TOWN OF HILLSBOROUGH
San Mateo County
Sophie Cole, Mayor Town Hall
Leslie Marden Ragsdale, Vice Mayor 1600 Floribunda Avenue Laurie Davies Adams, Councilmember Hillsborough, CA 94010 Marie Chuang, Councilmember www.hillsborough.net
Christine Krolik, Councilmember 650-375-7400
REVISED A G E N D A
MONDAY, JULY 13, 2026
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Council Chambers
Meetings of the City Council are held in-person in Council Chambers at Town Hall and online via Zoom.
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:
• Log in to the meeting at https://us06web.zoom.us/j/83431750855?pwd=q7KWJdasbSiKLrUvPelQnFfet0adWM.1 • Dial-in via phone:
+1 669 444 9171 US
Meeting ID: 834 3175 0855
Passcode: 018737
To provide public comment via Zoom: 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 (4:30 p.m.)
CALL TO ORDER
ROLL CALL
ANNOUNCEMENT OF CONFLICT OF INTEREST ON CLOSED SESSION ITEM(S) This portion of the agenda is for Councilmembers to disclose any conflict of interest related to the item(s) on the Closed Session agenda. Any Councilmember who has confirmed a conflict of interest or has reason to believe they have a conflict of interest should disclose the conflict for the record and abide by the disqualification requirements contained in FPPC regulations.
PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Town of Hillsborough v. All Persons Interested in the Matter of the Proceedings for Resolution No. 22-83 Adopting Maximum Rates for Water Service Charges San Mateo Superior Court Case No. 23CIV01028
Revised Agenda – Hillsborough City Council
Monday, July 13, 2026
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
One or More Potential Cases
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
County of San Mateo, Town of Hillsborough, et al. v. State of California San Francisco Superior Court Case No. CPF-25-519270
Lawsuit Regarding Vehicle License Fees
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Title: City Attorney
PUBLIC COMMENT ON CLOSED SESSION ITEM(S)
Members of the public may provide public comments on the item(s) 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.
ADJOURN TO CLOSED SESSION IN ADMINISTRATIVE CONFERENCE ROOM
ADJOURN CLOSED SESSION
REGULAR CITY COUNCIL MEETING (6:00 p.m.)
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. PRESENTATION
• RethinkWaste Trash to Art Contest – Individual 4th Grade Winner • Proclamation: William H. Crocker School Class of 1976 Day – August 8, 2026 VI. TOWN UPDATE
VII. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
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.
Revised Agenda – Hillsborough City Council
Monday, July 13, 2026
VIII. ANNOUNCEMENT OF CONFLICT OF INTEREST
This portion of the agenda is for Councilmembers to disclose any conflict of interest related to any item on the agenda. Any Councilmember who has confirmed a conflict of interest or has reason to believe they have a conflict of interest should disclose the conflict for the record and abide by the disqualification requirements contained in FPPC regulations.
IX. CONSENT CALENDAR
The Consent Calendar includes routine items which generally do not require discussion. A Councilmember may remove an item for discussion, and any member of the public may request a Councilmember to remove an item for discussion. The items are approved in one motion.
1. Approve City Council Meeting Minutes of May 11, 2026 and June 22, 2026
2. Monthly Claims: June 1 through June 30, 2026
3. Quarterly Treasurer's Report for the Quarter Ending June 30, 2026
4. Receive June 2026 Legislative Update
5. Resolution Approving and Authorizing the City Manager to Execute the First Amendment to the License Agreement Between the Central County Fire Department and the Town of Hillsborough for Temporary Use of 1640 and 1600 Floribunda Avenue, Under CEQA Guideline 15301
6. Resolution Authorizing Application to the Director of Industrial Relations, State of California, for Certificate of Consent to Self-Insure Workers’ Compensation Liabilities
7. Resolution Approving the Town of Hillsborough City Council Handbook
8. Approve and Authorize the Mayor to Sign a Letter in Support for AB 1821: California Public Records Act: Agency Response Time
9. Resolution Approving and Authorizing the City Manager to Execute a Second Amendment to the Urban County Cooperation Agreement with the County of San Mateo for Federal Fiscal Years 2027-2029
10. Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with Environmental Science Associates for Phase 2 California Environmental Quality Act (CEQA) Environmental Review Services for the Crystal Springs Uplands School Enrollment Increase Project
11. Resolution Approving and Authorizing the City Manager to Execute a First Amendment to the Professional Services Agreement with MIG, Inc. for Environmental Services Related to the Strawberry Hill (2260 Redington Road) Tentative Map Project
12. Resolution Approving and Authorizing the City Manager to Execute a Third Amendment to the Existing Agreement with Haley & Aldrich, Inc. for Professional Geotechnical and Engineering Services for the Macadamia Access Road Repair in the Amount of $37,538.00 for a Total Contract Amount of $426,802.00, under CEQA Guideline 15301 Revised Agenda – Hillsborough City Council
Monday, July 13, 2026
13. Resolution Approving and Authorizing the City Manager to Execute an Equipment Purchase Agreement with Loyal 9 Manufacturing LLC, dba Sons of Liberty Gun Works, for the Purchase of Patrol Rifle Systems and Accessories in a Not-to-Exceed Amount of $123,847.50
X. PUBLIC HEARING
14. Resolution Authorizing Placement of Sewer Service and Storm Drainage Charges, Special Tax for Police Protection and Fire Protection and Prevention, and the Flat Charge Component of the Garbage Collection Fee on the Fiscal Year 2026-27 County Tax Roll and Authorizing the County Tax Collector to Collect Such Charges
15. Introduction of an Ordinance Amending Section 17.32.030 of the Hillsborough Municipal Code to Reduce the Minimum Dwelling Size Requirement and Eliminate the Recordation Requirement for Limited Remaining Floor Area
XI. DISCUSSION
16. Long-Term Financial Funding Update
XII. INFORMATIONAL
17. Update from the City Council Subcommittee for the Town Hall Complex Project XIII. 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.
XIV. 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 650-375-7412 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 under 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.
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
1 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Approve City Council Meeting Minutes of May 11, 2026 and June 22, 2026 -1-
TOWN OF HILLSBOROUGH
San Mateo County
Sophie Cole, Mayor Town Hall
Leslie Marden Ragsdale, Vice Mayor 1600 Floribunda Avenue Laurie Davies Adams, Councilmember Hillsborough, CA 94010 Marie Chuang, Councilmember www.hillsborough.net
Christine Krolik, Councilmember 650-375-7400
UNAPPROVED MINUTES
MONDAY, MAY 11, 2026
3:00 PM STUDY SESSION
4:45 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Council Chambers
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.
STUDY SESSION
CALL TO ORDER
Mayor Cole called the meeting to order at 3:05 p.m.
ROLL CALL
Present: Adams, Chuang, Krolik, Ragsdale, Cole
A. Study Session: Proposed FY 2026-27 Budget, Schedule of Fees and Charges, and Proposed Revisions to General Fund Reserve Policy
Finance Director Jan Cooke and Assistant Finance Director Rich Santiago provided the staff report on the proposed FY 2026-27 Budget. Administrative Services Manager William Li, City Manager Doug Davis, and Assistant City Manager Mandy Brown provided additional information. Councilmembers and staff noted minor typographical corrections to be made in the final budget document.
Mayor Cole opened public comment on the FY 2026-27 Budget. There were no speakers.
Mayor Cole closed public comment.
Assistant Finance Director Rich Santiago provided the staff report on the proposed FY 2026- 27 Schedule of Fees and Charges. Management Assistant Nicole De Lancie provided additional information.
Mayor Cole opened public comment on the Schedule of Fees and Charges. There were no speakers. Mayor Cole closed public comment.
Drew Corbett, Principal, DKG Consultants presented a General Fund Reserve analysis and proposed changes to the General Fund Reserve Policy. Finance Director Jan Cooke and City Manager Doug Davis provided additional information.
Mayor Cole opened public comment on the General Fund Reserve Policy. There were no speakers. Mayor Cole closed public comment.
ADJOURN STUDY SESSION
Mayor Cole adjourned the Study Session at 5:01 p.m.
CLOSED SESSION
CALL TO ORDER
Mayor Cole called the meeting to order at 5:01 p.m.
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Unapproved Minutes – Hillsborough City Council
Monday, May 11, 2026
ROLL CALL
Present: Adams, Chuang, Krolik, Ragsdale, Cole
ANNOUNCEMENT OF CONFLICT OF INTEREST ON CLOSED SESSION ITEM(S) There were no announcements of conflict of interest.
PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
Mayor Cole announced the items for Closed Session:
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager
B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Unrepresented employee: City Manager
PUBLIC COMMENT ON CLOSED SESSION ITEM(S)
There were no speakers.
ADJOURN TO CLOSED SESSION IN ADMINISTRATIVE CONFERENCE ROOM The City Council adjourned to Closed Session in the Administrative Conference Room at 5:02 p.m.
The Closed Session adjourned at 5:56 p.m.
REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Cole called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present: Adams, Chuang, Krolik, Ragsdale, Cole
III. PLEDGE OF ALLEGIANCE
Mayor Cole led the Pledge of Allegiance
IV. REPORT FROM CLOSED SESSION
City Attorney Diaz reported the City Council convened in Closed Session to consider two items as listed on the agenda and there was no reportable action under the Brown Act.
V. RECOGNITION
• Hillsborough “I Voted” Sticker Contest Winner
Mayor Cole provided information regarding the Town’s first “I Voted” sticker design contest for youth under the age of 18 for the June 2026 Primary Election, hosted in collaboration with the City of Burlingame. Mayor Cole introduced Hillsborough “I Voted” sticker contest winner, Madeleine. Madeleine provided comments about her sticker design. Councilmembers provided comments.
VI. PROCLAMATIONS
• Mental Health Month
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Unapproved Minutes – Hillsborough City Council
Monday, May 11, 2026
Councilmembers shared in the reading of a proclamation in recognition of May 2026 as Mental Health Month. Eric Valladares, Executive Director at Family Connections, accepted the proclamation and provided brief comments regarding the services provided by the agency.
• Asian American, Native Hawaiian and Pacific Islander Heritage Month Councilmembers shared in the reading of a proclamation in recognition of May 2026 as Asian American, Native Hawaiian and Pacific Islander Heritage Month. Councilmember Chuang presented the proclamation to Hillsborough community members Diane Liu and her daughter.
• National Public Works Week – May 17-23, 2026
Councilmember/Public Works Commissioner Adams read the proclamation. Public Works Director Paul Willis and Deputy Public Works Director Natalie Gribben accepted the proclamation. Councilmembers provided comments. Vice Mayor Ragsdale announced it is currently National Drinking Water Week, which is May 3-9, 2026.
VII. PRESENTATION
• Automated License Plate Reader Update
Chief of Police Melissa Colla and Corporal Christopher Rey provided an update on the Town’s use of Automated License Plate Readers and responded to City Council questions.
VIII. TOWN UPDATE
Assistant City Manager Mandy Brown provided an update on events and activities in the town.
IX. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Anya Dalal, Chair, Hillsborough Youth Commission and Youth Commission Subcommittee chairs provided an update on the activities of the commission.
X. ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.
XI. CONSENT CALENDAR
There were no requests from Councilmembers or from the public to remove an item from the Consent Calendar.
On motion by Councilmember Chuang, seconded by Councilmember Krolik and unanimous on roll call vote, the Consent Calendar was approved.
1. Approve City Council Meeting Minutes of April 13, 2026 The City Council meeting minutes of April 13, 2026 were approved as submitted.
2. Monthly Claims: April 1 through April 30, 2026
The monthly claims for April 2026 were approved as submitted.
3. Resolution Setting the Amount of the Special Tax for Police Protection and Fire Protection and Prevention for Fiscal Year 2026-27
The resolution setting the amount of special tax for police protection and fire protection and prevention for Fiscal Year 2026-27 was adopted.
4. Receive April 2026 Legislative Update
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Unapproved Minutes – Hillsborough City Council
Monday, May 11, 2026
The April 2026 Legislative Update was received.
5. Resolution Approving and Authorizing the City Manager to Execute a Third Amendment to the Existing Agreement with Tetra Tech, Inc. for As-Needed Supervisory Control and Data Acquisition (SCADA) System Professional Services in the Amount of $135,000.00, for a Total Not-to-Exceed Budget of $490,000.00, Under CEQA Guideline 15301 The resolution approving and authorizing the City Manager to execute a third amendment to the existing agreement with Tetra Tech, Inc. for as-needed Supervisory Control and Data Acquisition (SCADA) System Professional Services in the amount of $135,000.00, for a total not-to-exceed budget of $490,000.00, under CEQA Guideline 15301 was adopted.
XII. PUBLIC HEARING
6. Resolution Authorizing the Five-Year Rate Series for Sewer Service Charges for a FiveYear Period Effective July 1, 2026 Assistant Finance Director Rich Santiago introduced the item. Rick Simonson, Senior Vice President, HF&F Consultants, provided the presentation. Director of Public Works Paul Willis provided additional information.
Mayor Cole opened the public hearing at 7:16 p.m.
There were no speakers.
Mayor Cole closed the public hearing at 7:17 p.m.
City Clerk Lisa Natusch reported that the Town received one valid written protest and that to achieve a majority protest, 1,953 protests would have needed to be received.
On motion by Councilmember Adams, seconded by Councilmember Krolik and unanimous on roll call vote, the resolution authorizing the five-year rate series for sewer service charges for a five-year period effective July 1, 2026 was adopted.
7. Resolution Setting and Confirming the Fees and Charges for FY 2026-27 and Resolution Authorizing Water and Sewer Connection Fees for FY 2026-27, Effective July 1, 2026 Assistant Finance Director Rich Santiago provided the staff report. Building & Planning Director Tim Anderson provided additional information.
Mayor Cole opened the public hearing at 7:23 p.m. There were no public comments.
Mayor Cole closed the public hearing at 7:23 p.m.
On motion by Councilmember Chuang, seconded by Councilmember Adams and unanimous on roll call vote, the resolution setting and confirming the fees and charges for FY 2026-27 and the resolution authorizing water and sewer connection fees for FY 2026-27 effective July 1, 2026 were adopted.
8. Receive a Report on Town Vacancies, Recruitment and Retention Efforts in Compliance with Assembly Bill 2561 and Government Code Section 3502.3 Administrative Services Manager William Li provided the staff report. Chief of Police Melissa Colla provided additional information.
Mayor Cole opened the public hearing at 7:42 p.m. There were no speakers. Mayor Cole closed the public hearing at 7:42 p.m.
XIII. NEW BUSINESS
9. Resolution Adopting Two Policies: (1) Policy 421: Disruption of Telephonic or Internet Service During Meetings, in Accordance with Senate Bill 707; and (2) Policy 422: Public Comment Regulations
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Unapproved Minutes – Hillsborough City Council
Monday, May 11, 2026
City Attorney Christopher Diaz and City Clerk Lisa Natusch provided the presentation.
Mayor Cole opened public comment. There were no speakers. Mayor Cole closed public comment.
Following discussion regarding the Public Comment Regulation policy, by consensus, the City Council directed staff to return to the City Council with modifications to Policy 422: Public Comment Regulations at a future meeting.
On motion by Councilmember Krolik, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution adopting Policy 421: Disruption of Telephonic or Internet Service During Meetings, in Accordance with Senate Bill 707, was adopted as amended to add the missing word “muting” in Section 7.b.ii.
XIV. CITY COUNCIL ITEMS
Councilmember Chuang reported the recent Hillsborough Neighborhood Network Townwide Drill was well attended expressed appreciation to staff for their support. Councilmember Chuang reported her attendance at a meeting of the Emergency Services Council and the Hillsborough Schools Foundation Fun Run and reported two SamTrans buses currently display student art in celebration of SamTrans’s 50 years of service in the county.
Councilmember Chuang announced the Central County Fire Department Mandarin Chinese CERT Programs received the California Emergency Service Association’s Coastal Chapter Silver Award at the 2026 California Emergency Service Association Conference in San Diego and displayed a photo.
Councilmember Krolik announced the upcoming Memorial Day Parade and expressed appreciation to staff and volunteers, reported her attendance at a meeting of the Financial Advisory Committee, reported an upcoming meeting of the City Council Subcommittee for the Town Hall Complex Project, and reported her attendance at a meeting of the SFO/Airport Community Roundtable in which upcoming runway resurfacing was discussed.
Councilmember Adams presented slides and reported her attendance at the RethinkWaste Earth Day event in which the Trash to Art Contest winners were announced, the Hillsborough Neighborhood Network Townwide Drill, the Hillsborough Beautification Foundation’s Celebrate May! fundraiser, a Leadership Council San Mateo County Leadership program session, a meeting of the City Council Ad Hoc Subcommittee on the Tobin Clark Site, the City Council Ad Hoc Subcommittee on Commercial Activity Regulations, and the RethinkWaste Ad Hoc Public Education and Outreach Committee.
Vice Mayor Ragsdale reported that she provided public comment in Sacramento regarding the Vehicle License Fee shortfall and at a San Mateo County Board of Supervisors meeting regarding e-bike regulations, and reported her attendance at the San Mateo County Council of Cities meeting in Belmont, the Hillsborough Neighborhood Network Townwide Drill, reported her attendance at the upcoming California Community Choice Aggregators Annual Conference in her role as a member of the Peninsula Clean Energy Board of Directors, and reported her attendance at the Hillsborough Recreation Commission meeting in which a drop in enrollment in preschool programs due to new transitional kindergarten programs was discussed. Vice Mayor Ragsdale reported Hillsborough Recreation may come to the Town in the future for an increased contribution to the Joint Powers Agreement. Vice Mayor Ragsdale reported she attended a session for Mental Health Month for elected officials in which helpful information was provided.
Mayor Cole announced an update from the City Council Ad Hoc Subcommittee on the Tobin Clark Site will be provided at the June City Council meeting and the Ad Hoc Subcommittee will soon transition to a Standing Subcommittee. Mayor Cole reported her attendance at a meeting of Hillsborough Recreation Commission in which a decline in revenue and the need for more adult programming was discussed.
XV. ADJOURNMENT
Mayor Cole adjourned the meeting at 8:50 p.m.
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TOWN OF HILLSBOROUGH
San Mateo County
Sophie Cole, Mayor Town Hall
Leslie Marden Ragsdale, Vice Mayor 1600 Floribunda Avenue Laurie Davies Adams, Councilmember Hillsborough, CA 94010 Marie Chuang, Councilmember www.hillsborough.net
Christine Krolik, Councilmember 650-375-7400
UNAPPROVED MINUTES
MONDAY, JUNE 22, 2026
6:00 PM CITY COUNCIL MEETING
Council Chambers
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.
I. CALL TO ORDER
Vice Mayor Ragsdale called the meeting to order at 6:01 p.m.
II. ROLL CALL
Present: Adams, Chuang, Ragsdale, Cole (via remote participation)
Absent: Krolik
Mayor Cole participated in the meeting remotely under Government Code Section 54953.8.3(c)(4) for care of a parent. Mayor Cole confirmed there were no individuals 18 or older present in the room at her remote location.
III. PLEDGE OF ALLEGIANCE
Vice Mayor Ragsdale led the Pledge of Allegiance.
IV. TOWN UPDATE
Assistant City Manager Mandy Brown provided an update on events and activities in the town.
V. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
There were no speakers.
VI. ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.
VII. PUBLIC HEARING (CONTINUED FROM JUNE 8, 2026)
1. Resolution Authorizing the Five-Year Rate Series for Water Rate Charges for a FiveYear Period Effective July 1, 2026 and Resolution Making Findings and Determinations Regarding Legal Objections – Continued from June 8, 2026 Vice Mayor Ragsdale introduced the item.
City Clerk Lisa Natusch reported that all valid legal objections had been responded to, and all objections and responses had been presented to the City Council.
Vice Mayor Ragsdale opened public comment on the resolution making findings and determinations related to the presentment of objections to the proposed water rates.
There were no speakers.
Vice Mayor Ragsdale closed public comment.
On motion by Councilmember Chuang, seconded by Councilmember Adams and unanimous on roll call vote with Councilmember Krolik absent, the resolution making -7-
Unapproved Minutes – Hillsborough City Council
Monday, June 22, 2026
findings and determinations related to the presentment of objections to the proposed water rates was adopted.
City Attorney Christopher Diaz provided information regarding the requirements of Proposition 218.
Vice Mayor Ragsdale opened the continued public hearing at 6:12 p.m.
There were no speakers.
Vice Mayor Ragsdale closed the continued public hearing at 6:14 p.m.
City Clerk Lisa Natusch reported that the Town received 23 valid written protests and that to achieve a majority protest, 2,067 protests would need to have been received.
On motion by Councilmember Chuang, seconded by Councilmember Adams and unanimous on roll call vote with Councilmember Krolik absent, the resolution adopting maximum rates for water service charges and authorizing the implementation of revenue stabilization factors to the volume charge rates, as necessary, and taking other actions relating thereto was adopted.
VIII. NEW BUSINESS
2. Resolution Approving Amendment No. 3 to the Employment Agreement for City Manager Doug Davis Relating to a Compensation Adjustment
City Attorney Christopher Diaz provided a brief report and announced per the requirements of the Brown Act that the City Manager’s new annual salary would be $371,614.00.
Vice Mayor Ragsdale opened public comment. There were no speakers. Vice Mayor Ragsdale closed public comment.
On motion by Councilmember Adams, seconded by Mayor Cole and unanimous on roll call vote with Councilmember Krolik absent, the resolution approving Amendment No. 3 to the Employment Agreement for City Manager Doug Davis was adopted.
3. Resolution Adopting the 2026 Salary Schedule for the Town of Hillsborough Administrative Services Manager William Li provided the staff report.
Vice Mayor Ragsdale opened public comment. There were no speakers. Vice Mayor Ragsdale closed public comment.
On motion by Mayor Cole, seconded by Councilmember Adams and unanimous on roll call vote with Councilmember Krolik absent, the resolution adopting the 2026 Salary Schedule for the Town of Hillsborough was adopted.
IX. CITY COUNCIL ITEMS
Councilmember Chuang reported her attendance at a meeting of the One Shoreline Board of Directors in which the work plan and budget was adopted and a grant for $962,500 from the San Francisco Bay Restoration Authority for the planning and design of the Brisbane Living Shoreline project was accepted.
X. ADJOURNMENT
Vice Mayor Ragsdale adjourned the meeting at 6:27 p.m.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
2 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Monthly Claims: June 1 through June 30, 2026 SUMMARY: The monthly claims for the month of June 2026 in the amount of $6,769,949.84 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.
ATTACHMENT(S): Monthly Claims Listing
PREPARED BY: Rich Santiago, Assistant Finance Director
RECOMMENDATION: Approve the monthly claims for June 2026 as submitted. -9-
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
3 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Quarterly Treasurer's Report for the Quarter Ending June 30, 2026 SUMMARY: Government Code Section 53646(b) requires that the Quarterly Investment Report be rendered to the City Council during public session within 45 days of the quarter's end.
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.
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.
ATTACHMENT(S): Quarterly Treasurer's Report
PREPARED BY: Rich Santiago, Assistant Finance Director
RECOMMENDATION: Approve the Treasurer's Report for the quarter ending June 30, 2026. -16-
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
4 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Receive June 2026 Legislative Update
SUMMARY: The Town’s legislative consultant, California Public Policy Group (CPPG), has provided a Legislative Summary for June 2026 (Attachment 1).
Attachment 2 includes advocacy letters submitted by the Town since the June 8, 2026 City Council meeting.
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.
ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review under 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.
ATTACHMENT(S):
1. June 2026 CPPG Legislative Summary
2. Advocacy Letters Submitted Since June 8, 2026 City Council Meeting PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Receive the June 2026 Legislative Update. -19-
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 1 Date: July 8, 2026
To: Doug Davis, City Manager
Town of Hillsborough
From: Dane Hutchings
Founder + CEO
California Public Policy Group
Re: CPPG Legislative Summary: June 2026
LEGISLATIVE UPDATE
June Marked Key Deadlines for Legislation and for the State Budget June concluded an active several months for the Legislature, encompassing the June 15 deadline to pass a Budget Act and the bulk of committee hearings leading to the July 2 deadline by which all policy committees must meet and confer on bills in their second house. Bills that remain in motion reside in their second house, meaning that Assembly bills are being heard in the Senate and Senate bills are being heard in the Assembly. June 25 also marked the final day for measures to be added to, or withdrawn from, the November 2026 ballot.
On July 2, the Legislature adjourned for Summer Recess, and when it reconvenes on August 3, with limited exceptions, only appropriations committees may meet to determine the fate of fiscal measures. The deadline for fiscal measures to clear their second-house Appropriations Committee is August 14. The final two weeks of session leading up to the last day of the 2025-2026 legislative session on August 31 are reserved for Floor deliberations only. The Governor has until September 30 to sign or veto all legislation passed by the Legislature after August 1.
Senate Bill 1164
SB 1164 (Cervantes) repeals the California Voting Rights Act of 2001 and replaces it with a new California Voting Rights Act of 2026. Presented as the Legislature’s response to recent U.S. Supreme Court decisions narrowing the federal Voting Rights Act, the bill significantly expands the types of voting-rights claims that may be brought against local governments. While current law is largely focused on challenges to at-large election systems, SB 1164 creates new causes of action for voter suppression and vote dilution and applies broadly to all local agencies that conduct elections, including both general law and charter cities. For agencies that have already transitioned to bydistrict elections, the most consequential change is the elimination of the existing safe harbor.
Under current law, jurisdictions that transition to district-based elections have generally been insulated from CVRA claims. SB 1164 removes that protection and allows challenges to any method of election, including by-district systems with a rotating mayor or by-district systems with an at-large mayor. The bill also places no cap on the number of demand letters a jurisdiction may receive. Under existing law, an at-large jurisdiction that receives a demand letter has a 135-day safe harbor period to transition to districts and is not liable to subsequent demand letters during the transition process.
SB 1164 eliminates that protection. Claims would not require proof of discriminatory intent, and once a plaintiff demonstrates a “material disparity,” a term left undefined in the bill, the burden would shift to the local agency to justify its electoral system. The bill also creates a more plaintifffriendly litigation framework by authorizing one-way attorney’s fee recovery, granting broad standing ATTACHMENT 1
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1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 2 to sue, establishing expedited court procedures, and imposing a new state preclearance requirement on a limited category of jurisdictions with recent voting-rights violations or findings against them.
BUDGET UPDATE
2026-2027 State Budget Finalized
On June 29, Governor Gavin Newsom announced that he had signed the primary budget bill, AB 109 (Gabriel), along with a series of budget trailer bills. He stated that he had delivered a “balanced budget with no deficit this year or next,” consistent with previous statements.
On June 26, the Senate released a summary of the budget agreement that had been reached between the Governor and both houses of the Legislature. The budget agreement approves the Governor's proposal for more than $5 billion in ongoing new revenues, including a federally compliant Managed Care Organization tax, a sales tax on pre-written software products, and a limitation on business tax credits. The budget also provides approximately $375 million for Proposition 36 implementation, including court workload, substance use and mental health treatment, victim support, rehabilitation, and pretrial services. In addition, the budget defers action on the $250 million legislative discretionary allocation within the Greenhouse Gas Reduction Fund and includes changes to the proposal to implement Cap-and-Invest at the California Public Utilities Commission and the California Air Resources Board. The budget provides $700 million for affordable housing programs, including the Multifamily Housing Program and the Low Income Housing Tax Credit program. The budget also includes funding at the California Air Resources Board to support the deployment of zero-emission vehicles (ZEVs). Specifically, it provides $135.5 million in one-time funding for medium- and heavy-duty ZEV incentives through the Clean Truck and Bus Voucher Incentive Project (HVIP), $135.5 million in one-time funding for light-duty ZEV incentives, and $17 million annually for five years for the Clean Cars 4 All program.
