Agenda — Hillsborough City Council, January 8, 2024

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

A G E N D A
MONDAY, JANUARY 8, 2024
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:
• Log in to the meeting at https://us06web.zoom.us/j/88966585965?pwd=oNt3ENRmrQX8gL7PMlSbHA7AGCDbl2.1 • Dial-in via phone:
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Meeting ID: 889 6658 5965
Passcode: 271524
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 pm)
Agenda – Hillsborough City Council
Monday, January 8, 2024

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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.

PUBLIC COMMENT ON CLOSED SESSION ITEM
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.

CLOSED SESSION ITEM
A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: City Manager Doug Davis
Unrepresented employees: Accountant, Assistant City Manager, Assistant Director of Building & Planning, Assistant Director of Finance, Assistant Engineer, Assistant Planner, Associate Civil Engineer, Associate Planner, Budget Analyst, Building Official, Chief Building Official, Chief of Police, City Clerk, Communications Manager, Deputy Director of Public Works, Director of Building and Planning, Director of Finance, Director of Public Works-City Engineer, GIS Coordinator, GIS Technician, Human Resources Manager, Management Analyst, Management Assistant, Planning Manager, Police Captain, Police Lieutenant, Public Works Superintendent, Senior Accountant, Senior Civil Engineer, Senior Management Analyst, Senior Planner

ADJOURN CLOSED SESSION
REGULAR CITY COUNCIL MEETING (6:00 pm)
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. PRESENTATIONS
• HIP HOUSING UPDATE AND PRESENTATION OF 2024 CALENDAR
• YOUTH COMMISSION UPDATE
• MAYOR'S APPLAUSE
Agenda – Hillsborough City Council
Monday, January 8, 2024

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

Members of the public 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 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.

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

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

1. APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2023

2. MONTHLY CLAIMS: DECEMBER 1 THROUGH DECEMBER 31, 2023 PURSUANT TO CEQA GUIDELINE 15378

3. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2023 PURSUANT TO CEQA GUIDELINE 15378

4. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE

HILLSBOROUGH POLICE OFFICERS ASSOCIATION UNIT PURSUANT TO CEQA GUIDELINE 15378

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

6. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR
UNREPRESENTED EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378

7. RESOLUTION ADOPTING THE 2024 SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378

8. RESOLUTION ADOPTING THE TOWN OF HILLSBOROUGH 2024
LEGISLATIVE PLATFORM PURSUANT TO CEQA GUIDELINE 15378 (CONTINUED FROM DECEMBER 11, 2023)

9. APPROVAL OF A NEW SIGN FOR THE HILLSBOROUGH SCHOOLS FOUNDATION

ANNUAL DINNER DANCE FUNDRAISING EVENT PURSUANT TO CEQA GUIDELINE 15378
Agenda – Hillsborough City Council
Monday, January 8, 2024

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10. RESOLUTION APPROVING AND ADOPTING THE AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 AND CEQA GUIDELINE 15378

11. INTRODUCTION OF AN ORDINANCE AMENDING TITLE 6 OF THE HILLSBOROUGH

MUNICIPAL CODE TO ADOPT BY REFERENCE THE ANIMAL CONTROL ORDINANCE OF SAN MATEO COUNTY, CONSISTING OF CHAPTER 6.04 OF TITLE 6 OF THE CODE OF ORDINANCES OF THE COUNTY OF SAN MATEO, CALIFORNIA

AND TO MAKE OTHER CLARIFYING UPDATES, PURSUANT TO CEQA GUIDELINES 15378 AND 15061

12. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH SCHAAF & WHEELER FOR THE 2024 SANITARY SEWER LIFT STATION UPGRADE – CORPORATION YARD UPGRADE PROJECT IN THE AMOUNT OF $170,790.00 PURSUANT TO CEQA GUIDELINE 15301

13. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH D’ARCY & HARTY CONSTRUCTION, INC. FOR THE ROBINWOOD LANE SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT IN THE AMOUNT OF $191,238.75 PURSUANT TO CEQA GUIDELINE 15301

14. RESOLUTION APPROVING THE PURCHASE OF NEW MEN’S, WOMEN’S AND

EVIDENCE LOCKERS FOR THE HILLSBOROUGH POLICE DEPARTMENT BUILDING IN THE AMOUNT OF $131,673.74 AND APPROVING A FISCAL YEAR 2023-24

BUDGET AMENDMENT IN THE GENERAL FUND IN THE AMOUNT OF
$131,673.74 PURSUANT TO GUIDELINES 15301 AND 15378
IX. OLD BUSINESS

15. ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 17.04, 17.12, AND 17.16 OF

THE HILLSBOROUGH MUNICIPAL CODE RELATING TO ZONING AND USES

PERMITTED AND REZONING TWO TOWN OWNED PROPERTIES, PURSUANT TO THE TOWN’S HOUSING ELEMENT UPDATE (2023-2031)
X. DISCUSSION

16. 2024 COUNCILMEMBER REPRESENTATIVES TO TOWN AND REGIONAL

ASSIGNMENTS
XI. INFORMATIONAL

17. INFORMATIONAL UPDATE ON AGE-FRIENDLY CITY CERTIFICATION XII. PUBLIC COMMENT II
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

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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.

XIII. TOWN UPDATE
This portion of the meeting is for the City Manager to provide brief highlights of current items of interest in the Town.

XIV. 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.

XV. ADJOURNMENT
SPECIAL ACCOMMODATIONS:

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

ADDRESSING THE CITY COUNCIL:

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

AUDIO / VISUAL ADVISORY:

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

AUDIO OR VIDEO RECORDINGS:

Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2023 -1-

UNAPPROVED MINUTES
MONDAY, AUGUST 14, 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. 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.

CLOSED SESSION

CALL TO ORDER
Mayor Krolik called the meeting to order at 5:00 p.m.

ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik

ANNOUNCEMENT OF CONFLICT OF INTEREST
Councilmember Chuang announced that she would recuse herself from participation in Closed Session Item A as the parties involved are her neighbors.

CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Stroud v. Town of Hillsborough, Field, et al.

San Mateo County Superior Court Case No. 23CLJ01914
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant – One Potential Case (see legal threat document in agenda packet)

PUBLIC COMMENT
There were no speakers.

ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:33 p.m.

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

II. ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik
III. PLEDGE OF ALLEGIANCE
Mayor Krolik led the Pledge of Allegiance.
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Monday, August 14, 2023

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IV. REPORT FROM CLOSED SESSION
City Attorney Diaz reported that the City Council discussed two items in Closed Session, provided direction to staff, and there was no reportable action.

V. MINUTES: Special Meetings of January 30, 2023, February 7, 2023 and March 21, 2023 and Regular Meetings of March 13, 2023 and April 10, 2023
City Clerk Natusch reported a correction to the special meeting minutes of January 30, 2023 to correct a typo at the top of page 5 and a correction to the special meeting minutes of March 21, 2023 to accurately reflect Councilmember Chuang’s absence from the meeting.

On motion by Councilmember Royse, seconded by Councilmember Chuang and unanimous on voice vote, the minutes of the special Meetings of January 30, 2023 and March 21, 2023 were approved as amended and the minutes of the special meeting of February 7, 2023 and regular meetings of March 13, 2023 and April 10, 2023 were approved as submitted.

VI. RECOGNITION
• RECOGNITION OF FIRE MARSHAL CHRISTINE REED ON HER RETIREMENT Vice Mayor Cole read a proclamation in recognition of Fire Marshal Christine Reed on her retirement. Councilmembers provided comments. Fire Marshal Reed provided comments.

VII. PRESENTATIONS
• BURLINGAME-HILLSBOROUGH YOUTH POET LAUREATE LAUREN LIN Jenny Miner, Teen Librarian, Burlingame Public Library, introduced BurlingameHillsborough Youth Poet Laureate Lauren Lin. Lin provided comments regarding the Youth Poet Laureate program and read her poem, “The Party Poem.” Councilmembers provided comments.
• MAYOR'S APPLAUSE
Mayor Krolik invited Councilmember Chuang to introduce Cooper Wong and Will Robbins in recognition of their “Turn 2” baseball equipment drives and coaching services project. Councilmembers provided comments. Wong and Robbins provided brief comments.

Mayor Krolik recognized Finance Director Jan Cooke and the Finance Department for their receipt of the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting and their recent work to unwind the Town’s SWAPs. Councilmembers provided comments. Finance Director Jan Cooke provided brief comments.

VIII. PUBLIC COMMENT I
Greg Madding, Floribunda Avenue, expressed concerns regarding hackathon activities and the number of tenants living at a home referred to as the “AGI House” on Floribunda Avenue which he believes are violations of the Hillsborough Municipal Code.

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

X. CONSENT CALENDAR
Councilmember Royse requested to remove Item 7 from the Consent Calendar for clarifying questions on Item 7 through Item 15.

Vice Mayor Cole requested to remove Item 7 and Item 9 from the Consent Calendar. -3-
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Councilmember Ragsdale requested to remove Item 2 from the Consent Calendar.

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

Mayor Krolik requested to proceed with handling the questions on the pulled items.

City Clerk Lisa Natusch responded to questions regarding Item 2.

Senior Civil Engineer Natalie Gribben responded to questions regarding the services provided by consultants in Items 7 through 15.

Following staff responses to Councilmember questions, on motion by Councilmember Chuang, seconded by Councilmember Royse and unanimous on voice vote, the Consent Calendar was approved.

1. MONTHLY CLAIMS: JULY 1 THROUGH JULY 31, 2023 PURSUANT TO CEQA GUIDELINE 15378
The monthly claims for July 1 through July 31, 2023 were approved as submitted.

2. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 23-07 FOR THE

HILLSBOROUGH SCHOOLS FOUNDATION HILLSBOROUGH CLASSIC EVENT PURSUANT TO CEQA GUIDELINES 15378 AND 15301
The Fundraising Event Permit Application 23-07 for the Hillsborough Schools Foundation Hillsborough Classic Event was approved.

3. RESOLUTION ACCEPTING THE GRANT OF A TEN-FOOT-WIDE INGRESS AND EGRESS EASEMENT AT 440 PINEHILL ROAD PURSUANT TO CEQA GUIDELINE 15301
The resolution accepting the grant of a ten-foot-wide ingress and egress easement at 440 Pinehill Road was adopted.

4. RESOLUTION RATIFYING THE EMERGENCY CONTRACT WITH FARALLON COMPANY FOR EMERGENCY RETAINING WALL WORK AT 2095 RALSTON AVENUE IN THE AMOUNT OF $215,450.00 PLUS A 10% CONTINGENCY IN THE AMOUNT OF $21,545.00, FOR A TOTAL PROJECT COST OF $236,995.00 PURSUANT TO CEQA GUIDELINE 15301
The resolution ratifying the emergency resolution ratifying the emergency contract with Farallon Company for emergency retaining wall work at 2095 Ralston Avenue in the amount of $215,450.00 plus a 10% contingency in the amount of $21,545.00, for a total project cost of $236,995.00 was adopted.

5. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HALEY & ALDRICH, INC. FOR PROFESSIONAL SERVICES

TO PROVIDE THE GEOTECHNICAL AND ENGINEERING DESIGN SERVICES FOR THE MACADAMIA ACCESS ROAD REPAIR IN THE AMOUNT OF $68,394.00 PURSUANT TO CEQA GUIDELINE 15301
The resolution approving and authorizing the City Manager to execute an agreement with Haley & Aldrich, Inc. for professional services to provide the Geotechnical and Engineering Design Services for the Macadamia Access Road Repair in the amount of $68,394.00 was adopted.

6. RESOLUTION APPROVING THE PURCHASE OF THREE PUBLIC WORKS ELECTRIC VEHICLES AT $59,514.41 EACH FOR A GRAND TOTAL OF $178,543.23 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving the purchase of three Public Works electric vehicles at $59,514.41 each for a grand total of $178,543.23 was adopted. -4-
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7. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH CSG CONSULTANTS, INC. FOR AS-NEEDED

MUNICIPAL ENGINEERING AND PROJECT MANAGEMENT SERVICES IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $800,000 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving and authorizing the City Manager to execute a two-year agreement with CSG Consultants, Inc. for as-needed municipal engineering and project management services in an annual not-to-exceed amount of $800,000 was adopted.

8. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH EKI ENVIRONMENT & WATER, INC. FOR ASNEEDED GENERAL ENGINEERING SERVICES IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $250,000 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving and authorizing the City Manager to execute a two-year agreement with Eki Environment & Water, Inc. for as-needed general engineering services in an annual not-to-exceed amount of $250,000 was adopted.

9. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH CSG CONSULTANTS, INC. FOR AS-NEEDED

GENERAL ENGINEERING SERVICES IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $200,000 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving and authorizing the City Manager to execute a two-year agreement with CSG Consultants, Inc. for as-needed general engineering services in an annual not-to-exceed amount of $200,000 was adopted.

10. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH PAKPOUR CONSULTING GROUP, INC. FOR ASNEEDED GENERAL ENGINEERING SERVICES IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $200,000 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving and authorizing the City Manager to execute a two-year agreement with Pakpour Consulting Group, Inc. for as-needed general engineering services in an annual not-to-exceed amount of $200,000 was adopted.

11. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH FREYER & LAURETA, INC. FOR AS-NEEDED

GENERAL ENGINEERING SERVICES IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $90,000 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving and authorizing the City Manager to execute a two-year agreement with Freyer & Laureta, Inc. for as-needed general engineering services in an annual not-to-exceed amount of $90,000 was adopted.

12. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

A TWO-YEAR AGREEMENT WITH NINYO & MOORE GEOTECHNICAL AND

ENVIRONMENTAL SCIENCES CONSULTANTS FOR AS-NEEDED GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES IN AN ANNUAL NOT-TOEXCEED AMOUNT OF $90,000 PURSUANT TO CEQA GUIDELINE 15378 The resolution approving and authorizing the City Manager to execute a two-year agreement with Ninyo & Moore Geotechnical and Environmental Sciences Consultants for as-needed geotechnical engineering and material testing services in an annual notto-exceed amount of $90,000 was adopted.

13. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH WRA, INC. FOR AS-NEEDED ENVIRONMENTAL SERVICES IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $50,000 PURSUANT TO CEQA GUIDELINE 15378
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The resolution approving and authorizing the City Manager to execute a two-year agreement with WRA, Inc. for as-needed environmental services in an annual not-toexceed amount of $50,000 was adopted.

14. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH CONSOLIDATED CM, INC. FOR AS-NEEDED PROJECT MANAGEMENT AND INSPECTION SERVICES IN AN ANNUAL NOT-TOEXCEED AMOUNT OF $50,000 PURSUANT TO CEQA GUIDELINE 15378 The resolution approving and authorizing the City Manager to execute a two-year agreement with Consolidated CM, Inc. for as-needed project management and inspection services in an annual not-to-exceed Amount of $50,000 was adopted.

15. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH R.E.Y. ENGINEERS, INC. FOR AS-NEEDED SURVEYING SERVICES IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $15,000 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving and authorizing the City Manager to execute a two-year agreement with R.E.Y. Engineers, Inc. for as-needed surveying services in an annual not-to-exceed amount of $15,000 was adopted.

16. REVIEW AND APPROVE THE TOWN’S RESPONSE TO THE SAN MATEO COUNTY GRAND JURY REPORT, “ACCESSORY DWELLING UNITS: AFFORDABLE HOUSING’S PANACEA OR PREVARICATION?” PURSUANT TO CEQA GUIDELINE 15378
The Town’s response to the San Mateo County Grand Jury Report, “Accessory Dwelling Units: Affordable Housing’s Panacea or Prevarication?” was approved.

XI. NEW BUSINESS

17. RESOLUTION AUTHORIZING SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY TO ACQUIRE REAL PROPERTY LOCATED AT 1245 SAN CARLOS AVENUE, UNIT E, SAN CARLOS PURSUANT TO CEQA GUIDELINE 15378 Finance Director Jan Cooke provided the staff report and noted revisions to the resolution in the agenda packet to correct the numbers referenced in the seventh “whereas” clause from $2.5 million to $1.4 million and 39% to 25%. Joe La Mariana, Executive Director, SBWMA, provided additional information. SBWMA Board Member Al Royse provided an update on the SBWMA Board discussion regarding the acquisition.

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

On motion by Councilmember Royse, seconded by Councilmember Chuang and unanimous on voice vote, the resolution approving the acquisition of real property located at 1245 San Carlos Avenue, Suite E, San Carlos, California by the South Bayside Waste Management Authority with amendments as presented by staff to revise the numbers in the seventh “whereas” clause in the resolution from $2.5 million to $1.4 million and 39% to 25%, was adopted.

Executive Director La Mariana responded to questions regarding the processing of compost as it relates to SB 1383.

18. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE VOTING DELEGATE(S) TO THE 2023 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 20-22, 2023 PURSUANT TO CEQA GUIDELINE 15378 City Clerk Lisa Natusch provided the staff report.

On motion by Councilmember Royse, seconded by Councilmember Chuang and unanimous on voice vote, Mayor Krolik was selected as Voting Delegate and Vice Mayor -6-
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Cole and Councilmember Ragsdale were selected as alternate voting delegates for the 2023 League of California Cities Annual Conference business meeting on September 22, 2023.

XII. DISCUSSION

19. OVERVIEW OF GAS-POWERED LEAF BLOWER REGULATIONS IN SAN

MATEO COUNTY AND CONSIDERATION OF POTENTIAL DIRECTION TO STAFF ON

ANY MODIFICATIONS TO THE HILLSBOROUGH MUNICIPAL CODE
Senior Management Analyst Mandy Brown provided the staff report.

Mayor Krolik opened public comment.

Dennis Moore spoke in opposition to fining homeowners and in support of enforcement with citations to the violator. Moore spoke in support of banning two-cycle leaf blowers and only permitting four-cycle gas-powered leaf blowers to reduce noise, increase efficiency, and reduce emissions. Moore expressed concerns regarding use of electric leaf blowers, citing lower power, noise lasting longer, and the weight of batteries.

Bill Neidig inquired as to how well battery-operated leaf blowers work.

Aaron Zornes spoke regarding a survey he distributed to residents in which 60 percent of respondents wanted to ban gas-powered leaf blowers, provided information regarding other cities who have taken action to enact a ban, and spoke in support of aggressive enforcement.

Mayor Krolik closed public comment.

Mayor Krolik reopened public comment.

Peter Borocz, Carolands neighborhood, spoke in support of banning gas-powered leaf blowers including education and outreach and requested a carve out for chainsaws if a complete ban of gas-powered equipment is considered.

Laith Salma, Fairway Circle, spoke in support of banning gas-powered leaf blowers.

Mayor Krolik closed public comment.

Following discussion, Mayor Krolik summarized City Council support for modifying the existing regulations to ban gas-powered leaf blowers, adopting modifications by the beginning of 2024 to be effective in July 2024, and direction to staff to schedule a study session for further discussion of a ban of gas-powered leaf blowers and modifications to the Hillsborough Municipal Code.

XIII. PUBLIC COMMENT II
There were no speakers.

XIV. CITY COUNCIL ITEMS
Councilmember Chuang recognized newly appointed Police Chief Nelson Corteway and Police Department staff recognized at the recent badge-pinning and promotional ceremony.

Councilmember Chuang encouraged residents to call 911 if they see anything suspicious and to add the Police Department phone number to their speed dial. In reference to the fires in Maui, Councilmember Chuang encouraged residents to attend the CCFD summer CERT program to help prepare for an emergency and to attend the upcoming Hillsborough Neighborhood Network Neighborfest event.

Councilmember Royse reported his attendance at a meeting of the SFO Airport/Community Roundtable in which a letter was drafted to Congress regarding the reauthorization of the FAA and his attendance at the San Mateo County Mosquito & Vector Control District open house. -7-
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Councilmember Royse provided comments regarding the fires in Maui and the importance of reliable wireless service in an emergency and requested the wireless issue be revisited.

Councilmember Ragsdale provided an update on the Age-Friendly City task force and her attendance at her first meeting of the BAWSCA Board. Councilmember Ragsdale reminded residents that garbage will be spot-checked by RethinkWaste for proper sorting.

Vice Mayor Cole spoke in support of improved wireless service in case of emergencies and requested the wireless issue be revisited.

Councilmember Chuang expressed appreciation to Dr. David Weinberg for his participation at the County of San Mateo Disaster Preparedness Day and spoke in support of emergency preparedness.

Mayor Krolik expressed appreciation to the Public Works Department for the current project to resurface 27 miles of streets and reminded residents that there may be detours during the project. Mayor Krolik reported her attendance at the Council of Cities meeting at CORA in San Mateo and announced the upcoming Hillsborough City School District faculty and staff kickoff at North School.

XV. CITY MANAGER'S UPDATE
City Manager Doug Davis provided an informational update on the Town’s ADU Dashboard and events and activities in the town.

XVI. ADJOURNMENT
Mayor Krolik adjourned the meeting at 8:31 p.m. in honor of newly appointed Police Chief Nelson Corteway and former Police Chief and newly appointed City Manager Doug Davis. -8-

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: DECEMBER 1 THROUGH DECEMBER 31, 2023 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The monthly claims for the month of December 2023 in the amount of $6,141,062.32 are submitted for approval.

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

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

ATTACHMENTS: Monthly Claims Listing
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the monthly claims for December 2023 as submitted. -11-

TOWN OF HILLSBOROUGH

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

Alan Singh
DocuSign Envelope ID: EAF519B2-C882-42E0-8D50-5CD79CD5F7EA -12-

TOWN OF HILLSBOROUGH

SUMMARY OF PURCHASES
DURING THE MONTH OF DECEMBER 2023
GOODS & SERVICES PURCHASED $3,937,098.09
NET SALARIES & TAXES PAID 986,830.61
HEALTH BENEFIT PREMIUMS 179,904.62

BOND PAYMENTS -
CCFD FUNDING 703,368.00
SAN FRANCISCO WATER PAYMENTS 333,861.00
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $6,141,062.32

FINANCE DIRECTOR DATE

CITY MANAGER DATE
DocuSign Envelope ID: EAF519B2-C882-42E0-8D50-5CD79CD5F7EA 1/3/2024
1/3/2024
-13-

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

Operations 1,386,792.80 2,491,190.10 1,880,236.54
Capital 2,550,305.29 596,366.14 866,308.96
Net Salaries & Taxes Paid 986,830.61 939,761.79 916,092.15 Health Benefit Premiums 179,904.62 161,691.93 150,713.75 Bond Payments 0.00 79,213.96 25,697.30
CCFD Funding 703,368.00 654,879.00 602,441.00
San Francisco Water Payments 333,861.00 279,997.59 239,328.81 Total $6,141,062.32 $5,203,100.51 $4,680,818.51
NOTES:

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

Interest on the new bonds is now paid twice a year.

CCFD -
Water -
FY 23/24 spending is lower compared to FY 22/23 spending due to timing of various Capital project spending in December 2023 is primarily for the Street Resurfacing project, Priority Basins I & I Rehab, Eucalyptus Pathway, and the Darrell Tank Improvement project.

In June 2023, the Revenue Refunding Bond Series 2023 was issued to refinance the Town's 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 reoccurring payments, as well as lower deposit refunds. to the SFPUC rate increase, as well as higher units purchased.

