[0:03] mic doesn't it's pretty loud. [0:06] >> How do we turn the volume down on that? [0:08] A little better. [0:11] Thank you. [0:12] >> Right. Right. Good evening. Um the [0:15] Hillsboro City Council meeting is now [0:17] called to order. Um the time is um [0:21] 3:32 [0:25] and um February 9th, Monday. City clerk, [0:29] may we please have the roll call. [0:31] >> Thank you. Mayor Cole Adams, [0:34] >> present. [0:37] » Schwang, [0:38] >> present. Kle, [0:39] >> present. [0:40] >> Braxdale, [0:41] >> present. [0:42] >> Cole, [0:43] >> present. [0:45] Um the first item um today is actually a [0:48] study session which is why we are [0:49] starting at 3:30 and we will be [0:51] returning after close session for the [0:53] regular city council meeting at 6 p.m. [0:55] The study session today is on um water [0:58] rates cost of stud of service study [1:00] which will be introduced by finance [1:02] director Jen Cook. She's here with her [1:04] entire team. Um I'm happy to call their [1:07] names. Uh Rick Simmonson, vice president [1:10] HFN and H Consultants. Gibb Sasser, [1:13] project manager, HF and age consultants [1:16] and lufti karof partners special [1:18] districts and public finance practice [1:20] groups best and creger are available for [1:22] questions. Okay, Jen, good afternoon. [1:26] >> Good. Good afternoon. [1:29] So, we're here today to study the the [1:31] water rates. This is a very draft [1:34] preliminary view and there's no action [1:37] that is required today but we are asking [1:40] for any feedback from the city council [1:43] so that we can then prepare a more [1:45] detailed uh technical report and bring [1:47] that back for review by the city [1:49] council. Um so just a couple of things. [1:53] Um these would be maximum rates that [1:57] would be considered and um should [2:00] circumstances in any one year uh when if [2:03] these were adopted um be more favorable [2:07] then uh city council would have a choice [2:09] of not adopting the maximum rate for [2:12] that year. So again, remember that this [2:15] is a study session, but at some point [2:17] when we get to a proposition 218 notice [2:20] where you will will would be um adopting [2:24] a maximum set of rates. Those would set [2:26] the rates for the five years, but each [2:29] year you you will come back we'll come [2:31] back with a resolution on how much would [2:34] be adopted and it could be anything at [2:36] the max rate level all the way down to [2:39] anything like zero should there not be a [2:42] rate needed in that one year and a rate [2:44] increase in that one year. [2:49] Also just to note on on uh rate study [2:52] overall that uh the total rates cover [2:57] the costs of the system. This is not a [3:00] profitm [3:01] uh situation where one set of rates [3:05] would give you a different answer than [3:07] another set of rates. We're going to be [3:08] showing you two different options here [3:11] tonight and they would both end up with [3:13] the same resulting revenue and [3:15] expenditures. It's just a matter of how [3:18] those rates are configured. And so just [3:20] to keep that in mind as well. And with [3:23] that, I'm going to hand it over to our [3:25] consultants. [3:27] >> Good evening. Rick Simson, senior vice [3:30] president with HFNH. So we have [3:32] conducted a water and sewer rate study. [3:34] I'll first start with the water and ask [3:37] uh for feedback. If along the way you do [3:39] have a question, please do not hesitate [3:41] to stop me. [3:46] See this way. [3:49] There we go. [3:52] So, the purpose of this discussion is to [3:55] uh highlight our preliminary findings [3:58] for our cost of service study with rates [4:01] to become effective July 1 of this year. [4:05] We are we have in projected revenue [4:09] increases for the next five-year period. [4:12] Again, these are revenue increases 6% 6% [4:16] followed by 3 5% to cover increasing [4:19] costs. Again, when we do rate studies, [4:23] the maximum allowed is a five-year [4:25] period. So, we're recommending for the [4:27] next five years. [4:29] Part of this review does look at [4:32] restructuring your current rates. You [4:34] have four tiers for your volutric water [4:37] rates. We are presenting here tonight [4:40] the results of bringing that to a [4:42] two-tier or a uniform system. Uh there's [4:47] been recent litigation and court [4:49] findings throughout the state of [4:50] California that has led to refining how [4:54] water rates are sent and they can be in [4:56] conflict with one another. So there is [4:58] still some discretion if you have a [5:00] uniform or two tier and that's why we're [5:03] presenting both here tonight. [5:07] What is driving those initial revenue [5:09] increases over the next five years? [5:12] First rates have not increased since [5:14] last January. So we know some sort of [5:16] increase will be due this year and we're [5:18] projecting for July 1, 2026 of this [5:22] year. One of the town's main costs is [5:25] the cost of the water coming from the [5:29] San Francisco Public Utilities [5:31] Commission in which you have an [5:32] agreement to purchase water from them. [5:34] Those costs are increasing just this [5:37] year 9% and over the next five years [5:40] they'll increase 23%. So rising water [5:44] costs along with regular inflationary [5:46] increases for your operations and [5:48] maintenance costs including capital [5:51] expenditures and we'll highlight some of [5:54] those projects in the forthcoming slide [5:56] at about 2.9 million per year. In [5:59] addition, there's still current debt uh [6:02] that the city has for past projects that [6:05] will continue through this 5-year [6:06] period. But something that's helping [6:08] offset some of these costs is a about a [6:11] $400,000 reduction in that debt service [6:14] payment in the last year of the next [6:16] five years. So for fiscal year 3031, [6:24] I mentioned the SFPU and their costs [6:27] rising. So this is something that over [6:29] the last few years they've been [6:31] increasing their rates annually. They [6:34] went through a period uh from 2017 to [6:37] 2022 where they kept rates the same. [6:39] They were utilizing their reserves to [6:42] pay for their projects, but they [6:43] realized that was not sustainable. So [6:45] those costs have been increasing as of [6:48] late and are projected to continue to [6:51] increase. They look at their rates on an [6:54] annual basis. So they've given us some [6:56] projections of what to expect over the [6:58] five years. As I mentioned, 9% this year [7:01] and it'll continue to increase over the [7:03] next five years. The last time rates [7:07] were set were in 2022. [7:09] So that's the time where they started [7:11] when we set the rates back in 2022. We [7:14] know they were increasing to that 475, [7:17] but not sure how they would handle those [7:19] increases moving forward. You can see [7:21] some substantial increases increases [7:24] since the last time rates were set. [7:30] In addition to rising water costs, uh we [7:33] have seen the town uh residents and [7:36] businesses using less water, which is a [7:38] good thing. Uh however, that means [7:41] revenues are decreasing along with it. [7:44] Uh you'll see the historical peak uh [7:48] about 13 14 years ago was quite high. [7:51] This is 1.6 6,00 cubic feet and 100 [7:55] cubic foot is about 750 gallons. So [7:59] there's been a lot of conservation uh [8:01] which is a good thing. We've seen that [8:03] decrease since the last time rates were [8:05] set again in 2022. Took a bit of a dip [8:08] and it's on the rise again. But for this [8:12] rate setting uh five years we've taken [8:15] the average consumption of 1.13 million [8:20] HCF per year and projected that moving [8:23] forward. So not a significant increase. [8:26] We're trying to be conservative and say [8:28] water even though we're seeing an uptick [8:31] in water sales for this purpose. We're [8:34] trying to be conservative and not bank [8:36] on having those uh increasing sales. So [8:40] it it is in line with the average over [8:42] the last seven years. So we're fairly [8:44] confident. [8:48] Looking at the capital expenditures, [8:51] uh there's about a million dollars per [8:52] year for just water main replacement. [8:55] These are the the main with under the [8:58] street delivering to the households and [9:00] businesses replacing that at a million [9:02] dollars per year. There's a couple more [9:05] significant projects. uh pump station [9:08] generator Clark Concar about 1.6 million [9:11] as well as the Daryl pump line rehab and [9:14] replacement. So these types of projects [9:17] come along uh periodically so they have [9:20] been included here as well about 3 [9:22] million 2.973 [9:24] per year and that's what's included in [9:28] this analysis. So some major uh rehabs [9:31] and repairs. [9:36] Let's get to the crux of a cost of [9:38] service study. Uh the first thing we [9:40] look at as we're analyzing the rates are [9:44] uh staff meeting with staff to [9:46] understand the on andm costs which are [9:48] depicted here in the light blue. Admin [9:51] and O and M costs in the stacked bar [9:53] chart. [9:55] Purchase water costs on the bottom dark [9:58] green there. We want to make sure we can [10:00] cover those costs as well as debt [10:03] service. As I mentioned, there's [10:04] outstanding debt service. So, there's an [10:06] obligation to pay that back and that's [10:09] on the dark uh darker green and the [10:13] light green are capital projects. This [10:15] is a bit more discretionary, but as I [10:17] showed on the previous slide, there's [10:19] necessary projects that should be done [10:21] over the next five years. So, they get [10:23] this gives us a visual of what the total [10:26] costs are over the next five years. [10:28] We've overlaid on that the solid black [10:31] line there which are your revenues at [10:33] current rates. So if you did nothing [10:35] with your rates you can see even in this [10:38] current fiscal year we are covering [10:41] those costs that must uh occur the on [10:43] andm the debt service purchasing the [10:46] water and most of the capital projects. [10:49] So we know there is a shortfall that [10:51] needs to be bridged over the next five [10:53] years as that continues to go up and by [10:56] 3031 [10:58] uh we would not be covering the debt [11:00] service as well. So we know some sort of [11:02] increase is necessary [11:08] and some of you may be familiar with [11:10] this chart as we look at this to [11:12] understand how much revenue needs to be [11:15] generated and taking into consideration [11:18] not just those expenses and revenue at [11:21] current rates from the last slide but [11:23] understanding you have reserves. So [11:25] whenever revenues come in more than your [11:27] expenses, they're held in a reserve. [11:29] They can't be used for other town [11:31] purposes. So within the water reserve, [11:34] we're starting uh in June 30, 2025, so [11:38] the end of fiscal year 2425 [11:41] just $7 million. So we can utilize some [11:45] of those reserves. And that's what's [11:47] occurred in 2526 [11:49] since there hasn't been a rate increase [11:52] uh this fiscal year yet. [11:55] So you see the solid green line which [11:57] depicts the fund balance at the end of [12:00] each year assuming the percent increases [12:03] in revenue you see across uh the bottom [12:07] there. If you do nothing, we've depicted [12:10] that with the dotted green line there, [12:13] you'll dip below what we call our [12:15] operating minimum reserve before the end [12:18] of fiscal year 2627 and it'll be fully [12:21] depleted by the end of 2728. [12:24] So we use these as guidelines as [12:26] operating minimum. That's for day-to-day [12:30] operations, keeping in reserves. you can [12:33] pay for uh staff on a day-to-day basis [12:37] as revenue comes in only when build. So [12:40] that's a minimum we never want to see uh [12:43] the fund balance go below incrementally. [12:47] On top of that is a capital reserve to [12:49] help pay for those capital projects or [12:51] emergencies that can come up during the [12:53] year. And that's depicted in the solid [12:55] blue line. So, as we're crafting the [12:58] necessary revenue increases, we try and [13:00] keep that solid green line above that [13:03] red line and approaching the target as [13:06] we do so here by the end of the fifth [13:08] year. So, that's how we got to the [13:10] percent increases you see there. [13:15] Now, revenue increases are different [13:17] than rate increases. [13:20] In this particular case, when you do a [13:22] cost of service, you need to allocate [13:24] costs to each of the respective charges [13:26] and customer classes. [13:29] So currently, how we read this table, [13:31] the current revenue from 2526 rates show [13:35] we get about 12.6 million from [13:37] residential volumetric charges. So [13:40] that's based on how much water you use [13:43] and the non-residential less than a half [13:45] million. The service meter charge is [13:48] that fixed charge before you turn on [13:50] that faucet paid by all customers. So [13:54] roughly currently you're getting about [13:56] 71% of that revenue from the volutric [13:59] charge and 29% from the service charge. [14:03] As we've done the cost of service, we [14:05] see costs have shifted between [14:08] residential and non-residential [14:10] volumetric charges where residential's [14:14] coming down, non-residential going up, [14:16] but a large shift of those costs to the [14:19] service or meter charge increasing to [14:21] 36% [14:23] of the cost that should be recouped from [14:26] the service or meter charge. So we are [14:29] seeing a shifting of those costs which [14:31] happened during a realignment of a cost [14:33] of service. So though we've mentioned [14:35] and you see there at the bottom right [14:37] hand corner that there's a 6% [14:40] revenue increase [14:42] the rates will change in a different [14:44] manner. Some higher some lower. [14:50] So what does that look like? And I did [14:52] mention we have two different scenarios. [14:56] Whoops. [14:58] First on the left side of the slide [15:00] you'll see the service or fixed meter [15:02] charge. These are charged to your [15:05] customers regardless of how much water [15:07] they use. But it is dependent on the [15:09] capacity in the system that they have [15:11] which is measured by the meter in which [15:14] they need. So it is graduating. The [15:17] smaller the meter, the less fixed charge [15:19] you pay as you're uh using less capacity [15:23] in the system or need less capacity in [15:27] the system. You need a smaller system if [15:29] you have a smaller meter, a much larger [15:31] system to be maintained if you have a [15:33] larger meter. So we are seeing as I [15:36] showed in that previous slide a shift [15:39] and an increase uh more than the 6% in [15:44] the service charge going from 16118 to [15:47] 23795 for the 3/4 inch meter. [15:53] looking at the tiered volutric charges. [15:57] We're looking at reducing just a one [15:59] customer class instead of separating by [16:02] monthly by residential and [16:04] non-residential. [16:06] Currently residential has a four tier [16:08] system and non-residential is uniform. [16:11] We've looked at two different scenarios. [16:13] On the right hand side top you'll see we [16:17] have allocated the costs