Agenda — Hillsborough City Council, October 9, 2023

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, OCTOBER 9, 2023
5:00 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
Meetings of the City Council are held in-person in Council Chambers. As a courtesy and technology permitting, the meeting will also be held virtually via Zoom Video Conference. However, the Town cannot guarantee that the public’s access to the Zoom virtual platform will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue.

In the event a Councilmember is participating remotely under the requirements of Government Code Section 54953 with regard to “just cause” or an “emergency” situation as those terms are defined in the Brown Act, the Town will stop the meeting if there is any technology disruption until such time that the public is reconnected to the live in person meeting and able to provide comment.

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 on the agenda item 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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Meeting ID: 857 1985 4070
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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 close of the public comment period for the item. In response, the Town will unmute the speaker and allow them to speak up to three minutes.

CLOSED SESSION (5:00 p.m.)
Agenda – Hillsborough City Council
Monday, October 9, 2023

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CALL TO ORDER

ROLL CALL

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

CLOSED SESSION ITEM
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant – One Potential Case (see claim form in agenda packet)

PUBLIC COMMENT
Members of the public may provide public comments on the 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.

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: Special City Council Meeting of September 27, 2023 VI. RECOGNITION
• RECOGNITION OF FIRE CHIEF BRUCE BARRON ON HIS RETIREMENT VII. PROCLAMATION
• OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH
VIII. PRESENTATION
• MAYOR'S APPLAUSE
IX. PUBLIC COMMENT I
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

Members of the public participating in person are requested to complete a yellow speaker card and submit it to the City Clerk before addressing the City Council. Members of the public may provide comments via the Zoom platform by using the “raise hand” feature or, if calling in by phone, by pressing *9 on the telephone keypad. In response, the Town will unmute the Agenda – Hillsborough City Council
Monday, October 9, 2023

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speaker and allow them to speak on any topic for up to three minutes. If there appears to be a large number of speakers, speaking time may be reduced to no less than 2 minutes, at the discretion of the Mayor. Members of the public are limited to one comment at this time. State law prohibits the Council from discussing or acting on non-agenda items, and generally limits the ability of the Council to respond to any public comments made regarding non-agenda items.

X. 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.

XI. 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: SEPTEMBER 1 THROUGH SEPTEMBER 30, 2023 PURSUANT TO CEQA GUIDELINE 15378

2. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2023 PURSUANT TO CEQA GUIDELINES 15378 AND 15273

3. RESOLUTION IMPLEMENTING PREVIOUSLY AUTHORIZED INCREASES TO SOLID WASTE RATES EFFECTIVE JANUARY 2024 PURSUANT TO CEQA GUIDELINES 15378 AND 15273

4. RESOLUTION IMPLEMENTING PREVIOUSLY AUTHORIZED INCREASES TO WATER SERVICE CHARGES AND VOLUME CHARGES EFFECTIVE JANUARY 2024 PURSUANT TO CEQA GUIDELINE 15378 AND 15273

5. RESOLUTION FUNDING A CONTRIBUTION OF $11,648 TO HILLSBOROUGH CITY SCHOOL DISTRICT IN FY 2023-24 TO CONTRIBUTE TOWARD THE COST OF THE SCHOOL CROSSING GUARD PROGRAM PURSUANT TO CEQA GUIDELINE 15378

6. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING AND APPROPRIATING $5,000 TO CORA (COMMUNITY OVERCOMING RELATIONSHIP ABUSE) FOR THE SPEAK UP INITIATIVE PURSUANT TO CEQA GUIDELINE 15378

7. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT WITH NORGO ENGINEERING CO.

FOR THE 150 WOODRIDGE ROAD PIPE EXTENSION PROJECT IN THE AMOUNT OF $47,300 FOR A TOTAL PROJECT BUDGET OF $245,063.50 PURSUANT TO CEQA GUIDELINE 15301

8. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH REDGWICK CONSTRUCTION CO. FOR THE EUCALYPTUS PEDESTRIAN PATHWAY PROJECT IN THE AMOUNT OF $1,020,962.20 PURSUANT TO CEQA GUIDELINE 15301 Agenda – Hillsborough City Council
Monday, October 9, 2023

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9. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AMENDMENT TO THE EXISTING CONTRACT WITH FARALLON COMPANY FOR

10. REVIEW AND APPROVE THE TOWN’S RESPONSE TO THE SAN MATEO COUNTY GRAND JURY REPORT, “BIKE SAFETY IN SAN MATEO COUNTY: MAKING CYCLING SAFER IN THE COUNTY” PURSUANT TO CEQA GUIDELINE 15378

11. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH JMB CONSTRUCTION, INC. FOR THE SANDRA HAYNE STORM DRAIN REPLACEMENT PROJECT TO IN THE AMOUNT OF $2,534,036.74 PURSUANT TO CEQA GUIDELINE 15302
XII. OLD BUSINESS

12. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 8.32 OF THE

HILLSBOROUGH MUNICIPAL CODE TO BAN GAS POWERED LEAF BLOWERS XIII. DISCUSSION

13. DISCUSSION AND POTENTIAL DIRECTION TO STAFF RELATED TO EXPANDING

THE REVIEW OF THE FUNDRAISING EVENT PERMIT PROCESS AND FEES TO

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

XV. CITY COUNCIL ITEMS
This section of the agenda provides the City Council an opportunity to report their participation in activities related to any intergovernmental committee assignments. No action can be taken on any item not on the agenda.

XVI. TOWN UPDATE
XVII. 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.

Agenda – Hillsborough City Council
Monday, October 9, 2023

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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. All oral comments made at public meetings, including a speaker’s name, are recorded and included as part of the public record in the meeting minutes. Meeting minutes are publicly accessible via the Town website and via various internet search engines. Written comments, including a commenter’s name, are a public record and subject to disclosure on the Town website and/or upon request pursuant to the California Public Records Act (with personal contact information including personal email addresses and personal phone numbers redacted).

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
From: talat sadiq
Sent: Thursday, April 20, 2023 11:39 AM
To: Lisa Natusch
Cc: Nicole De Lancie; Shahla Sadiq
Subject: Claim Against the Town of Hillsborough Claim Form - C L A I M F O R M
Name & Address
ANS:

Names   :Talat & Shahla Sadiq
Daytime  :Phone
Address  : Hillsborough Ca 94010
Address where notices should be sent :

ANS: same as above
Email address : ,
Date of loss / accident approx time ANS : 11am ‐ 3pm on Dec 31 2022 Location of loss / accident
ANS : water went into the crawl space ( about 5 ft in height and 50 odd feet in length) which reached the top of crawl space and destroyed all insulation and Heating Ducts ( which service ground floor). Some water and mud remained in the crawl space after the flooding. (Few pics attached ) Briefly explain how loss / accident occurred :

ANS : The Town engineers explained that the culvert installed by the Town behind our house for which the Town has an easement, was too small for the volume of water. The Town had planned to enlarge the culvert in the near future but deferred action as our location was not considered to be at risk at the time of their decision. We found water at knee level covering the entire lawn at very high speed flowing toward the house for at least an hour. It went around the house from both sides on to Barroilhet Ave and Town drains ‐pictures in separate email. Some of them have been shared with the Town administration and engineers by Nicole. Our House is considered not in Flood zone because of the Town Culvert as it was designed to take water from creek thru a pipe that is underground in he Town easement and into the drains on Barroilhet Ave. All conversations and emails with the Town Administration and Engineers are in possession with Nicole and Doug. There is a separate email I will be sending sending with lengthier explanation of the details.

If known , provide names of employees contractors etc. That caused accident -1-

CLOSED SESSION ITEM A
2 ANS : We don’t have this information.

Claim is for the following items :

ANS:
1) clean crawl space ‐ see COIT invoice email $ 12,212.44 2)Replacement heating ducts and all insulation. See Californiair ‐ invoice email. $. 12,642.00 + 1,275.00 = 13,717.00
3) Lawn and plants destroyed need to be reseeded and replaced.

Talking to several landscaping companies. estimates range $ 4,000 ‐ $ 6000.

A decision on this aspect will be made soon after weather stabilizes Associated Emails to follow :
1) invoice of Coit ‐ to clean and repair crawl space
2) invoice from Californiair for insulation, ducting and HVAC management 3) pictures of garden after flood and damage to crawl space 4) emails of all communication between us and Town employees in administration and engineering are already in possession of Town Administration. Special mention about how competent, sympathetic, knowledgeable, transparent and helpful both Nicole, and Doug (head of engineering), were, during this traumatic process. 5) brief summary of above ‐please see in email as Narrative to follow..

Appreciate a resolution to the above claim at your earliest convenience. This has been our first interaction on any issue as residents in HillsBorough.

Best Regards,
Talat & Shahla Sadiq
-2-

UNAPPROVED MINUTES
WEDNESDAY, SEPTEMBER 27, 2023
2:00 PM SPECIAL CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
Meetings of the City Council are held in-person. As a courtesy, and in compliance with applicable state law, staff and members of the public participated in the meeting in person at Town Hall or virtually via Zoom Video Conference.

SPECIAL CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Krolik called the meeting to order at 2:00 p.m.

II. ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik
III. ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Christopher Diaz stated that specific sites in the Housing Element would not be discussed in Item 1 but noted that there are two Councilmembers with potential issues and conflicts regarding some of the sites, but for purposes of this meeting, no recusals are required.

IV. OLD BUSINESS

1. REVIEW REVISIONS TO DRAFT HOUSING ELEMENT PER CITY COUNCIL DIRECTION ON MAY 11, 2023 AND PROVIDE DIRECTION TO STAFF ON

SUBMITTAL TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT (HCD)
Planning Manager Liz Ruess provided the staff report. City Attorney Christopher Diaz provided additional information.

Mayor Krolik opened public comment.

Dennis Moore, Churchill Drive, expressed appreciation for the revisions to the Housing Element and expressed concerns that the Town is moving too slowly and that ADUs are not being incentivized or accelerated.

Laith Salma stated that the ADU production numbers for this year are worse than prior years and encouraged notification to residents of the upcoming ADU outreach program.

Mayor Krolik closed public comment.

Vice Mayor Cole presented a slide regarding Housing Element noncompliance consequences and penalties.

Following discussion, by consensus, the City Council supported resubmission of the Housing Element to the California Department of Housing and Community Development (HCD).

V. ADJOURNMENT
Mayor Krolik adjourned the meeting at 3:15 p.m.
-3-

-5-

-7-

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

CITY COUNCIL MEETING
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: SEPTEMBER 1 THROUGH SEPTEMBER 30, 2023 PURSUANT TO CEGA GUIDELINE 15378
SUMMARY: The monthly claims for the month of September 2023 in the amount of $5,210,939.88 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 September 2023 as submitted. -9-

TOWN OF HILLSBOROUGH

REPORT OF GOODS & SERVICES PURCHASED
DURING THE MONTH OF SEPTEMBER 2023
PREPARED BY:

Alan Singh
DocuSign Envelope ID: F3216731-63E7-447B-B6B6-8418F300E9A6 -10-

TOWN OF HILLSBOROUGH

SUMMARY OF PURCHASES
DURING THE MONTH OF SEPTEMBER 2023
GOODS & SERVICES PURCHASED $2,059,474.42
NET SALARIES & TAXES PAID 1,421,801.92
HEALTH BENEFIT PREMIUMS 168,493.40
CCFD FUNDING 703,368.00
SAN FRANCISCO WATER PAYMENTS 857,802.14
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $5,210,939.88

FINANCE DIRECTOR DATE

CITY MANAGER DATE
DocuSign Envelope ID: F3216731-63E7-447B-B6B6-8418F300E9A6 10/2/2023
10/2/2023
-11-

COMPARATIVE SUMMARY
For the Month of SEPTEMBER 2023
Sep-23 Sep-22 Sep-21
Goods & Services Purchased:

Operations 1,458,571.17 3,429,571.62 1,627,347.36
Capital 600,903.25 2,784,079.26 3,012,631.95
Net Salaries & Taxes Paid 1,421,801.92 1,404,472.12 945,782.93 Health Benefit Premiums 168,493.40 158,075.63 150,753.62 Bond Payments 0.00 44,782.84 47,911.19
CCFD Funding 703,368.00 654,879.00 602,441.00
San Francisco Water Payments 857,802.14 801,746.80 680,794.67 Total $5,210,939.88 $9,277,607.27 $7,067,662.72
NOTES:

Operations -
Capital -
Debt Service
outstanding Certificates of Participation and to terminate the related interest rate swaps.

Interest on the new bonds is paid in December and June each year.

CCFD -
Water -
to the SFPUC rate increase, as well as higher units purchased.

FY 23/24 spending is consistent with FY 22/23 spending except for the September 2022 Capital project spending September 2023 is primarily for the Street Resurfacing project, Priority Basins I & I Rehab, Eucalyptus Pathway, and the Darrell Tank project.

In June 2023, the Revenue Refunding Bond Series 2023 was issued to refinance the Town's one-time payment for a water claim settlement.

FY 23/24 contribution is based on budget/contract.

There was an SFPUC wholesale water rate increase on July 1, 2023 to $5.21 (from $4.75, a 9.6 % increase). The increase in FY 23/24 as compared to FY 22/23 is attributed DocuSign Envelope ID: F3216731-63E7-447B-B6B6-8418F300E9A6 -12-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING SEPTEMBER 2023
CK # VENDOR DESCRIPTION AMOUNT
13168 ACTION TOWING AND ROAD SERVICE TOW - VEHICLE #306 NO-DES PW 646.25 13169 AECOM TECHNICAL SERVICES, INC. HISTORIC ASSESSMENT BALANCE BP 0.30 13170 AFLAC AUG '23 INSURANCE PREMIUM HR 1,563.96
13171 AGUILAR & SONS INSTALL-PARKING STRIP SAN RAYMUNDO/VARIOUS PRJ PW 41,555.62 13172 ALL FENCE COMPANY, INC. REPLACE - FENCE/GATE ABOVE CORP YARD PW 22,795.00 13173 AMAZON WEB SERVICES, INC AUG '23 BACKUP STORAGE IT 7,508.99 13174 ANN STAR FORMAN FEE - NOTARY SERVICES AUG '23 BP 150.00 13175 AT&T 7/24/23-8/23/23 MULTIPLE ACCOUNTS 2,831.55
13176 AUTO PRIDE CAR WASH, INC AUG '23 CAR WASH PD 404.87 13177 BARKER BLUE DIGITAL IMAGING, INC IMAGING SERVICE – BINDERS '23 STREET RESURFACING P 64.20 13178 BAY PRO SEPT'23 LANDSCAPE MAINT VARIOUS SITES HB 2,741.00 13179 BAYSHORE SUPPLY & LIGHTS PARTS - LIGHTS ADMIN OFFICE PW 629.02 13180 BEST BEST & KRIEGER LLP FEE - JUL '23 LEGAL SERVICE 25,746.20 13181 BKF ENGINEERS TOBIN CLARK WALKING TRAIL DESIGN PRJ PW 30,768.50 13182 BOSCO OIL COMPANY GAS PD 4,553.92
13183 BURNETT LANDSCAPE DEVELOPMENT INC MAINT - SEPT '23 HBF LANDSCAPE VARIOUS SITES 10,361.00 13184 CARTEGRAPH SYSTEMS, LLC SOFTWARE - CMMS IMPLEMENTATION PW 1,332.16 13185 CENTRAL COUNTY FIRE DEPARTMENT SEPT '23 FISCAL CONTRIBUTION 703,368.00 13186 CHEMSEARCH SUPPLIES - ZYME PW 2,861.16
13187 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 356.73 13188 CITY OF BURLINGAME AUG '23 LIBRARY SERVICES CM 62,333.00 13189 CITY OF SAN MATEO SEPT '23 LIBRARY SERVICES CM 22,546.09 13190 CITY OF SOUTH SAN FRANCISCO TRAIN - RANGE USE 23/24 PD 2,500.00 13191 CLARK PEST CONTROL PEST CONTROL - PW 750.00
13192 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICE PW 3,008.00 13193 COMCAST JUL '23 CALNET NONCGEN LINE IT 4,691.25
13194 CONSOLIDATED CM, INC DARRELL TANK REPLACE PRJ MANAGE PW 49,211.93 13195 CSG CONSULTANTS, INC. CIP ADM WATER FY23-24 7/1/23-7/28/23/VARIOUS PRJ PW 15,142.00 13196 DAN OKANO EQUIP - LINE TRIMMER/CHAIN PW 982.61
13197 ERLER & KALINOWSKI, INC SANITARY SEWER DESIGN 23A PRJ PW 33,798.50 13198 FARALLON COMPANY INSTALL - EMERGENCY RETAINER WALL RALSTON PW 231,357.30 13199 FLOWATER MAINT - REPLACE WATER FILTER PW 764.53
13200 FOLGER GRAPHICS, INC PRINT - QUARTERLY NEWSLETTERS Q3 2023 CM 3,185.00 13201 FOSTER & FOSTER CONSULTING JUN '23 GASB 75 REPORT FN 2,500.00 13202 GLENN BERKHEIMER AUG '23/SEPT '23 LABOR RELATIONS HR 3,400.00 13203 GOVERNMENT TAX SEMINARS, LLC TRAIN - 2023 GOV TAX & EMPLOYEE BENEFIT FN 495.00 13204 GRAINGER UNIFORM - HOODED COVERALLS PW 145.17
13205 HACH COMPANY WATER QUALITY SUPPLIES PW 870.08
13206 HOME DEPOT CREDIT SERVICES JUL '23 VARIOUS PARTS & SUPPLIES PW 10,325.65 13207 HOUSING LEADERSHIP COUNCIL OF SM CO HOUSING ADVOCATE SPONSORSHIP 23/24 2,500.00 13208 INFOSEND, INC. PROGRAM FEE - UTILITY BILLS SOFTWARE CONVERSION F 780.00 13209 INTERWEST CONSULTING GROUP AUG '23 BUILDING INSPECTOR SERVICES BP 2,000.00 13210 INVISIO COMMUNICATIONS, INC EQUIP- HEADSET CONTROL UNIT/CABLES PD 9,107.40 13211 JOANNE M. AKAY CATERING - AUG'23 MANAGEMENT MEETING CM 450.00 13212 KELLY MOORE PAINT CO., INC SUPPLIES - PAINT/DOOR STANDS PW 91.63 13213 KRONOS SAASHR, INC. AUG'23 PAYROLL PROCESSING FN 1,968.22 13214 LC ACTION POLICE SUPPLY EQUIP - RIFLE/MUZZLE KIT PD 3,284.48 13215 LEATHER LEATHER FURNITURE GALLERY FURNITURE - REFURBISH LOBBY CHAIRS CM 11,405.00 13216 L.N. CURTIS AND SONS EQUIP - BALLISTIC HELMETS PD 3,044.53 13217 MARK D HUDAK LEGAL SERVICES - JUL 2023 CM 3,015.00 13218 MARY L. GOSSMAN SOFTWARE - LANDTRAK STREET RESURFACE PRJ PW 1,875.00 13219 MASTERPIECE GARDENERS, INC MAINT - AUG '23 HBF LANDSCAPE VARIOUS SITES 600.00 13220 MAYNE TREE EXPERT CO., INC. INSPECT - TREES FOREST AVE PW 800.00 13221 NAPA AUTO PARTS - BURLINGAME SUPPLIES - RAIN-X GLASS SPRAY PW 33.62 13222 NIGHTVISION NETWORK INC EQUIP - NIGHT VISION GOGGLES PD 25,890.00 13223 NORCAL RENTAL GROUP LLC SUPPLIES - PROPANE PW 37.27 13224 BLUEWAGON LANDSCAPE & DESIGN, INC REFUND - GRADE DEPOSIT BP 5,000.00 13225 GINETTO ADDIEGO REFUND - PUBLIC NOTIFICATION FEE BP 163.00 DocuSign Envelope ID: F3216731-63E7-447B-B6B6-8418F300E9A6 -13-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING SEPTEMBER 2023
13226 J5 INFRASTRUCTURE PARTNERS LLC REFUND - WIRELESS DEPOSIT BP 5,000.00 13227 JACKIE CHAN REFUND - BUILD DEPOSIT BP 4,000.00
13228 JACKIE CHAN REFUND - GRADE DEPOSIT BP 5,000.00
13229 PATRICK GILSON & JAMIE ZUBROW REFUND - GRADE DEPOSIT BP 5,000.00 13230 IRFAN AZIZ REIMB - FINGERPRINT SERVICE FEE HR CHECK REPLACE 74.00 13231 D'CARMO INTERLOCKING PAVERS INC REFUND - VOID BUSINESS LICENSE FEE FN 104.00 13232 GALLS UNIFORM - PARKAS PD 930.49
13233 RCFFA SMCO MEMORIAL SERVICE MEMORIAL SERVICE CONTRIBUTION 9/10/23 PD 400.00 13234 100 NP, LLC REFUND - WATER DEPOSIT BAL FN 260.14
13235 HECTOR M DOMINGUEZ REFUND - WATER DEPOSIT BAL FN 285.27 13236 PAKPOUR CONSULTING GROUP,INC 2023 STREET RESURFACING PRJ INSPECT PW 2,739.50 13237 PAYMENTUS CORPORATION EQUIP - CREDIT CARD DEVICE FN 900.00 13238 PENINSULA UNIFORMS & EQUIPMENT, INC SUPPLIES - PEPPER SPRAY PD 1,160.94 13239 PG & E 7/11/23-8/8/23 MULTIPLE ACCOUNTS 17,768.56 13240 PRINTING SYSTEMS, INC. PRINT - BUSINESS LICENSES/ENVELOPES FN 192.82 13241 PRIORITY 1 MAINT - MULTIPLE VEHICLES PD 3,300.00
13242 QUADIENT LEASING USA, INC SUPPLIES - POSTAGE METER INK CARTRIDGE FN 153.78 13243 QUENCH USA, INC EQUIP - WATER STATION 8/28/23-9/27/23 PD 80.94 13244 R & A JANITORIAL SERVICE, LLC MAINT - WINDOW CLEANING MULTPLE SITES PW 2,900.00 13245 RED WING SHOE STORE WORK BOOTS - PW 300.00
13246 REDGWICK CONSTRUCTION COMPANY EUCALYPTUS PATHWAY PRJ PW 295,275.44 13247 REDWOOD GENERAL TIRE CO. MAINT - TIRES TRUCK #251 PW 417.27 13248 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 8/18/23-9/1/23 FN/CM 9,298.00 13249 SAN MATEO COUNTY FORENSIC LAB AUG'23 CRIME LAB SERVICES PD 422.00 13250 SAN MATEO LOCK WORKS, INC. ALARM DOOR KEYS PW 76.74 13251 SAN MATEO LUMBER CO., INC SUPPLIES - NAILS/BLADE/MACHETE PW 210.75 13252 SHAWN KIRBY JUL '23 POOL SERVICE 1640 RENTAL PW 200.00 13253 SOUTH BAY REGIONAL PUBLIC SAFETY TRAIN - DRIVING COURSE PD 455.00 13254 STANDARD INSURANCE COMPANY JUL '23/AUG '23 GROUP LIFE/ADD/LTD ASSESSMENT 5,558.92 13255 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,238.26 13256 SUN RIDGE SYSTEMS, INC SOFTWARE - RIMS BODY CAMERA INSTALL/SUPPORT PD 3,200.00 13257 THE ADAM-HILL COMPANY PARTS - WATER HOSE/NOZZLE PW 224.18 13258 THE CITIES GROUP INSURANCE JUL-DEC'23 WORKERS' COMP/SAFETY ASSESSMENT 120,291.76 13259 THOMSON WEST AUG '23 INVESTIGATIVE WEBSITE PD 1,015.00 13260 TRAFFIC LOGIX CORPORATION EQUIP - SOLAR RADAR SPEED SIGNS PW 17,193.76 13261 ULINE, INC. FURNITURE - STACKABLE CHAIRS PW 2,113.00 13262 UTILITY TELECOM, INC. AUG '23 ETHERNET & 3 CIRCUITS IT 392.75 13263 VIKING SHRED LLC SEPT '23 DESTRUCTION SERVICES PD 82.99 13264 WITMER-TYSON IMPORTS, INC. JUN'23/JUL '23/AUG '23 K-9 TRAINING PD 4,400.07 13265 ADP, LLC SEPT '23 MASTERTAX SOFTWARE SUPPORT FN 81.40 13266 AIXTEK EQUIP - APC BATTERIES/RACK/ACCESS POINTS PW IT 25,210.77 13267 ALERT DOOR SERVICE, INC. MAINT - GATE CORP YARD PW 350.00 13268 ALL FENCE COMPANY, INC. INSTALL - LATTICE FENCE ANNEX PW 9,937.00 13269 ANNA LAURA JONES HISTORICAL DESIGN REVIEW BP 3,000.00 13270 ARAMARK SERVICES, INC COFFEE & SUPPLIES BP 248.49 13271 AT&T INSTALL - ETHERNET CONNECTION PD 10,993.84
13272 BAY AREA AIR QUALITY MGMT. DIS PERMIT RENEWAL FEE PW 729.00 13273 BAY AREA WATER SUPPLY & CONSERVE WATER SUPPLY MODEL PROGRAM MAY- JUN 23 PW 7,506.62 13274 BAY PRO MAINT - JUL '23/AUG '23 HAYNE/DARRELL ISLAND PW 450.00 13275 BEST BEST & KRIEGER LLP FEE - AUG '23 LEGAL SERVICE 500.00 13276 BKF ENGINEERS EUCALYPTUS PATHWAY DESIGN PW 2,473.00 13277 BOSCO OIL COMPANY GAS/DIESEL PW 1,672.92
13278 BURNETT LANDSCAPE DEVELOPMENT INC MAINT - SEP '23 TOWN LANDSCAPE VARIOUS SITES PW 4,360.00 13279 CHRISTINA M MOSES SOFTWARE - WATER BILL CALCULATOR UPDATE FN 350.00 13280 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 356.73 13281 CLARK PEST CONTROL PEST CONTROL - PW 375.00
13282 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICE PW 10,528.00 13283 COAST TO COAST TRUCKING SCHOOL, LLC TRAIN - DRIVING SCHOOL PW 5,000.00 13284 COMCAST SEP '23 PW 479.69
13285 CORE & MAIN LP PARTS - BOLTS/HEX NUTS PW 177.14
13286 CORRPRO COMPANY INSPECT - WATER TANKS MULTIPLE SITES PW 6,435.00 DocuSign Envelope ID: F3216731-63E7-447B-B6B6-8418F300E9A6 -14-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING SEPTEMBER 2023
13287 CSG CONSULTANTS, INC. CIP ADM SEWER FY23-24 7/1/23-7/28/23/VARIOUS PRJ PW 70,075.00 13288 CWEA TRAIN - COLLECT SYSTEM OPERATOR BEST PRACTICE PW 335.00 13289 DANIEL RICHARD CHARLES INSPECT - POWER ISSUE TARTAN STATION PW 1,674.70 13290 DEPARTMENT OF WATER RESOURCES 23/24 DAM FEES-CROCKER SPENCER LAKE PW 33,922.00 13291 DU-ALL SAFETY, LLC AUG '23 SAFETY CONSULT PW 3,980.00 13292 EMPLOYMENT DEVELOPMENT DEPT. APR-JUN'23 UNEMPLOYMENT INSURANCE FN 5,400.00 13293 EPRINTS & DOCUMENT SERVICES PRINTING - BUSINESS CARDS STAFF CM 71.09 13294 FASTENAL COMPANY SUPPLIES - PERSONNEL PROTECTIVE EQUIP PW 428.99 13295 FLOWATER EQUIP - SEPT '23 WATER STATION FN/BP 341.46 13296 FRANCHISE TAX BOARD VENDOR WITHHOLDING ORDER FN 558.24 13297 GO NATIVE, INC REPAIR - STORM CLEAN UP CRYSTAL SPRINGS SITE PW 22,364.47 13298 HALEY & ALDRICH, INC INSPECT - RETAINING WALL RALSTON PW 20,571.96 13299 HEART OF SAN MATEO COUNTY JUL'23 - JUN'24 MEMBERSHIP FEE CM 3,496.00 13300 INTERSTATE BATTERY SYSTEM OF SF PARTS - BATTERY TRUCK #593/210 PW 714.54 13301 INTERSTATE TRAFFIC CONTROL PRODUCT PARTS - CUSTOM SIGNS PW 1,968.75 13302 REBECCA BURNSIDE AUG '23 HR SERVICES 15,042.47
13303 KELLY MOORE PAINT CO., INC SUPPLIES - PROTECTIVE FILM/STAIN PD PW 198.85 13304 L.N. CURTIS AND SONS EQUIP - SPECIALIST RESPONDER KITS PD 6,617.50 13305 MAMME INC CATERING - CITY COUNCIL MEETING 9/11/23 CO 328.88 13306 CA METRO MOBILE COMMUNICATIONS INC REPAIR - RADIO TRUCK #177 PW 240.00 13307 METROPOLITAN PLANNING GROUP INC CONSULT - AUG '23 PLANNER SERVICES BP 12,828.75 13308 NAPA AUTO PARTS - BURLINGAME SUPPLIES - BLUE DEF PW 27.60 13309 NOEL L. MILLER, INC. REPAIR - MANIFOLD THERMOSTAT FORD F450 #593 PW 2,098.08 13310 NORGO ENGINEERING INSTALL - FLOWMETER MANHOLE CRYSTAL SPRINGS PW 20,800.00 13311 121 BELLA VISTA LLC REFUND - BUILD DEPOSIT BP CHECK REPLACE 33,892.50 13312 950 MACADAMIA CORPORATION REFUND - BUILD DEPOSIT BP CHECK REPLACE 2,337.02 13313 GARY & CHERYL PARTEE REFUND -BUILD STREET/CURB DEPOSIT BP 2,500.00 13314 GUANG DAI & LU CHEN REFUND - BUILD DEPOSIT BP 5,775.00 13315 WINNIE LI REIMB - FOOD INTERVIEW PANEL 9/24/23 HR 247.97 13316 PACIFIC MEDICAL INC EMPLOYEE MEDICAL HR 40.00
13317 ANGELA O'CONNOR REFUND - WATER OVERPAYMENT FN 762.44 13318 BRYAN SELBY REFUND - WATER DEPOSIT BAL FN 392.35
13319 ELIZABETH TANG REFUND - WATER DEPOSIT BAL FN 161.26 13320 GOLEGEND INC REFUND - WATER OVERPAYMENT FN 286.36 13321 GREGORY HAMPTON REFUND - WATER OVERPAYMENT FN 1,200.20 13322 JONATHAN W LEWIS REFUND - WATER DEPOSIT BAL FN 95.88 13323 NIHIL PATEL REFUND - WATER DEPOSIT BAL FN 71.62
13324 PATRICK JIMENEZ REFUND - WATER DEPOSIT BAL FN 277.54 13325 QIU YIN REFUND - WATER DEPOSIT BAL FN 312.09
13326 SARAH YONG-BACHMANN REFUND - WATER OVERPAYMENT FN 429.71 13327 TERA & DAN GILMARTIN REFUND - WATER OVERPAYMENT FN 100.00 13328 THE SCAFINE GROUP REFUND - WATER DEPOSIT BAL FN 397.76 13329 THOMAS J MURPHY REFUND - WATER OVERPAYMENT FN 420.64 13330 UNEEK MEHRA REFUND - WATER DEPOSIT FN 500.00
13331 OWEN EQUIPMENT COMPANY PARTS - TANK INLET ASSEMBLY #538 PW 1,622.85 13332 PAKPOUR CONSULTING GROUP,INC 2023 STREET RESURFACING PRJ INSPECT PW 70,219.88 13333 PG & E 8/5/23-9/5/23 MULTIPLE ACCOUNTS 56,714.06
13334 PLAN JPA AUG '23 DEDUCTIBLE CLAIMS VARIOUS ITEMS 6,657.03 13335 PRESIDIO SYSTEM, INC REFUND - DEPOSIT HYDRANT METER PW 2,000.00 13336 QUADIENT LEASING USA, INC POSTAGE METER LEASE 6/30/23 - 9/29/23 FN 532.59 13337 R & A JANITORIAL SERVICE, LLC AUG '23/SEPT '23 JANITORIAL SERVICES PW 20,962.44 13338 RED WING SHOE STORE WORK BOOTS - PW 300.00
13339 REDWOOD GENERAL TIRE CO. REPAIR - FLAT TIRE DIRECTOR'S VEHICLE PW 45.00 13340 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 9/1-15/23 CM/FN 8,845.81 13341 SAN MATEO LUMBER CO., INC SUPPLIES - DRYWALL/ADHESIVE/GRABBERS PD PW 40.89 13342 SPOTLIGHT IMPRESSIONS, INC PRINT - EMPLOYEE NAMEPLATE CM 33.84 13343 STANDARD INSURANCE COMPANY SEPT '23 GROUP LIFE/ADD/LTD ASSESSMENT 2,767.48 13344 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 610.28 13345 STATE WATER RESOURCE CONTROL BRD FEE - WATER OPERATOR CERTIFICATE PW 55.00 13346 THE ADAM-HILL COMPANY PARTS - WATER NOZZLES PW 179.49 13347 TYLER TECHNOLOGIES, INC. TRAIN - ERP SYSTEM UB RETAINED FEES FN 5,210.00 DocuSign Envelope ID: F3216731-63E7-447B-B6B6-8418F300E9A6 -15-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING SEPTEMBER 2023
13348 ULINE, INC. FURNITURE - ROOM DIVIDING PARTITION PW 686.12 13349 VERIZON WIRELESS 8/3/23-9/2/23 PW 2,086.50
13350 WILSEY HAM SEWER CIP 1D DESIGN PRJ PARROTT PW 1,489.76 13351 ZASIO ENTERPRISES, INC. SOFTWARE - 23-24 VERSATILE SYSTEM & SUPPORT FN 2,575.00 TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $2,442,039.31 CALPERS RETIREMENT CONTRIBUTIONS 214,728.98
VISA PAYMENTS 25,824.18
RETIREE HEALTH REIMBURSEMENTS 80,249.95
OTHER ELECTRONIC PAYMENTS 0.00
TOTAL GOODS & SERVICES FOR THE MONTH $ 2,762,842.42
DocuSign Envelope ID: F3216731-63E7-447B-B6B6-8418F300E9A6 -16-

