Agenda — Hillsborough City Council, February 10, 2025 (part 1 of 2)

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

A G E N D A
MONDAY, FEBRUARY 10, 2025
5:15 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall
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. Speakers may speak for up to three minutes.

To participate in the meeting via Zoom Video Conference:
• Log in to the meeting at https://us06web.zoom.us/j/85962825547?pwd=6pnYsi5wXO5sYRN75enZuMl4EI1kPD.1 • Dial-in via phone:
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Meeting ID: 859 6282 5547
Passcode: 621986
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 for up to three minutes.

CLOSED SESSION (5:15 p.m.)
Agenda – Hillsborough City Council
Monday, February 10, 2025

Page 2 ends

CALL TO ORDER

ROLL CALL

PUBLIC COMMENT
Members of the public may provide public comments on the item on the Closed Session agenda. Members of the public participating in person are requested to complete a yellow speaker card and submit it to the City Clerk before addressing the City Council. Members of the public participating via the Zoom platform may use the “raise hand” feature or, if calling in by phone, press *9 on the telephone keypad. Speakers are limited to one comment per Closed Session item.

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

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

CLOSED SESSION ITEM
A. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff – One Potential Case

ADJOURN CLOSED SESSION
REGULAR CITY COUNCIL MEETING (6:00 pm)
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. PROCLAMATION
• BLACK HISTORY MONTH
VI. TOWN UPDATE
VII. PUBLIC COMMENT
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 Agenda – Hillsborough City Council
Monday, February 10, 2025

Page 3 ends

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 SPECIAL MEETING MINUTES OF JANUARY 27, 2025

2. MONTHLY CLAIMS: JANUARY 1 THROUGH JANUARY 31, 2025

3. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HF&H CONSULTANTS, LLC FOR A WATER RATE COST-OFSERVICE STUDY IN AN AMOUNT NOT TO EXCEED $65,550.00 PURSUANT TO CEQA GUIDELINES 15378 AND 15273 AND PUBLIC RESOURCES CODE SECTION 21080(B)(8)

4. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AGREEMENT WITH HF&H CONSULTANTS, LLC FOR A SOLID WASTE RATE COST-OF-SERVICE STUDY IN AN AMOUNT NOT TO EXCEED $59,690.00 PURSUANT TO CEQA GUIDELINES 15378 AND 15273 AND PUBLIC RESOURCES CODE SECTION 21080(B)(8)

5. RESOLUTION ADOPTING THE TOWN OF HILLSBOROUGH 2025 LEGISLATIVE

PLATFORM

6. RESOLUTION APPOINTING THREE MEMBERS TO THE ARCHITECTURE AND DESIGN REVIEW BOARD: ONE TO A REGULAR SEAT FOR A PARTIAL TERM FEBRUARY 11, 2025 THROUGH DECEMBER 31, 2025, ONE TO AN ALTERNATE SEAT FOR A PARTIAL TERM FEBRUARY 11, 2025 THROUGH DECEMBER 31, 2026 AND ONE TO AN ALTERNATE SEAT FOR A PARTIAL TERM FEBRUARY 11, 2025 THROUGH DECEMBER 31, 2027

7. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE

HILLSBOROUGH POLICE OFFICERS ASSOCIATION UNIT

8. RESOLUTION AUTHORIZING COMPENSATION AND BENEFITS ADJUSTMENTS

FOR UNREPRESENTED EMPLOYEES

9. RESOLUTION ADOPTING THE 2025 SALARY SCHEDULE FOR THE TOWN OF

HILLSBOROUGH

10. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH AGUILAR AND SONS, INC. FOR ON-CALL STREET CONSTRUCTION AND MAINTENANCE SERVICES FOR A TOTAL NOT-TOEXCEED AMOUNT OF $75,000.00, WITH AN OPTION TO RENEW FOR A THIRD YEAR, PURSUANT TO CEQA GUIDELINE 15301
Agenda – Hillsborough City Council
Monday, February 10, 2025

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11. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH APB GENERAL ENGINEERING FOR THE CHATEAU

DRIVE SANITARY SEWER REHABILITATION PROJECT IN THE AMOUNT OF $588,620.00, WITH A 20% CONTINGENCY IN THE AMOUNT OF $117,724.00, FOR TOTAL COST OF $706,344.00 PURSUANT TO CEQA GUIDELINE 15301

12. LEGISLATIVE UPDATE
X. PUBLIC HEARING

13. PUBLIC HEARING TO CONSIDER AND ADOPT A RESOLUTION APPROVING (A) THREE (3) COMCAST PERMIT APPLICATIONS FOR THE INSTALLATION OF SIX (6)

BATTERY CABINETS (UTILITY BOX OUTDOOR FIXTURES) AT LOCATIONS IN THE PUBLIC RIGHT OF-WAY (TWO (2) CABINETS NEAR 20 BENGLOE LANE, TWO (2) CABINETS NEAR 1780 BLACK MOUNTAIN ROAD, AND TWO (2) CABINETS NEAR 978 TOURNAMENT DRIVE); AND (B) THE CITY ENGINEER’S RECOMMENDATION TO GRANT COMCAST’S REQUEST FOR AN EXCEPTION TO POLICY NO. 19-01

FOR THESE INSTALLATIONS, PURSUANT TO CEQA DETERMINATIONS XI. DISCUSSION

14. UPDATE ON LONG-TERM FINANCIAL NEEDS
XII. 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.

XIII. ADJOURNMENT
SPECIAL ACCOMMODATIONS:

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

ADDRESSING THE CITY COUNCIL:

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

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVAL OF CITY COUNCIL SPECIAL MEETING MINUTES OF JANUARY 27, 2025
-3-

UNAPPROVED MINUTES
MONDAY, JANUARY 27, 2025
6:00 P.M. CITY COUNCIL STUDY SESSION
Hillsborough Town Hall
This special meeting was held in-person at Town Hall. 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.

This special meeting included teleconference participation by Councilmember Christine Krolik from 217 NE 75th Avenue, Portland, Oregon 97213. The agenda was posted at the teleconference location.

I. CALL TO ORDER
Mayor Cole called the meeting to order at 6:00 p.m.

II. ROLL CALL

Present: Adams, Chuang, Krolik (by teleconference), Ragsdale, Cole III. PUBLIC COMMENT ON NON-AGENDA ITEMS
There were no speakers.

IV. STUDY SESSION
Housing Element Strategy Overview and Next Steps and Summary of Accessory Dwelling Unit (ADU) Regulations and Resources
Director of Building and Planning Tim Anderson introduced the item. Assistant Director of Building and Planning Liz Ruess provided the presentation. Todd Leishman, Partner, Best, Best & Krieger provided additional information.

Mayor Cole opened public comment.

Jeff Ford, Fairway Circle, provided comments regarding the progress on units to date and in support of further outreach. Ford stated that neighbors of the Town Hall site will be submitting a letter with their input on the future project at the Town Hall site including ensuring separation between the residential and municipal areas and support of straightening Walnut Avenue.

Mayor Cole closed public comment.

Director of Building and Planning Anderson, Assistant Director of Building and Planning Ruess and Attorney Todd Leishman responded to City Council questions and Councilmembers provided comments.

V. ADJOURNMENT
Mayor Cole adjourned the meeting at 7:35 p.m.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
2 CONSENT CALENDAR

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: JANUARY 1 THROUGH JANUARY 31, 2025 SUMMARY: The monthly claims for the month of January 2025 in the amount of $6,092,967.59 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: Rich Santiago, Assistant Finance Director
RECOMMENDATION: Approve the monthly claims for January 2025 as submitted. -5-

TOWN OF HILLSBOROUGH

REPORT OF GOODS & SERVICES PURCHASED
DURING THE MONTH OF JANUARY 2025
PREPARED BY:

Alan Singh
Docusign Envelope ID: 428D8C8B-0D3C-4A4A-824C-9A049C9843A4 -6-
GOODS & SERVICES PURCHASED $3,184,741.78
NET SALARIES & TAXES PAID 1,679,809.27
HEALTH BENEFIT PREMIUMS 201,703.51
CCFD FUNDING 804,376.35
SAN FRANCISCO WATER PAYMENTS 222,336.68
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $6,092,967.59

FINANCE DIRECTOR DATE

CITY MANAGER DATE
DURING THE MONTH OF JANUARY 2025

SUMMARY OF PURCHASES

TOWN OF HILLSBOROUGH
Docusign Envelope ID: 428D8C8B-0D3C-4A4A-824C-9A049C9843A4 2/3/2025
2/3/2025
-7-

COMPARATIVE SUMMARY
For the Month of January 2025
Jan-25 Jan-24 Jan-23
Goods & Services Purchased:

Operations 2,655,179.54 1,666,056.49 1,600,654.41
Capital 529,562.24 1,570,517.26 605,670.31
Net Salaries & Taxes Paid 1,679,809.27 1,059,616.58 944,466.71 Health Benefit Premiums 201,703.51 186,841.16 169,784.70 Bond Payments 0.00 0.00 39,282.36
CCFD Funding 804,376.35 703,368.00 654,879.00
San Francisco Water Payments 222,336.68 219,113.09 209,265.54 Total $6,092,967.59 $5,405,512.58 $4,224,003.03
NOTES:

Operations -
Accounts Payable cycle.

Capital -
Net Salaries & January 2025 payroll had three pay periods compared to only 2 pay periods in January 2024.

Taxes Paid -
CCFD -
Water -
to the SFPUC rate increase, somewhat offset by lower units purchased.

FY 24/25 spending is consistent with FY 23/24 spending except timing of an additional Capital project spending in January 2025 is primarily for Storm Drain A1 Project. Delmonte Storm Drain Project, Annex Building Remodel, and the Street Resurface Project.

FY 24/25 contribution is based on budget/contract.

There was an SFPUC wholesale water rate increase on July 1, 2024 to $5.67 (from $5.21, a 8.8 % increase). The increase in FY 24/25 as compared to FY 23/24 is attributed Docusign Envelope ID: 428D8C8B-0D3C-4A4A-824C-9A049C9843A4 -8-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JANUARY 2025
CK # VENDOR DESCRIPTION AMOUNT
16333 3RS HOLDINGS, LLC INSTALL - RADIO TRUCKS #555/#570/#580 PW 3,611.09 16334 ACCO ENGINEERED SYSTEMS, INC. REPAIR - HVAC PD/CORP YARD PW 4,098.16 16335 ACTION TOWING AND ROAD SERVICE TOW - TRUCK #309 PW 170.50 16336 ADP, LLC DEC '24 MASTERTAX SOFTWARE SUPPORT FN 86.29 16337 AFLAC OCT '24/NOV '24 INSURANCE PREMIUM HR 4,966.46 16338 AGUILAR & SONS REPAIR - INSTALL ASHPALT BARBARA PW 800.00 16339 AIXTEK SOFTWARE - MICROSOFT LICENSE NOV '24 IT 7,980.00 16340 AMAZON WEB SERVICES, INC NOV '24 - BACKUP STORAGE IT 13,816.27 16341 AT&T 10/24/24-11/23/24 538.46
16342 AT&T 10/20/24-11/19/24 733.48
16343 AT&T 10/19/24-11/18/24 155.55
16344 AT&T 10/20/24-11/19/24 155.55
16345 AT&T 10/19/24-11/18/24 263.81
16346 AT&T 10/10/24-11/9/24 1,761.38
16347 BAY AREA AIR QUALITY MGMT. DIS PERMIT RENEWAL FEE MULTPLE SITES PW 2,480.00 16348 BAY PRO JAN '25 LANDSCAPE MAINT VARIOUS SITES HBF 3,920.00 16349 BAYSIDE BUILDING MATERIALS INC MATERIALS - BRICKS PW 9.87 16350 BOSCO OIL COMPANY GAS/DIESEL PD/PW 5,138.42
16351 CHARGEPOINT, INC PARTS - EV CHARGER TOWN HALL PW 2,914.69 16352 CHEAT A LITTLE CATERING CATERING -VOLUNTEER RECOGNITION EVENT 12/10/24 1,634.88 16353 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 354.13 16354 CINTAS CORPORATION NO 3 SERVICE - AED PW 570.94
16355 CLARK PEST CONTROL PEST CONTROL - PW 106.00
16356 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICE PW 1,536.00 16357 COAST TO COAST TRUCKING SCHOOL, LLC TRAIN - DRIVING SCHOOL PW 5,000.00 16358 COMCAST OCT '24 CALNET NONCGEN LINE IT 4,879.45
16359 CRITICAL REACH 2025 ABPNET FEE PD 605.00
16360 DEGREE HVAC, INC MAINT - HVAC MULTIPLE LOCATIONS PW 6,145.00 16361 DU-ALL SAFETY, LLC NOV '24 SAFETY CONSULT PW 3,100.00 16362 FASTENAL COMPANY SUPPLIES - PERSONNEL PROTECTIVE EQUIP PW 1,028.36 16363 FASTRAK LANE TOLL 11/13/24 PD 32.75
16364 FLOWATER EQUIP - NOV '24/DEC '24 WATER STATION CM/FN 311.72 16365 GRAY'S PAINT & WALLPAPER OF THE PENINSULA, INC SUPPLIES - PAINT/VARIOUS ITEMS PW 52.05 16366 HAZEN AND SAWYER, DPC LEAD SERVICE LINE INVENTORY PRJ PW 12,812.50 16367 JEFFREY SCHOENSTEIN PRINT - DECALS K9 OZZY PD 102.47 16368 LITTLER, MENDELSON, P.C. LEGAL SERVICES OCT '24 CM 6,172.50 16369 MAGNET FORENSICS USA, INC SOFTWARE - 2025 AXIOM BUNDLE PD 12,800.00 16370 MASTERPIECE GARDENERS, INC MAINT - DEC '24 HBF LANDSCAPE VARIOUS SITES 650.00 16371 MCCAMPBELL ANALYTICAL, INC. WATER SAMPLES ANALYSIS PW 252.00 16372 NORGO ENGINEERING REPAIR - REPLACE STORM DRAIN DEL MONTE PW 106,160.00 16373 ODYSSEY POWER CORPORATION MAINT - GENERATOR MULTIPLE SITES PW 3,106.00 16374 CATHERINE HOBBS REIMB - 2025 CSMFO MEMBERSHIP FN 60.00 16375 MARK ARMANINO REIMB - WORK BOOTS PW 300.00
16376 VIN GUPTA REFUND - WATER ACCOUNT BALANCE FN 214.19 16377 PENINSULA TRUCK REPAIR INC MAINT - FORD F450 TRUCK #303 PW 4,648.73 16378 ROMEL 400 LLC RENT - JAN'25 RADIO BASE STATION RECEIVER PD 330.00 16379 SAN MATEO COUNTY FORENSIC LAB NOV'24 CRIME LAB SERVICES PD 602.00 16380 SAN MATEO RESOURCE CONSERVATION DISTRICT RCD COMPOST PROGRAM 7/24-9/24 CM 714.19 16381 SCHAAF & WHEELER CONSULTING 2024 SANITARY SEWER LIFT STATION UPGRADE 24A PW 1,560.00 16382 SELWAY CONSTRUCTION REPAIR - REPLACE PERGOLA CENTENNIAL PARK PW 37,211.00 16383 SPOTLIGHT IMPRESSIONS, INC PRINT-EMPLOYEE/COUNCIL/BOARD NAMEPLATES/TAGS 261.31 16384 STAPLES ADVANTAGE OFFICE SUPPLIES - PW 192.80
16385 STATE WATER RESOURCES CONTROL BOARD - DWOCP FEE - WATER OPERATOR EXAM D2 STAFF PW 45.00 16386 STATE WATER RESOURCES CONTROL BOARD - DWOCP FEE - WATER OPERATOR EXAM D1 STAFF PW 50.00 16387 STATE WATER RESOURCES CONTROL BOARD - DWOCP FEE - WATER OPERATOR EXAM D1 STAFF PW 50.00 16388 STATE WATER RESOURCES CONTROL BOARD ANNUAL PERMIT FEE MULTIPLE SITES 11,483.00 16389 SUTTER HEALTH 2024 EMPLOYEE ASSIST U SAP SERVICES HR 3,343.23 16390 TELECOMMUNICATIONS ENGINEERING ASSOCIATES DEC'24 COMMUNICATIONS CENTER/BASE PD 2,345.50 16391 TETRA TECH INC MAINT - SCADA SUPPORT SERVICES PW 1,872.50 16392 THE PAPE GROUP, INC MAINT - FORKLIFT PW 654.37
16393 TURBO DATA SYSTEMS, INC. NOV'24 CITATION PROCESSING & SCANNER PD 1,567.15 16394 TYLER TECHNOLOGIES, INC. SOFTWARE -TYLER ERP 12/1/24 - 11/30/25 FN 66,007.00 16395 UTILITY TELECOM, INC. NOV '24 ETHERNET & CIRCUITS IT 409.05 Docusign Envelope ID: 428D8C8B-0D3C-4A4A-824C-9A049C9843A4 -9-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JANUARY 2025
16396 WESLEY CONSTRUCTION, INC MAINT - REMODEL LITTLE HOUSE ANNEX PW 54,924.00 16397 AIXTEK DEC '24 IT MANAGEMENT SERVICE/MICROSOFT LIC IT 36,340.47 16398 ALL GUARD ALARM SYSTEMS, INC REPAIR - ALARM FN PW 140.00 16399 AMAZON WEB SERVICES, INC DEC '24 - BACKUP STORAGE IT 14,247.54 16400 ANN STAR FORMAN FEE - NOTARY SERVICES DEC '24 BP 390.00 16401 AT&T 11/24/24-12/23/24 580.00
16402 AT&T 11/20/24-12/19/24 155.55
16403 AT&T 11/20/24-12/19/24 65.68
16404 AT&T 11/19/24-12/18/24 278.85
16405 AT&T 11/19/24-12/18/24 155.55
16406 AT&T 11/20/24-12/19/24 741.03
16407 AT&T 11/17/24-12/16/24 PD 62.72
16408 AT&T 11/10/24-12/9/24 1,761.38
16409 AT&T 12/7/24 PD 1,608.53
16410 AT&T 12/7/24 PD 538.67
16411 BAY PRO DEC '24 LANDSCAPE MAINT VARIOUS SITES HBF 2,516.00 16412 BAYSIDE BUILDING MATERIALS INC MATERIALS - BRICKS PW 109.63 16413 BEST BEST & KRIEGER LLP FEE - AUG '24-NOV '24 LEGAL SERVICE ADU BP 750.00 16414 BETTER SOURCE LIQUIDATORS FURNITURE - DESKS TOWN HALL 3,879.39 16415 BOSCO OIL COMPANY GAS/DIESEL PD/PW 4,417.18
16416 BUILDCHECK AI, INC CONSULT - ADRB APPLICATIONS JAN '25 BP 745.00 16417 BURNETT LANDSCAPE DEVELOPMENT INC MAINT - JAN '24 HBF LANDSCAPE VARIOUS SITES 5,256.00 16418 CASEY CONSTRUCTION, INC. SOUTHDOWN STORM DRAIN REPLACE PRJ RETENTION 9,250.00 16419 CENTRAL COUNTY FIRE DEPARTMENT JAN '25 FISCAL CONTRIBUTION 804,376.35 16420 CENTRAL COUNTY FIRE DEPARTMENT REMIT - Q2 FY 24/25 FIRE REVIEW FEE FN 10,174.50 16421 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 1,232.29 16422 CINTAS CORPORATION NO 3 SERVICE - AED PW 570.94
16423 CITY OF BURLINGAME NOV '24 LIBRARY SERVICES CM/SEP '24 SEWER BILL PW 268,331.75 16424 CITY OF SAN MATEO JAN '25 LIBRARY SERVICES CM 24,786.88 16425 CIVICPLUS WEBSITE ANNUAL MAINTENANCE 2025 IT 20,444.08 16426 CLARK PEST CONTROL PEST CONTROL - PW 134.00
16427 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICE PW 3,072.00 16428 COUNTY OF SAN MATEO INFORMATION SERVICES DEPT. NOV'24 MICRO CHANNEL LINES PD 164.51 16429 COMCAST DEC '24/JAN '25 PW 950.28
16430 COMCAST NOV '24 CALNET NONCGEN LINE IT 4,879.45
16431 CSG CONSULTANTS, INC. CIP ADM SEWER 10/26/24-11/29/24 & VARIOUS PRJ PW 132,731.83 16432 CYNTHIA RICHARDSON CONSULT - DEC '24 PLANNER SERVICES BP 9,222.50 16433 DAILY JOURNAL CORPORATION LEGAL NOTICE 1/3/25 POST ADOPT ORD 795/796 CL 2,075.30 16434 DARCY & HARTY CONST., INC. REFUND - DEPOSIT HYDRANT METER VARIOUS PRJ PW 4,000.00 16435 DEBORAH YACOBELLIS CONSULT - CRW/TRACK IT DEC '24 BP 2,310.00 16436 DEPARTMENT OF JUSTICE NOV'24 FINGERPRINT SERVICE PD 49.00 16437 DU-ALL SAFETY, LLC DEC '24 SAFETY CONSULT PW 3,958.75 16438 ESHERICK HOMSEY DODGE AND DAVIS, ARHCITCTES, PC CONSULT - NOV' 24 TOWN VISION/HOUSING ELEMENT BP 29,687.50 16439 EIDE BAILLY LLP JUN '24 AUDITING SERVICES FN 34,000.00 16440 EPRINTS & DOCUMENT SERVICES PRINT - BUSINESS CARDS CO 274.06 16441 EPS, INC. SEWER PHASE 1C CONSTRUCTION RETENTION PW 145,502.59 16442 ESA CHERRY CREEK ENVIRO SUPPORT POST CONSTRUCT 1,776.00 16443 FASTENAL COMPANY SUPPLIES - PERSONNEL PROTECTIVE EQUIP PW 665.80 16444 FLOWATER EQUIP - DEC '24 WATER STATION CM 147.66
16445 FORTE PRESS PRINT - DESK NAME PLATES STAFF/CONTACT CARD PD 364.22 16446 FROST BROWN TODD LLP LEGAL SERVICES - NOV '24 CM 1,197.38 16447 G. BORTOLOTTO & CO REFUND - DEPOSIT HYDRANT METER 2023 STREET PRJ 2,000.00 16448 GLENN BERKHEIMER JAN '25 LABOR RELATIONS HR 1,700.00 16449 GOOD CITY COMPANY CONSULT - GENERAL PLAN/HOUSING ELEMENT DEC '24 4,060.00 16450 GRANITE CONSTRUCTION COMPANY MATERIALS - ASPHALT PW 1,470.00 16451 GREATLAND CORP 2024 W2 FORMS AND ENVELOPES FN 159.26 16452 HACH COMPANY WATER QUALITY SUPPLIES PW 4,864.70
16453 HALEY & ALDRICH, INC INSPECT - RETAINING WALL RALSTON P 327.50 16454 HOME DEPOT CREDIT SERVICES SEPT '24 VARIOUS PARTS & SUPPLIES PW 875.06 16455 INFOSEND, INC. DEC '24 UTILITY BILLING FN 1,263.33 16456 INTERSTATE BATTERY SYSTEM OF SAN FRANCISCO PARTS - BATTERY TRUCK #177 PW 191.60 16457 INTERWEST CONSULTING GROUP DEC '24 BUILDING INSPECTOR SERVICES BP 2,000.00 16458 KARIN SIDWELL HISTORICAL DESIGN REVIEW BP 3,000.00 16459 KRONOS SAASHR, INC. DEC'24 PAYROLL PROCESSING FN 2,171.95 16460 LEAGUE OF CALIFORNIA CITIES 2025 MEMBERSHIP DUES CM 6,944.00 16461 LITTLER, MENDELSON, P.C. LEGAL SERVICES NOV '24 CM 4,450.00 16462 MAGNET FORENSICS USA, INC SOFTWARE - GRAYKEY LICENSE 4/1/25-3/31/26 PD 34,760.00 16463 MAMME INC CATERING - CITY COUNCIL MEETING 12/9/24 CO 197.33 Docusign Envelope ID: 428D8C8B-0D3C-4A4A-824C-9A049C9843A4 -10-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JANUARY 2025
16464 MARTIN SCREEN SHOP REPAIR - SCREEN DOOR ANNEX PATIO PW 102.98 16465 MINUTEMAN PRESS-SAN MATEO PRINT - MANILLA ENVELOPES PD 430.99 16466 MURRAYS TRUCK & AUTO REPAIR INC REPAIR - DRIVER'S SEAT F350 TRUCK #234 PW 2,314.99 16467 NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIEWOODRIDGE/CRYSTAL SPRINGS WALL DESIGN PW 18,177.30 16468 NORCAL RENTAL GROUP LLC EQUIP - PIPELINE CAMERA PD DRAIN PW 364.34 16469 BAHRAM ABOLMOLUKI REFUND - ENCROACH DEPOSIT BP 5,000.00 16470 BAHRAM ABOLMOLUKI REFUND - ENCROACH DEPOSIT BP 367.00 16471 DRS GROUP LP REFUND - BUILD DEPOSIT BP 24,004.50
16472 DRS GROUP LP REFUND - LS BUILD DEPOSIT BP 7,000.00 16473 DRS GROUP LP REFUND - GRADE DEPOSIT BP 15,000.00
16474 GANESH & SANGEETHA T VERDARAJAN REFUND - BUILD DEPOSIT BP 2,400.00 16475 HOWARD BERGH REFUND - GRADE DEPOSIT BP 7,500.00
16476 JACK LUO REFUND - ENCROACH DEPOSIT BP 367.00
16477 JOHN PAUL WONG REFUND - LS BUILD DEPOSIT BP 4,000.00 16478 MIANN BUILDER REFUND - PERMIT FEE VOID BP 1,269.01 16479 WILLIAM & CHRISTY NEIDIG REFUND - GRADE DEPOSIT BP 7,500.00 16480 WILLIAM & NICOLE LENIHAN REFUND - GRADE DEPOSIT BP 7,500.00 16481 MYERS AND SONS CONSTRUCTION REFUND - DEPOSIT HYDRANT METER CALTRAN PRJ PW 2,000.00 16482 PLASTIX PLUS LLC EQUIP - REAR COMMAND UNIT TAHOE PD 4,565.94 16483 SANTAMARIA CONCRETE REFUND - DEPOSIT HYDRANT METER CALTRAN PRJ PW 1,236.97 16484 ALDO GHIOZZI REFUND - WATER ACCOUNT BALANCE FN 250.00 16485 PENINSULA TRUCK REPAIR INC MAINT - MULTIPLE VEHICLES PW 2,159.00 16486 PETERSON POWER SYSTEMS, INC. PURCHASE - MINI EXCAVATOR TRAILER/HAMMER PW 31,699.60 16487 PG & E 11/14/24-12/13/24 MULTIPLE ACCOUNTS 7,901.25 16488 PRIORITY 1 REPAIR - MULTIPLE VEHICLES PD 6,226.39 16489 PUBLIC RISK, INNOVATION, SOLUTIONS, AND MANAGEMEN2025 EMPLOYEE ASSIST U SAP SERVICES HR 961.20 16490 QUENCH USA, INC EQUIP - WATER STATION 12/28/24-1/27/25 PD 189.13 16491 RAFTELIS FINANCIAL CONSULTANTS, INC BUILDING/PLANING ORG ASSESSMENT CM 19,400.00 16492 RED WING SHOE STORE WORK BOOTS - STAFF PW 896.04
16493 SAN MATEO LUMBER CO., INC TOOLS - FORK PW 138.13
16494 SFPUC FINANCIAL SERVICES NOV '24 - WATER QUALITY ANALYSIS PW 1,930.00 16495 SHAWN KIRBY NOV '24 POOL SERVICE 1640 RENTAL PW 200.00 16496 SAN MATEO COUNTY POLICE CHIEFS AND 2025 MEMBERSHIP DUES PD 1,250.00 16497 SOUTH BAY REGIONAL PUBLIC SAFETY TRAINING TRAIN - BASIC POLICE ACADEMY PD 4,490.00 16498 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 792.56 16499 STATE WATER RESOURCES CONTROL BOARD 24-25 WATER SYSTEM FEES PW 33,179.24 16500 TETRA TECH INC MAINT - SCADA SUPPORT SERVICES PW 36,694.79 16501 THIRKETTLE CORPORATION PARTS - HYDRANT METER DIALS PW 1,724.84 16502 TIMBERLINE TREE SERVICE, INC. MAINT - TREE TRIMMING ASCOT PW 3,000.00 16503 ULINE, INC. SUPPLIES - RAGS PW 269.25
16504 UTILITY TELECOM, INC. DEC '24 ETHERNET & CIRCUITS IT 409.05 16505 V.W. HOUSEN & ASSOCIATES, INC SANITARY SEWER ERP PLAN UPDATE PW 14,165.00 16506 VERIZON CONNECT NWF INC DEC '24 - GPS MONTHLY SERVICES PW 1,334.96 16507 VERIZON WIRELESS 11/24/24-12/23/24 MULTIPLE ACCOUNTS PD/PW 3,707.36 16508 VESTIS GROUP, INC UNIFORMS - REFLECTIVE JACKETS PW 126.84 16509 VIKING SHRED LLC DEC'24 DESTRUCTION SERVICES PD 92.99 16510 WESLEY CONSTRUCTION, INC INSTALL - DOOR STRIKE JAMB TOWN HALL PW 2,280.45 16511 WRA, INC EIR ASSESSMENT BP/ EL CERRITO CREEK PRJ PW 29,095.52 16512 ADP, LLC JAN '25 MASTERTAX SOFTWARE SUPPORT FN 86.29 16513 AFLAC DEC '24 INSURANCE PREMIUM HR 2,385.68
16514 AP TECHNOLOGY LLC 2025 EZ SIGNER MAINT FN 285.00
16515 AT&T 1/7/25 PD 538.67
16516 AUTO PRIDE CAR WASH, INC DEC'24 CAR WASHES PD 46.00 16517 BAY AREA WATER SUPPLY & CONSERVATION AGENCY WATER LOSS CONTROL PROGRAM AUG '24-NOV '24 PW 5,329.50 16518 BEST BEST & KRIEGER LLP FEE - DEC '24 LEGAL SERVICE 22,576.22 16519 BOSCO OIL COMPANY GAS PD 3,356.58
16520 MARY BRIDGET MALEY-CANNON HISTORICAL DESIGN REVIEW BP 5,626.80 16521 CALIFORNIA PUBLIC POLICY GROUP, INC LEGAL RETAINER DEC '24 CM 4,000.00 16522 CALIFORNIA DEPARTMENT OF TAX OCT-DEC '24 Q4 SALES AND USE TAX FN 590.00 16523 CITY OF BURLINGAME OCT '24 SEWER BILLING PW 141,425.85 16524 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICE PW 8,928.00 16525 CSG CONSULTANTS, INC. BUILDING PLAN SERVICES DEC '24 BP 9,597.78 16526 DANIEL RICHARD CHARLES REPAIR - WIRING/CIRCUITS CORP YARD PW 3,382.10 16527 DEPARTMENT OF JUSTICE DEC'24 FINGERPRINT SERVICE PD 64.00 16528 DIVISION OF STATE ARCHITECT OCT-DEC '24 DISABILITY ACCESS & EDU FEE FN 150.40 16529 EPRINTS & DOCUMENT SERVICES PRINT - BUSINESS CARDS STAFF HR 1,593.40 16530 FASTENAL COMPANY SUPPLIES - PERSONNEL PROTECTIVE EQUIP PW 257.64 16531 FERGUSON US HOLDINGS, INC SUPPLIES - CHLORINE TABLETS PW 16,667.44 Docusign Envelope ID: 428D8C8B-0D3C-4A4A-824C-9A049C9843A4 -11-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JANUARY 2025
16532 FLOWATER EQUIP -NOV '24 - JAN '25 WATER STATION FN 656.24 16533 FRANK AND GROSSMAN LANDSCAPE CONTRACTORS JAN '25 JANITORIAL SERVICES PW 7,780.65 16534 HALEY & ALDRICH, INC MACADAMIA ACCESS ROAD DESIGN PRJ PW 19,823.75 16535 HEART OF SAN MATEO COUNTY JUL'24 - JUN'25 MEMBERSHIP FEE CM 3,496.00 16536 ILLINOIS TOOL WORKS TOOLS - LID LIFTERS PW 3,330.48 16537 JUDY ANN PARDINI FEE - FINGERPRINT SERVICES PD 35.00 16538 KARIN SIDWELL HISTORICAL DESIGN REVIEW BP 6,000.00 16539 KARI PECHETTI HILLSBOROUGH PD TOWN PETTY CASH 1/28/25 4,677.76 16540 LEADERSHIP COUNCIL SAN MATEO COUNTY FEE - NEW ELECTED LEADERS CLASS 2/27-28/25 CO 250.00 16541 MARK D HUDAK LEGAL SERVICES - NOV/DEC 2024 CM 8,325.00 16542 MASTERPIECE GARDENERS, INC MAINT - JAN '25 HBF LANDSCAPE VARIOUS SITES 650.00 16543 MUNICIPAL RESOURCE GROUP LLC NOV-DEC '24 EMPLOYEE SERVICES CM 3,900.00 16544 NAPA AUTO PARTS - BURLINGAME SUPPLIES - GREASE PW 24.75 16545 BIJAN HAFEZI REFUND - BUILD DEPOSIT BP 5,250.00
16546 BRUCE YAO REFUND - BUILD DEPOSIT BP 1,600.00
16547 EY DEVELOPMENTS REFUND - EIR DEPOSIT BALANCE BP 15.29 16548 EZ LLC REFUND - EIR DEPOSIT BALANCE BP 573.20
16549 JONATHAN HUSSAN EMAMI REFUND - EIR DEPOSIT BALANCE BP 173.20 16550 KIMBERLEE SWIG TTEE REFUND - BUILD DEPOSIT BP 5,222.00 16551 MEHDI MOHTASHEMI REFUND -ADRB APPEAL FEES BP 5,054.00 16552 MISHRA FAMILY TRUST REFUND - BUILD DEPOSIT BP 5,000.00 16553 NUEVA DAY SCHOOL REFUND - BUILD DEPOSIT BP 6,000.00 16554 RICHARD & YAN Z ROSE REFUND - BUILD DEPOSIT BP 2,000.00 16555 ALAN SINGH REIMB - 1099 ENVELOPES FN 68.08
16556 LISA NATUSCH REIMB-TRAVEL EXP NEW LAW/ELECTION CONF CL 154.66 16557 LISA NATUSCH REIMB - FOOD INTERVIEW PANEL HR 145.54 16558 ERLINDA ANIEL REFUND - POLICE REPORT FEE PD 20.00 16559 ODS ARCHITECTURE REFUND - DUPLICATE BUSINESS LICENSE FEE FN 104.00 16560 PENINSULA TRUCK REPAIR INC MAINT - FORD F150 #533 PW 7,088.82 16561 PENINSULA UNIFORMS & EQUIPMENT, INC UNIFORMS - VARIOUS ITEMS PD 3,624.08 16562 PG & E 11/7/24-12/8/24 MULTIPLE ACCOUNTS 42,528.61 16563 PLAN JPA DEC '24 DEDUCTIBLE CLAIMS VARIOUS ITEMS 41,046.00 16564 PRIORITY 1 REPAIR - MULTI VEHICLES PD 10,707.22
16565 PUMPING EFFICIENCY TESTING SERVICES, LLC MAINT - PUMP EFFICIENCY TESTING PW 6,900.00 16566 RECOLOGY SAN MATEO COUNTY SMCO GARBAGE FEES FY24-25 1ST PERIOD 50% FN 710,397.60 16567 A&A REDWOOD GENERAL TIRE CO. MAINT - TIRE TRUCK #560 PW 1,634.30 16568 SAN MATEO COUNTY FORENSIC LAB DEC'24 CRIME LAB SERVICES PD 602.00 16569 SAN MATEO LUMBER CO., INC TOOLS - VARIOUS ITEMS PW 137.58 16570 SHARP ELECTRONICS CORPORATION NOV '24 COPIER CHARGES 1,005.79 16571 SHAWN KIRBY DEC '24 POOL SERVICE 1640 RENTAL PW 200.00 16572 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,171.37 16573 STATE WATER RESOURCES CONTROL BOARD ANNUAL PERMIT FEE MULTIPLE SITES 9,492.00 16574 T-MOBILE USA INC. 11/21/24-12/20/24 PD 160.40
16575 TELECOMMUNICATIONS ENGINEERING ASSOCIATES RIMS CAD/RMS TECH SERVICES 7/1/24-12/31/24 PD 8,975.50 16576 SAMUAL OAKLEY CONSULT - DEC'24 ARBORIST SERVICES BP 3,220.00 16577 THOMSON WEST DEC'24 INVESTIGATIVE WEBSITE PD 1,045.45 16578 TURBO DATA SYSTEMS, INC. DEC'24 CITATION PROCESSING & SCANNER PD 1,623.69 16579 UNITED LABORATORIES SUPPLIES - SEWER LIFT-ZYME PW 3,098.50 16580 VERIZON WIRELESS 12/7/24-1/6/25 PD 268.07
16581 VIKING SHRED LLC JAN'25 DESTRUCTION SERVICES PD 92.99 16582 WESLEY CONSTRUCTION, INC INSTALL - SLIDING DOOR TOWN HALL/FLOORS PD PW 15,270.00 16583 WRA, INC CONSULT - EIR ASSESSMENT BP 11,839.25
TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $3,586,371.05 CALPERS RETIREMENT CONTRIBUTIONS 242,330.83
VISA PAYMENTS 32,745.35
RETIREE HEALTH REIMBURSEMENTS 94,850.22
OTHER ELECTRONIC PAYMENTS 32,820.68
TOTAL GOODS & SERVICES FOR THE MONTH $ 3,989,118.13
Docusign Envelope ID: 428D8C8B-0D3C-4A4A-824C-9A049C9843A4 -12-