and developed [16:20] tiers with breakpoint of 42 HCF in a [16:25] bimonthly period for customers that are [16:28] build on a bimonthly period [16:31] and that charge would be $9.32 [16:34] until you hit 42 units. If you hit 42 [16:37] units during that billing period, the [16:39] following units are charged $14.75. [16:44] And that would be the same for the [16:46] monthly customers, which there's a [16:48] handful of residents and the commercial [16:51] businesses. And since that's done on a [16:53] monthly basis, that breakpoint is half [16:56] of the bimonthly. So once you reach 21 [16:59] units, you would charge be charged a [17:01] $9.32 [17:04] and 1475 once you go over that 21. [17:09] Or alternatively, and as Jan mentioned, [17:11] both of these scenarios generate the [17:13] same revenue. [17:15] So it doesn't harm city staff and doing [17:18] the work they need to get done. that if [17:21] it's a uniform, all customers would be [17:25] charged for each unit of water. Again, [17:28] an HCF is 750 gallons at $11.50. [17:35] So, as you can imagine, [17:38] uh there was a different bill impact [17:40] between which scenario was chosen, [17:43] though again overall the same revenue [17:45] will be generated just differently by [17:47] each customer. [17:49] So with that I have a few slides of [17:52] showing the bill impacts and they can be [17:54] quite significant. [17:56] Here we're showing just those customers. [17:59] There's uh 12 that are build on a [18:02] monthly basis. These residents have [18:04] chosen to be build on a monthly basis. [18:06] So we know what their bills are [18:09] currently with the four tier system. And [18:12] if they use the same amount of water in [18:14] the same months that they did [18:16] previously, we're showing the impacts of [18:19] the two proposed scenarios. First, the [18:21] two-tier and then the far right two [18:25] columns for the uniform charges. [18:28] So, it does vary depending on how much [18:30] water you use and when you use it during [18:33] the year. So, you'll see a significant [18:35] decrease in customer F of about 28,000 [18:40] for the year. Again, this is for the [18:42] year or it could be an increase of $922 [18:47] for customer J. Again, it depends on how [18:50] much water you use within that each [18:53] monthly period depending on do you hit [18:56] that tier where you pay more or not. [19:01] There are [19:03] also large changes to bills if you go [19:07] uniform. So, we can't avoid uh having [19:11] significant changes, but they do differ [19:13] from customer to customer. [19:16] As large as a $42,000 reduction in their [19:19] annual bills for customer F and 1,400 [19:23] for customer J. [19:31] We also have a limited number of [19:33] commercial customers that we've shown [19:36] here as well. This is each commercial [19:38] customer because there's just a handful. [19:43] Again, it does matter which of the two [19:46] scenarios of chain or which of the two [19:49] scenarios [19:52] are chosen. [19:55] $82,000 increase to customer A [19:59] or 24,000 if you choose a uniform. [20:03] That's how you read this table. So [20:07] both options are reasonable and [20:10] defensible, [20:12] but we wanted to make sure you had full [20:14] disclosure of the impacts of both of the [20:17] decisions. [20:20] So give you another second to peruse [20:22] this. [20:26] And it's a bit more difficult because [20:28] the rest of your customers that weren't [20:30] on those last two slides are [20:32] residential. So there's nearly 4,000. So [20:35] it's a little bit difficult. We can't [20:36] put them all on one slide and show each [20:38] individual customer's impact. So what [20:41] we've done here on the top, if you look [20:45] at the horizontal line and you look to [20:48] the left, those are the number of [20:50] accounts for each of the two options [20:52] that would see a [20:54] decrease in their bills for the year in [20:58] buckets there. So, starting from that [21:01] horizontal line and looking to the left [21:04] and looking at the two-tiered rate row, [21:06] that's 398 [21:08] customers would expect to see a decrease [21:12] in their annual charge between zero or [21:17] $1,000. [21:20] As you go to the left, you'll see the [21:23] numbers of customers begin to decrease. [21:25] 114 [21:27] would see a decrease between 1,00 and [21:30] 2500 and so forth. [21:34] Looking to the right of the horizontal [21:36] line, these [21:41] oh I've been saying horizontal instead [21:43] of vertical. [21:46] So from the vertical line number of [21:48] accounts with annual bill increase [21:52] the bulk of your customers about 85% [21:57] under the two tier will see a bill [21:59] increase [22:01] one to $500 is 1,128 [22:04] of that 85%. [22:07] 501 to a,000. Most of the residential [22:11] customers, 2,249 [22:14] out of the 3988 [22:17] and 32 could see increases greater than [22:19] a thousand. [22:22] You look at the uniform rate uh for [22:28] the second option again you will see [22:31] significant increases about 82% in [22:35] total. will see an increase and 18% [22:39] would see a decrease in the numbers you [22:42] see there. So there is a bit of a shift [22:44] with the uniform where there's greater [22:47] decreases for example in the 20,000 plus [22:51] one customer in the two-tier versus [22:53] three in the uniform. You'll see a [22:55] similar change as the impacts shift [23:00] to make it a little easier for those uh [23:03] that know their water use. On the bottom [23:05] here we have shown uh average water use [23:09] which is 240 HCF or high water use which [23:13] is two times or low water use half of [23:16] that. Wherever you fit within that [23:18] category you can get an idea of your [23:21] annual impact. Again it depends on how [23:24] much water you use during the year. It's [23:26] those high water use customers under [23:28] both options that will see the decrease. [23:38] So that was a basis of our initial rate [23:42] study. What we always do once we've [23:45] identified what the necessary revenue [23:47] increases are, we look at the [23:50] sensitivities. As you know, water use [23:52] can change from year to year. So we like [23:54] to see what could occur with what we're [23:57] recommending, which is depicted here in [23:59] the solid blue line there in the middle. [24:01] what could occur to your fund balance if [24:04] water sales increase or decrease? So, [24:08] we've just shown a couple here. I think [24:10] it gives us comfort when we see [24:12] something like that this that even if [24:14] revenues [24:16] increase because there's a lot more [24:17] water sales and what we projected your [24:20] fund balance is still under the target [24:22] till that fifth year but it remains [24:25] healthy. So, you may contemplate having [24:27] something less than what was projected. [24:30] for example, this 5% in the fifth year, [24:32] you may be able to do something less if [24:34] water sales improve. But we're more [24:37] concerned with what if there's more [24:39] conservation, less water sales, what [24:42] would that would do to the fund balance [24:44] to fund the operations and capital. So [24:46] we also depict that as well. the dotted [24:49] orang-ish and reddish lines you see [24:52] there some various sensitivities [24:55] still above that minimum operating even [24:58] if we see consistent reduction in water [25:01] use. So with what we're recommending, we [25:04] do have the two options, but we are [25:07] confident with our projections that [25:09] regardless how the water sales go over [25:11] the next 5 years that you'll be in good [25:14] shape. And if they increase [25:15] significantly [25:17] when you're setting rates, those are [25:19] just the maximum. You can always do [25:21] something less, which was the case about [25:23] six years ago where council decided not [25:25] to increase the rates because it had [25:28] sufficient revenue. [25:33] So that's the details of our study and [25:34] our preliminary results. I just want to [25:36] give you a a timeline of what we will be [25:41] doing with next steps. So tonight we're [25:44] here with a council study session. We're [25:46] looking to meet with the FAC in March [25:50] 2nd, followed by coming back to the [25:53] council either March 9th or April 13th [25:57] to get approval to send a proposition [26:00] 218 notice, which is a notice that is [26:02] required whenever you're going to [26:04] increase rates. So, you notify your [26:06] residents and businesses. [26:09] At that time, you would decide which of [26:11] the options. [26:13] If we do not decide that tonight, [26:16] it would be printed on that Prop 218. [26:19] Following at least 45 days, which is a [26:21] requirement before you have the public [26:23] hearing, that would occur either in May [26:25] or June, depending on when the notices [26:27] were mailed out. Again, this is all in [26:30] an effort to have rates effective July [26:32] one of this year. [26:36] » Thank you, M. [26:37] >> So, let's circle back just real quick. [26:39] Circle back to what we're asking you [26:41] for. So I'd like to just summarize uh so [26:44] a new rate study was conducted of the [26:46] preliminary results that I presented to [26:48] you here today for rates to be effective [26:51] July 1st. We are uh looking for feedback [26:56] questions how we may uh answer any of [26:59] those questions and get your feedback on [27:01] which of the two rate scenarios you [27:04] would like us to come back with. [27:05] Typically we will have a full report [27:08] based on the selected scenario. You can [27:11] see more of the details how rates are [27:13] calculated. [27:19] » Thank you. [27:20] Mr. Simson. Sorry to cut you [27:22] off earlier. [27:23] >> Um I um I suspect the council have some [27:27] questions, right? Any of my colleagues [27:30] have any clarifying questions for Mr. [27:32] Simson? Starting with Council Member [27:34] Muang. [27:36] >> Thank you. Uh thank you. Great to see [27:39] everyone in person. This is fantastic. [27:41] Um so thank you for your presentation. [27:44] My question is this. Um we're looking at [27:48] basically the [27:51] purchasing price of the volumes of water [27:54] that we need to purchase um and the [27:57] capital improvements that we have. And [28:00] based on those two factors and the [28:02] consumers uh even if we purchases the [28:06] consumers paying for them right and so [28:09] based on that that's how we come about [28:12] factoring into [28:15] um the unit price is that is that that's [28:19] correct [28:19] >> is that in the nutshells how how I [28:21] understand this [28:22] >> yes [28:22] >> okay so my question and this this may be [28:26] more to our public or director And that [28:29] is in the capital improvements. I [28:32] noticed that there are several items [28:35] that talk about the demolishing of the [28:38] tank and so forth. Are those [28:42] a long-term capital improvements? Are [28:44] they the demolitions will be placed with [28:49] a new tank? Is is that how [28:53] I I guess I'm trying to figure out what [28:54] is the cost for us to have quality [28:56] water. [29:06] Hello. Good evening, Madame Mayor, [29:07] members of the council. A great [29:09] question. So, like for example, the [29:10] demolition of the tanks. It's fully [29:14] considering our new tank that's in [29:15] service, the Daryl tank, as well as uh [29:18] anticipation of our future high water [29:21] line, which would make some of our [29:23] mid-level tanks um redundant or not [29:26] necessary. These are 1950s era tanks [29:29] where we have not spent money to [29:30] continue to keep them up. And so our [29:33] goal would be to fully decommission them [29:35] and not have to continue to spend money [29:37] on keeping them. [29:39] So that's for that one item, [29:41] >> right? And and I guess what I what I'm [29:43] trying to uh look at is that for the [29:45] duration of the next uh five or six [29:48] years that we're in this cycle of the rate increase uh studies um are [29:53] those in the in that time frame uh [29:57] necessary [29:59] and and I said it loosely. I'm not [30:01] questioning your professional adjustment [30:04] or assessment on that. uh not to where [30:08] it's emergency, but it it's good to [30:10] remove them if they're in threatened uh [30:13] state to where they'll be structurally [30:15] deficient or could [30:19] again if they're unused then you just [30:22] don't let the tank sit there and rust or [30:25] fall fall apart. So our goal would be to safely decommission that. Uh could we [30:31] defer them for a short period of time? [30:34] Absolutely. We can look at that if [30:35] that's you know one thought. Um items if [30:39] you're asking what items maybe the other [30:41] way is say what items here are [30:42] absolutely essential. Uh then the water [30:45] main replacement program is essential [30:47] because as you know we have pipes that [30:49] are in our system. We've been here for [30:51] over a hundred years. We have pipes in [30:53] our system that have been here since [30:55] we've been incorporated that do need to [30:57] be replaced. uh the [31:00] water coding improvement project. That's [31:02] essential because those are tanks that [31:04] we want to continue to serve the [31:06] community that are are prone to for [31:10] excessive rust and need rehabilitation. [31:14] So [31:15] >> okay, that's the other way. So uh the reason I asked is because again you [31:20] know uh there are different [31:23] uh uh perspectives regarding uh water [31:27] conservations versus uh you know uh the [31:31] payments that we uh pay toward using and [31:34] maintaining the high quality of a water [31:37] and in the sort of in the sales with the [31:41] uh water purchase of uh SFPU [31:45] Is there a practice of advanced payments [31:48] like anticipating how much volumes that [31:50] we will be using um say in the in the [31:55] summertime is a higher volumes in the [31:58] winter time is a lower volume. Is there [32:00] a sort of a predium as to the price [32:03] break or that was not the practice? [32:08] >> I can answer this unless you try. So, [32:11] um, SFPU does their best to predict and [32:14] I think there was a slide here. If you [32:16] go back to the SFPU rate, [32:22] you'll see between 2017 to 2022, they [32:26] had the same exact rate every year. [32:28] Although they incurred and they were [32:30] underway on their water and improvement [32:33] program which was a billion dollar [32:35] program [32:37] they when they had to balance out and [32:40] came back to us they hit us with a big [32:42] charge. Uh so unfortunately I think the simplest answer is they don't [32:47] forecast quite the same way we do. We [32:49] try to anticipate over the next five [32:50] years all of our projects. they've come [32:52] back to us with one year unveiling of a really big amount and that's when Bosa [32:58] advocates for us and they say can't ask [33:01] for a 60% rate how have you spread this [33:03] out over the next five years so they've [33:05] given us kind of a early look but what [33:08] happens is there's an annual meeting [33:09] that happens in the end of February with [33:12] all the water managers and account [33:14] holders and that will occur in the next [33:16] two weeks and then they'll unveil just [33:18] this year's rate increase no guarant [33:21] guarantees beyond that. [33:23] >> Thank you. That's all I have