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

CITY COUNCIL MEETING
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2023 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: Government Code Section 53646(b) requires that the Quarterly Investment Report be rendered to the City Council during public session within 45 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 September 30, 2023.
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Purchase Maturity Days to Amortized/Fair/ Coupon Valuation Issuer Type Date Date Maturity Cost Par Value Market Value Rate Yield Source LAIF On demand 64,924,921.43 64,924,921.43 63,939,912.92 3.4340% 1 Sec 115 Benefit Trust Company 5,319,261.73 5,319,261.73 5,319,261.73 1.9000% 3 Cash on Hand 8,300.00 8,300.00 8,300.00
Checking Account On demand 20,381,911.14 20,381,911.14 20,381,911.14 0.0100% 3 US Bank Custodial Account 280,844.99 280,844.99 280,844.99 0.0000% 4 Sub-total 90,915,239.29 90,915,239.29 89,930,230.78
INVESTMENTS: Cost Market Value
United States Treasury TN 9/1/2023 8/31/2027 1431 191,250.00 200,000.00 188,758.00 3.3100% 3 United States Treasury TN 10/29/2020 10/15/2023 1431 199,812.50 200,000.00 199,626.00 0.1300% 3 United States Treasury TN 6/11/2021 3/15/2024 167 200,250.00 200,000.00 195,438.00 0.2600% 3 United States Treasury TN 10/1/2021 9/30/2025 731 196,062.50 200,000.00 182,000.00 0.2600% 3 United States Treasury TN 9/1/2023 3/31/2028 1644 175,312.50 200,000.00 172,618.00 1.4500% 3 United States Treasury TN 9/1/2023 5/31/2028 1705 174,687.50 200,000.00 171,758.00 1.4600% 3 United States Treasury TN 6/11/2021 8/31/2024 336 206,000.00 200,000.00 192,484.00 1.3000% 3 United States Treasury TN 3/18/2022 12/31/2026 1188 192,500.00 200,000.00 179,156.00 1.3900% 3 United States Treasury TN 3/18/2022 1/31/2027 1219 194,625.00 200,000.00 180,078.00 1.6700% 3 United States Treasury TN 12/8/2022 8/15/2026 1050 184,437.50 200,000.00 182,304.00 1.6500% 3 United States Treasury TN 12/8/2022 5/15/2026 958 185,937.50 200,000.00 184,110.00 1.7600% 3 United States Treasury TN 7/19/2022 3/15/2025 532 193,210.94 200,000.00 190,188.00 1.8400% 3 United States Treasury TN 6/11/2021 7/31/2024 305 211,562.50 200,000.00 194,546.00 2.1800% 3 United States Treasury TN 9/1/2023 5/31/2027 1339 188,000.00 200,000.00 185,922.00 2.8200% 3 United States Treasury TN 7/19/2022 11/30/2025 792 198,570.31 200,000.00 191,328.00 3.0000% 3 United States Treasury TN 7/19/2022 7/15/2025 654 393,867.19 400,000.00 385,468.00 3.1100% 3 United States Treasury TN 6/8/2023 3/31/2025 548 197,687.50 200,000.00 196,024.00 3.9500% 3 United States Treasury TN 9/1/2023 11/30/2027 1522 196,812.50 200,000.00 193,876.00 4.0000% 3 United States Treasury TN 9/1/2023 2/29/2028 1613 198,125.00 200,000.00 194,828.00 4.1100% 3 United States Treasury TN 6/8/2023 10/25/2025 756 199,812.50 200,000.00 196,868.00 4.3200% 3 United States Treasury TN 12/8/2022 11/15/2025 777 203,125.00 200,000.00 197,882.00 4.5500% 3 ALLY BK SANDY UTAH NCD 7/21/2022 1/21/2025 479 200,000.00 200,000.00 193,324.00 3.1000% 3 BMW BK NORTH AMER SALT LAKE NCD 6/18/2021 6/18/2024 262 250,000.00 250,000.00 240,767.50 0.3100% 3 Sub-Total 4,731,648.44 4,850,000.00 4,589,351.50
GRAND TOTALS $ 95,646,887.73 $ 95,765,239.29 $ 94,519,582.28 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 September 30, 2023

TYPE OF INVESTMENTS VALUATION SOURCE
DocuSign Envelope ID: B0C53027-990F-4B19-8354-36CF8F56858A 10/2/2023
10/2/2023
-18-
RECAP: Purchase Price % to Total TOH Restriction 1st Quarter* Year To Date LAIF Local Agency Investment Fund $ 64,924,921.43 67.9% None 557,380 557,380 TCD Time Certificate of Deposit - 0.0% None
NCD Negotiable Certificate of Deposit 450,000.00 0.5% None 790 1,580 TB Treasury Bills - 0.0% None
TN Treasury Notes 4,281,648.44 4.5% None 11,531 23,061
CP Commercial Paper - 0.0% None
BA Bankers Acceptances - 0.0% None
CA Checking/Sweep Account 20,381,911.14 21.3% None 8,399 8,399 CUS Custodian Account 280,844.99 0.3%
COH Cash on Hand 8,300.00 0.0% None
Section 115 Trust 5,319,261.73 5.6% None 18,083 60,936
Sub-total 95,646,887.73 100%
Trustee - Bond Funds
Bond Funds - Investments
Total $ 95,646,887.73 596,183 651,357
Maturity of 2 years and under 66,777,499.56 69.8% -
Section 115 Trust 5,319,261.73 5.6% -
CA Checking/Sweep Account 20,381,911.14 21.3% -
CUS Custodian Account 280,844.99 -
COH Cash on Hand 8,300.00 0.0% -
Sub-total 92,767,817.42 96.7%
Maturity from 2-5 years 2,879,070.31 3.0%
Sub-total - Town Funds 95,646,887.73 100%
Bond Funds
Trustee - Bond Funds
Total Portfolio $ 95,646,887.73
TOTAL INVESTMENTS $ 74,975,831.60
CASH/CHECKING/MMA 20,671,056.13

TRUSTEE BOND FUNDS -
$ 95,646,887.73
*Estimate -
Investment Income
For Quarter Ending September 30,2023

INVESTMENT RECAP

TOWN OF HILLSBOROUGH
DocuSign Envelope ID: B0C53027-990F-4B19-8354-36CF8F56858A -19-

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

CITY COUNCIL MEETING
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION IMPLEMENTING PREVIOUSLY AUTHORIZED INCREASES TO SOLID WASTE RATES EFFECTIVE JANUARY 2024 PURSUANT TO CEQA GUIDELINE 15378 AND 15273
SUMMARY: The Town reviews the need for potential solid waste rate increases annually or as needed to ensure that revenues are sufficient to cover the costs of the solid waste function. The Town adopted a five-year schedule of increases to maximum authorized rates in 2022. To review the need for potential rate increases in January 2024, the Town contracted with HF&H Consultants, LLC. (“HF&H”) to prepare an updated analysis of the Town’s solid waste rate model using data and projections. The last rate increase was effective for January 2023.

Background
Solid waste, recyclable material, and organic collection services are provided to residential and business customers through a franchise agreement with Recology of San Mateo County (Recology). The franchise agreement expires on December 31, 2035.

The Town is a member of the South Bayside Waste Management Authority Joint Powers Agreement (SBWMA). Under the agreement, each member agency sets its solid waste rates for residential and commercial customers. Each of the eleven SBWMA member jurisdictions has a franchise agreement with Recology of San Mateo County for residential and commercial solid waste, residential recycling, and residential green waste collections. In addition, the Shoreway Environmental Center is owned by the SBWMA and operated by a contractor. The Shoreway facility serves as a regional solid waste and recycling facility for the receipt, handling, and transfer of refuse, recyclable, and organic materials.

Three major factors determine solid waste rates. First and foremost is the annual cost of collection and disposal of garbage and recyclables. Solid waste, recyclable, and organic materials are collected by Recology and taken to the Shoreway facility for processing, staging, and shipment.

The franchise agreement with Recology is a “fixed cost” contract where future costs are adjusted based on contractually approved indices. The second most significant factor in the costs of solid waste services is disposal fees (tipping fees at the Shoreway facility and the landfill). The SBWMA Board approves tipping fees and then passes through to the SBWMA agencies to be added to rates. Finally, the Town charges city fees and costs to Recology, including a franchise fee that does not exceed the cost the Town incurs to grant the franchise to Recology, as well as compensation for physical, tangible government property used by Recology for the provision of solid waste service. Recology has determined to meet this obligation by billing Hillsborough customers directly.
-21-
Agenda Staff Report - Hillsborough City Council
October 9, 2023

Page 2 ends

Analysis
HF&H performed a cost of service and rate study (the “Study”) for the Town of Hillsborough in 2022. On November 14, 2022, the City Council adopted Resolution No. 22-82, approving maximum rates for the Town’s solid waste rates for a five-year period as recommended in the Study and adopting the first year of the rate series effective for January 1, 2023.

To review the need for potential rate increases effective January 1, 2024, the Town contracted with HF&H consultants to prepare an updated analysis of the Town’s solid waste rate model using updated financial data and projections. The attached technical memorandum provides an analysis for a five-year timeframe for context only. The proposed resolution only covers the proposed rates effective January 1, 2024, if approved by the City Council.

Since the adoption of the initial rate study and after a competitive process, the major contract to operate the Shoreway Environmental Centers was awarded to South Bay Industries (SBI). The 2024 tipping fee is increasing by 25.2% (primarily) for this contract. The overall 2024 cost increase for all solid waste costs is increasing by 12.2% for the Town. This increase is above the original projection in the adopted rates, using a portion of the balancing account to cover the 2024 costs.

An updated rate study will be needed to review 2025/future years, based on the projections in the technical memorandum.

FISCAL IMPACT: The rate increases, along with the use of the balancing account, will produce sufficient revenue to cover the costs of the 2024 solid waste services.

ENVIRONMENTAL ISSUES: In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the increases in the solid waste service charges are exempt from CEQA pursuant to Section 15378 and Section 15273 of the CEQA Guidelines and Public Resources Code Section 21080(b0(8) because (i) the increase charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services and (ii) the charges constitute the creation of a funding mechanism/other governmental fiscal activity which does not involve any commitment to any specific project that may result in potential significant physical impact on the environment.

ATTACHMENTS:

1. Resolution

2. HF&H Report
PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Adopt the resolution implementing previously authorized increases to solid waste rates effective January 2024.
-22-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

IMPLEMENTING PREVIOUSLY AUTHORIZED INCREASES TO SOLID WASTE RATES EFFECTIVE JANUARY 2024 PURSUANT TO CEQA GUIDELINES 15378 AND 15273
WHEREAS, on November 14, 2022, the City Council approved Resolution No. 22-82 adopting maximum solid waste rates for the next five years; and WHEREAS, the Town may implement solid waste rates up to the adopted maximum rate and charges in the intervening years; and
WHEREAS, the Town adopted changes to the solid waste rates effective for January 1, 2023; and
WHEREAS, the Town now wishes to implement changes to solid waste rates to take effect on January 1, 2024, until amended, as authorized by Resolution No. 22-82, and such increased rates for solid waste rates shall not exceed the maximum rates adopted in 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby implements the following solid waste rates effective January 1, 2024 to be in effect until amended:

Residential Monthly Solid Waste Rates
1/1/2024
Flat Fee Per Parcel1 $30.32
Service Level2
20-Gallon-Cart $30.57
32-Gallon-Cart $37.33
64-Gallon-Cart $58.00
96-Gallon-Cart $84.62
Extra Organics Cart $25.88
1 Billed quarterly
2 Billed quarterly by Recology based on solid waste cart size. Rates include weekly service of solid waste container, recycling container, and organics container.
-23-
ATTACHMENT 1
2 32 64 96 1 2 3 6
1 /week $55.49 $69.89 $83.57 $137.90 $260.27 $423.13 $1,073.63 2 /week $83.15 $111.94 $139.31 $257.76 $502.50 $828.21 $2,129.21 3 /week $110.80 $154.00 $195.05 $377.61 $744.72 $1,233.29 $3,184.79 4 /week $138.46 $196.05 $250.79 $497.47 $986.95 $1,638.37 $4,240.37 5 /week $166.12 $238.10 $306.53 $617.32 $1,229.17 $2,043.45 $5,295.95 6 /week $193.77 $280.16 $362.27 $737.17 $1,471.40 $2,448.53 $6,351.53 Additional Containers
1 /week $13.30 $27.78 $41.52 $101.73 $225.16 $389.07 $1,043.81 2 /week $40.96 $69.84 $97.26 $221.59 $467.39 $794.15 $2,099.39 3 /week $68.61 $111.89 $153.00 $341.44 $709.61 $1,199.24 $3,154.97 4 /week $96.27 $153.94 $208.73 $461.30 $951.84 $1,604.32 $4,210.55 5 /week $123.92 $196.00 $264.47 $581.15 $1,194.06 $2,009.40 $5,266.13 6 /week $151.58 $238.05 $320.21 $701.01 $1,436.29 $2,414.48 $6,321.71 Monthly Commercial Solid Waste Rates (eff. 1/1/2024 )
Cart Size (Gallons) Bin Size (Cubic Yards)
Frequency
32 64 96 1 2 3 6
1 /week $27.75 $34.94 $41.79 $68.95 $130.14 $211.56 $536.81 2 /week $41.57 $55.97 $69.66 $128.88 $251.25 $414.10 $1,064.60 3 /week $55.40 $77.00 $97.53 $188.81 $372.36 $616.64 $1,592.39 4 /week $69.23 $98.02 $125.39 $248.73 $493.47 $819.18 $2,120.18 5 /week $83.06 $119.05 $153.26 $308.66 $614.59 $1,021.72 $2,647.97 6 /week $96.89 $140.08 $181.13 $368.59 $735.70 $1,224.26 $3,175.76 Additional Containers
1 /week $6.65 $13.89 $20.76 $50.87 $112.58 $194.54 $521.90 2 /week $20.48 $34.92 $48.63 $110.79 $233.69 $397.08 $1,049.69 3 /week $34.31 $55.94 $76.50 $170.72 $354.81 $599.62 $1,577.48 4 /week $48.13 $76.97 $104.37 $230.65 $475.92 $802.16 $2,105.27 5 /week $61.96 $98.00 $132.24 $290.58 $597.03 $1,004.70 $2,633.06 6 /week $75.79 $119.02 $160.10 $350.50 $718.14 $1,207.24 $3,160.85 Monthly Commercial Organics Rates (eff. 1/1/2024)
Cart Size (Gallons) Bin Size (Cubic Yards)
Frequency

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 October 2023, by the following vote of the members thereof:

AYES: Councilmembers
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3 NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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Managing Tomorrow’s Resources Today
590 Ygnacio Valley Road, Suite 105 Robert D. Hilton, Emeritus Walnut Creek, California 94596 John W. Farnkopf, PE
Telephone: 925/977-6950 Laith B. Ezzet, CMC
www.hfh-consultants.com Richard J. Simonson
Marva M. Sheehan, CPA
Robert C. Hilton

TECHNICAL MEMORANDUM
To: Jan Cooke, Finance Director, Town of Hillsborough
Richard Santiago, Assistant Finance Director, Town of Hillsborough From: Rick Simonson, Senior Vice President, HF&H
Gabe Sasser, Project Manager, HF&H
Alex Santos, Senior Associate, HF&H
Date: October 2, 2023
Subject: Solid Waste Rate Confirmation Study – Review Previously Adopted Solid Waste Rate Adjustment (effective January 1, 2024)
This technical memorandum reports the results of our analysis to update the Town of Hillsborough’s (Town’s) solid waste rate model using updated financial projections.

I. BACKGROUND
HF&H Consultants (HF&H) completed a solid waste rate study for the Town in November 2022.

At a public hearing on November 14, 2022, the City Council adopted the recommended rates from the study. The study projected the Town’s solid waste collection and disposal expense projections, for a five-year planning period, and recommended restructuring the Town’s rates charged to Residential and Commercial customers for solid waste and organics collections. Five annual rate increases were recommended to set rates from 2023-2027, with rate increases occurring January 1 of each year.

The objective of this solid waste rate update is to reassess existing rates to ensure rate revenues generated meet the Town’s projected expenses for the next five-year planning period 2024-2028.

The following sections present the findings, trends, and assumptions from our review and reprojection of revenues, expenses, and the fund balance through 2028. Our recommendations to adjust the Town’s current solid waste rates are detailed at the end of this memorandum.

II. ANALYSIS
A spreadsheet model was developed to derive revenue requirements for 2024-2028. The revenue requirements represent the costs that must be covered by revenue from rates and other sources. For this study, we have relied on Recology’s 2024 Compensation and SBWMA 2024 Disposal Expense Projections to estimate expenses during the planning period. Both Recology’s 2022 Revenue Reconciliation and the Gross Revenues and Fees June 2023 monthly report -26-
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provided by Recology informed revenue projections. We worked with Town staff to project expenses for additional years where approved budgets were not available.

The application of these projections to O&M and capital expenses are summarized graphically in Figure 1 and are described below in more detail.

Figure 1. Total Annual Projected FY Revenue Requirements Expense Projections
Recology's Collection costs summarize the annual collection compensation due each year. This compensation is calculated in accordance with the franchise agreement with the Town.

Recology’s 2024 compensation calculation has been audited by the South Bayside Waste Management Authority (SBWMA) and the final compensation approval is planned for the SBWMA’s September Board meeting.
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Recology’s Collection costs have increased slightly more than the planned amount from the previous rate study. Collection costs for 2024 will increase by 5.8% in comparison to the 5% projected previously. Recology’s collection costs are assumed to increase 4% annually through the end of the planning period.

Disposal and processing fees summarize the annual tipping fees collected by Recology for the processing of material at the SBWMA-owned Shoreway Environmental Center (SEC). These costs include the administrative costs required by SBWMA, as well. 2024 tipping fees are estimated by the SBWMA based on projected volumes collected within the Town and the approved per-ton tipping fees by material type. Under the previous study, SBWMA’s 2023 tipping fees were projected to increase by 5.0% in 2024, and 4.0% each year thereafter. However, SBWMA entered a new contract with its SEC operator. Beginning 2024, South Bay Industries will take over site operations from South Bay Recycling. Changes to the disposal and processing contract led to

25.2% increase from the 2023 disposal and processing fees charged, 25% related to the SBWMAset per ton tipping fees and 0.2% related to increases in volume of material collected from the Town’s residents and businesses. Figure 2 charts the historical increases to disposal and processing fees. On average, expenses increased 5.3% annually from 2019 to 2023. Thus, the significant increase to 2024 is unprecedented. However, with the new contract in place, volatility of this expense is assumed to decrease. Future disposal and processing fees are assumed to increase 5.0% annually through the end of the planning period, based on the historical trend from 2019-2023.
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Figure 2. Annual Disposal and Collection Expenses 2019-2024 Agency franchise and other fees summarize the franchise fees levied by the Town on Recology pursuant to the franchise agreement. The franchise fee is an obligation of Recology’s, paid out of the total amount imposed on ratepayers. The fee will increase commensurate with rate revenue increases.