VLF
The main budget, passed on June 15, included local government finance item 9210-110-0001 addressing the Vehicle License Fee (VLF) replacement shortfall affecting San Mateo County, structured as two $80 million tranches. The first tranche was a committed appropriation of $76,950,000 to San Mateo County for FY 2024-25 shortfalls tied to R&TC 97.68 and 97.70, with the county distributing proportionate shares to its individual cities. The second tranche was discretionary, authorizing the Department of Finance to augment the item by up to roughly $80 million at its option, a structure that appeared designed to give the state leverage tied to the county and its cities settling their pending litigation. However, on June 26, a budget bill junior was introduced repealing the discretionary provision while preserving the committed $76,950,000. The Legislature passed that bill on June 30, and the Governor signed it, which now requires the Department of Finance to disburse the funds, barring a subsequent budget trailer bill expected in August.
Assembly Bill 179
On June 29, the Legislature passed AB 179 (Committee on Budget). AB 179 is a housing budget trailer bill for the 2025-2026 session that restructures statewide housing and homelessness funding and conditions access to that funding on local housing policy, fee policy, encampment policy, and regional coordination. The bill adds a new chapter on local impact fees under Health and Safety Code Sections 50160 and 50161, which rewards fee waivers in competitive scoring and reduces -21-
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 3 awards to city lead applicants that decline to waive their fees. The bill also establishes a homelessness funding framework—the Round 7 program built on the Sections 50220 through 50246 series—that sets aside 42 percent of base funds for cities of 300,000 or more and conditions all recipient funding on a Prohousing designation, an encampment policy consistent with state guidance, matching funds, and reporting. In addition, the bill restructures the Affordable Housing and Sustainable Communities (AHSC) Program by splitting administration between the Strategic Growth Council and a new Housing Development and Finance Committee. The bill also creates a new Disaster Rebuilding Fund Act administered by CalHFA and includes an administrative building standards provision that applies to all cities. The Governor will likely sign this bill in the next several days.
Senate Bill 417
On June 25, the Legislature passed, and the Governor signed, SB 417 (Limón and Rivas). SB 417 proposes an $11.250 billion housing bond for the November 3, 2026 ballot. If approved by voters, the bond would allocate $10 billion to various housing programs administered by the Department of Housing and Community Development (HCD) and the California Housing Finance Agency (CHFA), and $1.250 billion to support housing programs administered by the California Department of Veteran’s Affairs (DVA).
2026 ELECTIONS UPDATE
California Chamber of Commerce Measure
On June 16, the Secretary of State published on their website that a ballot measure aimed at significantly curtailing the scope and timing of environmental reviews under the California Environmental Quality Act (CEQA) had become eligible for the November ballot, setting the stage for one of the state’s most consequential policy debates of the year. The measure, known as the “Building an Affordable California Act,” is backed by the California Chamber of Commerce and a broad coalition of business, housing, infrastructure, and clean-energy organizations. Supporters argue that California’s environmental review process has become overly burdensome, costly, and vulnerable to abuse, making it more difficult to build the housing, transportation, clean-energy, and infrastructure projects needed to address the state’s affordability and climate challenges.
If approved by voters, the measure would establish new procedures for reviewing designated “essential projects,” including firm deadlines for environmental review and accelerated timelines for public comment and legal challenges. In most cases, public agencies would be required to complete environmental reviews within one year after a project application is deemed complete.
Court challenges to project approvals would also be subject to expedited review. Proponents contend that the measure would reduce project delays, lower development costs, and help address California’s housing shortage and broader cost-of-living challenges. They argue that CEQA litigation and lengthy review processes have become significant barriers to building critical projects across the state. Opponents are expected to argue that the proposal weakens one of California’s most important environmental protection laws. Environmental organizations and local-government advocates are likely to contend that shorter review periods and restrictions on litigation would limit public participation and reduce opportunities to identify and mitigate environmental impacts. The debate comes less than a year after Governor Gavin Newsom and the Legislature enacted major CEQA reforms as part of the state budget package, including new exemptions for many urban infill housing projects. Supporters of the initiative argue that those changes were only a first step and do not go far enough to address systemic barriers to development. Critics, meanwhile, are expected to -22-
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 4 argue that the state should allow the recently enacted reforms to take effect before pursuing more sweeping changes through the ballot box.
Howard Jarvis Taxpayers Association Measure
This measure (#1983/25-0006A1), sponsored by the Howard Jarvis Taxpayers Association (HJTA), would have invalidated certain local tax increases retroactively, eliminated real estate transfer taxes, and imposed stricter requirements on cities and counties seeking to adopt new taxes. It would also have limited future revenue-raising options by increasing voter-approval thresholds for some taxes and restricting the types of taxes local governments may enact. The Legislative Analyst’s Office (LAO), the Legislature’s non-partisan research and advisory division, had estimated that local governments could collectively lose several billion dollars in annual revenue. The measure qualified for the ballot in April 2026.
On June 22, AB 736 (Mark González) was gut-and-amended to serve as the Legislature’s vehicle for negotiating with HJTA in the hope of securing the measure’s withdrawal from the ballot. On June 23, HJTA announced that it had rejected the proposal and would not remove the measure from the November 2026 ballot. On June 25, the Legislature withdrew AB 736 from its scheduled hearing, pausing consideration of the bill after a deal was reached to remove the HJTA-qualified initiative from the November ballot in exchange for placing a narrower constitutional amendment before voters and withdrawing ACA 13 (Ward, 2023). ACA 13 had already qualified for the November 3, 2026, ballot and served as the Legislature’s leverage to bring HJTA to the negotiating table: by raising the bar for initiatives seeking to impose higher voter-approval thresholds, it posed a direct threat to the passage of HJTA’s qualified initiative. Withdrawing ACA 13 was therefore the concession that secured the agreement. The agreement was implemented through two measures: ACA 21 (Rivas) and ACA 22 (Wicks). ACA 21 directed the Secretary of State to withdraw ACA 13 from the November 3, 2026, ballot. ACA 22 placed a narrower constitutional amendment on the ballot that would require a twothirds vote to impose, extend, or increase any local special tax, including those proposed through the voter initiative process, beginning January 1, 2027. By applying the same voting threshold to initiative measures, it would effectively close the “Upland loophole,” under which some courts have held that citizen-sponsored special taxes may be approved by a simple majority. The measure would also prohibit the adoption of new local ad valorem property taxes, including those proposed by voter initiative. Both provisions are expressly drafted to apply notwithstanding the constitutional initiative power and charter city home-rule authority, thereby ensuring their application to citizen initiatives and charter cities alike. Both ACA 21 and ACA 22 received the required two-thirds vote in each house on the afternoon of June 25. Unlike bills, proposed constitutional amendments become eligible for the ballot upon approval by the Legislature and are not subject to the Governor’s signature.
ADMINISTRATIONS ACTIONS UPDATE
High Speed Rail Authority Tax Increment Financing Proposal The California High-Speed Rail Authority continues to advocate for a proposal that would authorize the Authority to cap and capture property and sales tax revenues and exercise land use authority within a half-mile of high-speed rail stations through state-administered tax increment financing (TIF) districts. The Authority argues in its 2026 draft business plan that it should be granted the ability to establish TIF districts to help fund rail construction and operations. The proposal would represent a substantial expansion of state authority, as it would likely require constitutional amendments to vest the Authority with independent taxing authority and land use powers. A local government -23-
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 5 association opposition letter can be found here. As of this writing, the proposal has not yet been introduced in legislative form.
ACTIVE POSITIONED BILLS
• AB 1337 (Ward) Information Practices Act of 1977.
o Location: Senate Privacy, Digital Technologies, And Consumer Protection o Position: Oppose
• AB 1569 (Davies) Pupil safety: electric bicycle: safety and training program. o Location: Senate Appropriations
o Position: Support
• AB 1614 (Dixon) Vehicles: bicycles.
o Location: Assembly Chaptered
o Position: Support
• AB 1621 (Wilson) Planning and Zoning Law: postentitlement phase permits: Housing Accountability Act.
o Location: Senate Appropriations
o Position: Watch
• AB 1761 (Rogers) Electricity: calculation methodology: data disclosure. o Location: Senate Appropriations
o Position: Support
• AB 1903 (Wicks) Construction defects.
o Location: Senate Housing
o Position: Watch
• AB 2111 (Papan) Electricity: transmission planning and transmission facilities. o Location: Senate Appropriations
o Position: Support
• AB 2180 (Ward) Local government: Proposition 218 Omnibus Implementation Act:
proportional cost of service.
o Location: Senate Third Reading
o Position: Support
• AB 2296 (Papan) Planning and zoning: housing element: regional housing needs allocation. o Location: Senate Appropriations
o Position: Support
• AB 2346 (Wilson) Vehicles: electric bicycles and speed limits. o Location: Senate Appropriations
o Position: Support
• AB 2433 (Alvarez) Housing development: density bonus. o Location: Senate Appropriations
o Position: Watch
• AB 2595 (Papan) San Mateo Electric Bicycle Safety Pilot Program. o Location: Senate Third Reading
o Position: Support
• SB 968 (Becker) Community colleges: San Mateo County Community College District. o Location: Senate Chaptered
o Position: Support
• SB 1013 (Cervantes) Automated license plate recognition systems. -24-
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 6 o Location: Assembly Appropriations
o Position: Oppose
• SB 1138 (Padilla) Load-serving entities: resource adequacy requirements. o Location: Assembly Appropriations
o Position: Support
LOOKING FORWARD
• August 3: Legislature reconvenes from Summer Recess
• August 31: Last day for the Legislature to pass bills; end of the session • September 30: Last day for the Governor to sign or veto bills -25-
ATTACHMENT 2
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TOWN OF HILLSBOROUGH
California
Town Hall
Phone: 650-375-7400 | Fax: 650-375-7475 | 1600 Floribunda Avenue, Hillsborough, CA 94010 | www.hillsborough.net June 18, 2026
The Honorable Gavin Newsom
Governor, State of California
1021 O Street, Suite 9000
Sacramento, CA 95814
Re: Budget Request for San Mateo County and its Cities for FY 2023-24 & FY 2024-25 VLF Shortfall
Dear Governor Newsom:
On behalf of the Town of Hillsborough, I respectfully request your support for the Legislature’s appropriation of $80 million to backfill San Mateo, Alpine, and Mono Counties for insufficient local property taxes to offset lost Vehicle License Fee (VLF) revenue, as included in AB 109, the FY 2026-27 Budget Bill. Of this amount, $76,950,000 is allocated to our County and its cities as a partial payment toward a $119 million shortfall incurred in FY 2024-25. I also urge your support for an additional provision in the Budget Bill that would authorize the Director of the Department of Finance (DOF) to allocate an additional $80 million to San Mateo County and its cities to address shortfalls incurred in FY 2023-24 and FY 2024-25.
The State’s in-lieu VLF payment obligation stems from the VLF “Swap,” an integral part of the 2004 Budget compromise. Under that compromise, the State permanently reduced the annual VLF rate, significantly reducing counties’ and cities’ revenues and, for two fiscal years, shifted an additional $1.3 billion in property taxes from counties, cities, and special districts to pay the State’s school funding obligations and address the State’s budget deficit. In exchange, the State guaranteed counties and cities a mandatory “in-lieu” VLF payment for the lost revenues, adjusted annually based on growth in assessed property value. The payment is drawn from non-basic aid school districts' ERAF and property taxes, with the State backfilling the school districts for each dollar so they do not suffer any loss from the in-lieu VLF payment. Through this backfill, the State effectively pays the entire in-lieu VLF amount for every county and city statewide, regardless of the amount.
In San Mateo County, the direct funding sources identified in the statute are insufficient to cover the full amount of the in-lieu VLF payment, resulting in a shortfall. The shortfall is not due to any fault of the County or its cities, and it cannot be offset by recourse to their constitutionally protected returned ERAF monies, which, by law, cannot be reduced to fund the in-lieu VLF payment.
Historically, the State has made counties and cities whole by funding in-lieu VLF shortfalls through a special appropriation in the State budget. This appropriation ensures that San Mateo County and its cities, like all other counties and cities in the state, receive their full in-lieu VLF payment required by law.
We are grateful to the Legislature for including $77 million of the VLF funds owed to San Mateo County and its cities. However, as noted, this amount is only a partial payment toward the $119 million due to the County for FY 2024-25, leaving a $42 million deficit. In addition, the County has not yet received $38 million owed for -27-
June 18, 2026
Budget Request for San Mateo County and its Cities for FY 2023-24 & FY 2024-25 VLF Shortfall
VLF from FY 2023-24, of which $800,000 is owed to our Town, making this the second consecutive year the County has received only a portion of the payment due, for a total of $80 million still unpaid.
Though Hillsborough is a small, primarily residential town, our fiscal health depends on a narrow revenue base — and VLF in-lieu payments are a meaningful part of it. Without a commercial district to generate sales tax revenue, Hillsborough relies disproportionately on property tax-linked revenues and VLF in-lieu funds to finance core municipal services. Our most pressing service needs center on public safety and wildfire preparedness. Hillsborough's heavily wooded hillside terrain places the entire town within or adjacent to the Wildland Urban Interface, and our residents depend on the Town's ability to maintain vegetation management, emergency evacuation routes, and fire prevention programs. A VLF funding shortfall would directly compromise our capacity to keep residents safe from wildfire risk while also maintaining roads, storm drainage, and water systems that serve aging infrastructure.
San Mateo County acknowledges the State’s fiscal constraints. However, without this vital funding, both San Mateo County and its cities will face a significant revenue shortfall, which will undermine capacity to deliver services to residents. We therefore urge your support for this appropriation.
Sincerely,
Dr. Sophie Cole
Mayor
CC: Senate President Pro Tempore, Monique Limon
Chair, Senate Committee on Budget, John Laird
Speaker, California State Assembly, Robert Rivas
Chair, Assembly Budget Committee, Jesse Gabriel
Members, Senate Budget and Fiscal Review Committee
Members, Assembly Budget Committee
Joe Stephenshaw, Director, Department of Finance
Elisa Wynne, Staff Director, Senate Budget and Fiscal Review Committee Christian Griffith, Chief Consultant, Assembly Budget Committee San Mateo County Delegation
San Mateo County Board of Supervisors
San Mateo County Executive
San Mateo County Controller
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
5 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Resolution Approving and Authorizing the City Manager to Execute a First Amendment to the License Agreement Between the Central County Fire Department and the Town of Hillsborough for Temporary Use of 1640 and 1600 Floribunda Avenue, Under CEQA Guideline 15301
SUMMARY: Central County Fire Department (CCFD) has been occupying Town property located at 1640 Floribunda Avenue for temporary office use by administrative staff since January 2025.
CCFD has submitted a request to extend the License Agreement for use of the space through June 30, 2027. It is expected that CCFD will move into their permanent location at the new Burlingame City Hall located at 1440 Chapin Avenue by that time. The agreement also allows for CCFD to terminate the agreement with at least 30 days prior written notice, should the space be completed sooner. The CCFD Board approved the amendment (Attachment 2) at their June 10, 2026 meeting (Attachment 4).
BACKGROUND: Previously, until 2024, administrative offices for CCFD were located at Station 36 on Rollins Road in Burlingame. When Station 36 reopened, there was no longer space available for administrative functions. The Town offered to allow CCFD’s administrative staff to use Town property located at 1640 Floribunda Avenue. The CCFD Board approved the License Agreement on December 11, 2024 and the City Council approved the agreement on January 13, 2025.
Restrictions on Use – The Town recognizes that the facility is located in a single-family neighborhood and the agreement contains restrictions on use of the facilities in keeping with the residential as listed in Section 3.3 of the original agreement, for example these restrictions include not allowing any firetrucks, ambulances, or emergency response vehicles.
FISCAL IMPACT: There is no fiscal impact associated with this item as any costs associated with property management are minimal and provided for in the adopted budget for FY 2026-27. It is estimated that the rental rate for the property could yield around $7,500 per month, representing a total of $225,000.00 in value provided to CCFD for the use of the space during the term of the agreement. While the Town currently has no intention of charging CCFD for use of the space, per the agreement, the Town is tracking the value which it is providing to the department to be considered during future budget discussions.
ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines sections 15301 as the licensing of existing publicly owned structures or facilities with negligible expansion of use. -29-
Agenda Staff Report – Hillsborough City Council
July 13, 2026
ATTACHMENT(S):
1. Resolution
2. First Amendment to the License Agreement Between the Town of Hillsborough and Central County Fire Department
3. License Agreement Between the Town of Hillsborough and Central County Fire Department
4. CCFD June 10, 2026 Staff Report
PREPARED BY: Mandy Brown, Assistant City Manager
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a first amendment to the License Agreement between the Central County Fire Department and the Town of Hillsborough for temporary use of 1640 Floribunda Avenue and 1600 Floribunda Avenue, Under CEQ Guideline 15301, to continue to temporarily house CCFD’s administrative staff while CCFD completes the tenant improvements at the new Burlingame City Hall located at 1440 Chapin Avenue.
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RESOLUTION NO. 26-
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A FIRST AMENDMENT TO THE LICENSE AGREEMENT BETWEEN
CENTRAL COUNTY FIRE DEPARTMENT AND THE TOWN OF HILLSBOROUGH FOR TEMPORARY USE OF 1640 AND 1600 FLORIBUNDA AVENUE, UNDER CEQA GUIDELINE 15301
WHEREAS, the Town of Hillsborough (“Town”) is a municipal corporation organized under the laws of the State of California with the power to own and operate various kinds of facilities and authorize use of those facilities by other public entities; and
WHEREAS, the Central County Fire Department’s administrative staff will be displaced from their current office space at Station 36 located at 1399 Rollins Road in Burlingame; and
WHEREAS, the Town has offered to allow Central County Fire Department to temporarily use certain facilities on Town property located at 1640 and 1600 Floribunda Avenue, Hillsborough; and
WHEREAS, Central County Fire Department wishes to temporarily use the facilities offered by Town to conduct its administrative functions while it searches for a new location for its administrative staff; and
WHEREAS, on January 23, 2025, a License Agreement allowing for use of the Town’s facilities was approved by the City Council; and WHEREAS, the License Agreement has expired, but Central County Fire Department has a continuing need for use of the facilities through June 30, 2027; and
WHEREAS, the Town has proposed to allow for continued use of its facilities pursuant to the amendment to the license agreement.
NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a first amendment to the license agreement between Central County Fire Department and the Town of Hillsborough for temporary use of 1640 and 1600 Floribunda Avenue, under CEQA Guideline 15301.
Mayor of the Town of Hillsborough
Attest: City Clerk
ATTACHMENT 1
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Resolution No. 26-
July 13, 2026
2 This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 13th day of July 2026, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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61236.02003\45023620.1
1 TOWN OF HILLSBOROUGH
FIRST AMENDMENT TO LICENSE AGREEMENT
1. PARTIES AND DATE.
This First Amendment to License Agreement (“Amendment”) is made and entered into this , 2026 (“Effective Date”) by and between the Town of Hillsborough, a municipal corporation organized under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, California 94010 (“Town”) and Central County Fire Department, a California joint powers authority created and operating pursuant to Government Code section 6500 et seq. (“Licensee”). Town and Licensee are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment.
2. RECITALS.
2.1 Town and Licensee entered into that certain License Agreement for Use of Town Facilities, dated as of January 15, 2025, for Licensee’s use of the facilities located at 1640 Floribunda Ave., Hillsborough, California 94010, and related rights described therein (“Agreement”).
2.2 The Agreement expired by its terms on January 15, 2026.
2.3 The Parties desire to reinstate the Agreement, make this Amendment effective as of the Effective Date, and extend the term of the Agreement through June 30, 2027 (“Expiration Date”), unless earlier terminated as provided in the Agreement or this Amendment.
3. AMENDMENT.
3.1 The term of the Agreement is extended through the Expiration Date, unless earlier terminated in accordance with the Agreement or this First Amendment.
3.2 Licensee may terminate the Agreement before the Expiration Date by providing Town with at least thirty (30) days’ prior written notice. Any such early termination shall not relieve Licensee of any obligations that accrued before the Effective Date of termination or that survive expiration or termination of the Agreement.
3.3 Except as expressly amended by this First Amendment, all terms, covenants, and conditions of the Agreement remain unchanged and in full force and effect. [Signatures on following page]
ATTACHMENT 2
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61236.02003\45023620.1
2 IN WITNESS WHEREOF, Town and Licensee have executed this Agreement as of the Effective Date.
TOWN OF HILLSBOROUGH CENTRAL COUNTY FIRE
DEPARTMENT
By: By:
Doug Davis Dave Pucci
City Manager Fire Chief
APPROVED AS TO FORM:
By:___________________________
Christopher Diaz
City Attorney for Town
Best Best & Krieger LLP
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ATTACHMENT 3
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AGENDA ITEM: 6c STAFF REPORT MTG. DATE: June 10, 2026
TO: Board of Directors
DATE: June 10, 2026
FROM: Dave Pucci, Fire Chief
Jean Savaree, General Counsel
APPROVED BY: _____________________________
Doug Davis, CAO
SUBJECT: Resolution Authorizing Execution of a First Amendment to License Agreement Between the Central County Fire Department and the Town of Hillsborough for Use of Town Facilities
Recommendation:
Staff recommends that the Board review and approve a resolution authorizing execution of a First Amendment to License Agreement between the Central County Fire Department (CCFD) and the Town of Hillsborough (Town) for CCFD’s continued use of property located at 1640 Floribunda to temporarily house CCFD’s administrative staff while CCFD completes the build out of space for CCFD’s administrative staff at the new Burlingame City Hall located at 1440 Chapin Ave. (Attachment 1).
Background:
Until 2024, the administrative office for CCFD was located at Station 36 on Rollins Road in Burlingame. In 2024, Station 36 was reopened and, as a result, the space occupied by the administrative staff was no longer available for that use. While CCFD began searching for new permanent administrative office space, the Town offered to allow CCFD’s administrative staff to use Town property located at 1640 Floribunda Ave., Hillsborough. A License Agreement formalizing that arrangement was approved by the Board on December 11, 2024.
The License Agreement, Attachment 2, provides as follows:
CCFD is authorized to occupy the residential house and garage at 1640 Floribunda, Hillsborough. (Facilities) for an initial term of one year. The term may be extended at the Town’s sole discretion if CCFD submits a request for an extension at least 30 days prior to the end of the then-current term. The License Agreement may be terminated at any time for safety reasons (Section 4).
ATTACHMENT 4
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The Facilities are to be used by CCFD for administrative office space during CCFD’s normal business hours (Section 2.3). In addition, CCFD has access to the parking lot at 1600 Floribunda Ave, Hillsborough, to park light administrative, personal, or department passenger vehicles while CCFD staff is using the Facilities (Section 3.1).
The Town retains the authority to supervise and control or terminate activities conducted pursuant to the License Agreement and designates Town Manager Davis or his designee to act as its representative regarding the License Agreement (Section 3.2).
CCFD and its agents and invitees, are prohibited from allowing its vehicles to block a sidewalk or the street, from parking firetrucks, ambulances, or other types of emergency response vehicles at the Facilities, its driveway, or on nearby streets (Section 3.3).
CCFD is further prohibited from constructing or altering any permanent structures, signs, or improvements at the Facilities, conducting unauthorized activities, or damaging the Town’s real or personal property (Section 3.3).
CCFD is prohibited from bringing hazardous material, as defined in the License Agreement, to the Facilities and must immediately notify the Town of any release or suspected release of hazardous material (Section 3.3).
The Town retains the right to utilize the Facilities if necessary and, in this situation, the Town will attempt to minimize the interruption or interference caused to CCFD (Section
3.4).
The License Agreement is not assignable, and the Facilities must be surrendered at the end of the term in the same condition as received. If damage occurs, CCFD will be responsible for all repairs (Section 4.2 and 4.3).
The Town retains the right to cancel the License Agreement if CCFD fails to pay any fee or charge due or fails to cure or initiate cure of any non-compliance within 24 hours of receiving notice of such failure or if there is an emergency requiring cancellation of the license agreement (Section 4.4).
CCFD is obligated to comply with all applicable regulations, codes, and ordinances (Section
4.5) and to pay all utility charges (Section 4.6), but the Town maintains the landscaping and pool located on site (Section 4.7).
The Town retains the right, at CCFD’s expense, to cure any default created by CCFD, but no fees are required to be deposited by CCFD upon execution of the License Agreement (Sections 4.8 -4.10).
CCFD is required to name the Town as an added insured on applicable policies, accept the Facilities in an “AS IS” condition, and indemnify the Town for any claims made resulting from CCFD’s use of the Facilities (Sections 5-Section 8).
The License Agreement is not assignable, nor does it create a joint venture or partnership.
If performance of the License Agreement is impossible, CCFD shall have no right to make a claim for damages (Section 9.1-9.3).
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If possessory interest taxes are levied, CCFD is responsible for payment of those taxes (Section 9.4).
The License Agreement may only be amended or modified by a writing signed by both the Town and CCFD (Section 9.6).
As provided for in Section 4 of the License Agreement, a request to extend the term should have been issued by CCFD prior to December 31, 2025, and through an administrative oversite on the part of CCFD, a request to extend the License Agreement was not issued.
CCFD has recently requested that the License Agreement be reinstated and extended through June 30, 2027.
A proposed First Amendment To License Agreement has been prepared for the Board’s consideration, as shown in Exhibit A of the Resolution (Attachment 2).. If approved by the Board and Hillsborough’s Council, the License Agreement would be reinstated and extended through June 30, 2027. It further provides that CCFD may terminate the License Agreement by providing the Town with at least 30 days prior written notice.
Fiscal Impact:
Costs associated with this agenda item will be minimal and are provided for in the adopted budget for FY 2025-26.
Attachments:
1. Resolution Authorizing Execution of a First Amendment to License Agreement Between the Town of Hillsborough and Central County Fire Department.
2. License Agreement Between the Town of Hillsborough and Central County Fire Department.
3. EXHIBIT A - First Amendment to the License Agreement Between the Town of Hillsborough and Central County Fire Department
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
6 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Resolution Authorizing Application to the Director of Industrial Relations, State of California, for Certificate of Consent to Self-Insure Workers’ Compensation Liabilities
SUMMARY: On October 13, 2025, the City Council approved a resolution authorizing the City Manager to execute all documents necessary to join the Workers’ Compensation Program through Pooled Liability Assurance Network (PLAN) Joint Powers Authority (JPA). This was as a result of the dissolution of the Town’s previous provider of workers’ compensation, the Cities Group. One of the steps necessary to transition out of the Cities Group Joint Powers Authority and into the Workers’ Compensation Program through PLAN JPA is to receive a Consent to Self-Insure Certificate from the Office of Self-Insured Plans (OSIP).
The application for a Consent to Self-Insure requires a resolution approved by the City Council assuming any and all workers’ compensation liabilities. Due to the short window between the dissolution of the Cities Group and the need to join PLAN JPA, the initial Consent to Self-Insure certificate was issued on an interim basis. The attached Resolution complies with the guidelines set by OSIP to apply for permanent certification.
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.
ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review under 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.
ATTACHMENT(S): Resolution
PREPARED BY: Mandy Brown, Assistant City Manager
RECOMMENDATION: Adopt the resolution authorizing application to the Director of Industrial Relations, State of California for Certificate of Consent to self-insure workers’ compensation liabilities.