right now. [33:26] >> Thank you, Council Member Schwang. [33:27] Council member Adams, any questions? [33:30] >> Uh, yes. Thank you. Um, Paul, don't go [33:34] too far. Uh, wouldn't it make some sense [33:39] for us to have that information about [33:42] what this year's rate is going to be if [33:44] it's just two weeks away? [33:49] » Great question. I think timing is [33:51] everything. Um certainly before we have [33:54] our next meeting, we'll get the official [33:56] stamp on that. [33:58] >> Okay. Yeah. Thank you. Uh I have a [34:02] couple more questions. [34:05] >> Thank you. Very nice to meet you in real [34:09] >> IRL. Yes. Um [34:14] uh the projected increases [34:17] that you have on this same slide vary [34:21] quite a bit uh from 53 cents to 19 cents [34:26] to 20 2020 20. So those are all [34:30] suppositions correct [34:32] >> with the exception of the 2026. This is [34:35] July 1, 2026 rate that will be charged. [34:39] They've received, the town has received [34:40] notice of this is the maximum that it [34:43] could be charged. They're still hedging [34:45] their bets that it may be less, but this [34:47] is the maximum they said they will [34:49] charge. And then we've looked back at [34:52] some of the increases and tried to [34:54] project around a 3 to 4% annual [34:57] increase, not knowing exact. Uh so [35:00] that's at least built into the analysis. [35:03] And there is a provision in Proposition [35:06] 218 that once we divulge what the [35:09] assumption is, if for example it goes up [35:11] by one dime over the $6.52 [35:15] in 2028, the town can pass that through [35:19] without going through this process again [35:21] since it's a pass through cost. [35:23] >> And are these then reflected in the [35:26] 66555%? [35:28] Yes. [35:29] >> Okay. So on a chart like this when it [35:32] doesn't say percentages, it would be [35:33] great to include that information. [35:37] I'm new, so I I get to try to sit there [35:40] with my little calculator and figure [35:42] everything out. Um, [35:46] on the next slide, water demand has [35:51] declined from previous rates study [35:56] uh except for last year. Last year we [36:00] increased we actually were beyond our [36:03] projections. [36:04] So how are we to decide whether that's a [36:08] trend or an anomaly? [36:10] >> That's the difficulty because of mother [36:12] nature with a lot of precipitation, less [36:14] water use. So we have to do our best [36:16] with the projections. [36:19] >> But in fact we had a lot of water. We [36:22] had good rain and in fact we sold more [36:25] water which is I think what we want to [36:29] do is sell the maximum amount of water [36:33] >> from the Oh absolutely. Uh you can't [36:36] control how much people use. Um the last [36:39] study when this was looked at the [36:42] assumption moving forward is 1.2 [36:44] million. So that's where I mentioned [36:46] we've seen a decrease even though it's [36:48] increased the last couple years. Will it [36:50] ever get back to that amount? We are [36:53] projecting at this point the best guess [36:56] 1.13 million. [36:57] >> I mean historical a historical peak of [37:00] this magnitude would be an anomaly that [37:02] you'd throw out in a study because [37:04] >> Oh, correct. We did not include that. [37:06] >> Yeah. So, uh, the next slide, uh, you [37:11] have future capital projects and you [37:15] don't have any until 2030, [37:19] at which point uh, you project $2.5 [37:23] million worth of capital projects. [37:27] How how did you come to that? [37:30] >> Yeah, absolutely. So working with the [37:32] town, they have a current five-year [37:34] program, but this is this 2627 is the [37:38] second year. So it goes through 2930. [37:41] And speaking with staff looking to [37:43] project for 3031 since we are looking at [37:46] a fiveyear, that's the average they've [37:49] are projecting to spend over the next [37:51] four years. So it's just uh extending [37:55] that uh average to the fifth year. [38:00] So no specific projects have been [38:02] identified for that 2.5 million though [38:06] in 2030 that's why it's escalated to 2.9 [38:10] million. So the specific projects if [38:13] Paul has some in mind I'm sure he can [38:15] elaborate on that but again the [38:18] five-year CIP only went through 2930. [38:23] » Okay. Um, the next question is on [38:30] uh slide, it's hard for me to say. It's [38:33] either page 10, slide nine, or page [38:36] nine, slide 12. I don't know. [38:37] >> I'll go slowly. You can tell me [38:39] >> that one. [38:40] >> This one. [38:41] >> All right. [38:42] Uh, this is an interesting way of [38:45] presenting this material because you [38:48] really have to think through what you're [38:50] trying to tell us here. Um, in actual [38:54] fact, [38:56] tell me about this difference at the [38:59] end. That's that's the really critical [39:01] part. [39:02] >> Yeah, absolutely. So, the reason we [39:03] include this in all of our studies, we [39:06] everybody asks what's the rate increase [39:08] and that's why we're careful to say [39:10] revenue increase for a cost of service [39:13] year. And so, this ties back to we keep [39:16] saying 6% 6%. So this demonstrates that [39:20] overall what the town will see is an [39:22] increase in revenue of 6%. [39:25] But it will be borne by the rates in a [39:28] different manner depending on which rate [39:30] we're talking of. So we read this as the [39:34] residential volumetric charge the [39:37] revenue generated from that currently [39:40] exceeds the cost of service. So those [39:44] volumetric charges, revenue from those [39:48] rates will actually bring in less money [39:52] that's being uh covered by an increase [39:57] in the non-residential [39:59] and an increase in the service or meter [40:02] charge. So again, it's at the cost of [40:05] service, you have to allocate the cost [40:06] into the services that are being [40:08] provided. So we know it's not always [40:10] exactly 6%. Some's going to be higher, [40:13] some's going to be less. In this year, [40:16] it's quite a disparity. Um, the service [40:19] meter charge is going up significantly, [40:22] bringing in 36% of your revenue because [40:25] of [40:27] a fire service that had previously been [40:30] collected through the volumetric charge [40:32] for public fire protection. Uh, the [40:35] courts have said, you really need to [40:37] look at those, discern what those costs [40:39] are. they should be paid equally by each [40:41] customer and you do that through the [40:43] fixed charge. So those costs now are in [40:45] the fixed charge where previously they [40:47] were in the volumetric. So that's why we [40:49] see this realignment. [40:52] >> Well, the next slide shows the fixed [40:55] charges. [40:56] >> Yes, it does. [40:57] >> And this has an interesting [41:00] for me. uh if you look on the service [41:03] charge the proposed charges don't [41:07] actually all go up. There's a point and [41:11] in fact when you explain this you said [41:13] the larger the meter size the more it [41:18] will go up but in fact it doesn't. It [41:20] actually at a certain point at 3 in goes [41:24] down in your projection and in the six [41:27] inch and the 8 inch. [41:29] >> Yeah. So, let me Yeah, I should have [41:32] explained that while I was on the slide, [41:33] so I'm glad you brought it up. And my [41:35] comment about that it's increasing is [41:38] specific to the rates that are increases [41:42] with the size of the meter regardless. [41:43] So 161, it's going to get larger as you [41:47] go down. Not the increase is going to [41:49] get larger. So I apologize if my I [41:52] misspoke because you're right, some are [41:54] increasing, some are going down. So when [41:57] we develop the fixed service charges, [41:59] it's made up of two components. A fixed [42:02] component within that fixed charge that [42:05] regardless of how much flow you have, [42:08] you should pay the same as your [42:10] neighbor. Whoever has an 8 in should pay [42:13] the same as somebody with the one inch. [42:15] Those sorts of costs, customer service [42:18] billing, you get one bill with the same [42:21] stamp on it than your neighbor does, [42:23] regardless of your meter charge. And [42:25] those fire flow costs are also included [42:27] there. Everybody's getting the same [42:29] protection. Therefore, they pay the same [42:32] amount for those costs. Then there's a [42:34] capacity component based on the size of [42:37] the meter. The capital costs that you're [42:40] maintaining. You can picture as if [42:44] everybody had 3/4 inch meter and didn't [42:47] use much water, you could have a pipe [42:48] this size. But if you've got 8 inch [42:51] meters, they have a lot more demand. You [42:53] need a pipe this size that's in the [42:55] ground to serve both of those customers. [42:56] Well, who should pay more for having to [43:00] maintain a larger system and that's why [43:03] it's graduated and gets larger. So, this [43:05] is a realignment again from the last [43:08] study that occurred to how costs have [43:11] changed and how they should be recouped. [43:13] So, there's more on that fixed kind of [43:15] account charge that everybody should pay [43:17] for. So you're seeing increases in the [43:20] smaller meters but decreases in the [43:23] larger meters. [43:28] » So the larger meters, what you're saying [43:30] is, if I get it correctly, the larger [43:33] meters are going to pay more obviously, [43:35] but relatively they're going to have a [43:39] smaller [43:42] increase. In fact, they won't even have [43:44] an increase. They're going to have a [43:45] >> for their service charge. will have a [43:47] decrease and then their volutric [43:49] depending on how much water they use [43:53] they'll see an increase on that charge. [43:55] >> That's over on the right. Correct. I'm I'm still trying to figure out the [43:59] left. Yes. Okay. [44:02] >> Um [44:03] All right. And then if you go three more [44:06] slides, I think we'll get to customer [44:09] bill impacts. [44:12] This This is the one. [44:16] >> Again, I'm with my little calculator. [44:20] >> Yes. at trying to do an Excel [44:23] spreadsheet so that I can really look [44:26] at not what the current bill is, [44:29] but exactly and and not what the current [44:33] bill is annually, but what the customer [44:36] is going to see on the bill they [44:38] receive, whether they're bimonthly or [44:41] monthly. [44:43] So, I'm I'm dividing these up to really [44:47] see the impact that is going to be [44:51] reflected in the bill. [44:54] And I would like you to do that for me [44:58] so that I'm not trying to figure that [45:00] out because I think that's going to be [45:03] where we're as a council going to hear [45:05] from people when they look at that bill. [45:08] They're not going to think about the [45:09] year. they're going to think about right [45:11] now. [45:13] So, that's information I would like to [45:16] see presented. I also would like to see [45:19] the mean [45:22] because that will help us see how many [45:25] calls we're going to get and u just be a [45:30] little more accurate because we're [45:32] talking and I'll just say my [45:34] perspective. [45:36] We've been wrestling with this since [45:37] 2020. We've been going to court. We've [45:40] been losing. We've been trying to figure [45:42] out the right thing. We have neighbors [45:45] who've been advised that they should go [45:49] with a flat rate. [45:52] We're trying to figure out very specific [45:55] things. So the more data we have, [45:59] the better we will protect our citizens [46:02] and also make it possible for us to make [46:06] the very best decision. So sorry to go [46:11] through all the slides. I didn't even go [46:13] through all the slides that I had [46:15] questions on. But the more data we have [46:19] that is the way our customers, our [46:23] citizens are going to see it, [46:26] I think the better decision we'll be [46:28] able to make. [46:30] >> We we appreciate the comments. It It's [46:33] always nice when you get a fresh set of [46:35] eyes. As we're in this day in day out [46:38] for 25 years, we sometimes forget to see [46:41] it through the lens of a rateayer. So [46:44] those comments are much appreciated. [46:47] Thank you, Council Member Adams. Um, [46:50] Council Member Crow, any questions? [46:52] >> Thank you. Yes. And I'll try and be [46:53] brief because I know we have to get to [46:54] sewer, too. Um, so to try and be fair to [46:58] the large water users. Um, uh, we've talked about this before that [47:04] there may be some who have large [47:06] properties who are actually using less [47:08] water per acre than people with smaller [47:10] properties. Are we able if we wanted to [47:14] calculate that and charge them at a [47:18] lower rate if they are in fact [47:19] conserving or under 218? If they're [47:22] using that much water, we have to charge [47:25] them at that rate. [47:29] » Um, thank you for the question. I can [47:30] weigh in on that one. So, Proposition [47:32] 218, unfortunately, it does not allow [47:34] for conservation to be used as the basis [47:38] for how you allocate costs. So um [47:42] generally you have to calculate the cost [47:43] on a parcel basis. Whatever the size of [47:46] the parcel [47:46] >> so whatever they're using that's the [47:48] volume that Thank you. Right. [47:50] >> And then uh to build on that we brought [47:52] this up before we have some customers [47:55] who have 2inch pipes that they were [47:57] inquire required to install for their [47:59] fire sprinkler system but they actually [48:01] don't use water at a greater rate. But [48:05] it can we give them relief on their [48:08] service charge? [48:11] >> Yes, that is something that you can have [48:13] a policy to reflect that this is upsized [48:16] for that fireflow if they can [48:18] demonstrate they don't utilize that. And [48:20] typically in the jurisdictions that [48:22] we've seen it that's monitored. So if [48:25] they oops I accidentally went over. So, [48:27] it is monitored to make sure you can [48:30] stay within that smaller, but you can [48:32] make a policy to [48:34] um utilize that when it comes to the [48:37] service charge so you're not paying that [48:39] full amount. [48:40] >> Thank you. I think that would be fair. [48:42] And then just I think that I'm sorry to [48:44] interject. Um [48:45] >> I'm sorry. Could you just finish your [48:47] question then you can comment? [48:48] >> Interject on based on her questions. I I [48:51] think that we over the years have adjust [48:54] uh because of the the pipe size that [48:57] people were concerned that we did adjust [48:59] it. Um [49:00] >> we were looking at it. We were looking [49:02] at we haven't we haven't apology. [49:06] >> Yeah. Just um one uh council member at a [49:09] time speaking please. Um go ahead Paul. [49:11] Do you have [49:12] >> to clarify both uh we looked into it. We [49:14] know all of those folks that are [49:16] impacted that have the larger pipe, the [49:19] larger meter, but that use water at a [49:22] smaller volume comparable to an inch [49:25] meter. So, we have that information, [49:27] >> but we haven't enacted it. [49:29] >> Yeah, I would recommend we enact that, [49:31] but so thank you. I'm glad that you [49:32] thought that we were doing it already. [49:34] And then one last quick question. If we [49:36] don't approve these increases, would [49:39] that