DocuSign Envelope ID: EAF519B2-C882-42E0-8D50-5CD79CD5F7EA -14-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2023
CK # VENDOR DESCRIPTION AMOUNT
2519 VINCENT CHU REIMB - TRAVEL EXP FIREARMS CLASS 10/31-11/03 PD 458.02 2520 KARI PECHETTI REIMB - TRAVEL EXP RIMSCON 10/9-10/13 PD 281.24 2521 MEME COLLA REIMB - TRAVEL EXP INTERNAL AFFAIRS 11/1-11/3 PD 43.93 2522 MEME COLLA REIMB - TRAVEL EXP WOMENS CONFERENCE 9/4-9/9 PD 77.75 2523 MEME COLLA REIMB - TRAVEL EXP MANAGMENT CLASS 9/25-9/29 PD 158.56 2524 MEME COLLA REIMB -TRAVEL EXP MANAGMENT CLASS 10/19-10/19 PD 97.00 2525 MEME COLLA REIMB - TRAVEL EXP MANAGMENT CLASS 11/6-11/9 PD 145.03 2526 DAVID YOUNG REIMB - TRAVEL EXP ACADEMY 11/1-13/23 PD 251.52 2527 CHRISTIAN COBAR REIMB - TRAVEL EXP FTO CLASS 11/29-12/03 PD 145.41 2528 DAVID YOUNG REIMB - TRAVEL EXP ACADEMY 12/2023 PD 312.04 2530 VINCENT CHU REIMB - TRAVEL EXP RED DOT CLASS 12/13-12/15 PD 190.21 13698 AIXTEK NOV '23 IT MANAGEMENT SERVICE/MICROSOFT LIC IT 27,667.80 13699 ALL FENCE COMPANY, INC. INSTALL - LATTICE FENCE FN PW 8,935.00 13700 AMAZON WEB SERVICES, INC OCT '23 - BACKUP STORAGE IT 8,359.72 13701 ANN STAR FORMAN FEE - NOTARY SERVICES NOV '23 BP 180.00 13702 AT&T 10/20/23-11/19/23 PD 127.91
13703 AXON ENTERPRISE, INC SOFTWARE - OFFICER SAFETY PLAN BUNDLE PD 64,386.21 13704 BAY AREA AIR QUALITY MGMT. DIS PERMIT RENEWAL FEE - SITE LA HONDA PW 765.00 13705 BAY AREA GEOTECHNICAL GROUP 2023 STREET RESURFACING PRJ MATERIAL TEST PW 11,692.75 13706 BAY AREA WATER SUPPLY & CONSERVE WATER LOSS CONTROL/VARIOUS PROGRAM OCT '23 PW 6,331.42 13707 BAY PRO INSTALL - PLANTS JACKLING/REDINGTON HBF 740.00 13708 BEST BEST & KRIEGER LLP FEE - OCT '23 LEGAL SERVICE 178.50 13709 BIG STATE INDUSTRIAL SUPPLY, INC SUPPLIES - DISINFECTANT SPRAY PW 198.84 13710 BKF ENGINEERS TOBIN CLARK WALKING TRAIL DESIGN PRJ PW 10,727.00 13711 BOSCO OIL COMPANY GAS/DIESEL PW/PD 9,157.11
13712 BRUCE ALLEN CHAN NOV '23 LANDSCAPE ARCHITECT REVIEW BP 160.00 13713 BURNETT LANDSCAPE DEVELOPMENT INC MAINT - OCT/NOV '23 TOWN LANDSCAPE VARIOUS SITES PW 8,340.40 13714 CAL ENGINEERING & GEOLOGY, INC SEWER CIP PRJ GEOTECHNICAL SUPPORT PARROTT 1,062.50 13715 CAL-STEAM, INC. #2504 PARTS - TANKLESS WATER HEATER ADMIN PW 1,779.47 13716 CENTRAL COUNTY FIRE DEPARTMENT DEC '23 FISCAL CONTRIBUTION 703,368.00 13717 CENTRALSQUARE TECHNOLOGIES,LLC SOFTWARE - CRW 2024 ANNUAL MAINTENANCE BP 17,649.15 13718 CITY OF BURLINGAME NOV '23 LIBRARY SERVICES CM 66,381.00 13719 CLARK PEST CONTROL PEST CONTROL - PW 375.00
13720 COMCAST OCT '23 CALNET NONCGEN LINE IT 4,838.20
13721 CORDICO PSYCHOLOGICAL CORPORATION PRE-EMPLOYMENT EVALUATION PD 500.00 13722 CSG CONSULTANTS, INC. CIP ADM SEWER FY23-24 8/26/23-9/29/23 & VARIOUS PRJ 169,998.71 13723 DAILY JOURNAL CORPORATION LEGAL NOTICE 10/27/23 ORDINANCE 780/EIR NOA CL 1,948.25 13724 DEBORAH YACOBELLIS CONSULT - CRW/TRACK IT SEP '23/NOV '23 BP 10,342.50 13725 DEGREE HVAC, INC INSTALL - HVAC FOR ENGINEER/OFFICE ADDITION PW 22,900.00 13726 DEPARTMENT OF JUSTICE OCT'23 FINGERPRINT SERVICE PD 433.00 13727 ERLER & KALINOWSKI, INC SEWER CIP PHASE 1C CM SUPPORT/SANITARY 23A PRJ 14,906.13 13728 FARALLON COMPANY CONSTRUCT - CORP YARD ADMIN OFFICE ADDITION PW 9,729.21 13729 FASTENAL COMPANY SUPPLIES - PERSONNEL PROTECTIVE EQUIP PW 983.20 13730 FASTRAK BRIDGE TOLL 8/4/23 PW 22.00
13731 FERGUSON US HOLDINGS, INC PARTS - VALVE PW 7,134.75 13732 FLOCK GROUP INC EQUIP - FALCON CAMERAS PD 64,500.00 13733 FLOWATER EQUIP - NOV '23 WATER STATION FN 164.06
13734 FREDCO MARKETING PRINT/MAIL - '23 STREET RESURFACING LETTERS PW 2,867.73 13735 FREYER & LAURETA, INC HIGH LINE WATER PRJ DESIGN PW 11,493.85 13736 G. BORTOLOTTO & CO 2023 STREET RESURFACING PRJ PW 837,119.98 13737 GATEWAY PACIFIC CONTRACTORS, INC DARRELL WATER TANK REPLACE PRJ 899,175.00 13738 GRAINGER UNIFORM - JACKET/RAIN BIB OVERALLS PW 1,452.13 13739 GREEN PRO SOLUTIONS SUPPLIES - DEGREASER PW 3,180.00 13740 HACH COMPANY WATER QUALITY SUPPLIES PW 3,461.23
13741 HALEY & ALDRICH, INC MACADAMIA ACCESS ROAD DESIGN PRJ PW 19,981.49 13742 HF&H CONSULTANTS, LLC OCT'23 SOLID WASTE RATE STUDY/WATER UPDATE FN 1,792.50 13743 HOUSEAL LAVIGNE ASSOCIATES,LLC GENERAL PLAN/HOUSING ELEMENT OCT '23 BP 145.00 13744 HYDRANTGUARD LLC PARTS - CHECK VALVES PW 2,595.95 DocuSign Envelope ID: EAF519B2-C882-42E0-8D50-5CD79CD5F7EA -15-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2023
13745 INTERMOUNTAIN ELECTRIC COMPANY INSTALL - PVC CONDUITS TOWN HALL PW 4,451.00 13746 INTERWEST CONSULTING GROUP OCT '23 BUILDING INSPECTOR SERVICES BP 1,000.00 13747 REBECCA BURNSIDE OCT '23 HR SERVICES 16,539.61
13748 K-119 OF CALIFORNIA INC TOOLS - POWER SAW PW 769.07 13749 KELLY MOORE PAINT CO., INC SUPPLIES - PAINT SAMPLE PW 9.97 13750 KEVIN KASHIWAHARA BACKGROUND INVESTIGATION NEW HIRE PD 1,500.00 13751 MAMME INC CATERING - CITY COUNCIL MEETING 10/9/23&11/13/23 CO 328.88 13752 MARK D HUDAK LEGAL SERVICES - OCT 2023 CM 4,076.95 13753 MCA DIRECT LLC SUPPLIES - LEDGER PAPER CL 283.45
13754 OCCUPATIONAL HEALTH CENTERS OF CA EMPLOYEE PHYSICAL STAFF HR 4,466.00 13755 ANNA BECKY REDLICH REFUND - PERMIT FEE VOID BP 4,213.61 13756 ICON UNITED, INC REFUND - LANDSCAPE DEPOSIT BP 955.00 13757 J5 INFRASTRUCTURE PARTNERS LLC REFUND - WIRELESS DEPOSIT BP 5,000.00 13758 PAN IN CORPORATION REFUND - BUILDING DEPOSIT BP 15,841.00 13759 PAN IN CORPORATION REFUND - GRADE DEPOSIT BP 5,000.00 13760 TESLA ENERGY OPERATIONS, INC REFUND - PERMIT FEE VOID BP 449.00 13761 TYLER W & KIMBERLY F DAVIS HISTORICAL DESIGN REVIEW BP 2,789.25 13762 ZACHARY W HULSEY REFUND - EIR DEPOSIT BALANCE BP 1,215.00 13763 D'ANDRE WHITE REIMB - FINGERPRINT SERVICE FEE HR 69.00 13764 FATANI TUITA JR. REIMB - FINGERPRINT SERVICE FEE HR 89.00 13765 RYAN MCGUIRE REIMB - FINGERPRINT SERVICE FEE HR 208.28 13766 WINNIE LI REIMB - INTERVIEW PANEL LUNCH 10/10/23 HR 253.78 13767 CHEAT A LITTLE CATERING CATERING - VOLUNTEER RECOGNITION 12/12/23 CO 1,193.39 13768 ALEX & CELINE CARTLIDGE REFUND - WATER DEPOSIT BALANCE FN 401.55 13769 HILARY & MARK DESROSIERS REFUND - WATER OVERPAYMENT FN 950.60 13770 JONATHAN GOODIER REFUND - WATER DEPOSIT BALANCE FN 200.00 13771 PAUL ZINCHIK REFUND - WATER ACCOUNT BALANCE FN 363.21 13772 OWEN EQUIPMENT COMPANY REPAIR - NODES FORD F6560 PW 5,637.29 13773 PENINSULA TRUCK REPAIR INC MAINT - MULTIPLE VEHICLES PW 9,658.16 13774 PETERSON POWER SYSTEMS, INC. REPAIR - RETAINER PLATE BACKHOE #2 PW 788.82 13775 PG & E 9/30/23-10/31/23 MULTIPLE ACCOUNTS 22,816.74 13776 PRESTIGE CHEMICALS LLC SUPPLIES - TAR/ASPHALT REMOVER PW 479.69 13777 QUENCH USA, INC EQUIP - WATER STATION 11/28/23-12/27/23 PD 80.94 13778 REDWOOD TRADING POST UNIFORM - RAIN BOOTS PW 510.85 13779 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 10/27/23-11/24/23 FN/CM 11,805.29 13780 SAN MATEO COUNTY ASSESSOR'S OFFICE FEE - SINGLE FAMILY CHARACTERISTIC PW 305.00 13781 SAN MATEO LUMBER CO., INC SUPPLIES - SAND BAGS PW 6,585.91 13782 SFPUC FINANCIAL SERVICES SEP '23 - WATER QUALITY ANALYSIS PW 865.00 13783 SHARP ELECTRONICS CORPORATION SUPPLIES - TONER CARTRIDGE AD/PD 650.71 13784 SHAWN KIRBY NOV '23 POOL SERVICE PW 1640 RENTAL 200.00 13785 SHOE DEPOT, INC A CALIFORNIA WORK BOOTS - PW 596.51 13786 SOUTH BAYSIDE WASTE MANAGEMENT 2022 SHREDDING EVENT 6/11/22 PW 2,097.27 13787 SPOTLIGHT IMPRESSIONS, INC PRINT - 2023 EMPLOYEE EXCELLENCE PLAQUE FN 92.97 13788 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,735.57 13789 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR EXAM D1 STAFF PW 30.00 13790 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR EXAM D4 STAFF PW 130.00 13791 TIMBERLINE TREE SERVICE, INC. MAINT - TREE REMOVAL PANORAMA/SKYFARM PW 1,925.00 13792 TOWNE FORD SALES PURCHASE - 3 FORD F150 TRUCKS PW 178,543.23 13793 TRAFFIC LOGIX CORPORATION SOFTWARE - SIGN CLOUD ACCESS 11/1/23-11/1/30 PW 8,000.00 13794 TURBO DATA SYSTEMS, INC. EQUIP - QUAD DOCK BASE PD 1,254.53 13795 UTILITY TELECOM, INC. NOV '23 ETHERNET & CIRCUITS IT 393.15 13796 VERIZON WIRELESS 10/11/23-11/10/23 MULTIPLE ACCOUNTS PD 1,778.29 13797 VIKING SHRED LLC DEC '23 DESTRUCTION SERVICES PD 82.99 13798 WITMER-TYSON IMPORTS, INC. TRAIN - CANINE EVALUATORS COURSE 2023 PD 110.00 13799 WRA, INC SANDRA/HAYNE DRAIN REPLACE PRJ PW 9,301.64 13800 4LEAF, INC. NOV '23 BUILDING INSPECT SERVICES BP 2,880.00 13801 ADP, LLC DEC '23 MASTERTAX SOFTWARE SUPPORT FN 81.40 13802 AFLAC NOV '23 INSURANCE PREMIUM HR 1,563.96
13803 AIXTEK DEC '23 IT MANAGEMENT SERVICE/SERVER UPGRADE IT 53,955.46 13804 ALLEN DRYWALL & ASSOCIATIONS, INC INSTALL - DRYWALL PD OFFICE PW 2,495.00 13805 AMAZON WEB SERVICES, INC NOV '23 - BACKUP STORAGE IT 8,694.71 DocuSign Envelope ID: EAF519B2-C882-42E0-8D50-5CD79CD5F7EA -16-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2023
13806 ANNA LAURA JONES HISTORICAL DESIGN REVIEW BP 1,050.00 13807 AT&T 10/24/23-11/23/23 548.13
13808 AT&T 10/20/23-11/19/23 730.18
13809 BAY AREA AIR QUALITY MGMT. DIS PERMIT RENEWAL FEE - SITE HAYNE PW 492.00 13810 BAY PRO DEC'23 LANDSCAPE MAINT VARIOUS SITES HBF 4,476.00 13811 BEST BEST & KRIEGER LLP FEE - OCT '23/NOV '23 LEGAL SERVICE 148,090.04 13812 BKF ENGINEERS EUCALYPTUS PATHWAY DESIGN PW 1,441.40 13813 BURNETT LANDSCAPE DEVELOPMENT INC MAINT - DEC '23 TOWN LANDSCAPE VARIOUS SITES PW 4,100.64 13814 CHEAT A LITTLE CATERING CATERING - VOLUNTEER RECOGNITION 12/12/23 CO 2,185.64 13815 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE MULTIPLE INVOICES PW 1,877.94 13816 CITY MANAGE MANAGEMENT ADVISORS HR MANAGER RECRUITMENT SERVICES CM 6,666.33 13817 CITY OF SAN MATEO DEC '23 LIBRARY SERVICES CM 22,546.09 13818 CONSOLIDATED CM, INC DARRELL TANK REPLACE PRJ MANAGE PW 88,142.38 13819 CSG CONSULTANTS, INC. BUILDING PLAN SERVICES NOV '23 BP 4,488.32 13820 DAILY JOURNAL CORPORATION LEGAL NOTICE 11/24/23 ORDINANCE 790 CL 1,298.84 13821 DARCY & HARTY CONST., INC. ROBINWOOD LN SEWER 23D PRIORTY BASIN PRJ PW 10,605.56 13822 ENEL X WAY NORTH AMERICA , INC EQUIP - EV CHARGERS CORP YARD PW 5,875.72 13823 ERLER & KALINOWSKI, INC SANITARY SEWER DESIGN 23A PRJ PW 1,558.50 13824 FARALLON COMPANY RETENTION-EMERGENCY RETAINER WALL RALSTON PW 12,180.00 13825 FLOWATER EQUIP - DEC '23 WATER STATION PW/FN 272.34 13826 FREYER & LAURETA, INC HIGH LINE WATER PRJ DESIGN PW 14,594.78 13827 GO NATIVE, INC MAINT - VEGETATION MANAGE VARIOUS SIGHTS PW 4,102.00 13828 GOLDFARB LIPMAN ATTORNEYS NOV '23 LEGAL SERVICE HOUSING ELEMENT BP 400.00 13829 GREATLAND CORP 2023 W2 FORMS AND ENVELOPES FN 159.24 13830 HALEY & ALDRICH, INC MACADAMIA ACCESS ROAD DESIGN PRJ PW 46,651.63 13831 HOME DEPOT CREDIT SERVICES SEP '23 VARIOUS PARTS & SUPPLIES PW 2,566.66 13832 INFRASTRUCTURE ENGINEERING CO DARREL TANK REPLACE PRJ PW 7,515.10 13833 REBECCA BURNSIDE NOV '23 HR SERVICES 17,129.89
13834 JAMES FORD, INC PURCHASE - FORD F350/DUMP TRUCK LIFT GATE PW 97,399.90 13835 JOANNE M. AKAY CATERING - NOV'23 MANAGEMENT MEETING CM 495.00 13836 KRONOS SAASHR, INC. OCT'23/NOV '23 PAYROLL PROCESSING FN 4,034.20 13837 LEAF CAPITAL FUNDING EQUIP - OCT '23-DEC '23 WATER STATION CM 316.81 13838 LITTLER, MENDELSON, P.C. LEGAL SERVICES - NOV 2023 CM 8,155.00 13839 MARK D HUDAK LEGAL SERVICES - NOV 2023 CM 7,695.00 13840 NORCAL RENTAL GROUP LLC EQUIP - BOOM RENTAL PW 940.19 13841 NORGO ENGINEERING SKYFARM STORM DRAIN REPLACEMENT PRJ PW 7,625.00 13842 OCCUPATIONAL HEALTH CENTERS OF CA EMPLOYEE PHYSICAL STAFF HR 2,095.00 13843 TESLA REFUND - PERMIT FEE VOID BP 185.90
13844 TESLA REFUND - PERMIT FEE VOID BP 295.90
13845 TESLA REFUND - PERMIT FEE VOID BP 669.54
13846 TESLA REFUND - PERMIT FEE VOID BP 0.01
13847 TESLA REFUND - PERMIT FEE VOID BP 185.90
13848 JAMES O'LEARY REIMB - FINGERPRINT SERVICE FEE HR 89.00 13849 JUAN MADRIGAL REIMB - FINGERPRINT SERVICE FEE HR 93.55 13850 JUSTIN LINEBAUGH REIMB-TRAVEL BACKFLOW TRAIN 2/1-5/21 REPLACE CK 169.34 13851 VIENNA CATERING CATER - EMPLOYEE RECOGNITION EVENT 2023 17,476.19 13852 QIU BIN HU REFUND - WATER DEPOSIT FN 331.26
13853 SAERA BAIK REFUND - WATER DEPOSIT FN 480.83
13854 THEODORE WEI REFUND - WATER DEPOSIT FN 507.61
13855 TIFFANY LI REFUND - WATER DEPOSIT FN 500.00
13856 XIANGPING QIAN REFUND - WATER OVERPAYMENT FN 200.86 13857 ZAVER N PATEL REFUND - WATER DEPOSIT FN 52.56
13858 PAKPOUR CONSULTING GROUP,INC 23/24 WATER & SEWER REPLACE PRJ DESIGN PW 5,992.50 13859 PENINSULA TRUCK REPAIR INC MAINT - FORD F550 TRUCK #234 PW 971.00 13860 PLAN JPA NOV '23 DEDUCTIBLE CLAIMS VARIOUS ITEMS 7,158.18 13861 QUADIENT LEASING USA, INC POSTAGE METER LEASE 9/30/23 - 12/29/23 FN 532.59 13862 R & A JANITORIAL SERVICE, LLC DEC '23 JANITORIAL SERVICES PW 11,443.62 13863 RED WING SHOE STORE WORK BOOTS - PW 263.02
13864 REDGWICK CONSTRUCTION COMPANY EUCALYPTUS PATHWAY PRJ PW 51,046.32 13865 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 10/20/23-12/8/23 FN/CM 11,507.20 13866 SAN MATEO COUNTY SHERIFF'S OFFICE FEE - COYOTE POINT RANGE 7/22 PD 1,000.00 DocuSign Envelope ID: EAF519B2-C882-42E0-8D50-5CD79CD5F7EA -17-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING DECEMBER 2023
13867 STANDARD INSURANCE COMPANY NOV '23 GROUP LIFE/ADD/LTD ASSESSMENT 2,956.48 13868 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 305.32 13869 SUTTER HEALTH OCT-DEC '23 EMPLOYEE ASSIST YOU HR 782.85 13870 THE PAPE GROUP, INC MAINT - FORKLIFT PW 269.15
13871 TYLER TECHNOLOGIES, INC. TRAIN - CENTRAL SQUARE & ERP SYSTEM 11/13/23 FN 800.00 13872 U.S. POSTMASTER 1ST CLASS PRESORT/ STANDARD MAIL PERMIT 23/24 620.00 13873 UTILITY TELECOM, INC. DEC '23 ETHERNET & CIRCUITS IT 393.15 13874 WESLEY CONSTRUCTION, INC REPAIR - WATER DAMAGE PD BASEMENT PW 64,243.07 13875 WILSEY HAM SEWER CIP 1D DESIGN PRJ PARROTT PW 17,534.13 TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $4,190,689.52 CALPERS RETIREMENT CONTRIBUTIONS 332,456.05
VISA PAYMENTS 36,756.57
RETIREE HEALTH REIMBURSEMENTS 80,563.95
OTHER ELECTRONIC PAYMENTS 0.00
TOTAL GOODS & SERVICES FOR THE MONTH $ 4,640,466.09
DocuSign Envelope ID: EAF519B2-C882-42E0-8D50-5CD79CD5F7EA -18-

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 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 December 31, 2023. -19-
Purchase Maturity Days to Amortized/Fair/ Coupon Valuation Issuer Type Date Date Maturity Cost Par Value Market Value Rate Yield Source LAIF On demand 57,510,388.28 57,510,388.28 56,722,941.03 3.8430% 1 Sec 115 Benefit Trust Company 5,360,744.91 5,360,744.91 5,360,744.91 1.9000% 3 Cash on Hand 8,300.00 8,300.00 8,300.00
Checking Account On demand 22,976,906.37 22,976,906.37 22,976,906.37 0.0100% 3 US Bank Custodial Account 67,333.92 67,333.92 67,333.92 0.0000% 4 Sub-total 85,923,673.48 85,923,673.48 85,136,226.23
INVESTMENTS: Cost Market Value
United States Treasury TN 9/1/2023 8/31/2027 1339 191,250.00 200,000.00 194,376.00 3.2100% 3 United States Treasury TN 6/11/2021 3/15/2024 75 200,250.00 200,000.00 198,008.00 0.2500% 3 United States Treasury TN 10/1/2021 9/30/2025 639 196,062.50 200,000.00 186,250.00 0.2700% 3 United States Treasury TN 9/1/2023 3/31/2028 1552 175,312.50 200,000.00 179,344.00 1.3900% 3 United States Treasury TN 9/1/2023 5/31/2028 1613 174,687.50 200,000.00 178,664.00 1.4000% 3 United States Treasury TN 6/11/2021 8/31/2024 244 206,000.00 200,000.00 195,102.00 1.2800% 3 United States Treasury TN 3/18/2022 12/31/2026 1096 192,500.00 200,000.00 184,610.00 1.3500% 3 United States Treasury TN 3/18/2022 1/31/2027 1127 194,625.00 200,000.00 185,648.00 1.6200% 3 United States Treasury TN 12/8/2022 8/15/2026 958 184,437.50 200,000.00 187,188.00 1.6000% 3 United States Treasury TN 12/8/2022 5/15/2026 866 185,937.50 200,000.00 188,704.00 1.7200% 3 United States Treasury TN 7/19/2022 3/15/2025 440 193,210.94 200,000.00 193,258.00 1.8100% 3 United States Treasury TN 6/11/2021 7/31/2024 213 211,562.50 200,000.00 196,626.00 2.1600% 3 United States Treasury TN 9/1/2023 5/31/2027 1247 188,000.00 200,000.00 191,422.00 2.7400% 3 United States Treasury TN 7/19/2022 11/30/2025 700 198,570.31 200,000.00 194,828.00 2.9500% 3 United States Treasury TN 7/19/2022 7/15/2025 562 393,867.19 400,000.00 391,264.00 3.0700% 3 United States Treasury TN 12/20/2023 11/15/2028 1781 241,718.75 250,000.00 241,505.00 3.2300% 3 United States Treasury TN 6/8/2023 3/31/2025 456 197,687.50 200,000.00 198,242.00 3.9100% 3 United States Treasury TN 9/1/2023 11/30/2027 1430 196,812.50 200,000.00 199,578.00 3.8800% 3 United States Treasury TN 9/1/2023 2/29/2028 1521 198,125.00 200,000.00 200,656.00 3.9900% 3 United States Treasury TN 10/23/2023 7/31/2028 1674 194,625.00 200,000.00 202,062.00 4.0800% 3 United States Treasury TN 6/8/2023 10/25/2025 664 199,812.50 200,000.00 199,626.00 4.2600% 3 United States Treasury TN 12/8/2022 11/15/2025 685 203,125.00 200,000.00 200,672.00 4.4800% 3 ALLY BK SANDY UTAH NCD 7/21/2022 1/21/2025 387 200,000.00 200,000.00 195,582.00 3.0700% 3 BMW BK NORTH AMER SALT LAKE NCD 6/18/2021 6/18/2024 170 250,000.00 250,000.00 244,437.50 0.3100% 3 Sub-Total 4,968,179.69 5,100,000.00 4,927,652.50
GRAND TOTALS $ 90,891,853.17 $ 91,023,673.48 $ 90,063,878.73 LEGENDS:

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

Prepared by: Rich Santiago, Assistant Finance Director
Date
Approved by: Jan Cooke, Finance Director
Date
Town of Hillsborough
Report on Cash and Investments Held As of Quarter Ended December 31, 2023

TYPE OF INVESTMENTS VALUATION SOURCE
DocuSign Envelope ID: 894D9AC2-2196-408B-A72D-DE8C09DAB9AF 1/2/2024
1/2/2024
-20-
RECAP: Purchase Price % to Total TOH Restriction 1st Quarter* Year To Date LAIF Local Agency Investment Fund $ 57,510,388.28 63.3% None 552,531 1,137,998 TCD Time Certificate of Deposit - 0.0% None
NCD Negotiable Certificate of Deposit 450,000.00 0.5% None 2,238 3,029 TB Treasury Bills - 0.0% None
TN Treasury Notes 4,518,179.69 5.0% None 37,907 49,438
CP Commercial Paper - 0.0% None
BA Bankers Acceptances - 0.0% None
CA Checking/Sweep Account 22,976,906.37 25.3% None 4,642 13,042 CUS Custodian Account 67,333.92 0.1%
COH Cash on Hand 8,300.00 0.0% None
Section 115 Trust 5,360,744.91 5.9% None 33,423 68,649
Sub-total 90,891,853.17 100%
Trustee - Bond Funds
Bond Funds - Investments
Total $ 90,891,853.17 630,741 1,272,155
Maturity of 2 years and under 60,160,536.72 66.2% -
Section 115 Trust 5,360,744.91 5.9% -
CA Checking/Sweep Account 22,976,906.37 25.3% -
CUS Custodian Account 67,333.92 -
COH Cash on Hand 8,300.00 0.0% -
Sub-total 88,573,821.92 97.4%
Maturity from 2-5 years 2,318,031.25 2.6%
Sub-total - Town Funds 90,891,853.17 100%
Bond Funds
Trustee - Bond Funds
Total Portfolio $ 90,891,853.17
TOTAL INVESTMENTS $ 67,839,312.88
CASH/CHECKING/MMA 23,052,540.29

TRUSTEE BOND FUNDS -
$ 90,891,853.17
*Estimate -
Investment Income
For Quarter Ending December 31,2023

INVESTMENT RECAP

TOWN OF HILLSBOROUGH
DocuSign Envelope ID: 894D9AC2-2196-408B-A72D-DE8C09DAB9AF -21-

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR

HILLSBOROUGH POLICE OFFICERS ASSOCIATION UNIT PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: This resolution memorializes changes in compensation for the Hillsborough Police Officers Association unit employees. Per the provisions of the adopted January 1, 2023 – December 31, 2026 Memorandum of Understanding, the following increases shall be made, effective the first full pay period of January 2024:
• An increase to all positions in the unit of the average Consumer Price Index from October 2022 to October 2023 in the amount of 4.2%
• An equity adjustment to employees in the Police Trainee classification in the amount of 7.3%.