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

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HF&H CONSULTANTS, LLC FOR A WATER RATE COSTOF-SERVICE STUDY IN AN AMOUNT NOT TO EXCEED $65,550.00 PURSUANT TO CEQA GUIDELINES 15378 AND 15273 AND PUBLIC RESOURCES CODE SECTION 21080(B)(8) SUMMARY: The Town of Hillsborough ("Town") is conducting a water cost-of-service rate study.

The study will provide financial projections and analysis on future water rate changes necessary to meet operating and capital needs and cover debt service and reserve requirements.

The Town adopted a five-year water rate series in November 2022, and the first three years of the rate series have been implemented. The water rate update is needed due to additional forthcoming capital needs and rising wholesale water costs. The Town is reviewing the Highline Pipeline project to determine the funding and financing plan for the $32 million (70% grant-funded) water system project. This project will provide a highly reliable water source to all three cities within the project area (Hillsborough, Burlingame, and Millbrae) in the event of a wildfire and immediately after large earthquakes that can occur on the nearby highly active faults. In addition, the Town will need to review the impact of recently released San Francisco Public Utilities Commission (SFPUC) wholesale water rate increases.

The Town issued a Request for Proposal (RFP) seeking a qualified rate consultant to conduct the rate study. One firm responded to the RFP, and the responses were evaluated through a review of the proposal documents and an interview process. Staff is recommending HF&H Consultants, LLC (HF&H) due to their understanding of the Town’s needs for the rate study. HF&H possesses knowledge and a breadth of experience in Proposition 218 technical issues throughout the State and with other communities that will help evaluate all aspects of the rate-setting process for the community. In addition, HF&H has previous experience preparing the Town’s rate cost-of-service studies for water, sewer, and solid waste rates and is a highly regarded consulting firm for many other cities and organizations. The firm possesses knowledge of the Town’s systems and Proposition 218 considerations and will apply its technical expertise to the analysis.

In summary, staff recommends HF&H for the water cost-of-service study assignment and recommends that the City Council approve and authorize the city manager to execute a contract with HF&H for a water rate cost-of-service study.

FISCAL IMPACT: The contract is paid hourly, and the estimate for the work is approximately $65,550.00. The consultants will bring any change in the scope of work forward for approval. The FY 2024-25 budget of $19,000.00 included an annual update, and the scope of work is a full costof-service study. There are adequate funds available to cover this incremental amount. -13-
Agenda Staff Report - Hillsborough City Council
February 10, 2025

Page 2 ends

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

ATTACHMENTS:

1. Resolution

2. Professional Services Agreement
PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement with HF&H Consultants, LLC for a water rate cost-of-service study in an amount not to exceed $65,550.00 pursuant to CEQA Guidelines 15378 and 15273 and Public Resources Code Section 21080(B)(8).
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RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HF&H CONSULTANTS, LLC FOR A WATER RATE COST-OFSERVICE STUDY IN AN AMOUNT NOT TO EXCEED $65,550.00 PURSUANT TO CEQA GUIDELINES 15378 AND 15273 AND PUBLIC RESOURCES CODE SECTION 21080(B)(8)
WHEREAS, the Town of Hillsborough (“Town”) sets customer rates for water services; and
WHEREAS, the Town will be conducting a rate cost-of-service study to determine the rate requirements to cover the cost of the system and operations; and WHEREAS, HF&H Consultants, LLC was determined to possess the expertise necessary to prepare the study for the Town.

WHEREAS, NOW THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an agreement with HF&H Consultants, LLC for a water rate cost-of-service study in an amount not to exceed $65,550.00 pursuant to CEQA Guidelines 15378 and 15273 and Public Resources Code Section 21080(B)(8).

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 10th of February 2025, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
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61236.01300\40844037.1
1 TOWN OF HILLSBOROUGH

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 2025 by and between the Town of Hillsborough, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, CA 94010 (“Town”), and HF&H Consultants, LLC, a Limited Liability Corporation with its principal place of business at 590 Ygnacio Valley Road, Suite 105, Walnut Creek, CA 94596, (hereinafter referred to as “Consultant”). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Town is a public agency of the State of California and is in need of professional services for the following project:

A Comprehensive Water Cost of Service Rate Study (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the Town with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the Town shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $65,550 without written approval of the Town’s Finance Director. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the Town, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the Town by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall -16-
61236.01300\40844037.1
2 be prepared by the Town and executed by both Parties before performance of such services, or the Town will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by Town.

5. Time of Performance
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the Town to proceed (“Notice to Proceed”).

Consultant shall complete the services required hereunder within Exhibit C. The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities”, includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should such a Force Majeure Event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the Town, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. -17-
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3 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care.

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

9. Assignment and Subconsultant.

Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. Any subconsultants Consultant intends to utilize in the performance of this Agreement shall be listed in Exhibit “B.” Consultant shall provide written notice and shall obtain the written consent of the Town prior to using or substituting a non-listed subconsultant in the performance of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

10. Independent Contractor.

Consultant is retained as an independent contractor and is not an employee of Town. No employee or agent of Consultant shall become an employee of Town. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from Town as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

11. Insurance. Consultant shall not commence work for the Town until it has provided evidence satisfactory to the Town it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the Town. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
-18-
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4 (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give Town, its officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the Town, and provided that such deductibles shall not apply to the Town as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the Town.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give Town, its officials, officers, employees, agents and Town designated volunteers additional insured status. (iv) Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
-19-
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5 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the Town and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. -20-
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6 f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the Town at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the Town at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the Town or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the Town, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
h. Qualifying Insurers
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7 (i) All policies required shall be issued by acceptable insurance companies, as determined by the Town, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(iii) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the Town that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Town may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing), indemnify and hold the Town, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused -22-
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8 by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, -23-
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9 indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

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

15. Town Material Requirements.

Consultant is hereby made aware of the Town’s requirements regarding materials, as set forth in the Town’s Standard Details document, which are deemed to be a part of this Agreement.

16. Laws and Venue.

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

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Mateo, State of California. 17 Termination or Abandonment.
a. Town has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, Town shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. Town shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by Town and Consultant of the portion of such task completed but not paid prior to said termination. Town shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to Town only in the event of substantial failure by Town to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents.

Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the Town.
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10 19. Organization.

Consultant shall assign Rick Simonson, Senior Vice President, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the Town.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice.

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

TOWN:

Town of Hillsborough
1600 Floribunda Ave. Hillsborough, CA 94010
Attn: Jan Cooke, Finance Director
CONSULTANT:

HF&H Consultants, LLC.
590 Ygnacio Valley Road, Suite 105
Walnut Creek, CA 94596
Attn: Rick Simonson, Senior Vice President
and shall be effective upon receipt thereof.

22. Third Party Rights.

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

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement.

This Agreement, with its exhibits, represents the entire understanding of Town and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. -25-
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11 25. Severability.

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

26. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of Town. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver.

The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

28. Time of Essence.

Time is of the essence for each and every provision of this Agreement.

29. Town’s Right to Employ Other Consultants.

Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests.

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

31. Value Statement.
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12 By executing this Agreement, Consultant represents and warrants that it will comply with the values statement set forth in Exhibit “D” to the same extent as a member of the Town of Hillsborough City Council or of a Hillsborough board or committee. [SIGNATURES ON FOLLOWING PAGE]
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13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF HILLSBOROUGH

AND HF&H CONSULTANTS, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF HILLSBOROUGH HF&H CONSULTANTS, LLC
By: By:

Doug Davis
City Manager Its: Senior Vice President
Printed Name: Rick Simonson
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
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14 EXHIBIT A
Scope of Services
The following scope of work will provide the Town with a five-year financial model for its water enterprise, which will be used for setting rates now and can also be used by the Town for future sensitivity analysis and rate increases.

The following tasks will be performed as part of the scope of services for the water rate study:

Task 1 – Project Initiation
Facilitate a virtual kick-off meeting with key Town staff. The meeting will introduce the participants (Town and Consultant) and identify their project roles and expectations. Meeting topics will include: (1) discussions evaluating relevant fiscal policies and community interests; (2) identifying current issues and concerns (financial and operational); (3) discussing project scope, timing, and deliverables; and (4) requesting and compiling all relevant and required data. Consultant will provide a data request list ahead of this meeting for the purpose of discussion during the kick-off meeting.

These discussions will be summarized in meeting notes that will also list the data requirements and the Town staff responsible for providing the data.

Deliverables:
• Kick-off call with Town staff
• Data request
Task 2 – Develop Financial Model
Consultant will prepare the five-year financial planning model to project O&M and capital expenses, operating and non-operating revenue, debt service, and reserve fund balances and targets. The model will be updated using the template from the most recently completed 2025 water rate update for the Town. This approach reduces the project estimate and provides continuity with a familiar tool that Town staff is accustomed to using.

Expenses shall be based on the Town’s most-recent budget, capital improvement program, and inflationary factors for the later years. Using the financial planning model, Consultant will evaluate the impacts of funding capital projects from a combination of sources including rate revenue, capacity fees, reserves, and the potential issuance of additional long-term debt.

The revenue requirement projections will indicate the future revenue increases that will be needed to fund the annual revenue requirements. Any change in expenses will flow through the model as across-the-board, equal percentage rate increases on the existing rate structure over the fiveyear planning period. However, the model will also preserve the ability to adjust consumption to determine the impact of changes in the cost of service on rates. In this way, revenue increases may be different for each class (i.e., residential versus non-residential) if their consumption patterns have changed.
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15 In preparing the financial models, Consultant will approach each element as follows:
• Expenses – Consultant will rely on the Town’s budget and other reports familiar to the Town as much as possible, so that Consultant’s model is easy for the Town to follow and update in future years. Consultant will utilize the Town’s chart of accounts, not predetermined formats from other studies. Consultant will calculate operating expenses whenever possible, based on the underlying unit costs and purchased commodities (e.g., power, chemicals, imported water).
• Revenues – Consultant will calculate and project rate revenue based on the current rate structure and projected growth in units of service (e.g., hundred cubic feet of demand and accounts).
• Reserves – Consultant will review the water enterprise’s current reserves to determine the types of reserves (e.g., operating, capital, stabilization) and recommend minimum and target balances for each. Consultant will update reserve level rules for modeling the rate increases, which will either reflect current policies or new policies that can be adopted as either informal or formal policies where none currently exist. • Capital Improvement Projects (CIP) – The model Consultant will develop for the Town will enable the Town to readily change its CIP project by project, changing funding sources and construction timing to find the optimum blend. It includes cash flow projections that provide for the upfront funding required for SRF loans. • Highline Water Project – Existing cash flow projections of the Town’s Highline Water Project will be updated to include any new assumptions related to General Fund contributions, line-of-credit used during project construction, and long-term debt service. Cash flow projections will account for funding from the Town’s partner agencies, Burlingame and Millbrae, as well as federal grant reimbursements. • Future Considerations – Changing levels of service demand must be evaluated for their impact to future rate revenues and expense projections. Consultant’s analysis will account for changes in accounts due to growth and water demand pattern fluctuations. Town will be able to see the model results of changing future assumptions inputs by selecting from a dropdown menu or entering a specific assumed value.

Consultant will utilize the template of the previous water rate study model and update it to reflect new information. During the model expansion, Consultant will work closely with Town staff on reviewing interim work products to ensure that we provide the functionality that is needed for setting new rates now and for the Town’s subsequent use. Consultants will provide models as work products in an editable Excel-based format, without additional licensing costs or other proprietary restrictions.

Deliverables:
• Minimum five-year financial planning model
Task 3 – Cost-of-Service Analysis
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16 The first year of the financial plans will be used for the cost-of-service analysis, in which the overall revenue requirements are distributed among the residential and non-residential customer classes. The cost-of-service analysis will be tailor-made to conform to the rate structures that are identified for each customer class. The calculations will show the derivation of the unit costs of service, which are applied to all customers’ units of service to determine each class’s share of the overall revenue requirement.

The cost-of-service analysis is dependent on the rate structure for which rates are designed. Prior to preparing the cost-of-service analysis, Consultant will present alternatives for the Town’s consideration. For example, actual demand patterns may lead Consultant to recommend less tiers than the Town’s current four tiers. In the previous rate study, actual demand patterns reduced the breakpoints of the four tiers. It is possible that with sufficient changes to residential demand patterns further consolidation of tiers may be required. In presenting these alternatives, Consultant will determine whether the Town’s customer billing system has the ability to charge the rates. Consultant does not want to pursue alternative rate structures before we know that the Town can implement them.

