held on Monday, January 9, 2023; and
WHEREAS, the City Council finds that adoption of this 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 to the California Residential, Building, and Fire Code, 2022 editions, by this ordinance.

Specifically, the Town of Hillsborough finds as follows:
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3 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 California amendments thereto, are hereby adopted as and for the rules, regulations, and -130-
4 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 -131-
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, excluding accessory dwelling units, 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 -132-
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 calculationsin 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:
-134-
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.

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 -135-
9 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.

-136-
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.” P. A new Section 15.04.125 of the Hillsborough Municipal Code is hereby added -137-
11 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.

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 -138-
12 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
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, -139-
13 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 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. -140-
14 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 permittable 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 reinspections will be billed at an hourly rate consistent with the Central County Fire Department Fee Schedule.
-141-
15 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 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.
-142-
16 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.”
EE. Section 15.20.040 of the Hillsborough Municipal Code is hereby amended to read as follows:
-143-
17 “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.
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 -144-
18 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”

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, -145-
19 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:
“15.20.080 Section 903.1.2, CFC - Additions and alterations.

Section 903.1.2, CFC is added to read as follows:
-146-
20 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 direction of charging stations.”
-147-
21 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 to the seismic retrofit requirements, asbestos, and other hazardous material abatement.
-148-
22 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.

Exception: Buildings classified as single-family dwellings. -149-
23 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 signs for the interior doors shall be at least six inches by six inches (6" × 6").
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24 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.

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 -151-
25 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. Adoption by Reference; Setting the Public Hearing The City Council is adopting this Ordinance by reference pursuant to Government Code Section 50022.3 and hereby sets the public hearing for consideration of this Ordinance to be held on Monday January 9, 2023. The City Clerk is hereby directed to publish a notice to this effect pursuant to Government Code Section 50022.3 and 6066.

Section 6. Posting.

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

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
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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
ORDINANCE NO. ____ of the Town of Hillsborough introduced on December 12, 2022, and adopted on January 9, 2023, by the following vote of the City Council:

AYES: Councilmembers ______________________________
NOES: Councilmembers ______
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
19 NEW BUSINESS

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ADOPTING THE 2023 SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: This resolution memorializes changes to the salary schedule due to contractual obligations. California Public Employees Retirement System requires the pay scheduled to be adopted at a public meeting of the governing body.

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

ATTACHMENTS:

1. Resolution

2. Salary Schedule
PREPARED BY: Kristin Armbruster, Human Resources Manager RECOMMENDATION: Adopt the resolution adopting the 2023 Salary Schedule for the Town of Hillsborough pursuant to CEQA guideline 15378.
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RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