affect our bond rating? [49:42] It's probably a jam question [49:46] because we do have we still have our AAA [49:48] bond rating, right? [49:50] It's some we will need water rate [49:53] increases. Um and the question would be [49:57] when would that become critical for our [49:59] bonds, right? Um so you can see on on [50:02] this slide here at the bottom the debt [50:05] coverage ratio [50:07] uh goes from 2.15 upward. And so we need [50:10] to keep a ratio of of 1.2. So we're well [50:15] within it with this scenario. This um [50:19] the rates as proposed here are going to [50:22] be more about covering our operations [50:25] and our capital needs um because it does [50:28] appear that we're going to be within our [50:30] debt service coverage. It's a great [50:32] question though. [50:32] >> That's all I have. Madam [50:33] >> and thank you, Council Member Crowley. [50:35] Um Vice Mayor Rexdale. [50:38] >> Thank you. Um again uh like others have [50:40] said so good to see you in person and uh [50:43] thank you for the detailed analysis and [50:44] also thank you for giving us the slides [50:46] in advance is always um super helpful to [50:48] see them in advance. Um I'm going to try [50:51] to ask uh questions with quick answers [50:54] because I I know um we're maybe running [50:56] out of time and we need to get to sewer. [50:58] Um first question is um we usually do [51:02] this the bigger cost of service analysis [51:05] every five years and this for water not [51:09] sewers is we're on an earlier schedule. [51:12] Is that [51:13] >> that's correct? [51:15] >> Um and um I understand there's probably [51:20] many reasons for that so we don't need [51:22] to go into that. Um, I noticed in the [51:24] capital improvement projects the [51:26] highline wasn't up there. Is that [51:29] because it's [51:31] under a different budget category? [51:35] Thank you. That's a great question. Uh, [51:36] we actually have assumed that that would [51:39] get approved, you know, for for [51:42] assumptions of this rate study and that [51:44] the it would be financed with a [51:47] short-term loan during the last two [51:50] years of this analysis. So, it's not [51:53] known as a capital spending because that [51:55] would be what we spend, but we would [51:57] actually be getting in proceeds from the [51:59] short-term loan and paying debt service. [52:02] So, that's why it's not shown on here. [52:04] >> Okay. Thank you. [52:07] >> Um, [52:09] okay. This is a question I've had for a [52:11] long time and this is goes in the [52:13] category of there's no such thing as a [52:14] stupid question, I hope. Um, we talk [52:16] about pipe size and we talk about meter [52:18] size. Is that the same thing? I think [52:21] the meter is the little the thing [52:23] outside your house that can be read, but [52:26] that's not a pipe. [52:29] >> So, it connects to a pipe, what we call [52:32] a service, and that size of that service [52:35] >> is different for each meter size about [52:38] the capacity of what you can get. [52:40] >> So, it's what is on the other side of [52:42] that pipe that has the other side of the [52:44] meter that has a different size. [52:46] >> That's correct. [52:47] >> Because I'm like, I think our meters are [52:48] all the same size. Okay. Uh thank you. [52:51] Um that is helpful. Um then um with [52:55] regard to I think this is this the same [52:58] question I have for two different [53:00] things. um one is the um the [53:05] service charge and one is the two-tier [53:08] and given uh the various court opinions [53:12] and all of that um how do we justify [53:17] different service charges and different [53:20] potentially if we went this way [53:22] two-tiered [53:24] um different charges based on meter [53:31] I don't know if you want to answer it be [53:32] legal. [53:33] >> Yeah, I can I can weigh in. So, there [53:36] are a lot of different court opinions [53:38] floating around sort of in the [53:40] atmosphere right now and they've all [53:42] kind of had different approaches as to [53:45] how you allocate costs. Uh, with respect [53:47] to a two-tier structure, um, there's [53:50] kind of two general principles that that [53:52] would hopefully accomplish. Number one [53:54] is that you want to make sure that [53:56] you're allocating costs based on the [53:58] proportional cost of service which [54:00] includes you know the cost of the [54:02] infrastructure particularly your storage [54:05] your pumping and your distribution [54:07] that's designed at a larger level in [54:09] order to meet varying levels of demand. [54:12] Um doing it in a two-tier structure [54:14] tries to kind of simplify it a little [54:16] bit and makes it really focused on the [54:18] data that the town has. Um, there's also [54:22] the other side of sort of the various [54:24] court opinions that have been [54:26] circulating, which is that you have to [54:29] make sure not only that your larger [54:31] users aren't subsidizing your smaller [54:33] users, but also that your smaller users [54:36] are not subsidizing your larger users by [54:39] having, for example, this the cost of a [54:41] system that's already been built, but [54:44] that was built to accommodate multiple [54:45] levels of usage [54:47] Latin for everybody. So the idea behind [54:50] the two-tier structure um as would be [54:53] explained in the rate study would be [54:54] that would be a means of accomplishing [54:56] both of those goals. [54:59] >> Could it could it be argu Thank you. Uh [55:02] could it be argued that under a uniform [55:04] rate structure really you would want [55:06] uniform service charges? So the service [55:09] charge is a little bit different because [55:11] the service charge looks at the size of [55:13] the meter that serves the parcel and it [55:15] takes sort of the maximum [55:18] demand that that could place on the [55:20] system and so as the meters get larger [55:23] they have the capacity to place more [55:24] demand on the system and those go only [55:27] to the fixed costs that the town incurs [55:30] in order to meet those varying levels of [55:32] demand. So the way that they're [55:34] increased, those are based off of what [55:37] are called meter capacity ratios that [55:40] look at the maximum demand that each of [55:42] those meter sizes can place on the [55:44] system and increase them exponentially [55:46] based off of what you know as you get [55:48] larger. It's not like a one to two sort [55:50] of ratio. It's [55:52] bigger because it's a you know it's a [55:53] circle. Um and so so that that has [55:57] actually not really been an issue in the [56:00] courts. Um I think the courts have been [56:02] pretty comfortable with those thus far [56:05] where the courts have had differing opinions is really on the [56:08] volume side. [56:09] >> Okay, that is extremely helpful. Thank [56:12] you. Um sir uh the last thing quick [56:14] comment on uh your presentation the [56:18] customer bill impacts by monthly [56:19] residential [56:21] uh slide 13 [56:24] on the bottom where you have um are you [56:28] very low low average and high um I found [56:32] that super helpful so I I love council [56:34] member Adam's suggestions also for um [56:38] rateayers but um I think this maybe [56:42] adding to it a little bit for her [56:44] suggestions like where where am I? I [56:47] don't know right how many how many I use [56:49] but you know I kind of have an idea [56:50] where I fit and so I I just I found that [56:53] super um helpful and thank you. [56:55] >> Thank you. [56:57] >> Um thank you Vice Mayor Rexdale. Um [56:59] thanks for the presentation. Um just a [57:01] couple of clarifying points and thanks [57:02] to all the questions posed by my [57:04] colleagues. Um what I didn't quite [57:08] understand in the presentation is the [57:10] actual cost for the actual operating [57:13] cost to have a larger volume. I mean was [57:16] that embedded in the on&m? [57:22] » Apologies. [57:24] >> I think it's I think [57:25] >> so reviewing are you referring to a [57:27] two-tier system? What costs are there [57:31] the incremental costs in order to charge [57:33] more per unit? Correct. [57:35] >> Yes. Those are on andm costs and even [57:38] some capital costs that are necessary [57:40] for a larger system for when there are [57:43] times of peaking. So you only pay that [57:45] when you actually need to utilize that [57:48] larger system. [57:50] >> Okay. I think what I would like [57:51] clarification on is if everyone was on [57:56] the two-tiered system, what would the [57:58] capacity [58:00] what would be required in terms of [58:02] capacity? How how would that affect our [58:04] total expenditures [58:07] comparatively? [58:09] Let's just assume everybody uses a [58:11] thousand cubic feet. I don't know I [58:14] didn't have the right units here. [58:15] >> It's it's based on historic water use [58:18] and when they peak [58:21] >> so it's also using peaking, not just [58:22] volumetric. [58:24] >> Yes. [58:24] >> Okay. the volumetric [58:26] >> because sort of what I'm hearing is [58:29] given that there's certain factors that [58:31] are beyond our control such as how much [58:34] rain we have, how much water storage the [58:36] state has, that is well obviously the [58:39] state can't control that either to some [58:41] degree. The cost of purchasing the water [58:44] is really going to be beyond our [58:46] control. That's going to continue [58:48] historically it's continued to go up [58:49] even by smaller numbers. So if the cost [58:53] continues to go up and we were to hit [58:55] another drought session, which is [58:57] inevitable because of weather patterns, [58:59] >> yeah, [59:00] >> the demand will continue to fall even [59:02] more precipitously. So your gap between [59:05] your revenue and your expenditure will [59:07] continue to grow. So I think what I [59:09] would like in our subsequent [59:11] conversation is what infrastructure [59:14] costs because that's all we can control. [59:17] What infrastructure costs can we [59:19] mitigate on the front end to stabilize [59:22] or never be able to stabilize 100% is [59:24] the point I'm trying to make, but at [59:26] least to predictably say [59:29] this is what it's going to cost us to [59:32] provide unlimited amount of water for [59:34] whoever wants to demand unlimited amount [59:36] of water because we can't cap how much [59:38] water everyone has. [59:40] >> If you want 10 times more than the next [59:42] door neighbor, you can have it. But what [59:45] costs are embedded in that cap in that [59:47] infrastructure? Because that it seems [59:49] like that's all we can control the cost [59:51] of water from the states [59:53] >> can control. [59:53] >> We can control that. How much water we [59:55] have yearto year, we can control that. [59:58] >> Um and certainly we can control the [1:00:00] demand. I mean if people want to use a [1:00:02] lot of water and they want to pay for [1:00:03] it, that's fine. So I think I would just [1:00:05] like more information on the [1:00:07] infrastructure. Yeah. what what costs [1:00:10] are we able to manipulate or change to [1:00:14] create some predictability with regards [1:00:16] to our cost. Um but anyways, excellent [1:00:20] presentation. I don't have any further [1:00:22] questions. I understand we have to move [1:00:24] on to um the other study session unless [1:00:26] there's additional comments from staff. [1:00:29] I see our city manager is looking at me [1:00:31] like um he wants to tell he wants to [1:00:34] clarify something for me. Oh. [1:00:36] >> Oh, go ahead, Jen, please. [1:00:39] Yes. [1:00:41] >> So, just to summarize a bit, uh when we [1:00:45] bring this back, we will be putting in [1:00:48] more transparency on bill impacts. We [1:00:52] will be looking at um like a usage that [1:00:57] is below like a policy as described by [1:01:00] uh council member Kick. And um we will [1:01:05] be [1:01:07] looking just one last time today to see [1:01:10] if there is any kind of initial [1:01:13] direction on one of the two avenues for [1:01:19] um going with a uniform rate or a [1:01:22] two-tiered rate. If there is not, we'll [1:01:24] be writing a report and bringing that [1:01:26] back with um with more analysis and um [1:01:30] transparency. [1:01:31] >> Okay. [1:01:32] >> Yeah. Yes. Council I miss Vice Mayor [1:01:35] Rexdale. A quick question for that. Um [1:01:39] I don't I think I know the answer, but I [1:01:41] wanted to ask because I actually don't [1:01:43] know the answer. Um, is there a way like [1:01:46] we could like if we decided we want to [1:01:49] go with the two-tier and then the [1:01:53] government, the California Supreme Court [1:01:55] says no two no two-tier ever not allowed [1:01:59] that we could come back and change to [1:02:01] uniform in in a year the next time we [1:02:04] discuss rates or is that a five-year [1:02:06] situation? [1:02:09] It would just require a new 218. [1:02:12] Okay, thank you. Um, the next president. [1:02:15] Yes, Council Adams. Okay. [1:02:17] >> Yes. [1:02:18] >> You know, Jen, we actually didn't really [1:02:21] have much conversation about which of [1:02:23] the scenarios we would like you to come [1:02:26] back with. Is there a possibility that [1:02:29] we could just come back again with both? [1:02:32] Because I think there were questions [1:02:34] about details that would help us with [1:02:38] that analysis. [1:02:40] I'm just raising. [1:02:41] >> Yeah. [1:02:41] >> And that's a very good thought. Um we [1:02:44] have um uh sort of goal setting, [1:02:47] strategic planning. Is there any [1:02:48] possibility we can elaborate on the [1:02:49] subject at that point? Um certainly our [1:02:53] consultants could join us remotely if [1:02:55] possible, if needed. I'm not sure in [1:02:58] terms of the calendar, but that's a good [1:03:00] point. Maybe we can look into it to see [1:03:01] how we can come back with more details. [1:03:04] Yeah, I would say the goal initially for staff and our and our experts over [1:03:08] here, the goal was to pick a direction [1:03:10] as to which way we want to sort of [1:03:12] invest the remainder of our experts time [1:03:15] here to bring forth something, whether [1:03:16] that be a uniform or two-tiered. If if [1:03:19] that's not a decision that we're [1:03:20] comfortable getting into today without [1:03:22] some more information, we would set up a [1:03:24] future meeting to answer some of the [1:03:26] questions that you brought up. But if [1:03:27] you're asking what was staff looking [1:03:29] for, it it was one one of the two, but [1:03:32] it sounds like we're at a position now [1:03:34] where we're having a an understanding of [1:03:36] the two of them, but we need some more [1:03:37] information. And I would ask our experts [1:03:39] here, do you have the enough information [1:03:43] from the council to come back with with [1:03:45] some of the questions they had? [1:03:50] » Yes, we do. [1:03:51] >> Yeah. And I think you you're right in [1:03:53] summarizing it. We do need more [1:03:55] information and thanks for looking into [1:03:56] it further. [1:03:57] >> Yeah. And as to the methodology of that, [1:03:59] whether that's at a at an additional [1:04:01] study session or maybe setting some [1:04:04] additional time at a at a future [1:04:05] meeting, you know, we can certainly get [1:04:06] together with these uh experts and come [1:04:09] up with a plan for it. [1:04:10] >> Okay. Thank