Consultant will be careful to show how the results of the cost-of-service analysis compared with the revenue that is generated by current rates. This is an important step in explaining how the rates are changing. By the end of the rate calculations, Consultant will clearly indicate (1) how much the overall revenue requirement changes; (2) how much the cost-of-service changes for each customer class; (3) how much the rates change for each customer class; and (4) how much customer bills change for representative customers. Consultant’s explanation will greatly aid in understanding why customers’ bills increase more or less than the overall increase in revenue requirements.

The cost-of-service analysis will clearly indicate how the revenue requirement is apportioned among the customer classes, which is a requirement under Proposition 218 in meeting the burden of proof. The cost-of-service analysis will allocate the revenue requirements between the fixed and volumetric charges, as well as among the various customer classes. Consultant will work closely with Town staff to develop allocation factors based on consumption data for each class.

The result will be compared with the revenue from current charges to determine the difference and the transitional strategy that may be needed to align the updated rates with the cost-of-service without causing rate shock or hardships for any class. The cost-of-service analysis will be integrated into the revenue requirements for setting rates at this time. Once the rates are set, the cost-of-service analysis will not be needed in future years unless the rate structures are modified.

Consultant’s water cost-of-service analysis will adhere to the base/extra-capacity methodology promulgated in the American Water Works Association’s M1 Manual.

Deliverables:
• Cost of service analysis integrated into the revised five-year financial model • Customer impact analysis integrated into the five-year financial model Task 4 – Rate Design
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17 The process of designing rates is one in which the Town’s current rates are compared with the proposed alternative that is identified during the cost-of-service analysis. Consultant will utilize a methodical approach to ensure that the proposed alternative meets all of the Town’s rate-making objectives.

Consultant’s rate structure recommendations will consider current and future operations and maintenance costs, projected customer demand patterns, water supply, and capital improvement requirements.

Consultant’s rate designs are presented so that the bill impacts are easily understood by staff, elected officials, and, most importantly, rate payers. Consultant will compare rate structure alternatives with the current rate structure and with comparable agencies’ rate structures. In this case, comparable agencies will include entities that provide water and/or sewer services in San Mateo and Santa Clara Counties. Consultant will use tabular and graphical techniques to clearly communicate the differences.

Revenue stability can be improved by balancing the revenue from fixed service charges and variable rates. Consultant will typically try to balance the fixed costs with revenue from fixed charges, which includes not only the revenue from service charges, but also revenue from variable charges associated with non-seasonal water demand. If the combination of revenue from fixed service and variable charges is lower than the fixed costs, revenue instability can occur.

Conversely, if the revenue from fixed charges exceeds the fixed costs, customer bills lose their conservation signal (i.e., bills do not respond to changes in water use).

Consultant’s analysis will also include updating the current Revenue Stabilization factors. Future considerations of account growth, mandated consumption reduction, and voluntary consumption reduction will be used to adjust current rates. The end goal will be the same: ensure these revenue stabilization factors are sufficient to offset the amount of revenue shortfall caused by conservation during mandated water shortages.

The stress that variances in demand projections can place on reserves can be relieved by “indexing” rates to pass-through costs for the purchase of water from the San Francisco Public Utilities Commission (SFPUC). The Consultant has worked with the Town to index rates to compensate for rising SFPUC wholesale water rates as part of the 2022 cost-of-service study.

Adoption of the pass through adjustment allowed the Town to make revenue neutral rate adjustments without triggering a full Proposition 218 protest process. This approach benefited the Town’s Water Enterprise in 2024, when it implemented the pass-through adjustment to account for larger SFPUC wholesale water rates than were contemplated. Consultant’s analysis will include an updated pass through adjustment in the Proposition 218 notice to ratepayers as a component of Task 5 deliverables. As the Town has experienced, this mechanism helps to safeguard rates against assumed cost projections that do not pan out.

Deliverables:
• Five-year rate projections integrated into the five-year financial planning rate model • Neighboring agency customer bill comparison integrated into the five-year financial model
• Updated Revenue Stabilization factors
• Pass Through Adjustment to be included in Proposition 218 notice to ratepayers Task 5 – Communicate Results
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18 The analysis will be presented to the Town stakeholders and documented in a concise report that will include the spreadsheet models for the Town’s subsequent use. The documentation will explain how the methodology complies with the substantive provisions of Proposition 218 and relevant court decisions. Preliminary recommendations will be presented to the FAC. Feedback from this meeting will be incorporated into a draft report that will be presented at a City Council study session. The draft report will be reviewed with Town staff to confirm recommendations and address questions prior to the study session. Draft and final deliverables will be provided in Microsoft Word, Excel, and PDF formats. Deliverables in Word and Excel formats will be editable by Town staff. The Town may elect to have legal counsel review the report and provide comments.

Consultant will present a final draft report of findings to City Council ahead of their vote to authorize mailing of the Proposition 218 notices to all ratepayers. A final report will be produced incorporating the comments received from City Council and legal counsel.

All presentations are assumed to be made in-person.

Deliverables:
• One (1) draft report
• One (1) final report
• One (1) presentation to the FAC
• One (1) presentation to City Council as a study session • One (1) presentation to City Council for approval to mail Proposition 218 notices to ratepayers
Task 6 – Implementation
The purpose of this task is to conclude the project with successful implementation of the preferred alternative. Consultant will assist in preparing the notice to rate payers required under Proposition 218 and the resolution/ordinance. Consultant will attend the protest hearing, which shall be no sooner than 45 days after the mailing of the Proposition 218 notices, to present findings and recommendations and to answer questions. The Town may elect to have legal counsel review the Proposition 218 notice and provide comments. The Town will print and distribute the Proposition 218 notice to rate payers.

Deliverables:
• One (1) draft Proposition 218 notice
• One (1) draft Town ordinance
• One (1) meeting with Town staff and legal counsel to review the draft Proposition 218 notice and draft ordinances
• One (1) presentation to City Council at the public hearing, in-person • Attendance of ordinance readings
Task 7 – Progress Meetings
During the conduct of the study, Consultant will provide status updates to Town staff to communicate progress on tasks and to ensure alignment with staff direction and timing. These meetings are intended to obtain staff input and develop solutions that will be accepted by City Council and the ratepayers.
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19 Additional meetings required for implementation of rates beyond those assumed in Task 6 can be attended under the scope of Task 7, if project budget is available.

Deliverables:
• Six (6) one-hour virtual meetings with Town staff for project progress meetings Task 8 – Project Management
An allowance is required for monitoring schedules and budgets, periodic calls with Town staff regarding the progress of the project and other issues that may arise, and quality control checks to peer review our analysis and work products. This task includes creation of project progress reports and control reports for invoicing.

Deliverables:
• Status check-in meetings
• Invoices
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20 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice Town on a monthly cycle. Consultant will include with each invoice a detained progress report that indicates the amount of budget spent on each task. Consultant will inform Town regarding any out-of-scope work being performed by Consultant. This is a time-andmaterials contract. -35-
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21 EXHIBIT C
Activity Schedule
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22 EXHIBIT D
Values Statement

TOWN OF HILLSBOROUGH CITY COUNCIL, BOARDS, AND COMMUNITIES

VALUES STATEMENT
As a member of the Town of Hillsborough City Council or of a Hillsborough board or committee, I agree to uphold the Town mission statement and adhere to the following values. I will:
• Serve with integrity and be a responsible steward of taxpayer dollars and the natural environment.
• Treat everyone with respect, listen to understand, and promote civility, courtesy, and thoughtfulness in all interactions.
• Create an atmosphere where individual members, Town staff, and members of the community are free to express their ideas and work to their full potential. • Promote public and individual trust through honest and open practices and communications.
• Recognize and celebrate the diversity of our community through the pursuit of equal access, equal participation, and fair treatment for all. • Work collaboratively with others toward the common good in order to achieve innovative solutions for the public benefit.
• Maintain a balanced sense of community and quality of life through the protection and improvement of our natural and built environments.
• Respect the dignity and privacy of individuals and organizations. • Safeguard the community from the threats of natural, technological, or other threats to our safety and wellbeing.
• Avoid and discourage conduct which is divisive or harmful to the best interests of Hillsborough.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
4 CONSENT CALENDAR

CITY COUNCIL MEETING
FEBRUARY 10, 2025

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

EXECUTE AN AGREEMENT WITH HF&H CONSULTANTS, LLC FOR A SOLID WASTE RATE COST-OF-SERVICE STUDY IN AN AMOUNT NOT TO EXCEED $59,690.00 PURSUANT TO CEQA GUIDELINES 15378 AND 15273 AND PUBLIC RESOURCES CODE SECTION 21080(B)(8)
SUMMARY: The Town of Hillsborough ("Town") is conducting a solid waste rate cost-of-service study to determine the revenue and rate requirements that will adequately fund solid waste system costs for the next five years. Three of the five years on the current adopted rate schedule have been implemented, and an updated study is needed to refresh the solid waste system's cost projection.

The study will provide financial projections and rate recommendations, including an evaluation of the revenue required to meet compensation requirements set forth by the Recology/South Bayside Waste Management Authority (SBWMA) process.

In summary, staff recommends HF&H for the solid waste cost-of-service study assignment and recommends that the City Council approve and authorize the city manager to execute a contract with HF&H for a solid waste rate cost-of-service study.

FISCAL IMPACT: The contract is paid hourly, and the estimate for the work is approximately $59,690.00. The consultants will bring any change in the scope of work forward for approval. The FY 2024-25 budget of $10,000.00 included an annual update, and the scope of work is a full costof-service study. There are adequate funds available to cover this incremental amount.

Page 2 ends

operational and maintenance expenses of the aforementioned services and (ii) the charges constitute the creation of a funding mechanism/other governmental fiscal activity which does not involve any commitment to any specific project that may result in potential significant physical impact on the environment.

ATTACHMENTS:

1. Resolution

2. Professional Services Agreement
PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement with HF&H Consultants, LLC for a solid waste rate cost-of-service study in an amount not to exceed $59,690.00 pursuant to CEQA Guidelines 15378 and 15273 and Public Resources Code Section 21080(B)(8).
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RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH HF&H CONSULTANTS, LLC FOR A SOLID WASTE RATE COST-OF-SERVICE STUDY IN AN AMOUNT NOT TO EXCEED $59,690.00 PURSUANT TO CEQA GUIDELINES 15378 AND 15273 AND PUBLIC RESOURCES CODE SECTION 21080(B)(8)
WHEREAS, the Town of Hillsborough (“Town”) sets customer rates for solid waste collection services; and
WHEREAS, the Town will be conducting a rate study to determine the rate requirements to cover the cost of solid waste collections; and WHEREAS, HF&H Consultants, LLC was determined to possess the expertise necessary to conduct the rate study for the Town.

NOW THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an agreement with HF&H Consultants, LLC for a solid waste rate cost-of-service study in an amount not to exceed $59,690.00 pursuant to CEQA Guidelines 15378 and 15273 and Public Resources Code Section 21080(B)(8).
_______
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 10th day of February 2025, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
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1 TOWN OF HILLSBOROUGH

RECITALS
A. Town is a public agency of the State of California and is in need of professional services for the following project:

A Comprehensive Solid Waste Cost of Service Rate Study (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the Town with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the Town shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $59,690 without written approval of the Town’s Finance Director. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the Town, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the Town by Consultant with a -42-
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2 statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the Town and executed by both Parties before performance of such services, or the Town will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Consultant shall complete the services required hereunder within Exhibit C. The Notice to Proceed shall set forth the date of commencement of work.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the Town, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. -43-
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3 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care.

9. Assignment and Subconsultant.

10. Independent Contractor.

11. Insurance. Consultant shall not commence work for the Town until it has provided evidence satisfactory to the Town it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the Town. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
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4 (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give Town, its officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the Town, and provided that such deductibles shall not apply to the Town as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the Town.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give Town, its officials, officers, employees, agents and Town designated volunteers additional insured status. (iv) Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
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5 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the Town and in an amount indicated herein.

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. -46-
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6 f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the Town at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the Town at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the Town or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the Town, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
h. Qualifying Insurers
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7 (i) All policies required shall be issued by acceptable insurance companies, as determined by the Town, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(iii) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the Town that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Town may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing), indemnify and hold the Town, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused -48-
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8 by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, -49-
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9 indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

15. Town Material Requirements.

Consultant is hereby made aware of the Town’s requirements regarding materials, as set forth in the Town’s Standard Details document, which are deemed to be a part of this Agreement.

16. Laws and Venue.

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

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice.

TOWN:

Town of Hillsborough
1600 Floribunda Ave. Hillsborough, CA 94010
Attn: Jan Cooke, Finance Director
CONSULTANT:

HF&H Consultants, LLC.
590 Ygnacio Valley Road, Suite 105
Walnut Creek, CA 94596
Attn: Rick Simonson, Senior Vice President
and shall be effective upon receipt thereof.

22. Third Party Rights.

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

23. Equal Opportunity Employment.

24. Entire Agreement.

26. Successors and Assigns.

27. Non-Waiver.

28. Time of Essence.

Time is of the essence for each and every provision of this Agreement.

29. Town’s Right to Employ Other Consultants.

Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests.

31. Value Statement.
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12 By executing this Agreement, Consultant represents and warrants that it will comply with the values statement set forth in Exhibit “D” to the same extent as a member of the Town of Hillsborough City Council or of a Hillsborough board or committee. [SIGNATURES ON FOLLOWING PAGE]
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13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF HILLSBOROUGH

AND HF&H CONSULTANTS, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF HILLSBOROUGH HF&H CONSULTANTS, LLC
By: By:

Doug Davis
City Manager Its: Senior Vice President
Printed Name: Rick Simonson
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
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14 EXHIBIT A
Scope of Services
The following workplan will provide the Town with a five-year financial model for its solid waste program, which will be used for setting rates now and can also be used by the Town for future sensitivity analysis and rate increases.

The following tasks will be performed as part of the scope of services for the solid waste rate study.

Task 1. Project Initiation
We will facilitate a virtual kick-off meeting with key Town staff. The meeting will introduce the participants (Town and HF&H) and identify their project roles and expectations. Meeting topics will include: 1) discussions evaluating current issues and concerns, including SBWMA and Recology communications (financial and operational); 2) discussing project scope, timing, and deliverables; and 3) requesting and compiling all relevant and required data. HF&H will provide a data request list ahead of this meeting for discussion during the kick-off meeting.

These discussions will be summarized in meeting notes that will also list the data requirements and the Town staff responsible for providing the data.

Deliverables:
• Kick-off call with Town staff
• Data request
Task 2. Develop Financial Model
We will prepare a financial planning model extending up to ten years to project expenses, revenue, franchise fees, and annual cash flows. The model will be updated using the template from the most recently completed 2025 solid waste rate update for the Town, as well as the costof-service study completed in 2022. This approach reduces the project estimate and provides continuity with a familiar tool that Town staff is accustomed to using.

Annual revenue requirements shall be based on three sources: Recology, SBWMA, and historical data trends captured since HF&H’s assistance to the Town began in 2021. Projections based on available data and inflationary factors will generate the annual requirements contained in the model. Using the financial planning model, we will evaluate the impacts of current and future solid waste program considerations.

Deliverables:
• Minimum five-year financial planning model
Task 3. Cost-of-Service Analysis
The Town has successfully adopted cost-of-service based rates. This is a rate-setting hurdle most members of the SBWMA encounter due to the large increases necessary for residential customers to absorb. Therefore, we would anticipate small adjustments will be necessary to ensure rates continue to meet the cost-of-service.

The first year of the financial model will be used for the cost-of-service analysis, in which the overall revenue requirements are distributed among the levels of service and material collection types. The cost-of-service analysis will be tailor-made to conform to the rate structures that are identified. We will use a “detailed level” approach for the model, which most solid waste rate setting consultants will not provide. In this case, we will analyze the Town’s costs and determine the fixed and variable components along with the allocation of the Town’s costs to better calculate a more accurate cost-of-service proportionate to the level of service received Our main focus will be on single-family residential rate structures, as the Town has only seven non-residential accounts and no multi-family accounts. HF&H will approach residential costs based on the three materials collected: solid waste, recycling, and organics. The recycling and organics costs would be a fixed cost per home since all residential accounts receive the same basic level of service for these two material types. However, we are aware that many Town residents request extra organic material containers. We will separately analyze the cost to collect multiple organic material containers from the same resident to determine the appropriate We will be careful to show how the results of the cost-of-service analysis compare with the revenue that is generated by current rates. This is an important step in explaining how the rates are changing. By the end of the rate calculations, we will clearly indicate 1) how much the overall revenue requirement changes; 2) how much the cost-of-service changes for each service level; 3) how much the rates change for each customer class; and, 4) how much customer bills change for representative customers. Our explanation will greatly aid Town staff and customers in understanding why individual customer’s bills increase more or less than the overall increase in revenue requirements.

Deliverables:
• Cost-of-service analysis integrated into the revised five-year financial model • Customer impact analysis integrated into the five-year financial model -56-
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16 Task 4. Rate Design
To meet Proposition 218 requirements, the proposed rates must reasonably reflect the cost of providing service and must be fair and equitable to all. The process of designing rates is one in which the Town’s current rates are compared with the proposed alternative that is identified during the cost-of-service analysis. Again, our approach is very methodical to ensure that the proposed alternative meets all of the Town’s rate-making objectives.

Our rate structure recommendations will consider projected growth and inflation on operational and financial assumptions, projected subscription levels, and disposal tonnages.

Our rate designs are presented so that the bill impacts are easily understood by staff, elected officials, and, most importantly, rate payers. We will compare rate structure alternatives with the current rate structure and with comparable agencies’ rate structures. In this case, comparable agencies will include entities that provide solid waste services in San Mateo County and Santa Clara County. We use tabular and graphical techniques to clearly communicate the differences.

Deliverables:
• Five-year rate projections integrated into the five-year financial planning rate model • Neighboring agency customer bill comparison integrated into the five-year financial model Task 5. Communicate Results
The analysis will be presented to the Town stakeholders and documented in a concise report that will include the spreadsheet models for the Town’s subsequent use. The documentation will explain how the methodology complies with the substantive provisions of Proposition 218 and relevant court decisions. Preliminary recommendations will be presented to the FAC. Feedback from this meeting will be incorporated into a draft report that will be presented at a City Council study session. The draft report will be reviewed with Town staff to confirm recommendations and address questions prior to the study session. Draft and final deliverables will be provided in Microsoft Word, Excel, and PDF formats. Deliverables in Word and Excel formats will be editable by Town staff. The Town may elect to, and we would recommend, have legal counsel review the report and provide comments. We will present a final draft report of our findings to City Council ahead of their vote to authorize mailing of the Proposition 218 notices to all ratepayers. A final report will be produced incorporating the comments received from City Council and legal counsel.

All presentations are assumed to be made in-person.

Deliverables:
• One (1) draft report
• One (1) final report
• One (1) presentation to the FAC
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17 • One (1) presentation to City Council as a study session • One (1) presentation to City Council for approval to mail Proposition 218 notices to ratepayers Task 6. Implementation
The purpose of this task is to conclude the project with successful implementation of the preferred rate structure. We will assist in preparing the notice to rate payers required under Proposition 218 and the resolution or ordinance. We will attend the protest hearing, which shall be no sooner than 45 days after the mailing of the Proposition 218 notices, to present our findings and recommendations and to answer questions. The Town may elect to, and we would recommend, have legal counsel review the Proposition 218 notice and provide comments. It is our assumption the Town would print and distribute the Proposition 218 notice to rate payers.

Deliverables:
• One (1) draft Proposition 218 notice
• One (1) draft Town ordinance
• One (1) meeting with Town staff and legal counsel to review the draft Proposition 218 notice and draft ordinances
• One (1) presentation to City Council at the public hearing, in-person • Attendance of ordinance readings
Task 7. Progress Meetings
During the conduct of the study, HF&H will provide status updates to Town staff to communicate progress on tasks and to ensure alignment with staff direction and timing. These meetings are intended to obtain staff input and develop solutions that will be accepted by City Council and the ratepayers. Past engagements with the Town have benefited from our close working relationship with Town staff and legal counsel to use virtual meetings to address questions and model impromptu alternatives.

Additional meetings required for implementation of rates beyond those assumed in Task 6 can be attended under the scope of Task 7, if project budget is available.

Deliverables:
• Four (4) one-hour virtual meetings with Town staff for project progress meetings.

Task 8. Project Management
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18 An allowance is required for monitoring schedules and budgets, periodic status calls with Town staff regarding the progress of the project and other issues, and quality control checks to peer review our analysis and work products. This task includes creation of project progress reports and control reports for invoicing.

Deliverables:
• Status check-in meetings
• Invoices
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19 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice Town on a monthly cycle. Consultant will include with each invoice a detained progress report that indicates the amount of budget spent on each task. Consultant will inform Town regarding any out-of-scope work being performed by Consultant. This is a time-andmaterials contract. -60-
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20 EXHIBIT C
Activity Schedule
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21 EXHIBIT D
Values Statement

TOWN OF HILLSBOROUGH CITY COUNCIL, BOARDS, AND COMMUNITIES

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

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ADOPTING THE TOWN OF HILLSBOROUGH 2025

LEGISLATIVE PLATFORM
SUMMARY: The City Council considered the 2025 Legislative Platform at its January 13, 2025 meeting and following discussion, without objection, directed staff to bring the item back at the February City Council meeting for adoption in order for staff to refine some of the policy statements and make typographical corrections. A redline of the revised legislative platform is included as Attachment 2 to the staff report.

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

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

The Town’s legislative consultant, California Public Policy Group (CPPG), previously known as Renne Public Policy Group (RPPG), provides full lobbying services, including:
• Tracking state legislation and provide priority state legislative tracking documents regularly to the Town.
• Drafting legislative language and talking points or other advocacy materials on legislation, as necessary.
• Preparing position letters reflective of the Town’s adopted legislative position to members of the state legislature, executive branch, and other officials in State government as needed. • Testifying at the direction of and on behalf of the Town at hearings before legislative committees. • Preparing written testimony for Town officials who wish to testify before legislative committees. • Regularly communicating with Town staff to assess legislative options, analyze legislation and discuss policy objectives including review and input into the Town’s legislative policy platform.

The Town has adopted a legislative platform annually since 2022. By adopting a legislative platform, the Town enhances its capacity to monitor, analyze and respond to complex and swift moving legislation. Near the end of the legislative session each year, hundreds of bills are -63-
Agenda Staff Report - Hillsborough City Council
February 10, 2025

Page 2 ends

amended and move quickly through the process. Many of these bills have detrimental effects on public agencies. A legislative platform and policy allow advocates to quickly educate lawmakers in Sacramento on how legislation will impact the Town of Hillsborough. Councilmembers were invited to meet with representatives of California Public Policy Group individually to discuss legislative issues that may impact the Town.

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

ATTACHMENTS:

1. Resolution and Exhibit A Legislative Platform (clean)

2. Legislative Platform (redline)
PREPARED BY: Mandy Brown, Assistant City Manager
RECOMMENDATION: Adopt the resolution adopting the Town of Hillsborough 2025 Legislative Platform.
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RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ADOPTING THE TOWN OF HILLSBOROUGH 2025 LEGISLATIVE PLATFORM WHEREAS, the Town of Hillsborough (“Town”) desires to convey to state legislators, policymakers and the public where the Town stands on important policy issues; and
WHEREAS, a legislative platform provides direction for the Town to engage state initiatives that affect the Town’s key priorities, programs and/or operations; and
WHEREAS, a legislative platform and policy allow advocates to quickly educate lawmakers in Sacramento on how legislation will impact the Town; and WHEREAS, by adopting a legislative platform (attached hereto as Exhibit A), the Town will enhance its capacity to monitor, analyze and respond to complex and swift moving legislation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby adopts the Town of Hillsborough 2025 Legislative Platform.

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 10th day of February 2025, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
2025 LEGISLATIVE PLATFORM

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

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

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

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

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

III. PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve the Town’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the County, State or Federal Governments and/or make local agencies more dependent on the County, State or Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits.
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EXHIBIT A
Adopted ______, Resolution No. 25- 2

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

Governmental Transparency and Public Access
a) Support legislation that balances increased public trust, confidence and access to public meetings while realizing the fiscal and operational constraints of local -67-
Adopted ______, Resolution No. 25- 3
government.
b) Support legislation that would increase civic participation and engagement including the allowance of legislative subcommittees, advisory committees, and commissions to participate virtually without physical location posting requirements under the Ralph M. Brown Act.
c) Support legislation that would permit a minority amount of virtual council member participate without physical location posting, so long as a physical in-person quorum is present.
d) Support state funding efforts to assist with enhanced public access for members of the community.
e) Oppose legislation that would incentivize increased litigation by removing safe harbor provisions permitted in the California Voting Rights Act (CVRA). f) Oppose legislation that drives up the cost of municipal elections through unnecessary new requirements.
g) Monitor and evaluate proposals that create new mandates under the California Public Records Act without state reimbursement provisions. h) Monitor and evaluate proposals that require a one-size-fits-all to local retention polices.
i) Support modifications to Fair Political Practices Commission (FPPC) Form 700 filing requirements that take into account the differences between a full-service municipality and a primarily residential community.
j) Support modifications for Form 700 reporting requirements that have higher minimum investment level requiring disclosure.