Collectively, 2024 expenses are increasing 12.2% from 2023, growing from $3,819,092 to $4,286,152. By 2028, expenses are projected to be $5,125,200. The Town will require additional rate revenue to supplement its current revenues of $3,875,982.

Revenue Projections
The Town receives revenue from three sources governed by the rates adopted via the Proposition 218 process: 1) a flat $346.56 annual charge on the tax roll for residential accounts (which equates to $28.88/month); 2) a monthly charge, billed quarterly, by Recology, based on the size of solid waste container placed for residential collection; and, 3) Commercial customers are billed monthly in arrears by Recology based on the size of container placed for collection and the frequency of collection. These three revenue sources are termed “solid waste rates,” for the purposes of discussion in this memorandum.
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In addition, the Town receives approximately $79,500 in supplemental services, included as Attachment Q in the franchise agreement. Primarily, these revenues are due to backyard service collection provided by Recology. Since Attachment Q rates are increased by the Consumer Price Index each year, further increases to these rates were not considered in this solid waste rate update.

Previously, the Town adopted solid waste rates to increase revenues as shown in Figure 3. The revenue with the previously adopted rate increases is compared to the expense projections discussed previously. Note 2028 assumes no increase since rates were adopted through 2027.

Figure 3. Annual Revenue Increases Previously Adopted
To achieve the overall revenue increases identified in Figure 2, the following solid waste rates were adopted in November 2022. For brevity, commercial rate increases are excluded from Figure 4, but can be found in the Solid Waste Rate Study Final Report, dated September 16, 2022.

Figure 4. Adopted Annual Solid Waste Rates 2023-2027
Balancing Account
The franchise agreement with Recology includes an annual revenue reconciliation process where actual revenues billed are compared to Recology’s approved compensation. If there is a positive balancing account, the Town may keep rates flat or increase rates at a lower than necessary level, which draws down the balancing account. Excess revenues are accumulated and tracked by Recology on an annual basis and audited by the SBWMA. As of December 31, 2022, the Town has a positive balance account of $494,813. This balancing account is available to keep future 2024 2025 2026 2027 2028
Annual Revenue Increases 4.6% 4.4% 4.0% 3.9% 0.0%
Revenue with Previously Adopted Rates $4,053,425 $4,232,268 $4,402,026 $4,574,943 $4,574,943 Expense Projections $4,286,152 $4,483,372 $4,689,244 $4,904,890 $5,125,200 Surplus/(Shortfall) ($232,727) ($251,103) ($287,218) ($329,947) ($550,258) Residential Adopted Rates as of November 2022
Monthly Rates eff. 1/1/2023 eff. 1/1/2024 eff. 1/1/2025 eff. 1/1/2026 eff. 1/1/2027 Flat fee per Parcel $28.88 $30.32 $31.68 $33.11 $34.60
Service Level
20-Gallon Cart $29.25 $30.57 $31.95 $33.23 $34.56
32-Gallon Cart $35.72 $37.33 $39.01 $40.57 $42.19
64-Gallon Cart $55.50 $58.00 $60.61 $63.03 $65.55
96-Gallon Cart $80.98 $84.62 $88.43 $91.97 $95.65
Extra Organics Cart $24.77 $25.88 $27.04 $28.12 $29.24
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rate increases lower than they otherwise would need to be or cover unexpected cost increases that were not known at the time rates were set.

The projections of 2023 revenue and the 2023 balancing account relied on year-to-date revenues collected through August 2023 and SBWMA tip fee revised projections provided in August.

Revised net cash flow projections reflect an increase of $84,594 since the previous study. The 2023 projected surplus of $56,891 will increase the estimated December 31, 2023 balancing account to $551,704.

Rate Adjustment Recommendations
The balancing account will temporarily help to offset the Town increasing solid waste expenses.

Unfortunately, the shortfalls in Figure 3 will exhaust the projected 2023 balancing account of $551,704 by the end of 2026, resulting in a deficit. Additional rate increases are necessary if projections hold. Figures 5 and 6 identify the proposed residential rates and commercial rate increases that would provide additional revenues to the Town. Figures 7 and 8 calculate the supplemental increases to the previously adopted rates.

Figure 5. Proposed Annual Residential Solid Waste Rates 2024-2028 Figure 6. Proposed Annual Commercial Solid Waste and Organics Rates 2024-2028 Residential Current Rates Proposed Rates
Monthly Rates eff. 1/1/2023 eff. 1/1/2024 eff. 1/1/2025 eff. 1/1/2026 eff. 1/1/2027 eff. 1/1/2028 Flat fee per Parcel $28.88 $30.32 $32.44 $34.55 $36.80 $38.64 Service Level
20-Gallon Cart $29.25 $30.57 $32.71 $34.84 $37.10 $38.96 32-Gallon Cart $35.72 $37.33 $39.94 $42.54 $45.31 $47.58 64-Gallon Cart $55.50 $58.00 $62.06 $66.09 $70.39 $73.91 96-Gallon Cart $80.98 $84.62 $90.54 $96.43 $102.70 $107.84 Extra Organics Cart $24.77 $25.88 $27.69 $29.49 $31.41 $32.98 Commercial Proposed Rate Increases
Monthly Rates eff. 1/1/2024 eff. 1/1/2025 eff. 1/1/2026 eff. 1/1/2027 eff. 1/1/2028 Commercial Solid Waste 4.5% 7.0% 6.5% 6.5% 5.0%
Commercial Organics 4.5% 7.0% 6.5% 6.5% 5.0%
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Figure 7. Monthly Increases from Previously Adopted Residential Solid Waste Rates Figure 8. Monthly Increases from Previously Adopted Commercial Solid Waste and Organics Rates In this scenario, the Town could forgo increasing rates for this next calendar year. This decision would allow the Town to save time and expenses associated with a new Proposition 218 process.

Instead, the Town could re-visit rates for 2025 and plan to issue a Proposition 218 notice for future rate increases, if warranted.

III. RECOMMENDATION
Our recommendation of rate increases for the solid waste rates will allow the Town to meet the growing collection, disposal, and processing expenses. The recommendations weigh future rate increases while preserving the Town’s balancing account to avoid incurring interest in the event of a deficit. Our recommendations include the following actions. 1) We recommend the Town forgo any rate increases for 2024, but plan to increase rates for 2025-2028, as shown in Figures 5 and 6. Adopting these increases would not require the Town to conduct a new Proposition 218 until 2024 to set rates for 2025. The Town has discretion to adopt one or more years of the proposed rates. 2) We recommend the Town continue to re-visit recommended rate increases on an annual basis to update projections and assess whether approved increases should be implemented.

Residential Monthly Increase from Previously Adopted Rates Monthly Rates eff. 1/1/2024 eff. 1/1/2025 eff. 1/1/2026 eff. 1/1/2027 Flat fee per Parcel $0.00 $0.76 $1.44 $2.20
Service Level
20-Gallon Cart $0.00 $0.76 $1.61 $2.54
32-Gallon Cart $0.00 $0.93 $1.97 $3.12
64-Gallon Cart $0.00 $1.45 $3.06 $4.84
96-Gallon Cart $0.00 $2.11 $4.46 $7.05
Extra Organics Cart $0.00 $0.65 $1.37 $2.17
Commercial Rate Increase from Previously Adopted Rates
Monthly Rates eff. 1/1/2024 eff. 1/1/2025 eff. 1/1/2026 eff. 1/1/2027 Commercial Solid Waste 0.0% 2.5% 2.5% 2.5%
Commercial Organics 0.0% 2.5% 2.5% 2.5%
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
4 CONSENT CALENDAR

CITY COUNCIL MEETING
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION IMPLEMENTING PREVIOUSLY AUTHORIZED INCREASES TO WATER SERVICE CHARGES AND VOLUME CHARGES EFFECTIVE JANUARY 2024 PURSUANT TO CEQA GUIDELINES 15378 AND 15273
SUMMARY: The Town reviews the need for potential water rate increases annually or as needed to ensure that revenues are sufficient to cover the costs of the Water Enterprise Fund for wholesale purchased water, operating and debt service costs, and capital improvement requirements. The Town adopted a five-year rate series in 2022. To review the need for potential rate increases in January 2024, the Town contracted with HF&H Consultants, LLC. (“HF&H”) to prepare an updated analysis of the Town’s water rate model using data and projections. A proposed 6% increase in the service charge and volume charges for residential customers and a 6% increase in the non-residential charges would be effective January 2024, if approved.

Background
HF&H performed a cost of service and rate study (the “Study”) for the Town of Hillsborough in 2022. On November 14, 2022, the Town adopted Resolution No. 22-83, approving a schedule of increases to maximum rates for the Town’s water service charges and volume charges over a five year period, as recommended in the Study. It authorized the implementation of revenue stabilization factors to the rates of the volume charges, as necessary.

To review the need for potential rate increases effective January 1, 2024, the Town contracted with HF&H consultants to prepare an updated analysis of the Town’s water rate model using updated financial data and projections. The attached HF&H Technical Memorandum provides an analysis for a five-year timeframe. Since the schedule of rate increases was adopted, the Town’s water unit sales have been lower than the assumptions made in the original study. The updated projection shows that reserves go below the minimum reserve level in FY 2025-26, using the current assumptions and implementing the rates adopted in the five-year rate series.

Staff and HF&H recommend implementing the maximum allowable rates adopted pursuant to Resolution No. 22-83, effective January 1, 2024 for residential and non-residential rates volumetric and service charges. Staff will continue to monitor the water utility’s financial condition.

FISCAL IMPACT: The proposed rate increases, effective January 1, 2024, will provide sufficient resources for the revenue requirement for the calendar year, assuming the assumptions remain in line with the projection.
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Agenda Staff Report - Hillsborough City Council
October 09, 2023

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ENVIRONMENTAL ISSUES: In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the increases in the water service charges and volume charges are exempt from CEQA pursuant to Section 15378 and Section 15273 of the CEQA Guidelines and Public Resources Code Section 21080(b0(8) because (i) the increase charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services and (ii) the charges constitute the creation of a funding mechanism/other governmental fiscal activity which does not involve any commitment to any specific project that may result in potential significant physical impact on the environment.

ATTACHMENTS:

1. Resolution

2. HF&H report
PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Adopt the resolution implementing previously authorized increases to water service charges and volume charges effective January 2024. -34-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

IMPLEMENTING PREVIOUSLY AUTHORIZED INCREASES TO WATER SERVICE CHARGES AND VOLUME CHARGES EFFECTIVE JANUARY 2024 PURSUANT TO CEQA GUIDELINES 15378 AND 15273
WHEREAS, on November 14, 2022, the City Council approved Resolution No. 22-83 adopting maximum water service charges and volume charges, with increases scheduled over a five-year period; and
WHEREAS, the Town of Hillsborough (“Town”) may implement water service charges and volume charges up to the adopted maximum rate and charges in accordance with Resolution No. 22-83; and
WHEREAS, the Town adopted changes to the water service charges and volume charges up to the adopted maximum rate and charges effective for July 1, 2023; and
WHEREAS, the Town now wishes to implement increases to water service charges and volume charges to take effect on January 1, 2024 in accordance with Resolution No. 22-83, until amended, and such increased rates for water service charges and volume charges shall not exceed the maximum rates adopted in Resolution No. 22-83.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby implements previously authorized increases to water service charges and volume charges effective January 1, 2024 to be in effect until amended:

Rates for Bi-Monthly Water Service Charge ($/Meter Size) Meter Size 1/1/2024
¾” $153.50
1" $181.62
1½" $244.87
2" $329.22
3" $554.12
6" $1,509.99
8" $,2353.40
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ATTACHMENT 1
2 Rates for Bi-Monthly Volume Charge ($/HCF)
Customer
Category
Tier
Size 1/1/2024
Residential (HCF) ($/HCF)
Tier 1 0 to 21 $6.77
Tier 2 22 to 43 $8.98
Tier 3 44 to 77 $14.43
Tier 4 78+ $19.50
Non-Residential $9.53
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 October 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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Managing Tomorrow’s Resources Today
590 Ygnacio Valley Road, Suite 105 Robert D. Hilton, Emeritus Walnut Creek, California 94596 John W. Farnkopf, PE
Telephone: 925/977-6950 Laith B. Ezzet, CMC
www.hfh-consultants.com Richard J. Simonson
Marva M. Sheehan, CPA
Robert C. Hilton

TECHNICAL MEMORANDUM
To: Jan Cooke, Finance Director, Town of Hillsborough
Richard Santiago, Assistant Finance Director, Town of Hillsborough From: Rick Simonson, Senior Vice President, HF&H
Gabe Sasser, Project Manager, HF&H
Alex Santos, Senior Associate, HF&H
Date: October 2, 2023
Subject: Water Rate Confirmation Study – Review Previously Adopted Water Rate Adjustment (effective January 1, 2024)
This technical memorandum reports the results of our analysis to update the Town of Hillsborough’s (Town’s) water rate model using revised financial projections.

I. BACKGROUND
HF&H Consultants (HF&H) completed a water rate study for the Town in September 2022 (2022 study). At a public hearing on November 14, 2022, the City Council adopted the recommended rates from the study. The study projected the Water Enterprise’s operating and capital expense projections, for a five-year planning period, and recommended restructuring the Town’s fixed service charges and tiered volume charges for water service. Five annual rate increases were recommended. The first rate increases were implemented beginning July 1, 2023.

The objective of this water rate update is to provide a recommendation on rate increases for implementation on January 1, 2024. The recommendation relies on reassessing existing rates to ensure rate revenues generated meet the Town’s projected operating, capital, and debt service expenses for the next five-year planning period of FY 2023-24 through FY 2027-28. The following sections present the findings, trends, and assumptions from our review and re-projection of revenues, expenses, and the fund balance through FY 2027-28. We have also included a discussion of revenue stabilization factors that can be employed during periods of mandated water use cutbacks declared by City Council. Our recommendations to adjust the Town’s current water rates effective for January 1, 2024, as well as other future rate considerations are detailed at the end of this memorandum.
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II. ANALYSIS
A spreadsheet model was developed to derive revenue requirements for FY 2023-24 through FY 2027-28. The revenue requirements represent the costs that must be covered by revenue from rates and other sources. For this study, we have relied on the Town’s Operations and Maintenance (O&M) budget covering FY 2023-24. We relied on the capital budget provided by Public Works covering FY 2023-24 through FY 2027-28. We worked with Town staff to project expenses for additional years where approved budgets were not available.

The application of these projections to O&M and capital expenses are summarized graphically in Figure 1 and are described below in more detail.

Figure 1. Total Annual Projected FY Revenue Requirements Operating & Maintenance (O&M) Expenses
Four of the six expense categories shown in Figure 1 encompass the Town’s O&M expenses.

These categories include Water Purchases, Salaries/Benefits, Materials/Supplies, and Equipment -38-
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Replacement/Overhead. Water Purchases are projected according to assumed demand and wholesale water rates provided by the San Francisco Public Utilities Commission (SFPUC), the Town’s water provider. Water Purchases are projected to increase from $6.3 million to $7.6 million over the five-year period. Assumptions governing water purchase expenses are discussed in the Water Use and Revenues section of this memorandum. All other O&M expense projections reflect the Town’s estimates. These O&M expenses are projected to increase annually by an average of 2.3%.

Debt Service
The Town has existing debt service that was previously issued to fund various capital infrastructure components. This past year the Town refinanced existing loans, leading to small, annual increases from previous payments, ranging from $60,000 to $108,000. Annual payments of existing debt service approximating $1.2 million will continue to be made over the five-year planning period. To comply with existing covenants, the Town must maintain a debt coverage ratio exceeding 1.2, based on net available revenues.

As previously modeled, a future debt issuance of $6.5 million is assumed to help fund the Town’s share of the High Line Water Connection. Both the current update and the 2022 study assume a State Revolving Fund (SRF) Loan with payments beginning in FY 2027-28. Annual payments are estimated to be approximately $293,000. The Town applied for a Building Resilient Infrastructure and Communities (BRIC) grant funding for the project and is pending final award of the grant.

Such grant funding has the potential to reduce the Town’s future debt issuance.

Capital Project Costs
Capital improvement expenditures projections average $2.75 million during the five-year planning period. This figure excludes the High Line Water Connection, which is assumed to be funded via debt issuance. Two of the largest cash-funded projects are the Darrell Pump Line Rehabilitation and Replacement, and Clark Concar Pump Station Generator. Since the 2022 study, average annual capital expenses have decreased by $0.2 million due to scheduled timing of the projects. Figure 2 provides a detailed listing of the Water Enterprise five-year Capital Improvement Plan. All project costs shown have been escalated using an assumed Construction Cost Index of 2.5%.
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Figure 2. Five-Year Capital Improvement Plan – September 2023 Update Water Use and Revenues
The Town experienced significant reductions to water consumption in FY 2022-23. The Town planned for a reduced water purchase allocation in the previous rate study. However, actual sales were even less than planned. An unusually wet winter further reduced demand and corresponding water sales revenue. As a result, the Town met its calendar year 2022 water purchase allocation, but endured an additional 9% decline in water purchase volumes compared to projections.

The 2022 study projected revenues by assuming water purchase volumes would remain at the reduced water purchase allocation through FY 2023-24 before demand increased to levels experienced between FY 2019-20 to FY 2021-22. Therefore, similar water sales are anticipated for FY 2023-24 before a full rebound occurs. In this update, future water purchases and sales projections assume the same levels of demand as the 2022 study. Under these assumptions, water purchase volumes would increase from the FY 2022-23 low of 1,007,949 hundred cubic feet (HCF) to 1,110,662 HCF in FY 2023-24. Water purchase volumes would further increase to 1,239,171 HCF in future years, returning to pre-shortage levels in FY 2024-25 and holding steady through the planning period.

The 2022 study projected overall rate revenues would increase from $15.3 million to $19.8 million from FY 2022-23 to FY 2026-27. However, with reduced water sales, the Town only collected $13.4 million in FY 2022-23. Revised revenue projections at previously adopted rates and water sales projections assume volume charge revenues will increase from $13.4 million to $19.5 million in FY 2026-27. With an additional increase of 2% in FY 2027-28, revenue is projected to increase to $19.9 million in FY 2027-28.

Capital Improvement Projects FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Water Main Replacement Program $1,025,000 $1,050,625 $1,076,891 $1,103,813 $1,131,408 $5,387,737 Demolish Forrestview Tanks #1 and #2 $0 $0 $484,062 $496,164 $0 $980,226 High Line Water Connection $512,500 $1,786,063 $3,230,672 $772,669 $0 $6,301,903 Darrell Tank Improvements $1,207,450 $0 $0 $0 $0 $1,207,450 Clark Concar Pump Station Generator $0 $945,563 $969,202 $993,432 $0 $2,908,196 Scada Improvements $76,875 $26,266 $26,922 $27,595 $28,285 $185,943 Darrell Pump Line Rehab and Replacement $0 $630,375 $1,076,891 $1,103,813 $0 $2,811,079 Demolish Major Hayes Tank and Piping $0 $0 $272,992 $0 $0 $272,992 Total (Escalated CIP) $2,753,000 $4,225,000 $6,628,000 $4,074,500 $1,025,000 $18,705,500 5-Year PAYGo-Funded Total $13,753,622
Average Annual PAYGo-Funded CIP $2,750,724
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Reserves
The Town’s reserve policy states that the minimum operating reserve balance (red line), shown in Figure 3, will equal 20% of annual O&M expenses. As in past years, a bond reserve of $375,000 was added to this amount. An additional allowance for capital projects, $2,750,724, is added to provide working capital for pay-as-you-go (PAYGo) construction projects. The sum of the operating and capital reserve components sets the median reserve balance (blue line). A final allowance of $3.4 million is added to provide rate stabilization to weather unexpected reductions in revenue or unexpected increases in expenses. The rate stabilization target of $9,039,309, used in the 2022 study has been kept in this study (dashed black line). The sum of all reserves equals the current reserve balance of $7.2 million at the end of FY 2022-23.

We re-analyzed the previously adopted rate increases to assess whether the Town could utilize the same rates in FY 2023-24 through FY 2026-27, while continuing to meet all cash flow needs and reserve targets. The following section discusses the proposed rate adjustments to ensure future reserve fund balances are sufficient to meet reserve targets and planned and unplanned water utility expenses, as well.

Figure 3. Projected Year-End Fund Balance with Previously Adopted Annual Increases Rate Adjustments
Figure 3 demonstrates three reserve balance projections. The solid green line reflects the updated FY 2022-23 balance and shows the annual fluctuations in the fund balance that are -41-
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caused by differences between the revenue requirement and revenue from rates. This projection assumes implementation of the original rate increases adopted for 2024-2027, as well as an inflationary increase of 2% for 2028 (the original schedule of rate increases ends in 2027). The dotted green line also reflected the updated FY 2022-23 balance and the projected fund balance without the rate increases during the planning period. The solid grey line reflects the reserve balance projections from the 2022 study. The differences between the solid green line and grey line are a result of changes to the FY 2022-23 reserve balance, adjustments to the timing of capital projects, reductions to the five-year capital program, and increases to the assumption of interest earned to reflect the current economic, high-rate environment.

When reserves exceed the target reserve balance, this provides a measure of rate stabilization against natural disasters, including water supply shortages. However, this rate stabilization can also be used to mitigate short-term revenue shortfalls in place of larger rate increases. For example, the Town made use of the rate stabilization in FY 2022-23 to absorb the impacts of the water sales reductions, without increasing rates.

With the previously adopted rates, the reserve balance declines steadily, descending below the minimum operating reserve by FY 2025-26. Projected increases to water sales in future years provide a correction that increases the reserve balance. However, the FY 2025-26 position warrants attention. Therefore, the Town could implement the previously adopted FY 2023-24 rates. If revenues and expenses are consistent with the updated projections, the Town would likely need to increase rates in future years to ensure the reserve fund balance remains above the minimum operating reserve. In addition to the 6% uniform rate increase in FY 2023-24 the Town would need supplemental increases in future years.

III. REVENUE STABILIZATION FACTORS
The Town adopted revenue stabilization factors during the previous rate study. In times of declared water shortages, these factors may be implemented to adjust the volume charge rates to ensure that there are sufficient revenues to fund the water utility’s obligations. Although the Town endured a mandatory water reduction brought on by an SFPUC water purchase cutback, the Town did not implement revenue stabilization factors and, the Water Enterprise used reserves to bridge the revenue shortfall.

The Town’s adopted revenue stabilization factors are shown in Figure 4 with the previously adopted 2024 volumetric charge rates. In the event the SFPUC implements future water purchase cutbacks, the City Council can mandate a similar reduction. Doing so would allow the City Council to authorize implementation of the revenue stabilization factors. -42-
Managing Tomorrow’s Resources Today

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Hillsborough_2024_Water_Rate_Update_Memo.docx
Figure 4. Rate Stabilization Factors applied to Previously Adopted 2024 Rates IV. RECOMMENDATION
Our recommendation of increases for the water service charges, water volume charge rates, and the revenue stabilization factors will allow the Town to provide safe, reliable drinking water to its customers. Absent critical rate increases and the implementation of the revenue stabilization factors in the future (if mandatory conservation is required), the water utility would experience budget shortfalls for each year of the five-year forecast performed by the rate study. Our recommendations include the following actions. 1) We recommend the Town implement the water rates previously adopted, to become effective January 1, 2024. This would require a 6% increase be applied to existing rates.

The Town should continue to follow the schedule of previously adopted rates. These 2024-2027 rates are shown in Figures 5 and 6 below. Implementing the previously adopted rate effective January 1, 2024 would not require the Town to conduct a new Proposition 218 process since these rates do not exceed the maximum rates of the previous notice issued in 2022.

Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6
10% 20% 30% 40% 50% >50%

1.050 1.113 1.194 1.302 1.452 1.552

1.059 1.135 1.237 1.381 1.603 1.764
Proposed 2024 Rates
Residential
Tier 1 $6.77 $7.11 $7.54 $8.09 $8.81 $9.83 $10.51
Tier 2 $8.98 $9.43 $10.00 $10.72 $11.69 $13.04 $13.94
Tier 3 $14.43 $15.16 $16.07 $17.23 $18.79 $20.95 $22.39 Tier 4 $19.50 $20.48 $21.71 $23.29 $25.39 $28.31 $30.26 Non-Residential $9.53 $10.09 $10.81 $11.79 $13.17 $15.27 $16.81 Rates with Revenue Stabilization Factors Applicable to % Reductions Water Emergency Shortage Stage
Non-Residential Revenue Stabilization Factors
Residential Revenue Stabilization Factors
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Managing Tomorrow’s Resources Today

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Hillsborough_2024_Water_Rate_Update_Memo.docx
Figure 5. Schedule of Previously Adopted Bi-Monthly Service Charges Figure 6. Schedule of Previously Adopted Bi-Monthly Volumetric Charges 2) We recommend the Town continue to re-visit recommended rate increases on an annual basis to update projections and assess whether approved increases should be implemented. Given the Town’s revised projections in Figure 3, it is likely that larger increases may be needed beginning as early as 2025 and if so, a new Proposition 218 notice would be issued prior to adoption.
3) We recommend that in the event the Town is restricted from purchasing water from SFPUC, City Council should issue a mandatory restriction and apply revenue stabilization factors to existing volumetric water rates to provide revenue stability in accordance with the Town’s Water Shortage Contingency Plan and other governing documents.

