Agenda — Hillsborough City Council, February 12, 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, FEBRUARY 12, 2024
4:00 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/83704101406?pwd=NnGrLuQbyT3S8T50ALjh7wkzlAyUVW.1 • Dial-in via phone:
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Meeting ID: 837 0410 1406
Passcode: 454842
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 (4:00 p.m.)
Agenda – Hillsborough City Council
Monday, February 12, 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 ITEMS
Members of the public may provide public comments on the items 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 ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff – One Potential Case
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
De Aquino v. Town of Hillsborough, et al.

San Mateo Superior Court Case No. 22CIV03845
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Town of Hillsborough v. All Persons Interested in the Matter of the Proceedings for Resolution No. 22-83 Adopting Maximum Rates for Water Service Charges San Mateo Superior Court Case No. 23CIV01028
D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant – Four Potential Cases (see claim forms in agenda packet)

ADJOURN CLOSED SESSION
REGULAR CITY COUNCIL MEETING (6:00 p.m.)
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. RECOGNITION
Agenda – Hillsborough City Council
Monday, February 12, 2024

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• RECOGNITION OF ANNE BAXTER FOR HER SERVICE ON THE CITIZENS

COMMUNICATION ADVISORY COMMITTEE
VI. PRESENTATIONS
• MAYOR'S APPLAUSE
VII. PUBLIC COMMENT I
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

Members of the public participating in person are requested to complete a yellow speaker card and submit it to the City Clerk 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.

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

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

1. APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 11, 2023, OCTOBER 9, 2023, NOVEMBER 13, 2023 AND DECEMBER 10, 2023

2. MONTHLY CLAIMS: JANUARY 1 THROUGH JANUARY 31, 2024 PURSUANT TO CEQA GUIDELINE 15378

3. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

A SECOND AMENDMENT TO THE EXISTING AGREEMENT WITH CONSOLIDATED CM, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR

THE DARRELL WATER TANK REPLACEMENT PROJECT IN THE AMOUNT OF $176,336.00, RESULTING IN A TOTAL AMOUNT OF $825,926.00 PURSUANT TO A

PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION

4. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH ALTA PLANNING + DESIGN, INC. FOR THE BICYCLE AND PEDESTRIAN MASTER PLAN (PHASE 1) IN THE AMOUNT OF $97,675.00 PURSUANT TO CEQA GUIDELINE 15306 X. PUBLIC HEARING

5. ADOPTION 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 Agenda – Hillsborough City Council
Monday, February 12, 2024

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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
XI. NEW BUSINESS

6. APPROVAL OF LETTER IN OPPOSITION TO AT&T APPLICATION 22-03-003 TO THE

CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC) TO REMOVE AT&T'S

OBLIGATIONS UNDER STATE LAW TO PROVIDE LANDLINE PHONE SERVICE PURSUANT TO CEQA GUIDELINE 15378
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.

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

AUDIO / VISUAL ADVISORY:

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

AUDIO OR VIDEO RECORDINGS:

Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.
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Received 12/15/2023
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Received 12/4/2023
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Claim Against the Town of Hillsborough
Claim Form
Your name(s): Judy Swanson
Address:

Daytime phone:

Address where notices should be sent, if different: ___________________ _ Email Address:

Date ofloss/accident: __
/ __ / __ Approximate time: From July 1,2023 and contin ..

Location of loss/accident: ___________________________ _ My property
Briefly explain how loss/accident occurred: Unconstitutional water rates violating Proposition 218.

If known, provide name(s) of employee(s), contractor(s), and vehicle license plate number(s) causing accident:

Claim is for the following item(s). Please attach invoices. $ ______ _
$ ______ _
100% of all Tier 3 and Tier 4 billing from July 1, 2023 and as long 9r1 current 5 year rates remain in effect. $ ______ _
List attachments:

1. 2.

3. 4.

5. 6.
$ ______ _
$ ______ _
Total $ ______ _
Claimant's signature(s): ___________________ Date: _______ _ ___________________ Date: _______ _
'Revised 6 / 2022
Received 12/4/2023
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
1 CONSENT CALENDAR

CITY COUNCIL MEETING
FEBRUARY 12, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 11, 2023, OCTOBER 9, 2023, NOVEMBER 13, 2023 AND DECEMBER 10, 2023 -7-

UNAPPROVED MINUTES
MONDAY, SEPTEMBER 11, 2023
3:00 PM STUDY SESSION
4:30 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. Vice Mayor Sophie Cole participated in the meeting via Zoom Video Conference pursuant to the “just cause” provisions of the Brown Act.

STUDY SESSION

CALL TO ORDER
Mayor Krolik called the meeting to order at 3:02 p.m.

ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole (via Zoom Video Conference pursuant to the “just cause” provisions of the Brown Act), Krolik
A. STUDY SESSION: GAS-POWERED LEAF BLOWERS
Senior Management Analyst Mandy Brown provided the staff report. City Attorney Christopher Diaz provided additional information.

Mayor Krolik opened public comment.

Aaron Zornes provided comments regarding leaf blower noise in his neighborhood on Saturday mornings for which he has called the Police Department, requested enforcement of the existing code, and spoke in support of banning gas-powered leaf blowers.

Mike Swire spoke in support of banning gas-powered leaf blowers citing noise and environmental concerns.

Peter Borrows, Pullman Road, spoke in support of the discussion and inquired whether violations would be given to the homeowner or gardener.

Jan Stoner provided comments regarding her experience as a homeowner maintaining her own property with a leaf blower, circulated a photo of the size a professional electric unit, expressed concerns regarding the physical requirements to carry electric blowers and the cost to gardeners, and requested a demonstration of electric blowers.

Mayor Krolik closed public comment.

Following discussion, Mayor Krolik summarized City Council consensus for the timeline to adopt a ban on gas-powered leaf blowers by the end of 2023 with enforcement to begin in July 2024; immediate, consistent enforcement of violations; sensitivity to workers during the transition period; continued education; further discussion regarding usage on Saturday; support for the Building & Planning Department potentially looking into requiring outlets in yards for access to electrical, and support for demonstration of use of equipment.

ADJOURN STUDY SESSION
Mayor Krolik adjourned the study session at 4:44 p.m.
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Unapproved Minutes – Hillsborough City Council
Monday, September 11, 2023

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CLOSED SESSION

ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole (via Zoom Video Conference pursuant to the “just cause” provisions of the Brown Act), Krolik

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

CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant – Four Potential Cases (claim forms and legal threat document in agenda packet)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Town of Hillsborough v. All Persons Interested in the Matter of the Proceedings for Resolution No. 22-83 Adopting Maximum Rates for Water Service Charges San Mateo Superior Court Case No. 23CIV01028

PUBLIC COMMENT
There were no speakers.

ADJOURN CLOSED SESSION
The Closed Session adjourned at 6:08 p.m.

REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Krolik called the meeting to order at 6:11 p.m.

II. ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole (via Zoom Video Conference pursuant to the “just cause” provisions of the Brown Act), Krolik
III. PLEDGE OF ALLEGIANCE
Hillsborough Youth Commission Chair Rohan Dalal led the Pledge of Allegiance.

IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported regarding Closed Session Item A that the City Council voted unanimously (5-0) to reject the Cory Chen claim for vehicle damage and tender the claim to the Town’s contractor based on the Town’s agreement with the contractor; that the City Council voted unanimously (5-0) to reject the Radhia/Peyret claim related to a sewer project and tendered the claim to the Town’s contractor based on the Town’s agreement with the contractor; and the City Council voted unanimously (5-0) to accept the da Roza claim and pay the amount of $5,630.44. City Attorney Diaz reported direction was given to staff regarding an additional claim in Closed Session Item A and regarding Closed Session Item B.

V. MINUTES: May 8, 2023
On motion my Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on roll call vote, the minutes of the May 8, 2023 City Council meeting were approved.
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Unapproved Minutes – Hillsborough City Council
Monday, September 11, 2023

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VI. PROCLAMATIONS
• SEPTEMBER AS RECOVERY HAPPENS MONTH
https://www.vorsmc.org/
Mayor Krolik presented a proclamation in recognition of September as Recovery Happens Month to Bren Winans, Voice of Recovery San Mateo County. Mr. Winans provided comments and announced upcoming events.
• SEPTEMBER AS SUICIDE PREVENTION MONTH
https://sanmateocrisis.org/
24/7 Crisis Hotline: 650-579-0350
Councilmember Royse presented a proclamation in recognition of September as Suicide Prevention Month to Paul Nichols, member, San Mateo County Behavioral Health Commission. Mr. Nichols provided comments.

VII. PRESENTATION
• COMMUNITY OVERCOMING RELATIONSHIP ABUSE (CORA) SPEAK UP CAMPAIGN Lynn Schuette, Director of Quality and Strategic Initiatives, CORA, provided a presentation regarding CORA’s Speak Up Campaign. Norma El Faro, Speak Up Coordinator, provided additional information.
• MAYOR'S APPLAUSE
Mayor Krolik recognized Public Works Department staff with Mayor’s Applause for their work maintaining the streets and roadways in the town. Public Works Director Paul Willis provided brief comments.

VIII. PUBLIC COMMENT I
Rohan Dalal, Hillsborough Youth Commission founder and Chair, provided an update from the Commission.

Taso Zografos, West Santa Inez Avenue, San Mateo, Gramercy-Mounds El Cerrito Neighborhood Association, expressed concerns regarding traffic safety and speed on West Santa Inez Avenue and requested stop signs at Ranelagh Road and near Gramercy. Zografos expressed appreciation to the Public Works Department for their work during the winter months.

IX. ANNOUNCEMENT OF CONFLICT OF INTEREST
Councilmember Ragsdale reported that her family no longer owns stock in Comcast.

X. CONSENT CALENDAR
Vice Mayor Cole requested to remove Item 4 from the Consent Calendar.

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

On motion by Councilmember Chuang, seconded by Councilmember Royse and unanimous on roll call vote, Consent Calendar items 1, 2, 3, 5 and 6 were approved.

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

2. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AMENDMENT TO THE EXISTING AGREEMENT WITH IT'S PERSONNEL

CONSULTING FOR AS-NEEDED HUMAN RESOURCES ADMINISTRATION AND -10-
Unapproved Minutes – Hillsborough City Council
Monday, September 11, 2023

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CONSULTING SERVICES NOT-TO-EXCEED AMOUNT OF $260,000 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving and authorizing the City Manager to execute an amendment to the existing agreement with It's Personnel Consulting for as-needed Human Resources Administration and consulting services not-to-exceed amount of $260,000 pursuant to CEQA Guideline 15378 was adopted.

3. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AMENDMENT TO THE EXISTING EMERGENCY CONTRACT WITH FARALLON COMPANY FOR EMERGENCY RETAINING WALL WORK AT 2095 RALSTON AVENUE IN THE AMOUNT OF $6,605.00, FOR TOTAL CONTRACT AMOUNT OF $243,600.00, ACCEPTING THE PROJECT AS COMPLETE IN THE AMOUNT OF $243,600.00, AND DIRECTING STAFF TO FILE A NOTICE OF COMPLETION, PURSUANT TO CEQA GUIDELINES 15301 AND 15269
The resolution approving and authorizing the City Manager to execute an amendment to the existing emergency contract with Farallon Company for emergency retaining wall work at 2095 Ralston Avenue in the amount of $6,605.00, for total contract amount of $243,600.00, accepting the project as complete in the amount of $243,600.00, and directing staff to file a notice of completion, pursuant to CEQA Guidelines 15301 and 15269 was adopted.

4. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH D’ARCY & HARTY CONSTRUCTION INC. FOR THE 2023 SANITARY SEWER REHABILITATION & REPLACEMENT PROJECT 23A IN THE AMOUNT OF $2,046,860.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $204,686.00, FOR TOTAL COST OF $2,251,546.00 PURSUANT TO CEQA GUIDELINE SECTION 15301
Public Works Director Paul Willis responded to Councilmember questions.

On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the resolution awarding to and authorizing the City Manager to execute a contract with D’Arcy & Harty Construction Inc. for the 2023 Sanitary Sewer Rehabilitation & Replacement Project 23A in the amount of $2,046,860.00, with a 10% contingency in the amount of $204,686.00, for total cost of $2,251,546.00 pursuant to CEQA Guideline Section 15301 was adopted.

5. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH HALEY & ALDRICH, INC. FOR PROFESSIONAL

GEOTECHNICAL AND ENGINEERING DESIGN SERVICES FOR THE MACADAMIA ACCESS ROAD REPAIR IN THE AMOUNT OF $215,870.00 RESULTING IN A TOTAL AMOUNT OF $284,264.00 PURSUANT TO CEQA GUIDELINE 15301
The resolution approving and authorizing the City Manager to amend the existing agreement with Haley & Aldrich, Inc. for professional geotechnical and engineering design services for the Macadamia Access Road Repair in the amount of $215,870.00 resulting in a total amount of $284,264.00 pursuant to CEQA Guideline 15301 was adopted.

6. RESOLUTION ACCEPTING THE GRANT OF A TEN-FOOT-WIDE PUBLIC UTILITY EASEMENT AT 1217 SOUTHDOWN ROAD PURSUANT TO CEQA GUIDELINE 15301 The resolution accepting the grant of a ten-foot-wide public utility easement at 1217 Southdown Road pursuant to CEQA Guideline 15301 was adopted.

XI. PUBLIC HEARING

7. PUBLIC HEARING TO CONSIDER AND ADOPT A RESOLUTION APPROVING COMCAST’S PERMIT APPLICATION FOR THE INSTALLATION OF TWO (2)

BATTERY CABINETS (UTILITY BOX OUTDOOR FIXTURES) AT A LOCATION IN THE PUBLIC RIGHT-OF-WAY WITHIN THE TRAFFIC ISLAND NEAR 1025 VISTA ROAD -11-
Unapproved Minutes – Hillsborough City Council
Monday, September 11, 2023

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AND GRANTING COMCAST’S REQUEST FOR AN EXCEPTION TO POLICY NO. 19- 01 FOR THESE INSTALLATIONS, PURSUANT TO CEQA GUIDELINE 15303 Mayor Krolik provided introductory comments. Public Works Director Paul Willis provided the staff report. City Attorney Christoper Diaz and Bennett Givens, Associate, Best Best & Krieger, provided additional information.

Billy Glisson, Area Construction Manager, Comcast, responded to questions regarding the installations.

Mayor Krolik opened the public hearing at 7:20 p.m. There were no speakers. Mayor Krolik closed the public hearing at 7:20 p.m.

On motion by Councilmember Royse, seconded by Councilmember Ragsdale and unanimous on roll call vote, the resolution approving Comcast’s permit application for the installation of two (2) battery cabinets (Utility Box Outdoor Fixtures) at a location in the public right of-way within the traffic island near 1025 Vista Road and granting Comcast’s request for an exception to Policy No. 19-01 for these installations, pursuant to CEQA Guideline 15303 was adopted.

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

XIII. PUBLIC COMMENT II
There were no speakers.

XIV. CITY COUNCIL ITEMS
Councilmember Chuang provided information regarding the upcoming Hillsborough Neighborhood Network Neighborfest event, announced SamTrans began using their first electric bus, and provided information regarding the SamTrans Ride Plus program being piloted in Half Moon Bay and North Fair Oaks in East Palo Alto.

Councilmember Royse reported his attendance at meetings of the SBWMA Finance Committee and SBWMA Legislative Committee and expressed appreciation to Councilmember Ragsdale for her assistance with the formation of the Youth Commission.

Councilmember Ragsdale expressed appreciation to Councilmember Royse and Town staff for their assistance with the formation of the Youth Commission.

Councilmember Royse stated that the recent issue of Hillsborough Living magazine includes an article regarding the Youth Commission.

Councilmember Ragsdale provided an update regarding the Age-Friendly city application process.

Vice Mayor Cole reported her attendance at meetings of the Firewise Board and the Central County Fire Department Board.

Mayor Krolik reported her attendance at the Hillsborough Oaks block party, the APG Citizen of the Year/Community Care Award event and a retirement event for former Mayor Larry May.

Mayor Krolik announced plans for a Eucalyptus Pathway ribbon cutting and suggested the Youth Commission consider a program on preparing students for college as it relates to alcohol.

XV. ADJOURNMENT
Mayor Krolik adjourned the meeting at 7:50 p.m. in honor of the memory of those lost on September 11, 2001.
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UNAPPROVED MINUTES
MONDAY, OCTOBER 9, 2023
5:00 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
Meetings of the City Council are held in-person. 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
There were no announcements of conflict of interest.

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

PUBLIC COMMENT
There were no speakers.

ADJOURN CLOSED SESSION
The Closed Session was adjourned at 5:50 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
Fire Chief Bruce Barron led the Pledge of Allegiance.

IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported that City Council considered one claim in Closed Session and voted unanimously (5-0) to reject the claim.

V. MINUTES: Special City Council Meeting of September 27, 2023 -13-
Unapproved Minutes – Hillsborough City Council
Monday, October 9, 2023

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On motion by Councilmember Chuang, seconded by Councilmember Royse and unanimous on voice vote, the minutes of the special City Council meeting of September 27, 2023 were approved.

VI. RECOGNITION
• RECOGNITION OF FIRE CHIEF BRUCE BARRON ON HIS RETIREMENT Vice Mayor/Fire Commissioner Cole presented a resolution of appreciation to Fire Chief Bruce Barron on his retirement. Chief Barron provided comments.

VII. PROCLAMATION
• OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH
Mayor Krolik presented a proclamation in recognition of October as Domestic Violence Awareness Month to Karen Ferguson, CEO, Community Overcoming Relationship Abuse (CORA). Ms. Ferguson provided comments.

VIII. PRESENTATION
• MAYOR'S APPLAUSE
Mayor Krolik recognized the coordinators of the Neighborfest event including Councilmember Chuang and Mike Chuang, Hillsborough Neighborhood Network (HNN), Senior Management Analyst Mandy Brown for the HNN calendar and Police Corporal Robert Kalkbrenner for his work to coordinate the public safety vehicles for the event.

Corporal Kalkbrenner provided comments.

IX. PUBLIC COMMENT I
Rohan Dalal, Chair, Youth Commission, provided an update on the activities of the Commission.

Susan Bardet inquired about the process for digging rights for internet service providers and encouraged the City Council to allow digging by additional providers. Ms. Bardet inquired as to the status of the donation of the 40 Baywood property and requested staff contact her to discuss it.

Public Works Director Paul Willis provided information regarding the process for encroachment permits as it relates to licensed contractors digging in the public right of way.

City Attorney Diaz provided comments regarding the 40 Baywood property.

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

XI. CONSENT CALENDAR
Mayor Krolik announced she would remove Item 10 from the Consent Calendar.

Councilmember Chuang requested to remove Item 10 from the Consent Calendar Councilmember Ragsdale requested to remove Items 5 and 6 from the Consent Calendar.

Mike Swire requested to provide comments on Consent Calendar Item 5 and Item 10.

On motion by Councilmember Royse, seconded by Councilmember Chuang and unanimous on voice vote, Consent Calendar Items 1, 2, 3, 4, 7, 8, 9 and 11 were approved.

1. MONTHLY CLAIMS: SEPTEMBER 1 THROUGH SEPTEMBER 30, 2023 PURSUANT TO CEQA GUIDELINE 15378
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Unapproved Minutes – Hillsborough City Council
Monday, October 9, 2023

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The monthly claims for September 1 through September 30, 2023 were approved as submitted.

2. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2023 PURSUANT TO CEQA GUIDELINES 15378 AND 15273
The Quarterly Treasurer’s Report for the Quarter Ending September 30, 2023 was approved.

3. RESOLUTION IMPLEMENTING PREVIOUSLY AUTHORIZED INCREASES TO SOLID WASTE RATES EFFECTIVE JANUARY 2024 PURSUANT TO CEQA GUIDELINES 15378 AND 15273
The resolution implementing previously authorized increases to solid waste rates effective January 2024 was adopted.

4. RESOLUTION IMPLEMENTING PREVIOUSLY AUTHORIZED INCREASES TO WATER SERVICE CHARGES AND VOLUME CHARGES EFFECTIVE JANUARY 2024 PURSUANT TO CEQA GUIDELINE 15378 AND 15273
The resolution implementing previously authorized increases to water service charges and volume charges effective January 2024 was adopted.

5. RESOLUTION FUNDING A CONTRIBUTION OF $11,648 TO HILLSBOROUGH CITY SCHOOL DISTRICT IN FY 2023-24 TO CONTRIBUTE TOWARD THE COST OF THE SCHOOL CROSSING GUARD PROGRAM PURSUANT TO CEQA GUIDELINE 15378 Councilmembers provided comments. Senior Management Analyst Mandy Brown responded to City Council questions.

Mayor Krolik opened public comment.

Mike Swire expressed support for funding the program and requested the City Council consider improving the bicycle and pedestrian safety infrastructure and conducting audits for each of the school campuses.

Mayor Krolik closed public comment.

Public Works Director Paul Willis provided comments.

On motion by Councilmember Ragsdale, seconded by Vice Mayor Cole and unanimous on voice vote, the resolution approving an additional contribution of $11,648 to the Hillsborough City School District in FY 2023-24 to contribute toward the cost of the school crossing guard program was adopted.

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

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

On motion by Councilmember Ragsdale, seconded by Vice Mayor Cole and unanimous on voice vote, the resolution approving and appropriating one-time funding of $5,000 from the Town to Community Overcoming Relationship Abuse (CORA) for a Speak Up Community Education Initiative in Hillsborough and surrounding communities.

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

FOR THE 150 WOODRIDGE ROAD PIPE EXTENSION PROJECT IN THE AMOUNT -15-
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OF $47,300 FOR A TOTAL PROJECT BUDGET OF $245,063.50 PURSUANT TO CEQA GUIDELINE 15301
The resolution approving and authorizing the City Manager to execute an amendment to the existing contract with NORGO Engineering Co. for the 150 Woodridge Road pipe extension project in the amount of $47,300.00, for a total project budget of $245,063.50 pursuant to CEQA Guideline 15301 was adopted.

8. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH REDGWICK CONSTRUCTION CO. FOR THE EUCALYPTUS PEDESTRIAN PATHWAY PROJECT IN THE AMOUNT OF $1,020,962.20 PURSUANT TO CEQA GUIDELINE 15301 The resolution accepting as complete the contract with Redgwick Construction Co. for the Eucalyptus Pedestrian Pathway project the amount of $1,020,962.20 and authorizing staff to file a Notice of Completion for the Project and release withheld retention in accordance with State prompt payment laws was adopted.

9. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AMENDMENT TO THE EXISTING CONTRACT WITH FARALLON COMPANY FOR

BUILDING AN ADDITION WITH TWO OFFICES TO THE PUBLIC WORKS ADMINISTRATION BUILDING IN THE AMOUNT OF $17,421.20, FOR A TOTAL CONTRACT AMOUNT OF $194,584.20, ACCEPTING THE PROJECT AS COMPLETE IN THE AMOUNT OF $194,584.20, AND DIRECTING STAFF TO FILE A NOTICE OF COMPLETION, PURSUANT TO CEQA GUIDELINE 15302
The resolution approving and authorizing the City Manager to execute an amendment to the existing contract with Farallon Company for building an addition with two offices to the Public Works administration building in the amount of $17,421.20, for a total contract amount of $194,584.20, accepting the project as complete in the amount of $194,584.20, and directing staff to file a notice of completion for the project and release withheld retention in accordance with state prompt payment laws was adopted.

10. REVIEW AND APPROVE THE TOWN’S RESPONSE TO THE SAN MATEO COUNTY GRAND JURY REPORT, “BIKE SAFETY IN SAN MATEO COUNTY: MAKING CYCLING SAFER IN THE COUNTY” PURSUANT TO CEQA GUIDELINE 15378 Police Chief Nelson Corteway responded to City Council questions.

Mayor Krolik opened public comment.

Mike Swire expressed appreciation to the Grand Jury for the report. Swire expressed concerns regarding a statement in the response that there are little to no bike commuters in Hillsborough, requested tracking of near misses, a public dashboard regarding 3-foot citations, speeding tickets and crash data, recommended formation of a Bicycle and Pedestrian Advisory Committee, and provided comments regarding a need for three-foot warning letters and regarding electric bikes.

Mayor Krolik closed public comment.

On motion by Councilmember Chuang, seconded by Councilmember Royse and unanimous on voice vote, the response to the San Mateo County Grand Jury Report:
"Bike Safety in San Mateo County - Making Bicycling Safer in the County" was approved with an amendment to add “widely” to the response for F2 and the correction of minor typographical errors as noted by the City Clerk prior to the meeting.

11. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH JMB CONSTRUCTION, INC. FOR THE SANDRA HAYNE STORM DRAIN REPLACEMENT PROJECT TO IN THE AMOUNT OF $2,534,036.74 PURSUANT TO CEQA GUIDELINE 15302
The resolution accepting as complete the contract with JMB Construction, Inc. for the Sandra Hayne Storm Drain Replacement Project in the amount of $2,534,036.74, and -16-
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authorizing staff to file a Notice of Completion for the Project and release withheld retention in accordance with State prompt payment laws was adopted.

XII. OLD BUSINESS

12. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 8.32 OF THE

HILLSBOROUGH MUNICIPAL CODE TO BAN GAS POWERED LEAF BLOWERS Senior Management Analyst Mandy Brown provided the staff report. City Attorney Christopher Diaz and City Manager Doug Davis provided additional information.

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

On motion by Vice Mayor Cole, seconded by Councilmember Royse and unanimous on voice vote, the ordinance entitled, "An Ordinance of the City Council of the Town of Hillsborough Amending Chapter 8.32 of the Hillsborough Municipal Code Relating to Gas-Powered Leaf Blowers" was introduced with further reading waived with an amendment to the fifth “Whereas” on page one of the ordinance to update the date to September 11, 2023.

XIII. DISCUSSION

13. DISCUSSION AND POTENTIAL DIRECTION TO STAFF RELATED TO EXPANDING

THE REVIEW OF THE FUNDRAISING EVENT PERMIT PROCESS AND FEES TO

EXPLORE REGULATING OTHER HIGH IMPACT PRIVATE EVENTS
City Clerk Lisa Natusch provided the staff report. Mayor Krolik provided introductory comments. Police Chief Nelson Corteway, City Attorney Christopher Diaz and City Manager Doug Davis provided additional information.

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

Following discussion, without objection, the City Council directed staff to expand the review of the fundraising event permit process and fees to explore regulating other high impact private events in the community.

XIV. PUBLIC COMMENT II
There were no speakers.

XV. CITY COUNCIL ITEMS
Councilmember Ragsdale expressed appreciation to Marie and Mike Chuang for their work on the Hillsborough Neighborhood Network (HNN) Neighborfest event, provided an update on the Age-Friendly City application process, and reported her attendance at a poetry event hosted by Burlingame-Hillsborough Youth Poet Laureate Lauren Lin.

Vice Mayor Cole reported her attendance at a meeting of the Firewise Board.

Councilmember Royse reported his attendance at a meeting of the SFO/Community Roundtable Board and a meeting of the SBWMA Board.

Councilmember Chuang expressed appreciation to those involved in the HNN Neighborfest event, announced an upcoming Townwide drill, and reported her attendance at a meeting of the SamTrans Board and the Cal Cities Annual Conference.

Mayor Krolik expressed appreciation to those involved in the Eucalyptus Pathway Ribbon Cutting event and requested Councilmembers contribute ideas to the City Clerk for preparation of a “new Councilmember directory.”
XVI. TOWN UPDATE
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City Manager Doug Davis provided an informational update regarding the Town’s ADU Dashboard and events and activities in the town.

XVII. ADJOURNMENT
Mayor Krolik adjourned the meeting at 8:24 p.m. in honor of the memory of Senator Dianne Feinstein.
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UNAPPROVED MINUTES
MONDAY, NOVEMBER 13, 2023
4:00 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 4:04 p.m.

ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik

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

CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Town of Hillsborough v. All Persons Interested in the Matter of the Proceedings for Resolution No. 22-83 Adopting Maximum Rates for Water Service Charges San Mateo Superior Court Case No. 23CIV01028
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant – Two Potential Cases (claim forms in agenda packet) C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Mahmood Panjwani vs. County of San Mateo, San Mateo County Health, Public Health, Policy and Planning; Peninsula Humane Society & SPCA ("PHS/SPCA"); Town of Hillsborough; Program Manager of Animal Control and Licensing
San Mateo Superior Court Case No. 23CIV04568
D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Employment Dispute Alleging Discrimination and Retaliation E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
In re: Aqueous Film-Forming Foams Products Liability Litigation – PFAS Class Action Litigation
U.S. District Court for the Division of South Carolina, Charleston Division, Case No. 2:18-mn-2873-RMG

PUBLIC COMMENT
There were no speakers.
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ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:51 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.

IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported that the City Council considered two claims in Closed Session related to storm events; the City Council voted unanimously (5-0) to resolve two claims by Ryan Kir in the amount of $230,000 and voted unanimously (5-0) to reject the claim by Cascao/Periera.

Following the report from Closed Session, the City Council proceeded with the proclamation item.

V. MINUTES: Special Meeting of May 11, 2023 and Regular Meeting of June 12, 2023 On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on voice vote, the minutes of the special meeting of May 11, 2023 and regular meeting of June 12, 2023 were approved.

Following action on the minutes, the City Council proceeded with the Mayor’s Applause Presentation item.

VI. PROCLAMATION
• UNITED AGAINST HATE WEEK, NOVEMBER 12-18, 2023
All Councilmembers participated in the reading of the proclamation in recognition of United Against Hate Week. Megan Gosch, Management Analyst, Office of Community Affairs, San Mateo County provided comments.

Following the reading of the proclamation, the City Council proceeded with consideration of approval of the minutes.

VII. PRESENTATION
• MAYOR'S APPLAUSE
Mayor Krolik recognized the Hillsborough Beautification Foundation for the Veterans Day event. Councilmembers provided comments. Mayor Krolik thanked veterans for their service.

VIII. PUBLIC COMMENT I
Norm Torello, Medical Equipment Loan Program (MELP), provided information regarding the program to recondition, recycle and reuse donated medical equipment, and distributed written materials.

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

X. CONSENT CALENDAR
Councilmember Royse requested to remove Item 8 and Item 16 from the Consent Calendar.

No members of the public requested to remove an item from the Consent Calendar.

On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on voice vote, Consent Calendar Items 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 and 15 were approved.

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

2. RESOLUTION APPOINTING ONE MEMBER TO THE ADMINISTRATIVE HEARING

PANEL, TWO MEMBERS TO THE ARCHITECTURE AND DESIGN REVIEW BOARD,

TWO MEMBERS TO THE CITIZENS COMMUNICATION ADVISORY COMMITTEE

AND TWO MEMBERS TO THE FINANCIAL ADVISORY COMMITTEE FOR TERMS JANUARY 1, 2024 THROUGH DECEMBER 31, 2026 PURSUANT TO CEQA GUIDELINE 15378
The resolution appointing one member to the Administrative Hearing Panel, two members to the Architecture and Design Review Board, two members to the Citizens Communication Advisory Committee and two members to the Financial Advisory Committee for terms January 1, 2024 through December 31, 2026 pursuant to CEQA Guideline 15378 was adopted.

3. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 8.32 OF THE

HILLSBOROUGH MUNICIPAL CODE TO BAN GAS POWERED LEAF BLOWERS The ordinance entitled, "An Ordinance of the City Council of the Town of Hillsborough Amending Chapter 8.32 of the Hillsborough Municipal Code Relating to Gas- Powered Leaf Blowers" was adopted.

4. RESOLUTION AUTHORIZING THE TOWN HALL LIGHTING SCHEDULE TO COMMEMORATE EVENTS PURSUANT TO CEQA GUIDELINE 15378
The resolution authorizing the Town Hall lighting schedule to commemorate events was adopted.

5. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH CSG
CONSULTANTS, INC. FOR THE PARKSIDE AVENUE BRIDGE REPLACEMENT PROJECT IN THE AMOUNT OF $415,252.00 PURSUANT TO CEGA GUIDELINES 15302 AND 15306
The resolution approving and authorizing the City Manager to execute an agreement with CSG Consultants, Inc. for Engineering Consulting Services for the Parkside Avenue Bridge Demolition and Replacement Project in the amount of $415,252.00, with a 5% contingency, for a total not to exceed amount of $436,015.00 and allocating funds from the CIP Public Works Streets CIP budget (CIP # 000.00) in the approved FY 2023-24 budget was adopted.

6. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE TWO (2) TWO-YEAR CONTRACTS WITH BARTLEY PUMP, PM. LLC (PUMP MAN) AND UNICO MECHANICAL CORP. (UNICO) FOR ON-CALL WATER

AND SEWER PUMP MAINTENANCE AND REPAIR SERVICES FOR A TOTAL NET NOT-TO-EXCEED AMOUNT OF $120,000.00 FOR BOTH CONTRACTS PURSUANT TO CEQA GUIDELINE 15301
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The resolution awarding to and authorizing the City Manager to execute two (2) two-year contracts with Pump Man and Unico for on-call pump maintenance and repair contract services for a total net not-to-exceed amount of $120,000.00 was adopted.

7. RESOLUTION RATIFYING THE EMERGENCY CONTRACT WITH NORGO ENGINEERING, INC. FOR EMERGENCY STORM DRAIN REPLACEMENT AT 2530 SKYFARM DRIVE IN THE AMOUNT OF $198,500.00, PLUS A 10% CONTINGENCY IN THE AMOUNT OF $19,850.00, FOR A TOTAL PROJECT COST OF $218,350.00 PURSUANT TO CEQA GUIDELINE 15301
The resolution ratifying the emergency contract with NORGO Engineering, Inc. for emergency storm drain replacement at 2530 Skyfarm Drive in the amount of $198,500.00, with a 10% contingency in the amount of $19,850, if needed, for a total allocation of $218,350.00 was adopted.

8. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT FOR LEAD SERVICE LINE INVENTORY PROFESSIONAL SERVICES TO HAZEN AND SAWYER, INC. FOR A NOT-TO-EXCEED AMOUNT OF $99,480.00 PURSUANT TO CEQA GUIDELINE 15301
Councilmember Royse provided comments. Public Works Director Paul Willis responded to City Council questions.