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

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

Water Quality and Water Supply
a) Support and monitor legislation that would increase the availability of, and funding -68-
Adopted ______, Resolution No. 25- 4
for, water conservation, water reuse technologies, water recycling, local water storage and other water supply technologies.
b) Support the enhancement of a reliable and sustainable water supply for California. c) Support measures to increase water supply and improve water quality in the region, including drought relief legislation.
d) Support funding opportunities that are provided to local jurisdictions through past and future bond opportunities.
e) Support legislation or regulatory efforts that reflects the realities of persistent drought conditions and impacts associated with reduced water supply including meeting state mandated regional housing needs assessment (RHNA) targets and other housing mandates.
f) Oppose new fees on water that would not benefit ratepayers. g) Support legislation that promotes water conservation while preserving the authority of local agencies and takes into account past conservation successes as well as needs to maintain healthy landscapes.

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

Land Use Planning and Housing
a) Support efforts to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement plans for orderly growth, development, beautification, and conservation of local planning areas. b) Support legislation that recognizes the need to provide the preservation of existing affordable housing and the development and enhancement of safe and affordable housing and accessible housing within the Town. Provide housing for all economic segments of the population, while still preserving local control and the unique character of the community.
c) Support and advocate for legislation that permits regional collaborations to achieving housing production.
d) Support funding for local jurisdictions when statewide bond efforts are proposed. e) Oppose measures that would withhold funding dedicated to transportation funding unless proposed housing goals are being met.
f) Oppose measures which would undermine Town adopted and established general plan, zoning and housing policies and plans.
g) Oppose measures which undermine the planning vision of local government and contradict the expectations of our community.
h) Support measures which support meeting the State’s planning goals while -69-
Adopted ______, Resolution No. 25- 5
maintaining local control, ensuring communities evolve in a manner that reflects the will of the residents and protects the public’s health, safety, and welfare. i) Strongly oppose legislation that encourages increasing the housing density in High Fire Hazard Severity Zones.

Energy
a) Support legislation that promotes the development and long-term sustainability of locally run Community Choice Aggregators (CCA).
b) Support legislation that promotes ratepayer equity between CCA’s and other public and private electrical utilities.
c) Oppose legislative attempts that shift wildfire costs associated with investor-owned utility-caused events to the Town and its residents.
d) Support legislation that would promote workforce development training to further electrification from sustainable sources of energy.

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

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

Fire Services
a) Support legislation that provides funding and resources for promoting defensible -70-
Adopted ______, Resolution No. 25- 6
space within a Wildlife Urban Interface (WUI) area.
b) Support legislation that encourages regional collaboration and deployment of resources to maximize firefighting efforts.
c) Support local control of emergency medical services and ambulance services, including pre-hospital care and transport.

Transportation
a) Support legislation that would increase funding for local transportation projects including road resurfacing projects, green infrastructure projects, adding bicycle lanes, sidewalks and trails throughout the Town where appropriate, programs that enhance pedestrian safety.
b) Support increased State and Federal funding of transportation improvements with regional or sub-regional benefits for all modes of transportation. c) Support protection of dedicated transportation-related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities. d) Support joint planning efforts and projects with border cities on traffic congestion relief projects.
e) Support legislation that limits the ability for users to alter E-bikes and enhances requirements for E-bike rider safety training and licensing.

Public Works and Utilities
a) Support funding for broadband middle and last mile expenditures. b) Oppose measures that undermine local decision making in installation of broadband services.
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TOWN OF HILLSBOROUGH
2025 LEGISLATIVE PLATFORM

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

Governmental Transparency and Public Access
a) Support legislation that balances increased public trust, confidence and access to -73-
Adopted ______, Resolution No. 25- 3
public meetings while realizing the fiscal and operational constraints of local government.
b) Support legislation that would increase civic participation and engagement including the allowance of legislative subcommittees, advisory committees, and commissions to participate virtually without physical location posting requirements under the Ralph M. Brown Act.
c) Support legislation that would permit a minority amount of virtual council member participate without physical location posting, so long as a physical in-person quorum is present.
d) Support state funding efforts to assist with enhanced public access for members of the community.
e) Oppose legislation that would incentivize increased litigation by removing safe harbor provisions permitted in the California Voting Rights Act (CVRA). f) Oppose legislation that drives up the cost of municipal elections through unnecessary new requirements.
g) Monitor and evaluate proposals that create new mandates under the California Public Records Act without state reimbursement provisions. h) Monitor and evaluate proposals that require a one-size-fits-all to local retention polices.
i) Support modifications to Fair Political Practices Commission (FPPC) Form 700 filing requirements that take into account the differences between a full-service municipality and a primarily residential community.
j) Support modifications for Form 700 reporting requirements that have higher minimum investment level requiring disclosure.

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

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

Water Quality and Water Supply
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Adopted ______, Resolution No. 25- 4
a) Support and monitor legislation that would increase the availability of, and funding for, water conservation, water reuse technologies, water recycling, local water storage and other water supply technologies.
b) Support the enhancement of a reliable and sustainable water supply for California. c) Support measures to increase water supply and improve water quality in the region, including drought relief legislation.
d) Support funding opportunities that are provided to local jurisdictions through past and future bond opportunities.
e) Support legislation or regulatory efforts that reflects the realities of persistent drought conditions and impacts associated with reduced water supply including meeting state mandated regional housing needs assessment (RHNA) targets and other housing mandates.
f) Oppose new fees on water that would not benefit ratepayers. g) Support legislation that promotes water conservation while preserving the authority of local agencies and takes into account past conservation successes as well as needs to maintain healthy landscapes.

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

Land Use Planning and Housing
a) Support efforts to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement plans for orderly growth, development, beautification, and conservation of local planning areas. b) Support legislation that recognizes the need to provide Support housing measures that promote the preservation of existing affordable housing and the development and enhancement of safe and affordable housing and accessible housing within the Town. Provide housing for all economic segments of the population, while still preserving local control and the unique character of the community.
c) Support and advocate for legislation that permits regional collaborations to achieving housing production.
d) Support funding for local jurisdictions when statewide bond efforts are proposed. e) Oppose measures that would withhold funding dedicated to transportation funding unless proposed housing goals are being met.
f) Oppose measures which would undermine Town adopted and established general plan, zoning and housing policies and plans.
g) Oppose measures which undermine the planning vision of local government and -75-
Adopted ______, Resolution No. 25- 5
contradict the expectations of our community.
h) Support measures which support meeting the State’s planning goals while maintaining local control, ensuring communities evolve in a manner that reflects the will of the residents and protects the public’s health, safety, and welfare. i) Strongly oppose legislation that encourages increasing the housing density in High Fire Hazard Severity Zones.

Energy
a) Support legislation that promotes the development and long-term sustainability of locally run Community Choice Aggregators (CCA).
b) Support legislation that promotes ratepayer equity between CCA’s and other public and private electrical utilities.
c) Oppose legislative attempts that shift wildfire costs associated with investor-owned utility-caused events to the Town and its residents.
d) Support legislation that would promote workforce development training to further electrification from sustainable sources of energy.

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

Public Safety/Police
a) Support legislation that strengthens community-oriented public safety policies. b) Support legislation that would increase accountability and transparency and of law enforcement agencies and personnel.
c) Support legislation that strengthens local law enforcement and encourages regional collaboration for deployment of resources and specialized taskforce operations.
d) Support legislation that strengthens penalties for repeat property crime offenders. e) Monitor legislation on implementation of best practices regarding law enforcement procedures.
f) Support measures that protect children and youth from exposure to tobacco and tobacco related products such as e-cigarettes.
-76-
Adopted ______, Resolution No. 25- 6
Fire Services
a) Support legislation that provides funding and resources for promoting defensible space within a Wildlife Urban Interface (WUI) area.
b) Support legislation that encourages regional collaboration and deployment of resources to maximize firefighting efforts.
c) Support local control of emergency medical services and ambulance services, including pre-hospital care and transport.

Public Works and Utilities
a) Support funding for broadband middle and last mile expenditures. b) Oppose measures that undermine local decision making in installation of broadband services.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
6 CONSENT CALENDAR

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPOINTING THREE MEMBERS TO THE ARCHITECTURE AND DESIGN REVIEW BOARD: ONE TO A REGULAR SEAT FOR A PARTIAL TERM FEBRUARY 11, 2025 THROUGH DECEMBER 31, 2025, ONE TO ALTERNATE SEAT 1 FOR A PARTIAL TERM FEBRUARY 11, 2025 THROUGH DECEMBER 31, 2026 AND ONE TO ALTERNATE SEAT 2 FOR A PARTIAL TERM FEBRUARY 11, 2025 THROUGH DECEMBER 31, 2027
SUMMARY: The Town has four Council-appointed boards and committees that serve in an advisory capacity to the City Council on a volunteer basis: the Administrative Hearing Panel, Architecture and Design Review Board (ADRB), Citizens Communication Advisory Committee and Financial Advisory Committee. The term length is three years, with staggered terms expiring December 31 of each year. The City Council makes appointments annually to fill expiring terms and also appoints applicants to fill unexpected vacancies for partial terms as necessary throughout the year.

A vacancy exists on the ADRB in a regular seat due to the resignation of Bee Hui Yeh in December 2024 for a term ending December 31, 2025, and a vacancy exists in the existing alternate seat due to the resignation of Zach Hulsey in January 2024 for a term ending December 31, 2026.

The Town conducted a recruitment beginning January 9, 2025 with an application deadline of 12:00 p.m. on January 31, 2025. Recruitment efforts included posting the notice on Town bulletin boards, on the Town website, availability in the Town Hall lobby and at all public meetings, inclusion in the emailed Weekly Bulletin and posting on San Mateo Library and Burlingame Library bulletin boards.

Five applications were received by the application deadline. The City Council Commissioner to the ADRB, Building and Planning Director and Assistant Building and Planning Director reviewed the applications, interviewed applicants, and discussed recommendations for appointments.

Since 2001, the ADRB has included one alternate member, in addition to its five regular members.

Hillsborough Municipal Code (“HMC”) § 2.12.010 specifies that “one or more alternate members of the architecture and design review board may also be appointed.” The ADRB Bylaws (adopted September 2022) reference the process for appointment for one or more alternates.

In order to ensure the ADRB can maintain a quorum in the event of absences and potential recusals due to conflict of interest, it is recommended that a second alternate member be appointed. As the term of office is three years as specified in the HMC, the recommended term for -79-
Agenda Staff Report - Hillsborough City Council
February 10, 2025

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the second alternate seat (Alternate 2) is February 11, 2025 through December 31, 2027. This term length and expiration aligns with the expiration of the other terms on the ADRB to ensure continuity.

With the addition of a second alternate seat for consideration, the following applicants are recommended for appointment:

Bill Neidig is recommended for appointment to a regular seat for a partial term from February 11, 2025 through December 31, 2025.

Matthew Ken is recommended for appointment to Alternate seat 1 for a partial term from February 11, 2025 through December 31, 2026.

Mia Maddalena is recommended for appointment to Alternate seat 2 for a partial term from February 11, 2025 through December 31, 2027.

In accordance with HMC § 2.12.010, at the conclusion of the terms listed above, these board members would be eligible for reappointment to the ADRB for a full three-year term, as appointment to a partial term does not prevent a member from being eligible to serve two additional full three-year terms. The term limit for ADRB members is two consecutive full three-year terms, however, a member may serve all or part of a third consecutive three-year term if requested by the mayor, to ensure the effective functioning of the ADRB.

Per Section 2.C. of the Bylaws, an alternate member may not participate in any discussions, make a motion, second a motion, or vote on any agenda items except under the following circumstances:

1. If one or more regular voting members is absent.

2. If there is a vacant seat or a conflict of interest causing the number of regular voting members to be less than the full membership of the Board.

3. If a regular voting member shows up late to a meeting, he or she cannot vote on the agenda item if the alternate has been designated at the start of that item.

4. If only one of two alternate members may vote, the voting privilege is by seniority, or otherwise established by the Board.

If a regular voting member resigns prior to a designated term ending date, the alternate will automatically assume the vacant position.

It is recommended that seniority is: Alternate 1, then Alternate 2 and that Alternate 1 be designated as the alternate to automatically assume a vacant seat, and should Alternate 1 be unable or unwilling to assume the regular seat, Alternate 2 may assume the seat.

An update to the Bylaws and City Council Policy 412 will be brought back for approval with other housekeeping cleanups.
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Agenda Staff Report - Hillsborough City Council
February 10, 2025

Page 3 ends

All application materials are on file with the City Clerk's Office.

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

ATTACHMENTS:

1. Resolution

2. Application materials for applicants to be appointed PREPARED BY: Lisa Natusch, City Clerk and Liz Ruess, Assistant Director of Building and Planning
RECOMMENDATION: Adopt the resolution appointing three members to the Architecture and Design Review Board: one to a regular seat for a partial term from February 11, 2025 through December 31, 2025, one to an alternate seat for a partial term February 11, 2025 through December 31, 2026, and one to a second alternate seat for a partial term February 11, 2025 through December 31, 2027.
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RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPOINTING THREE MEMBERS TO THE ARCHITECTURE AND DESIGN REVIEW BOARD: ONE TO A REGULAR SEAT FOR A PARTIAL TERM FEBRUARY 11, 2025 THROUGH DECEMBER 31, 2025, ONE TO AN ALTERNATE SEAT FOR A PARTIAL TERM FEBRUARY 11, 2025 THROUGH DECEMBER 31, 2026 AND ONE TO AN ALTERNATE SEAT FOR A PARTIAL TERM FEBRUARY 11, 2025 THROUGH DECEMBER 31, 2027
WHEREAS, two vacancies exist on the Architecture and Design Review Board (ADRB): in a regular seat due to the resignation of Bee Hui Yeh in December 2024 for a term ending December 31, 2025, and in the alternate seat due to the resignation of Zach Hulsey in January 2024 for a term ending December 31, 2026; and
WHEREAS, the Town of Hillsborough (“Town”) publicized the openings on January 9, 2025 and accepted applications until 12:00 p.m. on Friday, January 31, 2025; and
WHEREAS, applications were reviewed and applicants were interviewed by the City Council Commissioner, Department Head, and staff liaison(s) to the ADRB; and
WHEREAS, to ensure the ADRB can maintain a quorum in the event of absences and recusals of regular members, the City Council desires to appoint a second alternate (Alternate 2) pursuant to Hillsborough Municipal Code (“HMC”) §

2.12.010; and
WHEREAS, Alternate 1 is designated as the alternate to automatically assume a vacant seat and should Alternate 1 be unable or unwilling to assume the regular seat, Alternate 2 may assume the vacant seat.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby appoints the following individuals for partial terms on the Architecture and Design Review Board beginning February 11, 2025:

Name Member Type Term Expiration
Bill Neidig regular seat December 31, 2025
Matthew Ken Alternate 1 December 31, 2026
Mia Maddalena Alternate 2 December 31, 2027
Mayor of the Town of Hillsborough
Attest: City Clerk
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ATTACHMENT 1
2 This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 10th day of February 2025, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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ATTACHMENT 2
Received 11/27/24
TOH
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12/10/2024

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

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

4. Attach a letter of interest and current resume.

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

I hereby certify that all statements made in this application are true and I authorize investigation of all matters contained in the application. I acknowledge that any false statements or misrepresentation on this application will be cause for refusal of appointment or immediate dismissal at any time during the term of my appointment. _____________________________________________________ _________________________________ Signature Date
1-19-2025
Please see attached sheets Please see attached sheets
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Statement #1
I am a long-time resident of Hillsborough, having moved here as a child in 1966, and growing up and attending the Town's Schools until College. I moved away in 1989, but continued to live in the area, and my parents still resided in Town, so I frequently visited.

In 2008, I was fortunate to be able to purchase my childhood home and return to this amazing place.

I have a Degree in Environmental Planning and Management from UC Davis. Major coursework included Urban and Regional Planning, Landscape Architecture and Community outreach. I also have a Master’s of Science in Emergency Services Administration.

My Father, Jack Ken, is a retired Architect. As a result, I learned many design elements and styles from what I would call "Osmosis." He designed the house I grew up in and it was his statement of the current Architectural Styles of the 1960's. Though I lack his talent in Design, I would say I have been exposed to Architecture at many levels. I also worked at the Architecture firm of Anshen and Allen after College, working in the print and graphics department.

I think my most unique qualification is the fact I have seen the Town develop and change for over 6 Decades. From when I grew up and the prevalence of ranch house subdivisions, to the large "McMansions" of the 1980's to the contemporary homes being built today, I have a unique perspective of what the homes in the Town have been and become. I am also familiar with the Town’s historical grand estates, including still standing and former mansions that originally comprised the town. Additionally, being the son of a Architect, I was shown the work of other Architects in the Town and the work they produced, such as William Wurster, William Wiffler and Don Brandenberger.

And the lone example of Frank Lloyed Wright.

As a result, I have come to appreciate the value of well-designed homes and the positive impact that it has, and the quality it brings with it. A town with a forward-thinking vision of what it is and can become leads to a successful town.

Statement #2
I have a long history of Volunteer work, both for the Town and also in other areas. I think this was instilled in me by my Parents. My father volunteered in various endeavors for the town over the years, from the Hillsborough Schools Foundation formed after the passage of Prop 13, to helping Kitty Mullooly with the formation of the original ADRB.

My Mother was a former Kindergarten teacher at South School for many years, and this was her way of giving back to the community.

I am currently a member of the Hillsborough Neighborhood Network (HNN) and am a former Volunteer firefighter. I see the Board Position on the ADRB as a natural continuation of what I have done for many years.
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Statement #3
I am a retired Sergeant with the San Mateo Sheriff's Office and former Police Officer and Forest Ranger. I think these positions give me a thorough understanding of Municipal Government, its function and how it serves its Citizens. I am a strong believer of the notion of Public Service and the need to give back to the community you live in.

I also understand the nature of Volunteer work and the need to be able to work with others, as a team to accomplish the goals in a manner that is inclusive and accepting.

Thank You for considering my application.

Matt Ken
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Leadership
• Graduate, Inner Perspectives, a leadership program for line level officers modeled after the Sherman Block Supervisory Leadership Institute - SLI, May 2006. • Supervise Police Assistant - fleet services and hourly fleet employee. • President – Mountain View POA 2011-2012.
• President - Midpeninsula Rangers POA 1998-2000.
• Union President - SEIU Local 715 for the Midpeninsula Rangers 1989-1995.

Teaching and Training
• POST Basic Academy instructor in Hazardous Materials, First Aid, CPR and Emergency Response.
• POST Instructor for Law Enforcement Response to Terrorism. • POST Driver training instructor in Emergency Vehicle Operations. • Instructor – Law Enforcement Mobile Video Institute – Mobile Video Operations • Instructor – American Red Cross, First Aid and CPR
Volunteer and Professional Associations, Boards and Committees • Hillsborough Neighborhood Network 2012-2025.
• Treasurer - PORAC Central Coast Chapter 7/2005 to 12/2012. • Mountain View PAL Board Member 6/2008 to 12/2012.
• Treasurer -Santa Clara County Training Officers Association. • Law Enforcement representative to the State Homeland Security Grant Program - Grant Allocation committee, responsible for allocation of approximately $1.1 million in training funds to Santa Clara County agencies. • Board Member - Kings Mountain Fire Department.

Significant Projects
• Handled training for MVPD SWAT team to Socorro, New Mexico for Incident Response to Terrorist Bombings and Patrol Response to Suicide Bombing Incidents and subsequent grant reimbursement of $36,000. • Developed a probationary completion packet to provide additional benefits and certificates to officers who have completed their probationary period. • Conducted training for State and Federally mandated terrorism awareness course to all sworn officers.
• Changed the department’s hiring process for non-affiliated academy graduates. • OSHA Respirator Compliance Program.
• Planned and implemented training for 140 staff to the Museum of Tolerance in Los Angeles California, 5/05.
• Managed over 300 in-service (away) training classes since 6/05. -94-
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
7 CONSENT CALENDAR

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE

HILLSBOROUGH POLICE OFFICERS ASSOCIATION UNIT
SUMMARY: This resolution memorializes changes in compensation for the Hillsborough Police Officers Association unit employees. Per the provisions of the adopted January 1, 2023 – December 31, 2026 Memorandum of Understanding, the following increases shall be made, effective the first full pay period of January 2025:
• An increase to all positions in the unit of the average Consumer Price Index from October 2024 to October 2025 in the amount of 2.9% - The Bay Area 12-month average Consumer Price Index was

2.9%, per the MOU, the minimum increase shall be 2.5%.
• An equity adjustment to employees in the Police Trainee classification in the amount of 7.3%.

FISCAL IMPACT: The annual cost is estimated at $260,000.00 and there is a $126,000.00 adjustment to the adopted FY 2024-25 budget due to savings.

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

ATTACHMENTS: Resolution
PREPARED BY: Mandy Brown, Assistant City Manager
RECOMMENDATION: Adopt the resolution authorizing compensation adjustments for Hillsborough Police Officers Association unit employees. -99-
RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE HILLSBOROUGH

POLICE OFFICERS ASSOCIATION UNIT
WHEREAS, the Town of Hillsborough has determined that competitiveness in compensation for employee positions is an important factor in employee retention; and
WHEREAS, the Hillsborough Police Officers Association unit provides methods for setting salaries in the unit that should be memorialized in a resolution; and
WHEREAS, the Memorandum of Understanding states that unit employee salaries shall be increased effective the first full pay period in January 2025.

NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough hereby authorizes the following changes in the Town’s compensation plan effective the first full pay period in January 2025:

Salaries for all positions in the unit shall be increased by 2.9% Salaries for all positions in the Police Trainee classification shall be increased by 7.3%
Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 10th day of January 2025, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING COMPENSATION AND BENEFITS

ADJUSTMENTS FOR UNREPRESENTED EMPLOYEES
SUMMARY: This resolution memorializes changes in compensation for the Unrepresented employees. A 3.75% cost of living increase for the Unrepresented employees with the exception of the City Manager position is recommended. The resolution also includes the revised Summary of Benefits document, outlining two additional changes: (1) addition of one floating holiday and one day of reflection and (2) elimination of the cash-in-lieu reductions that were effective in January 2023.

FISCAL IMPACT: The annual cost is estimated at $272,000.00 and there is a $14,000.00 adjustment to the adopted FY 2024-25 budget due to savings.

ATTACHMENTS: Resolution and Exhibit A Summary of Benefits PREPARED BY: Mandy Brown, Assistant City Manager
RECOMMENDATION: Adopt the resolution authorizing compensation and benefits adjustments for Unrepresented employees.
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RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING COMPENSATION AND BENEFITS ADJUSTMENTS FOR

UNREPRESENTED EMPLOYEES
WHEREAS, the Town of Hillsborough (“Town”) has determined that competitiveness in compensation for employee positions is an important factor in employee retention; and
WHEREAS, the Town has determined that benefit modifications (“Exhibit A”) and cost of living adjustments for Unrepresented employees are appropriate.

Salaries for all Unrepresented employees shall be increased by 3.75% One additional floating holiday and one day of reflection Modifications to the cash-in-lieu benefit
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 10th day of February 2025, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
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Page 1 of 14 ends

Town of Hillsborough
Summary of Benefits
Unrepresented Employees
Table of Contents

1. Organization

2. Salary

3. Term

4. Retirement

5. Health Benefits
Medical
Dental
Vision

6. Employee Wellness
Employee Assistance Plan (EAP)
Wellness Program

7. Income Protection
Life and Accidental Death and
Dismemberment (AD&D)
Long-Term Disability (LTD)
AFLAC (additional life insurance
coverage)

8. Savings Plans and Other Tax Deferment
Programs
Deferred Compensation Plans
401(a) Plan
Flexible Benefit Plan (Section 125 –
Cafeteria Plan)
Retirement Health Savings Account

9. Paid Time Off and Other Leaves
Vacation Leave
Sick Leave
Administrative Leave
Holidays
Death/Bereavement or Critical Illness
Leave
Family and Medical Leave (FML)
Jury Duty
Leave Payout
Unused Sick Leave Upon Retirement
Sick Leave Incentive Plan

10. Miscellaneous
Rental Assistance Program
Clothing or Uniform Allowance
Tuition/Educational Expense
Reimbursement
Special Pays
Educational Incentive
Car Allowance
Computer and Internet Connection
Allowance
Cell Phone Reimbursement
This brochure has been developed to assist employees with understanding the Town and its organization and the benefits it offers to its employees. If the information in this document differs from that in one of the Town’s Labor Agreements, the language in the MOU shall prevail.