Meter Current Proposed
Size Rates 1/1/2024 1/1/2025 1/1/2026 1/1/2027
3/4" $144.82 $153.50 $161.18 $167.63 $170.98
1" $171.34 $181.62 $190.70 $198.33 $202.29
1 1/2" $231.01 $244.87 $257.12 $267.40 $272.75
2" $310.58 $329.22 $345.68 $359.50 $366.69
3" $522.76 $554.12 $581.83 $605.10 $617.21
6" $1,424.52 $1,509.99 $1,585.49 $1,648.91 $1,681.88
8" $2,220.18 $2,353.40 $2,471.07 $2,569.91 $2,621.31
Customer Current Current Proposed
Category Tiers Rates 1/1/2024 1/1/2025 1/1/2026 1/1/2027 Residential (HCF) ($/HCF) ($/HCF) ($/HCF) ($/HCF) ($/HCF) Tier 1 0 to 21 $6.39 $6.77 $7.11 $7.39 $7.54
Tier 2 22 to 43 $8.47 $8.98 $9.43 $9.80 $10.00
Tier 3 44 to 77 $13.61 $14.43 $15.15 $15.76 $16.07
Tier 4 78+ $18.40 $19.50 $20.48 $21.30 $21.72
Non-Residential $8.99 $9.53 $10.01 $10.41 $10.62
-44-

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

CITY COUNCIL MEETING
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION FUNDING A CONTRIBUTION OF $11,648 TO HILLSBOROUGH CITY SCHOOL DISTRICT IN FY 2023-24 TO CONTRIBUTE TOWARD THE

COST OF THE SCHOOL CROSSING GUARD PROGRAM PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: Crossing guards serve a critical role in the safety of children traveling to and from Hillsborough public school sites. The program has received excellent feedback from parents and school administrators. The Town committed $45,000 toward the Hillsborough City School District (HCSD) for the FY 2023-24 crossing guard program. Originally, the total cost of the program (estimated at $90,000) was to be shared evenly between the HCSD and the Town. This level of funding would provide for one crossing guard at each school. Expenses have increased, requiring additional funding. The additional costs total $23,296, with the Town’s share being $11,648.

FISCAL IMPACT: The FY 2023-24 budget has $45,000 approved for crossing guards. This request for additional funding ($11,648) brings the total to $56,648 for the year.

ENVIRONMENTAL ISSUES: California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and are therefore exempt from CEQA and no further environmental review is required.

ATTACHMENTS: Resolution
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution approving an additional contribution of $11,648 to Hillsborough City School District in FY 2023-24 to contribute toward the cost of the school crossing guard program.
-45-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH APPROVING A CONTRIBUTION OF $11,648 TO HILLSBOROUGH CITY SCHOOL DISTRICT IN FY 2023-24 TO CONTRIBUTE TOWARD THE COST OF THE SCHOOL CROSSING GUARD PROGRAM PURSUANT TO CEQA GUIDELINE 15378 WHEREAS, Hillsborough City School District (“HCSD”) is continuing its school crossing guard program to ensure the safety of the community’s students; and
WHEREAS, the City Council shares the commitment to providing a safe community for students; and
WHEREAS, HCSD has requested that the Town of Hillsborough (“Town”) share in the cost of the crossing guard program for the FY 2023-24 school year; and WHEREAS, the City Council supports the continued efforts of HCSD to maintain a community school crossing guard program and finds a public purpose in supporting the Town’s share of $56,648, inclusive of the additional $11,648 beyond the currently budgeted $45,000 for the FY 2023-24 school year as it will ensure that the Town’s youth enrolled in HCSD have safe crossings when traveling to school within the Town.

NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves an additional contribution of $11,648 to the Hillsborough City School District in FY 2023-24 to contribute toward the projected cost of the school crossing guard program.

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 October 2023, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
-46-

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

CITY COUNCIL MEETING
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING AND APPROPRIATING $5,000 TO CORA (COMMUNITY OVERCOMING RELATIONSHIP ABUSE) FOR THE SPEAK UP INITIATIVE PURSUANT TO CEQA GUIDELINE 15378 SUMMARY: CORA is the only agency in San Mateo County solely dedicated to helping those affected by intimate partner abuse. It receives over 12,000 requests for services each year. On September 11, 2023, the City Council received a presentation from CORA regarding the Speak Up Initiative.

FISCAL IMPACT: This action would appropriate $5,000 from the Town’s Community Relations budget which has sufficient funds to cover this request.

CORA offers a range of programs and services, including:

1. 24-Hour, Multilingual Crisis Hotline which provides trained crisis counselors who assist with crisis intervention, safety planning, emotional support, access to emergency safe houses, and community referrals.

2. Emergency Response Program which is a partnership with all of San Mateo County’s law enforcement agencies to increase victim safety and help responding officers connect survivors with counselors.

3. Housing and Advocacy Program which operates the only safe houses in San Mateo County and can provide survivors with safe housing solutions and subsidies.

4. Family-Centered Adult and Child Mental Health Services which provided multi-lingual individual and family therapy.

5. Legal Services which operates a free, Legal Line and provides legal advice, information, and referrals to community resources.

As a 501(c) (3) charitable, nonprofit organization, 71%, 14%, and 13% of CORA’s revenue comes from government grants, foundations, and individual donations, respectively.

In the aftermath of the murder of a young woman in broad daylight outside her home in San Carlos last September, CORA and the City of San Carlos launched SPEAK UP to save lives. The campaign educates community members through outreach to local businesses so that anyone experiencing intimate partner abuse is offered a safe path to seek help. From nail and beauty salons, to dental offices and fitness gyms, our businesses have contact with community members who may be at risk. This brief training gives employees in these businesses (large and small) quick tools to spot intimate partner abuse and to offer resources. San Carlos has supported the development and piloting of SPEAK UP.
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Agenda Staff Report - Hillsborough City Council
October 09, 2023

Page 2 ends

By Signing on to be a SPEAK UP PARTNER Hillsborough will get from CORA:
- 270–300 Touches (outreach to your business and community partners including a swag bag of resource materials)
- 60 presentations (presentations are a tight 15 minutes and are offered in person or on zoom - Certificates to post (that show the business is a part of SPEAK UP) - 2 city employee presentations (for city staff, arranged with you) - SPEAK UP listing on CORA website (to show your city support) - Named in PSA for County-wide effort during Domestic Violence Awareness Month – OCTOBER ENVIRONMENTAL ISSUES: California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and are therefore exempt from CEQA and no further environmental review is required.

ATTACHMENTS: Resolution
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution approving and appropriating one-time funding of $5,000 from the Town to Community Overcoming Relationship Abuse (CORA) for a Speak Up Community Education Initiative in Hillsborough and surrounding communities. -48-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH APPROVING A CONTRIBUTION OF $5,000 TO CORA (COMMUNITY OVERCOMING

RELATIONSHIP ABUSE) FOR THE SPEAK UP INITIATIVE PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, Community Overcoming Relationship Abuse (CORA) is the only agency in San Mateo County solely dedicated to helping those affected by intimate partner abuse; and
WHEREAS, CORA offers a range of programs and services, including a 24-hour, multilingual crisis hotline, an emergency response program, a housing and advocacy program, family-centered adult and child mental health services, and legal services; and
WHEREAS, as a 501(c) (3) charitable, nonprofit organization, 71%, 14%, and 13% of CORA’s revenue comes from government grants, foundations, and individual donations, respectively; and
WHEREAS, the September 8, 2022 murder of Karina Castro, a 27-year-old resident and mother of two young children, allegedly by her estranged boyfriend, has raised the community’s consciousness about the prevalence and risks of domestic violence; and
WHEREAS, CORA has submitted a proposal to the Town of Hillsborough (“Town”) for one-time funding to support and implement a Speak Up Community Education Program to provide different types of training and tools needed to identify the signs of domestic violence in the community in order to provide support in a safe and helpful way; and
WHEREAS, the Speak Up Community Education Program is rooted in the belief that when the community is informed and empowered to offer help, it is better prepared to reduce violence; and
WHEREAS, the Town finds a public purpose in supporting CORA’s Speak Up Community Education Program as the program will directly serve Hillsborough and its residents by providing tools and resources to combat domestic violence in the Town and the community at large.

NOW, THEREFORE BE IT RESOLVED that the Hillsborough City Council hereby approves and appropriates a one-time amount of $5,000 to CORA for its Speak Up Community Education Program.

Mayor of the Town of Hillsborough
Attest: City Clerk
-49-
2 This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of October 2023, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
-50-

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

CITY COUNCIL MEETING
OCTOBER 9, 2023

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

EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT WITH NORGO ENGINEERING CO. FOR THE 150 WOODRIDGE ROAD PIPE EXTENSION PROJECT IN THE AMOUNT OF $47,300 FOR A TOTAL PROJECT BUDGET OF $245,063.50 PURSUANT TO CEQA GUIDELINE 15301
SUMMARY: During the last rainy season, heavy flows from the Town storm water outfall at 150 Woodridge Road eroded a portion of the existing channel and caused the slope to scour near the private structure. An extension of the Town’s storm drain pipe was necessary to prevent further erosion of private property and potential property damage. On July 10, 2023, the City Council awarded a contract to NORGO Engineering to extend the storm drain pipe, install a new manhole, and improve the rock outfall.

Due to unanticipated site conditions and underground utility conflicts, the location of the pipe needed to be adjusted. An additional pipe segment and rip rap is needed to install the new outfall away from the foundation of the existing residence. It was also discovered the heavy storm water flows from the old outfall caused soil erosion around an adjacent Town owned soldier pile and lag wall, exposing rotted lagging. This wall currently supports the structural integrity of Woodridge Road. As recommended by the Town’s consulting geotechnical engineer, temporary rock slope protection is necessary to protect the wall through this upcoming winter until a permanent solution can completed in the spring in dry weather.

NORGO Engineering submitted a cost proposal in the amount of $19,300 for the extra pipe work and $28,000 for the temporary wall protection. Staff conducted an analysis of the cost proposal and determined it to be reasonable based on the expected level of effort to complete the extra work. Staff recommends that the existing contract be amended for a total not-to-exceed amount of $245,063.50.

FISCAL IMPACT: On July 10, 2023, funding in the amount of $197,763.50, which included a 10% contingency if needed, was allocated from the Miscellaneous Storm Drain Repairs Program (Capital Improvement Plan #804 Storm Water Master Plan Improvement Program (Capital Improvement Plan #801). It is recommended additional funding in the amount of $47,300.00 be allocated from the Storm Water Master Plan Improvement Program (Capital Improvement Plan #801), for a total project budget allocation of $245,063.50.

ENVIRONMENTAL ISSUES: This project is exempt from the California Environmental Quality Act (CEQA) per Section 15301 of the California Code of Regulations. -51-
Agenda Staff Report - Hillsborough City Council
October 9, 2023

Page 2 ends

ATTACHMENTS: Resolution
PREPARED BY: Natalie Gribben, Senior Civil Engineer
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an amendment to the existing contract with NORGO Engineering Co. for the 150 Woodridge Road pipe extension project in the amount of $47,300.00, for a total project budget of $245,063.50 pursuant to CEQA guideline 15301.
-52-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT WITH NORGO ENGINEERING CO.

FOR THE 150 WOODRIDGE ROAD PIPE EXTENSION PROJECT IN THE AMOUNT OF $47,300.00 FOR A TOTAL PROJECT BUDGET OF $245,063.50 PURSUANT TO CEQA GUIDELINE 15301
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s storm drain system; and
WHEREAS, during the last rainy season, heavy flows from the Town storm water outfall at 150 Woodridge Road eroded a portion of the existing channel and caused the slope to scour near the private structure; and WHEREAS, Public Works staff assessed the system, and with the recommendation of both the Town’s and resident’s geotechnical engineers, determined the extension of the Town’s infrastructure was necessary to prevent further erosion of private property and potential property damage; and WHEREAS, the project included installing a junction structure,150 linear feet of 30 inch High-Density Polyethylene (HDPE) pipe, Town standard outfall to reduce the energy of the storm water and divert water away from the resident’s home, and backfilling the eroded soil; and
WHEREAS, the Project was publicly bid and advertised in accordance with the Uniform Public Construction Cost Accounting Act; and
WHEREAS, NORGO Engineering Co. (“NORGO”) was the lowest responsible bidder submitting a responsive bid in the amount of $179,785.00; and WHEREAS, once construction commenced, due to unanticipated site conditions, it was determined additional pipe segment and rock is needed to install a proper outfall away from the foundation of the existing residence; and WHEREAS, it was also determined temporary rock slope protection is necessary to protect the wall which is currently supporting 150 Woodridge Road; and WHEREAS, NORGO submitted a cost proposal for the additional work in the amount of $47,300.00; and
WHEREAS, staff now recommends that City Council approve an amendment to the existing contract in the amount of $47,300.00; and
WHEREAS, funding will be allocated from the Storm Water Master Plan Improvement Program (Capital Improvement Plan #801).
-53-
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 contract with NORGO Engineering Co. for the 150 Woodridge Road pipe extension project in the amount of $47,300.00, for a total project budget of $245,063.50.

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
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH REDGWICK CONSTRUCTION CO. FOR THE EUCALYPTUS PEDESTRIAN PATHWAY PROJECT IN THE AMOUNT OF $1,020,962.20 PURSUANT TO CEQA GUIDELINE 15301 SUMMARY: The Eucalyptus Pedestrian Pathway Project ("Project") is a 1,900-foot-long pathway that includes a five-foot wide Americans with Disabilities Act (ADA)-accessible pedestrian path that extends from the 500 block to the 700 block of Eucalyptus Avenue on the west side of the street, and another 400 feet to the parking strip near Floribunda Avenue to Brookvale Road on the east side of the street. The improved pedestrian pathway, which includes the installation of three new ADA ramps and improved crosswalks, enhances accessibility for pedestrians and improves the streetscape along this well-traveled corridor. This project provides a Safe Route to School for families with children in kindergarten through 8th grade attending North Hillsborough and Crocker Middle schools, and a safe walking path for other nearby residents.

FISCAL IMPACT: On June 12, 2023, the project was awarded to Redgwick Construction Co. in the amount of $965,600.00, with a 10% contingency, for total construction budget of $1,062,160.00. The Town applied for and received two separate grants through the San Mateo County Transportation Authority totaling $589,000.00: $200,000.00 was received from the Alternative Congestion Relief and Transportation Demand Management Project and $389,000.00 was received from the 2022 Cycle 6 Measure A&W Pedestrian and Bicycle Program. Project funding was allocated from the approved budget for the Eucalyptus Pathway project (#411) and the ADA Improvements Program (#402). The project was completed in the amount of $1,020,962.20 which is below the authorized budget with contingency.

ENVIRONMENTAL ISSUES: This project is exempt from the California Environmental Quality Act (CEQA) per Section 15301 of the California Code of Regulations.

ATTACHMENTS: Resolution
PREPARED BY: Natalie Gribben, Senior Civil Engineer
RECOMMENDATION: Adopt the resolution accepting as complete the contract with Redgwick Construction Co. for the Eucalyptus Pedestrian Pathway project the amount of $1,020,962.20 and authorizing staff to file a Notice of Completion for the Project and release withheld retention in accordance with State prompt payment laws.
-55-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

ACCEPTING AS COMPLETE THE CONTRACT WITH REDGWICK CONSTRUCTION CO. FOR THE EUCALYPTUS PEDESTRIAN PATHWAY PROJECT IN THE AMOUNT OF $1,020,962.20 PURSUANT TO CEQA GUIDELINE 15301
WHEREAS, the 500 block to the 700 block of Eucalyptus Avenue is heavily traveled by both students walking and biking to and from North Hillsborough and Crocker Middle schools, and other residents using it for recreational activities; and
WHEREAS, this section of Eucalyptus Avenue was a great opportunity to provide a safe route to school for families with children attending North Hillsborough and Crocker Middle schools, and a safe walking path for other nearby residents; and
WHEREAS, the project may reduce traffic congestion near the school, improve pedestrian accessibility, safety, and convenience, develop our pedestrian network and remove obstacles, and beautify the corridor; and WHEREAS, plans and specifications were developed for improvements to the area to include a 1,900-foot-long pathway that includes a five-foot wide Americans with Disabilities Act (ADA)-accessible pedestrian path, three new ADA ramps and improved crosswalks to enhance the accessibility for pedestrians and improve the street scape along this well-traveled corridor; and
WHEREAS, the Project was publicly bid and advertised according to the Uniform Public Construction Cost Accounting Act and the Town received three bids for the Project; and
WHEREAS, Redgwick Construction Company was the lowest responsible bidder submitting a responsive bid in the amount of $ 965,600.00; and WHEREAS, staff applied for and received two separate grants through the San Mateo County Transportation Authority totaling $589,000.00: $200,000.00 was received from the Alternative Congestion Relief and Transportation Demand Management Project and $389,000.00 was received from the 2022 Cycle 6 Measure A&W Pedestrian and Bicycle Program; and WHEREAS, funding for this project was allocated from the Eucalyptus Pathway project (#411) and the ADA Improvements Program (#402) in the amount of $965,600.00 with a 10% contingency in the amount of $96,560.00 allocated for use if needed, for a total allocation of $1,062,160.00; and WHEREAS, a notice to proceed was issued to Redgwick Construction Company, and the Project progressed until completed in the amount of $1,020,962.20. -56-
2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough does hereby accept as complete the contract with Redgwick Construction Company for the Eucalyptus Pedestrian Pathway project, the final amount of which is $1,020,962.20, and authorizes staff to file a Notice of Completion for the Project and directs staff to release withheld retention in accordance with state prompt payment laws.

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

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

CITY COUNCIL MEETING
OCTOBER 9, 2023

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

EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT WITH FARALLON COMPANY

FOR BUILDING AN ADDITION WITH TWO OFFICES TO THE PUBLIC WORKS ADMINISTRATION BUILDING IN THE AMOUNT OF $17,421.20, FOR A TOTAL CONTRACT AMOUNT OF $194,584.20, ACCEPTING THE PROJECT AS COMPLETE IN THE AMOUNT OF $194,584.20, AND DIRECTING STAFF TO FILE A NOTICE OF COMPLETION, PURSUANT TO CEQA GUIDELINE 15302
SUMMARY: This project included an addition to the Public Works Administration Building by adding two offices to provide office space for staff working in crowded spaces and in close proximity to other staff. The project provided additional space for staff and more area to facilitate increased private and sustainable workspaces. Upgrades to this facility were anticipated and budgeted as part of the FY 2022-23 Capital Budget.

During the construction phase of the project, staff determined additional related upgrades were required resulting in change orders in the amount of $40,094.20 for a total of $194,584.20. The additional changes included adding the roof to the project scope and unanticipated structural repairs beneath the building.

FISCAL IMPACT: The project was awarded to Farallon Company on October 10, 2022 in the amount of $177,163.00 which included a 15% contingency. During the construction phase of the project, staff determined additional related upgrades were required resulting in change orders in the amount of $40,094.20 for a total of $194,584.20. The project was completed under the $200,000.00 Capital Budget that was authorized for this. Funding was allocated from the approved Public Works Capital Improvements.

ENVIRONMENTAL ISSUES: This action is categorically exempt from CEQA according to Section 15302 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 amendment to the existing contract with Farallon Company for building an addition with two offices to the Public Works administration building in the amount of $17,421.20, for a total contract amount of $194,584.20, accepting the project as complete in the amount of $194,584.20, -59-
Agenda Staff Report - Hillsborough City Council
October 9, 2023

Page 2 ends

and directing staff to file a notice of completion for the project and release withheld retention in accordance with state prompt payment laws.
-60-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE EXISTING CONTRACT WITH FARALLON COMPANY FOR

BUILDING AN ADDITION WITH TWO OFFICES TO THE PUBLIC WORKS ADMINISTRATION BUILDING IN THE AMOUNT OF $17,421.20, FOR A TOTAL CONTRACT AMOUNT OF $194,584.20, ACCEPTING THE PROJECT AS COMPLETE IN THE AMOUNT OF $194,584.20, AND DIRECTING STAFF TO FILE A NOTICE OF COMPLETION, PURSUANT TO CEQA GUIDELINE 15302
WHEREAS, the Town of Hillsborough (“Town”) maintains the Public Works Department Administration building; and
WHEREAS an addition to the Administration Building was constructed to increase office space and working proximately between staff (“Project”); and, WHEREAS upgrades to the Public Works Administration Building were budgeted in the FY 2022-2023 Capital Budget in the amount of $200,000.00; and WHEREAS, the Project was publicly bid and advertised according to the Uniform Public Construction Cost Accounting Act and the Town received two bids for the Project; and
WHEREAS, Farallon Company was the lowest responsible bidder submitting a responsive bid in the amount of $154,490.00; and
WHEREAS, a Notice to Proceed was issued; and
WHEREAS, additional related upgrades resulted in extra work and an additional cost that exceeded the awarded contract amount by $17,421.20; and WHEREAS funding for the extra work will be allocated from the FY 2022-2023 Capital budget; and
WHEREAS, the Project progressed until completed for a total contract amount of $194,584.20.

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

1. Approves and authorizes the City Manager to execute an amendment to the existing contract with Farallon Company for building an addition with two offices to the Public Works Administration Building in the amount of $17,421.20, for a total contract amount of $194,584.20; and

2. Accepts the project as complete in the amount of $194,584.20; and

3. Authorizes staff to file a Notice of Completion for the Project and directs staff to release withheld retention in accordance with state prompt payment laws. -61-
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 October 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
10 CONSENT CALENDAR

CITY COUNCIL MEETING
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: REVIEW AND APPROVE THE TOWN’S RESPONSE TO THE SAN MATEO COUNTY GRAND JURY REPORT, “BIKE SAFETY IN SAN MATEO COUNTY: MAKING CYCLING SAFER IN THE COUNTY” PURSUANT TO CEQA GUIDELINE 15378 SUMMARY: The San Mateo Grand Jury released the attached report entitled “Bike Safety in San Mateo County: Making Cycling Safer in the County” California Penal Code Section 933.05 requires any agency that is the subject of a Grand Jury Report to reply in writing and to consider such a reply at a public meeting.

The report contains findings and recommendations pertaining to San Mateo County jurisdictions, including the Town of Hillsborough, to which the Town must respond in writing no later than October 10, 2023. The Town’s response must be approved by the City Council at a public meeting.

The report requires that the Town’s response to each finding express either its agreement or disagreement (wholly or partially) with the finding and to provide an explanation in instances where the Town indicates that it does not agree. The Town’s response to each of the recommendations must indicate whether the recommended action has been implemented, is planned for implementation, requires further analysis, or will not be implemented. If not implemented, the Town is required to provide an explanation for its response.

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

ATTACHMENTS:

1. Draft response to Grand Jury Report

2. Grand Jury Report: "Bike Safety in San Mateo County - Making Bicycling Safer in the County" PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Approve the response to the San Mateo County Grand Jury Report: "Bike Safety in San Mateo County - Making Bicycling Safer in the County." -63-

TOWN OF HILLSBOROUGH
California
October 9, 2023
Hon. Nancy L. Fineman
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Re: Grand Jury Report – “Bike Safety in San Mateo County: Making Cycling Safer in the County” Honorable Judge Fineman:

Thank you for the opportunity to comment on the report titled, “Bike Safety in San Mateo County: Making Cycling Safer in the County.”
Please find our response to the findings and recommendations of the report below.

RESPONSES TO FINDINGS
F1. Bicycle policy and the approach to ensuring/improving bicycle safety is not consistent across San Mateo County due, at least in part, to:
a. Topography
b. Urban vs. suburban environments
c. Types of bicyclists (commuter, recreational)
d. Varying levels of enforcement of bicycle laws
e. Differing knowledge of bicycle laws and safe practices.

The Town agrees with each of the parts a through e. Each of the city’s within San Mateo are unique in composition and topography. The Town of Hillsborough is a residential community, without business and industrial uses therefore there are little to no commuter cyclists.

F2. Bicycle ridership as an alternative means of transportation (e.g., commuting to work, school, or transit hubs, running errands) is not increasing due, at least in part, to perceived safety issues.

The Town partially disagrees with this statement. Although cycling is not used for commuting to work in the Town, there has been an effort through the middle schools to encourage students to cycle and walk. They have hosted bike to school days and bicycle safety is shared with the students and their parents by local parents groups as well as HPD.

F3. Bicycle accidents and incidents (such as near misses) are underreported, if reported at all.

Town Hall
Phone: 650-375-7400 | Fax: 650-375-7475 | 1600 Floribunda Avenue, Hillsborough, CA 94010 | www.hillsborough.net -64-
ATTACHMENT 1
DRAFT
The Town partially disagrees with this statement. The Hillsborough Police Department provides excellent response to its residents, and accidents and incidents of this nature would be received without delay.

F4. Only bicycle accidents or incidents that trigger a 911 call are consistently logged in the State (SWITRS) database and law enforcement agencies do not log bicycle accident data consistently.

The Town disagrees with this statement. All bicycle collisions that are reported to Hillsborough Police Department (HPD) and documented in a collision report are forwarded to the SWITRS database.

F5. The amount of enforcement of laws, as they pertain to bicyclists and how motorists and bicyclists interact, is inconsistent due to other priorities (e.g., criminal enforcement and general automobile traffic) and the requirement that a citation can generally only be written if the violation is witnessed by an officer.

The Town agrees with this statement. Every agency in San Mateo County has their own criteria and priorities with regards to traffic enforcement. Also, a citation can generally only be written if the violation is witnessed by an officer.

F6. There is no official metric in San Mateo County and its cities to evaluate how safe it is to ride a bicycle.

The Town agrees with this statement. There is no official metric in the county as it pertains to law enforcement to evaluate how safe it is to ride a bicycle.

F7. Bicycle safety education, for the bicyclist, pedestrians and motorists, is not consistently offered across San Mateo County.

The Town partially disagrees with this statement. Improvements in communicating with residents across San Mateo County can be done but an effort through the various agencies needs to be coordinated.

A common educational campaign done as a group, instead of piecemeal by each agency should be considered.

The Town partially disagrees with this finding. There has been communications and programs initiated, but there can be an improved message shared by all within the County of San Mateo.

RESPONSES TO RECOMMENDATIONS
R1. By December 2023, all law enforcement agencies and the County Sheriff should submit bicycle related data to SWITRS monthly, and regularly post and update their websites with all reported bicycle accident data.

This recommendation has been partially implemented. The Town currently reports to SWITRS monthly.

The second part requires further analysis as there is not a specific format for posting bicycle collision data.

R2. By December 2023, all law enforcement agencies should begin sending warning letters to motorists for violations of the 3 ft. law.
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The recommendation will not be implemented because it is not reasonable. If an officer witnesses a violation of the 3 ft law, they have the ability to stop the violator and either issue a verbal warning, a written warning, or a citation at the time of occurrence. Generating letters due to citizen complaints could not be verified unless the alleged violation was witnessed by an officer. This could become a form of harassment. In some cases, it is dangerous for a motorist to follow the 3 ft law as it places them and other motorists in danger of a head-on collision, especially if the cyclist is not staying to the far right and riding towards the center of the lane.

R3. By June 3, 2024, all law enforcement agencies should provide a means for citizens to report bicycle-related incidents that are not currently reported to law enforcement, similar to the SMC Sheriff’s Department Online Crime Reporting portal.

This recommendation has been implemented. Citizens already have the means to report incidents on-line to HPD or by phone. We encourage phone reports in that they get addressed faster and provide an opportunity for the call taker to ask follow-up questions. We do not have a specific on-line portal just for bicycle related incidents.