On motion by Councilmember Royse, seconded by Vice Mayor Cole and unanimous on voice vote, the resolution awarding to and authorizing the City Manager to execute an agreement with Hazen and Sawyer, Inc. to provide LSLI professional services in the amount of $99,480.00, with a 10% contingency of $9,948.00, for a not-to-exceed amount of $109,428.00, to be allocated from the FY 2023-24 and FY 2024-25 water professional services budgets was adopted.

9. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH WESLEY CONSTRUCTION, INC. FOR THE DOWNSTAIRS POLICE DEPARTMENT REMODEL IN THE AMOUNT OF $341,308.58, AUTHORIZING ADDITIONAL FUNDING IN THE AMOUNT OF $54,508.58, AND DIRECTING STAFF TO FILE A NOTICE OF COMPLETION PURSUANT TO CEQA GUIDELINE 15302
The resolution accepting as complete the contract with Wesley Construction, Inc. for the downstairs Police Department remodel in the amount of $341,308.58, authorizing additional funding in the amount of $54,508.58, and directing staff to file a notice of completion for the project and release withheld retention in accordance with state prompt payment laws was adopted.

10. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH 3D DATA COM (DBA 3-D TECHNOLOGIES SERVICES, INC.) TO

INSTALL AND MAINTAIN A SALTO ACCESS AND CONTROL SYSTEM ON THE

TOWN HALL, FINANCE AND POLICE DEPARTMENT COMPLEX BUILDINGS IN THE AMOUNT OF $85,145.00 PURSUANT TO CEQA GUIDELINE 15301
The resolution approving and authorizing the City Manager to execute an agreement with 3D Data Com (dba 3-D Technologies Services, Inc.) for the installation and maintenance of a Salto Access and Control Security System on the Town Hall Complex and Gatehouse buildings in the amount of $85,145.00, with a 10% contingency of $8,514.50, for a total not-to-exceed amount of $93,959.50 and allocating funds from the approved FY 2023-24 budget was adopted.

11. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH CONSOLIDATED CM, INC.

FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE

DARRELL WATER TANK REPLACEMENT PROJECT IN THE AMOUNT OF $149,862.00, RESULTING IN A TOTAL AMOUNT OF $649,590.00 PURSUANT TO CEQA GUIDELINE 15301
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The resolution approving and authorizing the City Manager to execute an amendment to the existing agreement with Consolidated CM, Inc. for construction management and inspection services for the Darrell Water Tank Replacement Project in the amount of $149,862.00, for a total not-to-exceed contract amount of $649,590.00, allocating funds from the approved Darrell Tank Improvement (Capital Improvement Plan #511) budget was adopted.

12. RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC WORKS VEHICLE IN THE AMOUNT OF $97,369.64 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving the purchase of one Ford F-350 cab/chassis and dump lift gate, as a replacement for the current Ford Dump Truck in the amount of $97,369.64 and allocate funds from the Public Works Vehicle Capital Replacement Fund was adopted.

13. RESOLUTION APPROVING THE PURCHASE OF AN ADMINISTRATIVE REPLACEMENT POLICE VEHICLE IN THE AMOUNT OF $66,432.03 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving the purchase of an administrative replacement vehicle, a 2024 Chevrolet Tahoe, for a total cost of $66,432.03, allocating funds from the Police Vehicle Capital Replacement Fund was adopted.

14. RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT MARKED PATROL VEHICLE IN THE AMOUNT OF $57,849.28 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving the purchase of one replacement marked patrol vehicle, a 2023 Ford Explorer Police Interceptor Utility, for the amount of $57,849.28 from National Auto Fleet Group, allocating funds from the Police Vehicle Capital Replacement Fund was adopted.

15. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH MIG, INC. FOR

PROFESSIONAL SERVICES TO CONDUCT ENVIRONMENTAL REVIEW FOR THE TOWN OF HILLSBOROUGH 6TH CYCLE HOUSING ELEMENT UPDATE 2023-2031 AND ASSOCIATED GENERAL PLAN ELEMENTS IN THE AMOUNT OF $78,714.00 RESULTING IN A TOTAL NOT-TO-EXCEED AMOUNT OF $327,459.00 PURSUANT TO CEQA GUIDELINE 15306
The resolution approving and authorizing the City Manager to execute an amendment to the existing agreement with MIG, Inc. to conduct the environmental review for the Housing Element Update 2023-2031 and associated revisions to general plan elements was adopted.

16. MOTION TO OPT-OUT AND AUTHORIZE THE CITY MANAGER, OR THEIR DESIGNEE, TO OPT-OUT IN THE PENDING CLASS ACTION SETTLEMENT IN RE:

AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION, MULTIDISTRICT LITIGATION, CASE NO.: 2:18-MM-2873-RMG PURSUANT TO CEQA GUIDELINE 15061(b)(3)
Councilmember Royse provided comments. City Attorney Christopher Diaz provided comments.

On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on voice vote, the City Council opted out and authorized the City Manager, or his designee, to execute an opt out letter in the pending class action case of in re: Aqueous FilmForming Foams Products Liability Litigation, Case No.: 2:18-mm-2873-RMG.

Mayor Krolik thanked the board and committee applicants appointed in Item 2 for their service.

XI. PUBLIC HEARING
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17. PUBLIC HEARING ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE HILLSBOROUGH 6TH CYCLE HOUSING ELEMENT UPDATE PROJECT
Assistant Director of Building & Planning Liz Ruess provided the staff report.

Mayor Krolik opened the public hearing at 6:38 p.m. There were no speakers. Mayor Krolik closed the public hearing at 6:38 p.m.

Councilmembers provided comments.

XII. OLD BUSINESS

18. 40 BAYWOOD AVENUE PROPERTY DONATION UPDATE PURSUANT TO CEQA GUIDELINE 15378
City Manager Doug Davis provided the staff report. City Attorney Christopher Diaz provided additional information.

Mayor Krolik opened public comment.

Susan Bardet inquired about the process and expressed concern that the wishes of the owner of the property are not being followed.

Mayor Krolik closed public comment.

Following discussion, by consensus, the City Council directed to not pursue the lease agreement offered to the Town.

XIII. NEW BUSINESS

19. INTRODUCTION OF AN ORDINANCE AMENDING SECTION 1.28.040 OF THE

MUNICIPAL CODE RELATING TO CLAIMS AGAINST THE TOWN AND
CONSIDERATION OF A RESOLUTION AMENDING TOWN POLICY NO. 415 -

SETTLEMENT AUTHORITY REGARDING CLAIMS AGAINST THE TOWN PURSUANT TO CEQA GUIDELINE SECTION 15378
City Clerk Lisa Natusch provided the staff report. Finance Director Jan Cooke, Public Works Director Paul Willis and City Manager Doug Davis provided additional information.

Mayor Krolik opened public comment.

Dennis Moore inquired as to why the increase to $50,000 is desirable and requested a Councilmember be delegated to oversee the process.

Mayor Krolik closed public comment.

On motion by Councilmember Royse, seconded by Councilmember Chuang and unanimous on voice vote, the ordinance entitled, “Ordinance of the City Council of the Town of Hillsborough Amending Section 1.28.040 of the Hillsborough Municipal Code Relating to Claims Against the Town” was introduced with further reading waived, and staff was directed to bring back to the City Council a resolution approving amendments to Policy No. 415 and to provide a quarterly report of claims approved by the City Manager.

XIV. PUBLIC COMMENT II
There were no speakers.

XV. CITY COUNCIL ITEMS
Councilmember Chuang reported her attendance at a meeting of the SamTrans Board and a SamTrans Board retreat and a meeting of the Central County Fire Board. Councilmember Chuang expressed appreciation to the Central County Fire Department and Police Department for their assistance with the Hillsborough Neighborhood Network Townwide Drill. -24-
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Councilmember Royse reported his attendance at a meeting of the SBWMA Board, his participation on a committee for the RethinkWaste Poster Contest, and his attendance at a meeting of the SFO/Community Roundtable. Councilmember Royse provided information regarding the Right of Repair Act.

Councilmember Ragsdale reported her attendance at the Youth Commission Digital Tech Day Workshop, provided an update on the Age-Friendly City initiative, announced an upcoming BAWSCA 20-year anniversary celebration, and reported her attendance at a meeting of the Hillsborough Recreation Commission.

Vice Mayor Cole reported her attendance at a meeting of the Central County Fire Department Board and Hillsborough Recreation Commission. Vice Mayor Cole reported Firewise Chair Dr.

David Weinberg will provide a Firewise update at the December City Council meeting.

Mayor Krolik thanked the Hillsborough Beautification Foundation and the Town’s veterans for the Veterans Day event, announced the upcoming Light Up the Town event, and reported her attendance at the Youth Commission Digital Tech Day Workshop. Mayor Krolik reported her attendance at a meeting of the C/CAG Board of Directors in which the availability of additional rain barrels and recruitment for the County Bicycle and Pedestrian Safety Committee was discussed. Mayor Krolik reported her attendance at the retirement reception for Fire Chief Bruce Barron and the ribbon cutting for the new South San Francisco Library and Community Center and thanked the Police Department for their assistance with the Halloween activities in the community.

XVI. TOWN UPDATE
City Manager Doug Davis provided an informational update regarding the Town’s ADU Dashboard and events and activities in the town.

Mayor Krolik announced the upcoming Ruby Bridges Walk to School Day events.

XVII. ADJOURNMENT
Mayor Krolik adjourned the meeting at 7:35 p.m. in honor of veterans. -25-

UNAPPROVED MINUTES
MONDAY, DECEMBER 11, 2023
5:00 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and 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
There were no announcements of conflict of interest.

CLOSED SESSION ITEM
A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Sevag Shirvanian
Employee Organization: Teamsters Local 350 - Public Works Supervisors

PUBLIC COMMENT
There were no speakers.

ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:48 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
RethinkWaste Poster Contest winner Chloe L. led the Pledge of Allegiance.

IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported that the City Council met in Closed Session, direction was given to staff, and there was no reportable action. -26-
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V. MAYOR'S STATE OF THE TOWN
Mayor Krolik presented the 2023 State of the Town.

VI. SELECTION OF MAYOR
Mayor Krolik opened nominations for the position of Mayor.

Vice Mayor Cole nominated Christine Krolik as Mayor. Councilmember Chuang seconded the nomination.

There were no further nominations.

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

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

Councilmember Royse nominated Sophie Cole as Vice Mayor. Councilmember Ragsdale seconded the nomination.

There were no further nominations.

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

VIII. RECOGNITION
• RECOGNITION OF RETHINKWASTE POSTER CONTEST WINNERS
Mayor Krolik recognized RethinkWaste Poster Contest Middle School First Place winner Alyssa L., 6th Grade, Crystal Springs Uplands School for her poster “Can We Do Better than Raccoons?” Alyssa provided comments regarding her poster.

Mayor Krolik recognized RethinkWaste Poster Contest Elementary School Second Place winner Chloe L., 3rd Grade, West Hillsborough Elementary for her poster, “I ❤ Sorting!” Chloe provided comments.

Mayor Krolik recognized the winners who were not present: Middle School Second Place winner Rya K., 7th Grade, Crocker Middle School for their poster, “Blue Black Green Bin” and Elementary School Honorable Mention winner Isabel Y., 5th Grade, Belmont Oaks Academy, Belmont, for their poster “Think Before You Toss!”.

Heather Mata, Principal, West Elementary congratulated the winners and provided comments.