you, city manager. Okay, [1:04:16] we will now move on to [1:04:19] sewer rates. Thank you. Hello, Mr. [1:04:22] Santgo. Good afternoon, Madam Cole. Um, [1:04:24] and council. So, the other portion of [1:04:27] the study session is the sewer rate [1:04:29] study. Um, just a quick background, the [1:04:32] last time we adopted a 218 for the sewer [1:04:35] rates was June of 2021. We did use all [1:04:38] five years of the rate series. We [1:04:41] adopted the last one in July. And so, [1:04:43] that's why we're doing the new study [1:04:44] again with HF&H and Gabe will be uh [1:04:48] presenting it. [1:04:52] Good evening. I'm Gabe Sasser, project [1:04:55] manager with HFNH. I want to apologize [1:04:57] in advance for how quickly I might go [1:04:59] through these slides. [1:05:01] I'll look forward to your questions. [1:05:04] So, the purpose of today's presentation [1:05:06] is to present our preliminary analysis [1:05:09] of the five-year schedule of sewer [1:05:11] rates, which would be implemented as [1:05:13] early as July 1, 2026. [1:05:18] Uh there's two main takeaways from this [1:05:20] presentation. One, projections indicate [1:05:22] that the revenue increases [1:05:25] ranging between two and three% are [1:05:28] needed over the next 5 years. And I'll [1:05:30] provide more detail as to why. The [1:05:33] second takeaway is that in looking at [1:05:36] the cost of service, we reanalyzed the [1:05:39] residential indoor water use. [1:05:42] And in doing so, uh, this is going to [1:05:46] result in commercial bills increasing by [1:05:48] more than residential customers bills. [1:05:52] And that is because, uh, sewer charges [1:05:55] are based on a single family dwelling [1:05:57] equivalent, what's known as one .edu. [1:06:00] And that one .edu is reflective of the [1:06:03] average indoor residential household [1:06:05] water use. [1:06:07] Residents are charged one unit for sewer [1:06:10] service as their flows are fairly [1:06:13] consistent throughout. But in contrast, [1:06:17] commercial customers, [1:06:19] their flows vary significantly. And so [1:06:22] their charges are reflective of the [1:06:24] actual flows of that commercial parcel [1:06:27] relative to the average residential [1:06:30] customers. [1:06:32] And when we last or when this was last [1:06:35] studied, uh the indoor water use [1:06:38] standard was based on 14400 cubics cubic units of water use annually. [1:06:47] And this was reanalyzed this year and [1:06:50] that figure has declined to 78 units of [1:06:55] indoor water use. And so what this means [1:06:57] from a billing perspective is that if a [1:07:01] commercial customer used 144 units, then [1:07:05] up until now they were build for one [1:07:07] unit of uh in terms of their sewer [1:07:10] charge, which is $4,311. [1:07:14] However, at that same level of flow, if [1:07:17] we use the new standard of indoor water [1:07:20] use, reflective of conservation and [1:07:23] changes in residential patterns over the [1:07:26] years, this means that customer, that [1:07:29] same customer would now be charged 1.85 [1:07:32] units for the same levels of flow. And [1:07:35] for numbers, [1:07:37] that's $7,975. [1:07:41] So, a significant increase. So, [1:07:44] something to preview for you. To take a [1:07:46] step back, as Rich touched upon, sewer [1:07:49] rates were last studied in 2021, and [1:07:52] this resulted in five years of [1:07:53] consecutive 4% annual increases. This [1:07:57] sewer rate study covers the upcoming [1:07:59] fiscal year 2627 through 2033. [1:08:04] In terms of where we're going, uh the [1:08:06] rest of the slide shows that capital [1:08:08] improvements uh to be cash funded [1:08:11] average $5.1 million per year and that [1:08:14] public works continues its efforts to [1:08:16] reduce inflow and infiltration through [1:08:19] pipe replacement and addressing [1:08:20] homeowners deficient laterals. [1:08:23] These are four bullets associated with [1:08:26] the costs uh in projecting the revenue [1:08:30] requirement that the sewer rates uh must [1:08:33] address. First, there's annual operating [1:08:35] costs which are increasing by [1:08:37] inflationary measures and no additional [1:08:40] headcount is anticipated in those [1:08:42] numbers. This is the largest cost [1:08:44] category which ranges between 6.7 [1:08:47] million up to 7.7 million over the [1:08:49] 5-year period. Next, there is Sanonteo [1:08:52] Burnley treatment costs and those are [1:08:54] increasing 5% annually. Those are costs [1:08:57] really outside the city's control as [1:08:59] these are the treatment costs and the [1:09:02] costs required to treat every parcels uh [1:09:05] collected sewer discharge. [1:09:08] There are the capital expenditures which [1:09:10] I touched upon and I'll be showing you [1:09:12] on the next slide. And then finally [1:09:14] there's debt coverage. There's $3.8 8 [1:09:17] million annually through the first four [1:09:20] years and then in the fifth year uh that [1:09:23] amount reduces by half a million due to [1:09:26] a reduction in the schedule of the 2023 [1:09:28] refunding bond payment. Of that 3.8 [1:09:31] million, 1.9 million is the Sonteo clean [1:09:35] water portion that the town is [1:09:37] responsible for paying that they share [1:09:39] with other agencies. [1:09:42] This is a uh overview of the capital [1:09:45] expenditure projections. Uh again, this [1:09:48] is a five-year program and four years [1:09:50] were available. And so as a result for [1:09:53] 20 3031, we used the average of the [1:09:57] four-year spend. So if you took the [1:09:59] average of those first four columns of [1:10:01] the subtotal, that's what generated the [1:10:03] 4.6 million in the fifth year. And then [1:10:06] those construction costs have been [1:10:08] escalated to account for [1:10:11] historic changes in labor and material [1:10:13] costs. Collectively, [1:10:16] from an escalated standpoint, that's [1:10:18] $5.1 million per year that rates will [1:10:21] pay for. This does not include the [1:10:23] Macadamia Storm project as that project [1:10:26] staff has determined may be funded [1:10:28] through FEMA and insurance and thus [1:10:31] rates would not need to uh pay for this [1:10:34] project. [1:10:37] This is an overview of uh the forecasted [1:10:41] expenses shown by the stacked bars. [1:10:43] There's four cost categories. There's [1:10:45] the on andm expenses which include uh [1:10:48] salary, uh labor, benefits as well as [1:10:52] materials and services the town provides [1:10:54] for the collection services. There's the [1:10:57] treatment costs. Those are the external [1:10:59] costs for the Sanonteo and Berling game [1:11:02] treatment plants. the debt service which [1:11:04] I touched upon briefly and the capital [1:11:06] improvements. [1:11:08] Um for uh clarification, the capital [1:11:11] improvements shown are based on the [1:11:14] actual amounts to be spent on the last [1:11:17] slide and not the 5.1 million on average [1:11:20] each year. So that's why if you're [1:11:21] looking at the size of those bars, they [1:11:23] vary from year to year. We contrast that [1:11:26] with the revenue at current rates, which [1:11:28] is the black line. Currently revenues [1:11:31] are sufficient to meet the expenses for [1:11:33] the current fiscal year. But as you can [1:11:36] see that expenses are outpacing revenues [1:11:39] at current rates in future years and [1:11:41] some level of reserves use of reserves [1:11:44] and revenue increases will be necessary. [1:11:48] And that brings us to our five-year [1:11:50] schedule. This is the financial plan. Uh [1:11:53] Rick touched upon how the minimum [1:11:56] reserve and target reserve are derived. [1:11:58] So I'll go ahead and bypass that [1:12:01] portion. But the goal is to set rates [1:12:04] such that the reserve fund balance, the [1:12:07] dark green line, maintains a threshold [1:12:10] above or at the target reserve. And so [1:12:12] with the recommended revenue increases [1:12:15] that you see on the horizontal axis, uh [1:12:18] the town can maintain and meet that [1:12:20] goal. absent any rate increases. Uh the [1:12:25] reserve fund balance would follow the [1:12:28] dashed lighter green line [1:12:31] with uh the recommended revenue [1:12:33] increases in 2627. [1:12:36] We evaluated the cost of service which [1:12:39] is shown on this next slide. [1:12:41] And so in looking at the cost of service [1:12:44] uh we established the rates that you see [1:12:46] in the first table. So per equivalent [1:12:50] dwelling unit [1:12:52] uh each residential parcel would pay [1:12:54] $4,39347 [1:12:57] and you can see the $8247 [1:13:01] increase in that first year and then [1:13:03] thereafter they would see um increases [1:13:07] to their annual charge u mirroring that [1:13:11] of the revenue increases. [1:13:14] Now this is where the indoor water use [1:13:16] analysis comes into play and in [1:13:19] relooking at that and updating that [1:13:21] assumption uh this is what's causing the [1:13:24] commercial bill difference that you see [1:13:26] in the second table. So specifically I'm [1:13:28] pointing at um that four that final [1:13:32] column on the right hand side overall [1:13:34] generating a 3% increase but residential [1:13:38] customer bills would collectively [1:13:40] increase by 2%. [1:13:42] However, commercial customers would [1:13:44] increase by significantly more uh given [1:13:48] their uh share of the overall flow and [1:13:51] the change in the water use assumptions [1:13:53] which are a proxy for sewer flows. [1:13:58] And so to provide context, uh we looked [1:14:01] at what commercial customers are [1:14:03] currently charged. And so those uh 12 [1:14:07] customers are shown. [1:14:10] And then there's two and I'll note [1:14:16] and sorry um [1:14:20] sorry uh so we have the current charge [1:14:23] in the second column and then that's [1:14:25] compared to the revised water use. So [1:14:27] this these would be the bills uh for the [1:14:30] same levels of flow as what they're [1:14:32] currently being charged under the new [1:14:34] indoor water use assumption. And you can [1:14:37] see the dollar difference that those [1:14:38] customers would pay. And then for [1:14:41] context, uh maintaining the same water [1:14:44] use standard, which is not reflective of [1:14:47] current conditions of the system, uh you [1:14:50] could see would lead to significantly [1:14:52] lower increases, but again would not be [1:14:54] reflective of the current cost of [1:14:56] service, which is the goal of this [1:14:57] study. [1:14:59] Taking a step back, this is the timeline [1:15:01] for rate adoption in order to implement [1:15:04] rates July 1. [1:15:07] uh with the intent to return to council [1:15:10] in March to receive approval to initiate [1:15:13] the 218 process for a public hearing to [1:15:16] be held in May. [1:15:19] Uh at this time uh we request your [1:15:23] discussion and feedback regarding the [1:15:24] preliminary rates presented and for [1:15:28] reference again these are the rates. [1:15:30] Thank you. [1:15:31] >> Thank you very much. Um, [1:15:34] I will take it to the council. Um, [1:15:38] was just going to go in order so we all [1:15:40] get a chance to comment. Um, council [1:15:42] member Adams, [1:15:45] I have very few questions. Yay. But, uh, [1:15:48] the slide that is the most difficult is [1:15:51] the second the one right before the rate [1:15:54] adoption timeline where you talk about [1:15:57] the actual increases for the customers. [1:16:01] an increase of uh [1:16:05] you know a jump of $67,000 [1:16:08] that's going to be pretty well noticed. [1:16:10] So we don't have that many uh commercial [1:16:13] customers. So are these the 12 basically [1:16:18] is this [1:16:18] >> these are all [1:16:19] >> this is literally all right. So these [1:16:22] are schools country club and [1:16:26] racket club. [1:16:29] Yeah. Okay. [1:16:33] There's no other question other than [1:16:36] that's going to be interesting to see [1:16:38] how that will be accepted, but no [1:16:41] questions. [1:16:41] >> Thank you, Council Member Adams. Um, [1:16:43] Council Member Trang. [1:16:46] >> Thank you for your presentation, Gate. [1:16:48] You're on point. Um question is on the [1:16:52] second slide deck that you talk about um [1:16:55] our uh treatment plan contract or [1:16:58] services from San Mattel Berlin gain [1:17:03] uh you you allude to the fact that it [1:17:05] cannot be predictable [1:17:08] that's not true right they should the [1:17:11] agency should look at their capital [1:17:13] improvements and their business business [1:17:15] model anticipate like we do about the [1:17:17] five years out how they're going to be [1:17:20] expecting their operations and so forth [1:17:24] and as a courtesy share that with [1:17:27] customers which we are right uh to their [1:17:31] services. Is that the the fact or is it [1:17:33] not? [1:17:35] >> Yes. So just to clarify um I was stating [1:17:38] their external cost. So, you're right. [1:17:40] They're uh external agency under their [1:17:42] control and the information that we have [1:17:46] includes what the town has budgeted thus [1:17:48] far and uh we'd have to revisit what [1:17:51] they've communicated how far in advance [1:17:53] of what those costs are. [1:17:56] >> All right. So, is that a questions for [1:17:58] um Jan or Paul regarding the [1:18:01] conversation with our sister cities? [1:18:06] Great question and uh the details are [1:18:09] all covered in the the joint hours or [1:18:13] the multi-ity partners agreement uh one [1:18:15] for Sonteo and the clean water program [1:18:17] that just was signed recently and then [1:18:19] uh recently also for Berlingame the [1:18:22] annual cost for CIP are very direct and [1:18:28] any increase beyond what's allowed there [1:18:30] has to come back to you or the other uh [1:18:33] cities for changes beyond on that [1:18:35] regular CPI cost for actual operations [1:18:38] um and uh staff is also in there. So [1:18:42] you're correct. Anything beyond those [1:18:43] parameters needs to come back to you the [1:18:46] appointing bodies for significant [1:18:48] improvements. So since the new both [1:18:50] treatment plants went through a CDO [1:18:51] recently I don't expect uh any changes [1:18:54] on that. [1:18:55] >> Thank you. So it's just a comments I [1:18:58] mean it's really it's the operation and [1:19:00] you're helping us to shape um you know [1:19:03] in terms of the cost of operation it is [1:19:05] a pass through we're not anticipating to [1:19:08] make revenues on this. So to the extent [1:19:11] that we can anticipate and be able to um [1:19:14] understand the other agency, we rely on [1:19:17] them to be able to calculate those [1:19:19] factors, I think it's the better for us [1:19:23] to have a a clear clarity on our um [1:19:26] charges. So thank you. [1:19:30] >> Thank you, Council Member Trong, Council [1:19:31] Member Crowley. [1:19:33] >> Thank you, Madam Mayor. I have a [1:19:34] question for Paul and while you come up [1:19:36] just one comment um to build on what [1:19:39] council member Adams said we said this [1:19:41] before with the commercial sewer rate [1:19:43] increase we are a small town and it's I [1:19:45] think the the the importance of personal [1:19:48] outreach to each one of those um [1:19:50] customers will be really important and I [1:19:52] think the city manager