ADOPTING THE SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the Town of Hillsborough has established compensation rates for all positions in the Town of Hillsborough; and
WHEREAS, California Public Employees Retirement System requires a pay scheduled to be adopted by the governing body of the agency at a public meeting; and
WHEREAS, the Town of Hillsborough desires to meet the requirements of the Public Employees Retirement System; and
WHEREAS, the salary schedule includes contractually obligated changes and changes approved by the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough adopts the Salary Schedule with changes for the positions noted effective January 2, 2022.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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ATTACHMENT 1
Merit positions
salary effective date Step A B C D E MOU
Accountant Bi-weekly 3,903 4,098 4,303 4,518 4,744 Unrep 1/2/2023 Monthly 8,456 8,879 9,323 9,789 10,279
Annually 101,475 106,549 111,877 117,470 123,344
Accounting Technician Bi-weekly 3,101 3,256 3,419 3,590 3,769 PW&C 1/2/2023 Monthly 6,719 7,055 7,408 7,778 8,166
Annually 80,626 84,656 88,894 93,340 97,994
Administrative Assistant Bi-weekly 2,768 2,906 3,051 3,204 3,364 PW&C 1/2/2023 Monthly 5,997 6,296 6,611 6,942 7,289
Annually 71,968 75,556 79,326 83,304 87,464
Assistant City Manager Bi-weekly 7,516 7,892 8,287 8,701 9,137 Unrep 1/2/2023 Monthly 16,285 17,099 17,955 18,852 19,796
Annually 195,416 205,192 215,462 226,226 237,550
Assistant Director of Building & Planning Bi-weekly 6,296 6,611 6,942 7,289 7,653 Unrep 1/2/2023 Monthly 13,641 14,324 15,041 15,793 16,582
Annually 163,696 171,886 180,492 189,514 198,978
Assistant Director of Finance Bi-weekly 5,401 5,671 5,955 6,253 6,566 Unrep 1/2/2023 Monthly 11,702 12,287 12,903 13,548 14,226
Annually 140,426 147,446 154,830 162,578 170,716
Assistant Engineer I Bi-weekly 3,579 3,758 3,946 4,143 4,350 Unrep 1/2/2023 Monthly 7,755 8,142 8,550 8,977 9,425
Annually 93,054 97,708 102,596 107,718 113,100
Assistant Engineer II Bi-weekly 3,946 4,143 4,350 4,568 4,796 Unrep 1/2/2023 Monthly 8,550 8,977 9,425 9,897 7,890
Annually 102,596 107,718 113,100 118,768 124,696
Assistant Planner Bi-weekly 3,670 3,853 4,046 4,248 4,461 Unrep Town of Hillsborough Salary Schedule
Adopted 1/09/2023
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ATTACHMENT 2
1/2/2023 Monthly 7,952 8,348 8,766 9,204 9,665
Annually 95,420 100,178 105,196 110,448 115,983
Associate Civil Engineer Bi-weekly 4,665 4,898 5,143 5,400 5,670 Unrep 1/2/2023 Monthly 10,108 10,612 11,143 11,700 12,285
Annually 121,290 127,348 133,718 140,400 147,420
Associate Planner Bi-weekly 4,220 4,431 4,653 4,886 5,130 Unrep 1/2/2023 Monthly 9,143 9,601 10,082 10,586 11,115
Annually 109,720 115,206 120,978 127,036 133,380
Budget Analyst Bi-weekly 4,293 4,508 4,733 4,970 5,218 Unrep 1/2/2023 Monthly 9,302 9,767 10,255 10,768 11,306
Annually 111,618 117,208 123,058 129,220 135,668
Building Attendant Hourly 15.50 20.00 Unrep
1/3/2022
Building Inspector I Bi-weekly 3,530 3,698 3,883 4,077 4,281 PW&C 1/2/2023 Monthly 7,648 8,012 8,413 8,834 9,276
Annually 91,780 96,148 100,958 106,002 111,306
Building Inspector II Bi-weekly 3,883 4,077 4,281 4,495 4,720 PW&C 1/2/2023 Monthly 8,413 8,834 9,276 9,739 10,227
Annually 100,958 106,002 111,306 116,870 122,720
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Building Official Bi-weekly 5,336 5,603 5,883 6,177 6,486 Unrep 1/2/2023 Monthly 11,561 12,140 12,747 13,384 14,053
Annually 138,736 145,678 152,958 160,602 168,636
Building and Planning Technician I Bi-weekly 2,768 2,906 3,051 3,204 3,365 PW&C 1/2/2023 Monthly 5,997 6,296 6,611 6,942 7,290
Annually 71,968 75,556 79,326 83,304 87,478
Building and Planning Technician II Bi-weekly 3,045 3,197 3,357 3,525 3,701 PW&C 1/2/2023 Monthly 6,598 6,927 7,274 7,638 8,019
Annually 79,170 83,122 87,282 91,650 96,226
Chief Building Official Bi-weekly 5,870 6,163 6,471 6,795 7,135 Unrep 1/2/2023 Monthly 12,718 13,353 14,021 14,723 15,458
Annually 152,620 160,238 168,246 176,670 185,500