Councilmember/SBWMA Board Member Royse provided comments regarding the contest.
• RECOGNITION IN HONOR OF THE MEMORY OF FORMER TOWN OF

HILLSBOROUGH MAYOR ANDREW BERWICK
Mayor Krolik provided comments in honor of the memory of former Town of Hillsborough Mayor Andrew Berwick.
• RECOGNITION IN HONOR OF THE MEMORY OF FORMER SAN MATEO COUNTY

SHERIFF AND MEMBER OF THE BOARD OF SUPERVISORS DON HORSLEY Mayor Krolik provided comments in honor of the memory of former San Mateo County Sheriff and member of the Board of Supervisors Don Horsley. -27-
Unapproved Minutes – Hillsborough City Council
Monday, December 11, 2023

Page 3 ends

IX. PRESENTATIONS
• FIREWISE UPDATE BY DR. DAVID WEINBERG
Dr. David Weinberg, Chair, Firewise Board, provided an update on Firewise activities, introduced Board Members Paul Saffo, Kitty Mullooly, Paul Regan, Gwen Wong and Josh Cooperman, outlined Firewise goals and requested the City Council consider support for Townwide chipping and include fire mitigation in future Municipal Code reviews. Dr. Weinberg provided comments regarding the contributions of the late Miklos “Mickey” Salgo and responded to City Council questions. • MAYOR'S APPLAUSE
Mayor Krolik recognized the Central County Fire Department (CCFD) for their annual holiday toy drive and the Hillsborough Police Department for their recent work to assist a family in need. Police Corporal Robert Kalkbrenner provided comments.

X. PUBLIC COMMENT I
Ben Eisler expressed concerns regarding a code enforcement matter related to the appearance of a neighbor’s home and displayed photos.

Norm Torello, Medical Equipment Loan Program (MELP), provided information regarding the program to recondition, recycle and reuse donated medical equipment and displayed written materials.

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

XII. CONSENT CALENDAR
Councilmember Chuang requested to remove Item 8 and Item 9 from the Consent Calendar.

Councilmember Royse requested to remove Item 5 from the Consent Calendar.

Dennis Moore requested to remove Item 5 from the Consent Calendar.

On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on voice vote, Consent Calendar Items 1, 2, 3, 4, 6 and 7 were approved.

1. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JULY 10, 2023 The City Council meeting minutes of July 10, 2023 were approved as submitted.

2. MONTHLY CLAIMS: NOVEMBER 1 THROUGH NOVEMBER 30, 2023 PURSUANT TO CEQA GUIDELINE 15378
The monthly claims for November 1 through November 30, 2023 were approved as submitted.

3. ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) TOGETHER WITH THE INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING FOR THE YEAR ENDED JUNE 30, 2023 PURSUANT TO CEQA GUIDELINE 15378
The Annual Comprehensive Financial Report together with the Independent Auditors’ Report on Internal Control over Financial Reporting for the fiscal year ended June 30, 2023 were accepted and filed.

4. ADOPTION OF AN ORDINANCE AMENDING SECTION 1.28.040 OF THE MUNICIPAL

CODE RELATING TO CLAIMS AGAINST THE TOWN AND ADOPTION OF A RESOLUTION AMENDING TOWN POLICY NO. 415: SETTLEMENT AUTHORITY -28-
Unapproved Minutes – Hillsborough City Council
Monday, December 11, 2023

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REGARDING CLAIMS AND LITIGATION AGAINST THE TOWN, PURSUANT TO CEQA GUIDELINE SECTION 15378
The ordinance entitled, “Ordinance of the City Council of the Town of Hillsborough Amending Section 1.28.040 of the Hillsborough Municipal Code Relating to Claims Against the Town” was adopted and the resolution amending Town Policy 415:

Settlement Authority Regarding Claims and Litigation Against the Town was adopted.

5. RESOLUTION ADOPTING THE TOWN OF HILLSBOROUGH 2024 LEGISLATIVE PLATFORM PURSUANT TO CEQA GUIDELINE 15378
Councilmember Royse provided comments and recommended adding an item related to fire insurance, stronger language related to support for regional collaboration to meet housing needs, opposition to increasing housing density, support for advancing responsible use of pesticides and including support for the evaluation of noise and health impacts of flight paths in state and federal evaluations of impacts.

Mayor Krolik opened public comment.

Dennis Moore stated that he submitted written comments regarding the item and requested the platform advocate for things that improve the quality of life for Hillsborough residents and recommended a survey of residents to understand what they want.

Mayor Krolik closed public comment.

On motion by Councilmember Royse, seconded by Councilmember Ragsdale and unanimous on voice vote, the resolution adopting the Town of Hillsborough 2024 Legislative Platform pursuant to CEQA Guideline 15378 was continued to a future meeting.

6. RESOLUTION ESTABLISHING THE LOCAL APPOINTMENTS LIST FOR CALENDAR YEAR 2024 PURSUANT TO CEQA GUIDELINE 15378
The resolution establishing the Local Appointments List for calendar year 2024 was adopted.

7. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CHARLES ELECTRIC, INC. TO REPLACE THE GENERATOR AT FIRE STATION 32 IN THE AMOUNT OF $188,640.00 PURSUANT TO CEQA GUIDELINE 15301
The resolution awarding to and authorizing the City Manager to execute a contract with Charles Electric, Inc. for the installation of a new generator at Fire Station 32 in the amount of $188,640.00 with a 6% contingency of $11,318.40 for a total sum of $199,958.40 was adopted.

8. RESOLUTION APPROVING THE PURCHASE AND REPLACEMENT OF THE POLICE DEPARTMENT’S BASE STATION RADIO EQUIPMENT FROM

TELECOMMUNICATIONS ENGINEERING ASSOCIATES IN THE AMOUNT OF $268,110.00 AND APPROVING A FISCAL YEAR 2023-24 BUDGET AMENDMENT IN

THE POLICE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND IN THE AMOUNT OF $268,110.00 PURSUANT TO CEQA GUIDELINE 15378
This item was considered with Item 9.

Police Chief Nelson Corteway and Communications Manager Joey Williamson responded to City Council questions.

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

On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on voice vote, the resolution approving the purchase and replacement of the -29-
Unapproved Minutes – Hillsborough City Council
Monday, December 11, 2023

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Police Department’s base station radio equipment from Telecommunications Engineering Associates in the amount of $268,110.00 and approving a FY 2023-24 budget amendment in the Police Supplemental Law Enforcement Services Fund was adopted.

9. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR AGREEMENT WITH BRINC DRONES, INC. FOR THE PURCHASE OF ONE LEMUR 2 DRONE IN THE AMOUNT OF $109,374.53 AND APPROVING A FISCAL YEAR 2023-24 BUDGET AMENDMENT IN THE POLICE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND IN THE AMOUNT OF $109,374.53 PURSUANT TO CEQA GUIDELINE 15378
This item was considered with Item 8.

Police Chief Nelson Corteway and Corporal Robert Kalkbrenner responded to City Council questions.

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

On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on voice vote, the resolution approving and authorizing the City Manager to execute a five-year agreement with Brinc Drones, Inc. for the purchase of one Lemur 2 Drone in the amount of $109,374.53 and approve a FY 2023-24 budget amendment from the Supplemental Law Enforcement Services Fund in the amount of $109,374.53 was adopted.

XIII. PUBLIC COMMENT II
There were no speakers.

XIV. TOWN UPDATE
City Manager Doug Davis provided an informational update regarding the Town’s ADU Dashboard and events and activities in the town.

XV. CITY COUNCIL ITEMS
Councilmember Royse provided information regarding the December meeting of the SFO Airport/Community Roundtable and reported his attendance at the SBWMA annual Board retreat and the Peninsula Clean Energy annual Board retreat as an alternate on behalf of Councilmember Ragsdale.

Councilmember Ragsdale reported her attendance at a meeting of the BAWSCA Board and celebration of their 20th year anniversary and the Town’s Years of Service Recognition and Holiday Party.

Vice Mayor Cole expressed appreciation for the Town’s Years of Service Recognition and Holiday Party.

Mayor Krolik expressed appreciation to those involved in the planning of the Town’s Years of Service Recognition and Holiday Party and to the Hillsborough Beautification Foundation for the Light Up the Town event.

XVI. ADJOURNMENT
Mayor Krolik adjourned the meeting at 7:32 p.m. in honor of “Rags” Ragsdale. -30-

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

CITY COUNCIL MEETING
FEBRUARY 12, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: JANUARY 1 THROUGH JANUARY 31, 2024 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The monthly claims for the month of January 2024 in the amount of $5,405,512.58 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 January 2024 as submitted. -31-

TOWN OF HILLSBOROUGH

REPORT OF GOODS & SERVICES PURCHASED
DURING THE MONTH OF JANUARY 2024
PREPARED BY:

Alan Singh
DocuSign Envelope ID: B962C19B-511E-427B-8BA9-220F127EAE20 -32-

TOWN OF HILLSBOROUGH

SUMMARY OF PURCHASES
DURING THE MONTH OF JANUARY 2024
GOODS & SERVICES PURCHASED $3,236,573.75
NET SALARIES & TAXES PAID 1,059,616.58
HEALTH BENEFIT PREMIUMS 186,841.16
CCFD FUNDING 703,368.00
SAN FRANCISCO WATER PAYMENTS 219,113.09
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $5,405,512.58

FINANCE DIRECTOR DATE

CITY MANAGER DATE
DocuSign Envelope ID: B962C19B-511E-427B-8BA9-220F127EAE20 2/7/2024
2/7/2024
-33-

COMPARATIVE SUMMARY
For the Month of JANUARY 2024
Jan-24 Jan-23 Jan-22
Goods & Services Purchased:

Operations 1,666,056.49 1,600,651.41 1,507,283.69
Capital 1,570,517.26 605,670.31 247,496.44
Net Salaries & Taxes Paid 1,059,616.58 944,466.71 946,090.06 Health Benefit Premiums 186,841.16 169,784.70 160,792.01 Bond Payments 0.00 39,282.36 25,641.65
CCFD Funding 703,368.00 654,879.00 602,441.00
San Francisco Water Payments 219,113.09 209,265.54 187,194.91 Total $5,405,512.58 $4,224,000.03 $3,676,939.76
NOTES:

Operations -
Capital -
Net Salaries & FY 23/24 payroll is consistent with the prior year, and the increase is primarily attributable Taxes Paid - to timing of filling open positions and cost of living increase effective January 1, 2024.

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 consistent to FY 22/23 spending.

Capital project spending in January 2024 is primarily for the Street Resurfacing project, Priority Basins I & I Rehab, Darrell Tank Improvement, and the Storm Drain repairs.