FISCAL IMPACT: The annual cost is estimated at $260,000 and there is a $25,000 adjustment to the adopted FY 2023-24 budget due to savings.

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

ATTACHMENTS: Resolution
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution authorizing compensation adjustments for the Hillsborough Police Officers Association unit employees. -23-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING COMPENSATION ADJUSTMENTS FOR HILLSBOROUGH POLICE OFFICERS ASSOCIATION UNIT PURSUANT TO CEQA GUIDELINE 15378 WHEREAS, the Town of Hillsborough has determined that competitiveness and compensation for employee positions is an important factor in employee retention; and
WHEREAS, the Hillsborough Police Officers Association unit provides methods for setting salaries in the unit that should be memorialized in a resolution; and
WHEREAS, the Memorandum of Understanding states that unit employee salaries shall be increased effective the first full pay period in January 2024.

NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough hereby authorizes the following changes in the Town’s compensation plan effective the first full pay period in January 2024:

Salaries for all positions in the unit shall be increased by 4.2% Salaries for all positions in the Police Trainee classification shall be increased by 7.3%
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 8th day of January 2024, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
-24-

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE TEAMSTERS LOCAL 856 PUBLIC WORKS AND CLERICAL UNIT EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: This resolution memorializes changes in compensation for the Teamsters Local 856 Public Works and Clerical unit employees. An increase of 3.75% to all positions in the unit is included in the adopted January 1, 2022 – December 31, 2024 Memorandum of Understanding.

FISCAL IMPACT: The annual cost is estimated at $152,000 and there is no impact to the adopted FY 2023-24 budget.

ATTACHMENTS: Resolution
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution authorizing compensation adjustments for the Teamsters Local 856 Public Works and Clerical unit employees. -25-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE TEAMSTERS LOCAL 856 PUBLIC WORKS AND CLERICAL UNIT PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the Town of Hillsborough has determined that competitiveness and compensation for employee positions is an important factor in employee retention; and
WHEREAS, the Teamsters Local 856 Public Works and Clerical unit provides methods for setting salaries in the unit that should be memorialized in a resolution; and
WHEREAS, the Memorandum of Understanding states that unit employee salaries shall be increased effective the first full pay period in January 2024.

Salaries for all positions in the unit shall be increased by 3.75% Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 8th day of January 2024, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
-26-

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR UNREPRESENTED EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378 SUMMARY: This resolution memorializes changes in compensation for the Unrepresented employees. Proposed salary changes are based on several factors, including the Bay Area 12- month average Consumer Price Index. Staff is recommending a 4.2% cost of living increase for the Unrepresented employees with the exception of the City Manager position.

FISCAL IMPACT: The annual cost is estimated at $272,000 and there is a $26,000 adjustment to the adopted FY 2023-24 budget due to savings.

ATTACHMENTS: Resolution
PREPARED BY: Doug Davis, City Manager
RECOMMENDATION: Adopt the resolution authorizing compensation adjustments for the Unrepresented employees.
-27-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING COMPENSATION ADJUSTMENTS FOR UNREPRESENTED
EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the Town of Hillsborough has determined that competitiveness and compensation for employee positions is an important factor in employee retention; and
WHEREAS, the Town has determined that cost of living adjustments for Unrepresented employees are appropriate.

Salaries for all Unrepresented employees shall be increased by 4.2%.

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 8th day of January 2024, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
-28-

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ADOPTING THE 2024 SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: This resolution memorializes changes to the salary schedule due to contractual obligations and cost of living increases approved by the City Council. California Public Employees Retirement System requires the pay schedule be adopted at a public meeting of the governing body.

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

ATTACHMENTS: Resolution and Exhibit A Salary Schedule
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt the resolution adopting the 2024 Salary Schedule for the Town of Hillsborough.
-29-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

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

NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough adopts the Salary Schedule with changes for the positions noted effective the first pay period of January 2024.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
-30-
Town of Hillsborough Salary Schedule
Merit positions
salary effective date Step A B C D E MOU
4,067 4,270 4,484 4,708 4,943
8,811 9,252 9,715 10,200 10,711 Unrep
105,737 111,024 116,576 122,404 128,524
3,217 3,378 3,547 3,725 3,910
6,971 7,320 7,686 8,070 8,472 PW&C
83,649 87,831 92,228 96,840 101,669
2,872 3,015 3,165 3,324 3,490
6,222 6,532 6,859 7,202 7,562 PW&C
74,667 78,389 82,301 86,428 90,744
7,832 8,223 8,635 9,066 9,521
16,969 17,817 18,709 19,644 20,627 Unrep
203,623 213,810 224,511 235,727 247,527
6,560 6,889 7,234 7,595 7,974
14,214 14,926 15,673 16,456 17,278 Unrep
170,571 179,105 188,073 197,474 207,335
5,628 5,909 6,205 6,516 6,842
12,193 12,803 13,445 14,117 14,823 Unrep
146,324 153,639 161,333 169,406 177,886
3,729 3,916 4,112 4,317 4,533
8,081 8,484 8,909 9,354 9,821 Unrep
96,962 101,812 106,905 112,242 117,850
4,112 4,317 4,533 4,760 4,997
8,909 9,354 9,821 10,313 10,828 Unrep
106,905 112,242 117,850 123,756 129,933
3,824 4,015 4,216 4,426 4,648
8,286 8,699 9,134 9,591 10,071 Unrep
99,428 104,385 109,614 115,087 120,854
4,861 5,104 5,359 5,627 5,908
10,533 11,058 11,611 12,191 12,801 Unrep
126,384 132,697 139,334 146,297 153,612
4,397 4,617 4,848 5,091 5,345
9,527 10,004 10,505 11,031 11,582 Unrep
114,328 120,045 126,059 132,372 138,982
Associate Civil Engineer
1/1/2024
Assistant Engineer II
1/1/2024
Assistant Planner
1/1/2024
Associate Planner
1/1/2024
Administrative Assistant
1/1/2024
Assistant Director of Finance
1/1/2024
Assistant Engineer I
1/1/2024
Assistant City Manager
1/1/2024
Assistant Director of Building & Planning
1/1/2024
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Annually
Bi-weekly
Monthly
Annually
Accountant
1/1/2024
1/1/2024
Accounting Technician
1/4/2024
-31-

EXHIBIT A
Town of Hillsborough Salary Schedule
Merit positions
salary effective date Step A B C D E MOU
4,473 4,697 4,932 5,179 5,437
9,693 10,177 10,686 11,220 11,781 Unrep
116,306 122,131 128,226 134,647 141,366
3,662 3,837 4,029 4,230 4,442
7,935 8,312 8,728 9,165 9,624 PW&C
95,222 99,754 104,744 109,977 115,480
4,029 4,230 4,442 4,664 4,897
8,728 9,165 9,624 10,104 10,611 PW&C
104,744 109,977 115,480 121,253 127,322
5,560 5,838 6,130 6,436 6,758
12,047 12,650 13,282 13,946 14,643 Unrep
144,563 151,796 159,382 167,347 175,719
2,872 3,015 3,165 3,324 3,491
6,222 6,532 6,859 7,202 7,563 PW&C
74,667 78,389 82,301 86,428 90,758
3,159 3,317 3,483 3,657 3,840
6,845 7,187 7,547 7,924 8,320 PW&C
82,139 86,239 90,555 95,087 99,834
6,117 6,422 6,743 7,080 7,435
13,252 13,914 14,610 15,341 16,107 Unrep
159,030 166,968 175,312 184,090 193,291
8,415 8,836 9,278 9,742 10,228
18,233 19,145 20,102 21,107 22,161 Unrep
218,795 229,740 241,227 253,283 265,935
5,030 5,281 5,544 5,822 6,112
10,898 11,442 12,013 12,613 13,244 Unrep
130,773 137,302 144,157 151,363 158,922
10,507
22,765 Unrep
273,182
3,503 3,678 3,862 4,054 4,258
7,590 7,969 8,367 8,785 9,225 Police
91,083 95,635 100,403 105,415 110,698
Budget Analyst
1/1/2024
Building Inspector I
1/1/2024
Building Inspector II
1/1/2024
1/1/2024
Chief Building Official
1/1/2024
Chief of Police
Building Official
1/1/2024
Building and Planning Technician I
1/1/2024
Building and Planning Technician II
1/2/2023
Code Enforcement Officer I
1/1/2024
1/1/2024
City Clerk
1/1/2024
City Manager
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Annually
Bi-weekly
Monthly
Annually
1/4/2024
-32-
Town of Hillsborough Salary Schedule
Merit positions
salary effective date Step A B C D E MOU
3,862 4,054 4,258 4,470 4,694
8,367 8,785 9,225 9,685 10,171 Police
100,403 105,415 110,698 116,225 122,049
5,136 5,392 5,662 5,946 6,243
11,129 11,684 12,269 12,882 13,526 Unrep
133,536 140,201 147,218 154,587 162,308
3,442 3,605 3,786 3,975 4,174
7,458 7,812 8,203 8,613 9,045 Police
89,485 93,738 98,425 103,356 108,531
3,786 3,975 4,174 4,383 4,601
8,203 8,613 9,045 9,496 9,970 Police
98,425 103,356 108,531 113,949 119,638
2,803 2,943 3,090 3,244 3,406
6,073 6,376 6,694 7,028 7,380 Police
72,877 76,508 80,328 84,337 88,564
6,078 6,382 6,701 7,037 7,389
13,169 13,828 14,519 15,247 16,009 Unrep
158,028 165,939 174,229 182,952 192,109
7,802 8,192 8,602 9,032 9,483
16,905 17,749 18,637 19,570 20,547 Unrep
202,865 212,997 223,644 234,833 246,564
7,802 8,192 8,602 9,032 9,483
16,905 17,749 18,637 19,570 20,547 Unrep
202,865 212,997 223,644 234,833 246,564
8,338 8,755 9,193 9,652 10,134
18,066 18,969 19,917 20,913 21,958 Unrep
216,790 227,627 239,006 250,953 263,497
4,233 4,444 4,666 4,899 5,144
9,170 9,628 10,109 10,615 11,146 Unrep
110,039 115,541 121,318 127,385 133,753
3,847 4,040 4,242 4,454 4,676
8,336 8,753 9,190 9,650 10,132 Unrep
100,035 105,038 110,289 115,804 121,594
Code Enforcement Officer II
1/1/2024
Community Service Officer
1/1/2024
Deputy Director of Public Works
1/1/2024
Communications Officer I
1/1/2024
Communications Officer II
1/1/2024
Director of Public Works - City Engineer
1/1/2024
GIS Coordinator
1/1/2024
1/1/2024
Director of Building and Planning
1/1/2024
Director of Finance
GIS Technician
1/1/2024
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Annually
1/1/2024
Communications Manager
1/4/2024
-33-
Town of Hillsborough Salary Schedule
Merit positions
salary effective date Step A B C D E MOU
5,345 5,612 5,893 6,187 6,497
11,582 12,160 12,768 13,406 14,076 Unrep
138,982 145,918 153,205 160,872 168,919
3,975 4,174 4,383 4,601 4,832
8,613 9,045 9,496 9,970 10,468 Police
103,356 108,531 113,949 119,638 125,620
3,556 3,733 3,920 4,116 4,321
7,703 8,088 8,493 8,917 9,362 PW&C
92,443 97,056 101,912 107,010 112,351
3,386 3,556 3,733 3,920 4,116
7,337 7,703 8,088 8,493 8,917 PW&C
88,046 92,443 97,056 101,912 107,010
2,609 2,734 2,871 3,014 3,164
5,653 5,923 6,220 6,530 6,856 PW&C
67,842 71,079 74,640 78,362 82,274
2,871 3,014 3,164 3,322 3,488
6,220 6,530 6,856 7,198 7,557 PW&C
74,640 78,362 82,274 86,374 90,690
3,922 4,118 4,324 4,541 4,767
8,498 8,923 9,370 9,839 10,330 Unrep
101,974 107,068 112,432 118,067 123,958
4,315 4,531 4,757 4,994 5,244
9,349 9,817 10,306 10,821 11,363 Unrep
112,188 117,796 123,675 129,852 136,354
3,565 3,743 3,930 4,127 4,334
7,723 8,110 8,516 8,942 9,389 Unrep
92,682 97,314 102,191 107,311 112,676
2,630 2,762 2,900 3,045 3,198
5,699 5,984 6,283 6,597 6,928 PW&C
68,382 71,807 75,395 79,172 83,137
5,950 6,248 6,560 6,889 7,234
12,892 13,537 14,214 14,926 15,673 Unrep
154,695 162,444 170,571 179,105 188,073
Lead Communications Officer
1/1/2024
Lead Facilities Worker
1/1/2024
HR Manager
1/1/2024
Maintenance Worker II
1/1/2024
Management Analyst I
1/1/2024
Lead Maintenance Worker
1/1/2024
Maintenance Worker I
1/1/2024
Planning Manager
1/1/2024
Management Analyst II
1/1/2024
Management Assistant
1/1/2024
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Annually
Bi-weekly
Monthly
Annually
Office Assistant
1/1/2024
1/4/2024
-34-
Town of Hillsborough Salary Schedule
Merit positions
salary effective date Step A B C D E MOU
7,385 7,754 8,141 8,549 8,976
16,000 16,799 17,639 18,522 19,448 Unrep
192,001 201,592 211,670 222,263 233,370
4,762 5,000 5,250 5,512 5,788
10,318 10,833 11,374 11,943 12,542 Police
123,810 129,987 136,489 143,317 150,496
6,284 6,599 6,929 7,276 7,640
13,616 14,298 15,013 15,765 16,553 Unrep
163,392 171,574 180,162 189,183 198,639
4,508 4,733 4,969 5,217 5,478
9,767 10,254 10,767 11,305 11,868 Police
117,200 123,052 129,202 135,650 142,423
3,870
8,386 Police
100,624
5,493 5,769 6,057 6,360 6,678
11,903 12,499 13,124 13,780 14,469 Police
142,829 149,981 157,486 165,370 173,633
3,083 3,237 3,399 3,569 3,747
6,680 7,015 7,365 7,733 8,118 Police
80,165 84,175 88,374 92,790 97,420
4,907 5,152 5,410 5,681 5,965
10,631 11,164 11,721 12,308 12,924
PW Supe
127,573 133,961 140,650 147,693 155,091
3,386 3,556 3,733 3,920 4,116
7,337 7,703 8,088 8,493 8,917 PW&C
88,046 92,443 97,056 101,912 107,010
3,725 3,911 4,106 4,312 4,528
8,070 8,474 8,898 9,343 9,810 PW&C
96,840 101,696 106,767 112,108 117,711
6,170 6,478 6,802 7,142 7,499
13,368 14,036 14,738 15,474 16,249 Unrep
160,412 168,431 176,857 185,689 194,981
Police Captain
Police Officer
1/1/2024
Police Officer Trainee
1/1/2024
1/1/2024
Police Corporal
1/1/2024
Police Lieutenant
1/1/2024
1/1/2024
Public Works Inspector I
1/1/2024
Police Sergeant
1/1/2024
Public Works Asst. Superintendent
Public Works Superintendent
1/1/2024
Bi-weekly
Monthly
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Annually
Bi-weekly
Monthly
Annually
Property Officer
1/1/2024
1/1/2024
Public Works Inspector II
1/4/2024
-35-
Town of Hillsborough Salary Schedule
Merit positions
salary effective date Step A B C D E MOU
4,449 4,671 4,905 5,150 5,408
9,639 10,122 10,627 11,159 11,716
PW Supe
115,670 121,458 127,518 133,907 140,595
3,360 3,528 3,704 3,890 4,085
7,281 7,644 8,027 8,428 8,850 Police
87,372 91,734 96,312 101,134 106,201
3,697 3,881 4,075 4,279 4,493
8,010 8,410 8,830 9,273 9,735 Police
96,122 100,918 105,957 111,267 116,821
4,473 4,697 4,932 5,179 5,437
9,693 10,177 10,686 11,220 11,781 Unrep
116,306 122,131 128,226 134,647 141,366
3,538 3,715 3,901 4,096 4,301
7,665 8,050 8,453 8,875 9,320 PW&C
91,985 96,597 101,426 106,497 111,835
3,632 3,814 4,005 4,205 4,416
7,870 8,264 8,677 9,111 9,568 PW&C
94,439 99,160 104,124 109,330 114,810
4,544 4,771 5,010 5,260 5,523
9,846 10,339 10,855 11,397 11,965 PW&C
118,151 124,058 130,262 136,763 143,588
5,589 5,869 6,162 6,471 6,794
12,110 12,716 13,352 14,020 14,720 Unrep
145,321 152,582 160,222 168,241 176,640
4,962 5,210 5,471 5,744 6,031
10,751 11,288 11,853 12,445 13,068 Unrep
129,012 135,460 142,233 149,331 156,807
5,057 5,310 5,576 5,855 6,148
10,957 11,505 12,081 12,686 13,319 Unrep
131,477 138,061 144,969 152,230 159,829
Records Clerk II
1/1/2024
Records Supervisor
1/1/2024
Public Works Supervisor
1/1/2024
Senior Building and Planning Technician
1/1/2024
Senior Building Inspector/Plan Checker
1/1/2024
Senior Accountant
1/1/2024
Senior Accounting Technician
1/1/2024
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Senior Planner
1/1/2024
Senior Civil Engineer
1/1/2024
Annually
Bi-weekly
Monthly
Annually
Bi-weekly
Monthly
Annually
Senior Management Analyst
1/1/2024
1/4/2024
-36-
Town of Hillsborough Salary Schedule
Merit positions
salary effective date Step A B C D E MOU
Hourly positions
1/3/2022

30.00 40.00

20.00 30.00

25.00 35.00

30.00 40.00

15.50 35.00

30.00 40.00

55.00 Hourly 15.50 20.00
Hourly
Hourly
Hourly
Hourly
Building Attendant
Intern III - Temporary
Laborer - Temporary
Intern I - Temporary
Intern II - Temporary
Clerical - Temporary
Technician - Temporary
Communications Officer - Temporary
Hourly
Hourly
Hourly
1/4/2024
-37-

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ADOPTING THE TOWN OF HILLSBOROUGH 2024 LEGISLATIVE PLATFORM PURSUANT TO CEQA GUIDELINE 15378 (CONTINUED FROM DECEMBER 11, 2023)
SUMMARY: The City Council considered the 2024 Legislative Platform at its December 11, 2023 and voted unanimously to continue the item in order for staff to refine some of the policy statements. The modifications include the addition of statement regarding supporting efforts to address fire insurance, revisions to existing statements to more strongly express support for regional collaboration to meet housing needs, to more strongly express opposition to increasing housing density, to more strongly express support for advancing responsible use of pesticides, and to include support for the evaluation of health impacts of flight paths in state and federal evaluations of impacts.

A legislative platform is made up of policy statements, adopted by the City Council, that provides the framework for a local agency to respond to legislative issues of importance in a timely manner.

The intent of the Hillsborough Legislative Platform is to convey to state legislators, policymakers, and the public where the Town stands on important policy issues. This platform provides the direction needed for the Town to engage on state initiatives that affect the Town’s key priorities, programs, and/or operations.

The Town adopted a legislative platform for 2022 and for 2023. By adopting a legislative platform, the Town enhances its capacity to monitor, analyze and respond to complex and swift moving legislation. Near the end of the legislative session each year, hundreds of bills are amended and move quickly through the process. Many of these bills have detrimental effects on public agencies.

A legislative platform and policy allow advocates to quickly educate lawmakers in Sacramento on how legislation will impact Hillsborough.

The Town’s legislative consultant, Renne Public Policy Group (RPPG) provides full lobbying services to the Town, including:
• Tracking state legislation and provide priority state legislative tracking documents regularly to the Town.
• Drafting legislative language and talking points or other advocacy materials on legislation, as necessary.
• Preparing position letters reflective of the Town’s adopted legislative position to members of the state legislature, executive branch, and other officials in State government as needed. -39-
Agenda Staff Report - Hillsborough City Council
January 08, 2024

Page 2 ends

• Testifying at the direction of and on behalf of the Town at hearings before legislative committees. • Preparing written testimony for Town officials who wish to testify before legislative committees. • Regularly communicating with Town staff to assess legislative options, analyze legislation and discuss policy objectives including review and input into the Town’s legislative policy platform.

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

ATTACHMENTS: Resolution and Exhibit A Legislative Platform PREPARED BY: Doug Davis, City Manager
RECOMMENDATION: Adopt the resolution adopting the Town of Hillsborough 2024 Legislative Platform.
-40-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ADOPTING THE TOWN OF HILLSBOROUGH 2024 LEGISLATIVE PLATFORM PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the Town of Hillsborough (“Town”) desires to convey to state legislators, policymakers and the public where the Town stands on important policy issues; and
WHEREAS, a legislative platform provides direction for the Town to engage state initiatives that affect the Town’s key priorities, programs and/or operations; and
WHEREAS, a legislative platform and policy allow advocates to quickly educate lawmakers in Sacramento on how legislation will impact the Town; and WHEREAS, by adopting a legislative platform (attached hereto as Exhibit A), the Town will enhance its capacity to monitor, analyze and respond to complex and swift moving legislation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby adopts the Town of Hillsborough 2024 Legislative Platform.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-41-

TOWN OF HILLSBOROUGH
2024 LEGISLATIVE PLATFORM

PURPOSE
The Legislative Platform confirms the City Council’s position on current issues with the potential to directly or indirectly impact the Town. The legislative platform is a guiding document that the Town will continue to work with constituents, consultants, and elected representatives to promote and preserve the Town’s interest at the State level.

Each year, the City Council will consider modifying its platform by taking into consideration emerging and ongoing legislative trends, issues emerging locally that may require state policy reforms, Council’s annual strategic priorities, or other factors deemed appropriate by the Town to ensure its policy statements reflect the direction of the Council.

Below are the Guiding Principles and Policy Statements that will allow staff to address legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.

GUIDING PRINCIPLES
I. STRATEGIC PRIORITIES
Support measures that enhance the ability for Council to achieve its strategic priorities. Oppose legislation that seeks to undermine the ability for Council to enact its long-term mission and vision for the Town of Hillsborough.

II. PRESERVE LOCAL CONTROL
Preserve and protect the Town’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs, local land use and oppose legislation that preempts local authority. Local agencies should preserve authority and accountability for revenues raised and services provided.

III. PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve the Town’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the County, State or Federal Governments and/or make local agencies more dependent on the County, State or Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits.
-42-

EXHIBIT A
2 LEGISLATIVE PLATFORM STATEMENTS
Administration, Finance, Human Resources and Risk Management • Support maximum flexibility for local government in contracting and contract negotiations.
• Support legislation that promotes efforts to advance workplace diversity, equity and inclusion.
• Support legislation that facilitates the ability of local government to share resources to increase efficiencies and decrease costs, including local efforts to address regional management of fire services.
• Monitor and evaluate Proposition 13 and Town and county tax apportionment proposals.
• Monitor and evaluate all proposals that include an unfunded mandate to local governments.
• Support long term statutory solutions to adequately reimburse cities from the Vehicle License Fee (VLF) Swap of 2004 as well as short term, temporary adjustments.
• Oppose measures that reduce local control over employee relations issues or mandate new or enhanced local government employer obligations. • Oppose measures that impose compulsory and binding arbitration with respect to employees.
• Support efforts to maintain fiscal solvency with respect to unfunded pension and retiree healthcare liability. Support efforts that decrease local costs. • Support effort that would lower the bond threshold to fund housing and infrastructure projects.
• Oppose efforts that seek to modify current constitutional protections for what constitutes a tax versus a charge as well as the manner in which local agencies and the public can place tax initiatives on the ballot. • Monitor and evaluate proposals on artificial intelligence pertaining to ethical considerations, privacy, and emerging technologies.
• Support measures that protect the Town’s ability to impose taxes, fees, and assessments under Proposition 218, including the ability of local agencies to impose fees and charges to mitigate housing impacts and to maintain local control of utility rate setting and oppose efforts to reduce local control over local taxing authorities.
• Support legislative and regulatory efforts to address the cancelation of fire insurance and continually increasing rates for those living in the Wildland Urban Interface. Support efforts to ensure a fair market cost to fire insurance for the Town’s residents.

Governmental Transparency and Public Access
• Support legislation that balances increased public trust, confidence and access to public meetings while realizing the fiscal and operational constraints of local government.
-43-
3 • Support legislation that would increase civic participation and engagement including the allowance of legislative subcommittees, advisory committees, and commissions to participate virtually without physical location posting requirements under the Ralph M. Brown Act.
• Support legislation that would permit a minority amount of virtual council member participate without physical location posting, so long as a physical in-person quorum is present.
• Support state funding efforts to assist with enhanced public access for members of the community.
• Oppose legislation that would incentivize increased litigation by removing safe harbor provisions permitted in the California Voting Rights Act (CVRA). • Oppose legislation that drives up the cost of municipal elections through unnecessary new requirements.
• Monitor and evaluate proposals that create new mandates under the California Public Records Act without state reimbursement provisions. • Monitor and evaluate proposals that require a one-size-fits-all to local retention polices.
• Support modifications to Fair Political Practices Commission (FPPC) Form 700 filing requirements that take into account the differences between a full-service municipality and a primarily residential community.

Environment
• Support legislation that provides funding opportunities focused on coordinating sustainable planning practices in the areas of environment, transportation, and housing.
• Support legislation that would improve air quality and reduce the negative impact of noise and toxic substances.
• Support and advocate for polices that promote responsible use, collection and reduction in use of pesticides, herbicides and insecticides. • Monitor state polices that further the federal government’s evaluation and actions of flight paths as it relates to noise and health impacts to the community.

Solid Waste and Recycling
• Support measures that maintain and enhance local authority and economic flexibility to regulate solid waste and recyclables.
• Support legislation that facilitates development of local and regional recycling and composting facilities and collaborative solution to SB 1383 implementation.

Water Quality and Water Supply
• Support and monitor legislation that would increase the availability of, and funding for, water conservation, water reuse technologies, water recycling, local water storage and other water supply technologies.
• Support the enhancement of a reliable and sustainable water supply for California. -44-
4 • Support measures to increase water supply and improve water quality in the region, including drought relief legislation.
• Support funding opportunities that are provided to local jurisdictions through past and future bond opportunities.
• Support legislation or regulatory efforts that reflects the realities of persistent drought conditions and impacts associated with reduced water supply including meeting state mandated regional housing needs assessment (RHNA) targets and other housing mandates.
• Oppose new fees on water that would not benefit ratepayers. • Support legislation that promotes water conservation while preserving the authority of local agencies.

California Environmental Quality Act (CEQA)
• Support all efforts to create efficiencies within CEQA and support local discretion and planning efforts to limit delays.
• Support legislation that prevents CEQA lawsuits from being filed for any reason other than a bonafide environmental impact.
• Support legislation that streamlines federal and state environmental review processes and limits court reviews of environmental documentation.

Land Use Planning and Housing
• Support efforts to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement plans for orderly growth, development, beautification, and conservation of local planning areas. • Support housing measures that promote the preservation of existing affordable housing and the development and enhancement of safe and affordable housing and accessible housing within the Town. Provide housing for all economic segments of the population, while still preserving local control and the unique character of the community.
• Support and advocate for legislation that permits regional collaborations to achieving housing production.
• Support funding for local jurisdictions when statewide bond efforts are proposed. • Oppose measures that would withhold funding dedicated to transportation funding unless proposed housing goals are being met.
• Oppose measures which would undermine Town adopted and established general plan, zoning and housing policies and plans.
• Oppose measures which undermine the planning vision of local government and contradict the expectations of our community.
• Support measures which support meeting the State’s planning goals while maintaining local control, ensuring communities evolve in a manner that reflects the will of the residents and protects the public’s health, safety, and welfare. • Strongly oppose legislation that encourages increasing the housing density in High Fire Hazard Severity Zones.
-45-
5 Energy
• Support legislation that promotes the development and long-term sustainability of locally run Community Choice Aggregators (CCA).
• Support legislation that promotes ratepayer equity between CCA’s and other public and private electrical utilities.
• Oppose legislative attempts that shift wildfire costs associated with investor-owned utility-caused events to the Town and its residents.

Open Space, Parks and Recreation
• Support legislation and funding opportunities (e.g., federal and state park grant funds, conservancy grant funds, project mitigation funds, etc.) that helps cities build better, stronger communities by providing funding to improve air, water, parks, open space, natural resources, historic preservation, the arts and cultural resources.
• Promote local agency control over policies that recognize the benefits of open space, parks and recreation facilities.
• Oppose efforts that erode funding for vital regional and community services that negatively impact Californian's access to parks, open space, bike lanes, after school programming, youth services, senior services, food programs, facilities that promote physical activity, protect natural resources, and strengthen safety and security.

Public Safety/Police
• Support legislation that strengthens community-oriented public safety policies. • Support legislation that would increase accountability and transparency and law enforcement agencies and personnel.
• Support legislation that strengthens local law enforcement and encourages regional collaboration for deployment of resources and specialized taskforce operations.
• Support legislation that strengthens penalties for repeat property crime offenders. • Monitor legislation on implementation of best practices regarding law enforcement procedures.
• Support measures that protect children and youth from exposure to tobacco and tobacco related products such as e-cigarettes.

Fire Services
• Support legislation that provides funding and resources for promoting defensible space within a Wildlife Urban Interface (WUI) area.
• Support legislation that encourages regional collaboration and deployment of resources to maximize firefighting efforts.
• Support local control of emergency medical services and ambulance services, including pre-hospital care and transport.
-46-
6 Transportation
• Support legislation that would increase funding for local transportation projects including road resurfacing projects, green infrastructure projects, adding bicycle lanes, sidewalks and trails throughout the Town where appropriate, programs that enhance pedestrian safety.
• Support increased State and Federal funding of transportation improvements with regional or sub-regional benefits for all modes of transportation. • Support protection of dedicated transportation-related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities. • Support joint planning efforts and projects with border cities on traffic congestion relief projects.

Public Works and Utilities
• Support funding for broadband middle and last mile expenditures. • Oppose measures that undermine local decision making in installation of broadband services.
-47-

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVAL OF A NEW SIGN FOR THE HILLSBOROUGH SCHOOLS

FOUNDATION ANNUAL DINNER DANCE FUNDRAISING EVENT PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The Hillsborough Schools Foundation submitted an application for a new sign for its annual dinner dance fundraising event which will be held in San Francisco on Saturday, March, 2, 2024. Hillsborough Municipal Code Section 5.16.040 requires that new signs for fundraising events be approved by the City Council. Hillsborough Municipal Code Section 5.16.020 defines a fundraising event as an event within the Town of Hillsborough; however, in the past, the Town has reviewed and approved signs to be posted in Hillsborough for fundraising events such as the Hillsborough Concours d'Elegance car show and other Hillsborough Schools Foundation fundraising events held outside of Hillsborough.

Pursuant to Hillsborough Municipal Code Section 5.16.040(F)5, the City Council may approve, reject or modify the applicant's request based on the effect on the public safety and welfare.

The application and the artwork for the sign are included in the City Council agenda packet.

A three foot by six foot vinyl banner is proposed to be posted at the Golf Course Drive/Black Mountain Road location and the banner digital artwork posted on the Walnut Avenue digital sign and on the Fire Station 33 digital sign.

There are no anticipated impacts on public safety and welfare. If approved, the signs will be placed no sooner than three weeks before the event begins and shall be taken down immediately after the event ends.

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

ATTACHMENTS: Application and artwork
PREPARED BY: Lisa Natusch, City Clerk
-49-
Agenda Staff Report - Hillsborough City Council
January 08, 2024

Page 2 ends

RECOMMENDATION: Approve the application for the Hillsborough Schools Foundation dinner dance fundraising event sign.
-50-
X
-51-
-52-

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND ADOPTING THE AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 AND CEQA GUIDELINE 15378
SUMMARY: The State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the Town of Hillsborough (the “Town”), and which requires all public agencies to adopt and promulgate a conflict of interest code.

The City Council adopted an amended Conflict of Interest Code on October 10, 2022 by Resolution No. 22-74. Subsequent changed circumstances within the Town have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Code to modify the disclosure category assigned to the Architecture and Design Review Board (ADRB). At the same time, staff has taken the opportunity to update the reference to the Code Enforcement Hearing Panel to accurately reflect "Administrative Hearing Panel." In particular, staff is proposing to the City Council that it amend the disclosure category for investments for the ADRB. Currently, and at least since the early 2010s, the Town’s local Conflict of Interest Code has required the ADRB to report investments in all businesses doing business in the jurisdiction regardless of the type of business. At the request of the Mayor, the City Attorney’s office analyzed whether this level of investment reporting is required based on the scope of duties of the ADRB.

After researching the issue, the City Attorney’s office believes the more appropriate disclosure category of investments for ADRB members should be limited to businesses with some type of connection to the work of ADRB (i.e. land development, construction, or the acquisition or sale of real property) and should be limited to businesses that do business with the Town. This will significantly reduce the level of investment reporting for ADRB members.

Notice of this amendment was provided to the public and the members of the ADRB as required under the Political Reform Act and FPPC Regulations.

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

Page 2 ends

ATTACHMENTS:

1. Resolution

2. Conflict of Interest Code (redline version)
PREPARED BY: Christopher J. Diaz, City Attorney
RECOMMENDATION: Adopt the resolution approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. -54-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
RESOLVED, by the City Council of the Town of Hillsborough, County of San Mateo, State of California, that
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest governing officers, employees and consultants of the Town of Hillsborough (the “Town”), and which requires all public agencies to adopt and promulgate a conflict of interest code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") which was amended on October 10, 2022, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the Town have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Town’s Code; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided to the Architecture and Design Review Board and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on January 8, 2024, at which all present were given an opportunity to be heard on the proposed amended Code.

NOW, THEREFORE, be it resolved, determined and ordered by the City Council of the Town of Hillsborough, California, that:

SECTION 1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto as Exhibit A and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours.

SECTION 2. The amended Conflict of Interest Code shall become effective on the date of its adoption and approval.

SECTION 3. All previously adopted conflict of interest codes and amendments are rescinded upon approval and adoption of the attached amended and updated Conflict of Interest Code.

SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
-55-
ATTACHMENT 1
2 PASSED, APPROVED AND ADOPTED this 8th day of January 2024. ______________________________
Mayor of the Town of Hillsborough
____________________________
Attest: City Clerk
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-56-
61236.01000\40717011.2
BBK – September 2022January 2024

CONFLICT OF INTEREST CODE
OF THE

TOWN OF HILLSBOROUGH
-57-
ATTACHMENT 2
61236.01000\40717011.2
1 BBK – September 2022January 2024

CONFLICT OF INTEREST CODE
OF THE

TOWN OF HILLSBOROUGH
(Amended October 10, 2022)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, (tit. 2 Cal. Code of Regs, § 18730), that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing, Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Town of Hillsborough (”Town").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer and Finance Director, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the Town’s Filing Officer. All officials and designated positions required to submit a statement of economic Interests shall file their statements with the City Clerk as the Town’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, members of the City Council, the City Manager, the City Attorney and the City Treasurer, and forward the originals of these statements to the Fair Political Practices Commission. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008) -58-
61236.01000\40717011.2
App. A-1 BBK – September 2022 January 2024

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

TOWN OF HILLSBOROUGH
(Amended October 10, 2022)
PART “A”
The Mayor, members of the City Council, the City Manager, the City Attorney, the City Treasurer, and all other Town Officials who manage public investments, as defined by Title 2, California Code of Regulations, section 18700.3(b), are NOT subject to the Town’s Conflict of Interest Code but must file disclosure statements under Government Code section 87200, et seq. [Regs. § 18730(b)(3).]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are other Town officials who manage public investments1
. These positions are listed here for informational purposes only.

Finance Director
Financial Advisory Committee
Investment Consultant

1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. -59-
61236.01000\40717011.2
App. A-2 BBK – September 2022 January 2024

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
City Attorney’s Office
Assistant City Attorney 1, 2
City Manager’s Office
Assistant City Manager 1, 2
Human Resources Manager 5
City Clerk 5
Management Analyst I/II 5
Senior Management Analyst 5
Building & Planning Department
Assistant Director of Building & Planning 2, 3, 5, 6
Assistant Planner 2, 3, 6
Associate Planner 2, 3, 6
Building Inspector (All) 6
Building Official 2, 3, 5, 6
Chief Building Official 2, 3, 5, 6
Consulting Planner 1, 2
Director of Building and Planning 1, 2
Planning Manager 2, 3, 5, 6
Senior Planner 2, 3, 6
Finance Department
Assistant Finance Director 4
Budget Analyst 4
Police Department
Communications Manager 5
Management Analyst I/II 5
Police Captain (2) 5
Police Chief 5
Police Lieutenant 5
Records Supervisor 5

-60-
61236.01000\40717011.2
App. A-3 BBK – September 2022 January 2024
Public Works Department
Associate Civil Engineer 2, 3, 5
City Engineer 1, 2
Deputy Director of Public Works 1, 2
Director of Public Works 1, 2
GIS Coordinator 5
Senior Civil Engineer 2, 3, 5
Management Analyst I/II 2, 5, 7
Public Works Assistant Superintendent 5
Public Works Inspector 6
Public Works Superintendent 5
Public Works Supervisor (All) 5
Members of Boards, Committees
& Commissions
Architecture and Design Review Board 1, 2, 3, 4
Code EnforcementAdministrative Hearing Panel 2, 3, 5
Consultants & New Positions 2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manger’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov.

Code Sec. 81008.)
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61236.01000\40717011.2
App. B-1 BBK – September 2022January 2024
PART “B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the Town.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the Town, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the Town.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the Town.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated employee's department, unit or division.

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the Town or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
11 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING TITLE 6 OF THE

HILLSBOROUGH MUNICIPAL CODE TO ADOPT BY REFERENCE THE ANIMAL CONTROL ORDINANCE OF SAN MATEO COUNTY, CONSISTING OF CHAPTER 6.04 OF TITLE 6 OF THE

CODE OF ORDINANCES OF THE COUNTY OF SAN MATEO, CALIFORNIA AND TO MAKE OTHER CLARIFYING UPDATES, PURSUANT TO CEQA GUIDELINES 15378 AND 15061 SUMMARY: This item reflects an update to Title 6 of the Hillsborough Municipal Code (“HMC”) to adopt by reference the updated County Animal Control Ordinance, and to make other associated clarifying changes to Hillsborough’s animal control regulations.

BACKGROUND:

Animal Control has been one of the longest running regional/shared services in San Mateo County. Since 1952, the County has contracted with the Peninsula Humane Society & SPCA (PHS) for animal control field and sheltering service. All 20 cities in the county have in turn contracted with the County for these services. Historically, cities have taken advantage of the economies of pooling resources in order to realize lower costs for services than each city could likely achieve by providing its own services.

Previously, the City Council approved an agreement with the County for animal control services which is still currently active. This agreement is based on an expectation that each City/Town that is party to the agreement will adopt and maintain an animal control ordinance that is substantially the same as the provisions of Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code.

Similarly, the fee schedule adopted by the Town is required to be the same as outlined in Chapter

6.04.290 of the San Mateo County Ordinance. Licensing and other animal control fees are set and collected by the County, as a means of cost recovery for this mandated program. In addition to the collection of fees to fund the program, each cities/towns in the County is also billed a proportionate amount of the difference between the fee revenue and the cost of the program, based on each individual city’s use of the animal control services. Staff will be returning to the City Council to update the Town’s fees to include these updated licensing and animal control fees.

State law requires a special procedure for an ordinance which adopts another ordinance by reference. For this reason, the City Council is required at introduction (first reading) to also set the date for a public hearing to be held at the same meeting as adoption. Notice of this public hearing must be published in the newspaper fourteen days before adoption. The proposed ordinance and a -63-
Agenda Staff Report - Hillsborough City Council
January 08, 2024

Page 2 ends

copy of the ordinance being adopted by reference, the county ordinance, must be available in the City Clerk’s office for public review. The Town is complying with these requirements.

The repeal of Chapter 6.04 of the County Ordinance and adoption of a new amended code as it relates to animal control and licensing, including clarifications to existing code, renumbering, and a revised schedule of fees, is set for adoption by the County Board of Supervisors on January 9, 2024.

ANALYSIS:

Chapter 6.04 of the San Mateo County Ordinance Code contains regulations regarding animal control in unincorporated San Mateo County. The animal control regulations are in place to protect the health and safety of County residents. The County’s animal control ordinance was originally adopted on October 23, 1951 and last updated on October 17, 2006, with several updates over the years.

The Animal Control and Licensing Program Manager of San Mateo County Health informed each of the cities/towns within the County that a process would begin to revise and update the Animal Control Ordinance, and invited all to participate in the discussion and development process. From that open invitation, the County Program Manager worked with a committee of five city attorneys, representing Half Moon Bay, Pacifica, Millbrae, Redwood City, and South San Francisco, as well as the County Attorney’s Office, and with ongoing input from the PHS, to develop a draft Animal Control Ordinance representative of all key stakeholders of San Mateo County animal control.

The committee of stakeholders identified opportunities to clarify existing language, remove repetitive language, and add substantive changes to the existing ordinances, with an emphasis on increasing efficiency in enforcement, clarifying language deemed confusing, and addressing deficiencies that had emerged after years of experience and enforcement under the current Chapter 6.04. The intent of the revised Chapter 6.04 is enhanced enforceability, streamlined processes, improved clarity in definitions based on real-world experience, and above all else, public safety.

As part of the development process, the Program Manager undertook a comprehensive study of other jurisdictions within California and in some circumstances sought feedback from those jurisdictions on how certain elements worked or did not work. The Program Manager carefully considered input from all relevant parties (including the cities within the County) in order to draft a proposed ordinance which reflects the interests of all stakeholders.

The following are the key provisions of the proposed ordinance updating Chapter 6.04:
• Updates existing definitions to improve enforcement capabilities and remove potential areas of confusion, particularly as relates to “Dangerous” and “Vicious” animal designations within the County.
• Lowers the rabies vaccination age requirement as consistent with current state law. -64-
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January 08, 2024

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• Updates language and enforcement regarding “Vicious” animals. An animal designated as “Vicious” is, in many circumstances, to be humanely euthanized. The proposed code raises the threshold for when an animal may be declared “Vicious” (and thus is to be euthanized) as is consistent with current standards and practical enforcement. For offending animals deemed a significant danger to the public, a “Vicious” animal designation is still applicable. • Updates language and enforcement regarding “Dangerous” animals. An animal designated as “Dangerous” is one which has exhibited behavior which indicates that heightened safety requirements for the keeping of such animal are required to ensure public protection. The proposed revised Chapter 6.04 revises and clarifies the threshold for when an animal may be designated as “Dangerous.” Currently, a Dangerous animal designation remains for the life of the animal; under the proposed revisions, an owner may apply for the designation to be lifted after a period of three (3) years if it has been safely maintained under the permit, removing the need for County oversight and enforcement. The Program Manager has found that most animals deemed “Dangerous” (about 90%) do not re-offend, and that the lifting of designations for animals deemed no longer a danger to the public is consistent with other jurisdictions, as well as state recommendations under the California Food and Agriculture Code. • Removes language indicating that an animal owner may not maintain a “Dangerous” animal in a home with a juvenile person under the age of eighteen (18). The committee could not find any other jurisdiction that had this restriction in an ordinance and is not aware of any instance in which it had actually improved public safety or in which it was enforceable. • Enable hearings regarding the designation of an animal as a “Dangerous” animal to proceed with or without the testimony of a victim, so long as sufficient evidence exists to support the designation. In many instances, an animal which may have otherwise been found to be “Dangerous” was not designated as such because a victim, or key witness, was unwilling or unable to attend a hearing.
• Clarify that certain acts or omissions by a victim or victim animal are not in itself sufficient to constitute “mitigating factors” in instances in which an offending animal should otherwise be declared as “Dangerous” or “Vicious.” For example, the failure of an owner of a victim animal to have that animal on a leash shall not, in itself, constitute a mitigating factor in any attack to avoid a designation of the attacking animal as “Dangerous.”
• Revise and update the fee schedule and further clarifies the offenses for which administrative citations may be issued for violations of the Chapter. The fee schedule was last updated in 2006 and the working group devised the recommended fees based upon comparative analysis of Bay Area agencies that provide similar services, appropriate allocation of resources and supplies in proportion to the service rendered and the animal size and if altered or unaltered, and to move closer to cost recovery (recommended fees do not represent full cost recovery). Overall, some fees are recommended to increase, stay the same or, in some cases, decrease. For example, board costs for small sized animals decreased, while board charges for altered dogs increased by $5 and unaltered dogs by $10 (unaltered pet fees remain higher than altered, as the overall goal is to encourage alteration and reduce pet overpopulation).
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January 08, 2024

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FISCAL IMPACT: Costs for the Town approved County animal control services agreement are included as part of the Town’s budgeting process. Town staff will return to the City Council to increase any fees that must be updated as part of the County’s updated licensing and animal control fees.

ENVIRONMENTAL ISSUES: This activity is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment.

In the event the activity is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.

ATTACHMENTS:

1. Town Ordinance

2. County Ordinance
PREPARED BY: Christopher J. Diaz, City Attorney
RECOMMENDATION:

1. Introduce and waive further reading of an ordinance entitled, "An Ordinance Amending Title 6 of the Hillsborough Municipal Code to Adopt by Reference the Animal Control Ordinance of San Mateo County, Consisting of Chapter 6.04 of Title 6 of the Code of Ordinances of the County of San Mateo, California and to Make Other Clarifying Updates, pursuant to CEQA Guideline 15378" and

2. Set a Public Hearing for adoption of the Ordinance on February 12, 2024. -66-
ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING TITLE 6 OF THE HILLSBOROUGH MUNICIPAL CODE TO ADOPT BY

REFERENCE THE ANIMAL CONTROL ORDINANCE OF SAN MATEO COUNTY, CONSISTING OF CHAPTER 6.04 OF TITLE 6 OF THE CODE OF ORDINANCES OF

THE COUNTY OF SAN MATEO, CALIFORNIA AND TO MAKE OTHER
CLARIFYING UPDATES, PURSUANT TO CEQA GUIDELINE 15378 AND 15061 WHEREAS, the Town of Hillsborough (“Town”) presently contracts with the County of San Mateo (“County”) to provide animal control services in the Town; and WHEREAS, the Town’s agreement for animal control services with the County requires the Town to adopt by reference the County’s animal control ordinance and all amendments thereto; and WHEREAS, the County has adopted an updated Animal Control Ordinance to clarify existing definitions, enact additional requirements for animal control, and revise the fees for animal control services; and
WHEREAS, the Town wishes to adopt the County’s updated ordinance by reference, including the penalty provisions therein, as set forth in full below.

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

Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety.

Section 2. The proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.

Section 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the Town of Hillsborough hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 4. This Ordinance shall go into effect 30 days following its adoption.

Section 5. Title 6 of the Hillsborough Municipal Code is hereby amended and readopted to read in full as follows:
“Title 6 – ANIMALS
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ATTACHMENT 1
Chapter 6.04 – GENERAL PROVISIONS

6.04.010. - Adoption of San Mateo County ordinance by reference.

A. Chapter 6.04 of Title 6 of the San Mateo County Code of Ordinances, entitled “Animal Control,” and any amendments thereto, is hereby adopted by this reference and made part of the Hillsborough Municipal Code and are, accordingly, made effective in this Town. Certified copies of Chapter 6.04 of Title 6, as adopted hereby, and any subsequent amendments, shall be deposited with the City Clerk, and shall be at all times maintained by the Clerk for use and examination by the public.