If you or your spouse/domestic partner should have any questions concerning your benefits, contact Human Resources at (650) 375-7502 or [email protected]. -103-

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A Brief Introduction

1. Organization
There are 4 groups of unrepresented employees:

Types Positions
Professional Assistant Engineer GIS Coordinator
Assistant Planner GIS Technician
Management Assistant
MidManagersAccountant
Administrative Services Manager
Associate Engineer Management Analyst I/II
Associate Planner Police Lieutenant
Budget Analyst Senior Accountant
Building Official Senior Civil Engineer
City Clerk Senior Management Analyst
Communications Manager
Deputy City Clerk Senior Planner
Support Services Manager
Deputy
Department
Heads
Assistant Director of Finance Planning Manager
Chief Building Official Police Captain
City Engineer Public Works Superintendent
Deputy Director Public Works Assistant Director Building & Planning
Executive City Manager Director of Building & Planning
Assistant City Manager Director of Finance
Chief of Police Director of Public Works
All Unrepresented employees are considered At-Will employees.

Benefits
The Town of Hillsborough is pleased to offer a wide range of benefit programs to its employees. The benefit package offered by the Town is both comprehensive and competitive. This summary provides an overview of the available benefits.

Eligible employees hold full-time and part-time budget-allocated positions.

2. Salary
Salary ranges for positions in this group will be increased as follows:

First full pay period in January 2025 3.75%

3. Term
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This summary is effective beginning January 13, 2025. and extends through December 31, 2026.

4. Retirement
The Town provides eligible employees with retirement benefits through the California Public Employees Retirement System (CalPERS), which is the largest retirement system in California and one of the largest in the nation.

Employees hired prior to 6/30/12:
• 3% @ 60 for miscellaneous (Unrepresented, Public Works-Clerical, Public Works Supervisor groups & non-sworn Police)
• 3% @ 50 for sworn public safety - Police Department
• Single highest year formula for all labor groups
Miscellaneous employees hired after 7/1/12 who are Classic PERS members:
• 2% @ 60 for miscellaneous (Unrepresented, Public Works-Clerical, Public Works Supervisor groups & non-sworn Police)
• 3-year final average for compensation
Employees hired after 1/1/2013 who are New PERS members:
• 2% @ 62 for miscellaneous (Unrepresented, Public Works-Clerical, Public Works Supervisor groups & non-sworn Police)
• 2.7% @ 57 for sworn public safety – Police Department • 3-year final average for compensation
Who Pays for the Benefit?
Retirement benefits are paid for by both the employee and the Town. The Town contributes an amount each month on behalf of the employee. The Town’s contribution is computed as a percentage of the employee’s annual salary and is actuarially determined by CalPERS. The Town’s contribution rates vary from year to year.

Classic employees contribute the following, on a pre-tax basis:

Miscellaneous – 9% for those hired prior to July 1, 2012 Miscellaneous – 7% for those hired after July 2, 2012
Public Safety – 10%
Employees hired after 1/1/2013 who are considered New PERS members will pay 50% of the total normal cost, as defined by PERS.

The amount deducted from your paycheck, called the “member’s contribution”, together with any interest earned is your asset which will be part of your estate if you die before you retire. The amount of your contributions and the interest earned is shown on your CalPERS Annual Member Statement normally distributed by CalPERS in October of each year. This statement does not show the portion paid by the Town on your behalf.

What is the Retirement Benefit?
The CalPERS retirement system is a “defined benefit” pension plan which provides benefits based on members’ years of service, age, final compensation and benefit formula. This means you will receive a retirement paycheck regardless of the amount you actually contributed to the retirement system. In contrast, a “defined contribution” plan such as a 457 deferred compensation plan only provides benefits to the extent of your cash contributions.

Eligibility to Retire
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Any PERS member hired prior to 1/1/13 who attains age 50 and has 5 years of service credit can receive a retirement income. Employees hired after 1/1/13 with 5 years of service credit can receive retirement income at the following ages:
• Miscellaneous 52
• Safety 50
Estimating your Benefit
There are three factors that determine your retirement benefit: years of service with the CalPERS retirement system, your age at time of retirement and your retirement formula.

A summary of the retirement benefits together with the applicable formulas is presented in the following CalPERS publications. You can roughly estimate your benefit by reviewing:

Local Miscellaneous Retirement Benefits
Local Safety Retirement Benefits
or by using the retirement calculator on the PERS website.

Application for Retirement
Employees should apply for retirement at least 90 days prior to retirement date. A Guide to Completing your CalPERS Service Retirement Election provides information and the various application forms.

Contractual PERS Benefit Options:

Sick Leave Credit
At retirement, any unused sick leave you have will be converted to additional service credit (the additional service will not change your date of separation from employment). You will receive credit for each day of unused sick leave certified by your employer. It takes 2000 hours of sick leave to receive one year of service credit. This additional service credit will give you a higher retirement benefit.

To receive sick leave credit, your retirement date must be within 120 days of the date of separation from the Town.

Service Credit for Military Service
Employees who have served in the armed forces can purchase additional service credit. You must contact PERS to request this benefit. An estimator for cost is available on the PERS website.

Service Credit for Previous Service
Employees who previously worked for a PERS agency may be able to purchase additional service credit.

Please contact PERS for details.

Social Security
Miscellaneous employees (Unrepresented, Public Works-Clerical, Public Works Supervisors, and non-sworn Police) participate in Social Security. Contributions are deducted from your paycheck. Sworn Public Safety do not contribute to Social Security.

More information about CalPERS programs is available at www.calpers.ca.gov. -106-

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5. Health Benefits
Medical Insurance
The Town contracts with CalPERS (under the Public Employees’ Medical and Hospital Care Act – PEMHCA) for medical insurance coverage.

Depending on where you live or work, your health plan options include three types of health plans:

Preferred Provider Organizations (PPOs)
 PERS Gold
 PERS Platinum
 PORAC
Health Maintenance Organizations (HMOs)
 Anthem HMO Select and Anthem HMO Traditional
 Blue Shield Access + HMO and Blue Shield Trio
 Health Net SmartCare
 Kaiser
 United Healthcare
 Western Health Advantage
The Town’s contribution toward the employee’s medical coverage shall be determined by the coverage level the employee selects. Premiums that exceed the monthly maximum amounts, and in some cases annual increases require an employee contribution (see MOU for specifics). The Town’s contribution shall be as follows:

Employee only Shall not exceed the Blue Shield Access + employee only rate Employee + 1 Shall not exceed the Blue Shield Access + employee + 1 rate Employee + 2 Shall not exceed the Blue Shield Access + employee + 2 rate Rates as of January 2025
Plan Name Employee only Employee +1 Employee +2 Employee contribution
Anthem Select HMO $1,256.65 $2,513.30 $3,267.29
Anthem Traditional HMO $1,500.40 $3,000.80 $3,901.04
Blue Shield Access + $1,170.17 $2,340.34 $3,042.44
Blue Shield Trio $1,134.79 $2,269.58 $2,950.45
Kaiser $1,112.90 $2,225.80 $2,893.54
PERS Gold $1,013.70 $2,027.40 $2,635.62
PERS Platinum $1,476.10 $2,952.20 $3,837.86
PORAC $975.00 $2,218.00 $2,777.00
UnitedHealthCare Alliance $1,184.58 $2,369.16 $3,079.91 United HealthCare Harmony $1,005.02 $2,010.04 $2,613.05 Western Health Adv. $914.27 $1,828.54 $2,377.10
For more information, refer to the following CalPERS publications:

Health Program Handbook – Rules & Regulations of the CalPERS Health Program Health Plan Decision Guide – Health Plan Choices and Premium Rates for Current Calendar Year.

Eligibility
Employees can enroll themselves and their immediate family members, dependents, and registered domestic partners. PERS Health does not allow the enrollment of unregistered domestic partners. No one can be refused enrollment because of pre-existing conditions.

Employees can elect cash in lieu of health coverage with proof of other health insurance coverage. -107-

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For these employees enrolling in cash in lieu after February 1, 2026, reimbursement amount is $300 per month. Employees who were in the cash in lieu program prior to February1, 2026 that left the program and want to re-enroll after February 1, 2026 will be eligible for $300 per month.

Beginning January 1, 2026, for employees that were enrolled in the cash in lieu program reimbursements will be:

Employee $384.13/month
Employee + 1 $768.25/month
Employee + 2 or more $998.73/month
Coverage
Coverage becomes effective on the first day of the month following appointment.

To enroll, elect cash in lieu of coverage or to add or delete dependents, please complete the PERS HBD 12 form and submit to Human Resources.

If you want to change plans, you must do so during the next open enrollment period – normally held annually each Fall. Open enrollment changes take effect the following January 1.

For other details, please refer to CalPERS at www.calpers.ca.gov.

Dental Insurance
The Town offers dental reimbursement as follows:

Unrepresented –
Self-funded dental and orthodontia plans with maximum benefits of $2,500 per person per year.

Plan Year is January 1 – December 31. For details, review the Summary Plan Description - Unrepresented.

Eligibility
Eligibility starts on the first day of the month following the conclusion of a 30-day waiting period.

Vision Insurance
The Town offers vision reimbursement as follows:

Unrepresented
Self-funded vision plan with maximum benefits of $350 per person per year. Plan Year is January 1 – December 31. For details, review Summary Plan Description - Unrepresented.

Eligibility
Eligibility starts on the first day of the month following conclusion of a 30-day waiting period. -108-

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6. Employee Wellness
Employee Assistance Plan (EAP)
The EAP is a benefit designed to provide help with personal and professional stress that affects everyone at one time or another. It is a simple way of obtaining professional help to reduce the impact of problems on your life and your job.

The free and confidential services include professional assessment, referral and counseling.

EAP services are available to all employees, their spouses, domestic partners or dependent children.

All services are strictly confidential and voluntary and no information regarding your use of the program will be disclosed to the Town without your authorization.

EAP services are provided by Concern. To use the service 24 hours a day, 7 days a week, call (800) 344- 4222.

Some of the services include:

Counseling for anxiety and stress, drug and alcohol dependency, job burnout, marital and teenager problems
Legal advice
Financial planning/counseling
Departmental Management advice
Referrals for childcare and eldercare
For details, pick up a pamphlet at Town Hall.

Wellness Program
Eligible employees can receive reimbursement for approved wellness programs and activities.

Executive $1000/year
All other Unrepresented $600/year
Unrepresented:
• Gym fees
• Nutritional Counseling
• Smoking Cessation Program
• Chiropractic services
• Acupuncture services
• Weight Loss Program
• Parks and Recreation sponsored fitness programs from other municipalities that are preapproved by Human Resources
• Equipment (home gym equipment: Bowflex, Peloton, etc.; equipment for various classes: yoga mat, boxing gloves, etc.). No clothing is eligible for reimbursement.

Complete the Wellness Reimbursement Form.

7. Income Protection
Life and Accidental Death and Dismemberment Insurance (AD&D) A Life Insurance and AD&D group policy is provided to eligible employees in the various labor groups as follows:
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Unrepresented –
 City Manager 2 times earnings, capped at $450,000
 Other Executive 150% of annual salary
 Deputy Department Heads 100% of annual salary
 Mid-Managers/Professionals $100,000
The policy is administered by the Standard.

Coverage
Coverage starts on the first day of the month following hire date.

To designate or update beneficiaries, contact the Human Resources Department (x7502).

Long Term Disability Insurance (LTD)
The Town pays premiums for Long Term Disability insurance for the following groups that provides 66 2/3% of salary up to a maximum of $6,000 per month and begins 180 calendar days after the first day of disability.

The Standard administrators this benefit.

Voluntary Supplemental Insurance
Employees can obtain supplemental insurance at the employee’s expense through Aflac. Payments of premiums can be made through salary deductions. Pick up an Aflac Supplemental Insurance brochure from Town Hall for more information and call Joshua Baltor at (415) 968-5838 x101 to sign up with Aflac.

8. Savings Plans and other tax deferment programs
Optional Deferred Compensation Plans
The Town offers a voluntary employee-paid tax-qualified retirement investment plan under IRS Section 457 (deferred compensation plan). This plan allows you to save toward your retirement on a pre-tax basis, effectively lowering your current taxable income.

In the Mission Square plan, there are two deferment options:
• Before tax deferrals
• After tax (Roth) deferrals
Mission Square also has a self-brokerage account, where the employee can direct the purchase and sales of individual stocks and equities.

Additionally, Valic and Mission Square allow the following catch-up provisions:

Normal Catch-Up Provision allows participants to make up for eligible contributions not deferred in prior years, permitting contributions up to double the normal maximum in effect for the year in the three years prior to retirement.

Age 50 Catch-Up Provision allows participants reaching age 50 or older during the year to contribute an additional amount annually.

Super Catch-Up Contribution – as per a change via SECURE 2.0, a higher catch-up contribution limit applies for employees aged 60, 61, 62, and 63.

The chart below explains the qualified contributions to the plan:

Year Maximum Annual
Contribution
Age-50 Catchup Age 60-63
Catchup Total
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2022 $20,500 $6,500 N/A $27,000
2023 $22,500 $7,500 N/A $30,000
2024 $23,000 $7,500 N/A $30,500
2025 $23,500 $7,500 $11,250 $31,000
The Town has two 457 plan administrators and appointments to meet with the representatives can be arranged directly by employees:

Mission Square –at (866) 620-6064
Additional information is available at their website at www.missionsq.org.

VALIC – at (800) 892-5558 X 89165.

Additional information is available at their website at www.valic.com Participation is optional. Employees can enroll and adjust contribution amounts at any time. Employees can make contributions to only one 457 plan at a time. You can choose the manner in which your savings are invested. Investment vehicles can be changed at any time. 401(a) Plan
Town contributes to a 401(a) plan for certain Unrepresented employees as follows:

City Manager 4% of salary
Executive 2% of salary
Deputy Department Heads $600 per year
The compensation limit that can be taken into account for 2023 is $330,000.

Optional Flexible Benefit Plan (Section 125 – Cafeteria Plan) This optional program allows employees to use pre-tax income for the following:

Dependent Care expenses up to $5,000 per year
Unreimbursed Medical Expenses up to $3,300 per year (2025) Medical Premiums
The Town’s Section 125 Plan Administrator is Navia. To enroll, contact Human Resources.

Retirement Health Savings Account
The Town provides a monthly contribution to a Retirement Health Savings account to those employees hired after Jan 1,2002. The contribution vests over 5 years of service. Upon retirement and reaching age 55, the retired employee can draw upon this account to be reimbursed for eligible medical expenses until all funds are exhausted. The contributions are:

Years of service Town contribution
0 – 60 months 2.0% of base salary
61 – 240 months 3.0% of base salary
241 months + 4.0% of base salary

9. Paid Time Off and other leaves
Vacation Leave
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Years of
Service
Bi-Wkly
Accrual
Days per
Year
> 4 3.08 10
4-9 4.62 15
10 4.92 16
11 5.23 17
12 5.54 18
13 5.85 19
14-15 6.15 20
16 6.46 21
17 6.77 22
18 7.08 23
19 7.38 24
20 7.69 25
Maximum accrual:

City Manager 480 hours
Other Executive 480 hours
Dep Dept Head/Mid-Manager 400 hours
Professional 320 hours

Maximum accrual is two years’ leave or the above maximum, whichever is greater.

Sick Leave
Unrepresented 112 hours or 4.31 hours bi-weekly per year There is no maximum accrual limit for sick leave.

Administrative Leave
Unrepresented employees are eligible for Administrative Leave, as follows:

Max balance
Executive 10 days per year 80 hours
Deputy Dept Heads/ Mid-Managers 5 days per year 40 hours Planning Manager 7.5 days per year 60 hours
At the City Manager’s discretion, up to one additional week of administrative leave can be given to an employee. At the time of separation, employees are not paid for unused administrative leave hours.

Holidays
Date Holiday
January 1 New Year’s
3rd Mon in Jan MLK Day
3rd Mon in Feb President’s Day
Last Mon in May Memorial Day
July 4 Independence Day
1st Mon in Sept Labor Day
November 11 Veteran’s Day
4th Thurs in Nov Thanksgiving Day
4th Friday in Nov Day after Thanksgiving
December 24 Christmas Eve
December 25 Christmas Day
Employee’s Choice 2 Floating Holidays
Day of Reflection 1 Floating Holiday
Death/Bereavement or Critical Illness Leave
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The Town provides with up to five shifts of paid leave for the death or critical illness in the employee’s immediate family or household. This leave is not charged to the employee’s sick, vacation or holiday accruals.

Family Medical Leaves
Town employees are eligible for family and medical leaves as provided in Federal and State laws.

Employees are entitled to twelve (12) weeks of Family Medical Leave (FMLA) and/or California Family Rights (CFRA) leave in a twelve (12) month period providing the employee meets the eligibility requirement of the leave(s).

During the leave, the Town shall continue to provide health benefits. The employees may use sick, vacation and/or holiday accruals while on family leaves to receive pay. The Town is required to reinstate the employee to the same or equivalent position upon the return to work of the employee within the maximum allowable time frame.

Medical reasons could include:

Birth or placement of a child,
To care for a spouse, child, or parent with a serious medical condition or To take medical leave while unable to work due to the employee’s own serious health condition.

See full Family and Medical Leave policy for details.

Pregnancy Leave
California law allows up to a maximum of four (4) months of leave if you become disabled during your pregnancy. This leave will run concurrently when applicable with any other eligible leaves. See full Pregnancy Disability Leave policy for details.

Jury Duty
Employees called to serve on a jury receive their regular salary while serving. Before reporting for jury duty, employees should advise their supervisor.

Unused Sick Leave Upon Retirement
Sick leave is converted to service credit with PERS upon retirement from the Town. To receive sick leave credit, your retirement date must be within 120 days of the date of separation from the Town.

Additionally:

Unrepresented employees hired prior to 3/1/02
After 10 years of continuous service, employees who retire into PERS can choose:
• To be compensated at their regular hourly rate of pay for 25% of their unused sick leave up to 240 hours. The remainder of unused sick leave will be converted into PERS service credit, or • To convert all accrued sick leave to PERS service credit.

Unrepresented employees hired on or after 3/1/02
After 10 years of continuous service, employees who retire into PERS can choose:
• To convert their accrued sick leave, not to exceed a maximum of 240 hours, to their 457 Deferred Compensation account at their regular hourly rate of pay. All remaining time would be converted to PERS service credit, or
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• To convert their accrued sick leave, not to exceed a maximum of 240 hours, to cash compensation at their regular hourly rate of pay. All remaining time would be converted to PERS service credit, or • To convert all accrued sick leave to PERS service credit.

10. Miscellaneous
Rental Assistance Program
Employees are eligible to apply for the Rental Assistance Program: any Town employee who moves into San Mateo County to a rental property (home, apartment or condominium) can apply for a loan of up to $10,000 for the costs associated with the rental amount. This could be used for rent and/or security deposit. The loan is forgiven over three years; if an employee separates from Town employment for any reason prior to the loan being forgiven, the employee will owe the remaining balance of the loan plus interest.

For more information, please contact Human Resources.

Uniform Allowance
The Town provides the following uniform allowances:

Police Chief: $1000 per year, paid bi-weekly
Police Captain: $1000 per year, paid bi-weekly
Police Lieutenant: $1000 per year, paid bi-weekly
Tuition/Educational Expense Reimbursement
Employees can be reimbursed up to $15,000 for participating in educational programs leading to a college degree. The City Manager must pre-approve any program. The reimbursement is provided in the form of a loan that is forgiven at a rate of $2,000 per calendar year. Eligible expenses include registration, tuition fees and books.

Reimbursements are made on the following basis:

Grade % Reimbursed
A 100%
B 80%
C 50%
Special Pay must be pre-approved by Department Head
10% special pay for Information Technology duties and function. 5% to Assistant Engineer with registration as a Professional Engineer in the state of California Car Allowance
Due to the nature of the positions and in lieu of a pool vehicle, certain management positions are provided car allowances. The City Manager has the authority to make cost of living adjustments. Current position listing and allowances as of January 1, 2023 are as follows:
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Position Bi-weekly
Allow
City Manager $158.61
Asst City Manager $158.61
Director of Finance $158.61
Asst Director of Finance $158.61
Director of Public Works $192.47
Deputy Director Public
Works
$158.61
City Engineer $158.61
Chief Building Official $158.61
Director of Planning &
Building
$158.61
Asst Director of
Building/Planning
$158.61
Computer and Internet Connection Allowance
The Town has determined that providing equipment to Executive employees for access to communication, files, programs and projects located on office workstations is advantageous to the Town. The Town provides these employees with a remote connection to Town servers, enabling access to communication networks and office files.

Employees are eligible to receive up to $1,500 initially and bi-annually thereafter, and a monthly internet allowance up to $50. Details of the program are outlined in Policy No. 112. Above reimbursements can be made by completing a Personnel Action Form (PAF).

Cell Phone Reimbursements
Town provides mobile phone allowances to certain positions, in lieu of carrying a Town-provided phone.

Current allowances are as follows:

Group A Group B
City Manager
Assistant City Manager
Department Heads Communications Manager
Administrative Services Manager
Deputy Director Public Works Assistant Director of Finance PW Superintendent Assistant Director of Building & Planning Assistant PW Superintendent Budget Analyst
City Engineer Accountant
PW Supervisors Senior Accountant
PW Inspector City Clerk
Chief Building Official Deputy City Clerk
Senior Management Analyst
Management Analyst
Management Assistant
Building Official
Building Inspectors
Planning Manager
Senior Planner
Associate Planner
Assistant Planner
Senior Civil Engineer
Associate Civil Engineer
Assistant Engineer
GIS Technician
Support Services Manager
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Page 14 of 14 ends

Employees may be reimbursed up to $100 every two years for new phone equipment. Complete a Personnel Action Form (PAF) to award or change the cell phone allowance. Details of the policy are outlined in Policy No. 114.
-116-

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

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ADOPTING THE 2025 SALARY SCHEDULE FOR THE TOWN

OF HILLSBOROUGH
SUMMARY: This resolution memorializes changes to the salary schedule due to contractual obligations and cost of living increases approved by the City Council. California Public Employees Retirement System requires the pay schedule be adopted at a public meeting of the governing body.

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

ATTACHMENTS: Resolution and Exhibit A Salary Schedule
PREPARED BY: Mandy Brown, Assistant City Manager
RECOMMENDATION: Adopt the resolution adopting the 2025 Salary Schedule for the Town of Hillsborough.
-117-
RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

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

NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough adopts the Salary Schedule with changes for the positions noted effective the first pay period of January 2025.