had um city [1:19:56] manager the city manager city manager [1:19:59] had noted that before the importance of [1:20:01] personal outreach to our commercial [1:20:03] customers. Thank you. So Paul, I just [1:20:06] have one question. Um, how many years [1:20:08] does the sanitary sewer master plan span [1:20:12] and where are we in that timeline? [1:20:14] >> So, initially, I think we first started [1:20:16] in 2013, it was a 20-year plan and we've [1:20:20] recently in the last two years, Natalie [1:20:22] canir, we've gone back just to make sure [1:20:25] we're on pace uh to meet those goals. [1:20:28] When we initially started it, the town [1:20:30] was under a cease and desist order where [1:20:32] we had to do certain improvements. And [1:20:34] we've checked off all those boxes. We're [1:20:36] no longer under a microscope. We still [1:20:39] do get annual visits from the regional [1:20:42] board. But since we do have a program [1:20:45] and a plan of how to fix the system and [1:20:47] continue to improve it, we haven't faced [1:20:49] any other, you know, fines or or [1:20:52] anything. [1:20:53] >> Is it a 20-year plan, 25 year plan, [1:20:55] 30-year plan? It's it's a 20-year plan [1:20:58] that we but we continue to review it [1:21:00] every few years to make sure that we're [1:21:02] on pace. [1:21:04] >> So it's so originally [1:21:07] supposed to finish up around 2033. [1:21:10] >> So no, that that's a great question. We [1:21:12] wish engineers wish we could do [1:21:14] everything in 20 or 30 years, but in [1:21:16] most cases it's more like a hundred [1:21:18] years before you could replace it [1:21:19] because if we're only replacing a mile [1:21:21] of pipeline a year and we have 98 miles, [1:21:24] well it's going to take a long time. But [1:21:26] what we do similar to the streets is we [1:21:28] pinpoint the worst performing areas, the [1:21:30] areas that have INI that are prone for [1:21:34] environmental damage and we fix those [1:21:36] first. [1:21:37] >> Okay. So it's ongoing basically. [1:21:39] >> So not in my lifetime. [1:21:41] >> Okay. Thank you. [1:21:45] >> Is that it? [1:21:46] >> Yeah. Thank you, Council Member Crowley. [1:21:47] Vice Mayor Rexdale. [1:21:49] >> Uh yes. Uh thank you. And again, thank [1:21:51] you for the slides in advance. Super [1:21:53] helpful. you didn't go too fast because [1:21:55] we had them in advance so that was [1:21:56] great. Um, a quick observation I guess [1:22:00] with regard to the Berlin game and San [1:22:02] Mato, you know, I presume we can we can [1:22:04] at least look at what they are charging [1:22:07] their customers to know if they're [1:22:09] having a big increase. Then we can we [1:22:12] can say what's up with that. Um, so we [1:22:15] won't hopefully be too surprised. Um uh [1:22:18] I had a question with regard to the [1:22:22] decrease in the residential use. [1:22:27] Do we know are is it a post pandemic [1:22:30] people are not home during the day? Uh [1:22:33] is or and or is it the increase of [1:22:36] lowflow toilets or do we not know? Yeah, [1:22:39] the quick answer to that is that the [1:22:43] current analysis takes into account the [1:22:45] last three years and it's more informed [1:22:48] than ever with the town's work with CADC [1:22:52] who looked at a more precise [1:22:54] representation [1:22:56] uh to determine indoor water use. um how [1:23:00] it was previously set is something that [1:23:02] was done before 2016 and not something [1:23:06] that uh really HFNH was a part of. So [1:23:10] it's been you know over a decade since [1:23:12] this was last analyzed at a minimum. [1:23:16] >> Oh since the rate of use but it has [1:23:18] changed. [1:23:20] >> Exactly. It's gone unaccounted for, [1:23:22] right? I mean, so I don't want to say [1:23:24] unaccounted for, sorry. [1:23:27] It was not looked at during the previous [1:23:28] cost of service study, [1:23:31] >> nor in 2016 as well. [1:23:33] >> So there's been a lot more lowflow [1:23:35] toilets installed since then, [1:23:37] >> right? in and in in a way it also um [1:23:40] correlates to the water use patterns [1:23:42] that Rick showed during the water use [1:23:45] presentation where you had that peak in [1:23:47] 2012 2013 where um water use whether it [1:23:50] was discretionary or indoor was u at a [1:23:54] premium. [1:23:55] >> Okay, that's super helpful. Um then I [1:23:58] was wondering um back to the commercial [1:24:00] customers [1:24:02] um is there an opportunity and I don't [1:24:05] know who this question is for um is [1:24:07] there an opportunity for them to [1:24:09] challenge the assumption since there are [1:24:11] so few and say you are looking at our [1:24:16] water use and basing you know guessing [1:24:18] our sewer use [1:24:21] off of that. Hey we never flush the [1:24:24] toilets. we only water our lawn or we uh [1:24:30] do a lot like maybe the racket club we [1:24:32] do a lot of dishes and we have like two [1:24:35] tiny little bathrooms that aren't really [1:24:37] used that much. So I don't know is there [1:24:39] a way for them to um uh challenge that [1:24:43] assumption. [1:24:45] >> I'll just speak first to the fact that [1:24:47] the same folks that calculated the [1:24:49] indoor water use for residents are doing [1:24:51] that on an annual basis for commercial [1:24:53] customers. So that's been the current [1:24:56] practice. So they're using the same set [1:24:57] of assumptions, [1:25:01] but as far as the challenge, maybe I'll [1:25:03] turn it to Jen [1:25:03] >> and and also it's using the AMI data [1:25:08] from our own from our own measuring [1:25:10] system as the as the back background on [1:25:13] that. That's also uh more precise, [1:25:16] right, with the [1:25:17] >> and that shows how much water they're [1:25:20] using but not how much they're using the [1:25:23] sewer [1:25:25] >> indoor use. [1:25:27] >> Yeah. [1:25:28] Oh, so we're so indoor use. So [1:25:31] then it would really be like the racket [1:25:33] club saying we have two small bathrooms [1:25:35] but we do tons of dishes. [1:25:38] Maybe not so much the country club. [1:25:47] Yeah, I I do believe that we have a uh [1:25:51] formula that we're factor in the three [1:25:54] uh month of the winter sessions and the [1:25:57] formula to calculate the sewers, right? [1:25:59] So, it's pretty consistent and in fact [1:26:02] some of the schools have [1:26:05] uh lower in terms of their uh sewer uh [1:26:09] or water usage. Correct. Yes, there is a [1:26:12] so first it's using the AMI data time of [1:26:16] use and then there's a formula that CADC [1:26:20] is that um developed to look at taking [1:26:25] that usage and then applying it to [1:26:28] indoor usage. So we're not able to say [1:26:31] that sink was on at that hour and they [1:26:33] use that shower on that day. um but they [1:26:36] have taken a very good look at their [1:26:38] data to come up with these assumptions [1:26:41] that um would be used for this rate [1:26:46] making purpose. Um I think if someone [1:26:50] really wanted to understand on an [1:26:51] individual basis, you know, that [1:26:54] analysis, we could absolutely sit down [1:26:56] with them and and talk them through [1:26:58] that. [1:26:59] >> Okay, that that's super helpful to know. [1:27:01] Thank you so much. [1:27:02] >> Thank you. Um I have just one more [1:27:06] question um regarding the treatment [1:27:08] costs. Was that ever factored into the [1:27:10] sewer rates in the past or has it it has [1:27:13] it continues to be factored into the [1:27:15] sewer rates? [1:27:15] >> Yes. Yes, mayor. [1:27:17] >> Okay. Um [1:27:21] I really don't have additional [1:27:23] questions. I appreciate the other [1:27:24] questions that's been submitted so far. [1:27:26] And we actually need to hear from the [1:27:29] public before we adjourn. So, um, I [1:27:32] don't think we've had a chance to ask [1:27:33] the public for their opinion on this. Do [1:27:36] we have anyone from the public waiting [1:27:38] to, uh, comment? [1:27:39] >> Thank you, Mayor. Thank you, Mayor Cole. [1:27:41] I'll just ask if there anyone on Zoom [1:27:44] would like to provide comments [1:27:48] and I don't see any a raised hand. Thank [1:27:50] you. [1:27:53] » Um, yes, you may go ahead. [1:27:55] >> That was all for you guys. Any other [1:27:56] questions? Other than that, we'll just [1:27:58] take your direction and move forward. [1:27:59] Any additional questions from the [1:28:00] council or any specific [1:28:03] >> the mayor? [1:28:03] >> Yes, go ahead. Mayor Rex, [1:28:05] >> if you are seeking direction on sewer [1:28:07] rates, my guess is we probably might [1:28:10] feel more comfortable than with regard [1:28:11] to the water rates to give you [1:28:13] direction. Uh I don't know if I I don't [1:28:15] want to I can only speak for myself. I'm [1:28:17] comfortable with the recommendation on [1:28:20] the on the sewer. [1:28:22] >> Um okay. [1:28:23] >> So we we um support the recommendation [1:28:25] that's presently in front of us [1:28:27] regarding the sewer rates. Thank you. We [1:28:30] will now adjourn this uh study session. [1:28:32] Thank you very much. Thanks for the [1:28:34] presentations. Excellent. [1:28:38] We will be joining a close session. Um [1:28:40] let me [1:29:06] Mayor Cole, [1:29:07] >> I'm trying I'm trying to call. Well, if [1:29:09] you guys will stay seated, I will. [1:29:12] >> Would you like me? [1:29:15] >> Okay. I am I was curious why everybody [1:29:18] got up and walked away. Okay, we will [1:29:21] turn to close session. Um so let me do a [1:29:24] public announcements of the close [1:29:25] session items. Item A, conference with [1:29:27] legal council existing litigation. Town [1:29:29] of Hillsboro versus all persons [1:29:31] interested in a matter of the [1:29:33] proceedings for resolution number 22-83 [1:29:36] adopting maximum rates for water service [1:29:40] charges. [1:29:44] Item B, conference with legal council [1:29:48] initiation of initiation of litigation [1:29:50] pursuant to uh government code section [1:29:52] 54956.9. [1:29:54] Print D, print 4, one, potential case, [1:29:56] consideration of appealing in existing [1:29:58] litigation noted above. Item C, public [1:30:02] employee performance evaluation pursuant [1:30:04] to government code section 54957, pin B, [1:30:08] pin one, city manager. Item D, [1:30:11] conference with legal council, [1:30:12] anticipated litigation pursuant to [1:30:15] government code section 54956.9, [1:30:18] print D, print two, one or more [1:30:20] potential um cases. [1:30:23] All right. Um any members of the public? [1:30:29] >> Thank you, mayor. Call [1:30:30] >> on any of the close session items? [1:30:32] >> No. No public comment. Thank you. [1:30:34] >> Okay. We will now adjourn to close [1:30:35] session. Thank you. [1:30:45] Good evening everyone. The regular city [1:30:47] council meeting is now called to order. [1:30:49] February 9th, 2026. The time is 6:12. [1:30:54] Um, city clerk, may we please have the [1:30:57] roll call. [1:30:58] >> Thank you, Mayor Cole. Adams, [1:31:01] >> present. [1:31:02] Crow, [1:31:03] >> present. Ragdale [1:31:07] >> present. [1:31:07] >> Cole [1:31:08] >> present. [1:31:09] >> Thank you. [1:31:10] >> Um, please stand for the pledge of [1:31:12] allegiance. [1:31:32] Welcome everyone. It's good to see you [1:31:35] all in chambers tonight. Um, [1:31:40] do we have any report from close [1:31:41] session? City attorney Diaz. [1:31:43] >> Thank you, Mayor Cole. Just wanted to [1:31:44] announce for the public that the council [1:31:45] did convene in close session and [1:31:47] consider four agenda items um as noted [1:31:49] on the agenda and direction was given to [1:31:51] staff, but otherwise there was no [1:31:52] reportable action under the Brown Act. [1:31:54] Thank you. [1:31:55] >> Thank you. Um before we move on um the [1:31:59] next item we have a couple of [1:32:01] proclamations and I have asked my [1:32:03] colleagues to join me in reading the two [1:32:05] proclamations for the month of February. [1:32:08] The first proclamation is um Black [1:32:10] History Month for February 2026 and we [1:32:13] will all take turns in reading this one. [1:32:16] Whereas Black History was first [1:32:18] acknowledged 100 years ago in 1926 as [1:32:21] part of an initiative by writer and [1:32:23] educator Dr. Carter G. Woodson to [1:32:26] recognize the heritage and achievements [1:32:29] of black Americans and to enhance [1:32:31] knowledge about black American history. [1:32:34] And whereas the 2026 Black History Month [1:32:38] theme, a century of Black History [1:32:40] commemorations honors the 100th annivers [1:32:44] 100th anniversary of the celebration [1:32:45] initiated by Dr. Woodson. The milestone [1:32:48] theme examines the impact of marking [1:32:51] black history, culture, and life on the [1:32:53] status of black people today. And [1:32:56] whereas work work is at the very center [1:33:01] of much of black history and culture. Be [1:33:05] it debates among black educators on the [1:33:10] importance of vocational training, [1:33:13] self-help strategies, and [1:33:15] entrepreneursship [1:33:17] in black communities or organized [1:33:20] labor's role in fighting both economic [1:33:24] and social injustice. [1:33:27] can [1:33:28] >> whereas black history is American [1:33:30] history and understanding and [1:33:32] appreciating the experiences of black [1:33:35] individuals is crucial to understanding [1:33:37] the full story of our town and our [1:33:40] country. And [1:33:42] >> whereas today, black Americans lead [1:33:44] industries and movements for change, [1:33:47] serve our town and nation at every level [1:33:51] and advance every field across the [1:33:53] board, including art and sciences, [1:33:55] business and law, health and education, [1:33:58] and many more. And [1:34:00] >> whereas the town of Hillsboro believes [1:34:02] every person has the freedom to feel [1:34:05] valued and respected and condemns racism [1:34:08] in rhetoric or action. Now therefore, be [1:34:12] it resolved that the city council of the [1:34:14] town of Hillsboro hereby proclaims the [1:34:16] month of February 2026 as Black History [1:34:20] Month, signed by Sophie Cole, mayor, [1:34:22] February 9th, 2026. [1:34:25] >> Thank you. Um the next proclamation um [1:34:28] is um National Slavery and Human [1:34:30] Trafficking Awareness Month and um again [1:34:34] I will ask my colleagues in joining me [1:34:36] to read this proclamation. [1:34:38] Whereas since 2010 the month of January [1:34:42] has been proclaimed as National Slavery [1:34:44] and Human Trafficking Prevention Month. [1:34:46] And whereas human trafficking is a human [1:34:49] rights violation and a violation of both [1:34:52] federal and California law. It also [1:34:54] promotes the breakdown of families and [1:34:56] communities, fuels organized crime, [1:34:59] deprivives countries of human capital, [1:35:01] undermines public health, and imposes [1:35:04] large economic costs. And whereas the [1:35:08] crime of human trafficking is present in [1:35:13] every country and every US state and [1:35:17] whereas San Monteo County is considered [1:35:20] a high-risk corridor for trafficking [1:35:23] because of its proximity to [1:35:24] international airports and location [1:35:26] along major north south transit routes. [1:35:30] And [1:35:31] >> whereas although human trafficking is [1:35:34] illegal, victims often do not