B. In the event of any conflict between the provisions of Chapter 6.04 of the Code of Ordinances of the County of San Mateo, California, hereinafter referred to as “The San Mateo County Animal Control Ordinance,” and the provisions of this Title, the provisions of this Title shall govern.

Chapter 6.08 – RESERVED.

Chapter 6.12 – RESERVED.

Chapter 6.16 – RESERVED.

Chapter 6.18 – Pet Population Control.

6.18.010 - Spaying/neutering.

A. Any person who owns or harbors any cat or dog over the age of six months which has not been spayed or neutered shall, as a condition to obtaining a license required by Chapter 6.04 of Title 6 of the San Mateo County Code of Ordinances, either (i) obtain a breeding permit pursuant to Section 6.18.020 or (ii) sign a written statement that the animal will not be allowed to breed unless the owner has first obtained a breeding permit under Section 6.18.020. This subsection shall also apply to any person who provides care or sustenance for a period of thirty days or longer to any cat or dog, other than barn cats or feral cats as set forth in subsection (B) of this section.

B. Subsection (A) of this section shall not apply to a person caring for barn cats or feral cats if such person does all of the following:

1. Registers (at no charge) with the Peninsula Humane Society or San Mateo County animal control services as a caretaker for barn cats or feral cats;

2. Regularly feeds or arranges for the feeding of the cats, including on weekends and holidays;

3. Traps or makes a reasonable effort to trap all barn cats or feral cats over the age of eight weeks in his or her care and has them spayed or neutered;

4. Has all trapped cats tested for feline leukemia and has those who test positive -68-
humanely euthanized or isolated indoors;

5. Identifies barn cats or feral cats (by means of ear notching, ear tipping, or ear tagging) that have been spayed or neutered; and

6. Has all trapped cats vaccinated according to state and local law.

6.18.020 - Breeding permits.

A. Any person who owns or harbors any cat or dog shall not cause or allow the animal to breed without first obtaining a breeding permit under this section and paying a breeding permit fee according to the schedule of fees for such services set forth under the San Mateo County Code of Ordinances. A breeding permit is required in addition to the license required by Chapter

6.04 of Title 6 of the San Mateo County Code of Ordinances. San Mateo County animal control services shall administer a permit program to allow breeding of cats and dogs consistent with the criteria and in accordance with the procedures contained in this chapter.

B. Breeding permits shall be valid for twelve months and renewable annually. All breeding permits shall contain the following terms and conditions and be subject to all of the following requirements:

1. No puppy or kitten may be sold or adopted and permanently placed until it is at least eight weeks old;

2. No puppy or kitten may be sold or adopted until immunized against common diseases or until it has begun a course of disease prevention under the direction of a licensed veterinarian;

3. If, within one year of an animal's placement, a new owner becomes unable or unwilling to continue ownership and responsibility of the animal, the permittee shall assist in placement of the animal. If no suitable placement can be found within six months, the permittee shall accept return of the animal, if healthy, and shall become fully responsible for its care;

4. Any permittee advertising to the public the availability of any animal for adoption or sale shall cause the permittee's breeding permit number to be prominently displayed in any such advertisement. Likewise, the permittee shall provide the permittee's breeding permit number to any person adopting or purchasing an animal bred by the permittee;

5. The permittee shall adhere to minimum standards developed and approved by the San Mateo county animal control services regarding the care and keeping of animals.

C. The occurrence of any one of the following shall be grounds for revocation of a breeding permit:

1. The permittee has violated any applicable ordinance or other law (of any jurisdiction) relating to the keeping, care, or use of any animal;

2. The permittee is in violation of any state health or safety law or regulation -69-
regarding animal care or control;

3. The permittee has failed to comply with any condition or requirement of the breeding permit or has failed to pay any fee imposed under this title;

4. The permittee has refused to allow inspection, upon forty-eight hours advance written notice, of any animal covered by the permit or of the premises on which the animal is kept; or

5. The permittee has transferred, sold, or otherwise disposed of the animal for which the permit was issued.

D. If, after inspection, the animal control officer concludes that it is probable that one or more of the above grounds for revocation exists, the officer shall cause written notice thereof to be mailed to the address of the permittee. The notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before an animal control officer. The date shall be not less than five days subsequent to the date the notice is mailed. After the informal hearing, the animal control officer may modify the terms of the breeding permit or may revoke the breeding permit.

E. The permittee may appeal the decision of the animal control officer to the county environmental health officer if the permittee gives written notice of such appeal within five working days after the decision.

6.18.030 - Sale or adoption of cats, dogs, or wolf hybrids.

A. Any person who provides or offers to the public, whether or not for compensation, any cat, dog, or wolf hybrid shall provide information to the public, free of charge, relating to pet care and ownership, including information, where applicable, on county laws pertaining to animal control. This required information shall be prepared and provided by San Mateo County animal control services upon request.

B. Any person offering any cat, dog, or wolf hybrid for sale or adoption shall provide any purchaser or adoptive owner with information regarding the licensing, registration, or permit requirements applicable to such animal.

C. No person shall offer for sale or adoption any cat, dog, or wolf hybrid on any public street or public park unless such person first obtains a business license to sell pets or is a recognized pet rescue/adoption agency such as Pets in Need and the Peninsula Humane Society.

6.18.040 - Penalty for violation.

Except as otherwise provided by this chapter, any violation of the provisions of this chapter shall be punishable as an infraction as follows:

First violation: A fine not to exceed one hundred dollars.

Second violation within one year: A fine not to exceed two hundred dollars. -70-
Each additional violation within the same year: A fine not to exceed five hundred dollars.

Chapter 6.20 - DOMESTIC—OTHER THAN HOUSEHOLD OR EXOTIC PETS

6.20.010 - Domestic animals.

It is unlawful for any person, firm, company or corporation to keep or maintain, or cause to be kept or maintained, within the town any domestic animal, including, but not necessarily limited to, any horse (except as allowed under Section 6.20.020), mule, donkey, ass, cow, goat (except as allowed under Section 6.20.030), hog, pig or fowl (except as allowed under Chapter 6.24); provided, however, that household pets (examples of which are dogs and cats and the following when kept as household pets and appropriately caged or confined and not otherwise prohibited under Section 6.28.030: rabbits, gerbils, guinea pigs, rats, mice, tropical fish, turtles, lizards and birds) shall not be subject to this prohibition.

6.20.020 - Permit for horses.

A. Any person wishing to keep one or more horses within the town shall first obtain a letter of permission to do so from the city manager or the city manager's designee. All applications for permission shall state the number of horses and the acreage of the property on which the horse(s) will be kept and such other information as the city manager or the city manager's designee may require.

B. Such permission shall be granted on the condition that such horse(s) not be or become an annoyance to surrounding residents or property owners and that the applicable provisions of this chapter be complied with. If at any time such horse(s) are or become an annoyance to surrounding residents or property owners or the keeping of such horse(s) is not in compliance with the provisions of this chapter or other applicable law, the city manager or the city manager's designee may revoke the permission to keep the horse(s).

C. No horse shall be kept on a parcel of land less than two acres in size. One or two horses may be kept on a two-acre parcel. For each additional three acres, one additional horse may be kept. (In other words, three horses may be kept on a five-acre parcel; four horses may be kept on an eight-acre parcel.)
D. No horse shall be allowed to run at large upon, or graze or feed upon, any public street, public land or unfenced private land. All horses shall be confined to a barn or stable during the nighttime unless under the direct control of a natural person.

E. Any barn, stable, corral or other enclosure in which the horse or horses are kept shall be located at least two hundred fifty feet from any dwelling (regardless of ownership or occupancy of the dwelling) and at least one hundred feet from the property line of property owned by any person, firm, company or corporation not owning the property on which the horse or horses are kept.

F. An authorized representative of the town shall be entitled at all reasonable times to enter any premises on which one or more horses are kept to verify compliance with the provisions of -71-
this chapter.

G. In the event of any inconsistency or conflict between the provisions of Chapter 6.20 and Chapter 8.12, the latter shall govern.

6.20.030 - Goats.

Notwithstanding the licensing provisions set forth in Chapter 6.04 of Title 6 of the San Mateo County Code of Ordinances, it shall not be unlawful for any person, firm, company, or corporation to engage the services of a herd of goats for the purpose of clearing vegetation from land within the town if such herd is at all times supervised and under the control of the owner of the herd or one or more employees of such owner and if the herd does not remain in the town overnight.

6.20.040 - Manure and fertilizer.

A. All manure, offal, soiled straw, and other refuse matter from all buildings, yards, or other places within the town where animals are kept, shall be collected at least once daily and shall be disposed of by one of the following methods:

1. The refuse may be removed from the premises at least once a day, and disposed of in a manner approved by the department of health;

2. The refuse may be daily collected and stored in ventilated bins or other receptacles of such construction as is approved by the department of health, so as to prevent the ingress of flies and other vermin, the bins to be emptied at least once in every ten days.

B. No manure shall be used for fertilizing purposes within the town.

Chapter 6.24 - BEES, WASPS, AND FOWL

6.24.010 - Bees and wasps.

A. Except as may occur naturally and without human aid or encouragement, no person shall keep, or allow to be kept, on any property within the town, any gathering of wasps. The same rule shall apply to bees unless the following conditions are met:

1. The bee hive or like place is situated more than fifty feet from any street, dwelling, or place of public assemblage, or the bees are in or on the dwelling of the owner of the swarm when reasonably necessary to allow the bees to commence working, to protect them from robber or killer bees, or for wintering.

2. The total number of hives or swarms kept within the town by the owner of the bees does not exceed three, and no more than three hives or swarms are kept on any one residential property within the town ("residential property" meaning the legal parcel or contiguous legal parcels which together are used as the location for one residence).

6.24.020 - Fowl.
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Unless permission is obtained as set forth in Section 6.24.030, no person shall keep, or allow to be kept, on any property within the town any domestic fowl, including, but not necessarily limited to, chickens, ducks, turkeys, and geese, or any wild fowl, including, but not necessarily limited to, squabs, pigeons, partridges, or peacocks; provided, however, that in no event shall any rooster of three months of age or more be kept within the town.

6.24.030 - Permission.

Any person wishing to keep any domestic or wild fowl (other than roosters of three months of age or more) on any property within the town shall first obtain a letter of permission to do so from the city manager or the city manager's designee. Such permission shall be granted on the condition that such fowl not be or become an annoyance to surrounding residents or property owners and that the applicable provisions of this chapter be complied with. If at any time such fowl is or becomes an annoyance to surrounding residents or property owners or the keeping of such fowl is not in compliance with the provisions of this chapter or other applicable law, the city manager or the city manager's designee may revoke the permission to keep the fowl.

6.24.040 - Yards, pens, corrals, chicken or bird houses.

A. All fowl permitted to be kept within the town shall be kept and confined within a yard, pen, corral, chicken or bird house, or other enclosure (all hereinafter referred to as "enclosure" or "enclosures") so constructed as to make escape impossible. No part of any enclosure shall be within one hundred twenty-five feet of any dwelling that is not owned, leased, or otherwise controlled by the resident of the property on which the enclosure is located.

B. All enclosures shall at all times be kept and maintained in a clean, sanitary and sightly condition; any enclosure found to be in an unclean, unsanitary or unsightly condition is hereby declared to be a public nuisance and subject to summary abatement as authorized by law.

Chapter 6.28 – RESERVED.

Chapter 6.30 – RESERVED.

Chapter 6.31 - REVIEW OF PERMITS AND LICENSES

6.31.010 - Periodic review of permits and licenses.

All permits or licenses for the keeping of any animal issued under this chapter shall be subject to periodic review by the city manager, city council, animal control officer and department of animal control services to determine compliance by the owner of such animal with the terms of such licenses or permits and the terms of this chapter or any other law, rule or regulation.

Chapter 6.32 – PENALTIES.

6.32.010 – Penalties; Continuing Violation.

A. A violation of any provisions contained in this Title 6 is hereby declared an infraction -73-
except for a violation of any provision of Section 6.04.050, subsection (a) of Section 6.04.090, or subsection (a) of Section 6.04.130 of the San Mateo County Animal Control Ordinance, a violation of which is hereby declared a misdemeanor.

B. Every day any violation of any provision of this Title 6 shall continue, that shall constitute a separate offense.

C. This Section shall not limit any other available criminal, civil or administrative remedies.

Any or all applicable remedies shall remain available for violation of the provisions of this Title

6. 6.32.020 – Amount of Administrative Fines for Violations.

A. Any person issued an administrative citation for a violation of this Title 6 or the San Mateo County Animal Control Ordinance shall be assessed and pay a fine as follows:

1. One hundred dollars ($100) for a first citation.

2. Two hundred dollars ($200) for a second citation for the same violation within a one-year period.

3. Five hundred ($500) for each additional citation for the same violation within a one-year period.

6.32.030 – Violations a Public Nuisance; Remedies Cumulative.

Violations of this Title 6 or of the San Mateo County Animal Control Ordinance are hereby declared a public nuisance subject to any and all applicable civil, administrative, and criminal remedies, according to the provisions and procedures set forth in this Municipal Code and other applicable state and local law.”
ORDINANCE NO. _ of the Town of Hillsborough introduced on , 2024, and adopted on , 2024, by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Mayor of the Town of Hillsborough
Attest: City Clerk
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1 ORDINANCE NO. _______

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA
* * * * * *
AN ORDINANCE REPEALING AND REPLACING CHAPTER 6.04 (ANIMAL CONTROL) OF TITLE 6 OF THE SAN MATEO COUNTY ORDINANCE CODE TO

CLARIFY EXISTING DEFINITIONS, ENACT ADDITIONAL REQUIREMENTS FOR

ANIMAL CONTROL, REVISE ANIMAL CONTROL SERVICE FEES
The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:

SECTION 1. Chapter 6.04 of the San Mateo County Ordinance Code is hereby repealed, and a new Chapter 6.04 is hereby adopted, to be entitled and numbered and to read as follows:

CHAPTER 6.04 ANIMAL CONTROL

6.04.010 – Definitions
The following words and phrases, when used in this Chapter shall have the meaning set forth below:
"Animal Control Officer" – any person designated as the Animal Control Program Manager for the County, as well as the head of the County’s animal control contractor and their duly authorized officers or deputies. In the event the County has no animal control contractor to provide animal control officers, or in cases of emergency in which additional animal control officers are needed, “animal control officer(s)” may include persons so designated by the Animal Control Manager.
"Animal Control Program" – that program established by the County and participating cities, and the Program’s animal control contractor(s), if any, which contractor is specifically charged with regulating and enforcing laws dealing with animal control within the participating jurisdictions. Animal Control Program includes the Licensing Program.
"Animal Control Program Manager" - that person employed by the County to oversee the Animal Control Program or designee.
"Animal Control Shelter" - A San Mateo County facility operated by the County, or by another public entity, an accredited, tax-exempt humane non-profit organization contracted with the County, or a for-profit business contracted with the County for the -75-
ATTACHMENT 2
2 purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed, homeless, abandoned, or unwanted animals.
“Caretaker” - any person 18 years of age, or older, who has assumed responsibility for the care, custody, or control of an animal(s). "Dangerous Animal" - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, that constitutes a danger to persons or animals, and/or demonstrates any of the following behavior(s):
(a) behavior that results in bodily harm that is less serious than a “Severe Injury”, or
constitutes a substantial threat of bodily harm to a person; or (b) an attack on another animal which results in an injury that is sufficient to require veterinary care even if not received.

An animal which has been declared by an out of county jurisdiction as "potentially dangerous," "dangerous," "vicious," or any other similar designation, may be deemed a Dangerous or Vicious animal for the purposes of this Chapter, as determined by an Animal Control Officer.
“Health Officer” - that person so designated by the County of San Mateo. “Humane Officer” - any person who is qualified and appointed pursuant to California Corporations Code Section 14502, and who is an employee of the County and designated as such by the County or an employee of a society for prevention of cruelty to animals or humane society that has contracted with the County to provide animal control services.
"Licensing Program” - that program within San Mateo County Health, including but not limited to, any County contractor specifically charged with regulating and selling animal licenses in the County of San Mateo.
“Owner" - any person 18 years of age or older who:
(a) holds the license to the animal; or
(b) if the animal is not licensed, is legally entitled to possession of the animal; or
(c) has exercised primary responsibility for the care of the animal for thirty (30) or more consecutive calendar days.
“Person” – means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, -76-
3 estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
“Severe injury" - Any physical injury to a human caused by an animal attack that involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites requiring sutures, broken bones and/or requires corrective surgery. “Service Animal” - any animal defined as such by federal or state law. "Vicious Animal" - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:
(a) Any animal that, at the time of the attack, is already designated as a Dangerous
Animal and/or is the subject of a Dangerous Animal Permit, and which is found to
have engaged in any of the following:
(1) behavior that results in bodily harm, or constitutes a substantial threat of bodily harm, to a person; or
(2) an attack on another animal which results in an injury that is sufficient to require veterinary care, whether or not received. (b) Any animal that inflicts Severe Injury to or kills a person. (c) Any animal which cannot be safely maintained with a Dangerous Animal permit.
(d) Any animal designated by another governmental jurisdiction as, “dangerous”, "vicious", or any other similar designation, if that prior designation is based on behavior which would meet the definition of Vicious under this Chapter, as determined by an Animal Control Officer.

6.04.020 - Animal Control Program.
(a) The Animal Control Program is responsible for the enforcement of this Chapter.

The duties of the Animal Control Program shall include, but not be limited to, the following:
(1) Provide animal control, sheltering services, and a rabies control program to carry out and enforce all provisions of this Chapter and California Health & Safety Code section 121690, and keep such records as may be required by law or contract.
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4 (2) Enforce the provisions of this Chapter and all applicable state and local laws relating to the care, treatment, and impounding of animals, and specifically to issue citations and to make arrests for violations of the provisions of this Chapter and related state laws, to the extent authorized by law.
(3) Impound animals found to be in violation of this Chapter in the interest of protecting public health and safety.
(4) Investigate animals pursuant to this Chapter or applicable state law and, if deemed appropriate, designate any such animals as Dangerous or Vicious pursuant to this Chapter.
(5) Impound animals which are in imminent or ongoing danger, or which are in need of safekeeping in order to protect the health and safety of the animal.
(6) Impound animals that are causing a threat to public safety. (7) Where authorized under the law, to enter upon any premises upon which any animal is kept in order to seize or impound of any animal if reasonable cause exists to believe that such animal is being kept or has behaved in violation of the provisions of this Chapter. (8) To remove and dispose of the carcass of any animal(s) found on any public right of way, except freeways or other areas maintained by Caltrans.
(9) Quarantine animals under the direction of the County Health Officer to ensure public health and safety.
(10) Euthanize and/or dispose of animal(s) humanely and in accordance with the law.
(11) Place for adoption, when appropriate, properly impounded animals if such animals are not redeemed after due notice to known Owners in accordance with the law.
(12) Provide and hold vaccination clinics in strategic locations throughout the County pursuant to Health and Safety Code 121690. (13) Provide or make available at low cost, spay/neuter surgeries to dogs, cats, and rabbits.
(14) Provide for issuance of an animal license for a period not to exceed the term of the anti-rabies vaccination, as provided by state law. -78-
5 (15) To collect any fees or charges provided for in this Chapter for the licensing, impounding and/or keeping of any animal, or for the enforcement of this Chapter.
(b) Animal Control Officers qualified under Penal Code section 830.9, who are either employees of the County designated as such by the County, or employee(s) of and designated as such by a society for prevention of cruelty to animals or humane society which has contracted with the County to provide animal control services, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants to the maximum extent allowed by law, for violations of state and local animal control laws. Animal Control Officers shall have the authority provided by state law including, but not limited to, that described by Penal Code section 830.9. Animal Control Officers must complete Penal Code section 832 training.
(c) Those employees of a society for prevention of cruelty to animals or humane society under contract with the County to provide animal control services, who have been appointed and qualify as humane officers under California Corporations Code section 14502, or its successor statute, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants, to the maximum extent allowed by law, for violations of state and local animal control laws. (d) The County may contract for animal control services to be performed countywide, including within cities, provided agreement is made with the participating jurisdictions.

6.04.030 - Rabies Vaccinations.
(a) Every dog or cat Owner shall ensure their animal is vaccinated for rabies by a licensed veterinarian in the manner prescribed or approved by state law and the State of California Department of Public Health, after the dog or cat attains the age of three (3) months of age and/or within ten (10) calendar days of acquiring an unvaccinated animal. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided by the Owner or Veterinarian to the Licensing Program or the County’s animal control contractor. (b) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog, or cat with rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the County-approved rabies vaccination form, within ten (10) calendar days of the beginning of each month, for any dog or cat which they vaccinate or direct to be vaccinated with anti-rabies during the previous month. An Animal Control Officer or Animal Licensing -79-
6 staff shall have the right to inspect records of rabies vaccinations during normal business hours.
(c) Upon receipt of a written request from a licensed veterinarian to exempt a microchipped pet from receiving a one or three-year vaccination, for medical reasons, the County Health Officer and/or designee shall review the basis for the request for exemption and approve or/deny said request.

6.04.040 - Dog and Cat Licenses.
(a) Licensing requirements for dogs and cats shall be as follows:
(1) An annual license shall be obtained, and an annual license fee shall be paid by the Owner for every dog or cat over the age of three (3) months owned or kept in unincorporated San Mateo County, and all cities within the County which adopt this Chapter. Said annual license fee shall be first due when the animal reaches three (3) months of age or within sixty (60) calendar days after the dog or cat is acquired, and due on the expiration date of the rabies vaccination and each year thereafter.
(2) New residents shall have sixty (60) calendar days in which to acquire such license.
(3) Persons renewing their license shall have thirty (30) calendar days following their due date before being found delinquent and assessed a late penalty.
(4) The fee for such license shall be as set forth in section 6.04.350 of this Chapter. The fee paid for the licensing of altered dogs and cats shall be less than said license fee for unaltered cats or dogs upon presentation of the proper certification. The license fee paid by persons over the age of 60 shall be at a discount.
(5) An Owner may obtain a three-year license for a cat or dog by submitting to the Licensing Program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees, as set forth in section 6.04.350 of this code. (6) Any person who fails to pay such license fee after said fee is due or said dog
or cat is required to be licensed, in addition to paying any past due license fee(s), may also be required to pay a late fee in accordance with Section 6.04.350 of this Chapter or may receive an administrative citation.
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7 (7) A license shall be obtained, but no license fee shall be payable, by the Owner of any dog being raised, trained or used as a service animal, or for dogs that have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of law enforcement. (8) Animals with microchip implants or other permanent identification acceptable to the Animal Control Program are not exempt from the mandatory licensing requirements.
(b) The licensing provisions in this Chapter are not applicable to the following:
(1) Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to section 1666 of the Health and Safety Code. (2) Dogs or cats used for teaching purposes in recognized educational institutions.
(3) Dogs or cats owned by veterinarians licensed by the State and kept on the premises used by said veterinarians in their practice. (c) Tags for dogs and cats shall be issued as follows:
(1) The Licensing Program shall procure and, when licensing fee is paid, issue a lifetime tag which shall bear the number of the license. A record shall be kept with the name of the Owner together with a description of the dog or cat for which the license is issued and the number of the license, and a tag shall be provided to such person upon payment for such license as provided by this Chapter. (2) Whenever a tag has been lost or stolen, the Owner of the animal may request a duplicate tag upon payment of the required fee. (3) The Owner of a licensed dog or cat shall affix such tag to a suitable collar, which collar shall remain on the dog or cat at all times. (4) When an animal has been designated as a service animal, the Owner may obtain a lifetime service tag and shall be required to follow the requirements in Section 6.04.030 (a). Said tag will replace a regular dog license.
(5) The owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold, adopted, or given away shall keep a permanent record of the name, address, and phone number of the purchaser of any dog or cat, along with the breed, color, sex, and age of each animal sold, adopted, or given -81-
8 away and shall forward such information to Animal Control Services within thirty (30) calendar days thereafter. An Animal Control Officer, County representative, or employee of the County’s animal control contractor shall have the right to inspect such records during normal business hours, with forty-eight (48) hours prior notice to the Owner or operator.

6.04.050 - Public Protection from Dogs.
(a) No Owner or possessor of a dog shall cause or allow such dog to bite, or physically threaten or harass any person unless necessary to protect the physical safety of a person.
(b) Every Owner or possessor of a dog shall prevent such dog from causing injury to another animal while such animal is lawfully upon public or private property. The failure of the owner of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (c) No Owner or possessor of a dog shall command or provoke such dog to attack, sic or threaten a person unless such action is necessary to protect the physical safety of a person.
(d) No Owner or possessor of a dog that resides in another county and is found to have violated this section shall thereafter allow such dog to be brought into San Mateo County unless the dog is fully enclosed in a vehicle and passing through to another location without stopping at any public or private premises within the County.

6.04.060 - Prohibited Conduct.