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RESOLUTION NO. 26-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
AUTHORIZING APPLICATION TO THE DIRECTOR OF INDUSTRIAL RELATIONS,
STATE OF CALIFORNIA, FOR A CERTIFICATE OF CONSENT TO SELF-INSURE WORKERS’ COMPENSATION LIABILITIES
WHEREAS, the Town of Hillsborough’s (“Town’s”) workers’ compensation claims were previously administered by Cities Group Joint Powers Authority; and WHEREAS, on October 13, 2025, the City Council approved that the Town take all necessary steps to transition to join the Workers’ Compensation Program through Pooled Liability Assurance Network (PLAN) Joint Powers Authority (JPA); and
WHEREAS, one of the steps necessary to transition out of the Cities Group Joint Powers Authority and into the Workers’ Compensation Program through PLAN JPA is to receive a Consent to Self-Insure Certificate from the Office of Self-Insured Plans (OSIP); and
WHEREAS, the City Manager or his designee is authorized to execute any and all documents required for the application for such certificate.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby authorizes application to the Director of Industrial Relations, State of California, for a Certificate of Consent to self-insure workers' compensation liabilities.
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 13th day of July 2026, 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
7 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Resolution Approving the Town of Hillsborough City Council Handbook SUMMARY: The Hillsborough City Council Handbook contains information about the functions and operations of the City Council. It serves as a reference document outlining the roles, responsibilities, and operational guidelines for the Mayor and Councilmembers. The handbook is reviewed in election years to ensure alignment with applicable laws, Town policies, and governance best practices. As part of the 2026 City Council Goal Setting process, the City Council identified review and update of the handbook as a priority for the coming year. Staff conducted a review of the handbook, incorporating input from individual Councilmembers and administrative edits, and included those recommendations in the draft handbook.
At the June 8, 2026 City Council meeting, staff presented the City Council Handbook for approval.
The City Council took no action on the handbook and directed staff to return to the City Council with options regarding the selection process and rotation procedures for Mayor and Vice Mayor for discussion. In accordance with that direction, that section of the handbook (Exhibit A) has been updated to reflect pending City Council discussion and any changes will be incorporated into the handbook for formal approval.
BACKGROUND: The City Council Handbook was created in 2005 to document standards of Council operations and relevant regulations and has been distributed to new Councilmembers upon election to the City Council. Since the handbook has not been adopted by the City Council, there is a desire to formally approve the document by resolution.
Staff solicited feedback from Councilmembers and incorporated the feedback into the revised draft document. A summary of changes is listed below:
• Added full list and reference to the relevant City Council policies • Added information related to Councilmember compensation/benefits • Added administrative information related to processes such as travel reimbursements, business cards, and the processing of mail
• Updated references to current State law
• Added hyperlinks to relevant codes and reference materials throughout the document • Updated the ability to amend public comment speaker time from three minutes to no less than one minute at the discretion of the Mayor (Section 6.2) Some suggestions provided may be addressed in a separate policy or document. In those instances, staff will return at a later date with the relevant document and proposed changes for City Council consideration.
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Agenda Staff Report – Hillsborough City Council
July 13, 2026
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.
ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review under 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: Resolution and Exhibit A City Council Handbook PREPARED BY: Mandy Brown, Assistant City Manager and Lisa Natusch, City Clerk RECOMMENDATION: Adopt the resolution approving the Town of Hillsborough City Council Handbook, which incorporates the updates and edits recommended by the City Council and aligns with current policies and practices.
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RESOLUTION NO. 26-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
APPROVING THE TOWN OF HILLSBOROUGH CITY COUNCIL HANDBOOK WHEREAS, a City Council Handbook was developed in 2005 to commit to writing the basic standards of Council operations, and to make such information readily available to all, not just through “past practice” or institutional memory; and
WHEREAS, the City Council Handbook was last updated administratively in 2024 has never formally been approved by City Council; and
WHEREAS, the revised City Council Handbook was reviewed by staff and includes input from individual Councilmembers; and
WHEREAS, the City Manager recommends its approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves the Town of Hillsborough City Council Handbook, attached hereto as Exhibit A, and authorizes staff to update the handbook administratively as necessary for consistency with Council-adopted policies or new State law.
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 13th day of July 2026, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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Town of
Hillsborough
City Council
Handbook
EXHIBIT A
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Adopted by City Council ____, 2026, Resolution No. ___
Table of Contents
Introduction.............................................................................................................................. 1
1. Local Government in Hillsborough ................................................................................... 2
1.1 Council-Manager Form of Government..................................................................... 2
1.2 Mayor and City Councilmembers .............................................................................. 3
1.3 City Council Compensation and Benefits .................................................................. 3
1.4 Responsibilities ......................................................................................................... 3
2. General Rules of Procedure............................................................................................. 4
2.1 Brown Act.................................................................................................................. 4
2.2 Hillsborough Municipal Code (HMC) ......................................................................... 4
2.3 Public Meetings......................................................................................................... 5
2.4 Location of Meetings ................................................................................................. 5
2.5 Teleconferencing....................................................................................................... 5
2.5 Quorum ..................................................................................................................... 7
2.6 Councilmember Attendance...................................................................................... 7
2.7 Minutes of Proceedings............................................................................................. 7
2.8 Rules of Order........................................................................................................... 7
2.9 City Manager............................................................................................................. 7
2.10 City Attorney.............................................................................................................. 8
2.11 City Clerk................................................................................................................... 8
3. Types of Meetings ............................................................................................................ 9
3.1 Regular Meetings ...................................................................................................... 9
3.2 Adjourned Meetings .................................................................................................. 9
3.3 Special Meetings....................................................................................................... 9
3.4 Closed Session Meetings.......................................................................................... 9
3.5 Study Session Meetings.......................................................................................... 10
3.6 Emergency Meetings............................................................................................... 10
4. Mayor, Vice Mayor, Presiding Officer – Duties ............................................................... 11
4.1 Mayor ...................................................................................................................... 11
4.2 Vice Mayor .............................................................................................................. 11
4.3 Presiding Officer...................................................................................................... 11
4.4 Call to Order............................................................................................................ 11
4.5 Preservation of Order.............................................................................................. 11
4.6 Point of Order.......................................................................................................... 11
4.7 Motion to be Stated; Roll Call Vote ......................................................................... 12
4.8 Proclamations ......................................................................................................... 12
5. Order of Business / Preparation of Agenda and Packet ................................................. 12
5.1 Order of Business.................................................................................................... 12
5.2 Agenda Preparation and Availability of Agenda Materials....................................... 13 -53-
Adopted by City Council ____, 2026, Resolution No. ___
5.4 Public Hearing......................................................................................................... 13
5.5 Written Communications ......................................................................................... 13
5.6 Document Review ................................................................................................... 14
6. Conduct of the Meeting .................................................................................................. 15
6.1 Consent Calendar ................................................................................................... 15
6.2 Public Comment on Items not on the Agenda......................................................... 15
6.3 Actions Limited to Posted Agenda .......................................................................... 15
6.4 Ordinances.............................................................................................................. 16
6.5 Resolutions ............................................................................................................. 16
6.6 Motions.................................................................................................................... 16
6.7 Majority Vote Required............................................................................................ 17
6.8 Rights of the Public ................................................................................................. 17
6.9 City Council Items Section of the Agenda ............................................................... 18
7. Public Hearing Procedures............................................................................................. 19
7.1 Introduction ............................................................................................................. 19
7.2 Staff and Written Material Presentation................................................................... 19
7.3 Public Hearing......................................................................................................... 19
7.4 City Council Deliberations and Action ..................................................................... 19
8. Miscellaneous Meeting Rules......................................................................................... 21
8.1 Right of Floor........................................................................................................... 21
8.2 Roll Call Votes......................................................................................................... 21
8.3 Voice Votes ............................................................................................................. 21
8.4 Continuance of an Item ........................................................................................... 21
8.5 Record Regarding Dissent ...................................................................................... 22
8.6 Motion to Reconsider .............................................................................................. 22
8.7 Mayor’s Rights ........................................................................................................ 22
8.8 Appeals ................................................................................................................... 22
8.9 Amendments of Motion ........................................................................................... 22
9. Commissions and Committees....................................................................................... 23
9.1 Appointments to Town and Regional Assignments ................................................. 23
9.2 Committees and Boards.......................................................................................... 23
9.3 Standing Subcommittees and Ad Hoc Subcommittees of the City Council ............. 23
9.4 Local Appointments List .......................................................................................... 23
10. Statutory Requirements and Regulations ................................................................... 25
10.1 Political Reform Act................................................................................................. 25
10.2 Levine Act – Conflicts of Interest Related to Campaign Contributions .................... 25
10.3 Fair Political Practices Commission (FPPC) Filing Requirements........................... 26
10.4 Ethics Training for Public Officials (AB 1234).......................................................... 27
10.5 Sexual Harassment Prevention Training (AB 1661)................................................ 27
10.6 Fiscal and Financial Training (SB 827).................................................................... 27 -54-
Adopted by City Council ____, 2026, Resolution No. ___
11. Communications ......................................................................................................... 27
11.1 All Written Communications are Public Records ..................................................... 27
11.2 Speaking on Behalf of “the Town”........................................................................... 27
11.3 Speaking as an Individual ....................................................................................... 28
11.4 Use of Email............................................................................................................ 28
11.5 Business Cards and Name Badges ........................................................................ 28
11.6 Mail Processing and Councilmember Mailboxes..................................................... 28
12. Administrative Items.................................................................................................... 29
12.1 Conferences and Travel.......................................................................................... 29
12.2 Councilmember Photographs.................................................................................. 29 References......................................................................................................................... 30 -55-
Adopted by City Council ____, 2026, Resolution No. ___ 1 Introduction
This handbook has been prepared to provide a convenient source of information about the functions and procedures of the City Council. It is also intended to assist Councilmembers in carrying out their roles. The information in this handbook is in summary form. For specific details and more complete information, the appropriate sources should be referenced. See References page for source links. -56-
Adopted by City Council ____, 2026, Resolution No. ___ 2
1. Local Government in Hillsborough
The Town of Hillsborough was incorporated in 1910, governed by a City Council. The Town established the Council-Manager form of government. Hillsborough is a General Law city and the City Council is the governing body. The City Council is vested with all the regulatory and corporate powers of a municipal corporation provided for by state law governing general law cities.
The Hillsborough City Council is composed of five Councilmembers directly elected by the voters in the Town to serve a four-year term. The City Council selects the Mayor and Vice Mayor annually. Although not granted special decision-making powers, the Mayor does represent the Town in all ceremonial and official affairs. The Town’s municipal elections are held the first Tuesday after the first Monday in November of even-numbered years. There are no term limits for Councilmembers.
The purpose of the City Council is to establish local laws, set policies, approve or reject programs and projects, allocate funds, approve fees and provide direction to Town staff to implement its policy and administer to the needs of the Town organization. The City Council has the authority to appoint the City Manager, the City Attorney and members to various local and regional committees, commissions and other boards.
Since the Town of Hillsborough is a general law city, as opposed to a charter city, its City Council, as the governing body, must act within the framework of limitations and procedures established by state law such as the California Government Code and the Elections Code. Local laws are established by ordinance and are compiled in the Hillsborough Municipal Code. These laws are enforceable by the Town, and violations can constitute a misdemeanor or an infraction. Other directives and policies of the City Council are recorded in City Council resolutions and City Council minutes.
The City Council meets regularly on the second Monday of the month, or the day after that if the second Monday is a holiday.
1.1 Council-Manager Form of Government
Under the Council-Manager form of government, Hillsborough voters elect the City Councilmembers, who make decisions which determine the policy of the Town.
The City Council is the governing body of the Town responsible for establishing policies and programs. The City Council is responsible to the citizens of the community to see that local policies and laws address both short- and long-term needs, and that citizens receive a return on their tax investment in terms of adequate town services.
While the City Council establishes policies and programs, it is the responsibility of the City Manager to apply and administer those policies to the day-to-day operations of -57-
Adopted by City Council ____, 2026, Resolution No. ___ 3 the Town. The City Manager oversees the total Town operations and is the liaison between the City Council and Town staff.
Teamwork between the City Council and the City Manager is a key element of the Council-Manager form of government. The pooling of skills is essential to resolve the many complex problems that face the Town. The Council-Manager form of government seeks to enhance the effectiveness of local policy-making and municipal operations by bringing together skilled lawmakers, community representatives, and experts in municipal administration and management.
1.2 Mayor and City Councilmembers
The Town of Hillsborough is governed by a five-member City Council elected to fouryear terms on a staggered basis. City Councilmembers are elected in the general election in November of even-numbered years. Each year in December, the City Council selects a Mayor and Vice Mayor from its own membership.
The Mayor is the presiding officer of the City Council. As presiding officer, the Mayor calls City Council meetings to order, announces the order of business as detailed on the agenda, states motions, calls for a vote and announces the results, facilitates and monitors discussions, maintains order, and enforces the City Council’s rules and parliamentary procedure. The Mayor also signs all ordinances, resolutions, and other records of proceedings approved by the City Council.
1.3 City Council Compensation and Benefits
Councilmembers receive no direct compensation for serving on the City Council.
Councilmembers are eligible to receive health insurance coverage (medical, dental, vision) while serving on the City Council, if they elect to do so.
1.4 Responsibilities
The City Council is the elected legislative and policy-making body of the town government. The City Council is responsible to the residents for:
A. Establishing community-wide goals that address short- and long-range needs.
B. Formulating policies that define a course of action that shape town operations.
C. Providing quality services within available resources.
D. Acting as a link between staff and residents.
Strategic planning and goal setting are the tools that enable the City Council to define their vision and determine methods for accomplishing their goals. -58-
Adopted by City Council ____, 2026, Resolution No. ___ 4
2. General Rules of Procedure
2.1 Brown Act
The Ralph M. Brown Act (found in Government Code Sections 54950 through 54963) applies to the Town, the City Council and the Town’s various boards and committees and governs meetings and their procedures. The purpose of the Brown Act is to ensure that almost all aspects of the decision-making process of legislative bodies of local agencies are conducted in public and open to public scrutiny. The Brown Act prohibits closed or secret meetings, except under very special circumstances (i.e.
Closed Sessions).
Councilmembers must be wary of “serial meetings” which violate the Brown Act. A serial meeting occurs under the Brown Act when there is a series of individual meetings, discussions, communications, or contacts with other Councilmembers for the purpose of developing collective concurrence on a topic within the jurisdiction of the legislative body/regarding agency business. Serial meetings can occur when there is an exchange of ideas through an intermediary or through the use of technological devices such as telephone answering machines, e-mail or voicemail.
The Brown Act also establishes requirements for advance notice and a posted agenda before regular meetings take place. The Brown Act requires that the agendas for regular meetings be posted 72 hours before the regular meeting and the agendas for special meetings be posted at least 24 hours before the special meeting. The agenda posting must include the date, time, place, and brief general description of each item of business and must be posted on the Town’s three bulletin boards and on the Town website. (See Section 5.3) Every agenda for regular meetings must provide an opportunity for the public to address the City Council. Furthermore, no action may be taken on an item at any meeting without a quorum present.
2.2 Hillsborough Municipal Code (HMC)
The Hillsborough Municipal Code is available on the Town website and sets forth the regulatory laws of general application to the Town. Local ordinances adopted by the City Council are codified in the municipal code. These laws are enforceable by the Town, and violation constitutes a misdemeanor or infraction. The municipal code is divided into the following categories:
Title 1: General Provisions
Title 2: Administration and Personnel
Title 3: Revenue and Finance
Title 4: Franchises
Title 5: Business Taxes, Licenses and Regulations
Title 6: Animals
Title 8: Health and Safety
Title 9: Public Peace, Morals and Welfare
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Adopted by City Council ____, 2026, Resolution No. ___ 5 Title 10: Vehicles and Traffic
Title 12: Matters Affecting the Right-of-Way – Visibility – Outdoor Fixtures Title 13: Public Services
Title 14: Trees
Title 15: Buildings and Construction
Title 16: Subdivisions
Title 17: Zoning
Other directives and policies of the City Council are recorded in City Council resolutions, policies, or by minute action of the City Council.
Chapter 2.04 of the Hillsborough Municipal Code sets the times and places for City Council meetings, study sessions, the Mayor’s and Vice Mayor’s terms, and the procedure for selecting a Mayor Pro Tempore.
A hard copy Hillsborough Municipal Code book is also available in the City Clerk’s office.
2.3 Public Meetings
All meetings (except Closed Sessions as provided by state law) of the City Council are subject to the Brown Act and must be open to the public. Meetings are recorded and the videos are posted on the Town website within one business day.
2.4 Location of Meetings
The City Council shall meet in the City Council Chambers in Town Hall for all meetings except as otherwise noticed as allowed by the Brown Act. Types of meetings are set forth in Sections 3.1 – 3.6 of this handbook.
2.5 Teleconferencing
Under the traditional teleconferencing rules in the Brown Act (Government Code Section 54953(b)), one or two Councilmembers may participate in a City Council meeting from a location outside of the Town, by audio or video connection or both, provided that:
A. The teleconference location is made accessible to the public; B. Any members of the public attending at the teleconference location are able to address the City Council;
C. The posted agenda for the City Council meeting identifies the teleconference location precisely;
D. An agenda is posted at each teleconference location; and -60-
Adopted by City Council ____, 2026, Resolution No. ___ 6 E. All votes must be by roll call vote.
F. At least a quorum of the body participates within the agency’s jurisdiction.
For example, if a Councilmember is participating in a City Council meeting from a hotel in another city, the Councilmember must conduct the meeting from a location in the hotel that is publicly accessible (lobby, business center, or hotel room if the public can access that location), the agenda must be posted at a place in the hotel where the public is likely to see it, such as on the events board in the hotel lobby, and the agenda must identify the exact location in the hotel where the teleconferencing is to take place.
The telephone must have speaker phone capacity so that if any member of the public does attend the meeting from the teleconference/hotel location, the member of the public as well as the Councilmember will be able to hear the proceedings and participate in them.
As an alternative under more recent teleconferencing legislation, a Councilmember may participate in a City Council meeting remotely under the “just cause” provisions as that term is defined in the Brown Act. Under this legislation, the teleconference location does not need to be made publicly accessible, an agenda does not need to be posted at the teleconference location, and the teleconference location does not need to be identified on the agenda. In order for a Councilmember to use this legislation to attend remotely, they would need to have a just cause basis to do so. “Just cause” is defined in the Brown Act to mean:
1. Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2.
2. A contagious illness that prevents a member from attending in person.
3. A need related to a physical or mental condition that is not subject to subdivision (c) of Section 54953.
4. Travel while on official business of the legislative body or another state or local agency.
5. An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely.
6. A physical or family medical emergency that prevents a member from attending in person.
7. Military service obligations that result in a member being unable to attend in person because they are serving under official written orders for active duty, drill, annual training, or any other duty required as a member of the California National Guard or a United States Military Reserve organization that requires the member to be at least 50 miles outside the boundaries of the local agency. -61-
Adopted by City Council ____, 2026, Resolution No. ___ 7 Effective January 1, 2026, a member of a legislative body with a disability may participate in any meeting of the legislative body by remote participation as a reasonable accommodation under any applicable law.
Use limits, additional requirements and disclosures apply; Councilmembers should consult with the City Clerk and the City Attorney when planning to use any teleconferencing option.
2.5 Quorum
Three members of the City Council shall constitute a quorum necessary to transact business. In the event that a quorum is not in attendance, those Councilmembers attending will be named in the minutes, and they (or the City Clerk, if all Councilmembers are absent) shall adjourn the meeting to a later date and deliver notice of that fact under Government Code Section 54955.
2.6 Councilmember Attendance
Councilmembers are expected to make every effort to attend City Council meetings.
Occasionally, due to business, vacation, family commitments, illness or other unavoidable personal matters, a Councilmember will be unable to attend a City Council meeting. In such cases, the Councilmember shall notify the Mayor or City Manager, or, if neither is available, the City Clerk, prior to the meeting, preferably at least two weeks in advance. If the Councilmember has notified the City Clerk, the City Clerk shall notify the Mayor and the City Manager. Such an absence shall be deemed an excused absence. Any other absence shall be deemed an unexcused absence.
Under Government Code Section 36513(b), the seat of a Councilmember with two consecutive unexcused absences from the regular monthly City Council meeting becomes vacant and shall be filled as any other vacancy.
2.7 Minutes of Proceedings
An account of all public proceedings of the City Council shall be taken by the City Clerk and entered into the official minute books of the City Council. These minutes shall be available to the public following approval by the City Council.
2.8 Rules of Order
To the extent this handbook does not address an issue of parliamentary procedure for legislative body meetings, Robert’s Rules of Order shall apply.
2.9 City Manager
The City Manager shall attend all meetings of the City Council, except as the City Manager otherwise notifies the Mayor. In the City Manager’s absence, the Assistant City Manager or his or her designee shall attend. The City Manager, Assistant City -62-
Adopted by City Council ____, 2026, Resolution No. ___ 8 Manager, or his or her designee, may make recommendations and shall have the right to take part in all discussions of the City Council.
2.10 City Attorney
The City Attorney shall attend all meetings, unless the City Attorney has otherwise notified the Mayor or City Manager. In the absence of the City Attorney, the City Attorney’s designee shall attend. Upon request of the City Council or authorized staff members, the City Attorney or City Attorney’s designee shall give opinions, either written or oral, on questions of law.
2.11 City Clerk
The City Clerk or Deputy City Clerk shall attend all meetings of the City Council. The City Clerk shall file, prepare, and maintain the official record of the City Council and perform other related duties as prescribed by the City Manager. -63-
Adopted by City Council ____, 2026, Resolution No. ___ 9
3. Types of Meetings
3.1 Regular Meetings
Under Hillsborough Municipal Code Section 2.04, regular City Council meetings are held at Town Hall on the second Monday of each month, or the day after if the second Monday is a holiday. Regular meetings begin at 6:00 p.m., but may be called earlier for study sessions, closed sessions, or ceremonial events with the regular business commencing at 6:00 p.m. In the event that a second regular meeting of the City Council is required in any given month, that meeting shall be held on the fourth Monday of the month. Meeting dates, times, and places can be changed further as set forth in the Brown Act and the Hillsborough Municipal Code.
3.2 Adjourned Meetings
Any meeting of the City Council may be adjourned to a later date, place, and time that is before the next regularly scheduled meeting date. This fact needs to be clearly stated at the time of adjournment and a “Notice of Adjournment” must be posted near the door to the meeting room within 24 hours of adjourning the meeting, indicating the facts of the adjournment. If the subsequent meeting occurs within five days of the original meeting, original agenda items may be considered without reposting the agenda. If the subsequent meeting occurs more than five days after the original meeting, a new agenda must be prepared and posted.
3.3 Special Meetings
Special meetings may be called by the Mayor or by a majority of the City Council to review and discuss specific topics as authorized by the Brown Act. The call for a special meeting shall specify the day, hour, and place of the meeting and the subject(s) to be considered. At least 24 hours’ notice shall be given prior to the meeting in the manner prescribed by law. Only matters specified in the notice may be discussed at the special meeting; only urgency ordinances may be adopted at such meetings. Special meetings are open to the public.
3.4 Closed Session Meetings
Under certain specific circumstances, set forth in the Brown Act, the City Council may hold Closed Session meetings. These are noted on the formal agenda in the manner prescribed by the Brown Act. Closed Session meetings are closed to the public, but staff persons/consultants with information relevant to the Closed Session matter may attend as determined by the City Attorney and City Manager. For litigation-based closed sessions, the City Attorney is required to attend as those closed sessions require that legal advice be provided which can only be provided by the City Attorney’s Office. Closed Sessions may be held to discuss certain matters specified by law, including:
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Adopted by City Council ____, 2026, Resolution No. ___ 10 A. Personnel matters;
B. Labor negotiations;
C. Real estate negotiations; and
D. Pending and existing litigation.
Matters discussed during Closed Sessions are confidential and are not to be discussed with anyone outside of the Closed Session. While Closed Sessions are not open to the public, the City Council may be required to report on the votes and actions taken based on what is required in the Brown Act.
3.5 Study Session Meetings
The City Council may meet informally in Study Sessions called by the Mayor or a majority of Councilmembers. The purpose of a Study Session is to give the City Council the opportunity to review items that require more in-depth study than time allows on the regular meeting agenda, and to receive informational reports/items that require no formal action. Study Sessions are open to the public and are subject to the Brown Act. The City Council may not take any formal action at a Study Session and minutes of the discussion shall not be taken. Study Sessions are special meetings, for purposes of the Brown Act, and must comply with the Brown Act’s rules for special meetings.
3.6 Emergency Meetings
In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the City Council may hold an emergency meeting without complying with the 24-hour notice and posting requirements applicable to special meetings. Emergency meetings are open to the public. An “emergency situation” is:
A. An emergency, defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety or both, as determined by a majority of the Councilmembers, or
B. A dire emergency, defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses a peril so immediate and significant that requiring a legislative body to provide a one-hour notice, which is otherwise required for newspapers and radio and television stations that request notice of special meetings, before holding an emergency meeting may endanger the public health, safety, or both, as determined by a majority of the Councilmembers.
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Adopted by City Council ____, 2026, Resolution No. ___ 11
4. Mayor, Vice Mayor, Presiding Officer – Duties
4.1 Mayor
The Mayor is the presiding officer of the City Council. As presiding officer, the Mayor calls City Council meetings to order, announces the order of business as detailed on the agenda, states motions, calls for a vote and announces the results, facilitates and monitors discussions, maintains order, and enforces the City Council’s rules and parliamentary procedure. The Mayor also signs all ordinances, resolutions, and other records of proceedings approved by the City Council. The Mayor shall be elected annually in December by a majority vote of Councilmembers for a one-year term. (HMC Section 2.04.030) Councilmembers may serve as Mayor for two consecutive terms. (Note: the Mayor and Vice Mayor selection and rotation process is pending future City Council discussion as of June 8, 2026.)
4.2 Vice Mayor
The Vice Mayor shall be elected annually by a majority vote of Councilmembers for a one-year term. (HMC Section 2.04.030) Councilmembers may serve as Vice Mayor for two consecutive terms. (Note: the Mayor and Vice Mayor selection and rotation process is pending future City Council discussion as of June 8, 2026.)
4.3 Presiding Officer
The Mayor, if present, shall preside at the meeting of the City Council. In the Mayor’s absence, the Vice Mayor shall preside. In the absence of both, the Mayor Pro Tempore, as defined in Hillsborough Municipal Code Section 2.04.040, shall preside.
The Mayor’s duties during City Council meetings shall apply to the Vice Mayor or the Mayor Pro Tempore when either is conducting the meeting in the Mayor’s absence.
4.4 Call to Order
The Mayor shall call the meeting to order at the hour appointed and when a quorum is present.
4.5 Preservation of Order
The Mayor shall preserve order and decorum and shall confine debate to the item under discussion.
4.6 Point of Order
A motion to raise a point of order (or to call for agenda adherence, or to call for the orders of the day) does not require a second, is not amendable, and is not debatable.
The purpose of the motion is to question whether a matter being discussed is adhering to the agenda item being considered. The custom and practice of the City Council is -66-
Adopted by City Council ____, 2026, Resolution No. ___ 12 that the Mayor will sense the consensus of the City Council to take agenda items out of order, in order to expedite the efficient conduct of the meeting. A formal motion to change the agenda order of business or a formal motion to call for City Council agenda adherence is intended to be used when there is no apparent consensus. The Mayor shall determine all points of order, subject to the right of any Councilmember to appeal to the entire City Council. If an appeal is taken, the question shall be simply whether the decision of the Mayor should be sustained.
4.7 Motion to be Stated; Roll Call Vote
If requested by a Councilmember, or if needed for clarity, the Mayor shall state any motion submitted for a vote and shall announce the result. When any Councilmember is attending the meeting by teleconference, all votes shall be taken by roll call as required by the Brown Act. A roll call vote shall be taken at the request of any Councilmember or as otherwise required by law.