recognize [1:35:36] their victimization, do not know that [1:35:39] help is available or where to seek [1:35:41] assistance. And [1:35:42] >> whereas public awareness about human [1:35:45] trafficking still needs to reach broader [1:35:47] communities and communicate more [1:35:49] information about the nuances of this [1:35:51] crime. And whereas the town is committed [1:35:55] to increasing public awareness of the [1:35:57] injustice of force, fraud, and coercion [1:36:00] that is used to exploit the victims of [1:36:02] this heinous crime and to provide [1:36:04] resources and support to victims through [1:36:06] the county of San Mato Human Trafficking [1:36:09] Prevention and Enforcement Initiative. [1:36:12] Now therefore be a resolve that the city [1:36:15] council of the town of Hillsbor hereby [1:36:18] proclaims the month of January 2026 as [1:36:22] national slavery and human trafficking prevention month signed by [1:36:28] our mayor Sophie Cole dated February 9th [1:36:31] 2026. [1:36:33] >> Thank you all. Thanks to my colleagues [1:36:35] um these are not just words they do [1:36:37] reflect our values and our principles in [1:36:39] a town. Thank you very much. Much [1:36:40] appreciated. Um the next um item that is [1:36:45] um town update [1:36:50] by our city manager, Doug Davis. [1:36:56] Thank you, Madam Mayor. [1:37:00] We have our H&N speaker series that's [1:37:02] coming up. This will be uh Wednesday, [1:37:03] February 11th, and it starts at 6:30 [1:37:05] p.m. And our speaker this time will be [1:37:08] Heather Vandenberg, who's going to come [1:37:10] in and talk about her experience uh [1:37:12] during the Paradise Fires and uh or I'm [1:37:15] sorry, Palisades Estates. Uh she [1:37:17] evacuated from that area. And if you've [1:37:19] never heard her presentation, it's quite [1:37:20] harrowing all the stuff that she went [1:37:22] through. A lot of lessons learned that [1:37:23] are there. It's it's a great [1:37:25] presentation. I've seen it before and [1:37:26] I'd encourage anybody to come down and [1:37:28] see this. Uh February 11th, 6:30. [1:37:33] We have our Hillsboro Youth Commission [1:37:35] is going to be taking an ebike survey [1:37:36] and putting it out to the community. So, [1:37:38] the deadline to get that in will be uh [1:37:41] March 1st. And they're encouraging all [1:37:44] of our school people, fifth graders [1:37:45] through 12th graders, to fill this out. [1:37:47] So, it's a a chance for them to get a [1:37:49] kind of a an idea of exactly how they [1:37:51] feel about ebikes. It's a controversial [1:37:53] topic that's that's pretty uh front and [1:37:55] center right now with everyone. and [1:37:57] they're working with our city council, [1:37:59] city manager's office, and the [1:38:00] superintendent of schools as well. And [1:38:02] later on tonight, you'll hear our [1:38:03] assistant city manager, Mandy Brown, [1:38:05] talking a little bit more about ebikes [1:38:07] as well. On that same topic, there's an [1:38:10] ebike video contest uh held by the Cal [1:38:13] Associ California Association of Youth [1:38:15] Commissions. And uh this deadline is uh [1:38:19] looks like March 10th and it's a $500 [1:38:21] prize for anybody who turns in a 30 [1:38:24] secondond video that gets selected as [1:38:26] the best video in there. And again, you [1:38:28] can refer to the website there to see [1:38:30] how to submit that. Um and it's open uh [1:38:33] for students to submit grades 5 through [1:38:35] 12. [1:38:37] The Samaritan House is having their [1:38:39] annual youth coat drive. Uh this will be [1:38:42] January 4th through March 2nd. And we [1:38:44] have a box right out here at town hall [1:38:46] there. Most of the town halls here in [1:38:48] Sonteo County have this as well, but [1:38:50] ours is located out front. If you have [1:38:52] any coats that you would like to donate [1:38:54] towards the youth, uh that would be [1:38:56] where to do it. Again, sponsored by [1:38:57] Samaritan House. [1:39:01] We have a joint venture with U Hillsboro [1:39:04] and the city of Berlingame. And this is [1:39:06] for if you've ever been to the voting [1:39:08] booth and you get the I voted today [1:39:09] sticker. Uh this is to create a design [1:39:11] for that. It's for students uh age 18 [1:39:14] and under are encouraged to enter the I [1:39:16] voted contest. So they'll be uh writing [1:39:19] artwork for the I voted sticker and [1:39:21] residents 19 and older will be making a [1:39:23] sticker for future voters. And these are [1:39:25] the ones that are handed out to some of [1:39:27] the children that attend the voting [1:39:28] booths with their parents and it's a [1:39:30] sticker that they can place on them as [1:39:32] well. The deadline for that is April 6th [1:39:35] and you can enter the contest at the [1:39:36] below email address there. [1:39:41] And our leadership council or LEAD is [1:39:44] having uh an event on February 19th uh [1:39:48] and that'll be at uh Pholi and this is a [1:39:52] uh worldclass gardens and an immersive [1:39:56] art and culture day that'll be held [1:39:58] there at the grounds. Obviously many [1:40:00] people have been there. It's a beautiful [1:40:01] area to have there and there's going to [1:40:03] be a couple of uh creativity and [1:40:05] leadership practices that are going to [1:40:06] end there and also some mindfulness [1:40:08] training that'll happen there as well. [1:40:12] Our SER program is still running. This [1:40:14] will be February 3rd through the 28th [1:40:17] and this is for residents of Berlingame [1:40:19] Milbury and Hillsboro put on by our [1:40:22] central county fire department. If [1:40:23] you're interested in joining this and [1:40:25] getting into that first stage of citizen [1:40:27] and emergency response team, I encourage [1:40:30] you to go to the website there or use [1:40:32] the QR code as well. [1:40:37] And finally, we have the El Camino Rail [1:40:39] Roadway Renewal Project that is still [1:40:41] ongoing. Uh the dates here aren't set in [1:40:44] stone, but it's looking like it'll be [1:40:45] February 23rd through March 6th will be [1:40:48] the time period that'll probably most [1:40:50] impact our residents here in Hillsboro. [1:40:52] I want to thank our uh public works team [1:40:54] for working closely with CALR to [1:40:56] mitigate the traffic as much as [1:40:58] possible. Uh unfortunately the El Camino [1:41:01] is a main thoroughfare so in the end it [1:41:03] will be a much better uh roadway that [1:41:05] we'll have. There will be some slight [1:41:07] inconveniences that are happening during [1:41:08] that time. For more information you can [1:41:10] go to the Department of Transportation [1:41:12] website which talks about the project. [1:41:16] And then our slide for upcoming events. [1:41:17] I would just highlight that uh February [1:41:19] there, February 23rd, we're going to [1:41:21] have our annual goal setting session [1:41:23] with the city council which is open to [1:41:25] the community. And this is where we set [1:41:27] our goals for the following year with [1:41:29] our city council. So it'll be staff and [1:41:30] city council talking about some of the [1:41:32] projects they've worked on over the last [1:41:34] year and what they're doing in the [1:41:36] coming year as well. And finally, our [1:41:38] slide here for all our notification [1:41:40] programs, SMC Alert, Genesis, Nixel, [1:41:43] Watchd Duty, and MyShake. Uh again, as I [1:41:46] always say, if you're going to pick one [1:41:47] that you're going to join, I would say [1:41:48] SMC Alert is probably the most [1:41:50] important. I would also say that Nixl is [1:41:52] probably the easiest to use. And from [1:41:54] there, you can choose your entry point [1:41:56] as you like. [1:41:57] >> Thank you. [1:41:58] city manager Davis. [1:41:59] Appreciate that. Um next item is um [1:42:02] public comment on items that are not on [1:42:04] the agenda. Do we have any um anyone [1:42:07] either in chambers or remotely with [1:42:09] public comments? [1:42:10] >> Yes, Mayor Cole. John Lockton. [1:42:13] >> Hello, Mr. Lockton. [1:42:18] Welcome. [1:42:21] >> Thank you and thank you for the [1:42:22] opportunity to address you. Uh I have [1:42:25] been at this podium along with members [1:42:28] of our group uh since the spring of 2015 [1:42:33] talking about water rates. You believe [1:42:36] 2015? And I understand that uh you may [1:42:40] be looking at uniform rates now. uh [1:42:43] array of hope. Uh thank you very much [1:42:45] for looking at that. Uh but I'm here uh [1:42:48] really about uh uh a hope on our part [1:42:51] for settling this terrible litigation. [1:42:55] Uh it has wasted a lot of town money. [1:42:58] It's wasted a lot of money of our group. [1:43:01] Um we wish it hadn't started. Uh my [1:43:05] purpose in being here today is to say [1:43:07] what I said in an email to you uh which [1:43:10] is uh I am here now. Our group is ready [1:43:13] to talk. Uh we would uh we're open to [1:43:16] anything. Um we u we believe maybe [1:43:20] wrongly that uh Hillsboro when you [1:43:23] brought this action had some sort of a [1:43:26] plan what you would do if uh you didn't [1:43:28] weren't successful. We're happy to [1:43:30] negotiate off whatever your plan may be, [1:43:34] but we'd like to uh start the [1:43:36] negotiation, which is why we're here. Um [1:43:39] just just as an aside, uh uh we do not [1:43:42] understand why the litigation was [1:43:44] brought. Um we wouldn't have sued and we [1:43:49] were barred from suing by a statute [1:43:51] which said that you had to sue within uh [1:43:54] 60 days and that time had passed. So, we [1:43:57] couldn't sue and you brought this suit [1:44:00] and uh uh had you not brought it, you [1:44:02] would have been able to take uh the same [1:44:05] rates for five years without any uh [1:44:08] challenge. Uh but anyway, it's happened [1:44:11] and we would like to uh uh move ahead [1:44:15] and have a negotiation. [1:44:17] Whoever gave you that advice to bring [1:44:19] the suit, I think gave you poor advice. [1:44:22] We we we didn't need to have that suit. [1:44:25] we didn't need to spend all Hillsboro [1:44:27] money. Um, if they're giving advice on [1:44:30] an appeal, please don't. You're going to [1:44:33] lose an appeal. I assure you, I'm not [1:44:35] going to get into the legalities of it, [1:44:37] but uh that is that's what's going to [1:44:39] happen and it'll just be a waste of more [1:44:41] money. So, we hope you don't appeal. We [1:44:44] hope you'll uh talk settlement to us and [1:44:46] we hope uh there isn't a lot of [1:44:48] animosity towards us. You know, a [1:44:50] validation um proceeding is an [1:44:54] invitation of the town to participate in [1:44:57] finding the facts of something. Um we [1:45:00] didn't sue. This was the town wanting to [1:45:02] find truth about the water rates. And uh [1:45:06] in such a proceeding, the town is [1:45:09] invited to participate and we [1:45:11] participated. and we gave our views of [1:45:13] the facts and you gave your views of the [1:45:14] facts and the town came down uh in one [1:45:18] direction and uh could have come down [1:45:20] the other direction. But uh we love the [1:45:23] town. We do not want anything bad to [1:45:26] happen to the town. We are as I said [1:45:29] very unhappy the water rate suit was [1:45:31] brought because it's wasted a lot of [1:45:33] money and had it not been brought uh we [1:45:36] would have uh not sued you. [1:45:38] >> Thank you. [1:45:39] >> Now I just want to reate reiterate that [1:45:42] I'm we're willing to talk and thank you [1:45:45] very much for the time. [1:45:46] >> Thank you so much, Mr. Lton. Any [1:45:49] additional comments from the public on [1:45:51] items that are not on the agenda? [1:45:53] >> Thank you, Mayor Cole. I'll just check [1:45:54] to see if there are any raised hands on [1:45:56] Zoom and I'm not seeing any. Thank you. [1:46:03] Okay, I will now close um public comment [1:46:08] and the next item on our agenda is [1:46:11] announcement of conflicts of interest. [1:46:13] Um do any of my council members have a [1:46:15] conflicts of interest to disclose [1:46:17] related to any item on the agenda? [1:46:22] Seeing none through the mayor, I do have [1:46:26] on agenda. I'm not jumping ahead but the [1:46:29] agenda item nine. Uh I am recusing [1:46:33] myself from agenda item nine on [1:46:37] tonight's agenda. Um as I have a real [1:46:41] property interest within 1,000 ft of the [1:46:46] 1200 Jaclyn [1:46:48] drive. [1:46:49] >> Thank you council member Chuang. [1:46:52] Um [1:46:55] any other conflicts of interest? [1:46:58] Um so city attorney, will we um remove [1:47:00] that item um before we vote on the [1:47:02] consent calendar? [1:47:03] >> Yeah, thank you, Mayor Cole. Agenda item [1:47:05] nine is actually a public hearing, so [1:47:06] you'll hear that item and when we get to [1:47:08] that item, uh council member Chuang will [1:47:09] step out of the room and the rest of the [1:47:11] council can decide that the matter. [1:47:13] Thank you. [1:47:15] >> Okay. Um [1:47:18] any items to be removed from the consent [1:47:20] calendar? I [1:47:22] >> Council member Krley, [1:47:24] >> I just have a question on item one uh [1:47:26] and a comment on item six, but it's a [1:47:28] quick question. I don't think we need to [1:47:30] remove it. [1:47:32] >> I through the mayor. [1:47:33] >> Any other items? [1:47:34] >> I also have a comments on item five, [1:47:39] but not doesn't have to remove it. [1:47:42] >> Um any items to be removed specifically [1:47:44] just these are just comments on item [1:47:46] one, five, and six and six. any [1:47:49] additional items to be removed. [1:47:55] » Okay. Um we we will um so [1:47:59] >> we're not removing any of these items [1:48:01] except for item nine which council [1:48:03] member council will recuse. So item one [1:48:06] council member question for the city [1:48:07] clerk on uh under on the minutes on page [1:48:11] 44 in our packet at the top of the page. [1:48:15] It's under um old business item 11. I do [1:48:19] have the last name of the resident on [1:48:21] Moralboro Road. Is there a reason why we [1:48:23] don't want it published? [1:48:24] >> I didn't include it because he didn't [1:48:26] state it for the record. [1:48:28] >> Um and so I I just I didn't include it [1:48:30] for that reason. When he was at the [1:48:31] podium, he didn't. Um I noted that I [1:48:34] said it out loud, but then he didn't say [1:48:36] it out loud, so I chose not to include [1:48:38] it in the minutes. [1:48:39] >> Okay, that was my question. Thank you. [1:48:41] >> Thank you. [1:48:42] >> Okay. Um item five. [1:48:45] >> Item five. Thank you. Um, I just want to [1:48:49] um commend the staff for continuing to [1:48:54] really identify the HMGP [1:48:57] program grand funding for the Highland [1:49:00] project. I know that Highland project, [1:49:03] Highline project has been a very [1:49:05] important project for our town. It was [1:49:08] most unfortunate that FEMA grant the [1:49:10] brick grant did not come through and it [1:49:13] is a a huge project, $45 million. So, [1:49:17] thank you so much for identify those uh [1:49:20] grant funding and continue to move [1:49:22] forward with this project. Thank you. [1:49:26] >> Um I echo those statements. [1:49:29] >> These are [1:49:29] >> Yes, I think we all echo those [1:49:31] statements [1:49:32] >> and