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 10th day of January 2025, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
-118-
Town of Hillsborough - Full-Time Salary Schedule FY 2024-25 Resolution 25-06City Manager: N/AUnrepresented: 3.75% COLA effective 01/10/2025 Public Works & Clerical (PW&C): 3.75% COLA effective 01/10/2025Public Works Supervisors: 3.75% COLA effective 01/10/2025Police Officers Association (POA): 2.9% COLA effective 01/10/2025Unrepresented: 3.75% COLA effective 01/10/2025 Resolution 25-
Unrepresented Job Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Accountant Non-Exempt 4,219.44 4,430.25 4,651.87 4,884.30 5,128.62 9,141.57 9,598.86 10,078.86 10,582.64 11,112.37 109,702.09 115,187.46 120,947.43 126,993.88 133,344.11 Administrative Services Manager Exempt 5,771.61 6,362.99 6,681.50 7,014.54 12,504.99 6,060.04 13,129.56 13,786.30 14,476.24 15,199.38 150,054.66 157,557.86 165,435.60 173,706.55 182,392.50 Assistant City Manager Exempt 8,125.36 8,958.87 9,406.43 9,877.78 17,605.31 8,531.84 18,485.30 19,410.70 20,380.43 21,400.96 211,259.35 221,827.94 232,930.58 244,567.27 256,809.37 Assistant Director of Building & Planning Exempt 6,806.45 7,504.82 7,879.96 8,273.47 14,746.94 7,146.99 15,485.32 16,260.45 17,073.42 17,926.39 176,967.65 185,821.66 195,125.39 204,878.85 215,110.14 Assistant Director of Finance Exempt 5,838.89 6,437.80 6,759.96 7,098.34 12,650.74 6,130.78 13,283.17 13,949.11 14,646.40 15,379.37 151,811.04 159,400.18 167,382.84 175,759.01 184,556.80 Assistant Engineer I Non-Exempt 3,869.17 4,265.92 4,478.89 4,702.68 8,383.74 8,802.11 9,243.19 9,704.81 10,189.13 4,062.68 100,598.35 105,629.68 110,913.97 116,451.24 122,269.58 Assistant Engineer II Non-Exempt 4,265.92 4,702.68 4,938.35 4,478.89 5,184.84 9,243.19 9,704.81 10,189.13 10,699.40 11,234.37 110,913.97 116,451.24 122,269.58 128,397.12 134,805.73 Assistant Planner Non-Exempt 3,967.55 4,374.03 4,592.41 4,822.68 8,596.71 9,024.81 9,476.70 9,950.21 10,448.59 4,165.38 103,156.18 108,299.93 113,724.77 119,402.57 125,386.32 Associate Engineer Exempt 5,043.21 5,559.97 5,837.81 6,129.70 10,927.51 5,295.11 11,472.37 12,046.42 12,648.58 13,281.01 131,123.59 137,672.74 144,559.19 151,782.93 159,372.08 Associate Planner Exempt 4,562.14 5,030.24 5,282.13 5,545.91 9,884.27 10,379.40 4,790.24 10,899.40 11,444.26 12,016.15 118,615.55 124,546.33 130,786.29 137,335.44 144,193.78 Budget Analyst Exempt 4,641.05 5,116.73 5,372.94 5,641.05 10,056.16 4,873.49 10,558.86 11,086.42 11,641.02 12,222.63 120,667.43 126,710.64 133,034.93 139,696.51 146,667.28 Building Official Exempt 5,768.62 6,359.96 6,677.80 7,011.85 12,498.31 6,057.26 13,124.25 13,780.46 14,469.11 15,192.35 149,984.02 157,488.84 165,359.07 173,622.81 182,308.16 Chief Building Official Exempt 6,345.91 6,995.64 7,345.90 7,713.47 13,749.11 6,662.67 14,435.59 15,157.75 15,916.67 16,711.26 164,993.67 173,229.30 181,886.54 190,993.52 200,539.41 Chief of Police Exempt 8,730.76 9,625.89 10,106.97 9,167.52 10,611.83 18,916.65 19,862.59 20,856.10 21,898.26 22,992.30 226,999.80 238,355.42 250,273.19 262,781.22 275,907.64 City Clerk Exempt 5,218.35 5,752.40 6,039.97 6,341.59 11,306.96 5,478.89 11,871.28 12,463.71 13,086.41 13,740.46 135,677.07 142,451.09 149,562.40 157,039.12 164,881.23 City Manager ExemptCommunications Manager Exempt 5,328.62 5,874.56 6,168.61 6,476.72 11,545.88 5,594.56 12,122.09 12,728.58 13,365.33 14,033.43 138,544.09 145,458.64 152,738.60 160,383.96 168,394.73 Deputy City Clerk Exempt 4,069.08 4,486.15 4,710.25 4,945.76 8,815.64 9,256.58 9,719.30 10,204.85 4,272.43 10,715.30 105,795.95 111,083.05 116,639.90 122,466.50 128,589.83 Deputy Director of Public Works Exempt 6,305.91 6,952.39 7,300.50 7,665.90 13,662.63 6,621.58 14,346.95 15,063.70 15,818.29 16,609.64 163,953.67 172,161.19 180,762.23 189,812.99 199,313.47 Director of Building and Planning Exempt 8,095.09 8,924.27 9,370.76 9,838.86 17,539.36 8,499.41 18,415.03 19,336.11 20,303.67 21,317.72 210,472.33 220,984.70 232,031.13 243,639.71 255,810.45 Director of Finance Exempt 8,095.09 8,924.27 9,370.76 9,838.86 17,539.36 8,499.41 18,415.03 19,336.11 20,303.67 21,317.72 210,472.33 220,984.70 232,031.13 243,639.71 255,810.45 Director of Public Works - City Engineer Exempt 8,650.76 9,537.24 10,014.00 9,083.19 10,514.54 18,743.68 19,679.89 20,663.67 21,697.18 22,781.49 224,919.82 236,163.00 247,968.33 260,363.94 273,377.92 GIS Coordinator Non-Exempt 4,391.33 4,841.05 5,083.21 5,337.27 9,513.46 9,989.13 10,488.59 4,610.78 11,012.91 11,564.26 114,165.84 119,873.92 125,867.40 132,161.42 138,768.95 GIS Technician Non-Exempt 3,991.33 4,401.06 4,620.51 4,851.86 8,648.60 9,081.03 9,535.08 10,011.84 4,191.33 10,512.37 103,786.44 108,976.68 114,425.30 120,146.35 126,153.88 HR Manager Exempt 5,545.91 6,113.48 6,419.42 6,740.50 12,016.15 5,822.67 12,616.15 13,246.41 13,909.11 14,604.24 144,193.78 151,389.42 158,950.46 166,905.01 175,253.07 Management Analyst I Exempt 4,069.17 4,486.46 4,711.32 4,945.92 8,816.17 9,257.25 9,721.03 10,207.51 4,272.41 10,717.78 105,798.32 111,082.62 116,647.99 122,494.45 128,606.84 Management Analyst II Exempt 4,476.73 4,935.11 4,700.51 5,181.59 5,441.05 9,699.59 10,185.14 10,692.48 11,226.79 11,789.11 116,395.02 122,213.37 128,312.79 134,721.40 141,467.31 Management Assistant Non-Exempt 3,698.36 4,077.81 4,282.14 4,496.19 8,012.93 8,414.01 8,835.63 9,277.79 9,741.57 96,157.30 100,963.76 3,883.22 106,023.19 111,335.59 116,900.96 Planning Manager Exempt 6,172.94 6,806.45 7,146.99 7,504.82 13,375.06 6,482.13 14,044.25 14,746.94 15,485.32 16,260.45 160,496.39 168,535.27 176,967.65 185,821.66 195,125.39 Police Captain Exempt 7,661.58 8,446.44 8,869.14 9,312.38 16,599.91 8,044.28 17,429.09 18,300.44 19,216.11 20,177.18 199,201.04 209,151.26 219,607.41 230,597.62 242,121.88 Police Lieutenant Exempt 6,519.96 7,189.15 7,549.15 7,926.44 14,126.41 6,846.45 14,834.51 15,576.13 16,356.66 17,173.96 169,519.05 178,007.65 186,917.87 196,277.81 206,087.49 Public Works Superintendent Exempt 6,401.05 7,057.26 7,409.69 7,780.50 13,869.11 6,721.04 14,562.08 15,290.72 16,053.96 16,858.28 166,427.17 174,747.13 183,488.70 192,651.89 202,292.92 Senior Accountant Exempt 4,641.05 5,116.73 5,372.94 5,641.05 10,056.16 4,873.49 10,558.86 11,086.42 11,641.02 120,667.43 12,222.63 126,710.64 133,034.93 139,696.51 146,667.28 Senior Civil Engineer Exempt 5,798.89 6,393.48 6,713.48 7,048.61 12,564.25 6,088.61 13,192.36 13,852.90 14,545.86 15,272.35 150,771.04 158,303.97 166,230.42 174,550.37 183,263.83 Senior Management Analyst Exempt 5,148.08 5,675.64 5,958.89 6,257.26 11,154.53 5,405.38 11,711.29 12,297.23 12,911.28 13,557.76 133,850.06 140,539.75 147,566.74 154,931.02 162,687.73 Senior Planner Exempt 5,246.46 5,784.83 6,074.56 6,378.34 11,367.50 5,509.16 11,936.15 12,533.98 13,162.09 13,818.30 136,407.88 143,238.11 150,405.64 157,938.57 165,822.85 Support Services Manager Exempt 5,148.08 5,675.64 5,958.89 6,257.26 11,154.53 5,405.38 11,711.29 12,297.23 12,911.28 13,557.76 133,850.06 140,539.75 147,566.74 154,931.02 162,687.73 Biweekly Monthly Annual
12,743.61 27,610.99 331,333.93
-119-

EXHIBIT A
Public Works & Clerical (PW&C): 3.75% COLA effective 01/10/2025 Resolution 25-03
PW&C Job Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Accounting Technician Non-Exempt 3,337.94 3,504.78 3,680.23 3,864.30 4,056.98 7,232.37 7,594.05 7,974.02 8,372.29 8,789.93 86,786.33 91,124.25 95,686.06 100,471.76 105,481.35 Administrative Assistant Non-Exempt 2,979.49 3,128.04 3,284.12 3,448.81 3,621.03 6,455.21 6,777.05 7,116.12 7,472.41 7,845.93 77,466.81 81,328.95 85,387.00 89,668.95 94,146.80 Building and Planning Technician I Non-Exempt 2,979.49 3,128.04 3,284.12 3,448.81 3,622.11 6,455.21 6,777.05 7,116.12 7,472.41 7,847.00 77,466.81 81,328.95 85,387.00 89,668.95 94,161.87 Building and Planning Technician II Non-Exempt 3,277.66 3,441.27 3,613.50 3,794.33 3,983.78 7,102.13 7,456.27 7,829.78 8,221.59 8,631.70 85,219.08 89,473.04 93,950.89 98,652.63 103,578.27 Building Inspector I Non-Exempt 3,799.71 3,980.55 4,179.69 4,388.51 4,608.10 8,232.36 8,624.17 9,055.81 9,508.97 9,984.74 98,792.57 103,494.31 108,671.82 114,101.22 119,810.47 Building Inspector II Non-Exempt 4,179.69 4,388.51 4,608.10 4,838.45 5,080.64 9,055.81 9,508.97 9,984.74 10,483.12 11,008.41 108,671.82 114,101.22 119,810.47 125,799.60 132,096.58 Lead Facilities Worker Non-Exempt 3,688.84 3,872.91 4,066.66 4,270.10 4,483.23 7,992.32 8,391.66 8,811.46 9,251.71 9,713.49 95,909.95 100,695.65 105,733.23 111,022.69 116,564.03 Lead Maintenance Worker Non-Exempt 3,513.39 3,688.84 3,872.91 4,066.66 4,270.10 7,612.35 7,992.32 8,391.66 8,811.46 9,251.71 91,348.14 95,909.95 100,695.65 105,733.23 111,022.69 Maintenance Worker I Non-Exempt 2,707.16 2,836.33 2,978.42 3,126.96 3,283.04 5,865.34 6,145.20 6,453.06 6,774.90 7,112.89 70,386.20 73,744.59 77,438.82 81,300.96 85,359.02 Maintenance Worker II Non-Exempt 2,978.42 3,126.96 3,283.04 3,446.65 3,618.88 6,453.06 6,774.90 7,112.89 7,468.11 7,840.54 77,438.82 81,300.96 85,359.02 89,612.97 94,090.82 Office Assistant Non-Exempt 2,728.69 2,865.39 3,008.56 3,159.25 3,317.48 5,912.70 6,208.71 6,518.72 6,844.87 7,188.24 70,945.94 74,500.23 78,222.44 82,140.56 86,254.59 Public Works Inspector I Non-Exempt 3,513.39 3,688.84 3,872.91 4,066.66 4,270.10 7,612.35 7,992.32 8,391.66 8,811.46 9,251.71 91,348.14 95,909.95 100,695.65 105,733.23 111,022.69 Public Works Inspector II Non-Exempt 3,864.30 4,058.05 4,260.42 4,473.54 4,697.44 8,372.29 8,792.09 9,231.26 9,693.04 10,177.42 100,471.76 105,509.34 110,770.81 116,312.15 122,124.75 Public Works Inspector III Non-Exempt 4,260.42 4,472.66 4,696.76 4,931.24 5,178.16 9,229.60 9,690.25 10,175.80 10,684.18 11,218.49 110,759.35 116,289.23 122,115.83 128,212.18 134,632.23 Senior Accounting Technician Non-Exempt 3,670.55 3,854.61 4,047.29 4,249.65 4,462.78 7,952.49 8,351.84 8,769.48 9,207.58 9,669.36 95,434.18 100,219.88 105,229.48 110,490.95 116,029.06 Senior Building and Planning Technician Non-Exempt 3,768.50 3,956.87 4,154.93 4,362.67 4,581.19 8,165.62 8,573.58 9,001.99 9,453.00 9,926.62 97,980.96 102,878.60 108,028.13 113,429.54 119,115.12 Senior Building Inspector/Plan Checker Non-Exempt 4,714.66 4,950.39 5,197.97 5,457.38 5,729.71 10,215.10 10,726.39 11,262.44 11,824.32 12,414.19 122,581.14 128,710.20 135,147.11 141,891.87 148,972.47 Public Works Supervisors: 3.75% COLA effective 01/10/2025 Resolution 25-04
PW Supervisors Job Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Public Works Assistant Superintendent Exempt 5,090.65 5,345.56 5,612.46 5,893.52 6,188.74 11,029.92 11,582.24 12,160.69 12,769.65 13,409.12 132,356.88 138,984.64 145,923.96 153,231.49 160,907.22 Public Works Supervisor Exempt 4,615.68 4,846.63 5,088.47 5,343.38 5,610.28 10,000.46 10,501.58 11,025.56 11,577.88 12,155.25 120,007.73 126,012.36 132,300.24 138,927.99 145,867.31 Police Officers Association (POA): 2.9% COLA effective 01/10/2025 Resolution 25-
POA Job Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Code Enforcement Officer I Non-Exempt 3,604.80 3,784.93 3,973.64 4,172.00 4,381.08 7,810.04 8,200.32 8,609.91 9,039.87 9,492.35 93,724.72 98,408.17 103,314.64 108,472.01 113,908.15 Code Enforcement Officer II Non-Exempt 3,973.64 4,172.00 4,381.08 4,599.82 4,830.34 8,609.91 9,039.87 9,492.35 9,966.27 10,465.92 103,314.64 108,472.01 113,908.15 119,595.20 125,588.89 Communications Officer I Non-Exempt 3,541.54 3,709.87 3,895.37 4,090.51 4,295.31 7,673.86 8,038.42 8,440.50 8,862.95 9,306.85 92,079.94 96,456.73 101,279.57 106,353.30 111,677.94 Communications Officer II Non-Exempt 3,895.37 4,090.51 4,295.31 4,509.75 4,734.91 8,440.50 8,862.95 9,306.85 9,771.12 10,258.98 101,279.57 106,353.30 111,677.94 117,253.47 123,107.78 Community Service Officer Non-Exempt 2,884.27 3,027.94 3,179.13 3,337.81 3,505.08 6,248.89 6,560.90 6,887.93 7,232.11 7,594.52 74,990.93 78,726.53 82,657.29 86,783.18 91,132.10 Lead Communications Officer Non-Exempt 3,484.61 3,658.62 3,841.18 4,033.35 4,235.12 7,549.98 7,926.84 8,322.91 8,739.27 9,175.91 90,599.75 95,124.18 99,870.68 104,866.98 110,113.11 Police Corporal Non-Exempt 4,900.04 5,144.50 5,401.83 5,672.03 5,956.17 10,617.10 11,146.78 11,704.33 12,289.76 12,905.22 127,400.94 133,757.05 140,447.69 147,472.86 154,860.45 Police Officer Non-Exempt 4,638.42 4,870.01 5,113.41 5,368.60 5,636.65 10,049.90 10,551.70 11,079.23 11,632.49 12,212.56 120,598.79 126,620.37 132,948.60 139,583.48 146,552.90 Police Officer Trainee Non-ExemptPolice Sergeant Non-Exempt 5,652.73 5,935.80 6,232.80 6,544.82 6,871.85 12,247.95 12,861.25 13,504.59 14,180.08 14,888.82 146,971.07 154,330.77 162,052.88 170,165.29 178,667.97 Property Officer Non-Exempt 3,172.69 3,331.38 3,497.58 3,672.35 3,855.70 6,873.99 7,218.17 7,578.44 7,956.93 8,353.65 82,490.02 86,615.91 90,936.95 95,481.01 100,244.88 Records Clerk II Non-Exempt 3,457.90 3,630.53 3,811.73 4,002.59 4,203.09 7,492.66 7,865.79 8,259.30 8,672.10 9,106.35 89,905.48 94,393.78 99,105.11 104,067.33 109,280.46 Records Supervisor Non-Exempt 3,804.23 3,994.01 4,193.44 4,403.60 4,623.40 8,242.14 8,653.87 9,085.98 9,541.67 10,017.73 98,909.97 103,844.31 109,029.56 114,493.58 120,208.50 Minimum Wage Increase: $16.50 effective 01/01/2025
Part-Time Classifications Title FLSA Status Employment Status Rate Type Min Max Laborer - Temporary Non-Exempt Part-Time Hourly 30.00 40.00 Intern I - Temporary Non-Exempt Part-Time Hourly 20.00 30.00 Intern II - Temporary Non-Exempt Part-Time Hourly 25.00 35.00 Intern III - Temporary Non-Exempt Part-Time Hourly 30.00 40.00 Clerical - Temporary Non-Exempt Part-Time Hourly 16.50 35.00 Technician - Temporary Non-Exempt Part-Time Hourly 30.00 40.00 Communications Officer - Temporary Non-Exempt Part-Time Hourly Building Attendant Non-Exempt Part-Time Hourly 16.50 20.00

55.00 Biweekly Monthly Annual
9,259.03 4,273.11 111,100.99
Biweekly Monthly AnnualBiweekly Monthly Annual
-120-

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

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH AGUILAR AND SONS, INC. FOR ON-CALL

STREET CONSTRUCTION AND MAINTENANCE SERVICES FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $75,000.00, WITH AN OPTION TO RENEW FOR A THIRD YEAR, PURSUANT TO CEQA GUIDELINE 15301
SUMMARY: The Town of Hillsborough ("Town") Public Works Department maintains the Town’s street and roadway system. The Town uses licensed contractors to conduct as-needed street construction and maintenance work. The work consists of, but is not limited to, routine paving, asphalt and concrete repair, crack sealing, and other usual and recurring street construction and maintenance activities.

On November 20, 2024, the Public Works Department issued a request for proposals for on call construction and maintenance street repair services. The Town received three proposals in response to its request for proposals. Town staff conducted a thorough review of the proposals and found Aguilar and Sons, Inc. to be the most qualified and cost-effective service provider.

Aguilar and Sons, Inc. has previously provided successful and cost-effective street construction and maintenance services for the Town of Hillsborough.

FISCAL IMPACT: Funding in the amount of $75,000.00 will be allocated from the Streets and Stormwater, Wasterwater Collection, and Water Distribution Operations – Contractual General budget. Sufficient funding remains in the approved Fiscal Year 2024-25 Budget, and additional sufficient funding is anticipated in the next two fiscal years. Staff will track the budgets and if needed, will bring back a budget resolution for City Council consideration.

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

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a two-year agreement with Aguilar and Sons, Inc. for on-call street construction and maintenance services in the amount of $75,000.00, with an option for the City Manager to extend upon mutual agreement of both parties for a third year, pursuant to CEQA Guideline 15301. -121-
RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWOYEAR AGREEMENT WITH AGUILAR AND SONS, INC. FOR ON-CALL STREET CONSTRUCTION AND MAINTENANCE SERVICES FOR A TOTAL NOT-TOEXCEED AMOUNT OF $75,000.00, WITH AN OPTION TO RENEW FOR A THIRD YEAR, PURSUANT TO CEQA GUIDELINE 15301
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s street and roadway system; and
WHEREAS, the Town uses licensed contractors to conduct as-needed street construction and maintenance work, which consists of routine paving, asphalt and concrete repair, crack sealing, and other usual and recurring street construction and maintenance activities; and
WHEREAS, on November 20, 2024, the Public Works Department issued a request for proposals for street construction and maintenance services and received proposals from three qualified street construction and maintenance companies; and
WHEREAS, Town staff conducted a thorough review of the proposals and found Aguilar and Sons, Inc. to be the most qualified and cost-effective service provider; and
WHEREAS, Town staff conducted a thorough review of the proposals and found Aguilar and Sons, Inc. to be the most qualified and cost-effective service provider; and
WHEREAS, Town staff recommends that City Council approves and authorizes the City Manager to execute a two-year agreement with Aguilar and Sons, Inc. for on-call street construction and maintenance services for a total not-toexceed amount of $75,000.00, with an option to renew for a third year; and
WHEREAS, funding in the amount of $75,000.00 will be allocated from the Streets and Stormwater, Wasterwater Collection, and Water Distribution Operations – Contractual General budgets, with sufficient funding remaining in the approved Fiscal Year 2024-25 Budget, and additional sufficient funding anticipated in the next two fiscal years.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a two-year agreement with Aguilar and Sons, Inc. for on-call street construction and maintenance services in the amount of $75,000.00, with an option for the City Manager to extend upon mutual agreement of both parties for a third year. -122-
2 Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 10th day of February 2025, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-123-

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

CITY COUNCIL MEETING
FEBRUARY 10, 2025

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

EXECUTE A CONTRACT WITH APB GENERAL ENGINEERING FOR THE CHATEAU DRIVE SANITARY SEWER REHABILITATION PROJECT IN THE AMOUNT OF $588,620.00, WITH A 20% CONTINGENCY IN THE AMOUNT OF $117,724.00, FOR TOTAL COST OF $706,344.00 PURSUANT TO CEQA GUIDELINE 15301
SUMMARY: This project involves replacing, realigning, and upsizing approximately 2,000 linear feet of 6-inch clay sanitary sewer pipes along Chateau Drive and adjacent streets. Due to the old age of the clay pipes, steep slopes, and ground settling, some pipe segments have settled, causing sewer flow restrictions and backups. As a result, the pipes require frequent maintenance to prevent potential sewer overflows into nearby storm drains and creeks. Completion of these upgrades will result in a reduction in after-hours and emergency sewer calls and maintenance costs.

The investigation and evaluation of the project scope were completed by the Town’s engineering staff in 2023, and the construction drawings were designed and developed by CSG Consultants, Inc. who successfully completed the design of a similar project in the past.

This project was advertised in accordance with the Public Contract Code and on the Town’s website and the local newspaper. A total of eight bids were received and opened on January 29, 2025. The bid results were announced in the Town Hall Council Chambers, in accordance with the Town’s policies and procedures. The bid summary is as follows:
$729,190.00
$736,875.00
$878,820.00
$884,889.00
$1,005,992.00
APB General Engineering $588,620.00
Hardiman Construction $640,460.00
Westrock Engineering
Express Plumbing
C2R Engineering
Central Pacific LLC
Corcus Construction
Golden State Construction and Utility $1,074,170.00
Of the bids received for this project, APB General Engineering was confirmed by staff to be the lowest responsible bidder submitting a responsive bid. Based on staff analysis of the low bid, and reference checks with three other municipalities, it was determined that APB General Engineering’s qualifications and experience levels are satisfactory to perform all work associated with this project.
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February 10, 2025

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FISCAL IMPACT: It is recommended that funding be allocated from the approved budget for the Chateau Drive Sanitary Sewer Rehabilitation (CIP #717). This includes a 20% contingency in the amount of $117,724.00 to be used if necessary, bringing the total allocation to $706,344.00.

Sufficient funds are available within the approved budget to cover this project.

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

ATTACHMENTS: Resolution
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION: Adopt the resolution awarding to and authorizing the City Manager to execute a contract with APB General Engineering for the Chateau Drive Sanitary Sewer Rehabilitation Project in the amount of $588,620.00, with a 20% contingency of $117,724.00 if needed, for a total cost of $706,344.00 pursuant to CEQA Guideline 15301. -126-
RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT WITH APB GENERAL ENGINEERING FOR THE CHATEAU DRIVE SANITARY SEWER REHABILITATION PROJECT IN THE AMOUNT OF $588,620.00, WITH A 20% CONTINGENCY IN THE AMOUNT OF $117,724.00, FOR A TOTAL COST OF $706,344.00 PURSUANT TO CEQA GUIDELINE 15301
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s sanitary sewer system; and
WHEREAS, the capital improvement budget identified a project to evaluate and replace or rehabilitate deficient segments of pipe that were identified in the Town’s wastewater basin; and
WHEREAS, the Chateau Drive Sanitary Sewer Rehabilitation Project (“Project”) consists of replacing approximately 2,000 linear feet of sanitary sewer main lines and associated manholes, lower laterals, and cleanouts; and WHEREAS, plans and specifications have been developed for improvements to the Town’s sanitary sewer system to repair the deficient pipe segments; and WHEREAS, the Project was publicly bid and advertised in accordance with the Public Contracts Code, and the Town received eight bids for the Project; and WHEREAS, APB General Engineering (“APB”) was the lowest responsible bidder submitting a responsive bid in the amount of $588,620.00, and WHEREAS, staff conducted an analysis of the bid and verified that APB’s qualifications and experience levels are satisfactory; and
WHEREAS, funding will be allocated from the approved budget for the Chateau Drive Sanitary Sewer Rehabilitation Project (CIP #717).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby awards and authorizes the City Manager to execute the contract with APB General Engineering for the Chateau Drive Sanitary Sewer Rehabilitation Project in the amount of $588,620.00, with a 20% Town-controlled contingency of $117,724.00 if needed, for a total construction budget of $706,344.00 allocating funds from the approved budget for the Chateau Drive Sanitary Sewer Rehabilitation Project (CIP #717).

Mayor of the Town of Hillsborough
-127-
2 Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 10th day of February 2025, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-128-

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

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: LEGISLATIVE UPDATE
SUMMARY: The Town’s legislative consultant, California Public Policy Group (CPPG), has provided the attached Legislative Summary for January 2025.

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

ENVIRONMENTAL ISSUES: This item 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 to the environment.

ATTACHMENTS: January 2025 CPPG Legislative Summary
PREPARED BY: Mandy Brown, Assistant City Manager
RECOMMENDATION: Receive the January 2025 CPPG Legislative Summary. -129-
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 1 Date: February 6, 2025
To: Doug Davis, Town Manager
Town of Hillsborough
From: Dane Hutchings
Founder + CEO
California Public Policy Group
Re: CPPG Legislative Summary – January 2025

LEGISLATIVE UPDATE
The Legislature Returns
On January 6, 2025, the California State Legislature reconvened for the 2025-26 legislative session.