4.8 Proclamations
Proclamations recognizing special events, achievements, or service to the community or Town shall be made at the discretion of the Mayor in accordance with the criteria specified in Policy 420: Flag Flying, Proclamations, and Public Awareness Campaigns Policy.
5. Order of Business / Preparation of Agenda and Packet
5.1 Order of Business
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Announcement of Conflicts of Interest
V. Public Comment on Items not on the Agenda
VI. Presentations
VII. Proclamations
VIII. Recognition
IX. Consent Calendar
X. Public Hearing
XI. Old Business
XII. New Business
XIII. Discussion
XIV. Informational
XV. City Council Items
XVI. Adjournment
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Adopted by City Council ____, 2026, Resolution No. ___ 13
5.2 Agenda Preparation and Availability of Agenda Materials The agenda shall be prepared by the City Clerk under direction of the City Manager according to the procedure that he or she directs. The City Manager may adjust the agenda at his or her discretion. Councilmembers may submit an item for the agenda through the City Manager. The agenda packet, which includes the agenda, staff reports, supporting documents, and public comments (if available), shall be delivered to the City Council on the Thursday preceding the Monday meeting. Most items on the agenda require City Council action or direction, although informational items and other items are also included, as indicated in Section 5.1 above.
Printed materials contained in the agenda packets, except as exempt from public disclosure, will be available on the Town website on the Thursday before the regular meeting, in the City Clerk’s Office, and in Council Chambers at the meeting. If paper copies are requested, there may be a copy charge, based on the Town’s current copy fee, at the discretion of the Town.
If Councilmembers have questions regarding items on the agenda, they are requested to ask questions in advance of the meeting whenever possible. This allows staff time to research the answer and provide a response in a timely manner.
5.3 Agenda Posting
The City Clerk shall post an agenda at least 72 hours before a regular meeting on the Town website and at the following locations:
A. Town Hall, 1600 Floribunda Avenue
B. Fire Station 32, 330 Ascot Drive
C. Fire Station 33, 835 Chateau Drive
The agenda shall specify the date, time and location of the meeting and contain a brief description and a proposed action, if applicable, of each item of business to be transacted or discussed at the meeting.
5.4 Public Hearing
Items requiring a Public Hearing shall be noticed as required by law. The adoption of proposed ordinances generally occurs at the City Council meeting following the meeting at which the proposed ordinance was introduced.
5.5 Written Communications
Any person may submit written comments to the City Council on an agenda item through the City Clerk or via [email protected] and may request that the City Council receive copies in the agenda packet, if such written comments are received by 5 p.m. on the Wednesday prior to the scheduled City Council meeting. -68-
Adopted by City Council ____, 2026, Resolution No. ___ 14 Written comments can be filed with the City Clerk up to two hours before the meeting for distribution to the City Council. Items distributed to the City Council will be made available on the Town website and in Council Chambers at the meeting.
5.6 Document Review
All ordinances, resolutions, and contracts shall, before being placed on the agenda, be approved as to form and legality by the City Attorney, except that where timing so requires, an item may be placed on the agenda prior to the City Attorney’s final review, and any action taken with respect to the item shall be subject to the City Attorney’s approval as to form and legality.
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Adopted by City Council ____, 2026, Resolution No. ___ 15
6. Conduct of the Meeting
6.1 Consent Calendar
Items listed under the Consent Calendar are those items that staff believes will not require City Council discussion and that are routine in nature. The consent items are typically approved in one motion. A Councilmember may remove an item from the Consent Calendar for discussion and/or clarification. Also, any member of the public may request a Councilmember to remove an item from the Consent Calendar to provide comments, for discussion and/or clarification.
6.2 Public Comment
During the Public Comment period, any person may address the City Council on any matter that is within the subject matter jurisdiction of the City Council and that is not on the agenda. In addition, any member of the public has the right to comment, either before or during the City Council’s consideration of the item, regarding any matter on the agenda. Anyone wishing to address the City Council is asked to fill out a Speaker Form and limit comments to three minutes. If there appears to be a large number of speakers, speaking time may be reduced to no less than one minute, at the discretion of the Mayor. Speaking time must be applied equitably to all speakers.
6.3 Actions Limited to Posted Agenda
The City Council shall not take action on any item not appearing on the posted agenda except as set forth in Government Code Section 54954.2(b)(1) regarding emergency, sudden need to take immediate action, and any item continued from a recent past meeting. In addition, the following is allowed:
A. Members of the City Council or staff may briefly respond to statements made or questions posed by persons exercising their right to make a public comment.
B. Councilmembers on their own initiative or in response to questions posed by the public, another Councilmember or staff, may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities.
C. A Councilmember or the entire City Council may provide a reference to staff or other resources for factual information, request staff to report back to the City Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. -70-
Adopted by City Council ____, 2026, Resolution No. ___ 16
6.4 Ordinances
Ordinances are the laws of a municipality enacted by the City Council. Under state law, ordinances are adopted via two readings. At one meeting, staff will present the ordinance, answer questions, and the City Council will be asked to discuss and to introduce the ordinance (first reading). After that meeting, the ordinance will return at the next regularly scheduled meeting and be placed on consent for formal adoption (second reading). If the ordinance is an urgency ordinance, i.e., an ordinance needed for the immediate preservation of public peace, health or safety, and containing a declaration of the facts constituting the urgency, introduction and adoption can occur at the same meeting, which may either be a regular or special meeting. Except for urgency ordinances, there must be at least five days between introduction and adoption of an ordinance. If a proposed ordinance is changed (other than to correct typographical or clerical errors) at the second meeting where it is scheduled for adoption, i.e., after the ordinance has been introduced, it must be reintroduced in its changed form at that same meeting and cannot be passed until at least five days have elapsed since reintroduction. However, a proposed ordinance changed prior to initial introduction is simply introduced in its changed form and no reintroduction is necessary. Following adoption of an ordinance, the City Clerk will assign a number to the ordinance and post according to law.
With a few exceptions, an ordinance becomes effective 30 days after adoption. The 30-day time frame is known as a referendum period. A referendum period is required by state law and is a time frame in which any citizen can file a petition challenging the legality of a recently adopted ordinance. An ordinance can be repealed or amended by a subsequent ordinance. It is the most binding form of action taken by the City Council.
Ordinances adopted by the City Council are codified in the Hillsborough Municipal Code. (See Section 2.2)
6.5 Resolutions
A resolution may be adopted expressing the policy of the City Council on directing certain types of procedural or administrative actions. They are generally used for approving agreements, procedures, or fund appropriations. Resolutions become effective immediately upon adoption.
6.6 Motions
A motion requires majority City Council approval for a procedural or administrative action. Motions are usually used for disposition of business items on the agenda.
When the City Council is not prepared to take a definite action, or when further study or information is needed, the City Council may refer the matter to staff, an advisory body, or a citizens’ group for study or report.
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Adopted by City Council ____, 2026, Resolution No. ___ 17
6.7 Majority Vote Required
A recorded affirmative vote of at least a majority of the City Council, i.e., at least three affirmative votes, shall be necessary to adopt an ordinance, resolution, or order for the payment of money. Urgency ordinances require the affirmative vote of at least four Councilmembers for adoption. Motions and any other matters (not including certain eminent domain actions) may be adopted by a majority of those Councilmembers present.
6.8 Rights of the Public
Any person may address the City Council during Public Comment (see Sections 5.2 and 6.3), as part of a Public Hearing (see Sections 5.4 and 7.3), and before or during the City Council’s consideration of any other agenda item and prior to any vote by the City Council on that item. The following procedures shall be observed when addressing the City Council:
A. Each person addressing the City Council shall step to the podium and is requested, but not required, to state his or her name and address for the record.
B. Speakers may speak for up to three minutes. If there appears to be a large number of speakers, speaking time may be reduced to no less than one minute, at the discretion of the Mayor.
C. All remarks shall be directed to the Mayor and the City Council as a body and not to any particular member.
D. No person, other than members of the City Council and the person having the floor, shall be permitted to enter into the discussion, except as otherwise permitted by the Mayor.
E. Remarks should be focused on the issue at hand. Any person who is disrupting the meeting and stopping the City Council or staff from proceeding with the meeting may be directed by the Mayor to leave the meeting. The Mayor shall discourage demonstrations such as applauding or sounds of disapproval. Unlawful or disruptive behavior shall be dealt with according to law. If necessary, the Mayor shall direct the Police Department to restore order.
Under the requirements of Senate Bill 707, the City Council adopted Policy 421:
Disruption of Telephonic or Internet Service During Meetings to address how the Town will respond to disruptions in telephonic or internet service that prevent members of the public from participating in meetings remotely via Zoom. The policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council to ensure -72-
Adopted by City Council ____, 2026, Resolution No. ___ 18 transparency, public participation, and the continuation of meetings during technological disruptions.
6.9 City Council Items Section of the Agenda
The City Council Items section of the agenda provides an opportunity for the Council Members to make a brief announcement or report on their participation in activities related to any intergovernmental committee assignments they have been assigned. -73-
Adopted by City Council ____, 2026, Resolution No. ___ 19
7. Public Hearing Procedures
7.1 Introduction
The Mayor announces the subject of the Public Hearing.
7.2 Staff and Written Material Presentation
A. The staff member presents the staff summary report. If any written material was received after completion of the agenda packet, staff gives copies of that material to the Councilmembers and to the City Clerk.
B. Councilmembers ask any questions of staff and staff responds.
C. The Mayor declares the Public Hearing open.
7.3 Public Hearing
A. The purpose of the Public Hearing is to hear from any applicant, and allow members of the public to testify in support of, or in opposition to, the matter being heard.
B. The applicant or representative typically speaks first.
C. All other interested persons speak following the applicant or representative.
D. The Mayor instructs members of the public to:
1. Speak from the podium;
2. Provide their name and address (optional) before speaking;
3. Adhere to the designated time limit - up to three minutes, or reduced to one minute at the discretion of the Mayor, if there are a large number of speakers; and
4. Avoid repetition.
E. The applicant or representative is allowed rebuttal time after public comment.
F. The Mayor declares the Public Hearing closed.
7.4 City Council Deliberations and Action
A. The matter is returned to the City Council for deliberation. -74-
Adopted by City Council ____, 2026, Resolution No. ___ 20 B. The City Council may ask questions of speakers and/or staff for clarification.
C. A Councilmember may make a motion to:
1. Approve or not approve the agenda item.
2. Continue the matter to a later date in order to verify information received before or during the Public Hearing.
3. Remand the matter to the Architecture and Design Review Board or other committee or commission, as applicable, for reconsideration.
4. Re-open and continue the Public Hearing to a later date in order to receive new information (e.g. an additional staff report on an issue).
D. The City Council will debate the motion, if seconded, and vote on the motion.
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Adopted by City Council ____, 2026, Resolution No. ___ 21
8. Miscellaneous Meeting Rules
8.1 Right of Floor
Any Councilmember desiring to speak shall first be recognized by the Mayor and shall, with the exception of responding to public comments, confine any remarks to the subject under consideration.
8.2 Roll Call Votes
Upon demand by any Councilmember, made before the “Nays” are called for, a roll call vote shall be taken on the motion before the City Council. The City Clerk shall call the roll. Councilmembers shall not give explanations for their vote during roll call. As noted in Section 4.7, roll call votes are also required when any Councilmember is attending the meeting by teleconference. Roll call votes shall also be taken regarding appeals from a ruling by the Mayor, as set forth in Section 8.8.
8.3 Voice Votes
If a roll call vote is not requested or required, votes shall be by voice (“Ayes”, “Nays”, or “Abstain”).
8.4 Continuance of an Item
A. Continuance by a Councilmember: Any Councilmember may, with the consent of the City Council, request to continue an item, not subject to a deadline, to the next (or later) scheduled meeting. If the Councilmember will not be in attendance at a meeting, the request to continue an item from that meeting to the next (or later) meeting should be personally conveyed to the Mayor or City Manager prior to the meeting.
B. Continuance requested by someone not a Councilmember: Anyone may request a continuance of an item by the City Council. A request for a continuance may be granted by vote of the City Council only if it finds the following:
1. The circumstances necessitating the continuance were beyond the control of the person requesting it; and
2. The need for the continuance arose after:
a. The date of the notice of the Public Hearing was published if the item is subject to a Public Hearing, or
b. The time the City Council agenda was posted for items not subject to a Public Hearing.
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Adopted by City Council ____, 2026, Resolution No. ___ 22
8.5 Record Regarding Dissent
Any Councilmember shall have the right to enter into the public record reasons for dissent or protest against any action carried by the majority.
8.6 Motion to Reconsider
A motion to reconsider any action taken by the City Council may be made in accordance with the following:
A. The motion must be made by a member of the prevailing side although it may be seconded by any Councilmember.
B. The motion must be made prior to the adjournment of the meeting at which the original action was taken or, if the motion has not already been implemented or relied upon in any way, at the next meeting of the City Council.
C. The motion is debatable and has precedence over a pending motion.
8.7 Mayor’s Rights
The Mayor may move, second, and debate from the chair and shall not be deprived of any rights and privileges of a Councilmember.
8.8 Appeals
Any ruling of the Mayor may be appealed at the request of a Councilmember. The Mayor shall call for a roll call vote to determine if the ruling is upheld.
8.9 Amendments of Motion
If a Councilmember wishes to amend a motion that is on the floor, he or she may propose the amendment and ask the Councilmembers who made and seconded the original motion if they will accept the amendment. If the answer is “Yes”, the motion as amended shall be debated and voted upon.
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Adopted by City Council ____, 2026, Resolution No. ___ 23
9. Commissions and Committees
9.1 Appointments to Town and Regional Assignments
At the regular meeting in December or January, the Mayor shall appoint Councilmembers to serve on the various community committees that require a City Council representative. The Mayor shall also appoint two Councilmembers to serve on the Central County Fire Department Joint Powers Agency Board and Hillsborough Recreation Commission Joint Powers Authority Board, and shall appoint a Councilmember as commissioner for each of the following functional areas, under Policy 411: City Council Commissioners:
• Finance and Administrative Services
• Building and Planning
• Police
• Fire
• Public Works (Water, Sewer and Streets)
• Communications
• Sustainability
9.2 Committees and Boards
Advisory Committees and Boards may be created and appointed in accordance with Policy 412: Committees and Boards Policy, the Hillsborough Municipal Code, and applicable state law. The Town has four Committees and Boards advisory to the City Council: Administrative Hearing Panel, Architecture and Design Review Board, Citizens Communication Advisory Committee and Financial Advisory Committee.
9.3 Standing Subcommittees and Ad Hoc Subcommittees of the City Council City Council subcommittees shall be subject to the same rules of procedure as the City Council. Each subcommittee shall consist of two Councilmembers appointed by the City Council at a City Council meeting and shall be staffed by the appropriate staff members. Standing committees having a continuing subject matter jurisdiction or a fixed meeting schedule are subject to the Brown Act, even though the committee has only two Councilmembers. Temporary subcommittees, often referred to as ad hoc subcommittees, serve a limited or single purpose, are not perpetual, and will be dissolved once their specific task is completed and are not subject to the Brown Act.
9.4 Local Appointments List
On or before December 31st of each year, the City Council shall prepare and disseminate, in compliance with Government Code Section 54972, an appointment list of all regular and ongoing boards, commissions, and committees that are appointed by -78-
Adopted by City Council ____, 2026, Resolution No. ___ 24 the City Council. The City Clerk brings this list to the City Council as a Consent Calendar item at the December City Council meeting.
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Adopted by City Council ____, 2026, Resolution No. ___ 25
10. Statutory Requirements and Regulations
10.1 Political Reform Act
The main purpose of the Political Reform Act is to prevent financial conflicts of interest on the part of public officials. The Political Reform Act requires that every public official disclose all financial interests, such as investments, interests in real estate or sources of income, which the official may possibly affect by the exercise of his or her official duties. If a Councilmember has a conflict of interest, the Political Reform Act may require the Councilmember to recuse himself or herself from making or participating in a governmental decision or using his or her official position to influence a governmental decision. Any Councilmember who is required to recuse him or herself should abide by the formal recusal requirements in the Political Reform Act. This generally means the Councilmember should avoid influencing anyone at the Town regarding the matter (i.e. avoid discussing the matter with any Town staff or officials and recusing themselves from any vote on the dais regarding the matter). When recusing from an actual vote on the dais, the Councilmember must orally state the conflict of interest for the public, indicate they are recusing themselves under the Political Reform Act, and then step off the dais and leave the room until the vote is concluded.
A conflict of interest is where an official makes, participates in, or uses his or her official position to influence a governmental decision; it is foreseeable that the decision will affect the official’s financial interest; the effect of the decision on the official’s financial interest will be material; the effect of the decision on the official’s financial interest will be distinguishable from its effect on the public generally. Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them.
The Political Reform Act regulates the receipt, disclosure, reporting and valuation of gifts by public officials. The Act imposes limits on gifts, prohibits honorarium payments, and imposes limits and other restrictions on the receipt of travel payments by public officials. If an official receives a gift with a fair market value of $50 or more from a single source, it must be disclosed on the Fair Political Practices Commission Form 700 Statement of Economic Interests. Gifts totaling more than $630 (calendar year 2026) from a single source during a calendar year are strictly prohibited.
The Political Reform Act of 1974 is available at the California Fair Political Practices Commission’s website, www.fppc.ca.gov.
10.2 Levine Act – Conflicts of Interest Related to Campaign Contributions The Levine Act (California Government Code Section 84308) prohibits Councilmembers from taking part in a proceeding for a license, permit, contract, or other entitlement for use if that Councilmember has received a campaign contribution -80-
Adopted by City Council ____, 2026, Resolution No. ___ 26 in excess of $500 within the prior 12 months from any “party” or “participant” to the proceeding. If a Councilmember has a Levine Act conflict of interest, formal recusal is required where the Councilmember prior to the proceeding, publicly identifies the campaign contribution and who it was from, and then indicates they are formally stepping out of the proceeding.
A Councilmember can return the contribution amount that creates an issue under the Levine Act prior to the proceeding so long as the Councilmember does so within 30 days from the time the official knowns, or should have known, about the contribution and the proceeding, and may thereafter participate.
In addition, a Councilmember cannot accept, solicit, or direct a contribution of more than $500 from a party or participant to the proceeding while the proceeding is pending and for 12 months following the date of the final decision. The Levine Act allows a Councilmember to initiate a cure if they receive a disqualifying contribution from a party or participant to the proceeding while the proceeding is pending or within 12 months following the date of the final decision. The cure provision would require the Councilmember to return any disqualifying contribution amount within 30 days of receiving it and only if they did not accept, solicit, or direct the prohibited contribution knowingly or willfully and if they maintain records of curing the violation.
As the Levine Act is quite complex, consultation with the City Attorney is recommended if a Councilmember believes they may have a Levine Act issue.
10.3 Fair Political Practices Commission (FPPC) Filing Requirements A. Form 460 and 470 – Financial Campaign Statements
If required, Financial Campaign Statements must be filed annually (Form 470) in July; or semi-annually (Form 460) in January and July as required by the FPPC. Form 460 and 470 are filed with the City Clerk’s office.
B. Form 700 – Statement of Economic Interests
The statutes (the Political Reform Act of 1974) provide that certain municipal officers must disclose their “economic interests” periodically on forms provided by the FPPC. The Statement of Economic Interests are due April 1, cover the previous calendar year, or from the last filing period, as required. The City Clerk and the FPPC will notice the obligation, and Councilmembers will file the Statement of Economic Interests electronically with the FPPC using the FPPC’s electronic filing system.
Policy 418: Form 700 Review Policy provides an initial internal February 1 deadline for a draft Form 700 to be submitted to the Filing Officer/City -81-
Adopted by City Council ____, 2026, Resolution No. ___ 27 Clerk to allow City Attorney review of any potential conflicts of interest that could arise with regard to future governmental decisions based on pending Town matters, and to advise these filers of those potential conflicts of interest.
10.4 Ethics Training for Public Officials (AB 1234)
Effective January 1, 2006, State Assembly Bill 1234 requires that Councilmembers receive two hours of Ethics Training every two years. Newly elected Councilmembers must receive their first ethics training within six months of assuming office, then every two years thereafter. The original Certificate of Completion of Ethics Training must be filed with the City Clerk.
10.5 Sexual Harassment Prevention Training (AB 1661)
This bill requires local agency officials, as defined, to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials, and allows a local agency to require employees to receive sexual harassment prevention training or information. Officials must receive at least two hours of training within six months of taking office, then every two years thereafter.
10.6 Fiscal and Financial Training (SB 827)
Effective January 1, 2026, this bill requires local agency officials, as defined, to receive training to provide local officials with the knowledge necessary to properly oversee public funds. Required topics include financial administration and short- and long-term fiscal management, capital financing and debt management, general fiscal and financial planning, and prudent investing and ethics related to public resources, among others. Officials must receive at least two hours of training within six months of taking office, then every two years thereafter.
11. Communications
11.1 All Written Communications are Public Records
All letters, memoranda, email communications, texts and other social media platform writing involving Councilmembers and members of boards and committees, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.
11.2 Speaking on Behalf of “the Town”
When Councilmembers are requested to speak to groups or are asked for the City Council’s position on an issue, the response should reflect the position of the City -82-
Adopted by City Council ____, 2026, Resolution No. ___ 28 Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the City Council voted in support of it.” When representing the Town at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.
11.3 Speaking as an Individual
On occasion, Councilmembers may wish to transmit correspondence on an issue upon which the City Council has yet to take a position or about an issue for which the City Council has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the City Council as a whole, but for themselves as an individual member of the Council.
11.4 Use of Email
Each member of the City Council will be provided with an email account on the Town’s network. The Town’s website provides the public with a link to these email accounts, and the business cards of each Councilmember include the Town email address.
The Town retains all incoming and outgoing email messages from the City Council email accounts on the Town’s server. These email messages are public records and are subject to disclosure under the Public Records Act, with rare exception. In addition, emails or texts related to Town business conducted on a personal email account or device are subject to disclosure under the Public Records Act.
11.5 Business Cards and Name Badges
Councilmembers will be provided with Town business cards and name badges following their election or change in title during their term.
11.6 Mail Processing and Councilmember Mailboxes
Each Councilmember has a labeled mail slot (“mailbox”) in the copy/mail room at Town Hall. Postal mail and other materials addressed to Councilmembers will be left in Councilmember mailboxes for pick up and any materials in Councilmembers mailboxes on City Council agenda packet preparation day will be delivered with the Councilmember’s agenda packet.
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Adopted by City Council ____, 2026, Resolution No. ___ 29
12. Administrative Items
12.1 Conferences and Travel
The Town has an annual budget for City Council attendance at conferences and meetings for training, development, and professional networking. The City Clerk coordinates registration and hotel reservations. Councilmembers are responsible for making their own flight reservations. Councilmember reimbursement for transportation, meals, lodging, mileage and other approved travel costs must be requested using the Town’s Reimbursement Request for Travel Costs Paid by a City Councilmember form with receipts attached. A per diem reimbursement will be made for meals based on the U.S. General Services Administration per diem rate for the travel destination zip code.
Mileage will be reimbursed at the IRS standard mileage rate for business use.
12.2 Councilmember Photographs
Following Councilmember election, the City Clerk will coordinate with the Councilmember for an official Councilmember photograph per the Town’s specifications for placement on the City Council photo wall at Town Hall and for use on the Town website, with costs to be paid for by the Town. -84-
Adopted by City Council ____, 2026, Resolution No. ___ 30 References
1. Ralph M. Brown Act (California Government Code Section 54950 et seq.)
2. Open & Public VI: A Guide to the Ralph M. Brown Act
3. California Public Records Act (California Government Code Section 7920 et seq.)
4. The People’s Business: A Guide to the California Public Records Act
5. Hillsborough Municipal Code
6. Council Policies:
401 - Change of Address
402 - Amicus
404 - Site Visits
405 - Charitable Grants
407 - Fundraising Events
408 - Purchasing
408 B - Environmental Purchasing
409 - Fiscal
410 - Investments
411 - City Council Commissioners
412 - Council Committee and Boards
413 - Cable - Government and Education Channel
414 - Disposition of Surplus Equipment and Vehicles
415 - Settlement of Claims
416 - Art in Public Places
417 - Federal Emergency and Federal Grant Procurement Procedures 418 - Form 700 Review Policy
419 - Memorial and Donation Policy
420 - Flag Flying Proclamation and Public Awareness Campaigns Policy 421 - Disruption of Telephonic or Internet Service During Meetings -85-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
8 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Approve and Authorize the Mayor to Sign a Letter in Support for AB 1821:
California Public Records Act: Agency Response Time
SUMMARY: The Town of Hillsborough (“Town”) has a legislative platform that enables the Mayor to sign letters of support or opposition of legislation that is in accordance with the agreed upon policy decisions, as agreed upon by the City Council. For areas that fall outside of that platform, staff seeks approval from the full City Council for authorization to officially support or oppose legislation. The attached draft letter regarding AB 1821-California Public Records Act: Agency Response Time is in support of a clarification to the California Public Records Act to calculate agency response periods in business days rather than calendar days. Supporting this legislation is in alignment with the Town's adopted goals, specifically the goal to "Improve Transparency, Efficiency, and Customer Service." This proposed change will allow the Town to allocate staff resources more effectively while still maintaining transparency.
This topic and others can be added to the legislative platform in the future to eliminate the need for specific Council approval, should the full City Council wish to add it.
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.
ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review under 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.
ATTACHMENT(S): Draft Letter of Support – AB 1821
PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Approve and authorize the Mayor to sign a letter of support for AB 1821:
California Public Records Act: Agency Response Time.
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TOWN OF HILLSBOROUGH
California
Town Hall
Phone: 650-375-7400 | Fax: 650-375-7475 | 1600 Floribunda Avenue, Hillsborough, CA 94010 | www.hillsborough.net July 14, 2026
The Honorable Blanca Pacheco
California State Assembly
1021 O Street, 4510
Sacramento, CA 95814
Re: Assembly Bill 1821—California Public Records Act: Agency Response Time—SUPPORT (As Amended June 25, 2026)
Dear Assemblymember Pacheco:
On behalf of the Town of Hillsborough, I write in support of Assembly Bill 1821, which would make a narrow but important clarification to the California Public Records Act by calculating response periods in business days rather than calendar days.
Public agencies are committed to transparency and providing timely access to public records. At the same time, the volume, complexity, and format of public records has changed significantly. Records requests now routinely include large volumes of email, text messages, electronic files, video recordings, body-worn camera footage, and other digital records that must be searched, reviewed, and, when legally required, redacted prior to release. This work often requires coordination among multiple departments, information technology staff, legal counsel, and records personnel.
Current law requires an agency to make its initial determination within 10 calendar days, with a possible 14- calendar-day extension under unusual circumstances. Because those timeframes include weekends and holidays, agencies may not receive the full number of working days needed to conduct a careful and legally compliant review. AB 1821 would provide a more practical and consistent framework by changing those periods to 10 business days and 14 business days.
For the Town of Hillsborough, public records requests have increased significantly and become more complex in recent years. In FY 2025-26, the Town received 237 records requests, and many requests required review of voluminous emails and department files prior to release. Even when staff work diligently, weekends and holidays can materially reduce the actual time available to complete the required review. AB 1821 would provide a more realistic timeline while preserving the public’s right to access disclosable public records. A business-day standard would not reduce an agency’s obligation to respond to records requests or make disclosable records available. Rather, it would help ensure that agencies have a reasonable opportunity to identify responsive records, determine whether exemptions apply, protect confidential or legally protected information, and provide accurate responses.