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

DocuSign Envelope ID: B962C19B-511E-427B-8BA9-220F127EAE20 -34-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JANUARY 2024
CK # VENDOR DESCRIPTION AMOUNT
2531 CHRISTINA GRIGSBY REIMB - TRAVEL EXP SRO CLASS 9/18-22/23 PD 312.24 13876 ANN STAR FORMAN FEE - NOTARY SERVICES NOV '23 PW 150.00 13877 ANNA LAURA JONES HISTORICAL DESIGN REVIEW BP 1,800.00 13878 ARCHIVESOCIAL, INC SOFTWARE - SOCIAL MEDIA ARCHIVING PD 2,988.00 13879 AT&T 10/10/23-11/9/23 898.84
13880 AT&T 11/10/23-12/9/23 898.84
13881 AT&T 11/17/23-12/16/23 PD 62.44
13882 AT&T 11/19/23-12/18/23 252.53
13883 AT&T 11/20/23-12/19/23 727.52
13884 AUTO PRIDE CAR WASH, INC NOV'23 CAR WASHES PD 181.92 13885 BIG STATE INDUSTRIAL SUPPLY, INC SUPPLIES - GLOVES PW 236.12 13886 BOSCO OIL COMPANY GAS PD 3,512.17
13887 STATE OF CA ENERGY RESOURCES LOAN PAYMENT PW 32,820.68 13888 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 396.09 13889 CITY OF BURLINGAME DEC '23 LIBRARY SERVICES CM 66,381.00 13890 COMCAST NOV '23 CALNET NONCGEN LINE IT 4,838.20
13891 CSG CONSULTANTS, INC. BUILDING INSPECT SERVICE NOV '23 BP 5,876.00 13892 DARCY & HARTY CONST., INC. SANITARY SEWER REPLACEMENT 23A PRJ PW 688,291.91 13893 DEPARTMENT OF JUSTICE NOV'23 FINGERPRINT SERVICE PD 32.00 13894 FLOWATER EQUIP - DEC '23 WATER STATION BP 164.06
13895 HASSETT HARDWARE-SAN MATEO SUPPLIES - FASTENERS PW 14.47 13896 INFOSEND, INC. OCT '23/NOV '23 UTILITY BILLING FN 2,561.22 13897 INTERSTATE BATTERY SYSTEM OF SF PARTS - SIGN BOARD E-7 PW 540.83 13898 INTERWEST CONSULTING GROUP NOV '23 BUILDING INSPECTOR SERVICES BP 2,000.00 13899 KNOWBE4, INC TRAIN - CYBERSECURITY AWARENESS 2/16/24-2/15/25 IT 2,527.20 13900 MASTERPIECE GARDENERS, INC MAINT - NOV'23/DEC'23 HBF LANDSCAPE VARIOUS SITES 1,200.00 13901 NAPA AUTO PARTS - BURLINGAME PARTS - STOPLIGHT TRUCK# 210 PW 21.63 13902 NORCAL RENTAL GROUP LLC EQUIP - BOOM RENTAL PW 940.19 13903 ODYSSEY POWER CORPORATION MAINT - GENERATOR BROOK CT PW 396.00 13904 ELIOS SOLAR, INC REFUND - PERMIT OVERPAY BP 905.80 13905 SIMON DEVELOPMENTS REFUND - ADR REVIEW FEES BP 1,148.00 13906 TESLA ENERGY OPERATIONS, INC REFUND - PERMIT OVERPAY BP 178.00 13907 WIZARD PLUMBING & DRAINAGE REFUND - PERMIT FEE VOID BP 278.62 13908 ADAM BENNETT REIMB - FINGERPRINT SERVICE FEE HR 91.00 13909 ADRIENNE TORRE REIMB - FINGERPRINT SERVICE FEE HR 49.00 13910 CARLO LOPICCOLO REIMB - FINGERPRINT SERVICE FEE HR 84.42 13911 CHRISTOPHER LOZA REIMB - FINGERPRINT SERVICE FEE HR 84.00 13912 DONTE BUTCHER REIMB - FINGERPRINT SERVICE FEE HR 123.94 13913 GINA ABINADER REIMB - FINGERPRINT SERVICE FEE HR 119.00 13914 JIMMY CHUNG REIMB - FINGERPRINT SERVICE FEE HR 114.00 13915 JOCELYN QUOCK REIMB - FINGERPRINT SERVICE FEE HR 109.00 13916 JUSTIN LEE REIMB - FINGERPRINT SERVICE FEE HR 84.42 13917 KELEPI LATAIMUA REIMB - FINGERPRINT SERVICE FEE HR 84.00 13918 SAMUEL PENA MARQUEZ REIMB - FINGERPRINT SERVICE FEE HR 93.55 13919 PENINSULA TRUCK REPAIR INC MAINT - SWEEPER #250 PW 1,939.48 13920 PENINSULA UNIFORMS & EQUIPMENT, INC UNIFORMS - VARIOUS ITEMS STAFF PD 5,858.31 13921 PRIORITY 1 MAINT - NOV'23 VEHICLE MAINTENANCE PD 3,300.00 13922 RED WING SHOE STORE WORK BOOTS - PW 300.00
13923 SAN MATEO COUNTY FORENSIC LAB NOV'23 CRIME LAB SERVICES 1,006.00 13924 SAN MATEO LUMBER CO., INC MATERIALS - WOOD/DOOR PULL/SEALANT PW 43.61 13925 SHARP ELECTRONICS CORPORATION JUN '23-AUG '23 COPIER CHARGES BP 0.00 13926 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,196.71 13927 TELECOMMUNICATIONS ENGINEERING DEC'23 COMMUNICATIONS CENTER/BASE PD 2,345.50 13928 THE ADAM-HILL COMPANY PARTS - WATER HOSE/NOZZLE PW 249.02 13929 THOMSON WEST NOV'23 INVESTIGATIVE WEBSITE PD 1,015.00 13930 TURBO DATA SYSTEMS, INC. NOV'23 CITATION PROCESSING & SCANNER PD 1,594.41 13931 ULINE, INC. SUPPLIES - DOG BAGS PARKS PW 272.22
13932 VERIZON WIRELESS 11/7/23-12/6/23 PD 228.06
DocuSign Envelope ID: B962C19B-511E-427B-8BA9-220F127EAE20 -35-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JANUARY 2024
13933 ALERT DOOR SERVICE, INC. MAINT - GATE CORP YARD PW 500.00 13934 ARAMARK SERVICES, INC COFFEE & SUPPLIES BP 748.76 13935 AT&T 11/24/23-12/23/23 511.20
13936 AT&T 11/20/23-12/19/23 45.57
13937 BAY AREA AIR QUALITY MGMT. DIS PERMIT RENEWAL FEE - TOURNAMENT PW 1,038.00 13938 BAY AREA WATER SUPPLY & CONSERVE WATERS LOSS CONTROL PROGRAM APR '23/SEPT '23 9,201.27 13939 BAY PRO JAN'24 LANDSCAPE MAINT VARIOUS SITES HBF 2,741.00 13940 BAYSIDE BUILDING MATERIALS INC MATERIALS - SOIL PW 352.94 13941 BETTER SOURCE LIQUIDATORS FURNITURE - ADMIN OFFICE PW 1,559.28 13942 BOSCO OIL COMPANY GAS/DIESEL PW 5,076.10
13943 BURNETT LANDSCAPE DEVELOPMENT INC MAINT - DEC '23/JAN '24 HBF LANDSCAPE VARIOUS SITES 17,443.70 13944 CALIFORNIA ROOFING COMPANY INC MAINT - REMOVE TARP/RESEAL PIPES FIRE#33 PW 690.00 13945 CENTRAL COUNTY FIRE DEPARTMENT JAN '24 FISCAL CONTRIBUTION 703,368.00 13946 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 1,591.52 13947 CITY OF BURLINGAME JUN-SEP '23 SEWER BILLING FY 23/24 PW 460,675.05 13948 CITY OF SAN MATEO JAN '24 LIBRARY SERVICES CM 22,546.09 13949 CLARK PEST CONTROL PEST CONTROL - ALL DEPARTMENTS PW 500.00 13950 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICE PW 9,024.00 13951 CO OF SAN MATEO INFO SERVICES DEPT. NOV'23 MICRO CHANNEL LINES PD 167.51 13952 COLMA FIREMEN'S SOCIAL CLUB COUNCIL OF CITY MEETING 12/15/23 CO 120.00 13953 COMCAST DEC '23 MULTIPLE ACCOUNTS PW 492.49
13954 CONSOLIDATED CM, INC DARRELL TANK REPLACE PRJ MANAGE PW 87,794.19 13955 QUALITY ASSURANCE ENGINEERING, INC DARRELL TANK PRJ MATERIALS TESTING PW 4,662.63 13956 CORE & MAIN LP PARTS - BOLTS/GASKETS/SHOVELS PW 1,735.66 13957 COUNTY OF SAN MATEO FY2023-24 ANIMAL CONTROL PD 77,440.00 13958 CSG CONSULTANTS, INC. CIP ADM SEWER 9/30/23-10/27/23 & VARIOUS PRJ PW 214,800.00 13959 DAILY JOURNAL CORPORATION LEGAL NOTICE 12/16/23 POST ADOPT ORD 791 CL 595.30 13960 DANIEL RICHARD CHARLES INSTALL - POWER WIRING SIGN BOARD STATION 33 PW 7,844.83 13961 DEBORAH YACOBELLIS CONSULT - CRW/TRACK IT DEC '23 BP 3,465.00 13962 DU-ALL SAFETY, LLC NOV '23/DEC '23 SAFETY CONSULT PW 20,242.50 13963 ERLER & KALINOWSKI, INC SEWER CIP PHASE 1C CM SUPPORT & VARIOUS PRJ 8,242.50 13964 EXXELL CORPORATION MAINT - FIRE EXTINGUISHERS ALL DEPARTMENTS PW 4,962.33 13965 FARALLON COMPANY INSTALL - STORM DRAIN INLET & BOX AT PD PW 59,270.00 13966 FERGUSON US HOLDINGS, INC SUPPLIES - CHLORINE TABLETS & VARIOUS ITEMS PW 41,592.17 13967 FLOWATER EQUIP - NOV '23 WATER STATION BP/PW 382.82 13968 FORWARD LATERAL SOFTWARE - 2024 ARC GIS/STORAGE PW 22,680.00 13969 G. BORTOLOTTO & CO 2023 STREET RESURFACING PRJ PW 300,564.71 13970 GATEWAY PACIFIC CONTRACTORS, INC DARRELL WATER TANK PRJ RETENTION ESCROW PW 263,304.65 13971 GLENN BERKHEIMER NOV '23/JAN '24 LABOR RELATIONS HR 3,400.00 13972 GOLDFARB LIPMAN ATTORNEYS NOV '23 LEGAL SERVICE HOUSING ELEMENT BP 425.00 13973 GRAINGER TOOLS - WRENCHS & VARIOUS ITEMS PW 2,661.85 13974 HACH COMPANY WATER QUALITY SUPPLIES PW 231.83
13975 HALEY & ALDRICH, INC MACADAMIA ACCESS ROAD DESIGN PRJ PW 10,026.50 13976 HASSETT HARDWARE-SAN MATEO SUPPLIES - MOSS CONTROL SPRAY PW 29.15 13977 HOME DEPOT CREDIT SERVICES OCT '23 VARIOUS PARTS & SUPPLIES PW 3,084.69 13978 INFRASTRUCTURE ENGINEERING CORP DARREL TANK REPLACE PRJ PW 12,482.68 13979 INFRASTRUCTURE ENGINEERING CORP DARREL TANK REPLACE PRJ PW 2,653.10 13980 INTERSTATE BATTERY SYSTEM OF SF PARTS - BATTERIES BACKHOE #2 PW 386.82 13981 INTERSTATE TRAFFIC CONTROL PRODUCTSPARTS - VARIOUS ITEMS PW 3,386.26 13982 REBECCA BURNSIDE DEC '23 HR SERVICES 11,725.51
13983 JOANNE M. AKAY CATERING - OCT'23 MANAGEMENT MEETING BP 450.00 13984 KRONOS SAASHR, INC. DEC'23 PAYROLL PROCESSING FN 2,042.89 13985 LEAF CAPITAL FUNDING EQUIP - SEP '23 WATER STATION CM 9.53 13986 LEAGUE OF CALIFORNIA CITIES 2024 MEMBERSHIP DUES CM 6,742.00 13987 MAMME INC CATERING - CITY COUNCIL MEETING 1/8/24 CO 191.84 13988 METROPOLITAN PLANNING GROUP INC CONSULT - NOV '23 PLANNER SERVICES BP 9,487.50 13989 NAPA AUTO PARTS - BURLINGAME SUPPLIES - BLUE DEF PW 56.96 13990 NORGO ENGINEERING INSTALL - DRAIN PIPE/INLETS PULLMAN/WOODRIDGE PW 64,350.00 13991 OCCUPATIONAL HEALTH CENTERS OF CA EMPLOYEE PHYSICALS HR 1,522.00 13992 ODYSSEY POWER CORPORATION MAINT - GENERATOR MULTIPLE SITES PW 1,157.00 13993 121 BELLA VISTA LLC REFUND - GRADE DEPOSIT BP 20,000.00 DocuSign Envelope ID: B962C19B-511E-427B-8BA9-220F127EAE20 -36-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JANUARY 2024
13994 ANGELOS DASSIOS REFUND - GREEN DEPOSIT BP 1,200.00 13995 ANGELOS DASSIOS REFUND - BUILD DEPOSIT BP 1,645.00 13996 ANTHONY & ELAINE CHIU TTEES REFUND - BUILD DEPOSIT BP 1,300.00 13997 CBW CONSTRUCTION REFUND - GREEN DEPOSIT BP 1,200.00 13998 CHRISTY MACLEAN CHU REFUND - BUILD DEPOSIT BP 4,361.00 13999 CHS CONSTRUCTION, INC REFUND - BUILD DEPOSIT BP 42,950.00 14000 DANIEL WANG REFUND - BUILD DEPOSIT BP 21,112.50
14001 DEREK ZANUTTO & CRISTIN CHINN REFUND - GRADE DEPOSIT BP 15,000.00 14002 DIMITRIOS SOGAS REFUND - BUILD DEPOSIT BP 19,035.00 14003 GREGORY & ERIKA MILIOTES REFUND - BUILD DEPOSIT BP 1,850.00 14004 HEDY KEVAH REFUND - GRADE DEPOSIT BP 7,500.00
14005 KYLE RYLAND REFUND - BUILD DEPOSIT BP 3,897.00
14006 MATTHEW ALIOTO REFUND - BUILD DEPOSIT BP 3,600.00 14007 MAYA CHOKSI EICHLER TTEE REFUND - BUILD DEPOSIT BP 16,000.00 14008 WILLIAM & ELIZABETH SEYBOLD REFUND - BUILD DEPOSIT BP 3,500.00 14009 WILLIAM & JANETTE GARNER REFUND - BUILD DEPOSIT BP 7,314.00 14010 ZHI-MING ZHONG REFUND - GREEN DEPOSIT BP 1,200.00 14011 MARK ARMANINO REIMB - WORK BOOTS PW 285.47
14012 PAKPOUR CONSULTING GROUP,INC 2023 STREET RESURFACING PRJ INSPECT PW 22,281.25 14013 PENINSULA TRUCK REPAIR INC MAINT - MULTIPLE VEHICLES PW 803.88 14014 PG & E 11/8/23-12/8/23 MULTIPLE ACCOUNTS 33,169.08 14015 R & A JANITORIAL SERVICE, LLC JAN '24 JANITORIAL SERVICES PW 9,943.62 14016 RICE TRUCKING-SOIL FARM SUPPLIES - DRAIN ROCK PW 1,223.86 14017 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - MULTIPLE INVOICES FN/CM 16,518.99 14018 SAN MATEO CO CITY MANGERS ASSOC. FEE - 2024 MEMBERSHIP DUES CM 500.00 14019 SAN MATEO LUMBER CO., INC SUPPLIES - SIGNBOARD ROOF STATION #33/RAKES PW 467.37 14020 SFPUC FINANCIAL SERVICES OCT '23 - WATER QUALITY ANALYSIS PW 1,050.00 14021 SHAWN KIRBY DEC '23 POOL SERVICE 1640 RENTAL PW 200.00 14022 SIEMENS INDUSTRY, INC MAINT - FIRE SPRINKLER BATTERY TOWN HALL PW 691.32 14023 SOUTH BAYSIDE WASTE MANAGEMENT 2022 SHREDDING EVENT PW 1,842.82 14024 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,366.70 14025 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR CERT D2 STAFF PW 80.00 14026 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR CERT D1 STAFF PW 30.00 14027 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR CERT D2 STAFF PW 45.00 14028 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR CERT D1 STAFF PW 50.00 14029 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR CERT D2 STAFF PW 80.00 14030 STATE WATER RESOURCES CONTROL ANNUAL PERMIT FEE 7/23-6/24 MULTIPLE SITES PW 15,216.00 14031 TELSTAR INSTRUMENTS MAINT - SMARTCOVER SERVICE VARIOUS LOCATIONS 3,909.53 14032 TIMBERLINE TREE SERVICE, INC. MAINT - BRANCH/TREE REMOVAL MULTIPLE SITES PW 3,600.00 14033 TYLER TECHNOLOGIES, INC. SOFTWARE - MUNIS/ 12/1/23-11/30/24 FN 66,807.00 14034 ULINE, INC. SUPPLIES - DOG BAGS PARKS PW 1,447.74 14035 UNITED LABORATORIES SUPPLIES - SEWER LIFT-ZYME PW 3,092.28 14036 UTILITY TELECOM, INC. JAN '24 ETHERNET & CIRCUITS IT 393.15 14037 VERIZON WIRELESS 11/3/23-12/2/23 MULTIPLE ACCOUNTS PW 4,571.74 14038 WRA, INC SANDRA/HAYNE DRAIN REPLACE PRJ PW 4,199.50 14039 CALIFORNIA DEPARTMENT OF TAX OCT-DEC '23 Q4 SALES AND USE TAX 1,119.00 14040 DIVISION OF STATE ARCHITECT OCT-DEC '23 DISABILITY ACCESS & EDU FEE 76.80 TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $3,706,118.65 CALPERS RETIREMENT CONTRIBUTIONS 111,488.57
VISA PAYMENTS 35,397.90
RETIREE HEALTH REIMBURSEMENTS 86,936.63
OTHER ELECTRONIC PAYMENTS 0.00
TOTAL GOODS & SERVICES FOR THE MONTH $ 3,939,941.75
DocuSign Envelope ID: B962C19B-511E-427B-8BA9-220F127EAE20 -37-