R4. By June 3, 2024 each city, town, and unincorporated SMC should offer a bike safety education program for riders and motorists about the laws and safety facts related to bicycles on the road.

This recommendation has not yet been implemented but will be implemented in the future, by June 3, 2024. We currently have an education program which is presented to children at the schools, but do not have a component currently that involves education for motorists.

R5. By June 3, 2024, each city, town, and unincorporated SMC should update or generate a new Bicycle and Pedestrian Master Plan (or Active Transportation Plan) if their current plan is older than five years; consistent with the 2021 C/CAG San Mateo County Comprehensive Bicycle and Pedestrian Plan.

This recommendation has not been implemented, but will be implemented by June 3, 2024.

R6. By June 3, 2024, each city, town, and the county should apply (or reapply) online to generate the Bicycle Friendly Community Report Card.

This recommendation has not been implemented, but will be implemented by June 3, 2024.

R7. By February 1, 2024, the County should meet with cities within the County that are willing to participate, to consider establishing a regional effort that integrates the cities’ bicycle plans and to discuss how the cities and County could work together to apply for grant opportunities as a region.

This recommendation requires further analysis. The Town will reach out to neighboring cities and the County to determine the feasibility and participation in a regional effort.

This response to the Grand Jury was approved by the Town of Hillsborough City Council at a public meeting on October 9, 2023.

Respectfully,
Christine Krolik
Mayor, Town of Hillsborough
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ATTACHMENT 2
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Bike Safety in San Mateo County
Making Bicycling Safer in the County
Release Date: July 10, 2023
2022-23 San Mateo County Civil Grand Jury

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2022-2023 San Mateo County Civil Grand Jury 1
“Biking is one of the few activities that checks all the boxes at once — it’s active, practical, social, sustainable, stress-relieving, fun, and is a great family activity. Biking has the unique ability to elevate the mundane — it turns errands into adventures. More people on bikes keeps our streets safer, our air cleaner and our communities better connected.” Sonia Elkes, 2021 Bike Champion of the Year for San Mateo County Bay Area Bike to Work Website “I often drive up Alpine Road near the Stanford golf course and I believe I would have a head-on crash with oncoming cars if I left a 3-foot margin between my car and the thoughtless bikers who ride out partially in the road. What is the best advice for that situation?” Comment on Bicyclists Can Now Report 3’ Rule Violations Online in The Almanac 5/12/2023. “On the afternoon of Monday, April 10, bicyclist Lester Legarda was fatally struck by a driver on Cañada Road, a rural route popular among walkers, equestrians, and bicyclists. Details of the crash scene suggest that the collision speed was high. One solution to prevent future tragedies along Cañada is tantalizingly simple — reduce the 50-mph speed limit. Sure, drivers will likely continue to exceed the speed limit. But just like the paint on the road that defines where drivers are supposed to drive, posted speed limits set expectations for acceptable driver behavior.” Reduce the speed limit on Canada Road San Mateo Daily Journal 04/20/23. -70-
2022-2023 San Mateo County Civil Grand Jury 2
Bike Safety in San Mateo County: Making Bicycling Safer in the County ISSUE
As bicycle riding has become an ever more meaningful form of transportation, especially with the popularization of eBikes, the demand by County residents for safe micro-mobility solutions has soared. Are San Mateo County and its municipalities positioned to respond to safety concerns and meet those demands?

SUMMARY
Whether for commuting or recreational purposes, residents in every jurisdiction of San Mateo County (SMC), as well as from the surrounding Bay Area counties, use bicycles. Because bicycles are widely available, for some the only mode of getting to and from work and jobs, and ridden in every jurisdiction, bicycle safety has become an increasingly important issue for SMC and its cities and towns. Without greater focus on bike safety, the number of riders will remain low, because people will avoid bicycling when they don’t feel safe. The benefits of increasing bicycle riding are important to all residents of San Mateo County: reducing motor vehicles, healthy lifestyle and an inexpensive form of transportation. Accordingly, San Mateo County, and its cities and towns have a responsibility to make it safe for drivers and pedestrians, as well as bicyclists.

Due to differences in terrain, population density, and existing infrastructure, the 20 different municipalities and the unincorporated portions of the County have differing bicycle safety needs and requirements. Some cities are very hilly, making commuting to work, school, or transit stations nearly impossible. Others are more urban and accommodate many more commuting bicyclists. The County also has some areas that are primarily recreational biking destinations and areas that accommodate both commuting bicyclists and recreational bicyclists. As a result, each community also assigns a different level of importance to bicycle safety relative to other issues, such as crime, motor vehicle safety and public works improvement projects. And education and enforcement about bicycle laws varies from one jurisdiction to another.

Despite the differences among the jurisdictions, there are several commonalities. One is that cities and law enforcement do not consistently maintain records about bicycle near misses, accidents, or complaints; data is neither broadly available nor consistently maintained. Another commonality is that government entities focused on bicycling and/or improving bicycle safety do not communicate and collaborate with each other often enough, if at all. This makes it difficult to get accurate information on the number and severity of incidents and gauge how safe it is to bicycle in San Mateo County. Without data, and communication among the municipalities, San Mateo County and its cities and towns lose out on available state and local funding to improve bicycle safety through physical improvement projects.
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2022-2023 San Mateo County Civil Grand Jury 3
To improve bicycle safety and thereby increase ridership, San Mateo County and its cities and towns need to:

1. Create effective ways to educate bicycle riders and motorists about bicycle rules of the road to enhance predictability.

2. Develop consistent communications among government organizations responsible for bike safety (e.g., between law enforcement and public works).

3. Conduct enforcement details in each jurisdiction to ensure enforcement leads to education.

4. Collect accurate data about accidents and incidents that is crucial to supporting and justifying grant applications and funding from State and local agencies for physical improvements to infrastructure for bicyclists (e.g., connectivity of bicycle routes from one city to another), needed signage, and other engineering improvements.

BACKGROUND
Why is bike safety an important topic?
Statistically, the safer a person feels riding a bike, the more likely they will use it as regular transportation; both as a commuter and a recreational user.

Fifty-three percent of Americans worry about being hit by a motor vehicle when riding a bicycle; 47% say they would be more likely to ride a bike if pathways were physically separated from motor vehicles.1
However, bicycle accident statistics, though better than in 1998, averaged 231 fatalities and injuries over the last ten years. The average was 203 fatalities the last three years, but the drop includes the pandemic shutdown and more people working from home. The source of the recent data is the California Statewide Integrated Traffic Records System (SWITRS2) database, managed by the California Highway Patrol. All law enforcement agencies are required to submit accident data to the database on a regular basis.

A 2002-2003 SMC Civil Grand Jury titled, Bike Safety in San Mateo County3, questioned whether San Mateo County and the cities adequately consider and support safe bicycle travel? At that time, it was estimated that 46% of Americans bicycle for pleasure and 300,000 County residents bicycle at least occasionally. Commuting by bicycle was less than 1% in the County.

That year’s Grand Jury found that bicycle infrastructure for safe travel needed improvement, but funding was an issue. It also found that communication and planning between the county and the cities on bicycle projects and safety could be improved. And that throughout SMC, bicycle safety was not a high priority. The primary recommendation of the report was the county, and all cities should develop a long-term strategic bicycle and safety plan.

1 People for Bikes: https://www.peopleforbikes.org/news/building-for-tomorrow 2 https://iswitrs.chp.ca.gov/Reports/jsp/logout.do
3 https://www.sanmateocourt.org/court_divisions/grand_jury/2002reports.php?page=02SMC-Bicycle.html -72-
2022-2023 San Mateo County Civil Grand Jury 4
A few things have changed since then.

Over the years, the focus of cities and the county on improving bike and pedestrian forms of transportation has increased:
● Bicycle maps and routes are now generally available online. ● The City/County Association of Governments (C/CAG) updated their San Mateo County Comprehensive Bicycle and Pedestrian Plan in 20114and 20215. ● California enacted Assembly Bill 1358, California Complete Streets Act of 20086, requiring all cities and counties to include complete streets policies as part of any substantial revision to the circulation element of their general plans; and cities and the County have adopted these complete streets policies, noting these policies in their Bicycle and Pedestrian Master Plans, or Active Transportation Plans. ● SMC and most of its municipalities have created and consistently upgraded their Bicycle and Pedestrian Master Plans.
● Unincorporated San Mateo County has created an Active Transportation Plan7(Active Transportation is a term often used to cover walking, bicycling, and other motorized devices as a primary mode of transportation).
● C/CAG, Unincorporated SMC and some cities have created Bike and Pedestrian Advisory Committees to address active transportation improvements, safety issues, and other citizen related requests.

Meanwhile, the number of bicyclists in San Mateo County has not increased since 2002, according to the California Household Travel Survey, which is regularly used for data on the number of bicyclists in a community, but is restricted to commuting.

The 2002 and 2012 surveys showed only 1% of SMC’s population rides bicycles as a form of transportation. Looking at the various municipalities’ Bicycle and Pedestrian Master Plans, and the surveys and counts discussed in the plans, bicycle commute ridership still hovers at approximately 1% within SMC.

It is important to note that the number of people in SMC using bicycles in lieu of a car has not increased in 20 years. This is in contrast to the estimated number of recreational bicyclists (46%) in SMC, who also use streets and bicycle paths and expect a safe ride8.

4 https://ccag.ca.gov/wp-content/uploads/2014/07/CBPP_Main-Report__Sept2011_FINAL.pdf 5 https://ccag.ca.gov/wp-content/uploads/2021/05/6_A1_San-Mateo-County-Comprehensive-Bicycle-andPedestrian-Plan-Update-Final-Plan.pdf 6 http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1351-1400/ab_1358_bill_20080930_chaptered.pdf 7 https://www.smcsustainability.org/livable-communities/active-transportation/unincorporated-smc-activetransportation-plan/ 8 https://ccag.ca.gov/wp-content/uploads/2021/05/6_A1_San-Mateo-County-Comprehensive-Bicycle-andPedestrian-Plan-Update-Final-Plan.pdf -73-
2022-2023 San Mateo County Civil Grand Jury 5
However, even with roadway and signage improvements over the past 20 years, there is much San Mateo cities and the county can do to improve bicycle safety.

DISCUSSION
The merits of bicycle riding may seem self-evident, but a wide range of research reveals often surprising benefits to local economies, personal health, the environment, traffic congestion, and pedestrian safety that are unique to bicycle friendly communities.

Health Benefits
Bicycle riding contributes to both physical and mental health. Regular exercise such as cycling can help prevent heart issues9such as stroke, heart attack, high blood pressure, and may also help prevent and manage type 2 diabetes.10 Riding a bicycle is good for cognitive health and emotional well-being and can ease feelings of stress, depression, or anxiety.11 All in all, bicycling for only 30 minutes a day reduces a person’s chances of diabetes, dementia, depression, colon cancer, cardiovascular disease, anxiety and high blood pressure by 40 percent or more.12
The World Health Organization has found that “If every adult EU citizen walked or cycled for 15 extra minutes per day, we’d have 100,000 fewer people dying prematurely, each year.”13 Environmental Benefits
Among the most obvious benefits of cycling is its benign effects on the environment. A solo driver in an average car releases about 1.1 pounds of CO2 per mile.14 A standard compact to midsize car that travels 12,000 miles will emit 11,000 pounds of CO2.15 The average car produces about 1.3 billion cubic yards of polluted air over the course of its lifespan plus worn tire particles, brake wear, and the emissions from other materials in the car also contribute to air pollution.16 Recent research in Europe found that traveling by bicycle instead of by car once a day decreases your transportation carbon footprint by 67%.17

9 https://www.hopkinsmedicine.org/health/wellness-and-prevention/exercise-and-the-heart 10 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4942105/ 11https://www.psychologytoday.com/us/blog/minding-the-body/201505/bicycling-can-sharpen-your-thinking-and-improve-yourmood 12 https://www.exerciseismedicine.org/assets/page_documents/EIMFactSheet_2014.pdf 13 https://ecf.com/news-and-events/news/walking-and-cycling-reduce-congestion 14 https://www.sharetheroad.ca/what-are-the-environmental-traffic-congestion-benefits-of-cycling--s16223 15 https://www.treehugger.com/cars-are-causing-air-pollution-we-breathe-new-study-finds-4856825 16 https://www.scholaradvisor.com/essay-examples-for-college/bicycle-helps-reduce-air-pollution/ 17 https://www.sciencedirect.com/science/article/pii/S1361920921000687 -74-
2022-2023 San Mateo County Civil Grand Jury 6
Traffic
As active transportation choices like walking and bicycling gain attention and popularity, researchers are beginning to investigate the role these travel modes can play in reducing traffic congestion.18 Studies show that measures taken to promote bicycling and walking have a positive effect on congestion.

Research in Washington, DC identified a causal effect of the presence of a bike-share station on traffic congestion. The result is a 2-to-3% reduction in traffic congestion that can be attributed to the bike-share station within the sample.19
Economic Benefits
Among the more surprising findings is the positive economic impact from an increase in bicycle usage but studies show that the bicycle-related economy creates jobs, economic activity, and cost savings.20
Bicycle trails and facilities have a positive, statistically significant impact on home values; a 2006 study in Minneapolis found that the median home values rose $510 for every quarter mile they were located closer to an off-street bikeway.21
Indianapolis’ Cultural Trail, an 8-mile network of separated bike and pedestrian lanes, has reinvigorated a number of struggling business districts and sparked a whopping $1 billion in increased property values.22
And in an era when streets and sidewalks across the county are in various states of disrepair, bicycle projects can significantly reduce the cost of maintaining and expanding our transportation systems.23 Even protected bicycle lanes are “dirt cheap to build compared to road projects,” says Gabe Klein, a partner at Fontinalis, a venture capitalist firm founded by Ford Motor Co. Chairman Bill Ford. Cities everywhere need to be more efficient about the money they spend to move people. "We need to get more use from the streets we already have.” Research indicates that investments in cycling infrastructure generate more jobs per dollar spent than investments in road-only infrastructure; cycling projects create a total of 11.4 local jobs for each $1 million spent while road-only projects create 9.6 jobs per $1 million.24

18 https://kawarthanow.com/2019/01/17/reduce-traffic-congestion-bikes-can-do-that 19 https://www.resources.org/archives/commentary-does-bicycle-infrastructure-reduce-traffic-congestion/ 20 https://railyards.com/blog/7-benefits-of-bike-friendly-communities 21 https://smartcity.press/bicycle-infrastructure-in-smart-city/ 22 https://indyculturaltrail.org/2015/07/23/economic-impact-figures-released/ 23https://www.aarp.org/livable-communities/getting-around/info-2016/why-bicycling-infrastructure-is-good-for-people-whodont-ride-bikes.html 24 https://www.sharetheroad.ca/what-are-the-environmental-traffic-congestion-benefits-of-cycling--s16223 -75-
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Bicycle friendly communities are important to millennial job seekers and functional bicycle infrastructures help companies attract talent. “States and cities are competing for the most mobile generation ever and so the job creators and the innovators are really pushing for these amenities.”25
Safety
The most comprehensive study of bicycle and road safety to date finds that building safe facilities for cyclists is one of the biggest factors in road safety for everyone. Bicycling infrastructure -- specifically, separated and protected bike lanes -- leads to fewer fatalities and better road-safety outcomes for all road users.26
Davis, CA was the first city to gain “platinum” status by the League of American Bicyclists and is often referred to as the “bicycle capital of America.” From 1996 to 2007, Davis only had nine fatal road crashes. Despite having the largest percentage of bike commuters in the United States, none of these accidents involved a bicyclist. With a fatal crash rate of less than 1.5 per 100,000 residents, far fewer people are killed on Davis’ roads than in the U.S. as a whole, which averaged

14.5 fatalities per 100,000 residents.

Portland, OR, another platinum bicycling city, saw a nearly 50% decrease in road fatalities as it increased its bicycle mode share from 1.2% in 1990 to 5.8% in 2000. Bike friendly communities are safer for all road users, no matter what type of transportation is being used.

Social Benefits
Finally, bicycle riding as an alternative to car travel is associated with a number of social benefits, including increased social interaction, social networks, and social capital.27 A bicycle rider has a completely different relationship with their environment than those who are cocooned in their cars.

When communities invest in bicycle infrastructure, everyone benefits. Overall, bicycle commuters are healthier and bicycle-friendly streets are safer for everyone on the road. Bicycle friendly communities reap economic benefits including more retail activity and increased home values. The evidence is clear: bicycling brings big benefits to communities who embrace it.

Status Today
Twenty years after the first San Mateo Grand Jury report, significant gaps remain in jurisdictions’ approach to bicycle safety:

25 https://railyards.com/blog/7-benefits-of-bike-friendly-communities 26 https://www.cnu.org/sites/default/files/marshallw_cnu18.pdf 27 https://www.peoplepoweredmovement.org/benefits-of-biking-walking/ -76-
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● San Mateo County and its municipalities’ characteristics make it difficult to create a consistent approach to bicycle safety.
● The use of bicycle safety education as a tool to increase safety for bicyclists and motorists is underutilized Countywide.
● Communication and coordinated planning across city lines is the exception, rather than the norm. Reporting of bicycle-related incidents is inconsistent throughout the county. ● Enforcement of bicycle laws, for motorists and bicyclists, is inconsistent and not prioritized.

Bicycle Safety in San Mateo County Cities
Each city and town in San Mateo County is unique and has a different relationship with bicycle use and safety. These variations include:
● Topography
● Objectives and priorities re bicycles and ridership
● Safety Perception
● Infrastructure
● Impact of eBikes
● Role of enforcement in bicycle safety.

For example:

Woodside and Portola Valley: Woodside and Portola Valley are hill communities with narrow roads. Woodside has a very active Circulation Committee which keeps a close eye on large bicycling events in the community and Portola Valley is focused on managing bicyclists on the weekend. But in both cases, the communities concentrate on ensuring quality of life for residents. They both see mostly recreational bicyclists.

Woodside has invested as much as $1 million to ensure a “safe route to school” for the children. However, the communities don’t make a strong effort to track riders or accidents. In both communities the Sheriff’s Office, which is their policing arm, enforces rules at some problem locations, but not regularly.

Hillsborough: Hillsborough is a relatively insular community by nature of its location and topography. It has no commercial districts and is, to a large degree, rather hilly. The view on bicyclists is very much a neighborhood view: meaning the expectation is that if there are problems with bicyclists they are brought up by members of the neighborhoods.

The primary focus on any kind of organized bicycling safety activity is efforts to teach children bicycle safety and safe routes to school at the beginning of the school year.

Belmont: Until quite recently, the City has been completely focused on ensuring that the community is comfortable for single family dwellings. However, areas close to El Camino Real are more commercial and have denser housing. The community now has both recreational and commuting bicyclists using the roads. While Belmont does have a bicycle master plan and holds an annual bike safety program for children and teenagers, -77-
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more needs to be done. The City needs to obtain funding from external Federal, State and County sources to do more.

Half Moon Bay: Possibly more than any other community in San Mateo County, Half Moon Bay has a sophisticated, complex relationship with bicyclists. On the one hand, Half Moon Bay attracts many visitors -- both vacationers and visitors from other Bay Area communities; and on the other hand, it has a robust population of residents who use their bicycles to get to work, school, and stores. Moreover, while Half Moon Bay has many surface streets, it is dominated by Highways 1 and 92 which have many challenging safety issues. As a result, the community has a bicycle master plan that focuses on bicycle safety and traffic planning. Despite this very proactive approach, the City deals with sometimes devastating safety issues. However, it appears that concern for bicycle safety is shared by many of the participants in the community.

San Mateo: The City of San Mateo updated its bicycle master plan in 2020. As a result, the City has focused on a variety of contemporaneous issues. These include working to develop a roadway network which could accommodate both bicycles and other types of active transportation. The City believes that it still skews toward recreational bicycling but is finding that more people want to use bicycles as a way of getting around. The master plan covers some education issues such as safe routes to school and safe bicycling for seniors. The plan does not talk about safety per se but addresses it from the vantage point of education. Though the City is focused on these matters it still recognizes that there's more education to be done about the rules of the road for bicyclists.

Unincorporated San Mateo County: Large areas of San Mateo County are small towns, private land, and open space, bisected, primarily, by two lane roads and highways. To address bicycle safety in these areas, the county created the Unincorporated San Mateo County Bicycle and Pedestrian Committee. Though there is no explicit Bicycle and Pedestrian Master Plan, they do contribute to the SMC Active Transportation plan. The Committee makes recommendations regarding bicycle and pedestrian related grants, but expressed frustration with money not being shared equitably. Additionally, the Committee inputs bicyclist’s feedback. They are concerned with the number of incidents between motorists and bicyclists that are not addressed by law enforcement. The Committee has been working with the County Sheriff to address the problem.

These are just a few examples of San Mateo County and its municipalities' approach to bicycle safety. But because the communities are so diverse, thinking about bicycle safety needs to be broad-minded.

Bicycle Safety Education in SMC: Not just for cyclists
Since bicycle safety is crucial to encouraging bicycle usage, it follows that bicycle safety education is an essential component of the bicycle safety equation. -78-
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According to the US Department of Transportation: “Educating people about safe bicycling and walking, enforcing laws that make it easier and safer for people to bicycle and walk, and encouraging people to bicycle and walk, may help increase walking and bicycling activity, especially when combined with infrastructure improvements.”28 Moreover, as noted on the National Highway Traffic Safety Administration’s Bicycle Safety web page, “A large percentage of crashes can be avoided if motorists and cyclists follow the rules of the road and watch out for each other.”29
In San Mateo County, much of the focus on bicycle safety and bicycle safety education is focused on ensuring safe routes to schools for children. Several communities, as detailed below, have much more comprehensive approaches to bicycle safety education in their Bicycle and Pedestrian Master Plans. Here are some examples:
● Burlingame (Excerpt from the Bicycle and Pedestrian Master Plan) Policy 11: Educate people walking, bicycling, and driving, and the general public about roadway safety and the benefits of bicycling and walking.

11.1: Support the continuation and expansion of bicycle safety education programs such as those taught by Silicon Valley Bicycle Coalition and the San Mateo County Office of Education.

Policy 12: Encourage Burlingame public schools to participate in the Safe Routes to School program organized by the San Mateo County Office of Education. ● Brisbane’s Master Bicycle and Pedestrian Plan examples:
“Policy 4.A.5: Provide support for programs that educate drivers, bicyclists and pedestrians about their rights and responsibilities, as well as traffic education and safety programs for adults and youth.”
“Programs support bicycling and walking by providing encouragement to those considering bicycling and walking, education for motorists, bicyclists, and pedestrians about safe and appropriate sharing of streets and roads, and enforcement of traffic laws that help ensure the safety of vulnerable road users.”
● County Sheriff:

The San Mateo County Sheriff’s office publishes a pamphlet, Bicycle Safety30, on the California Vehicle Code sections related to bicycle safety. One City, Woodside, references this document, which could be used by all cities, schools and police

28 https://safety.fhwa.dot.gov/ped_bike/ped_focus/docs/fhwasa17050.pdf 29 https://www.nhtsa.gov/road-safety/bicycle-safety
30 https://www.woodsidetown.org/sites/default/files/fileattachments/community/page/33495/bicycle_safety.pdf -79-
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departments to improve bicycle safety education. However, the document is not available on the SMC Sheriff website.
● City of San Mateo:

San Mateo has some support for bicycle use and safety on its City website. The pages are listed in the table below.

EXISTING
Support Program Description Webpage
Bicycle Webpage There is brief text about bike
routes and using a bike with
public transport on the City’s
webpage
http://www/cityofsanmateo.org/
2125/Parking-andTransportation
Bicycle Education
Events
The city’s Public Works
Department hosts an annual
bike rodeo
http://www.cityofsanmateo.org/
3736/Bike-Rodeo
Moving to Excellent Bike Safety Education in all SMC Cities Overall, the approach to bicycle safety education in SMC communities is inconsistent. Several of the master plans recognize that bicycle safety education is about teaching motorists and cyclists of all ages about the guidelines for bicycle safety. Other communities either don’t focus much on education or are focused exclusively on “Safe Routes to School”.

Nonetheless, there are a handful of programs identified in the table below that creatively address bicycle safety, which San Mateo County and its municipalities should consider adopting. -80-
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RECOMMENDED FOR ALL SMC CITIES
Support Program Description Webpage
Establish child and
adult education
programs
Identify and implement
education programs for
children and adults that build
bicyclists’ confidence, done
in coordination with the Parks
and Recreation Department,
Police or Local Schools.
https://www.portlandoregon.go
v/transportation/article/565224
http://www/cityofsanmateo.org/
2125/Parking-andTransportation
Establish Safe
Routes to School
Funding
Establish a stable funding
source for Safe Routes to
School programming
https://www.metro.net/projects/
sr_ts/fund-your-program
Implement and
promote
demonstration
projects
Implement short-term, highvisibility bicycle
demonstration or ‘pop-up’
projects to serve as models
that can be applied throughout
the city. Market bicycle
safety.
https://transportation.bellevuew
a.gov/UserFiles/Servers/Server
_4779004/File/Transportation/P
ublications/PBII_Demo%20Bik
eway%20Brochure_20180205.
pdf
Provide safety
education program
for users of all
modes
Provide safety education
programs or communications
campaigns for people driving,
bicycling, walking, and using
micro mobility devices that
encourage safe travel
behaviors.
http://www.pedbikeinfo.org/
Create a robust
bicycling webpage
Develop and maintain a
content rich mobility
webpage(s) on the
County/City website and
communicate how to reach
city destinations by bike, on
foot or on micro-mobility
devices. Include information
on these transportation
options.
https://www.metro.net/riding/g
o-bike
http://www/cityofsanmateo.org/
2125/Parking-andTransportation
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Bicycle & Pedestrian Master Plans and Advisory Committees: Planning Across the County The 2002 SMC Grand Jury Report recommended that all municipalities create Bicycle and Pedestrian Master Plans. As a best practice, the municipalities were encouraged to form Bicycle and Pedestrian Advisory Committees.

To date, almost all San Mateo County jurisdictions or cities have Bicycle and Pedestrian Master Plans, or Active Transportation Plans. Most, if not all of these plans, align with recommendations from the 2011 C/CAG’s San Mateo County Comprehensive Bicycle and Pedestrian Plan. The 2021 update of C/CAG’s plan enhances and adds to the 2011 C/CAG San Mateo County plan, but most of the cities and towns have not updated their plans to be consistent with the 2021 plan. (See Appendix D for a complete list of San Mateo County’s Bicycle & Pedestrian Master Plans.)
The cities’ bicycle and pedestrian master plans help each city by identifying strategies to improve bicycle and pedestrian safety. The plans recommend improvements for roadway connectivity for bicyclists and pedestrians, within each city as well as with neighboring cities.