California’s local agency clerks, records managers, and public records professionals see firsthand how important it is to balance prompt public access with careful legal compliance. AB 1821 supports that balance by recognizing that public records work is not simply a matter of locating a document; it frequently requires thoughtful review to protect privacy, privileged communications, confidential information, and other records -87-
July 14, 2026
Town of Hillsborough – Support for AB 1821
exempt from disclosure under state or federal law.
For these reasons, we are pleased to support AB 1821 and thank you for your leadership on this most important issue. Should you have any questions, please contact our legislative advocate Dane Hutchings with California Public Policy Group at (916) 230-6935.
Sincerely,
Dr. Sophie Cole
Mayor
CC: Honorable Members of the Senate Judiciary Committee The Honorable Josh Becker, Senate District 13
The Honorable Diane Papan, Assembly District 21
California Municipal Clerks Association
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
9 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Resolution Approving and Authorizing the City Manager to Execute a Second Amendment to the Urban County Cooperation Agreement with the County of San Mateo for Federal Fiscal Years 2027-2029
SUMMARY: San Mateo County is requalifying as an Urban County with the U.S. Department of Housing and Urban Development (HUD) for Federal Fiscal Years 2027–2029. As a participating non-entitlement jurisdiction, the Town of Hillsborough (“Town”) is required to approve a Second Amendment to the existing Urban County Cooperation Agreement in order to remain eligible for federal Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs administered through the County. The proposed amendment incorporates HUD-required updates to the existing agreement, extends the qualification period, and authorizes the City Manager to execute the amendment on behalf of the Town.
BACKGROUND: San Mateo County is in the process of requalifying as an Urban County with the U.S. Department of Housing and Urban Development (HUD) for the Federal Fiscal Years 2027- 2029 funding cycle. As a non-entitlement jurisdiction, the Town participates in the San Mateo County Urban County through a Cooperative Agreement originally executed in 2017 and subsequently amended in 2023.
Participation in the Urban County allows the Town to remain eligible for federal housing and community development programs administered by the County, including the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs. The existing Cooperative Agreement provides for automatic renewal every three years unless either party elects not to participate or amendments are required by HUD.
For the 2027-2029 qualification cycle, HUD has required updates to the Cooperative Agreement and now requires approval of those amendments by each participating jurisdiction's governing body. The proposed Second Amendment extends the agreement through Federal Fiscal Years 2027-2029, with automatic renewal for one subsequent three-year qualification period unless either party elects not to participate. The amendment also incorporates HUD-required revisions to program administration, fair housing certifications, and Urban County qualification requirements, and includes additional provisions related to the administration of Urban County funding.
Approval of the second amendment will maintain the Town's participation in the San Mateo County Urban County and preserve its eligibility for applicable federal housing and community development funding programs.
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Agenda Staff Report – Hillsborough City Council
July 13, 2026
FISCAL IMPACT: There is no direct fiscal impact associated with approval of the second amendment. Approval will maintain the Town's eligibility to participate in the San Mateo County Urban County and to receive federal Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) funding administered through the County. Failure to approve the amendment would result in the Town's exclusion from the Urban County for the 2027-2029 qualification period and the loss of eligibility for these federal funding programs.
ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review under 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:
1. Resolution
2. Second Amendment to the Urban County Cooperation Agreement PREPARED BY: Liz Ruess, Assistant Director of Building and Planning RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a second amendment to the Urban County Cooperation Agreement with the County of San Mateo for Federal Fiscal Years 2027-2029.
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RESOLUTION NO. 26-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO THE URBAN COUNTY COOPERATION AGREEMENT WITH THE
COUNTY OF SAN MATEO
WHEREAS, the Town of Hillsborough (“Town”) is a participating member of the San Mateo County Urban County for purposes of receiving federal housing and community development funding administered by the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the Town and the County of San Mateo entered into an Urban County Cooperation Agreement in September 2017, which was subsequently amended in 2023; and
WHEREAS, San Mateo County is requalifying as an Urban County for the Federal Fiscal Years 2027, 2028, and 2029 funding cycle, and HUD requires participating jurisdictions to approve amendments to the Cooperation Agreement as part of the requalification process; and
WHEREAS, the proposed second amendment updates the Cooperation Agreement to reflect HUD-required revisions, extends the agreement through the 2027- 2029 qualification period, and provides for automatic renewal for one subsequent three-year qualification period unless either party elects not to participate; and
WHEREAS, approval of the second amendment will maintain the Town's eligibility to participate in Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs administered through the San Mateo County Urban County; and WHEREAS, the City Council finds that approval of the second amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5), as it constitutes continuing administrative and organizational activities of government that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a second amendment to the Urban County Cooperation Agreement with the County of San Mateo for Federal Fiscal Years 2027-2029.
Mayor of the Town of Hillsborough
ATTACHMENT 1
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Resolution No. 26-
July 13, 2026
2 Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 13th day of July 2026, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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County of San Mateo Cooperative Agreement Amendment
Cooperation Agreement dated September 20, 2017 Amendment Number: 2 (Second) Cooperation Agreement Amendment #1 dated July 2023
Agreement between the COUNTY OF SAN MATEO and the CITY OF HILLSBOROUGH
THE AGREEMENT IS CHANGED AS FOLLOWS
I. Witnesseth Section is hereby ☐ added ☒ amended as follows:
Adds the following emboldened, italicized phrase:
WHEREAS, the County of San Mateo has heretofore qualified as an urban county under the Act, the County again solicits the cooperation and co-participation of public entities such as the City in its application for federal assistance under the Act for Federal Fiscal Years 2027, 2028 and 2029 and one subsequent three-year period thereafter; and
II. Witnesseth Section is hereby ☐ added ☒ amended as follows:
Adds the following as a new Whereas provision:
WHEREAS, the City Executive of the City is authorized to execute this Amendment on the City’s behalf, and the County Executive is authorized to execute this Amendment on the County’s behalf.
III. Section 1 (Purpose) is hereby ☐ added ☒ amended as follows:
Replaces the first sentence with the following emboldened, italicized phrase:
“The County and City agree to cooperate to undertake, or assist in undertaking, essential community development and housing assistance activities in and for the benefit of the City, as approved or authorized between the parties in the CDBG Agreements, including the Consolidated Plan. This Agreement includes...” IV. Section 2 (Term), 1 is hereby ☐ added ☒ amended as follows:
Amends and restates the first paragraph in its entirety as follows:
“This Agreement shall remain in effect for the three-year program period of Federal Fiscal Years 2027, 2028 and 2029, and until funds granted and program income received during the three-year program period are expended and the funded activities completed. Neither the County nor the Municipality may terminate, withdraw, or be removed from the program during the three-year program period. The Agreement will renew automatically for participation in one successive three-year Urban County qualification period (Federal Fiscal Years 2030, 2031, and 2032), unless the Municipality or the County provide written notice to the other party that it elects not to participate in a new qualification period. The terminating party shall send a copy of the notice of termination to the HUD field office by the date specified on the HUD Exchange Uran Counties website. The County will notify the Municipality in writing of the Municipality’s right to make this election. A copy of the County’s notification must be sent to the HUD field office by the date specified on the HUD Exchange Urban Counties website.” ATTACHMENT 2
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V. Section 3 (County’s Responsibilities as Applicant) is hereby ☐ added ☒ amended as follows:
Amends and restates Paragraphs 4 and 5 of Subsection a. in their entirety as follows:
“Therefore, the County and City agree to cooperate to undertake, or assist in undertaking, essential community development and housing assistance activities in and for the benefit of the City, as approved or authorized between the parties in the CDBG Agreements, including the Consolidated Plan. The County and City will also strictly adhere to the Consolidated Plan as approved and to all assurances and certifications provided to HUD, including taking all actions necessary to comply with the Urban County’s certifications under Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, that the grant will be conducted and administered in conformity with:
• Title VI of the Civil Rights Act of 1964, implementing regulations at 24 CFR Part 1; and • the Fair Housing Act, and implementing regulations at 24 CFR Part 100 and will comply with the obligation to affirmatively further fair housing; and
• Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates: Section 504 of the Rehabilitation Act of 1973, and the • implementing regulations at 24 CFR Part 8; and
• Title II of the Americans with Disabilities Act of 1974, and the implementing regulations at 28 CFR Part 35; and
• the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR Part 146; and • Section 3 of the Housing and Urban Development Act of 1968; and • Uniform Relocation and Real Property Policies Act of 1970 and the implementing regulations at 49 CFR Part 24; and
• Section 104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CFR Part 42; and
• all other applicable laws and regulations.
The Parties acknowledge that the Urban County is a plaintiff in King County et al. v. Turner et al., 2:25-cv-00814- BJR (W.D. Wash.) and through this litigation has obtained a Preliminary Injunction against HUD. To the extent that this Agreement purports to impose terms or conditions that are enjoined pursuant to that Preliminary Injunction, the Urban County is not bound to those enjoined terms or conditions.
The Parties agree that Urban County funding in no event will be used for activities in, or in support of, any cooperating unit of general local government that impedes the County’s actions to comply with the County’s fair housing certification and duty to affirmatively further fair housing. This provision is required because noncompliance by a unit of general local government included in an urban county may constitute noncompliance by the grantee (i.e. the Urban County) that can, in turn, provide cause for funding sanctions or other remedial actions by the Department.”
VI. Section 3 (County’s Responsibilities as Applicant), is hereby ☐ added ☒ amended as follows:
Amends and restates Subsection c. in its entirety as follows:
“Parties to this Agreement understand and agree that they may not sell, trade, or otherwise transfer all or any portion of CDBG funds to a Metropolitan City, Urban County, unit of general local government, or insular area that directly or indirectly receives CDBG funds in exchange for any funds, credits, or nonFederal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended.”
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VII. Section 5 is hereby ☐ added ☒ amended as follows:
Adds the following italicized and underlined language:
The City and County has each adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civilrightsdemonstrations; b. A policy ofenforcing applicable State and local laws against physically barring entrance to or exitfrom a facility or location which is the subject ofsuch non-violent civil rights demonstrations within jurisdictions.
VIII. Section 8 (County’s Responsibility to City), is hereby ☒ added ☐ amended as follows:
Adds the following new Subsection d.:
“d. The Urban County agrees that the CDBG funds that the Municipality is entitled to will be utilized to benefit the Municipality.”
IX. Section 10 (Program Income) is hereby ☐ added ☒ amended as follows:
Amends and restates Subsection e. in its entirety as follows:
“e. The County and Municipality shall not terminate or withdraw from the Agreement while it remains in effect.
The County may transfer the program income to the Metropolitan City, upon its termination of Urban County participation, provided that the Municipality begins participating as an independent CDBG Entitlement grantee and agrees to use the program income in its own CDBG Entitlement program.” X. Section 13 (Minor Amendments to the Agreement) is hereby ☐ added ☒ amended as follows Amends and restates Section 13 in its entirety as follows:
13. Amendments to the Agreement.
“The Parties agree to adopt amendment(s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s), when applicable. Failure by either Party to adopt any such amendment, and to submit such amendment to HUD, will void the Agreement for such qualification period.” Other changes: None
I hereby certify that the requested changes are required per the United States Department of Housing and Urban Development.
________ June 4, 2026_____ Karen Coppock___________
Requestor Signature Date Requestor Name (please print)
County of San Mateo County of San Mateo
HCD Supervisor_____________
Requestor Title (please print)
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This change is effective as of: July 1, 2027
ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT REMAIN UNCHANGED.
In witness of and in agreement with this Amendment’s terms, the Parties, by their duly authorized representatives, affix their respective signatures:
For City:
___________________________ ___________________ __________________________________ Signature Date Name (please print)
(City Manager)
For County:
____________________________ ____________________ _________ ______________________ Signature Date Name (please print)
(County Executive)
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
10 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with Environmental Science Associates for Phase 2 California Environmental Quality Act (CEQA) Environmental Review Services for the Crystal Springs Uplands School Enrollment Increase Project
SUMMARY: At its March 9, 2026 meeting, the City Council received an overview of the proposed Crystal Springs Uplands School enrollment increase request and the anticipated two-phase CEQA review process.
This staff report seeks City Council approval of the Phase 2 Professional Services Agreement with Environmental Science Associates (ESA) to prepare the CEQA document for the proposed Crystal Springs Uplands School enrollment increase project.
The Town structured the environmental review in two phases:
• Phase 1 includes preparation of the technical environmental studies needed to evaluate the project.
• Phase 2 consists of preparation of the CEQA document using the technical studies completed during Phase 1.
The Phase 1 agreement, totaling $67,593, was approved by the City Manager pursuant to the Town's purchasing authority and work is currently underway.
Because the Phase 2 agreement, in a not-to-exceed amount of $93,791.00, exceeds the City Manager's purchasing authority established by the Town's Purchasing Policy, City Council approval is required before the agreement can be executed.
Although the Town is the contracting agency responsible for overseeing the CEQA process, all consultant costs associated with the agreement will be funded through the applicant's deposit account in accordance with the Town's standard development review cost recovery procedures.
Accordingly, approval of the agreement will not result in any General Fund expenditure or financial obligation to the Town.
BACKGROUND: At its regular meeting on March 9, 2026, the City Council received an overview of the proposed Crystal Springs Uplands School enrollment increase request, the anticipated environmental review process under the California Environmental Quality Act (CEQA), and provided input regarding issues and areas of concern to be evaluated as part of the environmental review.
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Agenda Staff Report – Hillsborough City Council
July 13, 2026
Consistent with that direction, the Town subsequently entered into a Professional Services Agreement with Environmental Science Associates (ESA) for Phase 1, which consists of preparation of the technical studies necessary to evaluate the project's potential environmental impacts.
These studies include transportation, noise, air quality, greenhouse gas emissions, biological resources, and cultural and tribal resources, and establish the technical foundation for the environmental review. Consistent with ESA's proposal, the work was divided into two phases so that the technical analyses could be completed first and then incorporated into the CEQA document under a separate Phase 2 scope of work.
ESA has now submitted the proposed Phase 2 scope of work, which includes preparation of the CEQA document, incorporation of the Phase 1 technical studies, coordination throughout the public review process, preparation of responses to comments, revisions to the environmental document as necessary, and attendance at public hearings through completion of the CEQA process.
Approval of the proposed agreement authorizes consultant services necessary to prepare the environmental documentation and does not constitute approval of the proposed enrollment increase, any land use entitlement, or the adequacy of the CEQA analysis.
While the City Manager had authority to approve the Phase 1 agreement because it fell within the purchasing authority established by the Town's Purchasing Policy, the proposed Phase 2 agreement exceeds that authority and therefore requires City Council approval.
FISCAL IMPACT: In accordance with the Town's standard development review cost recovery procedures, the applicant is required to deposit funds with the Town in an amount sufficient to fully fund the Professional Services Agreement prior to commencement of work. Consultant invoices will be paid from the applicant's deposit account. Accordingly, approval of the agreement will not result in any General Fund expenditure or financial obligation to the Town.
ENVIRONMENTAL ISSUES: The proposed action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15378(b)(2) and 15378(b)(5), because approval of a professional services agreement for preparation of environmental documentation is an administrative activity that will not result in a direct or indirect physical change in the environment. Approval of this agreement does not constitute approval of the proposed project or any determination regarding the adequacy of the CEQA analysis.
ATTACHMENT(S):
1. Resolution
2. Phase 2 Professional Services Agreement
PREPARED BY: Liz Ruess, Assistant Director of Building and Planning RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a Professional Services Agreement with Environmental Science Associates (ESA) for -109-
Agenda Staff Report – Hillsborough City Council
July 13, 2026
Phase 2 CEQA environmental review services for the Crystal Springs Uplands School Enrollment Increase Project.
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RESOLUTION NO. 26-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES FOR PHASE 2 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ENVIRONMENTAL REVIEW SERVICES FOR THE PROPOSED CRYSTAL
SPRINGS UPLANDS SCHOOL ENROLLMENT INCREASE PROJECT
WHEREAS, Crystal Springs Uplands School has submitted an application requesting discretionary approvals related to an increase in student enrollment at its existing Hillsborough campus; and
WHEREAS, the Town of Hillsborough (“Town”) is the lead agency responsible for environmental review of the proposed project pursuant to the California Environmental Quality Act ("CEQA"); and
WHEREAS, the Town retained Environmental Science Associates ("ESA") to provide independent environmental consulting services in support of the CEQA review for the proposed project; and
WHEREAS, the proposed Professional Services Agreement with ESA for Phase 2 CEQA environmental review services is in a not-to-exceed amount of $93,791.00; and
WHEREAS, the amount of the proposed agreement exceeds the City Manager's purchasing authority under the Town's Purchasing Policy and therefore requires City Council approval; and
WHEREAS, under the Town's standard development review cost recovery procedures, the applicant is required to deposit funds with the Town in an amount sufficient to fully fund the Professional Services Agreement prior to commencement of work, and consultant invoices will be paid from the applicant's deposit account; and
WHEREAS, approval of the Professional Services Agreement authorizes consultant services necessary to prepare environmental documentation and does not constitute approval of the proposed enrollment increase, any land use entitlement, or the adequacy of the CEQA analysis; and
WHEREAS, approval of the Professional Services Agreement is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5), because approval of a professional services agreement for preparation of environmental documentation is an administrative activity that will not result in a direct or indirect physical change in the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a ATTACHMENT 1
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Resolution No. 26-
July 13, 2026
2 Professional Services Agreement with Environmental Science Associates for Phase 2 California Environmental Quality Act (CEQA) environmental review services for the proposed Crystal Springs Uplands School Enrollment Increase Project.
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 13th day of July 2026, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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1 TOWN OF HILLSBOROUGH
PROFESSIONAL SERVICES AGREEMENT FOR
PHASE 2 CEQA CONSULTING SERVICES FOR THE
CRYSTAL SPRINGS UPLANDS SCHOOL PROJECT
This Agreement is made and entered into as of June____, 2026 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 Environmental Science Associates, a California corporation with its principal place of business at 575 Market St, Suite 3700, San Francisco, CA 94105 (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:
Technical Consulting Services for the Phase 2 CEQA scope of work for the Cystal Springs Uplands School proposed enrollment increase. (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 Phase 2 Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $93,791.00 without written approval of the Town’s City Manger.
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 ATTACHMENT 2
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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. Term.
The term of this Agreement shall be from July 14, 2026, to July 14, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the Town to proceed (“Notice to Proceed”). 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. -114-
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:
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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 equivalent 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.
This insurance shall be endorsed to include contractual liability (to the extent insurable) 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, except with respect to the professional liability policy required above. (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 -117-
6 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. 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 a 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.
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7 h. Qualifying Insurers
(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 with premium and other proprietary information redacted.
(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 reasonably acceptable to Town), indemnify and hold the Town, its officials, officers, employees, and volunteers 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, to the extent arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, -119-
8 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. The provisions of this section do not apply to such loss or damage caused by the sole negligence or willful misconduct of the Town, or the Town’s officials, officers, employees, or volunteers. 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 -120-
9 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, 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. Reserved.
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 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 for the value of services rendered in accordance with this Agreement 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 proportionate share such services performed, 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. Consultant may retain a copy of all materials -121-
10 produced by Consultant pursuant to this Agreement. Any modification or reuse of Consultant prepared documents, except for the specific purpose intended hereunder, will be at Town's sole risk and without liability or legal exposure to Consultant or its subconsultants.
19. Organization.
Consultant shall assign Luke Evans, Senior Managing Associate, 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: Doug Davis, City Manager
CONSULTANT:
Environmental Science Associates
575 Market St, Suite 3700
San Francisco, CA 94105
Attn: Eryn Brennan, 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 -122-
11 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. 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 -123-
12 have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
30. Value Statement.
By executing this Agreement, Consultant represents and warrants that it will comply with the values statement set forth in Exhibit “B” to the same extent as a member of the Town of Hillsborough City Council or of a Hillsborough board or committee.
31. Town’s Responsibilities.
Town shall (a) make available to Consultant information and technical data in Town’s possession that is reasonably required by Consultant to perform its services under this Agreement and (b) provide access to and make all provisions for Consultant and its subconsultants and subcontractors to enter upon public and private lands as reasonably required to perform their services under this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF HILLSBOROUGH
AND ENVIRONMENTAL SCIENCE ASSOCIATES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF HILLSBOROUGH ENVIRONMENTAL SCIENCE ASSOCIATES
By: By:
Doug Davis
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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14 EXHIBIT A
Scope of Services & Estimated Budget
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575 Market Street, Suite 3700
San Francisco, CA 94105
415.896.5900 phone
415.896.0332 fax
esassoc.com
1 Environmental Science Associates
esassoc.com
May 1, 2026
Town of Hillsborough
Attention: Liz Ruess
Assistant Director of Building and Planning
1600 Floribunda Avenue
Hillsborough, CA 94010
Sent via email: [email protected]
Subject: Proposal to Provide PHASE 2 CEQA Consulting Services for the Cystal Springs Uplands School Project Dear Ms. Ruess:
As requested by the Town of Hillsborough, this proposal provides additional services to the Town for environmental compliance services for the Crystal Springs Uplands School Project beyond those provided for under our current contract dated April 20, 2026, hereafter referred to as Phase 1. This second phase scope of work (hereafter referred to as Phase 2) builds upon our Phase 1 work by adding additional services related to preparation of a CEQA Initial Study/Mitigated Negative Declaration (IS/MND) and several optional tasks that can be initiated upon authorization by the Town. In addition, this Phase 2 scope of work provides additional project management funds to cover additional coordination and meeting costs that will likely be incurred based upon an increased level of effort than that foreseen in our Phase 1 scope of work. Finally, this Phase 2 scope also provides additional funds for travel expenses incurred by the ESA project manager to support the project. Based upon what we have learned at the project’s April 23, 2026 kickoff meeting, the costs of which were covered by ESA at no cost to the Town or School, we believe the project may benefit from physical attendance at hearings and/or other key meetings. This travel expenditure would only occur with authorization by the Town, in consultation with the School.
As with our Phase 1 proposal, this proposal’s associated fee represents a not-to-exceed value, with labor and expenses billed on a time-and-materials basis and only if they have been incurred.
Scope of Services
Scope for Tasks 1 through 2 were provided under our Phase 1 scope of work, and a portion of the proposed project management budget was also provided in that scope under Task. This Phase 2 proposal continues the Phase 1 numbering structure below, beginning with an augmented scope and fee for the Task 3 project management task and then following with subsequent tasks identified for the Phase 2 effort.
Task 3 – Augmented Project Management and Coordination
As noted above in the introductory paragraph for this scope of work, ESA believes it may be necessary to augment our overall project management budget to account for the additional level of meetings and project management activities that might be required to see the project through to completion. Our Phase 1 budget only provided a portion ($6,220) of the $10,251 project management budget provided for in our original April 3, 2026 proposal. The amount held back ($4,031) is now provided for here, plus an additional $2,000 to cover the additional meeting and coordination time that -127-
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we believe might ultimately be required. As such, this Phase 2 scope of work provides for an additional $6,031 in project management funds, which will augment the $6,220 already authorized under Phase 1, for a total of $12,251.
Finally, this Phase 2 scope also provides new funds for travel expenses incurred by the ESA project manager to support the project. Based upon what we have learned at the project’s April 23, 2026 kickoff meeting, the costs of which were covered by ESA at no cost to the Town or School, we believe the project may benefit from physical attendance at hearings and/or other key meetings. The amount requested is $2,500, which would cover expenses related to two trips to Hillsborough in support of the project. This travel expenditure would only occur with authorization by the Town, in consultation with the School.
Task 4 – Administrative Draft Initial Study/Mitigated Negative Declaration ESA will prepare an Administrative Draft IS/MND for the proposed project using the environmental checklist based on CEQA Guidelines Appendix G. The project description completed under Task 1 of our Phase 1 scope of work will be used in the IS/MND and the technical analyses prepared under Task 2 of our Phase 1 scope of work will be summarized in the IS/MND with the technical analyses provided as appendices. The IS/MND will include maps and/or figures, project impact documentation and supporting analysis, and project-specific mitigation measures, if required, to reduce potential impacts to less-than-significant levels. If any technical analyses find that the project may generate one or more significant and unavoidable environmental impacts, ESA will notify the Town immediately and will determine, in partnership, the necessary steps to ensure project achievement.
For each environmental topic, significance thresholds will be based on CEQA Guidelines, Appendix G. The analysis will be based on standard methodologies and techniques and will focus on the net changes anticipated with the project.
Topics With No Impacts. The following topics are expected to result in no impacts that can be clearly documented with minimal analysis:
• Aesthetics. Since no new construction is proposed as part of the project, and since no new sources of lighting or glare are proposed, we assume that the visual character of the site would not change. Accordingly, it is expected that the project would have no impact with respect to visual resources. Brief discussions to support a finding of no effect for these topics will be provided.
• Agricultural and Forestry Resources. These resources are clearly not present on the project site, and a finding on No Impact will be accordingly documented.
• Geology and Soils. No new construction is proposed as part of the project, and the project would not exacerbate conditions associated with an Alquist-Priolo Zone, strong seismic ground shaking, liquefaction, landslides, soil erosion, unstable soils, expansive soils, or impacts to paleontological resources. Brief discussions to support a finding of no effect for these topics will be provided. • Hazards and Hazardous Materials. Since no new demolition and construction are proposed, we assume that hazardous materials would not be encountered as part of the project’s implementation. The site is not located in a fire hazard zone or within an area covered by an airport land use plan. Brief discussions to support a finding of no effect for these topics will be provided.
• Mineral Resources. These resources are clearly not present on the project site, and a finding on no effect will be accordingly documented.
• Population and Housing. The increase in the School’s enrollment cap would accommodate students that are already present in the area and would not induce substantial unplanned population growth or create -128-
Proposal to Provide PHASE 2 CEQA Consulting Services for the Cystal Springs Uplands School Project 3 Environmental Science Associates
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infrastructure that could encourage such growth. The project would also not displace any people or housing.
Brief discussions to support a finding of no effect for these topics will be provided. • Wildfire. The campus is not located in or near a State Responsibility Area or on lands classified as a very high fire hazard zone. Brief discussions to support a finding of no effect for these topics will be provided.
Topics Requiring Additional Analysis. The following topics are expected to require a more detailed analysis, as supported by the in-depth technical work described under our Phase 1 scope of work or other analyses, as appropriate and as described below:
• Air Quality/Optional Health Risk Assessment. This impact will be evaluated in accordance with the methodology outlined under our Phase 1 scope of work.
• Biological Resources. This impact will be evaluated in accordance with the methodology outlined under our Phase 1 scope of work.
• Cultural Resources and Tribal Consultation. This impact will be evaluated in accordance with the methodology outlined under our Phase 1 scope of work.
• Energy/Greenhouse Gas Emissions. These impacts will be evaluated in accordance with the methodology outlined under our Phase 1 scope of work.
• Hydrology and Water Quality. ESA will qualitatively describe the project’s impacts related to water quality standards, drainage patterns, erosion, surface runoff, flooding, and stormwater flows. Since no new construction is proposed as part of the project, we assume that no physical changes would occur on the site that could substantially alter existing conditions with respect to these issues. • Land Use and Planning. The project would not include any proposed uses that would physically divide an established community. The requirements for a General Plan Amendment, Zoning Code Amendment, and Use Permit Amendment will be comprehensively described.
• Noise and Vibration. This impact will be evaluated in accordance with the methodology outlined under our Phase 1 scope of work.
• Public Services and Recreation. The increase in enrollment would be evaluated with its potential impacts to public services such as law enforcement, fire protection, parks, and other public facilities. • Transportation. This impact will be evaluated in accordance with the methodology outlined under our Phase 1 scope of work.
• Tribal Cultural Resources. This impact will be evaluated in accordance with the methodology outlined under our Phase 1 scope of work.