Chief of Police Bi-weekly 8,076 8,480 8,904 9,349 9,816 Unrep 1/2/2023 Monthly 17,498 18,373 19,292 20,256 21,268
Annually 209,976 220,480 231,504 243,074 255,216
City Clerk Bi-weekly 4,827 5,068 5,321 5,587 5,866 Unrep 1/2/2023 Monthly 10,459 10,981 11,529 12,105 12,710
Annually 125,502 131,768 138,346 145,262 152,516
City Manager Bi-weekly 10,507 Unrep
1/2/2023 Monthly 22,765
Annually 273,182
Code Enforcement Officer I Bi-weekly 3,362 3,530 3,706 3,891 4,086 Police 1/2/2023 Monthly 7,284 7,648 8,030 8,431 8,853
Annually 87,412 91,780 96,356 101,166 106,236
Code Enforcement Officer II Bi-weekly 3,706 3,891 4,086 4,290 4,505 Police 1/2/2023 Monthly 8,030 8,431 8,853 9,295 9,761
Annually 96,356 101,166 106,236 111,540 117,130
Communications Manager Bi-weekly 4,916 5,162 5,420 5,691 5,976 Unrep 1/2/2023 Monthly 10,651 11,184 11,743 12,331 12,948
Annually 127,816 134,212 140,920 147,966 155,376
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Communications Officer I Bi-weekly 3,303 3,460 3,633 3,815 4,006 Police 1/2/2023 Monthly 7,157 7,497 7,872 8,266 8,680
Annually 85,878 89,960 94,458 99,190 104,156
Communications Officer II Bi-weekly 3,633 3,815 4,006 4,206 4,416 Police 1/2/2023 Monthly 7,872 8,266 8,680 9,113 9,568
Annually 94,458 99,190 104,156 109,356 114,816
Community Service Officer Bi-weekly 2,690 2,824 2,965 3,113 3,269 Police 1/2/2023 Monthly 5,828 6,119 6,424 6,745 7,083
Annually 69,940 73,424 77,090 80,938 84,994
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Deputy Director of Public Works Bi-weekly 5,833 6,125 6,431 6,753 7,091 Unrep 1/2/2023 Monthly 12,638 13,271 13,934 14,632 15,364
Annually 151,658 159,250 167,206 175,578 184,366
Director of Building and Planning Bi-weekly 7,488 7,862 8,255 8,668 9,101 Unrep 1/2/2023 Monthly 16,224 17,034 17,886 18,781 19,719
Annually 194,688 204,412 214,630 225,368 236,626
Director of Finance Bi-weekly 7,488 7,862 8,255 8,668 9,101 Unrep 1/2/2023 Monthly 16,224 17,034 17,886 18,781 19,719
Annually 194,688 204,412 214,630 225,368 236,626
Director of Public Works - City Engineer Bi-weekly 8,002 8,402 8,822 9,263 9,726 Unrep 1/2/2023 Monthly 17,338 18,204 19,114 20,070 21,073
Annually 208,052 218,452 229,372 240,838 252,876
GIS Coordinator Bi-weekly 4,062 4,265 4,478 4,702 4,937 Unrep 1/2/2023 Monthly 8,800 9,240 9,702 10,187 10,697
Annually 105,604 110,884 116,428 122,250 128,362
GIS Technician Bi-weekly 3,692 3,877 4,071 4,274 4,488 Unrep 1/2/2023 Monthly 8,000 8,400 8,820 9,261 9,724
Annually 96,003 100,804 105,844 111,136 116,693
HR Manager Bi-weekly 5,130 5,386 5,655 5,938 6,235 Unrep 1/2/2023 Monthly 11,115 11,670 12,253 12,866 13,509
Annually 133,380 140,036 147,030 154,388 162,110
Lead Communications Officer Bi-weekly 3,815 4,006 4,206 4,416 4,637 Police 1/2/2023 Monthly 8,266 8,680 9,113 9,568 10,046
Annually 99,190 104,156 109,356 114,816 120,557
Lead Facilities Worker Bi-weekly 3,427 3,598 3,778 3,967 4,165 PW&C 1/2/2023 Monthly 7,425 7,796 8,186 8,595 9,024
Annually 89,102 93,548 98,228 103,142 108,290
Lead Maintenance Worker Bi-weekly 3,264 3,427 3,598 3,778 3,967 PW&C 1/2/2023 Monthly 7,072 7,425 7,796 8,186 8,595
Annually 84,864 89,102 93,548 98,228 103,142
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Maintenance Worker I Bi-weekly 2,515 2,635 2,767 2,905 3,050 PW&C 1/2/2023 Monthly 5,449 5,709 5,995 6,294 6,608
Annually 65,390 68,510 71,942 75,530 79,300
Maintenance Worker II Bi-weekly 2,767 2,905 3,050 3,202 3,362 PW&C 1/2/2023 Monthly 5,995 6,294 6,608 6,938 7,284
Annually 71,942 75,530 79,300 83,252 87,412
Management Analyst I Bi-weekly 3,764 3,952 4,150 4,358 4,575 Unrep 1/2/2023 Monthly 8,155 8,563 8,992 9,442 9,914
Annually 97,864 102,752 107,900 113,308 118,962
Management Analyst II Bi-weekly 4,141 4,348 4,565 4,793 5,033 Unrep 1/2/2023 Monthly 8,972 9,421 9,891 10,385 10,905
Annually 107,666 113,048 118,690 124,618 130,858
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Management Assistant Bi-weekly 3,421 3,592 3,772 3,961 4,159 Unrep 1/2/2023 Monthly 7,412 7,783 8,173 8,582 9,011
Annually 88,946 93,392 98,072 102,986 108,134
Office Assistant Bi-weekly 2,535 2,662 2,795 2,935 3,082 PW&C 1/2/2023 Monthly 5,493 5,768 6,056 6,359 6,678