This session sees the induction of 35 newly elected legislators, comprising 25 Assemblymembers and 10 Senators. By mid-January, final committee assignments in both houses had been confirmed, allowing for a clearer evaluation of how each committee may address forthcoming legislation.

Assemblymember Robert Rivas (D-Hollister) continues to serve as Speaker, while Senator Mike McGuire (D-Geyserville) maintains his position as President pro Tempore. Informational hearings were conducted in January, followed by the commencement of budget hearings in the first week of February.

Bills of interest introduced or expected to be introduced include:
• ACWA-sponsored bill related to preventing hydrant water theft. • CMUA-sponsored SB 72 (Caballero) seeking to improve statewide water supply planning.

This is a re-introduction of their sponsored bill SB 366 (Caballero) from last year’s session. • CMUA-sponsored bill seeking funding opportunities for low-income rate assistance. • Water Reuse-sponsored SB 31 (McNerney) currently a spot bill, seeking to clean up Title 22, pertaining to recycled water.
• CalCities-sponsored reintroduction of AB 2330 (Holden) from last year related to vegetation management work. Assemblymember Damon Connolly (D-San Rafael) will be the author. • CalCities-sponsored bill related to helping offset cost of remediating PFAS in water supply.

The bill would create PFAS mitigation funds from other regulatory programs. • CSDA-sponsored AB 259 (Rubio) would remove the sunset on teleconference rules for local legislative bodies in AB 2449 (Rubio) [Chapter 285, Statutes of 2022]. • CSAC-sponsored SB 239 (Arreguín) would allow non-decision making, advisory bodies of local agencies to meet using teleconferencing. This is a reintroduction of AB 817 (Pacheco) from last year.
• On January 27th, Senator Scott Wiener (D-San Francisco) held a press conference at the Capitol to announce the introduction of SB 222 (Wiener). The Senator detailed the need for the bill, citing Los Angeles’s recent wildfires and other extreme weather events. Senator Wiener, joined by representatives from the Consumer Federation of America and California Environmental Voters, highlighted the urgent need to address the state’s insurance crisis.

The bill’s intent is to allow disaster victims, insurance companies, and the state’s FAIR Plan -130-
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 2 to seek compensation from fossil fuel companies to pay for damages caused by extreme weather events.

Special Session
Governor Gavin Newsom signed two special session budget bills in January to “provide over $2.5 billion for Los Angeles to bolster ongoing response efforts and jumpstart recovery and rebuilding.” The Governor also signed two additional special session budget bills: one to appropriate $25 million from the 2024-25 budget to fund lawsuits against the Trump Administration, and another to appropriate $25 million to nonprofit organizations that provide immigration legal and support services. A dozen additional special session measures, the majority of them budget bills, remain active. As 2025 progresses, we will have a better idea of the other policies the Legislature will pursue using these measures.

By the Numbers
As of February 5, the Legislature had introduced 823 pieces of legislation in the 2025-26 session.

Over the next two weeks, there will be hundreds more pieces of legislation introduced by the deadline. Many of the measures introduced so far are nonsubstantive “spot” bills, which means that full bill language has not yet been introduced and we do not yet know their full content. As the 30- day waiting period before bills can be heard in committee is nearing its end for many bills, these bills will soon have substantive language added to them that clarifies their intent. Most spot bills will have their full language added by mid-March. It is likely that many of the measures yet to be introduced will deal with what are shaping up to be some of the key legislative issues of 2025: affordability, insurance, and housing.

ADMINISTRATION ACTIONS
Advanced Clean Fleets Truck Regulation Implementation Group On January 30, the California Air Resources Board (CARB) hosted a meeting for the Advanced Clean Fleets (ACF) Truck Regulation Implementation Group and said that the reversal of their waiver request does not impact ACF implementation mandates for state and local fleets. CARB staff said that they understand they need to work with state and local fleets to ensure that they have the support needed to meet the requirements. CPPG sent the Town a more detailed memo regarding CARB’s action on February 5.

If you would like to provide CARB with questions or comments, you may attend the next meeting of the ACF Truck Regulation Implementation Group focusing on infrastructure on February 10, 2025 at 1pm. The registration link for this meeting can be found here. Please let our team know if you need assistance submitting comments. We are here to help.

Fiscal Year 2025-26 Budget
On January 10, the Department of Finance provided an in-depth look at the Governors’ FY 25-26 budget proposal. CPPG provided an in-depth analysis on January 15; however, some of the highlights of interest to the Town are as follows:
• $183.2 million for grants and loans that improve water quality and help provide clean, safe, reliable drinking water, such as water quality monitoring and remediation of PFAS, implementation of countywide drought and water shortage contingency plans, prevention and treatment of contaminated groundwater, consolidation or extension of water or wastewater systems, and $11.1 million dedicated to tribal water infrastructure projects. -131-
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 3 • $153.4 million for water reuse and recycling projects that support treatment, storage, conveyance, or distribution facilities for potable and nonpotable use, dedicated infrastructure to serve retrofit projects, and multi‑benefit projects that allow use of recycled water.
• $37.6 million to modify or upgrade fairgrounds to enhance communities’ emergency preparedness capabilities, particularly in response to climate change. • $7.7 billion for high-priority transit and rail infrastructure projects that will improve rail and transit connectivity between state and local/regional services that are designed to reduce traffic congestion and greenhouse gas production.
• $9.1 million for the Wildfire Mitigation Program, administered by the Office of Emergency Services and the Department of Forestry and Fire Protection, which offers financial assistance to vulnerable populations in wildfire‑prone areas throughout the state for costeffective structure hardening and retrofitting to create fire-resistant homes, as well as defensible space and vegetation management activities.

Proposition 4 Briefings
The California Natural Resources Agency (CNRA) held two Climate Bond briefings this month. In his announcement, Secretary Wade Crowfoot noted that the Climate Bond will “help us build wildfire resilience in Los Angeles and across the state, and support safe drinking water, build water security, protect our coast, restore natural places and implement nature-based solutions, protect our biodiversity, and much more.” They held two briefings—January 24 and 30—for stakeholders to hear more about CNRA’s planned engagement to solicit stakeholder input on how to build programs that will allocate bond funding.

Secretary Wade Crowfoot provided introductory remarks and stated that CNRA is committed to delivering for programs that are most impactful. Internally, they are gathering data on successful bond-funded projects and hope to memorialize best practices. Externally, they will be gathering feedback from stakeholders to improve the grant making process.

To ensure better communication, CNRA has started a climate bond listserv.

The recordings of these briefings will be on the CNRA website and can also be viewed here.

As the Governor’s budget proposal moves through the subcommittee process, the water community’s main focus will likely be on climate bond allocations. Southern California legislators are likely to advocate for more bond funds for fire recovery and push for earlier funding. Meanwhile, water purveyors expecting General Fund support for their projects are likely to push back against the proposed shift to Climate Bond funding, as it could cause further delays. Additionally, with wildfire victims receiving a tax collection delay, the Department of Finance is once again needing to estimate this year’s revenue. It remains to be seen whether the state will have enough bonding capacity in the short term to meet demand.

Los Angeles Wildfires
Governor Newsom took several steps in response to the Los Angeles wildfires, supplementing the $2.5 billion allocated to aid the region. This included issuing 14 executive orders to direct personnel and suspend permitting and review requirements under the California Environmental Quality Act and -132-
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 4 the California Coastal Act. The Governor also extended the individual tax filing deadline to October 15 for taxpayers in Los Angeles County.

Water Capture and Storage
On January 31, Governor Newsom announced that he had issued an executive order which “directs the Department of Water Resources and other state agencies to take action to maximize diversion of those excess flows to boost the state’s water storage in Northern California, including storage in San Luis Reservoir south of the Sacramento-San Joaquin Delta.”

CPPG ACTIVITY
CPPG continues to review priority bills—keeping Town staff apprised of developments on legislation during our standing meetings and throughout the month as needed. CPPG continues to work hand in hand with Town staff to gather client-specific information while actively engaging with lawmakers and agency officials on legislation of interest to the Town. CPPG has marked 11 bills as “priority” for the Town and will continue to bring bills of potential interest to staff for review in the coming weeks.

State Audit 2024-109
CPPG is committed to ensuring local planning priorities are heard as the state rebuilds in the wake of the January wildfires. CPPG will continue to advocate for local agencies with housing and insurance regulators alongside our legislative advocacy.

CPPG collected information from local government staff pertaining to audit 2024-109 and sent a letter to the State Auditor on January 24 with our findings. CPPG will continue to monitor the audit process and report relevant information as it becomes available; the Auditor’s report is expected in June 2025. CPPG is additionally engaging with the Little Hoover Commission to ensure that local governments have representation in the creation of the new housing agency put forth in the Governor’s January budget proposal. We will provide you with additional information as it becomes available.

LOOKING FORWARD
• February 21: Last day for the Legislature to introduce bills • April 11-18: Spring Recess
• June 6: Last day for the Legislature to pass bills out of their house of origin • June 15: Legislature must pass the primary budget bill • June 30: Governor must sign the primary budget bill
• July 21-August 15: Summer Recess
• September 12: Last day for the Legislature to pass bills • October 12: Last day for the Governor to sign or veto bills -133-

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

CITY COUNCIL MEETING
FEBRUARY 10, 2025

AGENDA STAFF REPORT
ITEM SUBJECT: PUBLIC HEARING TO CONSIDER AND ADOPT A RESOLUTION APPROVING (A) THREE (3) COMCAST PERMIT APPLICATIONS FOR THE INSTALLATION OF SIX (6) BATTERY CABINETS (UTILITY BOX OUTDOOR FIXTURES) AT LOCATIONS IN THE PUBLIC RIGHT OF-WAY (TWO (2) CABINETS NEAR 20 BENGLOE LANE, TWO (2) CABINETS NEAR 1780 BLACK MOUNTAIN ROAD, AND TWO (2) CABINETS NEAR 978 TOURNAMENT DRIVE); AND (B) THE CITY ENGINEER’S RECOMMENDATION TO GRANT COMCAST’S REQUEST FOR AN EXCEPTION TO POLICY NO. 19-01 FOR THESE

INSTALLATIONS, PURSUANT TO CEQA DETERMINATIONS
SUMMARY: Comcast is seeking to place six (6) battery cabinets in the Town’s public right-of-way to fully implement its responsibilities under the California Public Utilities Commission's (CPUC) Wireline Resiliency mandate. In February 2021, the CPUC adopted Decision 21-02-029, Decision Adopting Wireline Provider Resiliency Strategies. The decision generally requires facilities-based wireline providers to develop comprehensive resiliency strategies to prepare for catastrophic disasters and power outages and to file resiliency plans with the CPUC. One of the requirements in the decision is a 72-hour backup power requirement for the wireline providers’ facilities in Tier 2 and Tier 3 High Fire Threat Districts providing service (meaning 9-1-1, voice, text messages, or data services). Portions of the Town are in these districts. However, the CPUC acknowledges that there may be grounds for specific facilities to be excluded from the 72-hour backup requirement, such as infeasibility or due to specific existing federal, state, tribal or local laws. Comcast holds a state video franchise issued by the CPUC under the Digital Infrastructure and Video Competition Act of 2006 to provide video services within the territorial limits of the Town. Comcast affiliates also provide voice and data services over this network under separate CPUC authorizations. Public Utilities Code Section 5885 requires the Town to allow Comcast to install, construct, and maintain a network within public rights-of-way under the same time, place, and manner as the provisions governing telephone corporations under applicable state and federal law, including, but not limited to, the provisions of Public Utilities Code Section 7901.1.

Hillsborough Municipal Code (HMC) requires a permit, with approval of the City Council, for placement of outdoor fixtures in the public right-of-way, including utility boxes. Among other things, utility boxes are subject to location and screening requirements as specified in City Council Policy No. 19-01. Comcast’s proposed cabinets are utility boxes but they exceed the size limits for equipment volume in Policy No. 19-01. However, the HMC provides that the city engineer may recommend an exception be granted in certain circumstances. This public hearing is for the City Council to consider approving the Comcast applications and the city engineer’s recommendation to grant Comcast an exception to the volume requirements in Policy No. 19-01, pursuant to CEQA determinations.
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February 10, 2025

Page 2 ends

1. The Applications
On January 31, 2024, Comcast submitted three (3) applications for permits to place six (6) battery cabinets in the public right-of-way near the following locations: 20 Bengloe Lane; 1780 Black Mountain Road; and 978 Tournament Drive. As further described and depicted in Attachments 2,3, and 4, the proposed cabinets are each 52" H, 26" W, and 24"D, resulting in a volume of 18.77 cubic feet per cabinet or more than 37.5 cubic feet at each location.

According to HMC Section 12.12.010(A)(2), a utility box is an outdoor fixture, and HMC Section

12.12.010(A)(6) defines a utility box as “any transformer, switch box, telephone, cable television box, service panel, meter or similar device.” Thus, Comcast’s proposed battery cabinets meet the definitions of utility box and outdoor fixture. As a result, it was determined that Comcast’s applications are subject to the provisions of HMC Chapter 12.12 (Outdoor Fixtures) and not HMC Chapter 12.04 (Improvements, Excavations and Obstacles).

HMC Section 12.12.030(A) provides that only the City Council may authorize any outdoor fixture in the public right-of-way. HMC Section 12.12.030(B) requires the entity to file with the city engineer an application for a right-of-way fixture approval, accompanied by the respective fee. Comcast filed its three (3) applications and has paid the accompanying fee.

2. Public Hearing Notices
HMC Section 12.12.030(C) requires the city engineer to set applications for outdoor fixtures for public hearing before the City Council and give notice of the hearing under the Type B notice procedure set forth in Chapter 1.20. Notices for the public hearing were sent to adjoining neighbors as required. Attachment 6 provides a copy of the notice that was sent for each location.

No public comment letters were received before 5:00 p.m. on Wednesday, February 5, 2025. Any public comment received after 5:00 p.m. on Wednesday, February 5, 2025, and prior to 4:00 p.m. on Monday, February 5, 2025, will be emailed to the City Council and posted on the Town website.

3. Required Findings for Approval
HMC Section 12.12.020 provides that prior to installation of an outdoor fixture in the public right-ofway, the entity must: (1) obtain a right-of-way fixture approval from the City Council, as set forth in HMC Section 12.12.030; (2) complete design review as set forth in HMC Section 12.12.040, if applicable; (3) comply with the requirements of HMC Section 12.12.050 and any other applicable requirements; and (4) obtain the necessary permits (for example, building permit, electrical permit, encroachment permit) from the Town's building department. a. HMC Section 12.12.030: Right-of-way fixture approval Consistent with HMC Section 12.12.030(C), the city engineer reviewed the plans extensively, taking into account the number and location of any other outdoor fixtures located within the public right-of-way in the vicinity of the proposed outdoor fixtures, the likelihood of the Town's need for access to the affected portion of the public right-of-way, the effect that allowing the outdoor fixtures -136-
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February 10, 2025

Page 3 ends

within the right-of-way would have on parking and on traffic safety, and finds no apparent issues or cause for concern.
b. HMC Section 12.12.040: Design review
According to HMC Section 12.12.040, utility boxes do not require design review, but are subject to the requirements of HMC Section 12.12.050. This section is not applicable. c. HMC Section 12.12.050: Other requirements/Policy No. 19-01 Of the requirements listed in HMC Section 12.12.050, only those under subsection (B) and (I) apply to the utility boxes; the others do not.

The battery cabinets are each fifty-two inches (52”) or rather, just under four (4) and a half (.5) feet in height, and therefore, comply with Section 12.12.050(B) which provides that the maximum height limit of any outdoor fixture (whether new or existing/to be modified) located within the rightof-way is eight (8) feet above existing grade at the property line or the pavement grade of the street.

Under HMC Section 12.12.050(l), utility boxes are subject to location and screening requirements as specified and approved by the City Council by resolution in order to safeguard the health, safety and welfare of the residents of the Town, aesthetics and local values. The City Council adopted Policy No. 19-01 in 2019, which establishes location and design standards for wireless communications facilities and other infrastructure deployments, including utility boxes.

Town staff have evaluated the Comcast battery cabinets and determined that they will comply with relevant portions of Policy No. 19-01, except that the policy requires all accessory equipment installed above ground level not to exceed nine (9) cubic feet in volume. Comcast’s proposed battery cabinets do not comply with this volume requirement, and Comcast has asked for an exception. Comcast’s letter requesting such an exception is included in Attachment 5. Approval may only be granted if an exception is also granted (discussed further below).

4. Required Findings for Recommending the Grant of an Exception HMC Section 12.28.010 provides that the exception procedure applicable to Title 12 is in HMC Chapter 1.24. HMC Section 1.24.020 provides that the city engineer shall not recommend an exception unless the city engineer finds that:

A. Granting the exception will not be materially detrimental to the public health, safety or welfare or injurious to other property in the Town, and
B. There are special circumstances or conditions affecting the property that make strict compliance with the subject requirement(s):

1. Unjustifiable from a cost/benefit analysis; or

2. Unnecessary for purposes of protecting the public health, safety or welfare; or

3. Unadvisable for purposes of protecting the public health, safety or welfare. -137-
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Regarding A, the city engineer finds that granting the exception will not be materially detrimental to the public health, safety or welfare or injurious to other property in the Town. Comcast is a dominant communications services provider within the Town. In the past, the Town residents have reported difficulties with communications during power outages. Allowing for this installation would further Comcast’s compliance with the CPUC’s Wireline Resiliency mandate by providing more reliable essential services which is materially beneficial to the public health, safety and welfare.

Further, Comcast has represented that the battery cabinets are certified by all state and federal standards. Finally, the battery cabinets will be sited in locations that meet all the safety and other requirement of Policy No. 19-01 so the placement will not be injurious to other property in the Town.

Regarding B, special circumstances for an exception can be found to exist if compliance is unjustifiable, unnecessary or unadvisable. The city engineer finds that compliance is unjustifiable from a cost/benefit analysis because although the battery cabinets are larger than typical utility boxes in the Town, Comcast has represented in its exception request letter that the amount of stored energy required to provide seventy-two (72) hours of backup to its network is not compatible with the Town’s current volume limits. Further, Town staff explored the possibility of placing the battery cabinets underground as a way to mitigate noncompliance, however, due to maintenance, accessibility, and safety reasons, placing the cabinets underground was not feasible.

The city engineer also finds that compliance is unnecessary to protect public health, safety or welfare for the reasons discussed above regarding A.

Finally, the city engineer also finds that compliance is unadvisable to protect the public health, safety or welfare. Although the CPUC acknowledges that there may be grounds for specific facilities to be excluded from the 72-hour backup requirement, including due to specific existing federal, state, tribal or local laws, strict compliance is not advisable. If the backup is not approved, Comcast will not meet the 72-hour backup that the CPUC determined was advisable for communities in high fire threat districts. This is unadvisable for the Town because residents rely heavily on Comcast’s services for communications, as there are known deficiencies is alternative communications services (such as wireless) in certain areas of the Town.

For the reasons described above and in particular the public safety benefits, the city engineer recommends allowing Comcast’s request for an exception to Policy No. 19-01.

5. Recommended Conditions of Approval
HMC Section 1.24.030 provides that in conjunction with recommending an exception, the city engineer shall set forth the conditions to which the exception will be subject. Attachment 7 contains such conditions that ensure the installation will be safe and secure the basic objectives of the size requirements for above ground accessory equipment found in Policy No. 19-01. Among the conditions is the requirement that, consistent with HMC Section 12.12.030(D), Comcast execute and record an agreement regarding revocable permit setting forth the circumstances under which the applicant shall be required to remove the outdoor fixture from the right-of-way. -138-
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February 10, 2025

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It should be noted that Council approved Comcast’s request to install three (3) identical battery cabinets at the March 13, 2023 City Council meeting, two (2) identical battery cabinets at the April 10, 2023 City Council meeting, and two (2) identical battery cabinets at the May 8, 2023 City Council meeting. This request is to install six (6) additional battery cabinets in other locations.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item as all costs will be paid by the applicant.

ENVIRONMENTAL ISSUES: Approval: If the City Council adopts a resolution approving one or all of the applications, the resolution provides that the Town acting as the lead agency has determined the project to be Categorically Exempt from CEQA Guideline Section 15303, Class 3 of the CEQA Guidelines, which, in part, reads as follows:
15303. New Construction or Conversion of Small Structures.

Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The number of structures described in this section are the maximum allowable on any legal parcel. […]
The Town’s finding is consistent with case law. In San Francisco Beautiful v. City & County of San Francisco (2014) 226 Cal.App.4th 1012, 1022, the California Court of Appeal upheld the application of CEQA Guidelines Section 15303 to categorically exempt the approval of the installation of a network of utility boxes for a fiber-optic network.

Denial: If the City Council adopts a resolution denying one (1) or all of the applications, no CEQA analysis is required for any denial. Because CEQA applies only to projects undertaken, supported, or authorized by a public agency, if the City Council denies any of the applications, they are not subject to CEQA. (Public Resources Code §21080(b)(5); CEQA Guidelines §15270).

ATTACHMENTS:

1. Resolution of Approval and Exhibit A

2. 20 Bengloe Lane Application and Site Plans

3. 1780 Black Mountain Road Application and Site Plans

4. 978 Tournament Drive Application and Site Plans

5. Comcast Exception Letter

6. Public Notices

7. Recommended Approval Conditions
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION:

1. Open the public hearing and receive comments;

2. Close the public hearing; and

3. Adopt the resolution approving the permit applications for 20 Bengloe Lane; 1780 Black Mountain Road; and 978 Tournament Drive; and the city engineer’s recommendation to grant -139-
Agenda Staff Report - Hillsborough City Council
February 10, 2025

Page 6 ends

Comcast’s request for exception to Policy No.19-01 for the installation of six (6) battery cabinets in the public right-of-way with the conditions set forth in Attachment 7.

ALTERNATIVES:

1. Adopt the resolution approving all or some of the permit applications for the cabinets at 20 Bengloe Lane; 1780 Black Mountain Road; and 978 Tournament Drive; and the city engineer’s recommendation to grant Comcast’s request for exception to Policy No. 19-01, with different conditions.

2. Deny all or some of the permit applications for 20 Bengloe Lane; 1780 Black Mountain Road; and 978 Tournament Drive; and the city engineer’s recommendation to grant Comcast’s request for exception to Policy No. 19-01. If any applications are denied, Public Utilities Code Section 5885(c)(3) requires that the City Council shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.

3. Provide preliminary direction to Town staff on appropriate findings for a resolution to be presented for consideration and adoption at a later date. -140-
3 RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH APPROVING THREE (3) COMCAST PERMIT APPLICATIONS FOR THE INSTALLATION OF SIX (6) BATTERY CABINETS (UTILITY BOX OUTDOOR FIXTURES) AT LOCATIONS IN THE PUBLIC RIGHT OF-WAY (TWO (2) CABINETS NEAR 20 BENGLOE LANE, TWO (2) CABINETS NEAR 1780 BLACK MOUNTAIN ROAD, AND TWO (2) CABINETS NEAR 978 TOURNAMENT DRIVE); AND GRANTING COMCAST’S REQUEST FOR AN EXCEPTION TO POLICY NO. 19-01 FOR THESE

INSTALLATIONS, PURSUANT TO CEQA DETERMINATIONS
WHEREAS, Comcast holds a state video franchise issued by the California Public Utilities Commission (CPUC) under the Digital Infrastructure and Video Competition Act of 2006 to provide video services within the territorial limits of the Town of Hillsborough (“Town”) and Comcast affiliates also provide voice and data services over this network under separate CPUC authorizations; and
WHEREAS, Public Utilities Code Section 5885 requires the Town to allow Comcast to install, construct, and maintain a network within public rights-of-way under the same time, place, and manner as the provisions governing telephone corporations under applicable state and federal law, including, but not limited to, the provisions of Public Utilities Code Section 7901.1; and WHEREAS, the Town regulates the placement of outdoor fixtures, including utility boxes, located in the public right-of-way under Chapter 12.12 of the Town of Hillsborough Municipal Code (HMC) and with respect to location and design standards of infrastructure deployments in the public right-of-way, under Policy No. 19-01 Design Standards for Infrastructure Deployments; and
WHEREAS, on January 31, 2024, Comcast submitted three (3) permit applications for the installation of six (6) total battery cabinets (two (2) at each location) in the public right-of-way near the following locations: 20 Bengloe Lane; 1780 Black Mountain Road; and 978 Tournament Drive to comply with the 72- hour backup power requirement for wireline providers’ facilities in Tier 2 and Tier 3 High Fire Threat Districts providing 9-1-1, voice, text messages, or data service under CPUC Decision 21-02- 029, Decision Adopting Wireline Provider Resiliency Strategies (Wireline Resiliency mandate); and WHEREAS, HMC Section 12.12.020(A) requires City Council to hold a public hearing to consider approval for the installation of any outdoor fixture, as set forth in HMC Section 12.12.030; and
WHEREAS, Comcast also seeks an exception to the size limit for accessory equipment installed above ground level under Policy No. 19-01 because the volume -141-
ATTACHMENT 1
2 of each proposed battery cabinet is 18.77 cubic feet, exceeding the size limit of nine (9) cubic feet set forth in Policy No. 19-01; and
WHEREAS, the City Council may grant an exception upon the city engineer’s recommendation having made the findings in HMC Section 1.24.020; and WHEREAS, the city engineer has made the necessary findings to recommend that City Council grant an exception; and
WHEREAS, on January 24, 2025, the Town mailed owners and occupants of real property adjacent to battery cabinet locations notice of the permit applications pursuant to HMC Section 12.12.030(C) and HMC Section

1.20.010, and published the notice in the San Mateo Daily Journal newspaper; and
WHEREAS, on February 10, 2025, the City Council held a public hearing on the merits of the each of the three (3) permit applications, to consider and adopt the decision resolution on the applications; and
WHEREAS, in determining whether to grant, deny or conditionally approve an application for an outdoor fixture, as defined in HMC Section

12.12.010(A)(2), the City Council must make the findings in HMC Section

12.12.030(C); and
WHEREAS, after hearing presentations from Town staff and receiving all public comments on each of the three (3) permit applications, City Council closed the public hearing to consider approving the Comcast applications and the city engineer’s recommendation to grant Comcast an exception to the volume requirements in Policy No. 19-01, deliberated and considered a decision resolution; and
WHEREAS, Comcast’s permit applications have been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), and the State and local CEQA Guidelines. The Town, acting as lead agency, has determined the each of the proposed cabinets is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15303, Class 3, New Construction or Conversion of Small Structures.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough, based on the evidence contained in the written record, which includes Comcast’s permit applications for 20 Bengloe Lane; 1780 Black Mountain Road; and 978 Tournament Drive; staff report; and other written submissions provided to City Council, and the record of the oral testimony given at the public hearing held on February 10, 2025 (referred to hereafter as the “Decision Record”), hereby renders its decision on Comcast’s permit applications and Comcast’s request for an exception to the volume requirements in Policy No. 19-01, pursuant to CEQA.