No Owner or other person having care, custody or control of any animal shall cause or permit it to do any of following:

(a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in this jurisdiction unless:
1) the animal is properly licensed, if such licensing is necessary hereunder,
and
2) the animal is controlled by a chain, lead rope, or leash, which is connected
to the animal’s collar, saddle, harness, or halter. This requirement is not applicable to cats, or to service animals under the complete control of the Owner or caretaker.
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9 An electric or invisible fence does not constitute an enclosure for the purposes of this requirement.
(b) To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property, or to habitually continue to trespass thereon.
(c) To suffer or permit such animal to habitually bark or meow or otherwise act to disturb the peace of any citizen or to be a public nuisance. (d) To be without proper and adequate food, water, shelter, care, and attention.
(e) No person shall possess within San Mateo County any animal designated by another jurisdiction as “potentially dangerous”, “dangerous”, or “vicious,” or other designation based on the animal’s potential danger to humans and/or animals, without previously notifying Animal Control and receiving express written permission from the Animal Control Manager for the animal’s presence or residence in San Mateo County. A failure to receive prior permission is in itself a sufficient basis for an Animal Control Officer or peace officer to seize and impound such animal. (f) Subsection (a) 1) 2) of this section shall not be applicable to cats.

6.04.070 - Protection of Animals in Motor Vehicles.
(a) No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of said animal due to heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of said animal.
(b) An Animal Control Officer, Humane Officer or peace officer may remove an animal from a motor vehicle if the animal’s safety reasonably appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. An Animal Control Officer, Humane Officer or peace officer is authorized to take all steps that are necessary for the removal of such animal from the motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort has been made to locate the Owner or other person responsible.
(c) If an animal is removed from a motor vehicle as set forth herein, the removing officer shall, if deemed necessary by the officer, take it to an animal shelter, veterinary hospital, or other place of safekeeping. -83-
10 (d) An Animal Control Officer or peace officer who removes an animal from a motor vehicle shall, in a conspicuous location on or within the motor vehicle, leave written notice bearing their name and office, and the address of the location where the animal can be claimed. The animal may be released to the Owner only after payment of all fees that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.
(e) Nothing in this section shall preclude prosecution under both this section and California Penal Code Section 597 or any other provision of state or local law.

6.04.080 - Release from Confinement.

No person other than the Owner, or person authorized by the Owner of the animal shall release any animal from any confinement, vehicle, or restraint unless such release is necessary for the immediate health and safety of the animal. This section shall not apply to Animal Control Officers, Humane Officers, and/or peace officers.

6.04.090 - Declaration of Dangerous Animal.
(a) No person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as Dangerous under this Chapter without obtaining a Dangerous Animal Permit from the Animal Control Officer. The animal Owner shall comply with all conditions of the Dangerous Animal Permit including, but not limited to, all requirements of section 6.04.100 of this Chapter. Any animal which is determined to be Dangerous under this Chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer, Peace Officer, or a County animal control contractor agency for appropriate disposition, which may include humane euthanasia.
(b) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer may consider any relevant facts and circumstances, including but not limited to:
(1) the alleged attacking animal’s prior history.
(2) the alleged attacking animal’s Owner(s) ability to comply with this Chapter, and/or compliance with any prior Dangerous Animal Permits held by the alleged attacking animal’s Owner(s). -84-
11 (3) whether any of the animals involved were previously deemed by a governmental jurisdiction as “potentially dangerous, “dangerous”, “vicious” or any other similar designation.
(c) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer, may consider the following mitigating factors:
(1) Whether at the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation:
(i) provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged
behavior;
(ii) committed a willful trespass or other tort upon the private property of the Owner or caretaker of the animal in the presence of the animal;
(iii) threatened or committed an unjustified attack or assault against the Owner, caretaker or other person in control of the animal in the presence of the animal
(2) Any other mitigating factor relevant to whether the animal poses a threat
to public health or safety. The failure of the Owner or person in control of a victim animal to have the victim animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (d) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as a Dangerous Animal, as long as sufficient evidence exists to support the designation. (e) In the event that an Animal Control Officer or peace officer determines it necessary to protect the health or safety of the public, or of any animal, they may immediately impound any animal according to the procedures set forth in this Chapter.
(f) If an Animal Control Officer or peace officer has investigated and determined
that an animal is Dangerous, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal pursuant to section 6.04.260.
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12 (g) Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner may request a hearing, which hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Dangerous Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared dangerous.
(1) Should the animal Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Dangerous Animal
designation will be final, and the animal Owner shall obtain a Dangerous Animal permit within seven (7) calendar days of the written notification that the animal has been declared Dangerous. (2) If the animal Owner requested a hearing and the hearing officer confirms the determination that the animal is Dangerous, the Owner must obtain the Dangerous Animal permit and meet the conditions required by such permit, within seven (7) calendar days of notice of such decision, unless the time is extended by an Animal Control Officer.

(3) If an animal is designated as Dangerous, but the Owner fails to obtain a Dangerous Animal Permit within the required timeframe, the animal will be deemed abandoned, and will be subject to disposition as deemed appropriate, including potential euthanasia by the County’s animal control contractor, at the discretion of the Animal Control Officer, peace officer or City or County representative. If not already impounded, the animal will be promptly impounded. The Owner of the animal shall be responsible for all costs of impoundment of the animal incurred prior to such abandonment.
(h) If after investigation by an Animal Control Officer or peace officer, that officer determines that the animal is not Dangerous, the victim or an Owner of a victim animal may appeal that determination, within seven (7) calendar days of notice of the decision given pursuant to section 6.04.260, by submitting to the Animal Control Officer or peace officer a written request for a hearing and paying the required fee. The Animal Control Officer or peace officer shall prepare a written report documenting its reasons for determining the animal not Dangerous and shall include evidence it has considered for and against the designation in its report.

The hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.
(i) No animal designated by the County as a Dangerous Animal may be transferred to a new place of residence or to a new Owner or Caretaker -86-
13 without prior written approval of the Animal Control Program Manager.

Prior to the relocation, a written request for the relocation must be delivered to the Animal Control Program Manager and the County’s animal control contractor, if any, at least 30 calendar days prior to the relocation. (j) If an Animal Control Officer declares an animal as Dangerous which has already been declared Potentially Dangerous or Dangerous by another jurisdiction located outside of the County of San Mateo, the Owner of such animal must obtain and comply with a Dangerous Animal Permit at least seven (7) calendar days prior to moving the animal into the County. The animal shall not reside in the County of San Mateo until the Dangerous Animal Permit has been issued by the Animal Control Program and the Owner meets the conditions of said permit.
(k) A permit issued under this section is subject to renewal annually. An annual inspection of the location where the animal resides will be performed by an Animal Control Officer. Inspections may occur at any reasonable hour and will occur at least annually. The fee for such permit and inspection shall be as set forth in section 6.04.350 of this Chapter.

Fees shall not be refundable. If the registered Owner fails to pay the permit fee and/or comply with the requirements of the permit within ten (10) calendar days of the annual inspection date, the permit may be revoked and the animal may be impounded for appropriate disposition, as determined by an Animal Control Officer, peace officer, County contracted agency or City designee, including humane euthanasia.
(l) A Dangerous Animal designation is a designation that remains with that animal for its lifetime, unless terminated as provided by this subsection. A Dangerous Animal designation may be terminated if all of the following criteria have been met, as determined by an Animal Control Officer or peace officer and the Animal Control Manager and/or City designee:
(1) The Owner has complied with all Dangerous Animal Permit requirements for a period of three (3) years and the animal has not been found to have committed any violations of the requirements of the permit, or of this Chapter, or any other applicable animal control laws, for the duration of that period.
(2) The animal has remained current on all rabies or similar required vaccinations and has remained current on its licensing and paid all fees for the duration of the three (3) year period.

If an animal Owner disputes a finding that the Dangerous Animal designation will not be terminated, the animal Owner may request an administrative hearing to be held according to the procedures set forth in section 6.04.150 of this Chapter.
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14 6.04.100 - Dangerous Animal Permit Requirements.
(a) Any Owner of a Dangerous Animal shall ensure compliance with the following rules and regulations which shall be mandatory requirements for any Dangerous Animal Permit:
(1) When the animal is off the property of its Owner, ensure that the animal is not kept upon any unenclosed premise unless said animal is leashed and muzzled with a cage or basket muzzle, or any other muzzle approved by the Animal Control Officer. The leash shall not exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and shall be under the direct control and supervision of the Owner or a person of such age, size, and strength as can easily control such animal. Extraordinary care shall be taken by the Owner and/or caretaker to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other persons or animals.
(2) Ensure said animal is never kept on any unenclosed premises even if tethered, tied or staked.
(3) Ensure said animal is kept in a fenced yard, kennel, dog run or other enclosure, sufficient to prevent the escape of the animal or entry of young children, as approved by the Animal Control Officer or peace officer. An electric or invisible fence is not an acceptable means of enclosure for the purpose of this requirement. (4) Maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter person, or other person who has the lawful right to enter the property.
(5) Ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the fenced yard, kennel, run or enclosure.
(6) Regularly inspect the fenced yard, kennel, dog run or enclosure to ensure that it is secure to maintain the animal and keep young children out.
(7) Allow inspections by any Animal Control Officer or peace officer at any reasonable hour of the premises or premises upon which the animal is maintained.
(8) Pay permit and property inspection fees as set forth in section

6.04.350 of this Chapter within (10) ten calendar days of the permit issuance or renewal.
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15 (9) Obtain and post approved sign(s) from the Animal Control Program after payment of a non-refundable fee as set forth in Section

6.04.350 of this Chapter. Sign(s) shall be conspicuously posted in a manner visible to the public at all entrances to the property where the animal is kept, warning persons of the presence of a Dangerous Animal as directed by the Animal Control Officer or peace officer.

Such sign(s) must be surrendered in the event of the revocation of the permit, death of animal, or approved relocation of the animal. (10) Advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said Dangerous Animal.
(11) Ensure said animal wears, at all times, a separate Dangerous Animal tag issued by the Animal Control Program in addition to complying with license requirements as defined in Section 6.04.040 of this Chapter.
(12) Ensure said animal be microchipped and inform the Animal Control Officer with the microchip number within thirty (30) calendar days from the date the Dangerous Animal Permit was issued.
(13) Within forty-five (45) calendar days from the date the Dangerous Animal Permit was issued, unless this period is extended by the Animal Control Manager or city representative at their sole discretion, said animal shall be spayed or neutered by a California licensed veterinarian, at Owner expense, and within those forty-five (45) days, the Owner shall also present written proof to the Animal Control Officer that the surgery was performed. In the event an animal cannot be safely altered, due to a medical reason, the Owner shall present the Animal Control Program Manager and Animal Control Officer with a written request from a California licensed Veterinarian stating the medical reason(s) that the animal should not be altered. The County Health Officer or designee will approve or deny the request. If said request is denied, the animal shall be altered by a California licensed Veterinarian within fifteen (15) calendar days from the date of notification that the request was not approved, and within those fifteen (15) calendars days provide such written proof to the Animal Control Officer that the surgery was performed.
(14) Notify an Animal Control Officer and the Animal Control Program Manager of the animal's death within twenty-four (24) hours and produce the animal's body for verification upon request. (15) Notify an Animal Control Officer and the Animal Control Program Manager immediately in the event the animal becomes lost, stolen, -89-
16 or escapes from its fenced yard, kennel run, or enclosure. (16) Pay all reoccurring of additional fees within ten (10) calendar days of service of the invoice or annual permit. Non-payment of fee may result in the permit being revoked unless a payment plan has been approved by the County or City.
(17) Comply with all other permit conditions or requirements imposed by an Animal Control Officer, peace officer, or hearing officer pursuant to this Chapter.
(18) Comply with all local and state laws regarding the care, use, control, and maintenance of animals.
(b) Any Owner of a Dangerous Animal shall ensure compliance with the following additional requirements, if directed to do so by an Animal Control Officer, peace officer and/or hearing officer:

(1) Prove financial responsibility by posting a bond or certificate of insurance for an amount of three hundred thousand dollars ($300,000) per animal within thirty (30) calendar days from the date of the Dangerous designation. Bond or certificate of insurance will be provided to the Animal Control Program Manager annually prior to expiration of said bond or certificate.
(2) Provide private behavioral and obedience training to the animal, at the Owner’s expense and within the time set forth by the hearing officer or an Animal Control Officer following the issuance of a Dangerous Animal Permit. Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by an Animal Control Officer shall be provided to the Animal Control Officer and Program Manager of Animal Control within seven (7) calendar days following the completion of the mandatory training, but not more than ninety (90) calendar days from the date of the Dangerous designation.
(3) Comply with any other permit requirements determined to be reasonably necessary to protect the public’s health or safety and/or the health or safety of other animals.
(c) No more than two Dangerous Animals may be kept by any person(s) at any one household, residence, business, or other location, without prior written approval of the designee of the appropriate jurisdiction. -90-
17 6.04.110 - Revocation or Modification of Dangerous Animal Permit. (a) Any Dangerous Animal permit issued pursuant to this Chapter may be revoked or modified by the inclusion of additional requirements or otherwise, if the Animal Control Officer or peace officer has reasonable cause to believe any of the following to be true:
(1) The dangerous animal Owner or any person to whom the Owner has given care, custody, or control of the animal has violated any local or state laws relating to the keeping, care or use of any animals.
(2) The Owner or any person to whom the Owner has given care, custody, or control of the animal has violated any dangerous animal permit conditions, or any requirement imposed by the Animal Control Officer, peace officer, or hearing officer.
(3) The Owner or any person to whom the Owner has given care, custody, or control changed the location of his/her residence or his/her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued without first notifying an Animal Control Officer as outlined in Section 6.04.090
(4) The Owner or any person to whom the Owner has given care, custody or control of the animal has changed the residence or premises where the animal is maintained without first complying with the guidelines set forth in Section 6.04.090
(5) The Owner or any person to whom the Owner has given care, custody, or control of the animal is unable or unwilling to comply with the conditions of the dangerous animal permit.
(b) In the event that it is reasonably necessary to protect the public or an animal’s health and safety, the Animal Control Officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place.
(c) If, after investigation, the Animal Control Officer or peace officer concludes that there is probable cause to believe that one or more of the above conditions for revocation or modification of the permit has occurred, the officer shall deliver written notice of revocation or modification to the Owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the Owner of the animal wish to contest the revocation or modification of the permit, the Owner may request an administrative hearing to be held before a hearing officer, as designated by the Animal Control Program Manager, within seven (7) calendar days -91-
18 of receiving the notice of revocation. Said administrative hearing date shall be not less than seven (7) calendar days or no more than (20) twenty calendar days after the date the request for hearing is received by the Animal Control Manager. The administrative hearing shall be conducted as set forth in section 6.04.150 of this chapter. The hearing officer conducting the hearing may either modify the terms of the permit or revoke the permit.

Any party to the hearing has the right to appeal the administrative hearing decision to the County of San Mateo Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant to California Civil Procedure, Section 1094.5 and 1094.6.
(d) Upon written notice by the Animal Control Officer, peace officer, or hearing officer, if a hearing was held, if any modifications to a dangerous animal permit are made, the Owner shall immediately comply with such modified permit requirements.
(e) Upon written notice from an Animal Control Officer, peace officer or hearing officer of the revocation of a Dangerous Animal permit, the Owner of such animal shall within two (2) calendar days of such notification, surrender said animal to an Animal Control Officer. The Dangerous Animal shall be impounded and humanely euthanized unless the County designee or City designee has approved a different disposition. At the sole discretion of the appropriate City or County representative, such animal may be permanently removed from the County of San Mateo to another jurisdiction with written approval from that jurisdiction.

6.04.120 - Possession of Animals After Revocation of Dangerous Animal Permit.

No Person who has been determined to be in possession of or had Ownership of a Dangerous Animal for which a permit has been revoked under this chapter shall be granted any Dangerous Animal permit for a period of three years following such determination or revocation.

6.04.130 - Declaration of Vicious Animals.
(a) No person shall keep, have, maintain, sell, trade, or let for hire an animal which has been designated as Vicious under the provisions of this Chapter.
(b) If an Animal Control Officer and/or peace officer has investigated and determined that an animal is Vicious, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal. Service of notice shall be made in accordance with section

6.40.260 subdivision (a) of this Chapter. An Animal Control Officer and/or Peace Officer shall immediately impound the animal, or cause to be -92-
19 impounded, the animal according to the procedures set forth in Section

6.04.160 of this Chapter. The animal shall be deemed abandoned and shall be humanely euthanized unless the County designee or City designee has approved a different disposition or unless the Owner timely requests an administrative hearing.
(c) In determining whether an animal shall be designated Vicious, in addition to any other facts and circumstances of the incident(s), the applicable decision-maker may consider the following potentially mitigating factors. (1) Whether at the time of the injury, attack or molestation, the person or animal suffering the injury, attack, or molestation:
(i) provoked, tormented, teased, abused, or assaulted the animal, thereby causing or contributing to the alleged
behavior
(ii) committed a willful trespass or other tort upon the private property of the Owner or caretaker of the animal; and/or (iii) threatened or committed an unjustified attack or assault against the Owner, caretaker, or other person in control of the charged animal.

The failure of the Owner or other person in control of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(2) Whether the Owner is willing and able to comply with the conditions of a Dangerous Animal permit, and whether the animal can be safely maintained on a Dangerous Animal permit
considering the nature of the attack and cooperativeness and abilities of the Owner.
(d) The decision-maker may also consider, among any other relevant facts and circumstances, the following factors:
(1) whether any of the animals involved were previously deemed by any governmental jurisdiction as, "dangerous", "vicious", or any other similar designation, and/or the animal Owner’s prior compliance or lack thereof with any applicable dangerous animal permit requirements or this Chapter;
(2) the attacking animal’s history of attacks, bites or threatening behavior;
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20 (3) whether the animal demonstrated such aggressive behavior that it is reasonable to conclude that the animal cannot be safely maintained with a Dangerous Animal permit; and
(4) whether the Owner is unable or unwilling to comply with the conditions of a Dangerous Animal permit.
(e) Should the Owner of the animal wish to contest the Vicious Animal designation, the Owner may request an administrative hearing to be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Vicious Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared Vicious.
(f) Should the Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Vicious Animal designation will be considered final for purposes of exhaustion of administrative remedies, and the animal will be subject to disposition by the Animal Control Officer, peace officer, or City or County designee. The Owner shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. (g) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as Vicious as long as sufficient evidence exists to support the designation.
(h) If after investigation, an Animal Control Officer and/or peace officer determines that the animal is not Vicious, the Officer will prepare a written decision upon request by any victim suffering physical injury or an Owner of a victim animal, either of whom may appeal that determination. Any victim suffering physical injury as a result of the attack, or Owner of a victim animal, may appeal the determination that an animal is not Vicious by submitting, within seven (7) calendar days of the service of the decision pursuant to section 6.04.260, a written request to the Animal Control Officer for an administrative hearing and paying the required fee as set forth in Section 6.04.350 of this Chapter. The administrative hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.

6.04.140 - Providing False Information.

It shall be unlawful for a person to willfully and knowingly provide false or misleading information to Animal Control Program staff, including but not limited to an Animal Control Officer, Peace Officer, Animal Control Program Manager, and/or -94-
21 Hearing Officer regarding animal Ownership, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state or local law.

6.04.150 - Administrative Hearing Procedures.
(a) Administrative hearings held under this Chapter shall be conducted by a hearing officer or designated representative appointed by the Director or designee of the San Mateo County Health. Any city contracting with the County for animal control services may elect to utilize the services of any San Mateo County designated hearing officer to conduct hearings on behalf of the city pursuant to that city's animal control ordinances. The hearings shall be scheduled no less than seven (7) calendar days and no more than fifteen (15) calendar days from the receipt of the request for the hearing unless the hearing officer finds good cause for continuance. (b) The Animal Control Officer or peace officer conducting the investigation shall provide their investigation report and any evidence gathered by the officer to the Animal Control Manager or designee no less than 72 hours prior to said administrative hearing. The Animal Control Manager or designee will promptly provide the report to the parties to the case, including the Owner of the subject dog and the Owner of the victim dog. (c) The administrative hearing shall be conducted in an informal manner consistent with due process of law. Any party may be represented by counsel. The parties may present relevant evidence including witnesses.

The strict rules of evidence shall not be applicable. Any relevant evidence, including but not limited to hearsay evidence, may be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs. The hearing officer shall decide the matter based on preponderance of the evidence presented at the hearing.

The administrative hearing shall be recorded, and all documentary evidence submitted at the administrative hearing shall be preserved by the Animal Control Manager for a period of no less than two years. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.
(d) The hearing officer may exclude disorderly or disruptive persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the administrative hearing.
(e) The hearing officer may decide all issues for or against the Owner(s) of the involved animal(s) even if the Owner(s) fail to appear at the hearing. (f) Within seven (7) calendar days of the administrative hearing, the hearing officer shall render a written decision, which shall be final for the purposes -95-
22 of exhaustion of administrative remedies upon the date of mailing. The Animal Control Manager or designee shall mail the written decision and affidavit/certificate of mailing showing the date of mailing, on behalf of the hearing officer, by first class mail, postage prepaid. The decision will be mailed to the Owner of the alleged Dangerous or Vicious Animal, the victim or Owner of the victim animal, and the investigating Animal Control Officer or peace officer.
(g) If the animal is designated Dangerous, the Owner must apply for and obtain a Dangerous Animal permit as provided by this Chapter within seven (7) calendar days of the decision letter in order to maintain the animal and the Owner must comply with all mandatory Dangerous Animal permit rules and regulations as defined in section 6.04.120 of this Chapter.

A hearing officer may impose additional permit requirements as set forth in this Chapter.
(h) If the animal is designated Vicious, the Owner of such animal shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. An animal designated as Vicious will be held at the animal shelter for a minimum of seven (7) calendar days from the date of the hearing officer's decision, prior to any proposed euthanasia.
(i) Unless the hearing officer for good cause otherwise determines, the party requesting the administrative hearing is liable for all costs related to such hearing. A determination by the hearing officer that the animal is not dangerous or vicious shall constitute good cause.
(j) Hearing officer decisions are appealable to the San Mateo County Superior Court by filing a Petition for Writ of Administrative Mandate pursuant to California Civil Procedure, Section 1094.5 and 1094.6. (k) The procedures and/or definitions pertaining to potentially dangerous and vicious dogs set forth in the California Food and Agricultural Code Chapter 9, beginning with section 31601, are not adopted and do not apply within San Mateo County. As authorized by Food and Agricultural Code section 31683, the County has adopted its own program for regulation of dangerous and vicious dogs as contained in this Chapter.

6.04.160 - Animals to Be Impounded.
(a) The Animal Control Program may impound any animal kept or found under conditions that constitute a violation of this Chapter or other state or local law. The animal's Owner shall be responsible for all costs incurred or fees applicable with respect to such impoundment and maintenance in the shelter.
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23 (b) An Animal Control Officer or peace officer may impound or cause to be impounded an animal when there is reasonable cause to believe that such animal posed, or poses, a threat to the public’s health and safety, or the health and safety of another animal. The animal may remain impounded for a period not to exceed fifteen (15) calendar days in order to investigate, and to determine whether or not said animal is Dangerous or Vicious as defined by this Chapter. In calculating the fifteen (15) calendar days, the first day of impoundment is not included. If an animal is not impounded within fifteen (15) calendar days after an investigation began, the Animal Control Officer or peace officer shall make a determination whether or not the animal is Vicious or Dangerous and shall notify the Owner of said animal as soon as reasonably practical thereafter.
(c) Within twenty-four (24) hours of the impoundment of any animal, the impounding Animal Control Officer shall serve the Owner of the animal with notice of the impoundment.
(d) No impounded animal may be redeemed unless and until any required license fee and/or other applicable charges and fees have been paid. In the event such animal is not redeemed within the time set forth by State law, it shall be deemed abandoned and may be adopted, transferred to a rescue, or disposed of in the manner determined by the Animal Control Program. The Animal Control Program shall issue to the Owner or person responsible of the care, custody, and control of said animal a receipt showing an itemized description and the amount of the fee(s) paid. (e) The Animal Control Program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the person redeeming, adopting, or purchasing, the fees, and/or charges related to the animal. Said records shall be kept for a period of seven (7) years.

6.04.170 - Stray Animals.

Any person who finds or picks up a stray or lost animal shall report the same to the Animal Control Shelter within twenty-four hours thereafter and shall release such animal to the Animal Control Shelter upon demand.

6.04.180 - Epidemics.

The San Mateo County Health Officer may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the County. Upon the making of such a declaration, the Health Officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appropriate control of all the animals concerned within -97-
24 the County. Said rules and regulations of the Health Officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction. It shall be the duty of the Animal Control Officers to assist the Health Officer in carrying out such rules and regulations.