Numerous plans reference the Silicon Valley Bicycle Coalition and the League of American Bicyclists (LAB) as organizations that have certified instructors for bicycle safety education. At least several of the plans also discuss the LAB Bicycle Friendly Community Report Card to which five SMC cities and San Mateo County belong. The plans list potential State and Federal funding for projects that improve safety and roadway connectivity and make clear the importance of annually evaluating and tracking progress against objectives.

However, in SMC, County committees and municipalities do not always work together to generate consistent plans that meet C/CAG’s goal for a Countywide bicycle backbone. Though C/CAG does have an advisory committee which includes representatives from municipalities, it does not have control over what individual municipalities decide to do regarding grant applications, infrastructure projects for better bicycle and pedestrian safety and education initiatives. If the municipalities endeavored to work together to prioritize projects and programs that are consistent with C/CAG’s priorities, it would benefit all of San Mateo County, especially with respect to providing north-south connectivity between municipalities.

Metrics: If you don’t measure it, you can’t improve it.

One important measure of bicycle safety is arriving safely at a destination. This is usually reflected in the negative; that is, the number of fatalities and injuries during a calendar year versus the number of successful bicycle trips.

In San Mateo County, the cities and county rely heavily on data supplied to the California Highway Patrol (CHP) to state the number of fatalities and injuries. The CHP then maintains a database, SWITRS (California Statewide Integrated Traffic Records System), which is accessible -82-
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to the public. And, UC Berkeley maintains a website, TIMS31 (Transportation Injury Mapping System), which can further refine the raw data from SWITRS.

However, relying on this data to evaluate Bicycle Safety is problematic.

Law enforcement agencies in the County submit their bicycle accident data to SWITRS based on incidents that result in fatality or injury. However, there are bicycle accidents resulting in injury which don’t make it into SWITRS because law enforcement is not called. Some examples are bicyclists being forced off the road by motor vehicles, collision near misses and, of course, bicyclist error. Consequently, the actual number of bicycle accidents is underreported and, more importantly, the list of accident locations is not complete. Cyclists that have an incident that does not involve either the police or the fire department do not have a consistent means to log their experience. That data goes unreported. And this goes both ways; there is no means for a motorist to complain about bicycle riders’ unsafe behavior.

Countywide there is no uniform metric to measure Bicycle Safety. Without such a measure, it’s impossible to assess progress while building infrastructure, enforcing laws, and educating everyone in safety principles.

An obvious metric is bicycle accidents as recorded by SWTRS and online reports, but there is another metric which evaluates the complex equation that results in safe bicycling: Bicycle Friendly America Certification32.

The League of American Cyclists is a national organization dedicated to creating “safer roads, stronger communities and a Bicycle Friendly America for everyone.” This is a grassroots organization dedicated since 1880 to protecting the right to safe and enjoyable bicycling. A valuable achievement of this organization is establishing the Bicycle Friendly America (BFA) certification for cities and counties. This consists of a very detailed application33 that a city or county official fills out to get a comprehensive rating of bicycle safety. BFA defines bicycle safety using 5 E’s:
● Equity and Accessibility: A bicycle-friendly America for everyone ● Engineering: Creating safe and creative places to ride and park ● Education: Giving people of all ages and abilities the skills and confidence to ride ● Encouragement: Creating a strong bike culture that welcomes and celebrates bicycling ● Evaluation and Planning: Planning for bicycling as a safe and viable transportation option [Note that Enforcement, a common element in the 5 E’s of safety, is not included in the BFA definition.]

31https://tims.berkeley.edu/summary.php?showArea=city&expandTables=false&injury=3&yearRange=3&showMap =crashes
32 https://bikeleague.org/bfa/
33 https://bicyclefriendly.secure-platform.com/a/organizations/main/home -83-
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The application covers the BFA 5 E’s and investigates what it calls the 10 building blocks of a Bicycle Friendly Community (BFC). Finally, the rating includes steps to reaching the next level of excellence. Oakland in 2022, for example, received a GOLD rating Report Card34 having been BRONZE in 2010 and SILVER in 2014. The following cities and SMC have received the following ratings:
● Menlo Park35: GOLD: 2017
● Redwood City36: BRONZE: 2016
● San Carlos37: BRONZE: 2016
● San Mateo38: BRONZE: 2016
● South San Francisco39: BRONZE: 2018
● San Mateo County40: BRONZE: 2016
The BFC Report Card is a valuable metric that all cities and the County should make use of. If SMC cities develop the information necessary to answer objective and comprehensive questions about bicycle safety, each jurisdiction would have a consistent metric that can be used to measure bicycle safety progress across the County.

Law Enforcement and Bicycle Safety
Laws regarding the operation of bicycles are in the California Vehicle Code (CVC), but in general, bicycles are governed by the same rules of the road as motor vehicles.

SMC law enforcement organizations are concerned that there is currently no way for them to track bicycle, pedestrian, and vehicle accidents, from near misses to actual contact, that did not require police involvement. And, even if an incident or infraction is reported, an officer may or may not go out to speak with the complainant.

Other than the initial report, there is no single repository in SMC to store and retrieve information regarding bicycle-related citations or enforcement of bicycle law so it can be used in the future.

And perhaps most importantly, the enforcement of laws, regarding motorists and bicyclists, is inconsistent due to competing priorities and the requirement that a citation requires an incident be witnessed by an officer.

34 https://bikeleague.org/sites/default/files/bfareportcards/BFC_Fall_2022_ReportCard_Oakland_CA.pdf 35 https://bikeleague.org/sites/default/files/bfareportcards/BFC_Fall_2017_ReportCard_Menlo_Park_CA.pdf 36 https://bikeleague.org/sites/default/files/bfareportcards/BFC_Spring_2016_ReportCard_Redwood_City_CA.pdf 37 https://bikeleague.org/sites/default/files/bfareportcards/BFC_Fall_2016_ReportCard_San_Carlos_CA.pdf 38 https://bikeleague.org/sites/default/files/bfareportcards/BFC_Fall_2016_ReportCard_San_Mateo_CA.pdf 39https://bikeleague.org/sites/default/files/bfareportcards/BFC_Fall_2018_ReportCard_South_San_Francisco_CA.p df
40https://bikeleague.org/sites/default/files/bfareportcards/BFC_Spring_2016_ReportCard_San_Mateo_County_CA.p df
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Conflicting Priorities
Law enforcement prioritizes assets based on the needs of the community, as well as their operating budget, when it comes to providing services. While public and political prioritization of bicycle safety issues may come up from time to time, calls for service are always prioritized.

This results in minimal officer resources dedicated to bicycle safety.

Police forces will:
● Focus resources or staff on bicycle safety, if there is an uptick in accidents at a particular location, citizen requests/calls, or requests from a jurisdiction’s public works or traffic departments to focus on certain locations; or
● Provide teams to schools and special events for bicycle safety education ● Much less often, assign their police officers to bicycle safety duty exclusively (some police departments do have officers that patrol on bicycles).

In addition, law enforcement agencies do not always enforce eBike laws, but this is mostly due to the popularity of eBikes being ahead of law enforcement policies.

Because of these conflicting priorities, and limited staff, enforcement of bicycle laws pertaining to motorists as well as bicyclists appears to be underreported.

Policing Bicycles and eBikes
Law enforcement departments in the county are very aware of the importance of bicycle safety.

Common sense says people generally want the streets to be safe for motor vehicles which translates to most officer resources going to motor vehicle enforcement.

It’s possible that safer bicycle riding could lead to fewer cars and free up police resources for more pressing issues.

The New 3’ Law for Motorists and Bicycles
In January 2023, California amended the California Vehicle Code (CVC). The new law (AB. 1909) requires all motorists to give a bicyclist three feet of clearance when passing on the lefthand side of the bicyclist or (depending on the width of the road) reduce speed appropriately, when passing. (See CVC: 21750 (b) (c) (d)). This is particularly crucial on narrow two-lane roads where there are many reports of bicyclists being forced off the road or hit by motor vehicles.

Hampering the situation is the requirement that a citation can only be written if the incident is witnessed by the officer. With the advent of helmet-worn cameras, cyclists have attempted to record these incidents with the hope that the recording can be used as “visual evidence”. But this evidence, post incident, cannot be used to issue a citation.

The San Mateo County Sheriff’s Department recently announced it will allow the public to submit these incidents on the Sheriff’s website.41 These reports have since resulted in the

41https://www.almanacnews.com/news/2023/05/12/bicyclists-can-now-report-3-foot-rule-violations-online-in-sanmateo-county -85-
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department sending a violation letter to the offending motorist; this is not a citation. However, only incidents that occur in unincorporated San Mateo County, Woodside, Portola Valley, San Carlos, Half Moon Bay, and Millbrae can use this online resource.

Citations vs. Reprimands for Education Purposes:

It is at the officer’s discretion, when addressing a law infraction, to issue a citation or give a reprimand. One advantage of a reprimand is that it creates an opportunity to educate. With officers focusing on education, these brief encounters, cumulatively, can do a lot to improve bicycle safety, for bicyclists and motorists. But only if these reprimand stops are recorded officially can an accurate picture of bicycle safety be established.

FINDINGS
F1. Bicycle policy and the approach to ensuring/improving bicycle safety is not consistent across San Mateo County due, at least in part, to:
a. Topography
b. Urban vs. suburban environments
c. Types of bicyclists (commuter, recreational)
d. Varying levels of enforcement of bicycle laws
e. Differing knowledge of bicycle laws and safe practices.

F2. Bicycle ridership as an alternative means of transportation (e.g., commuting to work, school, or transit hubs, running errands) is not increasing due, at least in part, to perceived safety issues.

F3. Bicycle accidents and incidents (such as near misses) are underreported, if reported at all.

F4. Only bicycle accidents or incidents that trigger a 911 call are consistently logged in the State (SWITRS) database and law enforcement agencies do not log bicycle accident data consistently.

F6. There is no official metric in San Mateo County and its cities to evaluate how safe it is to ride a bicycle.

F7. Bicycle safety education, for the bicyclist, pedestrians and motorists, is not consistently offered across San Mateo County.

F8. Communication between various entities with responsibility for bicycle safety, including Bicycle and Pedestrian Advisory Committees (BPACs), Law Enforcement, City Transportation Planning, and Public Works departments, is not formalized, resulting in inefficiencies, and missed opportunities (e.g., funding for improvements, shared bike safety education, or improving signage).
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F9. City Bicycle and Pedestrian Master Plans or Active Transportation Plans, have not been adopted/created by all SMC cities.

RECOMMENDATIONS
R1. By December 2023, all law enforcement agencies and the County Sheriff should submit bicycle related data to SWITRS monthly, and regularly post and update their websites with all reported bicycle accident data.

R2. By December 2023, all law enforcement agencies should begin sending warning letters to motorists for violations of the 3 ft. law.

R4. By June 3, 2024 each city, town, and unincorporated SMC should offer a bike safety education program for riders and motorists about the laws and safety facts related to bicycles on the road.

R6. By June 3, 2024, each city, town, and the county should apply (or reapply) online to generate the Bicycle Friendly Community Report Card.

REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05, the Civil Grand Jury requests responses from the San Mateo County Board of Supervisors, County Sheriff and all 20 cities and towns’ governing bodies for each Finding and Recommendation.

The governing bodies should be aware that their comments or responses must be conducted subject to the Brown Act's notice, agenda, and open meeting requirements.

RESPONSE REQUIREMENTS
California Penal Code Section 933.05, provides (emphasis added):
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
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(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons, therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.
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METHODOLOGY
The Grand Jury used a variety of tools to obtain information regarding bicycle riding and safety in San Mateo County:
● Documents: The Bike and Pedestrian Master Plans that cities use to explain approaches to planning, prioritizing projects, and re-engineering their communities to make riding and walking easier and safer. These documents came with a variety of titles:
o Bike and Pedestrian Master Plans
o Active Transportation Plans
o Micro-Mobility Plans
o Transportation Plans
● Internet: Almost all the historical and current information (including the availability of documents) regarding bicycle safety came from internet searches. Information from those searches was verified.
● Survey: The Grand Jury sent a survey in December 2022 using Google Forms to understand whether the cities believe eBikes were an issue in their communities. The results helped in defining the broader issue of bicycle safety. o The survey questions and results are in Appendix A.
o Participants: The survey was sent to all the cities in SMC and, specifically, the City Managers. Many chose to have the chief of police of their city fill out the survey. Two cities did not respond to the survey.
● Interviews: The survey helped the Grand Jury develop a list of individuals for interviews. The questions for the interview came as a result of the investigation’s pivot to the state of bicycle safety in San Mateo County as a general topic. o Participants:
▪ Cities: Belmont, Daly City, Half Moon Bay, Hillsborough, Pacifica, Portola Valley, San Mateo, Woodside
▪ Unincorporated San Mateo County
▪ Police Departments: Burlingame, Foster City, Hillsborough, Redwood City, South San Francisco
▪ Sheriff of SMC
▪ BPACs: CCAG, Unincorporated SMC
▪ CyclistVideoEvidence.com: Craig Davis
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GLOSSARY
3 ft. Rule – Motorists must yield at least 3 feet between their vehicle and a bicyclist on all roadways. This rule was amended by State legislation through Assembly Bill 1909, approved by the Governor in 2022, and commencing January 2024. Additionally, this bill requires a vehicle that is passing or overtaking a vehicle to move over to an adjacent lane of traffic, as specified, if one is available, before passing or overtaking the bicycle.

Active Transportation - A means of getting around that is powered by human energy, primarily walking and bicycling.

BFA – Bike Friendly America. A program sponsored by the League of American Bicyclists to evaluate communities with respect to their support for bicycling. As of December 2022, 501 communities are certified.

BFC – Bike Friendly Community. A Bike Friendly Awards Report Card that is given to a community that applies for a ranking (i.e., Bronze, Silver, Gold, Platinum).

BPAC – Bicycle and Pedestrian Advisory Committee
CATSIP – California Active Transportation Safety Information Pages. An online resource for improving pedestrian and bicycle safety in California. This site is administered by UC Berkeley Safe Transportation Research and Education Center (SafeTREC)42. Funding for this program was provided by a grant from the California Office of Traffic Safety43, through the National Highway Traffic Safety Administration (NHTSA).

C/CAG – City County Association of Governments of San Mateo County Bicycle Roadways
● Bike paths (Class I): also termed shared-use or multi-use paths, are paved rights-of-way for exclusive use by bicyclists, pedestrians and those using non-motorized modes of travel. They are physically separated from vehicular traffic and can be constructed in roadway rights-of-way or exclusive rights-of-way. Bike paths provide critical connections in the city where roadways are absent or are not conducive to bicycle travel. ● Bike lanes (Class II): are defined by pavement striping and signage used to allocate a portion of a roadway for exclusive or preferential bicycle travel. Bike lanes are one-way facilities on either side of a roadway. Whenever possible, bike lanes should be enhanced with treatments that improve safety and connectivity by addressing site-specific issues, such as additional warning or wayfinding signage.
● Bike routes (Class III): provide shared use with motor vehicle traffic within the same travel lane. Designated by signs, bike routes provide continuity to other bike facilities or designate preferred routes through corridors with high demand. Whenever possible, bike

42 http://safetrec.berkeley.edu/
43 http://www.ots.ca.gov/
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routes should be enhanced with treatments that improve safety and connectivity, such as the use of "Sharrows" or shared lane markings to delineate the road as a shared-use facility.
● Cycle tracks (Class IV): Also referred to as protected bikeways, are exclusive bike facilities that combine the user experience of a separated path with the on-street infrastructure of a conventional bike lane. A cycle track is physically separated from motor traffic and distinct from the sidewalk. The separation may be in the form of posts, parked cars or a combination of both.
eBike – motorized bicycle that comes in three different classes:
● Class I: Bicycle equipped with a motor that aids only when pedaling and ceases when 20 mph is reached.
● Class II: Same capability as a Class 1 eBike with a throttle-actuated motor. No pedaling required when operated with the throttle.
● Class III: Bicycle equipped with a motor that aids only when pedaling and ceases when 28 mph is reached.

GJ – Grand Jury
MTC – Metropolitan Transportation Commission is the transportation planning, financing, and coordinating agency for the nine-county San Francisco Bay Area.

SHARROW – Sharrows are pavement markings that have been installed on city streets to provide guidance for both bicyclists and vehicles on roadways when sharing the road.

SMC ATP: San Mateo County Active Transportation Plan is a comprehensive framework to guide the development of active transportation projects and programs for walking, bicycling, and other forms of human powered movement for people of all ages and abilities throughout unincorporated County communities.

SWITRS – California Statewide Integrated Traffic Records System.

TIMS – Transportation Injury Mapping System developed by the Safe Transportation Research & Education Center at the University of California, Berkeley.

TR-INST Form – Notice to Appear form used by law enforcement for law infractions. -91-
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APPENDIX A: Bicycle Safety Best Practices
Bicycle Education Best Practices
There are two excellent examples of California communities that are investing in Bike Safety education: Davis and San Diego.

San Diego Bike Coalition:

This is an excellent reference tool to see all the kinds of bicycle safety education that can be offered and the resources that can be used to teach those courses. Again, the classes range from those for a variety of ages of bicyclists, basic bicycling, bicycle friendly motorist safety, and others.
https://sdbikecoalition.org/our-work/education/
Davis, California:

The City of Davis, CA, which is one of the leading bicycle communities in the US, has several pages of information about bike safety education on its website. https://www.cityofdavis.org/city-hall/public-works-engineering-and-transportation/bikepedestrian-program Two Cities Committed to Bicycling: Portland, Oregon and Davis, California Portland and Davis have become famous for their commitment to supporting bicycling, not only as recreational, but also as a true commuter alternative to motor vehicles and public transportation. Both have received the Platinum rating for a Bicycle Friendly Community from The League of American Bicyclists, while being quite different communities.

Portland is a large city of 622,000 residents with similar topography to the linked San Mateo County cities along El Camino Real: hilly and flat lands, urban centers, urban neighborhoods, suburbia, and major freeways. Portland advertises itself as “Bicycle Friendly” and claimed the highest percentage of bike commuters in US large cities in 2019 at 6% (Portland does annual bike ride census counts). Portland started investing in bicycle infrastructure with the acceptance of the 1973 Portland Bike Plan and the formation of a Bicycle Advisory Committee within the City Transportation Department. Since then, it has created:
● 385 miles of bikeways
● 36 miles of protected bike lanes
● A pedestrian and bicycle only bridge over the Willamette River and protected bike lanes on other bridges
● Intersections with bicycle specific traffic signals
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● Bicycle boxes44 at intersections to raise the visibility for motorists turning right ● A Safe Routes for Schools serving 100 schools
● 6500 bike racks to meet increased demand for safe stow of bicycles ● 3 bicycle plans over 40 years that establish policy, goals and a bikeway network ● $60 M spent to 2008 on bicycle infrastructure (one mile of installed freeway costs $60M) Portland’s safety record is very good for a large city: 4.3% of all traffic injury accidents from 2015-2019 are bicycle related. In comparison, San Francisco’s number is 14% for the same period. Portland also does better than San Mateo County (8%) and a representative city, Redwood City (10%).

Davis in California is a small city between San Francisco and Sacramento with a population of 66,800. It has earned a nationwide reputation for supporting bicycles in its community (there is a bicycle on the city logo). The topography of Davis could not be flatter and more conducive to bicycle riding. The current statistics indicate that 20% of Davis’s population commutes on bicycles. In 1967, Davis was the first community in the US to develop dedicated bicycle lanes (a total of 4!). The origins of this project were a couple that had visited the Netherlands, often cited as the most bicycle friendly nation in the world. They were so impressed with the bicycle infrastructure that they started a grassroots movement in Davis to promote safe bicycle riding.

The group had to overcome CA law that did not support bike lanes on city streets, but once the law was revised, Davis proceeded to create bicycle infrastructure throughout the City:
● 63 miles of pathways
● 102 miles of bike lanes
● 75% of roads have a posted speed limit of 25 mph
● Of the 169 miles in the road network, 140 miles of roads are posted at 25 mph or less., 21 miles of roads are posted at between 25 mph and 35 mph, and 8 miles of roads posted over 35 mph
● 1 mile of bicycle boulevards
● 1 mile of cycle track
● 4 miles of buffered bike lanes
● 4,300 bike racks within the City and over 2,000 bike racks downtown ● 25 grade separated crossings. Four overpasses and 21 underpass crossings. Gradeseparated crossings are used to move people on bikes and pedestrians over and under barriers like railroad tracks, busy roads, and the freeway.

Davis’s bicycle accidents with injury (and fatalities) are high for a city of its size. However, the number of total accidents with injury is also very low compared to cities of comparable size. For

44 https://nacto.org/publication/urban-bikeway-design-guide/intersection-treatments/bike-boxes/ -93-
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example: in 2019 there were 60 bicycle accidents with injury and 221 total vehicle injury accidents resulting in 27% of all vehicular accidents involving a bicycle. Redwood City’s number is 4.8%, but their number of bicycle commuters is less than 1%. If you look at the percentage of accidents with respect to the biking population for 2019, Davis’s percentage is .4% and Redwood City’s percentage is 2.4%. Davis’s safety statistics are very good, given the number of bicycle riders.

Both Portland and Davis are renowned environments for bicycle riders because they committed early to bicycle infrastructure and consistently improved it over the years. The city government and the school systems actively support bicycle education. Both cities conduct counts to determine bicycle use. They are both advocates of the Vision Zero policy to reduce accidents and fatalities. They use the Bicycle Friendly Community evaluation process to assess their progress towards their bicycle plans and goals.

Disclosure: Portland, beginning in 2020, noted a decline in bicycle commuter percentages.

Thinking it was an aberration of the pandemic shutdown, it continued to do annual bike counts.

As of 2022, its percentage had gone down to 3.1%. The current theory of why there has been a decline is assumed to be the increase of work from home. Regardless, Portland continues to make improvements to its bicycle infrastructure and safety. -94-
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APPENDIX B: San Mateo County Bicycle and Pedestrian Master Plan List Jurisdiction Year Name of Report Link to Report
Atherton Jul 2014 Town of Atherton Bicycle
and Pedestrian Master Plan
https://www.ci.atherton.ca.us/Docume
ntCenter/View/1381/AthertonBPMP_Proposed-Final-July2014?bidId= Belmont Nov 2016 City of Belmont
Comprehensive Pedestrian &
Bicycle Plan
https://www.belmont.gov/home/show
publisheddocument/14951/636179086
799900000
Brisbane Feb 2017 Brisbane Pedestrian and
Bicycle Master Plan
https://www.brisbaneca.org/sites/defa
ult/files/fileattachments/public_works/
page/149/bikepedmasterplanappendic
es.pdf
Burlingame Dec 2020 City of Burlingame Bicycle
and Pedestrian Master Plan
https://www.burlingame.org/business
_detail_T54_R154.php
Colma Feb 2021 Colma El Camino Real
Bicycle and Pedestrian
Improvement Plan
https://www.colma.ca.gov/documents/
ecr-improvement-plan/
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Jurisdiction Year Name of Report Link to Report
Daly City Feb 2020 Walk Bike Daly City; City of
Daly City Pedestrian and
Bicycle Master Plan 2020
https://dalycity.org/1106/Daly-CityPedestrian-and-Bicycle-MasterEast Palo Alto Oct 2017 2017 East Palo Alto Bicycle Transportation Plan
https://www.cityofepa.org/sites/defaul
t/files/fileattachments/planning/page/2
801/reso_4905_adopting_2017_bicycl
e_transportation_plan.pdf
Half Moon Bay Sep 2019 City of Half Moon Bay
Bicycle and Pedestrian
Master Plan
https://www.half-moonbay.ca.us/DocumentCenter/View/224 3/Bicycle-and-Pedestrian-MasterPlan-Final?bidId=
Menlo Park Nov 2020 City of Menlo Park
Transportation Master Plan
https://beta.menlopark.org/Governme
nt/Departments/PublicWorks/TransportationDivision/Bicycling Millbrae 2021/2022 City of Millbrae Active
Transportation Plan
https://www.ci.millbrae.ca.us/home/sh
owpublisheddocument/25807/637787
902014030000
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2022-2023 San Mateo County Civil Grand Jury 28
Jurisdiction Year Name of Report Link to Report
Pacifica Feb 2020 City of Pacifica Bicycle &
Pedestrian Master Plan
https://www.cityofpacifica.org/depart
ments/publicworks/engineering/bicycle-pedestrianmaster-plan Redwood City July 2018 Redwood City Moves, A
Comprehensive Assessment
of Transportation with
Redwood City
San Bruno Jul 2016 City of San Bruno Walk 'n
Bike Plan
https://sanbruno.ca.gov/DocumentCen
ter/View/1733/Adopted-San-BrunoWalk-n-Bike-Plan-PDF
San Carlos Jun 2020 City of San Carlos Bicycle
and Pedestrian Master Plan
Final
https://www.cityofsancarlos.org/home
/showpublisheddocument/8139/63815
5282314370000
San Mateo Apr 2020 San Mateo Bicycle Master
Plan April 2020 Final
https://www.cityofsanmateo.org/Docu
mentCenter/View/85445/2020-BikeMaster-Plan_Final_Updated62021?bidId= -97-
2022-2023 San Mateo County Civil Grand Jury 29
Jurisdiction Year Name of Report Link to Report
South San
Francisco
Mar 2022 Active South City: South San
Francisco's Bicycle and
Pedestrian Master Plan Draft
https://activesouthcity.com/wpcontent/uploads/2022/03/SSFActiveSouthCity_PublicDraft_31Mar ch2022_plan_only.pdf
San Mateo
County
2021 2021 C/CAG San Mateo
County Comprehensive
Bicycle and Pedestrian Plan
https://ccag.ca.gov/wpcontent/uploads/2021/06/San-MateoCounty-Comprehensive-Bicycle-andPedestrian-Plan-Update-FinalPlan.pdf -98-
2022-2023 San Mateo County Civil Grand Jury 30
APPENDIX C: Survey Questions and Results
This is a summary of the responses:

1. Cities and law enforcement do not track bicycle and eBike accident statistics separately; in fact, most respondents did not track eBike specific data at all (94%).

2. Complaints on Class I Bicycle Roadways include speeding and not yielding to pedestrians.

3. Complaints on Class II and III Bicycle Roadways include speeding, improper signaling, mixed use of bikes/eBikes and violation of the 3 ft. Rule.