Annually 65,910 69,212 72,670 76,310 80,132
Planning Manager Bi-weekly 5,710 5,996 6,296 6,611 6,942 Unrep 1/2/2023 Monthly 12,372 12,991 13,641 14,324 15,041
Annually 148,460 155,896 163,696 171,886 180,492
Police Captain Bi-weekly 7,087 7,441 7,813 8,204 8,614 Unrep 1/2/2023 Monthly 15,355 16,122 16,928 17,775 18,664
Annually 184,262 193,466 203,138 213,304 223,964
Police Corporal Bi-weekly 4,570 4,798 5,038 5,290 5,555 Police 1/2/2023 Monthly 9,902 10,396 10,916 11,462 12,036
Annually 118,820 124,748 130,988 137,540 144,430
Police Lieutenant Bi-weekly 6,031 6,333 6,650 6,983 7,332 Unrep 1/2/2023 Monthly 13,067 13,722 14,408 15,130 15,886
Annually 156,806 164,658 172,900 181,558 190,632
Police Officer Bi-weekly 4,326 4,542 4,769 5,007 5,257 Police 1/2/2023 Monthly 9,373 9,841 10,333 10,849 11,390
Annually 112,476 118,092 123,994 130,182 136,682
Police Officer Trainee Bi-weekly 3,471 Police
1/2/2023 Monthly 7,521
Annually 90,246
Police Sergeant Bi-weekly 5,272 5,536 5,813 6,104 6,409 Police 1/2/2023 Monthly 11,423 11,995 12,595 13,225 13,886
Annually 137,072 143,936 151,138 158,704 166,634
Property Officer Bi-weekly 2,959 3,107 3,262 3,425 3,596 Police 1/2/2023 Monthly 6,411 6,732 7,068 7,421 7,791
Annually 76,934 80,782 84,812 89,050 93,493
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Public Works Asst. Superintendent Bi-weekly 4,673 4,907 5,152 5,410 5,680 PW Supe 1/2/2023 Monthly 10,125 10,632 11,163 11,722 12,307
Annually 121,498 127,582 133,952 140,660 147,680
Public Works Inspector I Bi-weekly 3,264 3,427 3,598 3,778 3,967 PW&C 1/2/2023 Monthly 7,072 7,425 7,796 8,186 8,595
Annually 84,864 89,102 93,548 98,228 103,142
Public Works Inspector II Bi-weekly 3,590 3,770 3,958 4,156 4,364 PW&C 1/2/2023 Monthly 7,778 8,168 8,576 9,005 9,455
Annually 93,340 98,020 102,908 108,056 113,456
Public Works Superintendent Bi-weekly 5,921 6,217 6,528 6,854 7,197 Unrep 1/2/2023 Monthly 12,829 13,470 14,144 14,850 15,594
Annually 153,946 161,642 169,728 178,204 187,122
Public Works Supervisor Bi-weekly 4,237 4,449 4,671 4,905 5,150 PW Supe 1/2/2023 Monthly 9,180 9,640 10,121 10,628 11,158
Annually 110,162 115,674 121,446 127,530 133,900
Records Clerk II Bi-weekly 3,225 3,386 3,555 3,733 3,920 Police 1/2/2023 Monthly 6,988 7,336 7,703 8,088 8,493
Annually 83,850 88,036 92,430 97,058 101,920
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Records Supervisor Bi-weekly 3,548 3,725 3,911 4,107 4,312 Police 1/2/2023 Monthly 7,687 8,071 8,474 8,899 9,343
Annually 92,248 96,850 101,686 106,782 112,112
Senior Accountant Bi-weekly 4,293 4,508 4,733 4,970 5,218 Unrep 1/2/2023 Monthly 9,302 9,767 10,255 10,768 11,306
Annually 111,618 117,208 123,058 129,220 135,668
Senior Accounting Technician Bi-weekly 3,410 3,581 3,760 3,948 4,146 PW&C 1/2/2023 Monthly 7,388 7,759 8,147 8,554 8,983
Annually 88,660 93,106 97,760 102,648 107,793
Senior Building and Planning Technician Bi-weekly 3,501 3,676 3,860 4,053 4,256 PW&C 1/2/2023 Monthly 7,586 7,965 8,363 8,782 9,222
Annually 91,026 95,576 100,360 105,378 110,660
Senior Building Inspector/Plan Checker Bi-weekly 4,380 4,599 4,829 5,070 5,323 PW&C 1/2/2023 Monthly 9,490 9,965 10,463 10,985 11,533
Annually 113,880 119,574 125,554 131,820 138,398
Senior Civil Engineer Bi-weekly 5,364 5,632 5,914 6,210 6,520 Unrep 1/2/2023 Monthly 11,622 12,203 12,814 13,455 14,127
Annually 139,464 146,432 153,764 161,460 169,520
Senior Management Analyst Bi-weekly 4,762 5,000 5,250 5,512 5,788 Unrep 1/2/2023 Monthly 10,318 10,833 11,375 11,943 12,541
Annually 123,812 130,000 136,500 143,312 150,487
Senior Planner Bi-weekly 4,853 5,096 5,351 5,619 5,900 Unrep 1/2/2023 Monthly 10,515 11,041 11,594 12,175 12,782
Annually 126,178 132,496 139,126 146,094 153,387
Hourly positions
1/3/2022
Laborer - Temporary Hourly 30.00 40.00
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Intern I - Temporary Hourly 20.00 30.00
Intern II - Temporary Hourly 25.00 35.00
Intern III - Temporary Hourly 30.00 40.00
Clerical - Temporary Hourly 15.50 35.00
Technician - Temporary Hourly 30.00 40.00
Communications Officer - Temporary Hourly 55
-166-