6.04.190 - Bite Reporting Requirements.
(a) Any Owner or other person who is responsible for the care, custody, or control of an animal that bites a human or other animal shall provide their name and current residence address and telephone number and shall present their driver's license or other form of identification and any information regarding any rabies vaccination for the biting animal to the person bitten or the Owner of the animal bitten. If the person bitten is a minor, the Owner or person in control of the biting animal shall provide the required information to the parent or guardian of the minor. (b) In addition to the above requirements, it shall be the duty of any person having knowledge of any animal which has bitten a human being or other animal within the County to immediately, in no case later than the end of the next calendar day, report the bite to an Animal Control Officer or peace officer and to furnish as much information as possible, including date, time and location of bite, description of animal or person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal.

6.04.200 - Administrative Citations.
(a) Should an Animal Control Officer, Humane Officer or peace officer determine that a person has violated any provision this Chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in section 6.04.260, to the person violating the Chapter.
(b) Each administrative citation shall contain the following information:
(1) The name and address of the Owner or other person to be cited. (2) The date(s) of the violation.
(3) The address or a specific description of the location where the violation occurred.
(4) The section, subsection, and/or provision of this Chapter violated by the person cited and a description of that violation.
(5) A prohibition of the continuation or repetition of the violation described in the administrative citation.
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25 (6) If applicable a description of the potential consequence(s) should the violation continue or be repeated.
(7) Either:
i) The amount of the administrative fine charged and to be paid by the person cited as a result of the violation; or
ii) A notice to correct a certain violation within a reasonable time, and the amount of an administrative fine that may occur if the violation is not corrected or remedied by the date specified.
(8) A description of the procedure to pay the fine, to include the time period for and place of payment, and the process by which the County may collect any unpaid amount owed.
(9) A description of the administrative citation review process, including the time within which the administrative citation may be appealed and how to appeal the administrative citation, including any form to do so.
(10) The name and signature of the citing Animal Control Officer, Humane Officer or peace officer or County designee.
(c) An administrative citation may be any format, including letter, which conveys the information set forth above.

6.04.210 - Appeal of Administrative Citation.
(a) A recipient of an administrative citation may contest the citation including, but not limited to, on the basis that the underlying violation did not occur, or that recipient is not the party responsible for the violation and thus was the improper recipient of the administrative citation. The recipient must contest the citation on the form provided by the Animal Program Manager or Animal Control Officer and file the appeal with the Animal Control Program Manager within twelve (12) calendar days from the date of service of the administrative citation. Any appeal not timely filed will be rejected.
(b) The appeal shall contain the following provided by the person appealing the citation:
(1) The name, mailing address, and telephone number of the party requesting the appeal;
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26 (2) A copy of the administrative citation or a reference number thereto; (3) A statement of the grounds for the contest, including a description of the evidence to be presented in support of the contest and copies of any statements or documents to be submitted at the hearing in support of the appeal.
(4) The signature of the appealing party;
(5) A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is successful.
(c) Should an appeal be properly and timely requested, the requesting party shall be provided a hearing before a hearing officer to be held pursuant to the procedures set forth in section 6.04.150 as applicable. The Animal Control Program shall notify the person requesting the appeal hearing of the time and place set for the hearing pursuant to section 6.04.260.

6.04.220 - Payment of Administrative Fines.
(a) In the absence of an appeal by the recipient of the administrative citation, the person cited shall pay the administrative fine in full within thirty (30) calendar days from the date of service of the notice of citation. In the event of an appeal, after which the violation is upheld, if not already paid, the fine shall be paid in full within ten (10) calendar days after the date that the decision of the hearing officer was served on the recipient. (b) Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further enforcement of the same or any similar violation or any other violation by any applicable means.
(c) Failure to pay any fines assessed within the guidelines set forth in this Chapter will result in a late charge pursuant to section 6.04.230, which will be collected by the Animal Control Program Manager.

6.04.230 - Amount of Administrative Fines.
(a) Any person issued an administrative citation for a violation of, and pursuant to, this Chapter shall be assessed and pay a fine as follows:
(1) One hundred dollars ($100) for a first citation.
(2) Two hundred dollars ($200) for a second citation for the same violation within a one-year period.
(3) Five hundred ($500) for each additional citation for the same violation within a one-year period.
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27 6.04.240 - Misdemeanor Violations.
(a) A person violating any provision of this Chapter shall be guilty of an infraction except as otherwise specifically provided.
(b) A person violating any provision of section 6.04.050, subsection (a) of section 6.04.090 or subsection (a) of section 6.04.130 of this Chapter shall be guilty of a misdemeanor.
(c) This section shall not limit any other available criminal, civil or administrative remedies. Any or all applicable remedies shall remain available for violation of the provisions of this Chapter.

6.40.250 - Violation of Chapter a Public Nuisance; Remedies Cumulative. (a) Violation of this Chapter is a public nuisance subject to any and all applicable civil, administrative, and criminal remedies, according to the provisions and procedures set forth in this Chapter and other applicable state and local law.
(b) This section is not intended to limit any other available criminal, civil or administrative remedies. Any or all applicable administrative, civil and /or criminal remedies shall be available for violation of the provisions of this Chapter.
(c) Each day a violation continues shall constitute a separate violation.

6.40.260 - Service of Documents and Notices.
(a) Unless otherwise specified herein, the appropriate representative of the Animal Control Program shall provide any required notice or service of documents in the one of the following manners: (1) by personal delivery to the person to be notified or served; or (2) by posting on the property at the address where the subject animal is licensed or the Owner of such animal resides; or (3) by depositing in the United States Mail, in a sealed envelope, first class postage prepaid, and addressed to such person to be notified or served at their last-known business or residence address or as the same appears in the last equalized County assessment roll. Service by mail shall be deemed complete at the time of deposit in the United States Mail receptacle and shall include a declaration or affidavit of service which shall include notice of the date mailed. If agreed in writing by the person to be served, notices or documents may be served electronically at the address provided by the person to be served, to be effective upon being sent.
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28 (b) Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.

6.04.270 - Field Return Fee.

A fee shall be charged for any animal impounded by a representative of the Animal Control Program and returned by an Animal Control Officer in the field to the Owner or person who is responsible for the care, custody, or control of the animal. The fee charged shall be paid by the Owner or person who is responsible for the care, custody, or control of said animal. Such fee shall be set forth in Section 6.04.350.

6.04.280 - Redemption and Spay/Neuter Fee.
(a) Upon redemption of any impounded unaltered animal, the person responsible for the care, custody or control of any animal will be required to pay a spay or neuter fee in the amount of $100.00 in addition to the impound fees imposed under Section 6.04.350 of this Chapter. Such fee shall be refundable upon proof of spay and neuter of the animal within thirty (30) calendar days following the date of redemption. (b) Any unaltered animal impounded twice or more within a three-year period shall be altered at a cost to be paid by the Owner/caretaker or person responsible for the care, custody, or control of said animal prior to redemption. At the option of the Owner/caretaker or person responsible for the care, custody, or control of said animal, required spaying or neutering may be performed by a private veterinarian within thirty (30) calendar days.
(c) Any Owner or Caretaker of an impounded animal subject to mandatory spay/neuter under Subsection (b) of this Section may appeal this requirement by submitting a written request for an administrative hearing to the Animal Control Program Manager. The administrative hearing will be conducted according to the provisions of Section 6.04.150 of this Chapter.
(d) The Animal Control Program Manager may waive any County or City fee for County or City spay/neuter, vaccination or impoundment of an animal, if the animal is a feral or stray cat and the person bringing the animal to the shelter agrees that the person shall have no rights in the animal or any right to direct or control treatment or disposition of the animal by the Animal Control Program which will retain sole discretion in determining the disposition of the animal, which may include but not be limited to treatment and/or adoption, or euthanasia.

6.04.290 - Quarantine Fee.

A quarantine fee, as set forth in Section 6.04.350, shall be paid by the Owner or caretaker of any animal involved, or potentially involved, in a bite. Such quarantine fee -102-
29 is in addition to any other fees charged set forth in Section 6.04.350 of this Chapter to recover costs incurred by the Animal Control Program for the sheltering and caring for the quarantined animal.

6.04.350 - Schedule of Fees and Charges.

This Section 6.04.350 sets forth the fees for the Animal Control Program and Licensing Program. No animal shall be released to its Owner, or other person responsible for the care, custody, or control of the animal, unless applicable fees have been paid.

Animal Control and Licensing fees and charges established by this code are as follows:
(a)
(a) License Fees.

Dogs
Unaltered dog
1-year license $55.00
3-year license $160.00
Unaltered dog Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
$23.00
$64.00
Altered dog
1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
Cats
Unaltered cat
1-year license $20.00
3-year license $55.00
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30 Unaltered cat Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
$12.00
$31.00
Altered cat
1-year license $8.00
3-year license $19.00
Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license $5.00
3-year license $12.00
Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges
Type A & B (large or medium size animals — horses, cows, hogs, sheep, etc.)
Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use) $100.00
Type C (dogs, and cats)
Impound Costs — First Impound
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $65.00
Altered — unlicensed, no tag $55.00
Unaltered — unlicensed, no tag $85.00
Impound Costs — Second Impound
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $125.00
Altered — unlicensed, no tag $105.00
Unaltered — unlicensed, no tag $140.00
Impound Costs — Third Impound
Altered — licensed, wearing tag $135.00
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31 Unaltered — licensed, wearing tag $155.00
Altered — unlicensed, no tag $155.00
Unaltered — unlicensed, no tag $180.00
Impound Costs — Fourth Impound
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $215.00
Altered — unlicensed, no tag $200.00
Unaltered — unlicensed, no tag $240.00
Impound Costs — Fifth Impound and up
Altered — licensed, wearing tag $225.00
Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs/ $25.00
Unaltered — dogs/ $35.00
Altered — cats $16.00
Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other) Impound cost $20.00
Board cost $10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
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32 Surrender $40.00
Euthanasia $30.00
DOA Disposal $15.00
Litter of Three or more
Surrender $50.00
Euthanasia $40.00
DOA Disposal $20.00
Bird/Fowl
Surrender $20.00
Euthanasia $15.00
DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.) Surrender $25.00
Euthanasia $25.00
DOA Disposal $20.00
Farm Animals
Surrender $60.00
Euthanasia: Under 100 pounds
Over 100 pounds
$60.00
$125.00
DOA Disposal: Under 100 Pounds
Over 100 pounds
$30.00
$100.00
(d) Other Animal Control Fees
Quarantine Fee $60.00
Dangerous Animal Permit (DAP) Fee $300.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or Exotic Pet Fee $100.00
Return Check Fee $25.00
Service Dog Application Processing Fee $50.00
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33 (b) Miscellaneous Fee Provisions
(1) The Animal Control Program, and/or Licensing Program, may establish
license discounts for recognized animal rescue organizations. (2) License fees include a one dollar ($1) annual surcharge on all licenses for
the animal population trust fund.
(3) At the discretion of the Animal Control Program Manager, a payment plan
for all fees outstanding may be permitted upon a showing of good cause. If a person is in compliance with an agreed upon payment plan, their outstanding balance shall never be considered “nonpayment” as that term is used in this Chapter.
(4) The animal control fees for any animal related service not specified in this section shall be reviewed by the Chief of Health or their designee for reimbursement of costs. The Chief of Health or their designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the Owner or caretaker of the animal(s) for which said service(s) have been provided.
(5) Each calendar year, the Animal Control Program Manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with section 6.04.020 of this Chapter, as provided herein. During the amnesty period, applicants for cat and dog licenses shall not be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding sections 6.04.040 and 6.04.350 of this Chapter.
(6) All revenue derived from the fees, fines, forfeitures, and penalties related to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this Chapter. (7) If the Animal Control Program Manager determines that payment of any fees by the Owner or Caretaker for an impounded animal would cause extreme financial difficulty to the Owner or Caretaker, and that it is in the best interests of the County to allow release of the animal upon these terms, the Animal Control Program Manager may, at their discretion, set up a payment plan or waive all or part of the fees incurred for the animal.
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34 6.04.360 – Scope.

The provisions of this Chapter shall be in effect in the unincorporated areas of this County and, except where so adopted, are not applicable to any City.

6.04.370 – Severability.

If any section, subsection, sentence, clause, phrase, or word of this Chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, clause, phrase, or word of this Chapter.

SECTION 2. This ordinance shall become effective thirty days after adoption. * * * * * *
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
12 CONSENT CALENDAR

CITY COUNCIL MEETING
JANUARY 8, 2024

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

EXECUTE AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH SCHAAF & WHEELER FOR THE 2024 SANITARY SEWER LIFT STATION UPGRADE – CORPORATION YARD UPGRADE PROJECT IN THE AMOUNT OF $170,790.00 PURSUANT TO CEQA GUIDELINE 15301
SUMMARY: The Town of Hillsborough sought professional engineering services from qualified firms to design the 2024 Sanitary Sewer Lift Station Upgrade – Corporation Yard Upgrade Project (“Project”).

There are two existing Town owned and maintained sewer lift stations located at the Public Works Corporation Yard which serve the neighboring area as well as the Public Works Corporation Yard.

The existing lifts stations and pumps are old, rusted, introduce stormwater inflow and infiltration, and requires replacement. The goal of this project is to design a more efficient, watertight system that minimizes the need for ongoing maintenance due to failures and overflows.

The improved lift station will be more efficient, combining multiple lift stations into one with more efficient pumps. The new lift station will be equipped with newer electronic and telemetry systems, and an upgraded force main. The project will also evaluate the operation and discharge locations of the existing maintenance vehicle wash racks. The current wash racks are exposed to rainwater and discharges to one of the existing lift stations. The evaluation may result in relocation of the wash racks or installation of an automated valving system to prevent rainwater from entering the sewer system. This was a recommendation from County inspectors to reduce stromwater from entering the sewer system.

Staff developed a Request for Proposal (RFP) to conduct the above evaluation, provide a recommendation for upgrade, and prepare construction plans and specifications for the Project.

The RFP was advertised through the Town website, and staff also directly contacted three firms who perform this type of work. Staff conducted a detailed review of all proposals received and after careful evaluation, staff identified Schaaf & Wheeler as the preferred consultant their past project experience, technical methodology and approach, familiarity with the Town, and client-oriented approach. Schaaf & Wheeler has successfully designed and participated in construction of two other pump stations in Town.

FISCAL IMPACT: After careful review of the cost proposal, staff and Schaaf & Wheeler negotiated the original proposal cost down by 30%. It is recommended that funding in the amount of $170,790.00 be allocated from the Fiscal Year 2023-24 Sewer Lift Station Improvements (CIP #708). Sufficient funding remains in the budget.
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Agenda Staff Report - Hillsborough City Council
January 08, 2024

Page 2 ends

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 approving and authorizing the City Manager to execute an agreement for professional engineering services with Schaaf & Wheeler for the 2024 Sanitary Sewer Lift Station Upgrade – Corporation Yard Upgrade Project in the amount of $170,790.00 pursuant to CEQA guideline 15301.
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RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH SCHAAF & WHEELER FOR THE 2024 SANITARY SEWER LIFT STATION UPGRADE – CORPORATION YARD UPGRADE PROJECT IN THE AMOUNT OF $170,790.00 PURSUANT TO CEQA GUIDELINE 15301
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s sewer collection system; and
WHEREAS, the Public Works Corporation Yard’s Sanitary Sewer Lift Station was identified as requiring repairs and retrofits in order to extend the useful life and reduce the likelihood of sewer overflows; and
WHEREAS, the Town desires to upgrade the system as part of the 2024 Sanitary Sewer Lift Station Upgrade – Corporation Yard Upgrade Project (“Project”); and
WHEREAS, a Request for Proposal was publicly advertised for professional engineering services from qualified firms to evaluate the existing condition, provide a recommendation for upgrade, and prepare construction plans and specifications for the Project; and
WHEREAS, staff analyzed two proposals received and interviewed both firms, and determined that Schaaf & Wheeler was the most qualified to complete the requested services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an agreement for professional engineering services with Schaaf & Wheeler for the 2024 Sanitary Sewer Lift Station Upgrade – Corporation Yard Upgrade Project in the amount of $170,790.00 pursuant to CEQA guideline 15301.
____________
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 8th day of January 2024, by the following vote of the members thereof:

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

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH D’ARCY & HARTY CONSTRUCTION, INC. FOR THE ROBINWOOD LANE SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT IN THE AMOUNT OF $191,238.75 PURSUANT TO CEQA GUIDELINE 15301
SUMMARY: As part of the Sewer Master Plan Improvement program, the condition of the sewer main running down from 270 Robinwood Lane to the intersection of Robinwood and Hayne Road was televised and determined to need replacement. The pipe segment was slated to be replaced as part of the 2023-24 sewer rehabilitation and replacement project. However, as a part of the 2023 paving project, Robinwood Lane was scheduled to be paved in the coming months.

Therefore, replacing the sewer mains at this location sooner, in advance of the paving project, saved the Town the cost of repaving the street and eliminated patchwork on the newly paved road.

This project included replacing approximately 715 linear feet of 6-inch clay pipe with an 8-inch High-Density Polyethylene (HDPE) pipe, three manholes, and five lower service laterals with their associated cleanouts. The Town’s Public Works Engineering Department developed the project and retained the EKI engineering team to complete the design and specifications for the project.

FISCAL IMPACT: The project was awarded to D’Arcy & Harty Construction, Inc. on June 12, 2023, in the amount of $182,960.00 with a 10% contingency in the amount of $18,296.00, for a total allocation of $201,256.00. During the construction phase of the project, staff determined additional related sewer segments and infrastructure required replacement which were not included in the scope. The project, including the additional scope, was successfully completed in the amount of $191,238.75 which is below the authorized budget with contingency. Funding was allocated from the approved Capital Improvement Program budget, Priority Basins Inflow & Infiltration Program (#701).

ENVIRONMENTAL ISSUES: This action is categorically exempt from CEQA according to 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 D’Arcy & Harty Construction, Inc. for the Robinwood Lane Sanitary Sewer Rehabilitation and Replacement Project, the final amount of which is $191,238.75, and authorizing staff to file a Notice of -113-
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January 08, 2024

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Completion for the Project and release withheld retention in accordance with state prompt payment laws.
-114-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ACCEPTING AS COMPLETE THE CONTRACT WITH D’ARCY & HARTY
CONSTRUCTION, INC. FOR THE ROBINWOOD LANE SANITARY SEWER

REHABILITATION AND REPLACEMENT PROJECT IN THE AMOUNT OF $191,238.75 PURSUANT TO CEQA GUIDELINE 15301
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s sanitary sewer system; and
WHEREAS, the sewer main running down from 270 Robinwood Lane to the intersection of Robinwood and Hayne Road was evaluated, identified and slated for replacement (“Project”) in advance of the upcoming 2023 Street Resurfacing project; and
WHEREAS, plans and specifications have been developed for improvements to the Town’s sanitary sewer system to repair the deficient pipe segments; and WHEREAS, the Project was publicly bid and advertised according to the Uniform Public Construction Cost Accounting Act and the Town received nine sealed bids for the Project; and
WHEREAS, D’Arcy & Harty, Inc. (“Contractor”) was the lowest responsible bidder submitting a responsive bid in the amount of $182,960.00; and WHEREAS, staff reviewed the bids and determined that D’Arcy & Harty, Inc. (“Contractor”) was the lowest responsible bidder submitting a responsive bid in the amount of $182,960.00 with a 10% contingency for a total amount of $201,256.00; and
WHEREAS, the contract for the project was awarded to D’Arcy & Harty on June 12, 2023; and
WHEREAS, a Notice to Proceed was issued to D’Arcy & Harty and the project progressed until completed in the amount of $191,238.75.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby accept as complete the contract with D’Arcy & Harty, Inc. for the Robinwood Lane Sanitary Sewer Rehabilitation and Replacement Project, the final amount of which is $191,238.75, 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
Attest: City Clerk
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2 This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 8th day of January 2024, by the following vote of the members thereof:

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

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

CITY COUNCIL MEETING
JANUARY 08, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING THE PURCHASE OF NEW MEN’S, WOMEN’S

AND EVIDENCE LOCKERS FOR THE HILLSBOROUGH POLICE DEPARTMENT BUILDING IN THE AMOUNT OF $131,673.74 AND APPROVING A FISCAL YEAR 2023-24 BUDGET AMENDMENT IN THE GENERAL FUND IN THE AMOUNT OF $131,673.74 PURSUANT TO GUIDELINES 15301 AND 15378
SUMMARY: The Hillsborough Police Department (HPD) is seeking to replace the men’s and women’s duty gear lockers in the HPD Locker Rooms. Additionally, we seek to purchase new high density storage shelving and pass through evidence lockers for the newly designed Evidence Room.

BACKGROUND:

The lower level of the Police Department has a history of flooding during major storms. The storms in January 2023 flooded the lower level of the Police Department and resulted in the immediate evacuation of the lower level due to unhealthy levels of mold. During the demolition of the men’s and women’s locker rooms, the original lockers could not be salvaged because they were interconnected and destroyed upon removal. When all authorized positions are filled, a total of 30 personal lockers for the men’s and women’s locker rooms are required to provide each member an individual lockable storage space.

During the planning phase of the lower-level remodel, a portion of the women’s locker room was shortened to enlarge the Evidence Room. The original Evidence Room did not have a formal filing system. Purchasing new mobile high-density shelving will allow for the space to be utilized more efficiently and congruent with industry standards. The new configuration requires new passthrough lockers to be installed. Pass through lockers are lockers where officers submit evidence or property securing it through the front entrance of a locker. The Property Officer can accept the evidence or property through the back side of the locker maintaining proper chain of custody.

A request for proposals was posted and three companies were contacted to supply bids for the men’s and women’s locker rooms and for the mobile high-density shelving and pass through lockers. The companies were notified of the request for proposal were Smart Space Solutions, Systems and Space, and Space Solutions. Space Solutions declined to offer a proposal.

Smart Space Solutions: $131,673.74
Systems and Space: $130,320.00
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January 08, 2024

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Staff recommends accepting the proposal from Smart Space Solutions because they uniquely satisfy the needs of our department. The Tiffin Infinity lockers have features that cater specifically to the needs of law enforcement personnel. The Tiffin lockers are constructed with 14-gauge steel for the top, bottom, back, sides, and door. This construction significantly outperforms the 16 or 18- gauge configurations offered by other manufacturers. The hardware components are also higher quality with heavy steel construction and solid function. One of the hallmark features of Tiffin lockers is the innovative design of internal shelves, which have a unique air gap at the rear. This design ensures maximum airflow, promoting ventilation and minimizing odor accumulation, a feature not available in other lockers. The base drawers of Tiffin lockers offer additional strength and durability to withstand the rigorous daily use typical in police environments. Another feature exclusive to Tiffin lockers are the heavy-duty bayoneted style door latches and ensures maximum security and durability. The Tiffin lockers come with daisy chain "plug and play" electrical outlets, allowing officers have easy and convenient access to charging ports for their essential electronic equipment. This system allows for simple installation with minimal need for electrician involvement.

In addition to the quality of the Tiffin lockers, Smart Space proposed (26) 24” width X 24” deep lockers, and (4) 18” width X 24” depth, whereas Systems and Space bid for (29) 18” width X 24” depth. The Tiffin lockers would give officers more storage space for their duty gear.

FISCAL IMPACT: It is recommended that funding be allocated from the General Government fund under GL Code 10011000-5461 for a total allocation of $131,673.74. To meet budget compliance, it is recommended that the City Council approve a FY 2023-24 budget amendment.

ATTACHMENTS: Resolution
PREPARED BY: Meme Colla, Police Lieutenant
RECOMMENDATION: Adopt the resolution approving the purchase of new duty gear lockers for the Police Department men’s and women’s locker rooms and for the high density shelving and evidence lockers from Smart Space Solutions for a total amount of $131,673.74. -118-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH APPROVING THE PURCHASE OF NEW MEN’S, WOMEN’S AND EVIDENCE

LOCKERS FOR THE HILLSBOROUGH POLICE DEPARTMENT BUILDING IN THE AMOUNT OF $131,673.74 AND APPROVING A FISCAL YEAR 2023-24 BUDGET AMENDMENT IN THE GENERAL FUND IN THE AMOUNT OF $131,673.74 PURSUANT TO CEQA GUIDELINES 15301 AND 15378
WHEREAS, the Town of Hillbsorough Police Department invited proposals from three storage locker companies for replacement of men’s, women’s and evidence lockers for the Police Department building; and WHEREAS, Smart Space Solutions responded with a complete proposal in the amount of $131,673.74; and
WHEREAS, the City Council of the Town of Hillsborough approves a budget amendment for FY 2023-24 in the General Fund in the amount of $131,673.74.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves the purchase of new duty gear lockers for the men’s and women’s locker rooms and for the high-density shelving and evidence lockers from Smart Space Solutions for a total allocation of $131,673.74 from the General Government fund under GL Code 10011000-5461 and approves a FY 2023-24 budget amendment in the General Fund in the amount of $131,673.74.

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

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

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING CHAPTERS 17.04, 17.12, AND 17.16 OF THE HILLSBOROUGH

MUNICIPAL CODE RELATING TO ZONING AND USES PERMITTED AND REZONING TWO TOWN OWNED PROPERTIES, PURSUANT TO THE TOWN’S HOUSING ELEMENT UPDATE (2023-2031).