4. Of 361 citations issued, only 11 were specifically for eBikes. It is impossible to know if there were more eBikes in violation as there is no requirement to ID the type of bicycle when filling out the form.

5. Class 3 eBikes are more powerful machines and have specific laws regarding usage. Only 50% of the respondents were enforcing the Class 3 eBike laws.

6. Complaints and incidents regarding bicycles (from riders or others) come mostly through police reports, but also from input to City Halls, Redwood City’s “app”, city planning, parks and recreation.

7. 1/3 respondents said there has been an increase in complaints regarding bicycles in the last three years (speeding, underage use, reckless behavior, vehicular code).

8. 2/3 of respondents said there had not been an increase in complaints regarding eBikes and 25% said they didn’t know.

9. Civilian bicycle complaints are generally not available to the public (over 50% of respondents).

10. 44% of respondents said they don’t provide bicycle safety education.

11. Enforcement of bicycle-related law is done where appropriate, with discretionary authority. Effort is made to educate at the time of the infraction. Additional enforcement is budget driven.

12. Future planning for the regulation of bicycles and eBikes varies greatly in the responses (see Question II-16 in Appendix A).

List of responses to questions (on the next page):
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2022-2023 San Mateo County Civil Grand Jury 31
Number of bicycle accidents in 2022? 212
Number of bicycle accidents in 2020 to the end of 2021? 307 -100-
2022-2023 San Mateo County Civil Grand Jury 32
How many Bicycle citations were issued in the last year? 361 How many eBike Citations were issued in the last year? 0 [Comments: this information is not tracked]
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If you are enforcing bicycle/eBike law, how is it accomplished? ● Nothing too specific. Enforcement during routine patrol if violations are witnessed. The PD has done a few details and targeted patrols in our downtown area specifically looking for bicycle violations (riding on sidewalks, helmet violations, reckless behavior, etc.). ● The Police Department enforces all laws as appropriate and with necessary and legal discretionary authority.
● Education and Enforcement
● All officers are trained to enforce Vehicle Code and Municipal Code law on bicycles and eBikes.
● On view and by complaint.
● On view and calls for service which result in Education or Enforcement. ● Traffic enforcement resulting in citations and/or verbal warnings/ education to the public. ● Through proactive patrols, directed enforcement and calls for service. ● Most bicycle stops are made for violations occurring on roadways, not on trails or sidewalks. Most bike stops result in education and not citations as evidenced by our low citation numbers.
● Primarily through education and warnings.
● We have not enforced the Bicycle/eBike law because we have not received any comments to date that have triggered the Police Department to enforce. -102-
2022-2023 San Mateo County Civil Grand Jury 34
● By Sheriff patrol.
● We can’t enforce much because of limitations in light of funding and staffing needs -103-
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Does your city/town have any future plans regarding the regulation of bicycles and eBikes? ● Not at this time.
● Yes. Additional and improved bike lanes.
● Policies in the newly adopted General Plan supporting alternative modes of transportation, including bikes.
● Awaiting the results of the County-wide eBike pilot to determine best practices to implement.
● Not at this time.
● Not at this time. There have not been complaints/concerns regarding eBikes. ● Not at this time.
● Not that I am aware of.
● No, unless we start receiving complaints.
● Yes, The City of South San Francisco's Bicycle and Pedestrian Master Plan. ● No
● As the Town begins to understand various micro-mobility issues going forward, eBikes being part of that growth pattern, we will plan to prepare plans and outreach material to help educate the bike populations on eBike protocols and safety. ● With the growing development, more bike facilities are being provided for the general public. Public outreach and programs to help educate both current/new users are currently -105-
2022-2023 San Mateo County Civil Grand Jury 37
being implemented citywide. Buildout of Bike & Pedestrian master plan is underway.

Alameda de Las Pulgas and Ralston 4 designs are underway. Creation of a transportation master plan is also underway. Parks & Recreation Department is developing a Master Plan that also includes implementation of eBikes policies on open space trails. ● Yes
● Nothing specific regulatory changes planned at this time. ● City is currently drafting ordinance language to address the increasing number of electric mobility devices that are present on trails and paths. Many conversations have occurred at BPAC and council (among other committees and commissions) and will continue in 2024.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010

CONSENT CALENDAR

CITY COUNCIL MEETING
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH JMB CONSTRUCTION, INC. FOR THE SANDRA HAYNE STORM DRAIN REPLACEMENT PROJECT TO IN THE AMOUNT OF $2,534,036.74 PURSUANT TO CEQA GUIDELINE 15302 SUMMARY: The Sandra Hayne Strom Drain Replacement Project improves the capacity and structural deficiencies of the storm drain system at the intersection of Hayne Road and Sandra Road. The improvements will minimize the risk of flooding, roadway failure, damage to public and private structures, hillside erosion, and traffic disruption. The improvements include a new headwall, storm drainpipes, a rip rap energy dissipater, junction structures, and creek restoration improvements.

The active construction work started in June 2022 and was substantially completed in November 2022, but the heavy storms that impacted the Bay Area in December 2022 caused damage to the project which required some repairs to restore the intended functionality and aesthetic value of the Project.

Because the project limits encompass Cherry Creek, which is defined as waters of the State, this project is subject to the regulatory requirements of the Regional Water Quality Control Board (RWQCB), California Fish and Wildlife, and US Army Corps of Engineers. One of these requirements limits construction within the creek between June 15 and October 15. For this reason, the storm damage repair work inside the creek was delayed after June 15, 2023, to meet the regulatory construction timeframe.

FISCAL IMPACT: The project was awarded in May 2022 to JMB Construction, Inc. in the amount of $2,346,630.00, with a 10% contingency, for a total construction budget of $2,581,293.00. The project was completed in the amount of $2,534,036.74 which is below the authorized budget with contingency.

ENVIRONMENTAL ISSUES: his project is exempt from the California Environmental Quality Act (CEQA) per Section 15302 of the California Code of Regulations. There is no environmental impact associated with this item.

ATTACHMENTS: Resolution
PREPARED BY: Natalie Gribben, Associate Engineer
RECOMMENDATION: Adopt the resolution accepting as complete the contract with JMB Construction, Inc. for the Sandra Hayne Storm Drain Replacement Project in the amount of -107-
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October 9, 2023

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$2,534,036.74, and authorizing staff to file a Notice of Completion for the Project and release withheld retention in accordance with State prompt payment laws. -108-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ACCEPTING AS COMPLETE THE CONTRACT WITH JMB CONSTRUCTION, INC.

FOR THE SANDRA HAYNE STORM DRAIN REPLACEMENT PROJECT IN THE AMOUNT OF $2,534,036.74
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s stormwater drainage system; and
WHEREAS, the Town desired to improve the capacity and structural deficiencies of the storm drain system at the intersection of Hayne Road and Sandra Road to minimize the risk of flooding, roadway failure, damage to public and private structures, hillside erosion, and traffic disruption as part of the Sandra Hayne Storm Drain Replacement Project (the “Project”); and WHEREAS, the Project included new storm drain pipe, structures, headwalls and creek stabilization improvements; and
WHEREAS, plans and specifications were developed for improvements to the Town’s stormwater drainage system to repair the deficiencies; and WHEREAS, the Project was publicly bid and advertised according to the Uniform Public Construction Cost Accounting Act and the Town received two bids for the Project; and
WHEREAS, JMB Construction, Inc. (JMB) was the lowest responsible bidder submitting a responsive bid in the amount of $2,346,630.00; and WHEREAS, the Town established a 10% contingency for a total Project budget of $2,581,293.00; and
WHEREAS, funding was allocated from the Capital Improvement Fund (CIP #803) and General Fund transfer; and
WHEREAS, a notice to proceed was issued to JMB Construction, Inc., and the Project progressed until completed in the amount of $2,534,036.74.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough does hereby accept as complete the contract with JMB Construction, Inc. for the Sandra Hayne Storm Drain Replacement project, the final amount of which is $2,534,036.74, and authorizes staff to file a Notice of Completion for the Project and directs staff to release withheld retention in accordance with state prompt payment laws.

Mayor of the Town of Hillsborough
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2 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 October 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
12 OLD BUSINESS

CITY COUNCIL MEETING
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 8.32 OF THE

HILLSBOROUGH MUNICIPAL CODE TO BAN GAS POWERED LEAF BLOWERS SUMMARY: The Town of Hillsborough has been considering regulations related to the use of leaf blowers in Town for the past few years. In August 2023, City Council directed staff to schedule a study session for further discussion of a ban of gas-powered leaf blowers and modifications to the Hillsborough Municipal Code (HMC).

On September 11, 2023, the City Council held a study session to consider an ordinance proposing amendments to Chapter 8.32 of the HMC, “Noise”, pertaining to leaf blowers. Council previously discussed the issue, accepted public comments on the topic, and provided direction for staff.

In 2021, California passed Assembly Bill 1346, banning the sale of gas-powered leaf blowers, lawnmowers, chain saws, and generators (among other small off-road engines) starting July 1, 2024. The law also establishes emissions reductions standards for existing gas-powered leaf blowers as of July 1, 2022. In efforts to make the switch easier, the bill also requires the California Air Resources Board (CARB) to identify and, to the extent feasible, make available funding for commercial rebates or similar incentive funding. As of November 2022, CARB has allocated $27,000,000 in funding for this voucher program.

The proposed regulations related to noise and gas-powered leaf blowers are summarized below:
• No person shall operate any gas-powered leaf blower after July 1, 2024. • Leaf blowers must bear an affixed manufacturer’s label indicating the model number of the leaf blower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing the American National Standard Institute methodology. • Allowed time of use for leaf blowers:
o Monday through Friday, between 8 am and 5 pm
o Saturday, between 10am and 5pm
• Added definition of unreasonable noise, defined as noise that exceeds the limits as specified in the revised ordinance HMC Section 8.32.070 currently states “the city manager may adopt reasonable rules and regulations for the purpose of administering the provisions of this chapter.” As part of the implementation, the city manager’s office will create a public education program, as outlined below:
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October 9, 2023

Page 2 ends

• Direct mailer summarizing ordinance changes and postcard/handout to all landscapers/gardeners with an active business license in Hillsborough
• Regular Town communications – mailers, weekly bulletin announcements, quarterly newsletter article(s)
• Hillsborough Police Department Social Media
• Website updates
• Direct mailed postcard/handout to all residents
• Updates at City Council meetings
• Other methods as may be directed by the City Council
Enforcement of the ordinance will begin July 1, 2024. The Hillsborough Police Department will be responsible for ensuring compliance. Prior to July 1, 2024, staff will help educate contractors on the new ordinance. Beginning July 1, 2024, staff will use a combination of education, warnings, and notices of violations to attain compliance.

Violations of the ordinance will result in an infraction, governed under Hillsborough Municipal Code Section 8.32.040(B)(1)(a): “Every violation determined to be an infraction shall be punishable by (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year; or the maximum penalty allowed by law for any or all such violation.” Additionally, any business license may be revoked in the case of a violation of any Town ordinance, pursuant to 5.04.180.

FISCAL IMPACT: There is no immediate fiscal impact to the Town as a result of this action, as the Town currently has sufficient staff to carry out any additional code enforcement duties that may result from the adoption of this ordinance. Adoption of further, more specific leaf blower regulations may have a fiscal impact on Town operations, dependent on the scope, that would be evaluated at the time of consideration.

ENVIRONMENTAL ISSUES: Pursuant to CEQA Guidelines Section 15061(b)(3), also known as the “common sense” exemption, the ban on gas-powered leaf blowers is exempt from CEQA as it can be seen with certainty that it will have no possibility for causing a significant effect on the environment as leaf blowers powered by other means are still permitted.

ATTACHMENTS:

1. Ordinance and Exhibit A (clean)

2. Exhibit A (redline)
PREPARED BY: Mandy Brown, Senior Management Analyst
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Page 3 ends

RECOMMENDATION: Introduce and waive further reading of the ordinance entitled, "An Ordinance of the City Council of the Town of Hillsborough Amending Chapter 8.32 of the Hillsborough Municipal Code Relating to Gas-Powered Leaf Blowers." -113-
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH, CALIFORNIA AMENDING CHAPTER 8.32 OF THE HILLSBOROUGH MUNICIPAL

CODE RELATING TO GAS-POWERED LEAF BLOWERS
WHEREAS, the State of California has taken various concrete steps toward reducing the carbon footprint, including passing Assembly Bill 1346 in 2021 to outlaw the sale of new gaspowered leaf blowers, string trimmers, hedge trimmers, lawnmowers, and chainsaws by January 1, 2024; and
WHEREAS, many gas-powered leaf blowers produce noise exceeding the Town’s noise ordinance levels with the average 2-stroke backpack leaf blower’s ability to emit upwards of 90 decibels that can lead to hearing loss; and
WHEREAS, research by the California Air Resources Board has identified the use of gaspowered small off-road engines, including leaf blowers, as detrimental to the environment as they emit high levels of air pollutants like oxides of nitrogen and other reactive organic gases; and WHEREAS, professional landscapers using gas-powered landscape equipment are forced to endure sustained exposure to high amounts of noise and hazardous exhaust; and WHEREAS, on August 14, 2023, the City Council, in response to community concerns about gas-powered leaf blower’s negative effects on noise, health, and air quality, directed staff to prepare a draft ordinance regulating gas-powered leaf blowers for final adoption by the City Council in 2023; and
WHEREAS, the Town currently regulates leaf blowers through its noise ordinance; and WHEREAS, modern, readily available electric-powered landscape equipment is quiet and zero-emission and can cost less to purchase and operate with efficient use of the equipment and use of available incentives; and
WHEREAS, the City Council finds that the enactment of this ordinance regulating gas powered leaf blowers is necessary to protect the public health, safety, and general welfare from noise and air quality impacts caused by gas powered leaf blowers.

NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 8.32 is hereby amended in its entirety as set forth in Exhibit A, incorporated by this reference.

Section 2. Pursuant to CEQA Guidelines Section 15061(b)(3), also known as the “common sense” exemption, the ban on gas-powered leaf blowers is exempt from CEQA as it can be seen with certainty that it will have no possibility for causing a significant effect on the environment as leaf blowers powered by other means are still permitted.

ATTACHMENT 1
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2 Section 3. If any section, subsection, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.

Section 3. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the Town of Hillsborough, California, and cause a summary to be published once within fifteen (15) days after its passage in a newspaper of general circulation, printed, published and circulated in the City in accordance with Government Code section 36933.

Section 4. This Ordinance shall take effect July 1, 2024. __________________________________
Mayor of the Town of Hillsborough
______________________________
Attest: City Clerk
ORDINANCE NO. ____ of the Town of Hillsborough introduced on ____________, and adopted on __________________ by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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Page 1 of 3 ends

Chapter 8.32 REGULATING NOISE AND OTHER HEALTH AND WELFARE Sections:

8.32.010 Declaration of policy.

It is declared to be the policy of the town of Hillsborough that the peace, health, safety and welfare of the town's residents require protection from excessive, unnecessary and unreasonable noises and or emissions from discretionary sources in the town. The purpose of this chapter is to preserve and enhance the tranquility for which the town is noted, to implement the goal of the general plan to minimize noise levels within neighborhoods so that residents may enjoy the benefits normally associated with residential communities, and to control the adverse effect of noise sources, all to the extent reasonably possible. (Ord. 664 § 1, 2005; Ord. 439 (part), 1987)

8.32.020 Definitions.

For the purposes of this chapter, certain terms are defined as follows:
"Discretionary noise" consists of the noises of construction heavy machinery, gas-powered gardening devices, electric-powered gardening devices, residential power equipment, and other powered outdoor equipment, and the noises of other activities and devices not included in normal noise."Electric-powered gardening device" means any portable machine powered with electricity and used in gardening, including but not limited to a leaf blower, lawn mower, hedge trimmer, edger, rototiller, or chain saw. "Emergencies" means essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm. Such activities include actions initiated by the town of Hillsborough, public utility companies or private individuals.
"Gas-powered gardening device" means any portable machine powered with a gasoline engine and used in gardening, including, but not limited to a leaf blower, lawn mower, hedge trimmer, edger, rototiller, or chain saw. “Leaf blower” means any portable machine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns, or other surfaces.
"Normal noise” consists of the noises of vehicular traffic, household appliances usually used within the living areas of a residential dwelling and similar articles used indoors, human voices, domestic pets, wildlife, weather and other forces of nature, and the other inevitable and ordinary noises of living. "Noise level" means the maximum continuous sound level or repetitive peak sound level produced by a source or group of sources as measured with a sound level meter. "Property plane" means a vertical plane including the property line which determines the property boundaries in space.
"Residential power equipment" means any of the following devices which are mechanically powered: saw, chain saw, sander, drill, grinder, generator, air compressor, power washer, gardening devices other than a leaf blower, or any other similar tool or device.
"Sound level," expressed in decibels (dB), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Terminology," paragraph 2.9, or successor reference. All references to dB in this chapter utilize the A-level weighting scale, abbreviated dBA, measured as set forth in this section.

EXHIBIT A
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Page 2 of 3 ends

"Sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters." “Unreasonable noise” means any and all excessively annoying, loud or unusual noises or vibrations that exceed the sound level limits set forth in Section 8.32.040(C) or offend the peace and quiet of persons of ordinary sensibilities and which interfere with the comfortable enjoyment of life or property and affect at the same time an entire neighborhood, or any considerable number of persons. "Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a highway or street.
(Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.030 [Reserved]

8.32.040 When allowed.

A. Unreasonable noise is prohibited.

B. Normal noise shall be allowed at any time all seven days of the week.

C. Discretionary noise shall be allowed only as follows (or as allowed under the exceptions set forth in Section

8.32.050 of this chapter):

1. Construction.
a. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may perform construction, alteration, demolition or repair pursuant to a valid building or other applicable permit issued by the town, provided that the noise level from all sources combined (whatever the sources are), as measured twenty-five feet outside the property line, shall not exceed one hundred dBA at distance of twenty-five feet outside the property line. This standard is the “property plane standard.” b. On Saturdays, anyone may perform construction, alteration, demolition or repair pursuant to a valid building or other applicable permit issued by the town so long as the activities do not produce, singly or in combination, a total combined noise level of more than seventy dBA outside of the property plane; provided, however, that the building permit or other applicable permit may contain restrictions beyond those in this section, in which case, such greater restrictions shall control. c. On Sundays and holidays observed by the Town, meaning that the city clerk’s office is closed for observance of the weekday holiday, construction,, alteration, demolition, or repair noise is prohibited.

2. Residential Power Equipment, Including Gardening Equipment Other than Leaf Blowers. a. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may operate residential power equipment if the property plane standard is met. Between the hours of five p.m. and eight p.m., anyone may operate residential power equipment if the property plane standard is met. b. On Saturdays, between the hours of ten a.m. and five p.m., anyone may operate, residential power equipment, not otherwise prohibited by this Code, that does not produce, singly or in combination, a total combined noise level of more than sixty-five dBA outside of the property plane. c. On Sundays and holidays observed by the Town, meaning that the city clerk’s office is closed for observance of the weekday holiday, residential power equipment noise is prohibited.

3. Leaf Blowers.
a. No person shall operate any gas-powered leaf blower after July 1, 2024. -117-

Page 3 of 3 ends

b. No person shall operate any leaf blower, not otherwise prohibited by this Code, which does not bear an affixed manufacturer’s label indicating the model number of the leaf blower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing the American National Standard Institute methodology.
c. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may operate any leaf blower, not otherwise prohibited by this code, so long as the property plane standard is met. d. On Saturdays, between the hours of ten a.m. and five p.m., anyone may operate any leaf blower, not otherwise prohibited by this Code, so long as the property plane standard is met. e. On Sundays and holidays observed by the Town, meaning that the city clerk’s office is closed for observance of the weekday holiday, noise from leaf blowers is prohibited. (Ord. 664 § 2 (part), 2005: Ord. 567 § 1, 1998; Ord. 561 §§ 2—4, 1997; Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.050 Exceptions.

A. Refuse collection activities shall be permitted as provided in Section 8.12.050 of this code so long as they do not produce a noise level in excess of ninety-five dBA measured at a distance of twenty-five feet from the source.

B. Audible warning devices required by law to protect the health, safety and welfare of the community shall be permitted so long as they do not produce a noise level more than three dBA above the standard or minimum level stipulated by law. This is in addition to the requirements for burglary, fire and robbery alarms imposed by Chapter 5.12 of this code. Vehicle horns or other devices primarily intended to create a loud noise for warning purposes shall comply with the applicable provisions of the California Vehicle Code and other applicable law.

C. Sound performances and special events not exceeding eighty dBA measured at a distance of fifty feet from the source are exempt from this chapter when approval therefore has been obtained from the appropriate governmental entity.

D. Emergencies shall be exempt from this chapter.
(Ord. 664 § 2 (part), 2005: Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.060 Violations.

Violations of any provision of this chapter shall be a misdemeanor except that any violation with respect to the operation of residential power equipment or gas- or electric-powered gardening devices shall be an infraction unless such operation is part of construction, alteration, demolition or repair set forth in Section 8.32.040(B)(1)(a) of this chapter.
(Ord. 664 § 3, 2005; Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.070 Administrative rules.

The city manager may adopt reasonable rules and regulations for the purpose of administering the provisions of this chapter.
(Ord. 538 (part), 1994; Ord. 439 (part), 1987)
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Chapter 8.32 REGULATING NOISE AND OTHER HEALTH AND WELFARE Sections:

8.32.010 Declaration of policy.

It is declared to be the policy of the town of Hillsborough that the peace, health, safety and welfare of the town's residents require protection from excessive, unnecessary and unreasonable noises and or emissions from any and alldiscretionary sources in the town. The purpose of this chapter is to preserve and enhance the tranquility for which the town is noted, to implement the goal of the general plan to minimize noise levels within neighborhoods so that residents may enjoy the benefits normally associated with residential communities, and to control the adverse effect of noise sources, all to the extent reasonably possible. (Ord. 664 § 1, 2005; Ord. 439 (part), 1987)

8.32.020 Definitions.

For the purposes of this chapter, certain terms are defined as follows:
"Discretionary noise" consists of the noises of construction heavy machinery, gas‐powered gardening devices, electric‐powered gardening devices, residential power equipment, and other powered outdoor equipment, and the noises of other activities and devices not included in normal noise. "Electric‐powered gardening device" means any portable machine powered with electricity and used in gardening, including but not limited to a leaf blower, lawn mower, hedge trimmer, edger, rototiller, or chain saw. "Electric‐powered gardening device" means any device described in subsection G of this section but powered by electricity instead of gas.
"Emergencies" means essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm. Such activities include actions initiated by the town of Hillsborough, public utility companies or private individuals.
"Gas‐powered gardening device" means any portable machine powered with a gasoline engine and used in gardening, including, but not limited to a, (1) leaf blower, (2) lawn mower, (3) hedge trimmer, (4) edger, (5) rototiller, or (6) chain saw.
“Leaf blower” means any portable machine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns, or other surfaces.
"Normal noise” consists of the noises of vehicular traffic, household appliances usually used within the living areas of a residential dwelling and similar articles used indoors, human voices, domestic pets, wildlife, weather and other forces of nature, and the other inevitable and ordinary noises of living. "Noise level" means the maximum continuous sound level or repetitive peak sound level produced by a source or group of sources as measured with a sound level meter. "Property plane" means a vertical plane including the property line which determines the property boundaries in space.
"Residential power equipment" means any of the following devices which are mechanically powered: saw, chain saw, sander, drill, grinder, generator, air compressor, power washer, electric‐powered (but not gas‐powered) gardening devices other than a leaf blower, or any other similar tool or device. "Sound level," expressed in decibels (dB), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National ATTACHMENT 2

EXHIBIT A - REDLINE
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Page 2 of 4 ends

Standards Institute Standard S1.1, "Acoustic Terminology," paragraph 2.9, or successor reference. All references to dB in this chapter utilize the A‐level weighting scale, abbreviated dBA, measured as set forth in this section. "Sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters." “Unreasonable noise” means any and all excessively annoying, loud or unusual noises or vibrations that exceed the sound level limits set forth in Section 8.32.040(C) or offend the peace and quiet of persons of ordinary sensibilities and which interfere with the comfortable enjoyment of life or property and affect at the same time an entire neighborhood, or any considerable number of persons. "Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a highway or street.
(Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.030 [Reserved]

8.32.030 Normal noise and discretionary noise.
"Normal noise" consists of the noises of vehicular traffic, household appliances usually used within the living areas of a residential dwelling and similar articles used indoors, human voices, domestic pets, wildlife, weather and other forces of nature, and the other inevitable and ordinary noises of living. "Discretionary noise" consists of the noises of construction heavy machinery, gas‐powered gardening devices, electric‐powered gardening devices, residential power equipment, and other powered outdoor equipment, and the noises of other activities and devices not included in normal noise.
(Ord. 664 § 2 (part), 2005: Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.040 When allowed.

A. Unreasonable noise is prohibited.

B. Normal noise shall be allowed at any time all seven days of the week.

CB. Discretionary noise shall be allowed only as follows (or as allowed under the exceptions set forth in Section

8.32.050 of this chapter):

1. Construction.
a. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may perform construction, alteration, demolition or repair pursuant to a valid building or other applicable permit issued by the town, provided that the noise level from all sources combined (whatever the sources are), as measured twenty‐five feet outside the property line, shall not exceed one hundred dBA at distance of twenty‐five feet outside the property line. This standard is the “property plane standard.” b. On Saturdays, anyone may perform construction, alteration, demolition or repair pursuant to a valid building or other applicable permit issued by the town so long as the activities do not produce, singly or in combination, a total combined noise level of more than seventy dBA outside of the property plane; provided, however, that the building permit or other applicable permit may contain restrictions beyond those in this section, in which case, such greater restrictions shall control. c. On Sundays and holidays observed by the Town, meaning that the city clerk’s office is closed for observance of the weekday holiday, construction,, alteration, demolition, or repair noise is prohibited.

2. Residential Power Equipment, Including Gardening Equipment Other than Leaf Blowers. -120-

Page 3 of 4 ends

a. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may operate residential power equipment if the property plane standard is met. Between the hours of five p.m. and eight p.m., anyone may operate residential power equipment if the property plane standard is met. b. On Saturdays, between the hours of tTen A.Ma.m. and fFive P.Mp.m., anyone may operate, residential power equipment, not otherwise prohibited by this Code, that does not produce, singly or in combination, a total combined noise level of more than sixty‐five dBA outside of the property plane. c. On Sundays and holidays observed by the Town, meaning that the city clerk’s office is closed for observance of the weekday holiday, residential power equipment noise is prohibited.