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

NEW BUSINESS

CITY COUNCIL MEETING
JANUARY 09, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION RATIFYING AND EXTENDING THE PROCLAMATION

DECLARING THE EXISTENCE OF A LOCAL EMERGENCY BY THE DIRECTOR OF EMERGENCY SERVICES PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The City Council is being asked to adopt a resolution to ratify the proclamation declaring existence of a local emergency that was signed by the Town’s Director of Emergency Services on January 4, 2023 due to the conditions and threatened conditions to the safety and persons or property related to the storm events in the San Francisco Bay Area.

The adoption of the resolution ratifying the proclamation declaring a local emergency protects and preserves the public health and safety of Town residents and property. Further, declaring a local emergency may assist the Town with obtaining State and federal resources as they become needed and available.

The Director of Emergency Services proclaimed the local emergency based on several factors:

1. Extreme and unprecedented levels of rainfall in the San Francisco Bay Area, which meteorologists referred to as an "atmospheric river," occurred over the New Year's Eve weekend.

In particular, during the twenty-four- hour period beginning early on New Year's Eve Day, an average of approximately 5.8 inches of rain fell in San Mateo County.

2. This extraordinary level of rainfall and associated severe weather have resulted in flooding and other impacts that have created conditions of disaster and extreme peril to the safety of persons and property within the Town of Hillsborough.

3. Among other things, vehicle traffic has been seriously disrupted, with major roads within the Town of Hillsborough intermittently closed by the severe weather. In particular, there have been prolonged closures at Sandra Road and the 1200 block of Black Mountain Road due to the extreme rain, mudslides and associated severe weather.

4. Other public services, including sewer and water infrastructure and access to fire and other emergency services, have been put at risk of failure by the weather.

5. Hillsides in certain sections of the Town appear to be slipping and creeks are overflowing leading to safety risks for nearby residents.

6. The Town’s Police Station has endured flooding in the basement region that could create issues for the Town.
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20 Agenda Staff Report - Hillsborough City Council
January 09, 2023

Page 2 ends

Hillsborough City CouncilJanuary 9, 2023

Hillsborough City Council
January 9, 2023