BACKGROUND: State Housing Element Law (Government Code Sections 65580 et seq.) requires that the Town of Hillsborough adopt a Housing Element for the eight-year period 2023-2031 to accommodate the Town’s regional housing need allocation (RHNA) of 554 housing units, comprised of 155 very-low income units, 89 low-income units, 87 moderate-income units, and 223 above moderate-income units. At the City Council meeting on December 20, 2023, the Council the Town adopted the 6th Cycle Housing Element 2023-2031 in compliance with State Housing Element Law.

Adopted 6th Cycle Housing Element 2023-2031 Strategy
After extensive discussion and community outreach, at the City Council meeting on January 23, 2023, the City Council finalized the allocation of housing units and opportunity sites to be included in the Housing Element, including rezoning two Town-owned properties to allow for multi-family residential.

This allocation of units is reflected in the strategy outlined in the Town’s Adopted Housing Element 2023-2031:
• Approach 1: Accessory dwelling units (ADUs) and junior ADUs, • Approach 2: Pipeline projects (projects already approved and permitted/under construction), -121-
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• Approach 3: Vacant opportunity sites (existing vacant lots suitable for development of single-family homes),
• Approach 4: Subdivision/lot split opportunity sites (existing lots that allow for subdivision/lot splits); and
• Approach 5: Multi-family opportunity sites (sites that could be suitable for multi-family development, either based on property owner interest or Town owned land).

Environmental Impact Report (EIR)
An Environmental Impact Report (EIR) was prepared by the Town of Hillsborough in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines to describe the potential environmental consequences, also known as impacts, from implementation of the Adopted 2023 – 2031 Housing Element Update. The scope of the environmental review considered the maximum build-out allowed by the Housing Element, related General Plan amendments, and related ordinances over the course of the 2023-2031 6th Cycle term.

The Program EIR is structured to minimize the environmental review needed for future development proposals by describing anticipated impacts of housing development on the sites identified in the Housing Element within the 8-year planning period of the Housing Element, including the Town Hall and Tobin Clark sites, and presenting programmatic level mitigation measures to avoid or reduce the anticipated impacts. Specific development projects would be addressed under subsequent CEQA review, tiering off the EIR.

All the requirements of CEQA, the State CEQA Guidelines, and the Town's Local CEQA Guidelines have been satisfied by the Town in the EIR, which is sufficiently detailed so that all the potentially significant environmental effects of the Project have been adequately evaluated.

At the City Council meeting on December 20, 2023, the Council acted on the EIR pursuant to CEQA that; certified the EIR, adopted the CEQA Findings of Fact and the Statement of Overriding Considerations, and adopted the Mitigation Monitoring and Reporting Program.

Public Engagement
Public review and input were a critical component of the 6th Cycle Housing Element Update and the Town conducted extensive community outreach over the course of the two year Housing Element preparation period. The Town’s Housing Element 2023-2031 was prepared with the benefit of input and discussion with the community at 25 public meetings on the Housing Element.

Public Meetings and community visioning workshops involved the Housing Element Advisory Committee (HEAC), Architecture and Design Review Board (ADRB), Citizen Communications Advisory Committee (CCAC), the City Council, and 21 Elements of San Mateo County. Guidance was also provided by State Housing and Community Development (HCD) and other stakeholders throughout the process.

Public engagement and input will continue to be a priority during the implementation of the Housing Element including community-driven visioning workshops for the Town Hall Campus and Tobin Clark projects (a minimum of three public workshops for each property) and an ADU education and outreach campaign.
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January 8, 2024

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AMENDMENTS TO THE MUNICIPAL CODE
Amendments to the Municipal Code relating to zoning and uses permitted are necessary to maintain consistency with the strategy, policies, goals, and actions included in the Town’s Adopted 6th Cycle Housing Element 2023-2031. At the December 20, 2023 City Council meeting, by unanimous vote, the City Council introduced an ordinance amending Chapters 17.04, 17.12, and

17.16 of the Hillsborough Municipal Code relating to zoning and uses permitted and rezoning two Town owned properties pursuant to the Housing Element update. The action before the City Council in this agenda item is the adoption of the ordinance.

The amendments to the Municipal Code are consistent with and implement the Housing Element 2023-2031 Policies, Goals, and Actions including:
• Goal 1.4: Amend the Town’s zoning regulations to comply with all recently adopted state legislation.
• Goal 1.5: Amend the Town’s zoning regulations to accommodate a variety of housing types. • Policy 3: Facilitate Housing Development on Public, Commercial, Nonprofit, and Institutionally Owned Sites
• Goal 3.3: Facilitate the development of housing at the Town Hall Campus. • Action 3.3 (d): Amend the zoning for the Town Hall Campus to permit development of housing ‘by right’ within the time limits required by State law. The Town commits to rezoning this site pursuant to Government Code section 65583.2, subdivision (h) and (i). • Goal 3.4: Facilitate the development of housing at the Tobin Clark housing opportunity site. • Action 3.4 (d): Amend the zoning for the Tobin Clark property to permit development of housing ‘by right’ within the time limits required by State law. The Town commits to rezoning this site pursuant to Government Code section 65583.2, subdivision (h) and (i).

The amendments to the Municipal Code Chapters 17.04, 17.12, and 17.16 establish the zoning districts of the Town and outline the permitted uses.

Chapter 17.04 – Purpose and Zoning Map
Updates reflect that the purpose of this Chapter is to establish the zoning districts of the Town and that the Town shall adopt a zoning map, delineating the boundaries of each district within the Town. All development and use of lands within the Town’s jurisdiction shall comply with this Chapter, based on the zoning district classification specified on the Zoning Map (Exhibit B).

Chapter 17.12 – Zoning Districts
To date, there has been one zone within the Town, namely, the residence district ("RD"), which consists of all of the land within the boundaries of the Town. This amendment establishes three zoning districts, as follows:

1. Traditional Residential (RD-1). The Traditional Residential district (previously known as “RD”) allows for the development of single-family dwellings in a manner that is consistent with the existing character of the community and subject to all existing development standards. The maximum allowed density is one single-family dwelling per ½ acre, exclusive of accessory dwelling units.

2. Mixed Residential (RD-2). The Mixed Residential district is established to accommodate the development of townhomes and multifamily buildings on Town owned land. The minimum allowed density is 20 units per acre.
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January 8, 2024

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3. Governmental and Residential Mixed Use (RD-3). The Governmental and Residential Mixed-Use district is established to accommodate the development of Town of Hillsborough facilities as well as limited residential units on Town owned land. A maximum of 16 dwelling units may be accommodated on the land zoned in this district.

The Zoning Map shows that the Traditional Residential district (previously known as “RD”) still applies to the majority of Town and does not involve any changes to the development standards currently in place for the development of single-family dwellings. There are no changes proposed to density, lot size, lot width, etc.

The Mixed Residential (RD-2) is only applicable to the Tobin Clark property and Governmental and Residential Mixed Use (RD-3) is only applicable to the Town Hall Complex, both of which are owned and controlled by the Town.

Chapter 17.16 - Allowed Uses
The amendments to the Municipal Code Chapter 17.16 include clarification of the permitted uses through a table outlining permitted uses, uses that require a special permit, and uses that are prohibited in a district.

The notable changes are that Multi-family Housing is now an allowed use in the two newly established zoning districts applied to the Tobin Clark Site and Town Hall Complex.

Additional changes include updated language related to Emergency Shelters, Family Day Care Homes, Residential Care Facilities, and Transitional and Supportive Housing. These changes are limited to language that is required to comply with State Law.

FISCAL IMPACT: Funds for this project have been included in the previously approved budget for the General Plan.

ENVIRONMENTAL ISSUES: The Town has certified the associated EIR pursuant to the requirements of the California Environmental Quality Act (CEQA).

ATTACHMENT: Ordinance
PREPARED BY: Liz Ruess, Assistant Director of Building and Planning RECOMMENDATION: Adopt the ordinance amending Chapters 17.04, 17.12, and 17.16 of the Hillsborough Municipal Code relating to zoning and uses permitted and rezoning two Town owned properties, pursuant to the Town’s Housing Element Update (2023-2031). -124-
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING CHAPTERS 17.04, 17.12, AND 17.16 OF THE HILLSBOROUGH

MUNICIPAL CODE RELATING TO ZONING AND USES PERMITTED AND REZONING TWO TOWN OWNED PROPERTIES, PURSUANT TO THE TOWN’S HOUSING ELEMENT UPDATE (2023-2031)
WHEREAS, California Government Code Section 65300 requires the Town adopt a comprehensive long-term General Plan for the physical development of the Town; and WHEREAS, amendments to the Municipal Code relating to zoning and uses permitted are necessary in order to ensure consistency with the Town’s General Plan, pursuant to the Housing Element Update (2023-2031) (the “Zoning Code Update”); and WHEREAS, the City Council previously conducted a duly noticed public hearing on January 23, 2023 and January 30, 2023, at which time the City Council provided direction to staff on the allocation of housing units and opportunity sites to be included in the Housing Element, including direction on the rezoning of two Town owned properties to allow for multifamily residential in furtherance of the Housing Element; and WHEREAS, the Town, as lead agency under the California Environmental Quality Act (“CEQA”), prepared an Environmental Impact Report (EIR) for the Housing Element, Zoning Code Update, and minor amendments to the Land Use Element and General Plan Land Use Map, Open Space and Conservation Element, and Public Safety Element, that will be made to implement the 6th Cycle Housing Element, and circulated it for public review pursuant to State CEQA Guidelines; and
WHEREAS, on December 20, 2023, pursuant to the California Environmental Quality Act (“CEQA”) the City Council adopted Resolution No. 23-108 certifying an Environmental Impact Report (EIR) for the Housing Element 2023-2031, adopting findings and a statement of overriding considerations, and a mitigation monitoring and reporting program. The EIR evaluated and disclosed the potential significant impacts that may arise from implementation of the Housing Element 2023-2031 as well as the proposed Zoning Code Update, which were analyzed and disclosed in the certified EIR; and
WHEREAS, the amendments to the Municipal Code in the form of the Zoning Code Update are deemed beneficial to the community, as they are consistent with and/or implement the Housing Element 2023-2031 Policies, Goals, and Actions which provide the Town of Hillsborough with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing throughout the community; and WHEREAS, the amendments to the Municipal Code implement the Housing Element 2023-2031 Policies, Goals, and Actions including:
• Goal 1.4 Amend the Town’s zoning regulations to comply with all recently adopted state legislation.
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2 • Goal 1.5: Amend the Town’s zoning regulations to accommodate a variety of housing types.
• Policy 3: Facilitate Housing Development on Public, Commercial, Nonprofit, and Institutionally Owned Sites
• Goal 3.3: Facilitate the development of housing at the Town Hall Campus. • Action 3.3 (d): Amend the zoning for the Town Hall Campus to permit development of housing ‘by right’ within the time limits required by State law. .

The Town commits to rezoning this site pursuant to Government Code section 65583.2, subdivision (h) and (i).
• Goal 3.4: Facilitate the development of housing at the Tobin Clark housing opportunity site.
• Action 3.4 (d): Amend the zoning for the Tobin Clark property to permit development of housing ‘by right’ within the time limits required by State law.

The Town commits to rezoning this site pursuant to Government Code section 65583.2, subdivision (h) and (i).

WHEREAS, the City Council conducted a duly noticed public hearing on December 20, 2023, at which time the City Council fully considered all oral and written testimony and facts and opinions offered at the aforesaid public hearing.

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

Section 1. Pursuant to CEQA and the State CEQA Guidelines, the City Council adopted Resolution No. 23-108 certifying an Environmental Impact Report (EIR) for the Housing Element 2023-2031, adopting findings and a statement of overriding considerations, and a mitigation monitoring and reporting program. The EIR evaluated and disclosed the potential significant impacts that may arise from implementation of the Housing Element 2023- 2031 as well as the proposed Zoning Code Update, which were analyzed and disclosed in the certified EIR.

Section 2. Chapters 17.04, 17.12, and 17.16 are hereby amended in its entirety as set forth in Exhibit A, incorporated by this reference.

Section 3. The City Council hereby adopts the Zoning Map as set forth in Exhibit B, incorporated by this reference.

Section 4. 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 5. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. -126-
3 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 6. This Ordinance shall take effect 30 days after adoption by the City Council. __________________________________
Mayor of the Town of Hillsborough
______________________________
Attest: City Clerk
ORDINANCE NO. ____ of the Town of Hillsborough introduced on December 20, 2023, and adopted on _____________ by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-127-
Title 17 - ZONING
Chapter 17.04 GENERAL PROVISIONS*

Page 1 of 4 ends

Chapter 17.04 GENERAL PROVISIONS*
Sections:

17.04.010 Purposes.

The purpose of this Chapter is to establish the zoning districts of the Town. This zoning ordinance is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents in the town. Additional purposes of this zoning ordinance are to:

A. Implement the goals, objectives, policies, and programs of the general plan and to manage future growth and development in accordance with that plan;
B. Conserve and protect the natural resources, natural beauty, and significant environmental amenities of the town;
C. Promote adequate light, air, privacy, and open space for each dwelling; D. Retain the scale and character of existing residential neighborhoods. (Ord. 683 § 4, 2008: Ord. 639 § 8 (part), 2003)

17.04.020 Short title.

This title shall be known as the "Hillsborough Zoning Ordinance." (Ord. 639 § 8 (part), 2003)

17.04.030 Zoning map.

The town shall adopt a map, known as the zoning map, delineating the boundaries of each district within the town. All development and use of lands within the Town’s jurisdiction shall comply with this Chapter, based on the zoning district classification specified on the Zoning Map. A copy of the zoning map shall be kept on file with the city clerk.
(Ord. 639 § 8 (part), 2003)
Chapter 17.12 ZONING DISTRICTS
Sections:

17.12.010 Establishment of Zoning Districts.

The following zoning districts are established:
1) Traditional Residential (RD-1)
2) Mixed Residential District (RD-2)
3) Governmental and Residential Mixed Use (RD-3)
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EXHIBIT A

Page 2 of 4 ends

Chapter 17.16 USES PERMITTED
Sections:

17.16.010 Purpose.

A. Purpose. The purpose of this chapter is to establish the allowed principal Permitted Uses and Uses Permitted with a Special Permit in each zoning district, including how they are regulated.

Subject to all other applicable provisions of this code and other law, the following uses are all of the uses that are permitted within each district:
a. Traditional Residential (RD-1). The Traditional Residential district (previously known as “RD”) allows for the development of single-family dwellings in a manner that is consistent with the existing character of the community and subject to all existing development standards. The maximum allowed density is one single-family dwelling per ½ acre, exclusive of accessory dwelling units.
b. Mixed Residential (RD-2). The Mixed Residential district is established to accommodate the development of townhomes and multifamily buildings on certain Town owned land. The minimum allowed density is 20 units per acre.
c. Governmental and Residential Mixed Use (RD-3). The Governmental and Residential MixedUse district is established to accommodate the development of Town of Hillsborough facilities as well as limited residential units on certain Town owned land. A maximum of 16 dwelling units may be accommodated on the land zoned in this district.

B. Allowed Uses. A “P” in the table below indicates that a use is permitted in the district. An “S” in the table below indicates that a use is permitted with a special permit only. A blank space in the table below indicates that a use is prohibited in the district.

Use Supplemental
Use Standards RD-1 RD-2 RD-3
Single-family dwelling 17.16.10(A)(1)(a) P P
Accessory Structures 17.16.10(A)(1)(b) P P
Country Club 17.16.10(A)(1)(c) P
Multi-family Housing P P
Public Parks/Playgrounds P P P
Public Buildings P P
Town Facilities P P P
Telecommunications structures P P P
Public Schools P
Private Schools 17.16.10(A)(1)(d) S S S
Public Utilities P P P
Town Owned Open Space P P
Accessory Dwelling Units P P P
Emergency Shelter 17.16.10(A)(1)(e) P P
Single-Room Occupancies P P
Home Business 17.16.10(A)(1)(f) S S S
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Commercial Film Production 17.16.10(A)(1)(g) S S S
Fundraising Event 17.16.10(A)(1)(h) S S S
Family Day Care Home 17.16.10(A)(1)(i) P P P
Residential Care Facility 17.16.10(A)(1)(j) P P P
Transitional and Supportive Housing 17.16.10(A)(1)(k) P P P

1. Supplemental Use Standards.
a. Single-family Dwelling. A limited long-term room rental shall be deemed part of the permitted use as a single-family dwelling. (See Section 17.08.115.) b. Accessory Structures. Accessory tennis courts or play courts shall not be lit. c. Country Club.
i. Country club shall include all social and commercial activities normally conducted within a country club.
ii. Multifamily rental housing on the country club site for use and occupancy by employees of the country club is permitted.
d. Private School. Private schools and all structures and playgrounds incident thereto shall require a current and valid permit as detailed in Section 17.16.030 of this chapter. e. Emergency Shelter. Emergency Shelters, as defined in California Health and Safety Code Section 50801(e), are allowed by right within RD-2 and RD-3 Zoning Districts, subject to the following objective standards, as allowed by Government Code Section 65583 (a)(4)(A):
i. Up to three beds shall be permitted on the premises. No more than three clients shall be permitted on the premises at any time;
ii. On-site parking shall be provided to accommodate all staff working in the emergency shelter at any given time;
iii. All waiting and client in-take areas shall be entirely within the building enclosing the Emergency Shelter;
iv. On-site management of the operation shall be present at all times that the facility is in operation. An on-site management plan is subject to review and approval by the police chief and shall include but not be limited to the number of employees, hours of operation, provision for transporting residents, provisions for providing personal hygiene, and provision for supplying food; v. Emergency shelter facilities are required to be not more than 300 feet from any other emergency shelter, as measured from the property line; vi. Clients are limited to stays for no more than 30 days, unless a longer time period is required by state law;
vii. All exterior lighting shall be downlit, shall not be directed toward the street, the sky or neighboring properties and shall be a maximum of 60 watts; viii. No exterior signage associated with the facility is permitted except as outlined in Chapter 17.48 of the Hillsborough Municipal Code;
ix. An on-site security plan and the rules of the facility shall be subject to review and approval by the chief of police to ensure that nuisance activities are prevented.

The plan shall include but not be limited to provision of an alarm system, locks, -130-

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and a screening process to ensure that persons with outstanding warrants and convicted sex offenders are not permitted to occupy the premises; x. The facility shall comply with all health and safety requirements of the County, State and Federal governments.
f. Home Business. Home businesses shall require a current and valid permit as detailed in Section 17.16.015 of this chapter.
g. Commercial Film Production. Commercial film production shall require a current and valid film production permit as detailed in Section 17.16.012 of this chapter. h. Fundraising Event. A fundraising event shall require a permit as detailed in Chapter 5.16 of this code.
i. Family Day Care Home. Family day care home for children in a single-family residence, to the extent mandated by California Health and Safety Code Section 1596.70 et seq. Any family day care home for children shall comply with Section 17.16.040 of this chapter.

Such facilities shall meet all requirements of this code applicable to residential uses in the town, including but not limited to parking, spacing, setbacks, and traffic and noise control.; j. Residential Care Facility. Residential care facility for the elderly in a single-family dwelling, to the extent mandated by California Health and Safety Code Section 1569.85. Such facilities shall meet all requirements of the Hillsborough Municipal Code, including but not limited to parking, relating to single-family residences. k. Transitional and Supportive Housing. Transitional and supportive housing as defined respectively in California Health and Safety Code Sections 50675.2(h) and 50675.14(b).

Such facilities shall meet all requirements of the Hillsborough Municipal Code, including but not limited to parking, relating to single-family residences.

C. Legal Nonconforming Uses.

1. Hillsborough Racquet Club (a membership social club incorporated on September 14, 1937, and since then continuously located at its present site at 252 El Cerrito Avenue, all prior to the adoption of the original residence district zoning ordinance (Ord. 143) on December 13, 1937) including all social and commercial activities traditionally conducted within the racquet club;

2. Structures meeting the definition of detached domestic units and in existence as of January 10, 1983.
(Ord. 683 § 6, 2008; Ord. 665 § 3, 2006; Ord. 648 § 7 (part), 2003; Ord. 639 § 11, 2003: Ord. 614 § 5, 2000; Ord. 613 §§ 1, 2, 2000; Ord. 603 § 2, 1999; Ord. 591 § 1, 1999; Ord. 392 § 1, 1984; Ord. 390 § 1, 1984; Ord. 381 §§ 1, 2, 1983; Ord. 350 § 1, 1978; Ord. 334 § 1, 1976; Ord. 323 § 1, 1973; prior code § 101.2.16) (Ord. No. 688, § 1, 6-14-2010; Ord. No. 713, § 3, 4-7-2014; Ord. No. 761, § 11, 1-13-2020; Ord. No. 776, § 2, 12-13- 2021)
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
16 DISCUSSION

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: 2024 COUNCILMEMBER REPRESENTATIVES TO TOWN AND REGIONAL

ASSIGNMENTS
SUMMARY: Mayor Krolik will discuss the appointment of Councilmembers to local and regional committees, boards, and commissions.

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

ATTACHMENTS: 2024 Councilmember Representatives to Town and Regional Assignments PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: 2024 Councilmember Representatives to Town and Regional Assignments -133-
2024 DRAFT Councilmember Representatives to Town and Regional Assignments Krolik Cole Chuang Ragsdale Royse Notes
Building and Planning X
Communications X X
Finance and Administrative Services X
Fire X
Police X
Public Works X
Sustainability X
Administrative Hearing Panel X Meets as necessary.

Architecture and Design Review Board (ADRB) X Meets 1st Monday of the month at 4 p.m.

Citizens Communication Advisory Committee (CCAC) X X Meets 2nd Tuesday of the month at 10 a.m.

Financial Advisory Committee (FAC) X Meets at least four times per year.

Advanced Life Support (ALS) San Mateo County PreHospital Emergency Medical Services Group JPA X Alternate Meets in January, May and September.

Association of Bay Area Governments (ABAG) General
Assembly X Alternate
Meets at least once per year as part of the General Assembly Conference.

Bay Area Water Supply and Conservation Agency
(BAWSCA) Board of Directors X
Councilmember Ragsale appointed 2/13/2023 to a term 7/1/23 to 6/30/27.

City/County Association of Governments of San Mateo
County (C/CAG) X Alternate Meets monthly.

Central County Fire Department (CCFD) Board X X Two Councilmembers serve.

Commute.org Board of Directors X Five scheduled meetings each year.

Hillsborough Recreation Commission X X Two Councilmembers serve.

Peninsula Clean Energy (PCE) X Alternate Meets 4th Thursday of the month at 6:30 p.m.

SFO Airport/Community Roundtable Alternate X Generally meets the 1st Wednesday of the month at 7 p.m.

San Mateo Operational Area Emergency Services
Organization (Emergency Services Council) Alternate X Meets quarterly.

SamTrans Board of Directors Central Judicial Cities Seat (City Selection Committee appointment) X
Term 1/1/2023 - 12/31/2026. Meets 1st Wednesday of the month at 2 p.m.

South Bayside Waste Management Authority (SBWMA) Alternate X Meets 4th Thursday of the month at 2 p.m.

Hillsborough Beautification Foundation (HBF) X
Hillsborough Concours d'Elegance X
Hillsborough Neighborhood Network Steering Committee Alternate X Memorial Day Parade X Alternate
Firewise X
Town Hall Project X X
Tobin Clark Project X X
SPECIAL PROJECTS (STAFF):

GOVERNMENT BOARDS/COMMITTEES:

COMMISSIONERS:

LIAISIONS TO COMMUNITY ORGANIZATIONS:

LIAISONS:
1/4/2024
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
17 INFORMATIONAL

CITY COUNCIL MEETING
JANUARY 8, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: INFORMATIONAL UPDATE ON AGE-FRIENDLY CITY CERTIFICATION SUMMARY: The Town of Hillsborough achieved AARP/World Health Organization (WHO) agefriendly community designation on October 12, 2023. This achievement is the result of five months of planning and information gathering through focus groups, led by a Task Force comprised of residents, key staff, and liaisons from the City Council. The Task Force collected feedback to identify the unmet needs of older adult residents in order to identify a variety of potential solutions.

Some of the ideas collected are to improve mobility for older adults, provide more opportunities for social gatherings, improve communication channels, and collaborate with other groups to share information. Hillsborough is one of eight cities in San Mateo County to earn this recognition as an age-friendly community as part of the San Mateo County and Center for Age-Friendly Excellence (CAFE) project, funded by the County. CAFE provided technical assistance, consultation, community organizing, coordination of the assessment process, and helped write the official application submitted to AARP which is the World Health Organization (WHO) designate for Age Friendly Cities certification. Next steps will be to embark on the creation of an action plan to bring these ideas to life and improve the quality of life in Hillsborough.

FISCAL IMPACT: No fiscal impact, informational only.

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

ATTACHMENTS: None
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: None - informational only.
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Hillsborough City CouncilJanuary 8, 2024

Hillsborough City Council
January 8, 2024