• Utility and Service Systems. Increases in energy demand, water use, solid waste generation, and wastewater production would be evaluated within the context of existing infrastructure and existing capacity of that infrastructure to serve the intensification of use on the campus.
Deliverables:
» Administrative Draft IS/MND.
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Proposal to Provide PHASE 2 CEQA Consulting Services for the Cystal Springs Uplands School Project 4 Environmental Science Associates
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Task 5 – Public Draft Initial Study/Mitigated Negative Declaration ESA assumes the Town will provide one set of consolidated comments from both Town staff and the Town’s legal review team on the Administrative Draft IS/MND. ESA assumes comments will be editorial and not require additional modeling or detailed quantitative analysis. ESA will revise the IS/MND in response to Town comments and will prepare a Screencheck Public Draft IS/MND for the Town’s review (via electronic submittal). ESA will also prepare a Notice of Intent to Adopt a Mitigated Negative Declaration for the Town’s review (via electronic submittal).
ESA will incorporate any final revisions and prepare an electronic proof check of the Public Draft IS/MND that will be provided to the Town for final review before production of the document. Once the Town has confirmed the proof check is accurate, ESA will provide an electronic version of the Public Draft IS/MND and associated appendices in Word and PDF versions. This scope assumes that the Town will post notices in local newspapers, with the County Clerk and State Clearinghouse (including payment of applicable filing fees), and conduct mailings to responsible agencies, affected property owners, and people requesting notice. It is also assumed that the Town will be responsible for the translation of any documents into another language.
Deliverables:
» Screencheck Public Draft IS/MND
» Public Draft IS/MND
» Notice of Intent to Adopt a Mitigated Negative Declaration Task 6 – Public Meetings/Hearings
ESA will virtually attend and assist the Town at a public meeting during the public comment period (it is assumed that the Town will lead the public meeting and ESA will answer questions as needed). It is assumed that the meeting will not exceed two hours in length. In addition, it is assumed that the Town will address any language translation, transcript requirements, and presentation materials for the public meeting.
ESA will also attend an additional meeting with the Town Council during the MND adoption hearing. The same assumptions described above will apply to this meeting.
Deliverables:
» Attendance by the ESA project manager at one public meeting during the IS/MND public review period. » Attendance by the ESA project manager at one Town Council meeting for adoption of the MND.
Task 7 – Final Initial Study/Negative Declaration
At the end of the Draft IS/MND public review period, which we assume will be 30 days in length, ESA will review all written comments received by the Town. This scope assumes that no more than five public comment letters, two pages each, will be submitted during the public review period. ESA will prepare responses to address comments regarding the document's accuracy and/or adequacy and submit them for Town review (via electronic submittal). ESA will make any necessary revisions to the responses and prepare the Final IS/MND (which will consist of the public comments, responses to comments, and the Public Draft IS/MND, electronically submitted). This scope assumes that the Final IS/MND will not be re-printed or modified from its public draft form, and no new or additional analysis will be required.
In addition, ESA will prepare a draft Notice of Determination (NOD) and Mitigation Monitoring and Reporting Program (MMRP) and submit it to the Town for review (via electronic submittal). After the Town’s comments are incorporated, it is -130-
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assumed that the Town will file the NOD with the State Clearinghouse, County Clerk, and California Department of Fish and Wildlife, including the payment of all applicable filing fees.
Deliverables:
» Final IS/MND
» Mitigation Monitoring and Reporting Program
» Notice of Determination
Optional Tasks
In consultation with the Town, scope for the following optional tasks has been provided. These tasks would only be undertaken with express authorization from the Town, in consultation with the School.
OPTIONAL TASK A – DETAILED AIR QUALITY ASSESSMENT
If, in coordination with the Town and the School, ESA determines the project is not eligible for a screening level air quality assessment pursuant to the BAAD’s CEQA Guidelines, or if substantial public comments are received on the project, a detailed air quality assessment would be required. In the event of this, ESA will use the California Emissions Estimator Model (CalEEMod) to estimate the increase in operational emissions of criteria air pollutants (e.g., ozone precursors, particulate matter) and primary toxic air contaminants (TACs), such as diesel particulate matter (DPM) associated with increased School enrollment. Such emissions sources are expected to be limited to:
• Vehicle trips associated with increased enrollment, including increases in School-owned, operated-, or contracted shuttle and bust fleet trips, increases in student-related pick-up and drop-off trips, and increases in visitor, vendor, and other trip types. • Other sources that may be linked to increased enrollment, such as use of additional consumer products, landscaping equipment, and/or building stationary source equipment (water heaters, space heaters, etc.).
The resulting increase in emissions will be compared against the BAAQMD’s published regional emissions thresholds, and mitigation measures will be identified as necessary to avoid or reduce emissions below these thresholds, if feasible to do so. ESA will quantify the project’s potential emissions using as much project-specific information as possible. Such information would include trip generation and vehicle miles travelled estimates from the project’s transportation studies, information on existing School operations, etc. Where project-specific information is not available, CalEEMod default assumptions for San Mateo County or the BAAQMD will be used to estimate potential emissions.
To complete this optional task with the scope and budget identified below, ESA has assumed:
• The School will provide detailed information on the School’s existing and proposed bus and shuttle fleet characteristics, including amount, fuel type, engine model year, retrofit diesel emissions control, average daily vehicle miles travelled and idling-hours, and total annual vehicle miles travelled and idling-hours for each bus and shuttle vehicle used to transport students to and from the School. • The School will provide, as necessary, enrollment zip code data to support the development of a project-specific vehicle miles travelled estimate for student drop-off and pick-up related vehicle trips. • The School will provide detailed information on existing vendor and visitor trips, including the average daily and total annual number of such vehicle trips, for both existing and proposed project conditions. -131-
Proposal to Provide PHASE 2 CEQA Consulting Services for the Cystal Springs Uplands School Project 6 Environmental Science Associates
esassoc.com
• The School will provide detailed information on building energy use for the existing and proposed project conditions. • ESA will conduct all modeling using the latest version of the model that is published/available for use at the time work is initiated.
A stand-alone detailed air quality assessment report is not proposed; rather, the compiled information will be presented in the Initial Study and any technical information, modeling results, and other relevant materials will be included as an appendix to the Initial Study.
Deliverables:
» Relevant documentation provided in the Initial Study and attached appendices.
OPTIONAL TASK B – HEALTH RISK ASSESSMENT
The proposed enrollment increase could increase emissions of air quality pollutants and involve the use of diesel-powered buses and resultant emissions of diesel particulate matter (DPM), a Toxic Air Contaminant (TAC), near residential and School receptors. Should the information provided by the School indicate that the project could result in a substantial increase in diesel-vehicle emissions, including on-site idling, ESA will prepare a quantitative, operational HRA by: 1) using the U.S. EPA- and BAAQMD-recommended regulatory model (AERMOD) to predict TAC concentrations at sensitive receptor locations; and 2) Quantifying adverse carcinogenic and non-carcinogenic health risks associated with predicted pollutant concentrations using published guidance from the Office of Health Hazard Assessment and the BAAD. The TAC pollutants of primary concern are DPM and PM2.5 associated with vehicle exhaust.
To complete this optional task within the scope and budget identified below, ESA has assumed:
• ESA will conduct up to two AERMOD runs to evaluate potential operation-related adverse health risks at sensitive receptor locations.
A stand-alone HRA is not proposed; rather, the compiled information will be presented in the Initial Study and any technical information, modeling results, and other relevant materials will be included as an appendix to the Initial Study.
Deliverables:
» Relevant documentation provided in the Initial Study and attached appendices.
OPTIONAL TASK C – DETAILED ENERGY/GHG ASSESSMENT
If, in coordination with the Town and the School, ESA determines a qualitative analysis of potential energy and GHG emissions impacts is not supported by substantial evidence, or if substantial public comments are received on the project, a detailed energy/GHG assessment would be required. In the event of this, ESA will quantify the project’s net increase in energy consumption and GHG emissions using the same methods and assumptions used in the optional detailed air quality assessment task. ESA will quantify the project’s net increase in vehicle trip fuel consumption using average fuel efficiency factors derived from the California Air Resources Board’s Emissions Factor (EMFAC) model, and the project’s net increase in building energy consumption using project-specific energy consumption data provided by the School.
To complete this task within the scope and budget identified below, ESA has assumed:
• ESA will prepare up to two energy consumption spreadsheets for the project. -132-
Proposal to Provide PHASE 2 CEQA Consulting Services for the Cystal Springs Uplands School Project 7 Environmental Science Associates
esassoc.com
A stand-alone energy/greenhouse gas analysis report is not proposed; rather, the compiled information will be presented in the Initial Study and any technical information, modeling results, and other relevant materials will be included as an appendix to the Initial Study.
Deliverables:
» Relevant documentation provided in the Initial Study and attached appendices.
OPTIONAL TASK D – BIOLOGICAL RESOURCES SURVEY
A biologist will perform a brief site reconnaissance survey to study regulated biological resources that may be present within or adjacent to the site to strengthen biological resource determinations. The survey will be conducted by a specialist who is qualified to evaluate the presence of rare plant and wildlife species and sensitive natural communities, including areas important for wildlife movement and as nursery sites. ESA staff will characterize vegetation communities and habitats on the School site. If present, the location of potential wetlands, waters, and/or riparian habitat will also be described and their locations recorded.
To complete this task within the scope and budget identified below, ESA has assumed:
• Should the Town determine the optional biological resources survey necessary and desire the results be included in the IS/MND, ESA would require this direction prior to completion of the Admin Draft IS/MND. • The optional biological survey does not include a tree inventory or survey of any trees within the project site.
ESA has International Society of Arboriculture (ISA)-certified arborists on staff and is happy to provide such services but would do so under a separate scope and cost or amendment, if requested.
Schedule
ESA estimates that the Phase 1 and Phase 2 services will be completed within seven months upon our receipt of a signed contract and receipt of necessary project information and site access permission. Additional schedule detail for Tasks 1 through 3 and assumptions were provided in our Phase 1 scope of work.
PROPOSED SCHEDULE
Description Timeline
Task 3 – Project Management and Coordination Ongoing
Task 4 – Administrative Draft IS/MND Weeks 13-15
Task 5 – Public Review Draft IS/MND Weeks 16-17
Public Review (30 days) Weeks 18-21
Task 6 – Public Hearings Week 20 and Week 26
Task 7 - Final IS/MND Weeks 22-25
TOTAL 6 to 7 months
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Proposal to Provide PHASE 2 CEQA Consulting Services for the Cystal Springs Uplands School Project 8 Environmental Science Associates
esassoc.com
Estimated Budget
The budget provided below reflects additional scope and fee beyond that already approved under our Phase 1 contract.
As with Phase 1, fees and expenses will be invoiced monthly on a time-and-material basis using the rates and terms stated in Exhibit A. ESA reserves the right to adjust its rates on an annual basis in accordance with ESA’s performance/compensation review cycle. Expenses incurred by ESA in connection with the Services shall be reimbursed by the Town and are in addition to fees. The amounts stated in this proposal are for budgetary purposes only and do not establish a not-to-exceed price to perform the Services. ESA may reallocate budget amounts between tasks. Should the estimated budget be insufficient to complete the Services, or the additional professional services beyond those set forth in the Scope of Services are needed due to changes in the process, information provided, or changes in the regulatory environment, ESA will notify Town and the parties will establish an updated budget.
ESTIMATED BUDGET
Description Amount
Task 3 - Project Management & Coordination (augmented) 6,031 Task 4 – Administrative Draft IS/MND 28,939
Task 5 – Public Draft IS/MND 15,030
Task 6 – Public Meetings/Hearings 2,563
Task 7 – Final IS/MND 11,767
OPTIONAL TASK A – Detailed Air Quality Assessment $7,695 OPTIONAL TASK B – Health Risk Assessment 9,598
OPTIONAL TASK C – Detailed Energy/GHG Assessment (Quantitative) $8,644 OPTIONAL TASK D – Biological Resources Survey 3,524
Estimated Augmented TravelExpenses (airfare, lodging, etc.) 2,500 Total WITH Optional Tasks $93,791
Total WITHOUT Optional Tasks $64,330
Assumptions and Exclusions
This proposal assumes all electronic deliverables. If printed deliverables are needed, those will be billed as an expense.
The technical analysis portion of the schedule is based upon receipt of operational information from the School, as well as details concerning the proposed enrollment increase. Delays in receiving this information will have resultant effects on the schedule.
We assume that all required traffic counts and noise measurements will be able to occur before the end of the current School year. Delays in contract approval or other factors could delay these data gathering tasks until the new School year starts in the Fall, with resultant delays in the schedule. -134-
Proposal to Provide PHASE 2 CEQA Consulting Services for the Cystal Springs Uplands School Project 9 Environmental Science Associates
esassoc.com
Owing to the requirement that the project get underway as soon as possible to protect against schedule delays brought about by the School’s summer break (see the schedule discussion above), this proposal is good for 30 days.
If you have any questions about this proposal or need additional information, please do not hesitate to contact Luke Evans at [email protected]. Thank you for considering ESA.
Sincerely,
Terri Avila Luke Evans
Vice President Senior Managing Associate, Project Manager Enclosures
Exhibit A – Schedule of Fees and Expenses
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A-1 Environmental Science Associates
esassoc.com
Exhibit A
Environmental Science Associates & Subsidiaries:
2026 Schedule of Fees
I. Personnel Category Rates
Charges will be made at the Category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category rate times 1.5.
LABOR CATEGORY BILLING
STEP I
BILLING
STEP II
BILLING
STEP III
BILLING
STEP IV
BILLING
STEP V
BILLING
STEP VI
Project Technician $86 $109 $131 $150 $170 $194
Consultant $116 $130 $144 $160 $173 $188
Associate Consultant $154 $170 $184 $198 $213 $228
Senior Consultant $171 $189 $212 $234 $257 $279
Managing Consultant $205 $228 $253 $277 $301 $324
Principal Consultant $222 $253 $282 $311 $341 $370
Senior Principal Consultant $261 $288 $317 $347 $379 $409 A. The range of rates shown for each staff category reflects ESA staff qualifications, expertise and experience levels. These rate ranges allow our project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity.
B. From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates.
C. ESA reserves the right to revise the Personnel Category Rates periodically to reflect changes in its operating costs.
II. Subcontracts
Subcontract services will be invoiced at cost multiplied by 1.15.
III. Other
The fees above do not include sales tax. Any applicable or potential sales tax will be charged when appropriate.
IV. Payment Terms
Unless otherwise agreed in writing, ESA will submit invoices on a monthly basis. Any unpaid balances shall draw interest at one and one half percent (1.5%) per month or the highest rate allowed by law, whichever is lower, commencing thirty (30) days after date of invoice. All invoices not contested in writing within fifteen (15) business days of receipt are deemed accepted by Client as true and accurate and Client thereafter waives any objection to Clients invoices, which are payable in full.
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A-2 Environmental Science Associates
esassoc.com
V. ESA Expenses
A. Travel Expenses
1. Transportation
a. Company vehicle – fixed rate + fee for mileage in excess of 100 miles. b. Common carrier or car rental – actual expense multiplied by 1.15 c. If company vehicle is to be used in off-road conditions, a daily $15 use fee will be added to the standard daily vehicle rate.
2. Lodging, meals and related travel expenses – direct expenses multiplied by 1.15 B. Technology and Data Management Fee
Starting January 2023, ESA implemented a 3% Technology and Data Management fee on all applicable contracts, excluding charges related to equipment rentals, reimbursable expenses, and subcontractor fees. This fee plays a pivotal role in mitigating an array of technology and data management expenditures incurred by ESA to ensure the delivery of the comprehensive and high-quality services our clients expect. These expenses include, but are not limited to:
1. Long-Term Data Retention and Security Administration: Covering the expenses associated with administering the protection of client data and assets throughout and beyond the contractual period.
2. Development and Maintenance of Internal ESA Software Tools: Accounting for the ongoing investments required to create and maintain tools integral to our client engagements.
3. Data Privacy and Security Maintenance: Encompassing the costs involved in maintaining data privacy and security, including regular security audits to uphold the highest standards.
4. Advanced Technology-Related Costs: Addressing the escalating expenses associated with subscriptions for cutting-edge technical software, licenses, and cloud data services.
This fee structure enables ESA to uphold its commitment to providing clients with top-tier services while managing the ever-evolving demands of technology and data management in the work that we do.
C. Equipment Rates
ITEM RATE/DAY RATE/WEEK RATE/MONTH
Project Specific Equipment:
Vehicles – Standard size (no off-road usage) $ 115a $ 550a Vehicles – 4x4 /Truck (light duty) 175a
Vehicles – 4x4 /Truck (heavy duty) 200a
Vehicles – ATV 175
Topographic/Bathymetric Survey Equipment:
UAV/Drone $ 300 $1,500 $
RTK-GPS 300
RTK-GPS Smartnet Subscription 80
1m GNSS Data Collection System 90 425 1,700
Sub-meter GNSS Data Collection System 120
Sub-foot Data Collection System 245
Garmin GPS or equivalent 45
a Actual project charges will include the daily rate plus $0.75 per beyond 100 miles -137-
15 EXHIBIT B
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
11 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Resolution Approving and Authorizing the City Manager to Execute a First Amendment to the Professional Services Agreement with MIG, Inc. for Environmental Services Related to the Strawberry Hill (2260 Redington Road) Tentative Map Project SUMMARY: The City Council approved a Professional Services Agreement with MIG, Inc. on January 13, 2025 in an amount not to exceed $226,000.00, to provide environmental consulting services for the Strawberry Hill (2260 Redington Road) Tentative Map Project.
The agreement established a contract term through January 15, 2026. Since that time, environmental review of the project has remained ongoing, and MIG has continued providing services necessary to support completion of the project. Throughout this period, the Town continued directing and compensating MIG for its services, and the project applicant has remained actively engaged in the environmental review process.
The proposed First Amendment confirms the agreement continued to run since its expiration since both parties agreed to perform under the terms of the Agreement. The proposed first amendment also extends the term of the agreement through July 31, 2027, to provide continuous contractual coverage for the consultant's ongoing services and allow completion of the environmental review.
The amendment does not increase the contract amount, modify the scope of work, or result in any additional fiscal impact to the Town. Consistent with the Town's applicant-funded development review process, all consultant costs are reimbursed through the applicant's project deposit account.
Although the agreement established a contract expiration date of January 15, 2026, environmental review of the project has continued beyond that date. MIG has continued performing services at the Town's direction, and the Town has continued compensating MIG for those services under the existing agreement. The applicant has remained actively involved throughout the process, working closely with both Town staff and MIG as the environmental review has progressed. The amendment maintains continuous contractual coverage for the consultant's work.
Specifically, the amendment:
• Extends the agreement term from its original execution date through July 31, 2027; • Does not increase the not-to-exceed compensation amount; • Does not modify the approved scope of services;
• Allows MIG to continue providing environmental consulting services necessary to complete the environmental review for the Strawberry Hill Tentative Map Project; and • Maintains continuous contractual coverage for work that has been ongoing during the environmental review process.
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Agenda Staff Report – Hillsborough City Council
July 13, 2026
FISCAL IMPACT: There is no fiscal impact associated with the proposed amendment. The amendment does not increase the approved contract amount. Consistent with the Town's development review procedures, all consultant costs associated with this agreement are paid from the applicant's project deposit account. No General Fund resources are required.
ENVIRONMENTAL ISSUES: The proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it constitutes an administrative activity that does not result in a direct or reasonably foreseeable indirect physical change in the environment. Alternatively, the action is exempt pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that extending the term of an existing professional services agreement will not have a significant effect on the environment.
ATTACHMENT(S):
1. Resolution
2. First Amendment and Original Professional Services Agreement PREPARED BY: Liz Ruess, Assistant Director of Building and Planning RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a first amendment to the Professional Services Agreement with MIG, Inc. for environmental services related to the Strawberry Hill (2260 Redington Road) Tentative Map Project.
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RESOLUTION NO. 26-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MIG, INC.
FOR ENVIRONMENTAL SERVICES RELATED TO THE STRAWBERRY HILL (2260
REDINGTON ROAD) TENTATIVE MAP PROJECT
WHEREAS, on February 20, 2025, the City Council approved a Professional Services Agreement with MIG, Inc. ("MIG") to provide environmental consulting services related to the Strawberry Hill (2260 Redington Road) Tentative Map Project; and
WHEREAS, the Agreement established a term ending January 15, 2026; and WHEREAS, environmental review of the Strawberry Hill Tentative Map Project has continued beyond January 15, 2026, and MIG has continued providing services necessary to complete the environmental review, while the Town has continued directing and compensating MIG for those services under the Agreement; and
WHEREAS, the proposed amendment extends the term of the Agreement through July 31, 2027, to provide continuous contractual coverage for the consultant's ongoing services; and
WHEREAS, the proposed amendment does not increase the approved not-to-exceed compensation amount, modify the scope of services, or result in any additional fiscal impact to the Town, as all consultant costs continue to be funded through the applicant's project deposit account; and WHEREAS, the City Council finds that this action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it constitutes an administrative activity that does not result in a direct or reasonably foreseeable indirect physical change in the environment. Alternatively, the action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility the approval of an amendment extending the term of an existing professional services agreement may have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a first amendment to the Professional Services Agreement with MIG, Inc. for environmental services related to the Strawberry Hill (2260 Redington Road) Tentative Map Project.
Mayor of the Town of Hillsborough
ATTACHMENT 1
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Resolution No. 26-
July 13, 2026
2 Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 13th day of July 2026, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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June 24, 2026
Daniel Iacofano, President & CEO
MIG, Inc.
2055 Junction Avenue
San Jose, CA 95131
Dear Mr. Iacofano,
This amendment letter shall amend the Professional Services Agreement between the Town of Hillsborough and MIG, Inc. for environmental services related to the Strawberry Hill (2260 Redington Road) Tentative Map Project, executed on February 20, 2025, to amend the following provision of the original Agreement, with all other terms and conditions of the original Agreement remaining unchanged:
“Time of Performance: Section 5 of the Agreement is hereby amended to provide that the term of the Agreement shall terminate on July 31, 2027, unless otherwise extended or terminated pursuant to the provisions of the Agreement.”
Sincerely,
Liz Ruess
Assistant Director of Building and Planning
Attachment: Executed letter agreement between the Town of Hillsborough and MIG, Inc. on February 20, 2025
ATTACHMENT 2
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2 TOWN OF HILLSBOROUGH
Approved By:
Doug Davis
City Manager
Date
Attested By:
Lisa Natusch, MMC
City Clerk
MIG, Inc.
Signature
Name
Title
Date
Approved as to form:
City Attorney
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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 MIG, Inc. a Corporation with its principal place of business at 2055 Junction Avenue, San Jose, CA 95131 (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:
Preparation of an initial study and appropriate environmental document to analyze a proposed tentative map at “Strawberry Hill” 2260 Redington Road. (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 Estimated Cost 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 $226,000. 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 Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 February 20
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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.
The term of this Agreement commences upon full execution hereof and terminates on January 15, 2026, unless otherwise extended or terminated pursuant to the provisions hereof.
Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the Town to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
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 project milestones in accordance with the Conceptual Schedule attached hereto as 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.
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -146-
61236.01300\40844037.1
3 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. 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
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -147-
61236.01300\40844037.1
4 (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:
(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.
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5 (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
(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)
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6 (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. 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.
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7 (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
(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.
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8 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 by the 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 Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -152-
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9 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, 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.
“Reserved”
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.
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10 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.
19. Organization.
Consultant shall assign Mike Campbell, AICP, Director of Environmental Analysis and Barbara Beard, Senior Project Manager, as the Project Managers. The Project Manager(s) 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: Liz Ruess, Building & Planning Dept.
CONSULTANT:
MIG, Inc. Attn: Mike Campbell
2055 Junction Avenue
San Jose, CA 95131
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.
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11 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. 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, Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -155-
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12 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.
30. Value Statement.
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 MIG, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF HILLSBOROUGH MIG, Inc.
By: By:
Doug Davis
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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Daniel Iacofano
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14 EXHIBIT A
Scope of Services
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December 2, 2024
Liz Ruess, Assistant Director of Building & Planning
Town of Hillsborough
1600 Floribunda Ave.
Hillsborough, CA 94010
Phone: 650.799.9511
Email: [email protected]
Subject: Town of Hillsborough - Strawberry Hill (2260 Redington Road) – Tentative Map Project CEQA Scope of Work
Dear Ms. Ruess:
MIG is pleased to provide this scope of work for environmental services related to the Strawberry Hill (2260 Redington Road) Tentative Map project. MIG is familiar with the Strawberry Hill site as it is identified as a Vacant Opportunity site in the Town’s 6th Cycle 2023 – 2031 Housing Element which MIG prepared the Program EIR for in 2023. We bring our Housing Element EIR experience to this project by proposing a very similar staffing team.
This project will be managed from our San José office. To supplement our in-house expertise, MIG is teaming with Basin Research Associates (archaeological studies), W-Trans (Transportation/VMT), and Fehr & Peers (emergency evacuation analysis). Our team members are all well-established firms with outstanding reputations for work in their areas of expertise. This proposal includes: an organizational chart and key staff resumes, and estimated cost tables for two CEQA document options, which are presented in the Proposal as Attachments A and B, respectively.
Our proposal presents a comprehensive approach to providing CEQA services to the Town for this project. We have incorporated the Housing Element Program EIR mitigation measure requirements for project specific studies and referenced CEQA Guidelines sections that address use of previously certified EIR to review subsequent projects. Our budget and schedule reflect the preparation of these required technical reports early in the project’s timeline. The technical reports will be structured to support whatever CEQA document the City decides to prepare. Our environmental planning team will work closely with Town staff to navigate successfully through the CEQA process, including document preparation, public meeting presentations, and staff consultations.
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Scope of Work
MIG crafted this scope of work based upon our extensive experience and knowledge gained preparing numerous project-specific CEQA documents tiering off of a Program EIR. Having prepared the Hillsborough Housing Element Program EIR, MIG has in-depth knowledge of the Program EIR mitigation measure requirements and which impact areas require careful consideration at the project phase.
This scope of work reflects the direction provided by Town staff, our knowledge of Hillsborough’s certified Focused General Plan Update EIR (2023) and its mitigation requirements for future housing facilitated by the 6th Cycle Housing Element, and our understanding of project- and site-specific CEQA issues.
As described in the Approach section, our scope of work is designed to be a phased analysis of project impacts starting with detailed technical reports to inform any type of CEQA document needed and the completion of an Initial Study Checklist list. Upon completion of the Initial Study Checklist the Town and MIG will decide which type of CEQ document is required for the project. We have provided a scope of work for either an IS/MND and a tentative scope of work for a focused EIR. The EIR scope of work and budget would need to be confirmed after completion of the Initial Study Checklist.
Task 1. Project Initiation
1.1 Project Kick-Off Meeting and Scope Refinement
MIG will conduct a virtual kick-off meeting with Town staff to review the work scope and important milestones, identify key project team roles, establish communication channels and procedures, and establish product review procedures. The project approach and schedule will be refined based on our discussions and critical project milestones.
1.2 Project Background Information and Technical Documents Upon receiving Authorization to Proceed, MIG will review all available project information provided by the Town and project proponent. MIG will identify any data gaps, which would then be included in the CEQA data request (see Task 1.4). This task also includes data gathering and desktop research for the MIG team to become familiar with the site and any existing conditions or environmental issues that may be of concern.
MIG is excited about the opportunity to work with the Town on this important project. Please do not hesitate to contact me if you have questions about our proposal ([email protected] and cell: 650-464-5217). We would be happy to discuss any adjustment the Town may have in mind.