3. Leaf Blowers.
a. No person shall operate any gas‐powered leaf blower after July 1, 2024. b. No person shall operate any leaf blower, not otherwise prohibited by this Code, which does not bear an affixed manufacturer’s label indicating the model number of the leaf blower and designating a noise level not in excess of sixty‐five dBA when measured from a distance of fifty feet utilizing the American National Standard Institute methodology.
c. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may operate any leaf blower, not otherwise prohibited by this code, so long as the property plane standard is met. d. On Saturdays, between the hours of tTen aA.mM. and fFive pP.mM., anyone may operate any leaf blower, not otherwise prohibited by this Code, so long as the property plane standard is met. e. On Sundays and holidays observed by the Town, meaning that the city clerk’s office is closed for observance of the weekday holiday, noise from leaf blowers is prohibited.

1. Monday through Friday (except holidays observed by the town, meaning that the city clerk's office is closed for observance of the weekday holiday):
a. Between Eight A.M. and Five P.M. Anyone may perform construction, alteration, demolition or repair, and anyone may operate residential power equipment provided that the noise level from all sources combined (whatever the sources are), as measured twenty‐five feet outside the property line, shall not exceed one hundred dBA. This standard is the "property plane standard." b. Between Five P.M. and Eight P.M. Property owners and residents (and family members of either) may operate (on the owner's or resident's property) residential power equipment if the property plane standard is met.
c. Between Nine A.M. and Five P.M. Anyone may operate gas‐powered or electric‐powered gardening devices that do not produce a total combined noise level in excess of seventy dBA when measured from a distance of twenty‐five feet from the loudest operating motor.

2. Saturday:
a. No leaf blowers at any time;
b. Between Ten A.M. and Five P.M. Owners and residents (and family members of either) may operate (on the owner's or resident's property) devices, equipment and machines, other than leaf blowers, that do not produce, singly or in combination, a total combined noise level of more than seventy dBA outside of the property plane.

Anyone may perform construction, alteration, demolition or repair pursuant to a valid building or other applicable permit issued by the town so long as the activities do not produce, singly or in combination, a total combined noise level of more than seventy dBA outside of the property plane; provided, however, that the building permit or other applicable permit may contain restrictions beyond those in this section, in which case, such greater restrictions shall control.
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Page 4 of 4 ends

3. Sunday and weekday holiday: no discretionary noise of any kind. (Ord. 664 § 2 (part), 2005: Ord. 567 § 1, 1998; Ord. 561 §§ 2—4, 1997; Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.050 Exceptions.

A. Refuse collection activities shall be permitted as provided in Section 8.12.050 of this code so long as they do not produce a noise level in excess of ninety‐five dBA measured at a distance of twenty‐five feet from the source.

C. Sound performances and special events not exceeding eighty dBA measured at a distance of fifty feet from the source are exempt from this chapter when approval therefortherefore has been obtained from the appropriate governmental entity.

D. Emergencies shall be exempt from this chapter.
(Ord. 664 § 2 (part), 2005: Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.060 Violations.

Violations of any provision of this chapter shall be a misdemeanor except that any violation with respect to the operation of residential power equipment or gas‐ or electric‐powered gardening devices shall be an infraction unless such operation is part of construction, alteration, demolition or repair set forth in Section 8.32.040(B)(1)(a) of this chapter.
(Ord. 664 § 3, 2005; Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.070 Administrative rules.

The city manager may adopt reasonable rules and regulations for the purpose of administering the provisions of this chapter.
(Ord. 538 (part), 1994; Ord. 439 (part), 1987)
-122-

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

CITY COUNCIL MEETING
OCTOBER 9, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: DISCUSSION AND POTENTIAL DIRECTION TO STAFF RELATED TO

EXPANDING THE REVIEW OF THE FUNDRAISING EVENT PERMIT PROCESS AND FEES TO

EXPLORE REGULATING OTHER HIGH IMPACT PRIVATE EVENTS
SUMMARY: At the February 7, 2023 City Council Goal-Setting session, the City Council prioritized review of the fundraising event permit process and fees in FY 2023-24.

Fundraising events are regulated by Hillsborough Municipal Code (HMC) Chapter 5.16 – Fundraising Events, codified in 1999. The purpose of the Fundraising Events chapter of the Municipal Code, as defined in Section 5.16.010 Purpose, is to “regulate the holding of fundraising events so as to avoid or minimize (1) traffic, parking and public safety problems relating to the events; (2) disturbance or inconvenience to the neighbors and the neighborhoods where the fundraising events will take place; and (3) any other adverse consequences to the public health, safety or welfare resulting from holding the events.” Town Policy 407 Fundraising Events, last revised in 2009, also outlines the processing of the application.

The application for fundraising event permit outlines the guidelines per the Hillsborough Municipal Code and specifies the application deadlines, fees and process, based on the size of the event:

Category I: 200 guests (or less), a 1-day event/not more than 4 locations, ($500 Application Fee) Category II: 201+ guests, and/or more than one day with City Council approval at a City Council meeting required and public noticing to neighbors ($500 Application Fee plus $80 Public Notification Fee)
The current fees were established by Resolution No. 99-48 effective January 1, 2000 to cover the staff costs for reviewing and processing the application for the event permit which may include site inspections.

Regardless of the event category, upon receipt of an application, the City Clerk consults with key staff in Central County Fire Department, Police Department, and Building & Planning Department for review of the event application for their conditions and recommendations for approval of the event. Following that review, the application is either approved or denied by Town staff if a Category I event, or placed on a City Council meeting agenda for City Council consideration if a Category II event.

As staff began the review the fundraising event permit process and appropriateness of fees as compared to actual staff time spent on review of the applications in preparation to present the City Council with an overview and recommendation(s) at an upcoming meeting, it was suggested that -123-
Agenda Staff Report - Hillsborough City Council
October 09, 2023

Page 2 ends

the Town may want to consider regulating other events that may have a high impact on the community, similar to the rationale noted in Section 5.16.010 of the Hillsborough Municipal Code.

This item is on the agenda for City Council discussion and potential direction to staff to explore options for regulating high impact private events in the Town. Staff will need to research any proposed regulations to ensure legal compliance and undertake a comprehensive review of the Municipal Code and the staff resources required for implementation and enforcement.

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

ENVIRONMENTAL ISSUES: There are no environmental issues associated with this agenda item.

ATTACHMENTS:

1. Hillsborough Municipal Code Chapter 5.16

2. Application for Fundraising Event Permit Procedure/Guidelines

3. Town Policy 407 Fundraising Events
PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Discuss and potentially provide direction to staff related to the impacts of large-scale private events on the community.
-124-
A.

Chapter 5.16 - FUNDRAISING EVENTS*
Sections:

5.16.010 - Purpose.

The purpose of this chapter is to regulate the holding of fundraising events so as to avoid or minimize (1) traffic, parking and public safety problems relating to the events; (2) disturbance or inconvenience to the neighbors and the neighborhoods where the fundraising events will take place; and (3) any other adverse consequences to the public health, safety or welfare resulting from holding the events. (Ord. 603 § 1 (part), 1999)

5.16.020 - Definitions.

An "event" is an activity sponsored by one or more organizations, individuals, or other entities, held on one or more days at one or more locations within the town of Hillsborough to which the general public or more than thirty individuals are invited (except that in the case of an activity within the town sponsored by a public or private elementary, middle, or high school located within the town "seventy-five" shall be substituted for "thirty" in the above definition). "Fundraising" means raising funds (1) for the benefit of an organization or entity with tax exempt status under section 501(c)(3), (4), or (5) of the Internal Revenue Code, or successor section, (2) for the benefit of any public or private school or any private club having an established, nonresidential location in town, or (3) for a candidate for public office, for a political party or other political organization, or to support or oppose a ballot measure. "Political fundraising" means the fundraising described in subsection B(3) of this section.

Notwithstanding subsection B of this section, a "fundraising event" shall not include fundraisers held by a public or private school on the school's own grounds that are primarily aimed at and for the most part involve only the school's own community (e.g., the school's students and the students' family members, the school's teachers and other staff). Examples of the kinds of events intended to be excluded by this subsection from the permit requirements of this chapter are bake sales, pancake breakfasts, canned goods drives, toy collections, hot lunches, book fairs, school dances, script sales, jog-a-thons, theatrical events (plays, concerts, dances, choral performances), T-shirt sales, collections for national and international relief efforts, sales of produce raised on school grounds, and computer fairs.

The key elements of the fundraisers intended to be excluded by this subsection from the permit requirements of this chapter are that the fundraisers have little or no impact on parking and traffic outside of the school grounds and are generally integrated into the day-to-day school schedule and are -125-
ATTACHMENT 1
A.

A.
generally part of the traditional school experience.

The fundraisers excluded by this subsection from the permit requirements of this chapter contrast with major fundraisers designed to attract the attendance of significant numbers of the public at large, i.e., outside the school's own community, instead of or in addition to attendance by family members of school students, and raise substantial funds for the school. Such major fundraisers typically are organized and conducted by adults and not by the students themselves and are not part of the day-today school schedule and experience. Such major fundraisers are subject to the permit requirements of this chapter.
(Ord. 603 § 1 (part), 1999)

5.16.030 - Permit required.

Subject to the provisions of subsection B of this section, it is unlawful for any person, organization, society, association, corporation, or any agent or representative thereof, (hereafter "applicant") to hold a fundraising event in any residence, private school, private club, or public building or place, including, without limitation, public streets or rights-of-way in the town, (but not including public school grounds) unless the applicant has first obtained a permit for such event under this chapter.

Notwithstanding subsection A of this section, except for the requirement to pay for the services provided by the Hillsborough police department and Central County Fire, as set forth in Sections

5.16.040(C) and (D) of this chapter, and to provide the information described in Section

5.16.040(E) of this chapter, as applicable to the particular event, to the Hillsborough police department and Central County Fire, this chapter shall not apply to any fundraising event involving the services of the United States Secret Service or the services of counterpart federal, state or local law enforcement agencies providing security services to elected officials or foreign dignitaries.
(Ord. 661 § 9 (part), 2005; Ord. 603 § 1 (part), 1999)

5.16.040 - Application for permit.

Any applicant seeking a permit under Section 5.16.030 of this chapter shall file with the city clerk a written application, under oath, on the standard form prescribed and furnished by the town, by the following deadline as applicable:

Category Description Application Deadline
-126-
B.

I One day event at a maximum
of four locations, 200 or
fewer guests per location
(but at least 31 guests total—
or at least 76 guests total if
school event as described
above—in all locations)
45 days prior to event
II Any fundraising event not
described in category I (with
at least 31 guests total—or at
least 76 guests total if school
event as described above)
70 days prior to event
The city manager may for good cause reduce the number of days in the deadline for a given application, provided that, in the city manager's opinion, a reasonable time is allowed to make necessary studies, reports, and give adequate notice, if required.

The application shall be accompanied by a fee in an amount set from time to time by resolution of the city council and determined by the city council to be a reasonable fee for covering the town's costs associated with the event, including, but not limited to, the costs of processing the application and giving the required notice, if any.

If the fundraising event involves the installation of one or more tents, the applicant shall be responsible for paying the town the required tent permit fees and standby firefighter fees, if applicable, in accordance with the town's fee schedule and the Uniform Fire Code.

In the case of any fundraising event described in Section 5.16.030(A) or (B) of this chapter, the owner of the property (or renter or lessee of the property, if the owner is not the resident) at which the fundraising event will be held shall pay the town a fee for the town's costs of providing police personnel and police services in connection with the fundraising event. The town's police department shall determine the specific services and personnel reasonably needed for security, traffic control, crowd control and related purposes for the fundraising event. The applicable fees shall be set forth from time to time by resolution of the city council and shall be paid prior to the issuance of the permit, in the case of a fundraising event described in Section 5.16.030(A) of this chapter, or at least three working days prior to the date of the fundraising event, in the case of a fundraising event described in Section 5.16.030(B) of this chapter. -127-
E.

1. 2.

3. 4.

5. 6.

Among the information to be provided on the application shall be the following:

The names, addresses and telephone numbers of (a) the organization(s) and person(s) conducting the fundraising event, (b) the officers of the organization(s), (c) the person(s) specifically responsible for the event, and (d) emergency telephone numbers and cell phone or pager numbers of persons to be contacted in case of emergency; Whether the applicant is an organization or entity with tax-exempt status under Section 501(c) (3), (4) or (5) of the Internal Revenue Code, or successor section; The purpose or object of the fundraising event and the name(s) of any person, organization or entity benefiting from the event;
The location(s), date(s) and time during each day when the event is to be conducted, giving the beginning and ending dates, including, where applicable, the street address(es) of the residence(s) to be used for the event with the name(s) of the owner(s) of the property(ies) and, if any residence is leased, the name(s) of the lessee(s); Number of guests expected per location per day; arrangements as to ticket sales, parking, transportation, traffic, tents (including how many tents and from which tent company), food and music; floor plan or layout of the house, tent(s), garden, grounds, etc., as applicable, where the event will be held (with dimensions in square feet and indicating all exits in addition to the other layout features); and related matters. (Tents will require an inspection by the Central County Fire and the obtaining of a building permit and possibly an electrical and/or mechanical permit, as applicable. A traffic permit (at no additional cost) from the Hillsborough police department is also required);
With respect to events described in Section 5.16.030(A) or (B) of this chapter, if the services of the Hillsborough police department for security, traffic and crowd control, and/or related purposes will be utilized, the number of mailings to be sent out, the expected response rate to such mailings, the names of any Hollywood or other celebrities who will be in attendance and whether their attendance will be advertised or otherwise made known to the general public, the names of any other persons known to the general public who will be in attendance and whether their attendance will be advertised or otherwise made known to the general public, and any other information which the applicant believes would be helpful to the town in assessing (a) the nature of the expected attendees, (b) the potential public interest in the expected attendees, (c) the potential for uninvited members of the public coming to or near the location of the fundraising event, and (d) the level and nature of police services that will be needed for security, traffic and crowd control, and related purposes. (If disclosure on the application of the names of celebrities or other persons known to the general public who may -128-

7. 8.

1. 2.

3. a.
b.
c.
d.

4. 5.

6. be attending would potentially create problems as to security, crowd control, etc., the applicant may indicate on the application that the names will be provided directly to the city clerk in lieu of being included on the application);
The time and acts required to ready the residence(s) and other location(s) for the event and the time and acts required following the event to restore the regular use of the residence(s) and other location(s);
Such other information as may be deemed necessary by the town relative to the event for purposes of managing traffic, parking, public health or safety, and/or disturbance or inconvenience to neighbors and the neighborhood.

If the applicant wishes to erect one or more signs advertising the fundraising event, the following requirements shall apply:

The applicant shall complete the event sign portion of the fundraising event permit application and submit the event sign filing fee, where applicable, in the amount set from time to time by resolution of the city council.

Fundraising event signs that have been previously approved by the city council in connection with a prior holding of the same fundraising event may be used for subsequent holdings of the same event without further approval or fee payment. The applicant shall indicate on the fundraising event permit application that the sign in question is the exact same sign (either the actual sign or a virtually exact replica) that was previously approved for the event by the city council.

Fundraising event signs not previously approved by the city council shall not be posted until such approval has been granted. The applicant shall provide the following information on the fundraising event permit application with respect to the proposed sign(s):

Location(s) where sign(s) to be posted;
Dimensions, colors and materials;
Copy of the proposed sign(s);
Where applicable, written permission from the home owner or, if the home owner is not the occupant, from the occupant, authorizing the placement of the fundraising event sign on such person's residential property.

The restrictions as to dimensions and coloring set forth in Section 10.80.030 of this code shall not apply to fundraising event signs.

The city council may approve, reject or modify the applicant's request based on the effect on the public safety and welfare.

Approved fundraising event signs may be put up no sooner than three weeks before the event begins and shall be taken down no later than one week after the event ends. -129-
A.

B.
(Ord. 661 § 9 (part), 2005; Ord. 639 § 3, 2003; Ord. 603 § 1 (part), 1999)

5.16.050 - Misstatements, deception or fraud.

No person, organization, or other entity shall make or perpetuate any misstatement, deception or fraud in connection with any application made under this chapter. (Ord. 603 § 1 (part), 1999)

5.16.060 - Application open to public inspection.

Once filed, the application, together with the reports subsequently obtained under Section 5.16.080, shall become and remain a public record open to the inspection of all persons. (Ord. 603 § 1 (part), 1999)

5.16.070 - Authority to verify information.

The city manager or the city manager's designee shall have the power and authority to verify the information in the application and, as specifically authorized on a case by case basis by the city council (or by the mayor or, in the mayor's absence and if it is not practical to wait for the next meeting of the city council, by the vice-mayor), to have access to and make copies of all pertinent books, records, and papers of the applicant relevant to the information required in the application. (Ord. 603 § 1 (part), 1999)

5.16.080 - Processing of application.

Upon receipt of the application, the city clerk shall review it for sufficiency and shall obtain, as necessary, reports from the Central County Fire, police and building departments as to the parking, traffic, public safety and related impacts that the event will create. If, based upon these reports and upon town staff's verification, as deemed necessary, of the information contained in the application, the city manager or the manager's designee determines that holding such event is not incompatible with the public health, safety and welfare of the town and its residents and property owners and would not unreasonably affect nearby neighbors' ability to enjoy their own property (such determination to include a reasonable balancing of the applicant's needs and interests and the neighbors' needs and interests), the city manager or the manager's designee shall act on such application as follows:

If a Category I event, issue a permit, subject to such conditions, if any, as deemed necessary to meet the purposes set forth in Section 5.16.010 of this chapter; -130-
A.

If a Category II event, set the application for approval by the city council at the next regular meeting whose date allows time for a type A notice to be given pursuant to Chapter 1.20 of this code. At the meeting, the city council shall consider any objections to the application and shall grant or deny the application or grant it with conditions, as consistent with the purposes set forth in Section 5.16.010 of this chapter. (Ord. 661 § 9 (part), 2005; Ord. 603 § 1 (part), 1999)
(Ord. No. 733, § 1, 3-14-2016)

5.16.090 - Appeal or request for reconsideration.

Any decision of the city manager or his designee to issue or not issue a permit, to impose or not impose a condition relative to the permit, or to suspend or revoke or not suspend or revoke a permit under this chapter may be appealed to the city council by the applicant or by any other person, organization, or entity affected by the decision.

Any decision by the city manager or his designee not to set for approval before the city council an application for a Category II event may be appealed to the city council by the applicant.

Any decision of the city council made under this chapter may be appealed by the filing by the applicant (or by any other person, organization or entity affected by the decision) of a request for reconsideration by the city council.

Any such appeal or request for reconsideration shall be made in writing and filed with the city clerk within ten days after the particular decision was made. The city clerk shall set the matter for hearing by the city council at the next regular council meeting at which the matter can be placed on the agenda in conformance with the time requirements of applicable law and as necessary to allow sufficient time for staff reports and recommendations to be prepared.

The city council's decision as to any such appeal or request for reconsideration shall be final. Any decision by the city council for which a timely appeal or request for reconsideration is not made shall be final upon the expiration of the deadline for filing an appeal or request for reconsideration.
(Ord. 603 § 1 (part), 1999)
(Ord. No. 733, § 2, 3-14-2016)

5.16.100 - Factors in council decision.

In making any decision under this chapter, the city council shall consider the public health, safety, and welfare of the residents and property owners of the town, including, but, not limited to, whether the event applied for will unreasonably and adversely affect nearby neighbors' use of their property. The city council shall also consider the applicant's needs and interests and shall strive to achieve a reasonable balance among these various factors.
-131-
(Ord. 603 § 1 (part), 1999)

5.16.110 - Suspension or revocation of permit.

Upon the filing of a written complaint with the city manager, or upon the city manager's own initiative, if it is found that any applicant has misrepresented any fact or made any untrue statement in connection with the application for a permit under this chapter or is violating any condition of the permit, the city manager may suspend or revoke the permit.
(Ord. 603 § 1 (part), 1999)

5.16.120 - No other event to raise funds allowed.

Except as allowed under this chapter or elsewhere in this code or as otherwise allowed by law, no event to raise funds shall be conducted within the town.
(Ord. 603 § 1 (part), 1999)

5.16.130 - Violation a misdemeanor.

Violation of any provision of this chapter or of any permit issued under this chapter shall be a misdemeanor.
(Ord. 603 § 1 (part), 1999)
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2/2/2022
Town of Hillsborough
Application for Fundraising Event Permit
Procedure/Guidelines
A completed application must be submitted to the City Clerk’s office for review at 1600 Floribunda Avenue, Hillsborough, CA 94010. The completed application must be submitted a minimum of 70 days prior to the date of the City Council meeting for events of 201 or more guests, and/or more than one day. Applications consisting of 200 guests or less, a one-day event, and not more than four locations must be submitted 45 days prior to the event. For questions, please call 650-375-7412 or email [email protected].

A complete application will include the following:
(Please check off each completed item.)
 Completed application form
 Standard Hold Harmless Agreement
 Insurance Certificate
 Sign Advertising Fee $175 (if applicable)
 Parking/transportation and traffic plan indicating the location of parking and the proposed shuttle transportation route (if applicable), and written permission from the property owner for proposed parking on private property
 $500 Application Fee: Category I – 200 Guests (or less), a 1-day event/not more than 4 locations, or
 $580 Application Fee: Category II – 201+ Guests, and/or more than one day (City Council approval at a City Council meeting required)
If applicable, the fundraising event permit application will be scheduled for the City Council to consider approval of the application. City Council meetings are held on the second Monday of each month. Notices are mailed to property owners located within a 500’ radius of the property where the event is to be held.

The number of events permitted in Town is limited due to the inconvenience imposed on the neighborhood and safety concerns of the Police, Fire and Building Official.

The length of an event is limited based on the location, traffic, neighborhood concerns and staff recommendations. Day parking is discouraged along Skyline Boulevard, and night parking (after sundown) is prohibited.

It is the obligation of the applicant to control the occupant load in the home during the event based on the maximum allowable per day as determined by the Fire Department and Building Department, or the event may be shut down.
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ATTACHMENT 2
2 2/2/2022
Town of Hillsborough
Application for Fundraising Event Permit
Soliciting contributions for charitable purposes pursuant to the provisions of Chapter 5.16 of the Hillsborough Municipal Code.

Date Received: Application No. Category I or II:

City Council Approval Not Required  City Council Approval Required  Please Type or Print Clearly
Organization’s Name
Address City State Zip
Applicant’s Name
Address City State Zip
Email Address:

Day Phone Number: Alternate Phone Number:

Description of Event:

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

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

Monday Saturday
Tuesday Sunday
Wednesday
Thursday
Friday
-134-
3 2/2/2022
Information about the Event
Please complete this form (if not applicable, mark N/A) Total number of guests expected (during the entire event):

Average number of guests expected per day:

Projected busiest time of day:

Projected busiest day of week:

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

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

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

Vice President:

Secretary:

Treasurer:

Other:
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Information about the Event (Continued)
Please complete this form (if not applicable, mark N/A) In case of an emergency, the Police and Fire Department require a 24-hour phone number where a responsible person for the event can be reached
Key contact person for the Event:

Name 24 Hour Phone
Address City State Zip
Email
Back-up contact person for the Event:

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

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

Area(s) of solicitation:

What is the purpose / object of the event?
Will items or services be sold during the event?
List name(s) of any person or firms who will directly or indirectly benefit from the event, other than the applicant of the event: _
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Town of Hillsborough
Sign Advertising for Fundraising Events
If an applicant wishes to place one or more signs advertising the fundraising event in Town, the following requirements shall apply:

1. The applicant shall complete the event sign portion of the fundraising event permit application and submit the event sign filing fee, where applicable, in the amount of $175.

2. Fundraising event signs that have been previously approved by the City Council in connection with a prior holding of the same fundraising event may be used for subsequent holdings of the same event without further approval or fee payment. The applicant shall indicate on the fundraising event permit application that the sign in question is the exact same sign (either the actual sign or a virtually exact replica) that was previously approved for the event by the City Council.

3. Fundraising event signs not previously approved by the City Council shall not be posted until such approval has been granted. The applicant shall provide the following information on the fundraising event permit application with respect to the proposed sign(s):
a. Location(s) where sign(s) to be posted;
b. Dimensions, colors, and materials;
c. Copy of the proposed sign(s);
d. Where applicable, written permission from the homeowner or, if the homeowner is not the occupant, from the occupant, authorizing the placement of the fundraising event sign on such person’s residential property.

4. Only two banners will be allowed at any one time at the Town designated banner locations. The locations are as follows:
a. Walnut Avenue parking lot on Floribunda Avenue
b. Golf Course Drive/Black Mountain Road
c. Skyline Boulevard/Summit Drive

5. Banners must be 6 feet wide by 3 feet high.

6. The City Council may approve, reject, or modify the applicant’s request based on the effect on public safety and welfare.

7. Approved 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.

Sign Previously Approved  New Application  Fee Required  Preferred Location(s): 1)
2)
3)
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6 2/2/2022
Town of Hillsborough
Acknowledgement of Guidelines
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

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

Print Name:

Title:

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

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

Applicant:

Signature: Date:

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

P ERSONNEL P OLICY
POLICY 407 LAST REVISED 2/9/09
SUBJECT: FUNDRAISING EVENTS
PURPOSE: To outline the process for making an application to hold fundraising events.

STATEMENT OF POLICY:

On a case-by-case basis, the City Council will approve certain applications for permits by charitable organizations to hold fundraising events. Applications for permits can be obtained at Town Hall, 1600 Floribunda Avenue, and a nonrefundable application fee may be required. Applications must be received at least 70 days prior to the City Council meeting.

Each application shall be reviewed by staff in the Building, Fire and Police departments in order to ensure that the event would not have unacceptable adverse impacts on residents. Staff will make recommendations to ensure the health, safety and welfare of residents and event participants.

Property owners within a 500 foot radius of the fundraising event property shall be provided with advance notice of the event, and the opportunity to express any concerns about the event.

After staff has evaluated the application, staff will present the recommendation to the City Council, which will approve or deny the application. The City Council's decision is final and cannot be appealed.

Event organizers are responsible for meeting any special requirements recommended by the Building, Fire and Police departments, such as posting "No Parking" notices. If the organization fails to meet the requirements, or if the event creates a nuisance, Town staff may shut down the event.

No event may feature more than 4 locations.

POLICY 407 1 FUNDRAISING EVENTS
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ATTACHMENT 3

Hillsborough City CouncilOctober 9, 2023

Hillsborough City Council
October 9, 2023