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

CITY COUNCIL MEETING
FEBRUARY 12, 2024

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

EXECUTE A SECOND AMENDMENT TO THE EXISTING AGREEMENT WITH CONSOLIDATED CM, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE DARRELL WATER TANK REPLACEMENT PROJECT IN THE AMOUNT OF $176,336.00, RESULTING IN A TOTAL AMOUNT OF $825,926.00 PURSUANT TO A PREVIOUSLY

ADOPTED MITIGATED NEGATIVE DECLARATION
SUMMARY: The Town of Hillsborough required professional construction management and inspection services from qualified firms for the Darrell Water Tank Replacement Project.

The goal of the project is to construct, test, and commission a new two million-gallon (MG) aboveground circular prestressed concrete water tank constructed in accordance with American Water Works Association (AWWA) D-110. The new 2 MG Darrell Tank is replacing the older and smaller Darrell Tanks #1 and #2 within their footprints. The new tank has been installed with the exception of paint and final water appurtenances connections. The other remaining work to be completed is the surrounding site work.

On October 10, 2022, the City Council approved an agreement with Consolidated CM, Inc. for full time construction management and inspection services to support the Public Works Department throughout construction of the new tank. Due to the severity of the winter storms last year, the project incurred unavoidable wet weather delays, extending the anticipated project completion date. On November 13, 2023, the City Council approved an amendment for the services needed for this additional time.

Now due to more wet weather, supply issues, slow shoring subcontractors and unbudgeted but necessary overtime inspection costs, the project completion is extended again and additional funding is needed to cover the associated construction management and inspection services. As the project nears completion, the construction manager will significantly reduce hours per week on the project and no further overtime for the project inspector is anticipated. Throughout the duration of this project, Consolidated CM’s construction management team has demonstrated a high level of professionalism and technical competence, and has value engineered many issues with the project designer and contractor, saving the Town thousands of dollars in construction costs. As such, staff recommends that the existing agreement be amended a second time for a total not-toexceed amount of $825,926.00 to include these additional services.

FISCAL IMPACT: The current project budget with Amendment No. 1 is $649,590.00, allocated from the Darrell Tank Improvement (Capital Improvement Plan #511) budget. It is recommended that funding for the additional construction management and inspection services be allocated from -39-
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February 12, 2024

Page 2 ends

the approved FY 2023-24 budget for the Darrell Tank Improvement (Capital Improvement Plan #511) budget in the amount of $176,336.00, for a total project budget of $825,926.00. Sufficient funding remains in the budget for this project.

ENVIRONMENTAL ISSUES: Pursuant to California Environmental Quality Act (CEQA), the Town of Hillsborough prepared an Initial Study/Mitigated Negative Declaration (IS/MND) to evaluate the potential environmental effects of the Darrell Tank Replacement Project. The Initial Study concluded that potential significant environmental effects could occur from project implementation in the following issue areas: aesthetics, biological resources, geology/soils, hydrology/water quality, noise, cultural resources, land use/planning, transportation, air quality, hazards and hazardous materials, and tribal cultural resources. However, mitigation measures were identified that would reduce these potential impacts to less-than-significant levels. The City Council adopted the Final IS/MND at the June 14, 2021 City Council meeting and none of the circumstances requiring preparation of a subsequent, supplemental, or addendum to the MND (as specified in CEQA Guidelines 15162, 15163, and 15164) are present. This has been determined as there is no evidence in the record that (1) substantial changes are proposed for Project that will require major revisions of the MND, (2) substantial changes will occur with respect to the circumstances under which the Project will be undertaken that will require major revisions in the MND, or (3) new information, which was not known and could not have been known when the MND was adopted, has become available. Based on the foregoing, the Town hereby finds that none of the circumstances requiring preparation of a subsequent, supplemental or addendum to the MND are triggered.

ATTACHMENTS: Resolution
PREPARED BY: Natalie Gribben, Senior Civil Engineer
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a second amendment to the existing agreement with Consolidated CM, Inc. for construction management and inspection services for the Darrell Water Tank Replacement Project in the amount of $176,336.00, for a total not-to-exceed contract amount of $825,926.00, allocating funds from the approved Darrell Tank Improvement (Capital Improvement Plan #511) budget. -40-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE EXISTING AGREEMENT WITH CONSOLIDATED CM, INC.

FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE

DARRELL WATER TANK REPLACEMENT PROJECT IN THE AMOUNT OF $176,336.00, RESULTING IN A TOTAL AMOUNT OF $825,926.00 PURSUANT TO A

PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s public water system; and
WHEREAS, the Town desires to replace the existing Darrell tanks No.1 and 2 of half Million Gallon (0.5 MG) capacity each with a larger two Million Gallons (2 MG) pre-stressed concrete tank as part of the Darrel Water Tank Replacement Project (the “Project”), and the project is currently in construction; and
WHEREAS, on October 10, 2022, the City Council approved an agreement for full time construction management and inspection services with Consolidated CM, Inc. (“CCM”) to support the Public Works Department throughout Project construction; and
WHEREAS, on November 13, 2023, the City Council approved an amendment to the existing agreement due to wet weather project delays and extended anticipated project completion date; and
WHEREAS, due to more wet weather, supply issues, slow shoring subcontractors and unbudgeted but necessary overtime inspection costs, the project completion is extended again and additional funding is needed to cover the associated construction management and inspection services; and WHEREAS, throughout the duration of this project, Consolidated CM’s construction management team has demonstrated a high level of professionalism and technical competence, and has value engineered many issues with the project designer and contractor, saving the Town thousands of dollars in construction costs;
WHEREAS, staff is recommending that City Council approve an amendment to the existing agreement in the amount of $176,336.00; and
WHEREAS, funding for these services will be allocated from the Darrell Tank Improvement (Capital Improvement Plan #511) budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes City Manager to execute a second amendment to the existing agreement with Consolidated CM, Inc. for construction management and inspection services for the Darrell Water Tank Replacement Project in -41-
2 the amount of $176,336.00, for a total not-to-exceed contract amount of $825,926.00, allocating funds from the approved Darrell Tank Improvement (Capital Improvement Plan #511) budget.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 12th day of February 2024, by the following vote of the members thereof:

AYES: Councilmembers ______________________________________ NOES: Councilmembers
ABSENT: Councilmembers _____
ABSTAIN: Councilmembers ____
-42-

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

CITY COUNCIL MEETING
FEBRUARY 12, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH ALTA PLANNING + DESIGN, INC. FOR THE BICYCLE AND PEDESTRIAN MASTER PLAN (PHASE 1) IN THE AMOUNT OF $97,675.00 PURSUANT TO CEQA GUIDELINE 15306
SUMMARY: The Town currently does not have a Bicycle and Pedestrian Master Plan (“BPMP”).

The Town has abundant acreage but lack of public recreational space, such as parks and walking trails due in part to deed restrictions limiting the use of Town-owned open space as well as the Town’s hilly topography. This new BPMP will be used as a guidance document for the Town to find opportunities for new bicycle and pedestrian friendly pathways. The objectives of the BPMP are to seek community feedback, set progress and implementation goals, and to determine appropriate criteria and metrics to prioritize recommendations and implementations for future network routes.

The BPMP will also further investigate safety data to propose impactful recommendations and establish big-picture planning in support of the Town’s General Plan Update, and other Town and County planning documents and policies.

Staff issued a Request for Proposal (“RFP”) to for professional consulting services to develop the BPMP. The RFP was advertised through the Town website and staff also directly contacted seven firms who perform this type of work. Staff received only one proposal from Alta Planning + Design, Inc. (“Alta”) and after a detailed review, invited the firm to interview. After careful evaluation by the staff panel, staff identified Alta as the preferred consultant based on their past project experience, technical methodology and approach, familiarity with the Town, and client-oriented approach. Alta also supported the Town during the grant application phase of the successful Eucalyptus Pedestrian Pathway Project.

FISCAL IMPACT: After careful review of the cost proposal, staff and Alta negotiated the total project amount to $190,675.00. The approved budget for FY 2023-24 Bicycle and Pedestrian Pathway (CIP #412) is $100,000. To start the project this fiscal year within the approved budget, Alta agreed to phase the project. This agenda item will authorize BPMP Phase 1 in the amount of $97,675.00. Phase 2 will commence next fiscal year should additional budget for this project be approved. The cost proposal may be reevaluated at this time based on the project progress.

Additionally, staff is currently seeking grant funding opportunities to fund or partially fund Phase 2.

It is recommended that funding in the amount of $97,675.00 be allocated from the FY 2023-24 Sewer Lift Station Improvements (CIP #708).

ENVIRONMENTAL ISSUES: This project is exempt from the California Environmental Quality Act (CEQA) per Section 15306 of the California Code of Regulations. -43-
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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 services with Alta Planning + Design, Inc. for the Bicycle and Pedestrian Master Plan (Phase 1) in the amount of $97,675.00 pursuant to CEQA guideline 15306.
-44-
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 SERVICES WITH ALTA PLANNING + DESIGN, INC. FOR THE BICYCLE AND PEDESTRIAN MASTER PLAN (PHASE 1) IN THE AMOUNT OF $97,675.00 PURSUANT TO CEQA GUIDELINE 15306
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s roadway and traffic system; and
WHEREAS, the Town desires to develop a new Bicycle and Pedestrian Master Plan (“BPMP”) to be used as a guidance document for the Town to find opportunities for new bicycle and pedestrian friendly pathways; and WHEREAS, the objectives of the BPMP are to seek community feedback, set progress and implementation goals, and to determine appropriate criteria and metrics to prioritize recommendations and implementations for future network routes; and
WHEREAS, a Request for Proposal for these services was publicly advertised; and WHEREAS, staff received one proposal Alta Planning + Design, Inc. (“Alta”), conducted a detailed analysis of the proposal, and interviewed Alta; and WHEREAS, after careful evaluation by the staff panel, staff identified Alta as the preferred consultant based on their past project experience, technical methodology and approach, familiarity with the Town, and client-oriented approach; and
WHEREAS, due to current budget constraints, the BPMP will be phased; and WHEREAS, funding for the BPMP Phase 1 will be allocated from the adopted FY 2023-24 Bicycle and Pedestrian Pathway (CIP #412) budget in the amount of $97,675.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an agreement for professional services with Alta Planning + Design, Inc. for the Bicycle and Pedestrian Master Plan (Phase 1) in the amount of $97,675.00 pursuant to CEQA guideline 15306.

Mayor of the Town of Hillsborough
Attest: City Clerk
-45-
2 This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 12th day of February 2024 by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-46-

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

CITY COUNCIL MEETING
FEBRUARY 12, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: ADOPTION 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. The Town’s current Master Fee Schedule includes language allowing for any updated fees imposed by the County and Animal Control to be passed through and the Town will be adopting the County Ordinance by reference which includes the updated fee amounts. Town staff will return to the City Council to update the Town’s Master Fee Schedule for a variety of fees in the coming months and Town staff will include the updated Animal Control fees for ease of reference.
-47-
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February 12, 2024

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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, was adopted by the County Board of Supervisors on January 9, 2024.

The Town’s ordinance was introduced at the January 8, 2024 City Council meeting by unanimous vote with further reading waived.

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.

• 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 -48-
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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. • Enables 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.
• Clarifies 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).

FISCAL IMPACT: Costs for the Town approved County animal control services agreement are included as part of the Town’s budgeting process. The Town’s current Master Fee Schedule includes language allowing for any updated fees imposed by the County and Animal Control to be passed through and the Town will be adopting the County Ordinance by reference which includes -49-
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Page 4 ends

the updated fee amounts. Town staff will return to the City Council to update the Town’s Master Fee Schedule for a variety of fees in the coming months and Town staff will include the updated Animal Control fees for ease of reference.

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 of San Mateo Ordinance No. 4886
PREPARED BY: Christopher J. Diaz, City Attorney
RECOMMENDATION: Adopt the 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." -50-
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
-51-
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 -52-
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 -53-
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. -54-
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 -55-
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 -57-
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 January 8, 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. 4886

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 -59-
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 this 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 of San Mateo to provide animal control services.
"Licensing Program” - that program within San Mateo County Health Department, 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, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
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3 “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 Animal 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.
(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 -61-
4 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. (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.
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5 (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 staff shall have the right to inspect records of rabies vaccinations during normal business hours.
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6 (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.
(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. -64-
7 (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 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 -65-
8 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 latter requirement is not applicable to cats, or to service animals under the complete control of the Owner or Caretaker.

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.
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9 (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)(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. (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.
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10 (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). (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:
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11 (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.
(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. -69-
12 (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 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.
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13 (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 Program 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.

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 -71-
14 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.
(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.
-72-
15 (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 Program 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, 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, -73-
16 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 Animal Control Program Manager 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.

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 -74-
17 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 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 San Mateo County Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Section 1094.5 and 1094.6.
-75-
18 (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 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:
-76-
19 (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;
(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.
-77-
20 (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 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 Department. 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 -78-
21 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 Program Manager or designee no less than 72 hours prior to said administrative hearing. The Animal Control Program 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 Program 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 of exhaustion of administrative remedies upon the date of mailing. The Animal Control Program 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 -79-
22 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 Code of 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.
(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 -80-
23 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 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 -81-
24 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.
(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 -82-
25 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;
(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.
-83-
26 (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.

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.
-84-
27 (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.
(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. -85-
28 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 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.
-86-
29 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
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
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30 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
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
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31 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
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
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32 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
(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.
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33 (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.

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. -91-
34 SECTION 2. This ordinance shall become effective thirty days after adoption. * * * * * *
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ORDINANCE NUMBER: 4886
Regularly passed and adopted this 9th day of January, 2024 AYES and in favor of said ordinance:

Supervisors: DAVE PINE

NOELIA CORZO

RAY MUELLER

WARREN SLOCUM
DAVID J. CANEPA
NOES and against said ordinance:

Supervisors: NONE

President, Board of Supervisors
County of San Mateo
State of California
Certificate of Delivery
I certify that a copy of the original ordinance filed in the Office of the Clerk of the Board of Supervisors of San Mateo County has been delivered to the President of the Board of Supervisors.

Assistant Clerk of the Board of Supervisors
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
6 CONSENT CALENDAR

CITY COUNCIL MEETING
FEBRUARY 12, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVAL OF LETTER IN OPPOSITION TO AT&T APPLICATION 22-03-003

TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC) TO REMOVE AT&T'S

OBLIGATIONS UNDER STATE LAW TO PROVIDE LANDLINE PHONE SERVICE PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: AT&T California has submitted an application (22-03-003) to the California Public Utilities Commission (CPUC) that, if approved, would remove AT&T’s obligation under California law to provide traditional landline phone service in a large portion of their service territory in California, including the entirety of the Town of Hillsborough.

For City Council consideration, a letter in opposition to the application has been drafted to the CPUC (Attachment 1) for signature by the Mayor on behalf of the City Council.

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

ATTACHMENTS:

1. Draft Letter to CPUC

2. AT&T Notice of Pending Regulatory Application
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Approve and authorize the Mayor to sign the letter in opposition to AT&T application 22-03-003 to the California Public Utilities Commission. -95-

TOWN OF HILLSBOROUGH
California
Town Hall
Phone: 650-375-7400 | Fax: 650-375-7475 | 1600 Floribunda Avenue, Hillsborough, CA 94010 | www.hillsborough.net February __, 2024
CPUC Public Advisor’s Office
505 Van Ness Avenue
San Francisco, CA 94102
RE: Application 22-03-003
CPUC Public Advisor:

I am writing on behalf of the Hillsborough City Council regarding Application 22-03-003 to remove AT&T’s obligations under California law to provide traditional landline phone service to a large portion of their service territory in California, including the entirety of the Town of Hillsborough.

The application impacts every single one of our residents who already have limited mobile reception in and around Town. Landlines are often the only way many of our residents can ensure access to essential public safety services, healthcare services, and family members.

My colleagues and I urge you to deny this application and preserve the access to landline operations for our residents who depend on this service to stay connected, safe, and emergency-ready.

Thank you for your assistance with this matter. If you have any questions, please contact Town of Hillsborough City Manager Doug Davis at [email protected].

Sincerely,
Christine Krolik
Mayor
cc: Honorable Assemblymember Diane Papan, District 21
Honorable Senator Josh Becker, District 13
Honorable Congressman Kevin Mullin, District 15
Honorable Supervisor Dave Pine, District 1
ATTACHMENT 1
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ATTACHMENT 2
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Hillsborough City CouncilFebruary 12, 2024

Hillsborough City Council
February 12, 2024