Sincerely,
Barbara Beard, Senior Project Manager
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1.3 General Site Visit
Within one week of receiving Authorization to Proceed, MIG will conduct an general site visit for orientation to the project property and environmental setting. The project kick-off meeting (Task 1.1) could become part of this general site visit.
1.4 Data Request
Within two weeks of receiving Authorization to Proceed, MIG will provide the Town with a data request for any background materials and project information needed for the CEQA analysis.
Task 1 Deliverables:
• Project Kick-Off Meeting, Agenda, and Meeting Minutes • CEQA data request (electronic copy)
Task 2. Technical Reports
Each of the technical reports listed in this task will be prepared to support any future CEQA document, including the Initial Study Checklist (see Task 4) and IS/MND (see Task 5), or a focused EIR (see Task 6). Each technical report has been scoped to include a section that will evaluate project impacts using the CEQA Guidelines Appendix G Checklist questions specific to the relevant environmental topic area. Scoping the technical reports in this way will allow MIG and the Town to contemplate the significance of the project’s potential impacts under CEQA early in the project schedule. Background discussion and analysis included in the technical reports will be carried over into the Initial Study Checklist and IS/MND or EIR as needed to avoid duplicative work.
A Draft (MS Word or PDF file) and Final (PDF file) version will be provided for each technical report.
The scope for each technical report task also includes hours for site visits, data collection, project management and communication/coordination. All technical reports will be prepared simultaneously, and draft reports will be provided within six to eight weeks of start of work, depending on the specific report. Final reports will be provided two weeks after receipt of comments on the draft report.
Task 2.1 Air Quality/HRA Report
MIG will prepare a clear and concise technical report that fully evaluates the proposed project’s potential individual and cumulative air quality impacts in the context of the significance findings and mitigation measures identified in the Town’s 6th Cycle Housing Element EIR. To fulfill the requirements of Mitigation Measure AIR-2b, MIG will use the California Emissions Estimator Model (CalEEMod, Version 2022.1) to estimate the emissions generated by construction of the proposed project and compare criteria and toxic air contaminant pollutants against applicable thresholds maintained by the Bay Area Air Quality Management (BAAQMD). Where possible, MIG will incorporate by reference applicable environmental and regulatory setting information from the Housing Element EIR to streamline the preparation of the technical report.
The scope of this report assumes the project will fall short of the BAAQMD screening thresholds and does not include the preparation of a Health Risk Assessment (HRA). Should the project exceed the BAAQMD screening thresholds and an HRA is necessary MIG could prepare the analysis as an additional service. This is called out in our budget as an optional task.
MIG will respond to one (1) round of consolidated comments on the technical Air Quality report and provide a final report that would be the basis for the Initial Study Checklist analysis. This task assumes up to three (3) total staff hours will be required to respond to comments on the draft report.
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Contingent Construction Health Risk Assessment
If the project exceeds the BAAQMD screening thresholds and to be consistent with the requirements of Housing Element EIR Mitigation Measure AIR-2b, MIG will prepare a construction health risk assessment (HRA) that evaluates potential adverse health risks associated with Diesel Particulate Matter (DPM) emitted by construction equipment and construction-related truck trips at adjacent nearby sensitive receptor locations (e.g., on Macadamia Drive). MIG will use the U.S. EPA-approved and BAAQMD-recommended regulatory model (AERMOD) to predict exposure to concentrations of pollutants at sensitive receptor locations and quantify associated health risks. The project’s potential health risks will be compared against BAAQMD carcinogenic and chronic risk thresholds.
To complete this task, MIG has assumed:
o MIG will conduct up to two (2) CalEEMod runs (e.g., unmitigated construction and operations, if necessary, mitigated construction) based on the project’s lot size, construction and operational characteristics of future homes, and trip generation potential. o MIG will conduct up to two (2) AERMOD runs for the project to quantify adverse health risks at sensitive receptor locations from unmitigated and, if necessary, mitigated project construction.
Task 2.2 Biological Resources Report
As required by the programmatic Housing Element EIR Mitigation Measure BIO-1, MIG’s biologists will prepare a site-specific biological resources report with information about the biological resources that may be impacted by the proposed Tentative Map improvements and future development on the 32 new residential lots. The biological resources report will incorporate information from the Housing Element Program EIR as much as possible. This task includes the preparation of a stand-alone biological resources report to support the CEQA document for proposed project. MIG will conduct background review, including:
• reviewing the Housing Element EIR, particularly the setting, figures, and mitigation measures;
• reviewing the Tentative Map, geotechnical report, arborist report, and any other information available for the project;
• refreshing the database searches and updating the list of sensitive species; and • identifying any additional regulations that may apply beyond what was reported in the Housing Element Programmatic EIR.
Following the background review, MIG biologists will conduct a site visit (in addition to the general site visit identified in Task 1.3) to verify the habitat types mapped in the Housing Element EIR, and to map the jurisdictional edge of Sanchez Creek and any other natural water features on the site. We will determine if habitat for special-status species, such as California red-legged frog and San Francisco dusky-footed woodrat, is present. The site survey will include an assessment of habitats for special-status species both on the site and in adjacent areas that could be impacted directly or indirectly by the project.
After the site visit, MIG biologists will prepare a stand-alone report that:
• describes the site-specific setting and species of concern, building on information provided in the Housing Element EIR;
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• addresses the CEQA Appendix G checklist questions for biological resources; • identifies which mitigation measures in the Programmatic EIR apply; and • identifies any additional site-specific measures that would be needed to reduce impacts to less-than-significant and ensure the project follows applicable laws.
The report will adequately address the potential for impacts on biological resources for purposes of CEQA review of the project. Graphics to be prepared will include site-specific maps of:
• vegetation types and water features;
• significant trees identified in the arborist report;
• soil types; and
• any setbacks recommended along Sanchez Creek or its tributaries.
The budget for the Biological Resources Report includes a draft and final report, with time to address one (1) round of consolidated comments from the Town. We have also budgeted for two days to complete the site survey.
Task 2.3 GHG/Energy Memorandum
MIG will prepare a clear and concise technical memorandum that fully evaluates the proposed project’s potential greenhouse gas (GHG) and energy impacts in the context of the significance findings and mitigation measures identified in the Town’s 6th Cycle Housing Element EIR. MIG will quantify the GHG emissions generated by the construction and operation of the proposed project using the same methodologies employed to prepare the project’s air quality analysis and quantify potential construction and operational energy consumption using CalEEMod and information from databases maintained by the California Air Resources Board.
MIG will respond to one (1) round of consolidated comments on the draft GHG/Energy memorandum and provide a final report. This task assumes up to three (3) total staff hours will be required to respond to comments from the Town.
Task 2.4 Historic Resources Evaluation
Historic Resource Setting - Significance of Property
Cursory research into the Strawberry Hill property reveals that the approximately 48-acre estate, established ca. 1912 under the name Villa Rose, is associated with architect Lewis P. Hobart and landscape architect Thomas D. Church. Both men are distinguished and important individuals within their respective fields; Hobart designed Grace Cathedral in San Francisco, and Church is often described as the father of the modern California landscape.
The Italian Renaissance-style residence is documented in the Historic American Buildings Survey on file at the Library of Congress. The estate grounds, including some of the original outbuildings and Italianate gardens, are also photo-documented in the Library of Congress Prints and Photograph Division. And the large estate, comprising the residence, designed gardens, outbuildings, and pathways is favorably described in a 1915 publication titled Stately Homes of California. The grounds appear again in a book entitled Gardens for a Beautiful America in 2012. It appears that Hobart may have designed the original landscape in concert with Mrs. Joseph D. Grant, who resided at the Villa Rosa with her husband, a financier in San Francisco, while Church was hired by subsequent owners to update the landscape to their vision of country living during the 1940s.
These readily available resources suggest that the Strawberry Hill property, including the designed landscape that spans the parcel, warrants further evaluation and documentation as a potential Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -163-
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historical resource. The potential for historic features beyond the main house has not been documented and is needed to understand future project impacts under CEQA. In comparison, a nearby property, the 20-acre Newhall Estate also designed by Hobart, was listed in the National Register of Historic Places in 2007 for both its architecture and its landscape architecture. An understanding of Strawberry Hill’s site-wide historic significance and integrity is required to under understand the full extent of the resource and will assist in determining the proper level of CEQA analysis and review. This information has informed our work plan as described below.
The work plan for the Historical Report is as follows:
Phase I: Data Gathering
Project Coordination
• Coordinate data requests and file sharing.
• Attend project kick-off meeting to confirm scope and goals of the historical report. • Attendance at up to two monthly meetings with the project team to review draft deliverable.
Research
• Primary and secondary research to establish development chronology of Villa Rose estate (residence, gardens, outbuildings, and circulation) and the historic themes associated with the development of the property.
o Archival research at the College of Environmental Design Archives at UC Berkeley and other in-person research as necessary.
o Desktop research to be conducted though consultation in relevant online repositories.
o Submit request for available building permits and construction documents on file at the Hillsborough City Clerk’s office.
Field Documentation
• Visit the property for up to two days to photo-document its character and record field observations.
o Documentation will cover the residence (exterior only), gardens, outbuildings, circulation, constructed water features, and other designed features.
Phase 2: Document Preparation
Historical Resources Assessment Report
• Prepare a streamlined, high-level assessment report that identifies potential historical resources on the property under the California Register of Historical Resources criteria. The goal of the report is to serve as a comprehensive evaluation document for the entire 40-acre landscape, to maximize efficiency and streamline the review process within the project area.
o MIG will produce a narrative report with illustrative diagrams and photographs.
o Historic feature types may include spatial organization; topography and terracing; buildings and structures; circulation such as drives, pathways, and Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -164-
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trails; constructed water features such as pools and fountains; gardens, orchards, specimen trees, and designed groves; and views and vistas.
Project Analysis Memo:
If historical resources are identified within the project area under Part 1 (Historical Report), MIG will prepare a memo that provides an analysis of potential project impacts on the resource(s) using the Initial Study Checklist question under Cultural Resources. The memo will address the question: “Would the project cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5?” The evaluation would identify any impacts to the property’s historic resources, determine whether the impact rises to the level of being potentially significant, and outline any mitigation measures that would reduce impacts to less than significant.
This analysis will support future CEQA documentation and help determine the appropriate level of CEQA review. A Project Analysis Memo will be delivered in PDF format.
MIG will provide draft reports and respond to one round of consolidated comments from the Town and then provide a final Historical Resources Assessment Report and Project Analysis Memo.
To complete this task, MIG has assumed:
• Access to the property will be provided for a 2-day period for the site assessment. • Report will not include a full inventory of individual trees, small-scale site furnishings, and drainage features. Select features will be used to illustrate pertinent themes and feature types, as applicable.
• Report will not include any description, inventory, or evaluation of the interiors of any buildings or structures on the property.
• Field work will be performed by one MIG staff person who will be joined by a designated escort familiar with the property.
• Scope does not include any in-depth condition assessment of historic features. • Field work to be scheduled after initial archival research has been performed. • This scope does not include the production of a National Register of Historic Places nomination or Department of Parks and Recreation (DPR) forms. • This scope does not include consultation with local preservation groups or historical societies, nor with the State Historic Preservation Office. • This scope of work does not include archaeological survey, assessment, or recordation.
Task 2.5 Noise and Vibration Memorandum
MIG will prepare a clear and concise noise and vibration memorandum that evaluates where construction and operation of the proposed project would result in a new or potentially more severe impact than that identified in the Town’s 6th Cycle Housing Element EIR. The noise/vibration study will generally describe the existing noise and vibration environment in the project vicinity using information contained in the Housing Element EIR, identify applicable Town regulations related to noise, quantify potential construction noise and vibration levels at nearby receptor locations (e.g., Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -165-
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residences on Macadamia Drive and Skyfarm Drive), and evaluate potential operational noise levels resulting from project noise sources, including off-site project-related increases in vehicular traffic.
MIG is not proposing to conduct noise monitoring at the project site. Rather, MIG will use noise monitoring data collected as part of the 6th Cycle Housing Element EIR to characterize noise levels in proximity of the project site. The noise analysis will identify typical construction equipment sound levels, quantify peak and typical construction activity noise levels, and compare those noise levels against the standards established in Municipal Code Section 8.32.040. Once operational, MIG anticipates the primary source of noise resulting from the project would be attributable to vehicle use on nearby roadways and heating, ventilation, and air conditioning (HVAC) equipment.
MIG’s analysis includes an evaluation of standard construction noise and vibration. It does not include analysis of construction techniques such as pile driving or other unique construction noise and excessive vibration activities.
MIG will respond to one (1) round of consolidated comments on the draft technical noise/vibration memorandum and provide a final report. This task assumes up to three (3) total staff hours will be required to respond to comments from the Town.
Task 2.6 Archaeological Resources Report
The 6th Cycle Housing Element Program EIR did not contain an archaeological resource investigation because of the programmatic nature of the EIR. MIG has included Basin Research Associates as a subconsultant to prepare the project-level Archaeological Resources Report.
The work plan for the Archaeological Reports Report will include the following phases:
(1) a review of an archival records search for a 0.25-mile radius of the project parcel to be completed by the California Historical Resources File System, Northwest Information Center (CHRIS/NWIC);
(2) a review of various published compendiums including the National Register of Historic Places and California Register of Historical Resources as well as archival materials on file with BASIN for San Mateo County;
(3) request a review of the Sacred Lands Inventory (SLF) from the Native American Heritage Commission (NAHC) to determine if any potential resources of interest to the Native American community are present;
(4) outreach to Native Americans recommended by the NAHC for further information on tribal cultural resources and assisting the Town with AB 52 consultation; and (5) a focused field review of the project parcel. The field review of the project parcel by a professional archaeologist will focus on whether it could be suitable for prehistoric use or occupation depending on slope.
(6) preparation of a draft and final Archaeological Resources Report The Archaeological Resources Report will be a letter or memo format assessment report and provide a description of the project, the results of the archival research, a short regulatory overview pertinent to CEQA, a discussion of impacts and potential for exposing buried archaeological materials, a short management summary as well as any recommendations for further work including the evaluation of any potential resources identified by research and impacts/mitigation actions.
Appropriate graphics will be included. BASIN does not anticipate completing a summary prehistoric Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -166-
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and historic context/land use of the general area and property unless research indicates that the summary is pertinent to the interpretation of the search results.
All personnel assigned to the project will meet the minimal professional qualifications of the Secretary of the Interior and the California Office of Historic Preservation. All project personnel are experienced with CEQA requirements due to previous project experience with similar projects.
To complete this task, BASIN has assumed:
• The project proponent will provide graphics that can be enhanced for the report as well as any other materials that may document prior land use of the project site.
Schedule
A minimum of 6+ weeks is anticipated due to a backlog of information center search requests as well as Native American outreach.
Task 2.7 Transportation Analysis
W-Trans will prepare the project Transportation Analysis for the eventual development of the 32 residential lots. The work plan for the Transportation Analysis is as follows:
Project Initiation:
The trip generation for the project will be determined based on a combination of standard rates published by ITE in Trip Generation Manual, 11th Edition, 2021 and a survey of the site driveways to determine the trips associated with the existing land uses. This information, along with the scope of services, will be provided to the Town of Hillsborough staff in a memorandum of assumptions for review and comment. Should their comments result in either a reduction or expansion of the scope, the contract amount would be adjusted accordingly.
CEQA Analysis:
The adequacy of facilities for pedestrians, bicyclists, and transit riders will be evaluated within the context of Town policy. Since the Town does not currently have an adopted VMT policy, the project’s estimated Vehicle Miles Traveled (VMT) will be determined using the guidance provided by the California Governor’s Office of Planning and Research (OPR) in the publication Transportation Impacts (SB 743) CEQA Guidelines Update and Technical Advisory, 2018, and use of the C/CAG Countywide VMT Evaluation Tool. Based on the Town’s Housing Element Programmatic EIR, WTrans currently anticipates that the proposed project would result in a significant and unavoidable impact on VMT.
W-Trans will prepare comprehensive responses to the Initial Study Checklist for Transportation. The potential for the project to have an impact under each of the Transportation checklist items (e.g., access, circulation, potential hazards, emergency access, etc.) will be addressed in text, with supporting documentation as appropriate. The responses will support any future CEQA document.
The Housing Element Programmatic EIR identified significant and unavoidable VMT impacts. The Initial Study Checklist responses and the Draft letter report W-Trans will prepare will support either an IS/MND or an EIR if one is required.
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W-Trans will provide an Administrative Draft Letter Report that provides details of the analysis and findings, together with tables and figures for Town. Upon receipt of the Town’s comments, W-Trans will provide a final report. W-Trans’s budget includes time to respond to public comments on a public draft CEQA document (IS/MND or EIR) and attendance at up to four formal virtual meetings with team members or the Town. Any additional meetings would be considered additional work and could be arranged through a contract amendment.
Any additional services, such as meetings or hearings, requests for analysis not included in WTrans’s scope (e.g., non-CEQA traffic operations report), multiple rounds of comments, or responding to peer review comments, if needed, could be provided on a time and materials basis after receiving written authorization for the extra work.
Schedule
Upon start of work and confirmation of W-Trans’s scope by Town staff, the administrative draft Transportation Analysis letter report can be completed within approximately three weeks from start of work and confirmation of W-Trans’s scope of work by Town staff, and a final report can be provided approximately two weeks after receiving comments on the draft report.
Task 2.8 Evacuation Analysis
Fehr & Peers will prepare the project Evacuation Analysis required by Housing Element EIR Mitigation Measure WILD-1: Emergency Response and Emergency Evacuation Planning.
Based on past experience on other evacuation and emergency access assessments, Fehr & Peers proposed a tiered approach and found that the following steps are important in developing a defensible document that adequately discloses information that forms the basis for the CEQA impact determinations and mitigation measures.
1. Collaboration with Town Planning and Public Works, Town Fire/Police, and San Mateo County Department of Emergency Management (DEM) for discussion and resolution of the following evacuation impact methodology items.
Hazard Type and Response.
Evacuation Routes and Any Assumed Closures.
Evacuation Study Area and Affected Population Groups. Evacuation Scenario Definitions including potential that some roads would not be available for evacuation.
Planned Roadway Improvements in the Study Area.
CEQA Evacuation Impact Significance Thresholds.
2. Obtain evacuation route and zone data in Genasys/Zonehaven evacuation platform from DEM or Town Fire staff.
3. Review Fehr & Peers evacuation checklis.t
4. Determine need for quantitative evacuation time estimate modeling.
5. CEQA evacuation impact determination.
6. Candidate Evacuation Mitigation or Improvement Strategies.
As such, Fehr & Peers has proposed the following work plan:
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Work Plan
Tier 1
The Tier 1 work plan assumes a qualitative analysis proves adequate to provide the basis for the CEQA analysis and to develop an evacuation and emergency impact determination and identification of mitigation measure(s) for the proposed project. It does not include a quantitative estimate of evacuation times. The information developed in the Tier 1 work plan includes consultation with Town staff on the most appropriate CEQA document for the proposed project.
Fehr & Peers will complete the following Tier 1 tasks:
Review data and reports provided by Town and County Department of Emergency Management (DEM) staff.
Prepare information for kick-off meeting.
Attend kick-off meeting with Town and County DEM staff to review the checklist questions, discuss any needed revisions and input data, and identify key evacuation and emergency access issues.
Refine and complete entries for draft Checklist. For one evacuation scenario, map evacuation routes that would be used by the proposed project and identify a catchment area of existing residents that would use the evacuation route(s). Estimate the number of evacuation trips that would be generated by the proposed project and surrounding residents that would use the same evacuation routes. Identify existing evacuation plans and strategies.
Prepare draft memo documenting the checklist and the qualitative assessment. Submit Draft Memo to Town staff for review.
Conduct Meeting #2 with Town staff to discuss checklist and determine whether additional quantitative evacuation assessment is needed.
Prepare Draft Final Memo to Town staff documenting revisions to checklist and conclusions about next steps. If additional analysis is required, the memo will include a description of the required tasks.
Submit Draft Final Memo to Town staff for review.
Respond to any staff comments, prepare and submit Final Memo.
This task assumes the following data or direction will be provided by Town staff for the Tier 1 assessment.
Count Data
Traffic Studies
Planned roadway improvement projects
Evacuation plans
Evacuation route and zone data in Genasys/Zonehaven evacuation platform Evacuation routes for project evacuation trips
Study methodology review and approval
Contingent Tier 2 Quantitative Analysis
If the Tier 1 work plan providing a quantitative analysis identifies potentially significant impacts, a Tier 2 Quantitative Analysis may be needed. A Tier 2 analysis would consist of conducting a quantitative analysis of evacuation times for a larger area than was considered in the Tier 1 qualitative assessment and for existing conditions and up to two plus project wildfire scenarios, as Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -169-
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well as a CEQA impact determination and identification of mitigation measure(s). The Tier 2 Quantitative Analysis would build upon the information presented in the Tier 1 analysis and would present modeling scenarios for calculating evacuation times under existing conditions (no project) and with the proposed project and current circulation plan. The existing conditions (no project) analysis is to develop an estimate of evacuation times for existing community residents and/or employees that would be affected by the modeled evacuation event. For the Tier 2 analysis, Fehr & Peers anticipates needing a no project forecast of evacuation times to assess the effect of added project evacuation trips on total evacuation times. Their scope includes two different “plus project” scenarios which typically involves different wildfire evacuation scenarios (i.e., an assumption that one evacuation route could be closed due to fire or another hazard) but it could involve studying a project alternative (i.e., different scale project, or different primary evacuation route).
The Tier 2 analysis would present a defensible analysis of potential project impacts and mitigation measures and would be consistent with recent court rulings on the adequacy of CEQA emergency analysis and the direction provided by the Office of the Attorney General on Best Practices for Analyzing and Mitigating Wildfire Impacts of Development Projects Under CEQA in 2022.
The budget for a Tier 2 Quantitative Analysis would range between $30,000-45,000 and would be negotiated with the Town depending on the findings of the Tier 1 analysis.
Task 2 Technical Report Deliverables:
• Air Quality Report, Draft and Final
• Biological Resources Report, Draft and Final
• GHG/Energy Memorandum, Draft and Final
• Historic Resources Evaluation (Historical Report and Project Analysis Memo), Draft and Final
• Noise and Vibration Memorandum, Draft and Final
• Archaeological Resources Report (Basin Research Associates), Draft and Final • Transportation Analysis Letter Report (W-Trans), Draft and Final • Evacuation Analysis Memo (Fehr & Peers), Draft and Final Contingent/Optional Tasks:
• Air Quality Health Risk Assessment
• Tier 2 Evacuation Analysis
Task 3. Project Description
Concurrently with the preparation of the Technical Reports in Task 2, MIG will prepare a comprehensive CEQA Project Description that could be used in any CEQA document prepared for the project. MIG will use the information gathered in Task 1 to formulate a comprehensive description of the project. MIG will prepare a Project Description that will be submitted as a separate deliverable. MIG will prepare a draft and final Project Description. The environmental analysis will not proceed until the Town and MIG have confirmed the completeness and accuracy of the project description sufficient to allow for the preparation of the Initial Study checklist (see Task 4).
Task 3.1 Administrative Draft Project Description
The Project Description will be prepared consistent with CEQA Guidelines Section 15124. The Project Description will describe the project location, existing site conditions, all features of the proposed project, all phases of project construction, project objectives, and list the required permits and actions needed to approve the proposed project. The Project Description will provide an Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -170-
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overview of the Town’s certified Housing Element Programmatic EIR (2023) and will explain the relationship between the proposed project, an identified 6th Cycle Housing Element housing opportunity site, and the Housing Element Programmatic EIR. The Project Description will be supported by tables, figures, maps, and photographs as appropriate. MIG will work closely with the Town to prepare an accurate and detailed description of the project in its various phases and the CEQA environmental baseline. The project description will reference standard measures and best management practices used by the Town to avoid or minimize environmental effects.
Task 3.2 Final Project Description
Following one (1) round of Town review of the Administrative Draft Project Description, MIG will finalize the Project Description within one week of receipt of the Town’s comments. This proposed timeline assumes the Town will provide MIG with one (1) set of consolidated comments in MS Word format.
This scope assumes that the Project Description may need to be edited during Task 5: Public Draft IS/MND or Task 6: EIR to refine and/or update the IS/MND or EIR project description as the project progresses. As such, we have included hours for Project Description revisions in the proposed costs for Task 5 and Task 6.
Task 3 Deliverables:
• Draft and Final Project Description, MS Word file
Task 4. Initial Study/Determination of CEQA Document
Task 4.1 Initial Study Checklist
MIG will prepare an Initial Study checklist document informed by Town’s General Plan, Zoning Ordinance, Municipal Code requirements and other adopted regulations, project details provided by the project proponent and Town, the Housing Element Programmatic EIR, the technical reports prepared in Task 2, and the Project Description prepared in Task 3. The Initial Study Checklist will follow Appendix G of the CEQA Guidelines unless the Town provides its own version of the checklist. MIG will rely upon on Housing Element Program EIR analysis as much as possible and as allowed by the CEQA Guidelines (Section 15152 Tiering, 15168 Program EIRs, and 15183 Projects Consistent with a Community Plan or Zoning) thereby reducing the need to duplicate analysis. The cost estimate includes one round of City review prior to finalizing the Initial Study checklist.
Based on our current understanding of the project, our review of the project materials currently made available to us, and our familiarity with the significance conclusions and mitigation requirements of the 2023 Housing Element Programmatic EIR, we currently anticipate potentially significant impacts in the following environmental topics areas: Biological Resources, Historic Resources, and Transportation/VMT. There may also be potentially significant Emergency Evacuation impacts identified in the Emergency Evacuation technical report. The Initial Study impact analysis will provide a discussion of whether these impacts are mitigated by the Housing Element Program EIR Mitigation Measures or whether additional mitigation measures are required. The results of the Initial Study will inform the Town as to whether an IS/MND is appropriate for the project or whether project specific impacts have the potential to reach a level of significance, which would require the preparation of an EIR (see Task 6).
Task 4.2 Consultation with City
Following the completion of the Initial Study checklist, the Town and MIG staff will convene to discuss the Initial Study checklist’s findings and implications and come to a decision as to the Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -171-
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appropriate CEQA document—an IS/MND or EIR—for the project. If the Town and MIG determine an IS/MND is the appropriate CEQA document, MIG will use the final Initial Study checklist document as the basis for the administrative draft IS/MND and proceed to Task 5 and prepare a screencheck draft and public draft IS/MND for Town review. If the Town and MIG determine an EIR is the appropriate CEQA document, MIG will proceed directly to Task 6 and begin noticing for an EIR. As described under Task 6.2, MIG will take text from the Initial Study Checklist prepared during Task 4 and use it, with edits as needed, as the basis for the relevant chapters of the EIR document.
Task 4 Deliverables:
• Draft and Final Initial Study Checklist, MS Word file.
Task 5. Public Draft IS/MND
Should the Town decide an IS/MND is the appropriate CEQA document for the project, MIG would take the Initial Study Checklist document completed in Task 4 and produce a Public Draft IS/MND.
Task 5.1 Screencheck Draft IS/MND
MIG will respond to comments from the Town on the Initial Study Checklist and then produce a screencheck (pre-print) of the Public Draft IS/MND for Town review.
Task 5.2 Public Draft IS/MND
Upon Town approval, MIG will prepare the Public Draft IS/MND for public review.
MIG will prepare the Notice of Intent (NOI) to adopt the IS/MND for Town filing at the County Clerk’s Office and the State Clearinghouse to fulfill the public noticing requirements of CEQA Guidelines Section 15072. The Town can use the NOI to provide public noticing consistent with CEQA requirements (e.g., newspaper publication, direct mailers, and/or posting of notice on and off site).