1. Decision on permit application and exception request for 20 Bengloe Lane:
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3 Council has considered the four (4) factors set forth in HMC Section 12.12.030(C) for deciding whether to approve, conditionally approve or deny the application based on public health, safety and welfare needs, and makes the following findings for conditional approval, based on the Decision Record:

Finding on Factor 1: There are existing utility enclosures and infrastructure located in the right-of-way in the vicinity of the two (2) battery cabinets proposed at 20 Bengloe Lane. The battery cabinets will be separated from the existing infrastructure and will be spaced 15 feet from the utility pole. The proposed battery cabinets will be sufficiently spaced from other outdoor fixtures and infrastructure in the right-of-way at 20 Bengloe Lane.

Finding on Factor 2: The Town has no immediate need for access to the affected portion of the right-of-way. Any future need for access can be addressed with appropriate permit conditions.

Finding on Factor 3: The proposed battery cabinets will be located in an area that is not used for parking and will not block pedestrian traffic. Therefore, there is no significant effect on parking and on traffic safety.

Finding on Factor 4: The City Council deems compliance with HMC Section

12.12.050(B) and (I), and Policy No. 19-01, relevant to a determination of the public health, safety, and welfare needs. The City Council finds that the proposed battery cabinets comply with these requirements except as to the volume limits
in Policy No. 19-01 and authorizes an exception to those limits based on the city engineer’s recommendation.

Each battery cabinet is just under four and a half (4.5) feet in height, and therefore, complies with the maximum height limit of eight (8) feet in HMC Section 12.12.050(B).

The proposed battery cabinets comply with all relevant portions of Policy No. 19-01, except the volume limit of nine (9) cubic feet.

The city engineer has recommended approval of Comcast’s request for an exception to the volume requirement based on the following findings required under HMC Section 1.24.020:
1) granting the exception will not be materially detrimental to the public health, safety or welfare or injurious to other property in the Town because it will allow Comcast to provide more reliable essential communications services such as 9-1-1, voice, text messages, or data service during a commercial power outage; and 2) requiring strict compliance is unjustifiable from a cost/benefit analysis because although the battery cabinets are larger than typical utility boxes in the Town, the amount of stored energy required to provide seventy-two (72) hours of backup to its -143-
4 network is not compatible with the Town’s current volume limits and undergrounding the batteries is infeasible; and
3) requiring strict compliance is unadvisable to protect the public health, safety or welfare because if the backup is not approved, Comcast has indicated that in order to meet the 72-hour backup requirement that the CPUC determined was advisable for
communities in high fire threat districts, and Comcast will likely resort to placing a temporary generator onsite when needed and available.

2. Decision on permit application for 1780 Black Mountain Road:

Council has considered the four (4) factors set forth in HMC Section 12.12.030(C) for deciding whether to approve, conditionally approve or deny the application based on public health, safety and welfare needs, and makes the following findings for conditional approval, based on the Decision Record:

Finding on Factor 1: There is an existing utility enclosure and infrastructure as well as street sign located in the right-of-way in the vicinity of the two (2) battery cabinets proposed at 1780 Black Mountain Road. The battery cabinets will be separated from but within four (4) feet of the existing infrastructure and sign. The proposed battery cabinets will be sufficiently spaced from other outdoor fixtures and infrastructure in the right-of-way at 1780 Black Mountain Road.

Finding on Factor 2: The Town has no immediate need for access to the affected portion of the right-of-way. Any future need for access can be addressed with appropriate permit conditions.

Finding on Factor 4: The City Council deems compliance with HMC Section

Each battery cabinet is just under four and a half (4.5) feet in height, and therefore, complies with the maximum height limit of eight (8) feet in HMC Section 12.12.050(B).

The proposed battery cabinets comply with relevant portions of Policy No. 19-01, except the volume limit of nine (9) cubic feet. -144-
5 The city engineer has recommended approval of Comcast’s request for an exception to the volume requirement based on the following findings required under HMC Section 1.24.020:
1) granting the exception will not be materially detrimental to the public health, safety or welfare or injurious to other property in the Town because it will allow Comcast to provide more reliable essential communications services such as 9-1-1, voice, text messages, or data service during a commercial power outage; 2) requiring strict compliance is unjustifiable from a cost/benefit analysis because although the battery cabinets are larger than typical utility boxes in the Town, the amount of stored energy required to provide seventy-two (72) hours of backup to its network is not compatible with the Town’s current volume limits and undergrounding the batteries is infeasible; and
3) requiring strict compliance is unadvisable to protect the public health, safety or welfare because if the backup is not approved, Comcast has indicated that in order to meet the 72-hour backup requirement that the CPUC determined was advisable for
communities in high fire threat districts, Comcast will likely resort to placing a temporary generator onsite when needed and available.

3. Decision on permit application for 978 Tournament Drive:

Finding on Factor 1: There is an existing fire hydrant located in the right-ofway in the vicinity of the two (2) battery cabinet proposed at 978 Tournament Drive. The battery cabinets will be separated from the hydrant by more than four and a half (4.5) feet. The proposed battery cabinets will be sufficiently spaced from other outdoor infrastructure in the right-of-way at 978 Tournament Drive.

Finding on Factor 2: The Town has no immediate need for access to the affected portion of the right-of-way. Any future need for access can be addressed with appropriate permit conditions.

Finding on Factor 3: The proposed battery cabinet will be located in an area that is not used for parking and will not block pedestrian traffic. Therefore, there is no significant effect on parking and on traffic safety.

Finding on Factor 4: The City Council deems compliance with HMC Section

12.12.050(B) and (I), and Policy No. 19-01, relevant to a determination of the public health, safety, and welfare needs. The City Council finds that the -145-
6 proposed battery cabinets comply with these requirements except as to the volume limits in Policy No. 19-01 and authorizes an exception to those limits based on the city engineer’s recommendation:.

The battery cabinets are just under four and a half (4.5) feet in height, and therefore, complies with the maximum height limit of eight (8) feet in HMC Section 12.12.050(B).

The proposed battery cabinets comply with relevant portions of Policy No. 19-01, except the volume limit of nine (9) cubic feet.

The city engineer has recommended approval of Comcast’s request for an exception to the volume requirement based on the following findings required under HMC Section 1.24.020:
1) granting the exception will not be materially detrimental to the public health, safety or welfare or injurious to other property in the Town because it will allow Comcast to provide more reliable essential communications services such as 9-1-1, voice, text messages, or data service during a commercial power outage; 2) requiring strict compliance is unjustifiable from a cost/benefit analysis because although the battery cabinet is larger than typical utility boxes in the Town, the amount of stored energy required to provide seventy- two (72) hours of backup to its network is not compatible with the Town’s current volume limits and
undergrounding the batteries is infeasible; and
3) requiring strict compliance is unadvisable to protect the public health, safety or welfare because if the backup is not approved, Comcast has indicated that in order to meet the 72-hour backup that the CPUC determined was advisable for communities in high fire threat districts, Comcast will likely resort to placing a temporary generator onsite when needed.

4. Exemption from CEQA Guideline Section 15303, Class 3:

The Town acting as the lead agency has determined the project to be Categorically Exempt from CEQA Guideline Section 15303, Class 3 of the CEQA Guidelines.

5. CONDITIONS ON APPLICATION APPROVAL
Based on the Decision Record, City Council finds it appropriate to condition the grant of the applications as set forth in this Resolution and in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Hillsborough, based on the evidence contained in the Decision Record:
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7 1) Hereby approves Comcast’s permit applications for 20 Bengloe Lane; 1780 Black Mountain Road; and 978 Tournament Drive and grants Comcast’s request for an exception to the volume limit in Policy No. 19- 01; and 2) Hereby finds that the Comcast’s permit applications for 20 Bengloe Lane; 1780 Black Mountain Road; and 978 Tournament Drive are categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15303, Class, New Construction or Conversion of Small Structures; and
3) Hereby directs Town staff to prepare, execute, and file a CEQA Notice of Determination and a Notice of Exemption with the County Clerk, as appropriate, within five (5) working days of the passage and adoption of this Resolution.

AYES:

NOES:

Councilmembers
Councilmembers

ABSENT: Councilmembers
ABSTAIN: Councilmembers
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Exhibit A

1. The permittee shall execute and record an agreement regarding revocable permit in a form acceptable to the city attorney setting forth the circumstances under which the permittee shall be required to remove the outdoor fixture from the right-of-way.

2. General Conditions.

A. Compliance Report. Within thirty (30) days after installation of infrastructure deployment(s), the permittee shall deliver to the city manager a written report that demonstrates that its infrastructure deployment(s) as constructed and normally-operating fully complies with the conditions of the permit, including height restrictions, and applicable safety codes, including structural engineering codes. The demonstration shall be provided in writing to the city manager containing all technical details to demonstrate such compliance, and certified as true and accurate by qualified professional engineers, or, in the case of height or size restrictions, by qualified surveyors. This report shall be prepared by the permittee and reviewed by the Town at the sole expense of the permittee, which shall promptly reimburse the Town for its review expenses.

1. If the initial report required by this Section shows that the infrastructure deployment(s) do not so comply, the permit shall be deemed suspended, and all rights thereunder of no force and effect, until the permittee demonstrates to the Town's satisfaction that the infrastructure deployment(s) is compliant. The permittee shall promptly reimburse the Town for its compliance review expenses.

2. If the initial report required by this Section is not submitted within the time required, the city manager or its selected and qualified professionals may, but is not required to, undertake such investigations as are necessary to prepare the report described in this Section. The permittee shall within five (5) days after receiving written notice from the city manager that the Town is undertaking the review, shall deposit such additional funds with the city manager to cover the estimated cost of the Town obtaining the report. Once said report is obtained by the Town, the Town shall then timely refund any unexpended portion of the permittee's deposit. The report shall be provided to the permittee. If the report shows that the permittee is non-compliant, the Town may suspend the permit until the permittee demonstrates to the Town's satisfaction that the infrastructure deployment(s) is compliant.

3. If the infrastructure deployment(s) is not brought into compliance promptly, the Town may revoke the permit and require removal of the infrastructure deployment(s) and all related equipment and improvements to return the site to its original condition before the installation or construction occurred.

B. Permit Expiration. The permit will automatically expire six (6) months from the approval date (the "build-out period") unless the permittee obtains all -148-
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other permits and approvals required to install, construct and/or operate the approved infrastructure deployment(s), which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the infrastructure deployment(s) or its use; provided that the city manager may extend this build-out period at the request of the permittee for good cause shown. If this build-out period expires, the Town will not extend the build-out period but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project.

C. Code Compliance. The permittee shall also comply with Chapter 12.04 and all other requirements of the Hillsborough Municipal Code.

D. Government Approvals. The permittee shall obtain and maintain all other applicable permits, approvals, and agreements necessary to install and operate the infrastructure deployment(s) in conformance with federal, state, and local laws, rules and regulations. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws. No failure or omission by the Town to timely notice, prompt or enforce compliance with any applicable provision in the Hillsborough Municipal Code, Policy No. 19-01, any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects with all applicable provisions in the Hillsborough Municipal Code, Policy No. 19-01, any permit, any permit condition or any applicable law or regulation.

E. Inspection. The Town or its agents may inspect the permitted infrastructure deployment(s) and property and may enter onto a site to inspect the deployment(s) upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted infrastructure deployment(s), the Town reserves the right to enter upon the sites of the infrastructure deployment(s) and to support, disable, or remove those elements of the infrastructure deployment(s) posing an immediate threat to public health and safety. The permittee, if present, may observe the Town's officers, officials, staff, agents or other designees while any such inspection or emergency access occurs.

F. Contact Information. The permittee shall maintain on file with the Town and onsite at the infrastructure deployment(s) contact information of all parties responsible for maintenance of the infrastructure deployment(s).

G. Indemnification. The permittee and, if applicable, the private property owner shall defend, indemnify and hold harmless the Town, its agents, officers, officials, and employees:

1. From any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the Town or its agents, -149-
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officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the Town's approval of the permit(s); and

2. From any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors.

H. Termination. A permit may be terminated if the Town determines that the permit was granted based on false, misleading or incomplete information; if a material provision of the permit is no longer enforceable; or if the permittee violates a condition of the permit, or modifies the infrastructure deployment(s) or support structures without permission.

I. Performance Bond. The permittee shall file with the Town, and shall maintain in good standing throughout the term of the permit, a performance bond or other surety or another form of security for the removal of the infrastructure deployment(s) in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to one hundred fifty percent (150%) of the cost of physically removing each infrastructure deployment and all related facilities and equipment on the site. The permittee shall reimburse the Town for staff time associated with the processing and tracking of the bond, based on established hourly rates. Reimbursement shall be paid when the security is posted.

J. Minimize Disruptions. The permittee shall make a good faith effort to minimize project-related disruptions to adjacent properties. Site improvement and construction work, including set-up, loading or unloading of materials or equipment, performed as part of this project is subject to the provisions of Hillsborough Municipal Code Section 8.32.040. Emergency maintenance and repairs are exempt from the restricted hours. Violation of this condition may result in issuance of a stop work order or administrative citations.

K. Graffiti. All graffiti on any of the infrastructure deployment(s) must be removed at the sole expense of the permittee within forty-eight (48) hours after notification from the Town.

L. Compliance, Generally. All infrastructure deployment(s) within the Town shall be designed, maintained, and shall be operated at all times to comply with the provisions of the Hillsborough Municipal Code, Policy No. 19-01, and the following other requirements:

1. Conditions in any permit or license issued by a local, state, or federal agency, which has jurisdiction over the infrastructure deployment(s);

2. Rules, regulations, and standards of the state and federal governments, including without limitation the FCC and the CPUC;
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3. Easements, covenants, conditions, and/or restrictions on or applicable to the underlying real property;

4. Rules, regulations, and standards of the Town governing underground utility districts;

5. All other laws, codes, and regulations applicable to the infrastructure deployment(s); including the California Environmental Quality Act (CEQA).

M. Maintenance. Without limiting the foregoing, all infrastructure deployment(s) shall be maintained in good working condition and to the visual standards established at the time of approval over the life of the permit(s) as may be extended. The infrastructure deployment(s) and surrounding areas shall remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as is practicable, and in no instance more than ten (10) calendar days from the time of notification by the Town or after discovery by the permittee.

N. Revocation. A permit may be revoked if permittee is not in compliance with permit conditions, if the permit conditions are not enforceable, or for a failure to comply with any provision of the Hillsborough Municipal Code relating to the permit, or relating to the infrastructure deployment associated with the permit ("default event"). By way of example and not limitation, a refusal to timely remove infrastructure deployment(s) located in the rights-of-way where required in connection with a public works project would be a default event.

1. The city manager may revoke a permit only after: (i) written notice of the default event has been provided to the permittee; and (ii) the permittee has been afforded a reasonable opportunity to cure and comply with its permit, or demonstrate that no default event occurred.

2. If the permittee fails to cure, the City Council or the City Council through a designee shall conduct a noticed public hearing where the permittee shall be afforded an opportunity to speak and be heard and to provide written material prior to the hearing. If the City Council, after the public hearing, finds that the infrastructure deployment(s) or the permittee has violated any law regulating the infrastructure deployment(s) or has failed to comply with these requirements, the permit, any applicable agreement, or any condition of approval, the City Council may revoke the permit.

3. Upon revocation, the City Council may require the removal of the infrastructure deployment(s) or take any other legally permissible action or combination of actions necessary to protect the health and welfare of the Town.

O. Abandonment. Any permittee who abandons or discontinues use of an infrastructure deployment for a continuous period of ninety (90) days shall so notify the city manager by certified mail within thirty (30) days after the ninety (90) day period.
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1. If the city manager believes an infrastructure deployment has been abandoned or discontinued for a continuous period of ninety (90) days, the city manager shall send a notice of abandonment or discontinuation to the permittee stating why the Town believes the infrastructure deployment to be abandoned or discontinued. Failure of the permittee to reply to the city manager in writing within thirty (30) days after receiving, rejecting, or returning the Town's certified letter shall entitle the city manager to make a determination that the infrastructure deployment is, in fact, abandoned or discontinued.

2. Upon declaration of the city manager that the infrastructure deployment is abandoned or discontinued, as to private property, the permittee or owner of the affected real property shall have ninety (90) days from the date of the declaration or a further reasonable time as may be approved by the city manager, within which to complete one of the following actions:
i. Reactivate use of the infrastructure deployment;
ii. Transfer the rights to use the infrastructure deployment to another entity (who shall be subject to all the provisions of this policy) and the entity immediately commences use of the infrastructure deployment; or iii. Remove the infrastructure deployment and any supporting structures installed solely in connection with the infrastructure deployment, and restore the site to be consistent with the then-existing surrounding area.

3. If after the ninety (90) day time period set forth in subsection 1 of this Section none of the required actions in subsections 2.i through 2.iii of this section has occurred, the City Council at a noticed public hearing may declare that the infrastructure deployment is deemed abandoned.

The city manager shall provide notice of such finding to the permittee last known to use the infrastructure deployment and, if applicable, to the owner of the affected private real property, providing thirty (30) days from the date of the notice within which to complete one of the following actions:
i. Reactivate use of the infrastructure deployment, subject to the terms and conditions of the applicable permit;
ii. Transfer the rights to use the infrastructure deployment to another operator (who shall be subject to all the provisions of the Code and this policy); or
iii. Remove the infrastructure deployment and any supporting structures installed solely in connection with the infrastructure deployment, and restore the site to be consistent with the then-existing surrounding area.

4. If there is no reactivation, transfer or removal as set forth in subsection 3 of this Section, the Town may thereafter remove the abandoned infrastructure deployment, repair any and all damages to the premises caused by such removal, and otherwise restore the premises as is -152-
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appropriate to be in compliance with applicable codes. If the Town removes the infrastructure deployment, the Town may, but shall not be required to, store the removed infrastructure deployment or any part thereof, and may use it, sell it or dispose of it in any manner deemed by the Town to be appropriate. The entity that abandoned the infrastructure deployment, or its successor in interest, and if on private property, the private property owner shall be jointly liable for the entire cost of such removal, repair, restoration and storage and shall remit payment to the Town promptly after demand therefor is made. In addition, the city council, at its option, may utilize any financial security required in conjunction with granting the permit to recover such costs.

5. Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on the infrastructure deployment and any related personal property and any private real property on which the infrastructure deployment was located for the full amount of the cost of removal, repair, restoration and storage. The city clerk shall cause the lien to be recorded with the San Mateo County recorder.

P. Transfer. A permittee shall not assign or transfer any interest in its permit(s) for infrastructure deployment(s) without advance written notice to the Town.

The notice shall specify the identity of the assignee or transferee of the permit, as well as the assignee or transferee's address, telephone number, name of primary contact person(s), and other applicable contact information, such as an e-mail address or facsimile number. The new assignee or transferee shall comply with all of the permit's terms and conditions of approval, and shall submit to the Town a written acceptance of the permit's terms and conditions and a written assumption of the obligations thereafter accruing under such permit prior to the date that such assignment or transfer is intended to take effect.

Q. Records. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the permit application, the approved permit, the approved plans and photo simulations incorporated into the approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the permit (collectively, "records"). If the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The permittee shall protect all records from damage from fires, floods and other hazards that may cause deterioration.

The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the Town's regular files will control over any conflicts between such Town-controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by other applicable laws. -153-
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Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law.

R. Landscaping. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only International Society of Arboriculture certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree. The type, size and location for a replacement tree shall be subject to the city manager's approval. The permittee shall, at all times, be responsible to maintain any replacement landscape features.

S. Reimbursement. The permittee acknowledges and agrees that (i) the permittee's request for authorization to construct, install and/or operate the infrastructure deployment(s) will cause the Town to incur costs and expenses; (ii) the permittee shall be responsible to reimburse the Town for all costs incurred in connection with the permits, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the infrastructure deployment; (iii) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse Town for all such costs ten (10) days after a written demand for reimbursement and reasonable documentation to support such costs; and (iv) the Town shall have the right to withhold any permits or other approvals in connection with the infrastructure deployment(s) until and unless any outstanding costs have been reimbursed to the Town by the permittee.

T. Town Work. The permittee acknowledges that the Town, in its sole discretion and at any time, may: (i) change any street grade, width or location; (ii) add, remove or otherwise change any improvements in, on, under or along any street owned by the Town or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (iii) perform any other work deemed necessary, useful or desirable by the Town (collectively, "Town work"). The Town reserves the rights to do any and all Town work without any admission on its part that the Town would not have such rights without the express reservation in this permit. If the Public Works Director determines that any Town work will require the permittee's infrastructure deployment(s) located in the public rights-of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either -154-
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permanently or temporarily rearrange and/or relocate the permittee's infrastructure deployment(s) within a reasonable time after the Public Works Director's notice, the Town may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The Town may exercise its rights to rearrange or relocate the permittee's infrastructure deployment(s) without prior notice to permittee when the Public Works Director determines that the Town work is immediately necessary to protect public health or safety. The permittee shall reimburse the Town for all costs and expenses in connection with such work within ten (10) days after a written demand for reimbursement and reasonable documentation to support such costs.

2. Specific Right-of-Way Construction Conditions.

A. Roadway cuts and excavations shall be subject to Hillsborough Municipal Code Section 12.04.130 “Street Preservation”.

B. Work location is in proximity to existing Town sewer and water main. Electrical service shall maintain a minimum 1’ vertical, and 3’ horizontal clearance from sewer and water mains. It is the responsibility of the permittee to ensure the protection of both public and private assets. The permittee will be liable for any damage to properties within the scope of this project.

C. Twenty-four (24) hour notice shall be given to the Town for inspection of all trench work. The notice must be via phone call at (650) 375-7444.

D. Trenches shall be backfilled per Town standard detail C16.

E. The permittee shall not backfill more than 6” sand above gas pipe.

F. The permittee shall not use jackhammer to excavate the paved road. Restoration and paving of the surfaces must comply with the Town of Hillsborough’s standards.

G. The permittee shall comply with the approved traffic control plan. One (1) lane shall remain open to traffic during the course of the project. Full road closures are not permitted for this project. Construction hours are limited between the hours of 8:00am – 5:00pm.

H. The permittee shall provide a written notice to all residents/property owners adjacent and across from construction areas at least one (1) week in advance of the work. The notice shall provide property owners with the date(s) of construction, description of the work, and contact information for the permittee’s (Comcast’s) project staff, including a name and phone number.

I. Access to private driveways shall be maintained at all times. If a private driveway must be temporarily closed to accommodate the work, the permittee shall provide written notification to the residents at least one (1) week in advance. -155-
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J. “No Parking” signs shall be posted a minimum of seventy-two (72) hours in advance of the restriction. The date and time of the restrictions shall be clearly posted on the “No Parking” signs.
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ONLINE ENCROACHMENT PERMIT APPLICATION
Town of Hillsborough Public Works Department
1600 Floribunda Ave | Hillsborough, CA | 94010
(650) 375-7444 main | (650) 548-0859 fax
[email protected] | www.hillsborough.net

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Hillsborough City CouncilFebruary 10, 2025

Hillsborough City Council
February 10, 2025