Distribution of the public notice and availability of the document for public review and filing at the Clerk’s Office will be the responsibility of the Town.
MIG will prepare the Notice of Completion (NOC) and OPR Summary Form, and MIG will submit these forms to the State Clearinghouse along with the NOI and the Public Draft IS/MND. All PDFs submitted will meet the new OPR accessibility requirements.
This task also includes hours for managing the project’s administrative record as needed.
Task 5.3 Response to Comments
Upon the conclusion of the 30-day public review period, MIG will prepare final documents. MIG will review all written comments received during the public review period and prepare a memo responding to comments for Town review and consideration prior to project approval. The memo will contain a summary of all comments received during the public comment period (with an alphanumeric ID for each individual comment), responses to comments, and changes to the Draft IS text or errata, as necessary. MIG has allocated 40 hours for this task. MIG would only bill the time necessary to respond to the comments received. Should the volume of comments received require more than 40 hours of effort, MIG will request additional budget to complete the task.
We will prepare a draft of the response to public comment, respond to one round of administrative comments, and then finalize the document.
Task 5.4 Final IS/MND
Concurrent with the preparation of the Response to Comments and Mitigation Monitoring and Reporting Program (MMRP), MIG will prepare a Final MND document. The Final MND will contain Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -172-
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proposed findings, present all the mitigation measures identified in the IS/MND document, and provide the record of proceedings.
Task 5.5 Mitigation Monitoring and Reporting Program (MMRP) Concurrent with the preparation of the Response to Comments and Final IS/MND, MIG will prepare an MMRP according to Section 15097 of the CEQA Guidelines. The MMRP will present all the mitigation measures identified in the IS/MND in a table format. For each measure, the MMRP will identify the responsible party for ensuring proper implementation, the timing of implementation, and method of verification. The Town can use the table to track implementation and monitoring of the mitigation measures. The MMRP will also include for reference a list of all Best Management Practices ( BMPs) a pplied to the project. These measures are not mitigation and are not subject to CEQA monitoring and reporting requirements.
Task 5.6 Notices/State Clearinghouse Filing
As noted in Task 5.2 above, MIG will prepare and submit to the State Clearinghouse (SCH) the Notice of Completion (NOC), OPR Summary Form, and NOI when the Public Draft IS/MND is submitted to the SCH.
Within five working days after Town adoption of the MND and approval of the project, MIG will prepare a draft Notice of Determination (NOD). MIG will be responsible for filing the NOD at the SCH. MIG assumes the Town will be responsible for filing the NOD at the County Clerk’s office and paying any required filing fees for the California Department of Fish and Wildlife.
MIG has budgeted hours in this task for costs related to ensuring all forms and documents submitted to the SCH comply with applicable State and Federal Americans with Disabilities Act (ADA) requirements. These requirements include processing files through optical character recognition (OCR), PDF “flattening,” and other processes that ensure the text, including alternative figure text, is searchable and readable by screen readers.
Task 5.7 Public Hearings
This task includes the Senior Project Manager’s virtual attendance at two project hearings to approve the project and adopt the IS/MND. This task also includes hours for MIG to assist the Town with the preparation of presentation materials for the hearings, if needed.
Task 5 Deliverables:
• Screencheck Draft IS/MND, MS Word and PDF File
• Public Draft IS/MND, PDF File
• CEQA Notices: NOC, NOI, and OPR Summary Form
• Response to Comment Memorandum, Draft and Final
• Mitigation Monitoring and Reporting Plan
• Notice of Determination
Task 6. Potential EIR
At this time, it is unclear what the most appropriate CEQA document for the project is; whether it would be an IS/ND, IS/MND, or an EIR. MIG has established a scope of work and approach to the project that will allow the Town to make a fully informed decision based on factual analysis of the project’s potential impacts, and to decide what the most appropriate CEQA document is after completion of Task 4 (Initial Study/Determination of CEQA Document). The consultation with the Town as part of Task 4.2 will lead to the determination of whether an EIR is necessary. MIG is Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -173-
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presenting a potential scope and budget for a focusedEIR for consideration and planning purposes.
The actual scope and budget for the EIR would need to be confirmed as part of Task 4.2.
As described in the Approach section of our proposal, the CEQA Guidelines encourages lead agencies to tier off previously prepared CEQA documents. The Town will seek to use the analysis and findings contained in the 6
th Cycle Housing Element Program EIR to the greatest extent possible and as directed by CEQA Guidelines Sections 15152 Tiering, 15168 Program EIRs, and 15183 Projects Consistent with a Community Plan or Zoning. Should the analysis prepared in the technical reports and the Initial Study Checklist identify new potentially significant impacts, or substantially worse impacts than what was analyzed in the Housing Element Program EIR, then the Town will be required to prepare an EIR focusing on those particular impacts (CEQA Guidelines Section 15152 (a) and (d), 15168 (c), and 15183 (b)).
Subsequent EIR
If an EIR is required, it is likely that it would be a Subsequent EIR as outlined in CEQA Guidelines Section 15162, and our potential scope of work is based on this assumption. Should an EIR be required for the project, MIG is presenting a potential scope and budget for a Subsequent EIR that would contain three environmental impact chapters plus all the chapters an EIR is required to contain. We are assuming the EIR would contain a minimum of three impact analysis chapters based on our current understanding of the potential impacts to biological resources, historic resources, Transportation/VMT, and possibly evacuation planning. Our actual budget for the EIR would be confirmed with the Town at the time a decision is made that an EIR is required and our budget adjusted accordingly. The EIR costs presented in this proposal are advisory only.
Tasks required to prepare a Subsequent EIR include the following.
Task 6.1 Notice of Preparation
Draft and Final NOP
Once a decision has been made that an EIR is required MIG will prepare a Notice of Preparation (NOP) according to CEQA Guidelines section 15082. The intent of the NOP is to invite the public and agencies to provide input on the content (e.g., resource areas of interest, issues, alternatives, mitigation measures) that should be explored in an EIR. The NOP process is intended to identify potential public concerns that may otherwise arise later in the review and eliminate from detailed study issues found not be important.
MIG will provide a draft and final NOP containing project information as specified in CEQA Guidelines Section 15082. The Town will file the NOP with the State Clearinghouse, which will distribute the NOP to CEQA Responsible and Trustee agencies. The Town will send the NOP to other interested public agencies and other interested entities for the CEQA-required 30-day review period. The Town should also post the NOP with the San Mateo County Clerk. There is a 30-day public comment period for the public to respond to the NOP with written comments to the Town.
Public Hearing
During the 30-day public comment period, the Town will hold one virtual public hearing in which to receive oral comments from the public. MIG has budgeted eight hours for the preparation of a Power Point presentation for the public hearing and four hours for the Senior Project Manager to prepare for, attend the public hearing virtually, and lead the presentation.
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Assemble Public Comments
Comments on the scope of the EIR will be organized, referenced, and considered in the Draft EIR.
MIG will refine the scope of the environmental analysis, if warranted, in response to the public scoping process. In addition, MIG will, if necessary, coordinate with Town staff with respect to follow up consultation with interested and/or Responsible public agencies.
Town staff is responsible for compiling the NOP mailing list, including interested individuals and nongovernmental entities, distributing the NOP, securing the scoping meeting location, and notifying interested parties that do not directly receive the NOP.
Task 6.2 Administrative Draft EIR
MIG will prepare an Administrative Draft Subsequent EIR consistent with CEQA requirements. For the purposes of this proposal MIG is assuming the EIR would contain up to three impact chapters and all the other chapters required of an EIR.
The EIR will include all CEQA-required components, including baseline/existing conditions, project description (developed in Task 3), cumulative impacts, growth inducing impacts, and project alternatives. The CEQA-required executive summary will also be included, along with a summary table of impacts and mitigation measures. Where necessary to address potentially significant impacts, practical, implementable, and enforceable mitigation measures will be developed. The EIR will reference Housing Element Program EIR mitigation measures as appropriate and will bring in relevant analysis in the Program EIR to support the impact analysis and conclusion.
MIG will provide an Administrative Draft EIR for Town review.
Task 6.3 Public Draft EIR
MIG will anticipate one consolidated set of comments from the Town (including City Attorney comments) on the Administrative Draft EIR, respond to the comments, and provide the Town with a Screencheck Draft EIR. MIG will respond to comments on the Screencheck Draft EIR and prepare a Public Draft EIR for circulation. MIG will provide drafts of all the required CEQA notices and provide the Public Draft EIR in an accessible format, as required by the SCH.
This task also includes hours for managing the project’s administrative record as needed.
Task 6.4 Final EIR
Following the close of the 45-day review period on the Draft EIR, MIG will prepare a Response to Comments/Final EIR (RTC/FEIR) that includes responses to public and agency comments received.
This scoped work and budget assumes that the responses to comments can be organized so a set of master responses can be used to respond to many similar comments. Comments will be addressed with a reasoned analysis supported by substantial evidence related to the issues raised.
Some responses may result in revisions to the text or exhibits contained in the Draft EIR, and such changes would be documented in the RTC/FEIR. This task will also include a Mitigation Monitoring and Reporting Program (MMRP).
Response to Comments
We have allocated a total of 42 hours for the annotation of comment letters and drafting responses to the letters. Our subconsultants have also assumed a set number of hours to prepare the Draft EIR chapter and respond to public comments. Should the volume of comments exceed the amount we have anticipated in the budget or should one or more comments require new analysis, MIG will request additional services to complete the work.
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -175-
MIG, Inc. 26
MIG will provide responses to state agency comments to the commenting agency 10 days before the Final EIR certification hearing, in conformance with CEQA Guidelines requirements.
Mitigation Monitoring and Reporting Plan
Concurrent with the preparation of the Response to Comments and Final EIR, MIG will prepare an MMRP according to Section 15097 of the CEQA Guidelines. The MMRP will present all the mitigation measures identified in the IS/MND in a table format. For each measure, the MMRP will identify the responsible party for ensuring proper implementation, the timing of implementation, and method of verification. The Town can use the table to track implementation and monitoring of the mitigation measures. The MMRP will also include for reference a list of all BMPs applied to the project. These measures are not mitigation and are not subject to CEQA monitoring and reporting requirements.
Notices/State Clearinghouse Filing
As noted above, MIG will prepare and submit to the SCH the Notice of Completion (NOC), OPR Summary Form, and NOI the Draft EIR is submitted to the SCH.
Within five working days after Town adoption of the EIR and approval of the project, MIG will prepare a draft Notice of Determination (NOD). MIG will be responsible for filing the NOD at the SCH. MIG assumes the Town will be responsible for filing the NOD at the County Clerk’s office and paying any required filing fees for the California Department of Fish and Wildlife.
MIG has budgeted hours in this task costs related to ensuring all forms and documents submitted to the SCH comply with applicable State and Federal Americans with Disabilities Act (ADA) requirements. These requirements include processing files through optical character recognition (OCR), PDF “flattening,” and other processes that ensure the text, including alternative figure text, is searchable and readable by screen readers.
Task 6.5 Public Hearings
We have budgeted for the MIG Senior Project Manager for virtual attendance at two public hearings for adoption of the Final EIR with the Town Council. Town staff will be responsible for preparing public notices, presentation materials, and staff reports.
Task 6 Deliverables:
• Draft and Final NOP
• Power Point Presentation for NOP Hearing
• Administrative Draft EIR
• Screencheck EIR
• Public Draft EIR and CEQA Notices
• Administrative Draft Response to Comments
• Final Response to Comments / Final EIR Document
• Responses to comments made by state agencies provided 10 days before certification hearing • Mitigation Monitoring and Reporting Plan (MMRP)
• Notice of Determination
• Virtual Attendance at Three Public Hearings (one for NOP hearing and two for project approval/EIR certification)
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -176-
MIG, Inc. 27
Task 7. Meetings
Task 7.1 Monthly Conference Calls
MIG will participate in periodic conference calls with the Town (eight calls estimated at one hour per meeting) to facilitate team discussion and ensure information sharing between the project team and the Town. Call frequency and duration will be adjusted as needed during the course of the project, but the work scope and budget assumes a total of eight calls that would be scheduled on an asneeded basis. MIG will prepare a call agenda before each call and meeting minutes after each call.
Budget for public hearing attendance is accounted for under Task 5 and Task 6. Budget for the project kick-off meeting is accounted for under Task 1.
Task 7 Deliverables:
• Meeting Agendas and Call Summaries
Task 8. Project Management
This task comprises MIG’s internal management and regular coordination and communication with the Town of Hillsborough and project team members to ensure MIG and its subconsultants complete work tasks on time and within budget.
Task 8.1 Project and Subconsultant Management
This task allows MIG to manage staff and subconsultants and includes implementation of MIG’s quality control procedures (e.g., senior level review) for all deliverables.
The MIG Senior Project Manager will be actively involved in all aspects and phases of the project to ensure quality of work products and that the work is completed on time and within the estimated budget. The MIG Senior Project Manager will be the point of contact with the Town and will keep the Town apprised of project progress. If issues arise that will affect the schedule or budget, the Senior Project Manager will immediately inform the Town and discuss the best approach to resolving issues.
MIG has allocated budget for client communication and staff coordination to ensure that we can communicate clearly and effectively. Additionally, this budget covers implementing our quality control review process.
Task 8.2 Project Administration
This task allocates time for MIG’s CEQA Senior Project Manager and Project Accountant to manage the contract, budget, and approve invoices.
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -177-
61236.01300\40844037.1
15 EXHIBIT B
Project Fees
Costs associated with this project are funded entirely by the applicant, via a deposit account that is managed by Town staff.
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.
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -178-
Liz Ruess, Assistant Director of Building & Planning
CEQA Services for Strawberry Hill Tentative Map
MIG, Inc. 32
Budget
MIG will perform the services outlined in this scope of work for the fees summarized in Table 2. The cost table is based on our understanding of the project and assumptions listed in the Approach section, and the limitations identified below as factors triggering an increase in cost. If unforeseen conditions are encountered, or if we experience delays or circumstances beyond our control, we will notify the Town immediately to discuss modifications to the scope of services and/or project fees.
Tentaive Schedule for Deliverables of the MIG will bill only the time and expenses spent. We will not exceed this amount without prior approval from the County. With approval, additional services that are not outlined in this proposal will be charged on a time-and-expense basis. Payment for services shall be due upon receipt of MIG’s monthly invoice.
Technical Reports
The Housing Element Program EIR Mitigation Measures require the Town to prepare project-specific technical studies on development proposals for the vacant opportunity sites identified in the 2023 – 2031 Housing Element. These reports cover air quality, biological resources, historic resources, transportation/VMT, and emergency evacuation. Additionally, an Archaeological Resources report is required at the project stage because one was not prepared for the Housing Element Program EIR.
In addition to the technical reports required by the Housing Element Program EIR, MIG is proposing a GHG/Energy and Noise technical report in order to complete the Initial Study Checklist with factual information about the project. These reports would support either an IS/MND or an EIR if an EIR is required.
The technical reports listed in Task 2 are a significant portion of MIG’s overall budget and would be part of either the IS/MND or the EIR budget. The budget for all eight reports is $109,782. The budget for preparation of an IS/MND (Task 5) is $21,885. In comparison, the tentative budget for a focused EIR (Task 6) with three to four technical chapters is $50,065. MIG has provided a budget for communication and coordination with the Town by budgeting for a total of eight conference calls during the life of the project. We also have a project management budget that allows us to closely coordinate with our subconsultants and review their technical reports to ensure project information is accurate and consistent in their analysis approach.
To show our intent to keep the budget as low as possible, MIG has applied a 2% mark-up to direct costs (subconsultant budget and MIG expenses) rather than the standard 10%.
To facilitate MIG’s ability to respond to unanticipated issues, we are proposing a 10% contingency budget that would only be used with Town authorization.
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -179-
Liz Ruess, Assistant Director of Building & Planning
CEQA Services for Strawberry Hill Tentative Map
MIG, Inc. 33
Town of Hillsborough I Strawberry Hill Subdivision Tentative Map Project e s t i m a t e d p r o j e c t c o s t
Task 1: Project Initiation
1.1 Project Kick Off Meeting and Scope Refinement 7 $1,560 $0 $1,560
1.2 Project Background Information and Technical Documents 12 $2,070 $0 $2,070
1.3 General Site Visit 8 $1,440 $0 $165 $1,605
1.4 Data Request 7 $1,165 $0 $1,165
Subtotal 34 $6,235 $0 $0 $0 $0 $165 $6,400
Task 2: Technical Reports
2.1 Air Quality Report 30 $4,300 $0 $4,300
2.2 Biological Resources Report 112 $17,280 $0 $180 $17,460
2.3 GHG/Energy Memorandum 33 $4,790 $0 $4,790
2.4 Historic Resources Evaluation 122 $17,500 $0 $650 $18,150
2.5 Noise and Vibration Memorandum 37 $5,510 $0 $5,510
2.6 Archaeological Resources Report $7,092 $7,092 $7,092
2.7 Transportation Analysis $16,480 $16,480 $16,480
2.8 Evacuation Analysis $36,000 $36,000 $36,000
Subtotal 334 $49,380 $7,092 $16,480 $36,000 $59,572 $830 $109,782 Task 3: Project Description
3.1 Administrative Draft Project Description (1 round of review) 18 $2,510 $0 $2,510
3.2 Final Draft Project Description 5 $850 $0 $850
Subtotal 23 $3,360 $0 $0 $0 $0 $0 $3,360
Task 4: Initial Study/Determination of CEQA Document
4.1 IS Checklist 92 $14,730 $0 $14,730
4.2 Consultation with City 6 $1,330 $0 $1,330
Subtotal 98 $16,060 $0 $0 $0 $0 $0 $16,060
Task 5: Public Draft Initial Study/MND
5.1 Screencheck Draft IS/MND (2 rounds of review) 28 $4,600 $0 $4,600
5.2 Public Draft IS/MND 8 $1,140 $0 $1,140
5.3 Response to Comments 40 $6,505 $0 $6,505
5.4 Final IS/MND 15 $2,490 $0 $2,490
5.5 MMRP 6 $750 $0 $750
5.6 Production and Document Accessibility 10 $1,610 $0 $1,610
5.7 Notices/SCH Filing 4 $500 $0 $500
5.8 Public Hearing (assume 2 hearings (virtual, 3 hours for attendance and 3 hours for material prep)) 18 $4,290 $0 $4,290
Subtotal 129 $21,885 $0 $0 $0 $0 $0 $21,885
Task 6: EIR
6.1 Notice of Preparation 38 $6,120 $0 $6,120
6.2 Administrative Draft EIR 141 $24,505 $0 $24,505
6.3 Public Draft EIR 27 $4,095 $0 $4,095
6.4 Final EIR 75 $12,465 $0 $12,465
6.5 Public Hearings (assume 2 hearings, virtual attendance) 12 $2,880 $0 $2,880 Subtotal 293 $50,065 $0 $0 $0 $0 $0 $50,065
Task 7: Meetings
7.1 Conference Calls (8 calls) 32 $6,330 $0 $6,330
Subtotal 32 $6,330 $0 $0 $0 $0 $0 $6,330
Task 8: Project Management
8.1 Project and Subconsultant Management 40 $8,750 $0 $8,750
8.2 Project Administration 28 $4,760 $0 $4,760
Subtotal 68 $13,510 $0 $0 $0 $0 $0 $13,510
718 $116,760 $7,092 $16,480 $36,000 $59,572 $995 $177,327 2% Markup (on Subconsultants and Direct Costs) $1,191 $20 $1,211 IS/MND Base Cost $178,538
10% Contingency Fee (on MIG Totals) $11,676
Optional Health Risk Assessment $3,810
$194,024
882 $144,940 $7,092 $16,480 $36,000 $59,572 $995 $205,507 2% Markup (on Subconsultants and Direct Costs) $1,191 $20 $1,211 EIR Base Cost $206,718
10% Contingency Fee (on MIG Totals) $14,494
Optional Health Risk Assessment $3,810
$225,022
Sub
Totals
IS/MND SUBTOTAL
W-Trans Fehr &
Peers
MIG
Direct
Costs
Professional
Fees
Totals Basin
MIG, Inc. Subconsultants
MIG
Totals
EIR TOTAL COST
IS/MND TOTAL COST
EIR SUBTOTAL
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -180-
61236.01300\40844037.1
16 EXHIBIT C
Activity Schedule
MIG is presenting a schedule for the completion of an IS/MND and a tentative schedule for the completion of an EIR. The schedule is tied to both the date of notice to proceed and the date on which MIG receives all key project information requested in the data request prepared in Task
1.4. All technical reports (Task 2) will be prepared simultaneously, and draft reports will be provided within six to eight weeks of the start of work, depending on the specific report and the speed at which data can be obtained. The schedule for Task 2 is partially driven by the time it takes to receive the CHRIS search results which can take up to six weeks for an unexpedited search.
MIG will prepare the Project Description (Task 3) while the technical reports are being prepared.
MIG will provide the Administrative Draft Initial Study Checklist (Task 4.1) one week after the last technical report is approved by the Town. MIG can provide a full IS/MND for publication five weeks (including Town review of Screen check IS/MND) after the decision to prepare this type of CEQA document. If the Town determines an EIR is needed for the project, MIG could immediately begin the Notice of Preparation task.
The proposed IS/MND schedule is based on MIG’s understanding of the project issues to be addressed in the a IS/MND and incorporates time for Town review of draft documents and the required 30-day public review of the IS/MND. Timing of the IS/MND approval would be dependent upon the Towns’s public hearing schedule.
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -181-
Note: Following Task 4, the project scehdule woud follow either the Task 5 OR Task 6 progression, not both.
Town of Hillsborough I Strawberry Hill Subdivision Tentative Map Project Legend
MIG
Town Review
6 13 20 27 3 10 17 24 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29 1 Task
1.1 Project Kick Off Meeting and Scope Refinement
1.2 Project Background Information and Technical Documents
1.3 General Site Visit
1.4 Data Request
2 Task
2.1 Air Quality/HRA Report
2.2 Biological Resources Report
2.3 GHG/Energy Memorandum
2.4 Historic Resources Evaluation
2.5 Noise and Vibration Memorandum
2.6 Archaeological Resources Report
2.7 Transportation Analysis
2.8 Evacuation Analysis
3 Task
3.1 Administrative Draft Project Description (1 round of review)
3.2 Final Draft Project Description
4 Task
4.1 IS Checklist
4.2 Consultation with City
5 Task
5.1 Screencheck Draft IS/MND
5.2 Public Draft IS/MND
5.3 R esponse to Comments
5.4 Final IS/MND
5.5 MMR P
5.6 Production and Documet Accessibility
5.7 Notices/SCH Filing
5.8 Public Hearings (assume 2 hearings (virtual, 3 hours for attendance and 3 hours for material prep))
6 Task
6.1 Notice of Preparation/30-day Public Comment Period
6.2 Administrative Draft EIR
6.3 Screencheck/Draft EIR
6.4 Final EIR
6.5 Public Hearings (assume 3 hearings, virtual attendance) 7 Task
7.1 Check-In Conference Calls
8 Task
8.1 Project and Subconsultant Management
8.2 Project Administration
Oct Nov Dec
Year
Apr May Jun Jul Aug Sep
Lighter shade corresponds to MIG active work periods. Darker shade corresponds to Town review periods.
Jan Feb Mar
Schedule
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -182-
61236.01300\40844037.1
17 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.
Docusign Envelope ID: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 -183-
Certificate Of Completion
Envelope Id: 6B5B95A5-CB7B-40B3-938B-5D763F2DCE72 Status: Completed Subject: Complete with Docusign: MIG--Strawberry Hill_PSA with Exhibits.pdf Source Envelope:
Document Pages: 39 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Liz Ruess
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1600 Floribunda Avenue
Hillsborough, CA 94010
[email protected]
IP Address: 67.161.169.54
Record Tracking
Status: Original
2/19/2025 4:18:24 PM
Holder: Liz Ruess
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Town of Hillsborough Location: Docusign Signer Events Signature Timestamp
Daniel Iacofano
[email protected]
President & CEO
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Electronic Record and Signature Disclosure:
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Christopher Diaz
[email protected]
City Attorney
Town of Hillsborough
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Using IP Address: 104.28.124.70
Signed using mobile
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Accepted: 2/20/2025 2:39:36 PM
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Doug Davis
[email protected]
City Manager
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ID: 5e3644a1-8ebb-4cf1-a098-0f83fd8001a9
Lisa Natusch
[email protected]
City Clerk
Town of Hillsborough
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(None)
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Using IP Address: 71.198.34.34
Signed using mobile
Sent: 2/20/2025 5:57:17 PM
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Signed: 2/20/2025 6:15:46 PM
Electronic Record and Signature Disclosure:
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Signer Events Signature Timestamp
Accepted: 5/12/2021 12:19:56 PM
ID: 52744f7b-1806-4b86-8ff4-37a8bb8d6ce6
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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Liz Ruess
[email protected]
Assistant Director of Building & Planning
Security Level: Email, Account Authentication
(None)
Sent: 2/20/2025 6:15:48 PM
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Electronic Record and Signature Disclosure:
Not Offered via Docusign
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Envelope Updated Security Checked 2/19/2025 7:31:03 PM
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Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Town of Hillsborough (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 7/24/2020 5:14:38 PM Parties agreed to: Daniel Iacofano, Christopher Diaz, Doug Davis, Lisa Natusch -186-
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Town of Hillsborough
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
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Until or unless you notify Town of Hillsborough as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Town of Hillsborough during the course of your relationship with Town of Hillsborough.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
12 CONSENT CALENDAR
CITY COUNCIL MEETING
JULY 13, 2026
AGENDA STAFF REPORT
ITEM SUBJECT: Resolution Approving and Authorizing the City Manager to Execute a Third Amendment to the Existing Agreement with Haley & Aldrich, Inc. for Professional Geotechnical and Engineering Services for the Macadamia Access Road Repair in the Amount of $37,538.00 for a Total Contract Amount of $426,802.00, under CEQA Guideline 15301
SUMMARY: The 2022-2023 winter storms caused several slip-outs along the Macadamia access road which is located in the Macadamia and Crocker open space area and behind private properties on Skyfarm Drive. A total of nine slip-outs were observed over a stretch of approximately 4,000 feet of the dirt access road. Repair of this access road is necessary to maintain access to the Town’s public sewer main located within the easement and to maintain sanitary sewer services to Town residents.
On August 14, 2023, the City Council approved and authorized the City Manager to execute an agreement with Haley & Aldrich, Inc. for geotechnical engineering and design services, which included data review, field exploration, laboratory testing, analysis and reporting, the amount of $68,394.00.
On September 11, 2023, the City Council approved and authorized the City Manager to execute an amendment to the agreement to provide detailed civil and structural design services, including survey work, basis of design memorandum, detailed construction drawings and engineer’s estimates, in the amount of $215,870.00.
Construction was split into two phases; six sites in Phase 1 and three sites in Phase 2.
On July 14, 2025, the City Council approved and authorized the City Manager to execute a second amendment to the agreement for environmental permitting and Phase 1 construction support services in the amount of $105,000.00.
Phase 1 was completed in the fall of 2025 and Phase 2 is anticipated to begin in early August 2026. A third amendment is recommended for Phase 2 construction support services in the amount of $37,538.00. Construction support involves specialized inspection of pile drilling, which is necessary for Haley & Aldrich, Inc. to fulfill their role as Engineer of Record. This work goes beyond the typical construction support of participation in weekly meetings and review of submittals and Requests for Information (RFIs). No additional amendments are anticipated for this contract.
FISCAL IMPACT: The current allocated project budget is $389,264.00. It is recommended that additional funding in the amount of $37,538.00 be allocated from the Macadamia Access Roads -189-
Agenda Staff Report – Hillsborough City Council
July 13, 2026