we're very grateful. [1:49:33] Mandy. Thank [1:49:34] you to you and the team for working on [1:49:37] that item six. [1:49:38] >> And I just wanted to say that even [1:49:40] though it's on consent cal calendar, [1:49:42] these cyber security controls are so [1:49:44] important. So, um, I thank you, William, [1:49:47] and for pursuing those. [1:49:52] And with that, I make a motion to [1:49:54] approve the consent calendar items 1 [1:49:57] through eight. And we have a second. [1:50:00] >> Second. [1:50:02] >> Okay. Um, all those in favor say I. [1:50:05] >> I. [1:50:12] Um we have unanimous consent for the [1:50:15] consent calendar. [1:50:19] » You're moving into agenda item nine. [1:50:21] >> No. [1:50:22] >> Yes. Okay. We will start with um agenda. [1:50:25] We'll move on to public hearing for um [1:50:27] agenda item nine. [1:50:40] All right. Uh, good evening, mayor. Good [1:50:42] evening, council members. My name is [1:50:43] Doug Belchick, and I am the associate [1:50:45] civil engineer for the town of [1:50:47] Hillsboro. And tonight's public hearing [1:50:49] item is for council to consider the [1:50:51] adopt adoption and summary vacation of [1:50:55] easements at 1200 Jaclyn Drive. um [1:50:59] staff, property owner, property owner [1:51:01] rep, and uh other technical staff are [1:51:04] available for any questions after the [1:51:06] presentation. [1:51:09] Uh so getting started, the red dot shown [1:51:12] on the screen is the approximate [1:51:13] location of the property. As you can [1:51:16] see, it's in the northernmost portion of [1:51:18] Hillsbor, right along the border of [1:51:20] Berling. [1:51:24] The property itself consists of three [1:51:26] parcels shown here on the left. Um it's [1:51:29] the current and existing conditions. [1:51:32] The applicants recently submitted an uh [1:51:35] lot line adjustment application that [1:51:37] would modify the existing three property [1:51:41] shown on the left to something that [1:51:42] would look more on the right. Um, as [1:51:45] part of that lot line adjustment, the [1:51:47] applicant is proposing to vacate and [1:51:50] relocate existing easements shown here [1:51:52] in red. Um, as well as dedicate some new [1:51:56] easements, which are depicted here on [1:51:58] the right. Effectively, this would place [1:52:01] public utility easements along all [1:52:03] interior property lines, which is more [1:52:05] consistent of a typical property in [1:52:07] town. [1:52:12] The reason we're here tonight is because [1:52:14] of code section 163650D, [1:52:18] which states that if the proposed lot [1:52:20] line adjustment includes the dedication [1:52:22] or abandonment of easements, the city [1:52:24] engineer shall not approve the lot line [1:52:26] adjustment map until city council has [1:52:29] accepted the offer dedications or [1:52:31] abandonments in a public hearing. Uh so [1:52:34] in short, council must consider and [1:52:36] approve the easement dedications and [1:52:38] abandonments before the city engineer [1:52:40] can consider the law line adjustment. [1:52:45] Again, tonight uh tonight's public [1:52:48] hearing item is for council's [1:52:49] consideration of the easements, not [1:52:51] considering the lot line adjustment [1:52:53] itself. Acceptance of the easements will [1:52:56] permit town access for future [1:52:58] installations, operation, and [1:53:00] maintenance of any public utilities. As [1:53:03] of now, there are no current public [1:53:05] utilities that the town owns. Uh other [1:53:07] public utility providers have confirmed [1:53:09] acceptance of the easements. Um they as [1:53:12] well don't have any any u uh any [1:53:14] utilities. Uh and town staff have [1:53:16] addressed inquiries regarding the lot [1:53:18] line adjustment and process and have [1:53:20] also clarified that no development is [1:53:23] being proposed at this time. [1:53:26] And with that, I can take any questions. [1:53:29] >> Thank you, Mr. Pilchic. Um, any [1:53:32] questions from the council regarding the [1:53:35] presentation? [1:53:37] Yes, council member Crowley. [1:53:38] >> Thank you, Doug. Can you go back to the [1:53:41] map, please? [1:53:44] >> So, on the left, the current, that [1:53:48] yellow slice, [1:53:50] and the orange slice. So, who do they [1:53:52] belong to? [1:53:54] >> It's all part, sorry, it's all part of [1:53:57] 1,200 jackling. Uh it's one property but [1:54:01] three parcels. Actually it's technically [1:54:03] four but the lot line adjustment is just [1:54:05] for three. [1:54:06] >> So the property belongs to 12200 Jaclyn [1:54:08] but there's a utility easement [1:54:12] >> existing. Correct. The red line it goes [1:54:14] pretty much all around the existing [1:54:16] orange property. [1:54:18] >> But we don't actually have any utilities [1:54:20] there. Is that what you're saying? [1:54:22] >> Correct. It was probably done when the [1:54:24] property was subdivided at some point. [1:54:26] Uh but the town hasn't had any need for [1:54:28] it as of yet. [1:54:28] >> Okay. So there's no change in ownership. [1:54:32] >> All right. [1:54:33] >> Correct. [1:54:33] >> Uh thank you. [1:54:35] >> Thank you. Um Council Member Adams. Oh, [1:54:38] any question? [1:54:39] >> Um just a comment. I really appreciate [1:54:43] having this public discussion. I think [1:54:45] it's obvious where this probably will [1:54:49] lead and I think it's really good for us [1:54:51] in terms of transparency [1:54:54] to be talking about the importance of [1:54:56] the easements but also the importance of [1:54:59] understanding the changes uh that this [1:55:02] will represent. So I appreciate this [1:55:05] opportunity to again have transparency. [1:55:11] » Thank you. Um, Vice Mayor Rexdale. [1:55:14] >> Um, two questions. One, just to follow [1:55:17] up on Council Member Kick's question. [1:55:19] So, is it probably that in the past on [1:55:22] the left, that bottom left portion maybe [1:55:24] was an individual lot and that's why it [1:55:27] had easements all around it and then it [1:55:29] was bought up and combined. [1:55:32] >> Correct. It could be any number of [1:55:33] different things, but yes, most likely. [1:55:35] >> Okay. Um and then my question is um if [1:55:38] it if we accepted the uh new easements [1:55:42] and the vacation of easements um and um [1:55:46] then the lot line was not uh the lot [1:55:49] line change was not approved by the [1:55:52] public works director. [1:55:54] What happens to those easements? They [1:55:56] can they can just stay the new easements [1:55:59] or do they that's just a separate issue? [1:56:03] >> That is a great question. Uh my guess is [1:56:06] that they most likely will not get [1:56:10] dedicated. Uh they need to be stamped [1:56:12] and signed and and there'd need to be a [1:56:14] whole bunch of processes. This is just [1:56:15] to to accept them. Um they haven't been [1:56:19] approved or or anything like that. Um [1:56:22] that would take a whole a whole separate [1:56:23] process which is what would happen after [1:56:26] if they do get approved. [1:56:27] >> Okay. Oh, that that's a good answer. [1:56:30] Thank you. [1:56:31] >> Um thank you. Um just a quick followup [1:56:34] regarding the modifications in the [1:56:36] easement. It looks like we now have [1:56:38] access potentially if infrastructure is [1:56:41] needed or easement is needed um within [1:56:44] the property as well. So I assume the the width of those access is [1:56:50] appropriate for the work we may need to [1:56:52] do in the future if necessary. [1:56:54] >> Yeah. Uh it's a typical 5 foot wide [1:56:57] public utility easement that is across [1:57:00] town [1:57:01] >> and and and that access would be deed [1:57:03] indefinitely for the town. In other [1:57:05] words, the town owns that 5-ft access. [1:57:09] >> They have the right to access it. It [1:57:10] would still be part of the property. Uh [1:57:12] it's just that the town has access to to [1:57:15] it. [1:57:15] >> Okay. [1:57:17] >> And and that access basically belongs to [1:57:18] the town indefinitely is your Yeah. [1:57:21] Until the council abandons it or [1:57:23] approves abandonment. [1:57:25] Okay. Um All right. Those are the [1:57:28] clarifying questions. I have any um [1:57:31] Go ahead, Council Member Crow. [1:57:33] >> One more question. Looking at this, [1:57:34] Doug. So, the street on the left, [1:57:36] looking at this, that's Fagan Drive, [1:57:38] right? Is that Fagan? [1:57:40] >> Yes. [1:57:41] >> And then the street at the top is [1:57:43] Armsby, right? [1:57:44] >> Correct. [1:57:44] >> So, h how did we get 1200 Jackling out [1:57:47] of that? And does is the is the address [1:57:50] going to change? [1:57:52] Uh yes, there is a there is an [1:57:54] application for an address change to [1:57:56] make it more current [1:57:58] at some point. I believe the subdivision [1:58:00] was done in 1960 something. [1:58:03] >> Um so it's most likely that the access [1:58:06] was off of Jaclyn at some point, but [1:58:08] >> Okay. Thank you. [1:58:09] >> Subdivide. [1:58:12] >> Any additional questions? Okay. Do we um [1:58:15] have a motion to accept this? Um, [1:58:18] >> Mayor Cole, uh, this is a public [1:58:20] hearing, so we'd want to open up the [1:58:21] public hearing and see if there's any [1:58:22] public comment. [1:58:23] >> Any public comments from the public? [1:58:25] >> Yes, [1:58:35] my name is Gordon Newman and I've been a [1:58:37] resident on Pagan Drive since 1974. [1:58:41] >> And um, I also am a civil engineer with [1:58:45] a professional license. state of [1:58:47] California. I have built thousands of [1:58:50] homes and apartments in the state of [1:58:52] California and in the uh other parts of [1:58:55] the country. Um I have some concerns and [1:59:00] I represent some uh residents of Fagan [1:59:03] Drive that have similar concerns. We [1:59:06] understand this is a preliminary [1:59:08] hearing. We also understand that [1:59:10] ultimately the homes will be built and [1:59:13] most probably be approved by the city [1:59:15] council. We have one major concern and [1:59:18] that is the uh ability of uh Fagan Drive [1:59:22] to allow emergency services to be uh [1:59:26] accessed to Fagan uh during this perhaps [1:59:31] four-year construction period of the two [1:59:33] homes. Um I have spoken to Chief Colola [1:59:38] and she has similar concerns about [1:59:40] emergency services during that [1:59:42] construction period. Um, I would [1:59:46] therefore like to recommend to the city [1:59:48] council [1:59:49] uh if possible uh during the approval [1:59:52] process that a construction easement be [1:59:57] provided to the present homeowner and [1:59:59] developer of these lots so that the [2:00:03] construction vehicles and necessary [2:00:06] parking etc be on their property not on [2:00:09] Fagan Drive which would interfere with [2:00:11] emergency services. Thank you. [2:00:16] Um, [2:00:17] >> any questions? [2:00:19] >> Um, just for clarification on your [2:00:21] comment, I I realize your time is up. [2:00:24] Specifically, you are asking for the con [2:00:28] uh an exception for the construction [2:00:30] vehicle to be located within the [2:00:34] property as opposed to Fagan Drive. [2:00:36] >> Yes. [2:00:36] >> Okay. Just wanted to clarify that. Any [2:00:40] questions for the neighbor? No. Any [2:00:44] other comments from the public? [2:00:47] >> Thank you, Mayor Cole. I'll Is there I [2:00:49] just checked to see if there's anyone on [2:00:51] Zoom who would like to provide comments [2:00:52] to raise their hand. And if there's [2:00:54] anyone in the room who would like to [2:00:56] provide comments, you can [2:00:58] >> complete a speaker card or let me know. [2:01:02] I'm not seeing any raised hands on Zoom [2:01:06] and I'm not seeing anyone else in the [2:01:07] room who would like to provide comments. [2:01:14] » Okay, seeing no additional questions I [2:01:16] have qu I have um coming back to the [2:01:18] council um could we put the map up [2:01:20] again? Um and also I guess the question [2:01:22] is for you Mr. Belch or Paul. [2:01:26] Have we ever asked the developer or [2:01:29] builder to um not use the right of way [2:01:33] and provide access for construction [2:01:35] vehicles within the property itself? Is [2:01:38] that a reasonable requ? [2:01:42] » Yeah. Uh it's it's uh it is reasonable. [2:01:46] I will say that typically during [2:01:47] development the contractor will choose [2:01:49] the the most appropriate way um which is [2:01:52] all taken cons into consideration during [2:01:55] design review. Um if the properties were [2:01:58] to get developed they would still go [2:01:59] through the proper design channels and [2:02:01] have to go through ADRB and and planning [2:02:04] building engineering all the permits. Um [2:02:06] and at at that time if um if there were [2:02:09] concerns about access off of Fagan, we [2:02:11] can definitely condition the project [2:02:13] that the contractor come through off of [2:02:16] Arms Beer or any other way not to affect [2:02:20] any anything off of Fagan. [2:02:22] >> Then just to add a little bit to what [2:02:24] Doug Belch has shared, um the [2:02:25] application before you is really a lot [2:02:27] line adjustment. Um so really just [2:02:29] moving parcel lines on the various [2:02:31] parcels. No development is proposed at [2:02:33] this point with the application, but the [2:02:35] opportune time I think for council or [2:02:37] ADRB depending on where it lands in [2:02:39] terms of the approvals. If there's [2:02:40] future homes that are proposed, that [2:02:43] would be the appropriate time for either [2:02:44] of those bodies to basically impose a [2:02:46] condition as outlined by the commonour. [2:02:48] But tonight it would be a little [2:02:49] premature just because if you if if [2:02:52] ultimately you approve the easements and [2:02:53] accept them and let's say our city [2:02:55] engineer does approve the lot line [2:02:56] adjustment, these lots could sit just as [2:02:59] they are without any development for [2:03:01] decades. Um and so I wouldn't want you [2:03:02] to impose the condition now, but I think [2:03:04] when it does come back for future [2:03:06] development and homes are actually being [2:03:08] proposed at that point. I think our [2:03:10] director of building and planning is [2:03:11] hearing the comment tonight. Um, and so [2:03:13] they will ensure that obviously ADRB [2:03:15] looks at that. If it ultimately comes to [2:03:16] you at the council level, that's [2:03:18] something you can impose at that point [2:03:19] as a condition of approval. [2:03:23] » Um, any question? Yes. Um, council [2:03:25] member Adams. Thank you, Christopher, [2:03:27] for that clarification, but I think your [2:03:30] question was, do we have a precedent or [2:03:32] have we ever done that? And I saw some [2:03:34] head shaking. So, in time, that would be [2:03:38] a good thing to make sure that we don't [2:03:41] forget and that we hear from you again. [2:03:44] So, um I think we're ready to take a [2:03:48] vote. [2:03:49] >> Yeah. I I think to to respond to the [2:03:51] resident, it's a it's a valid concern [2:03:54] and for the the neighbors on Fagan when [2:03:57] if construction commences on these lots, [2:04:00] it's a narrow entrance to the road and [2:04:02] um building and planning um I think [2:04:05] should and will take that into [2:04:07] consideration and make sure that there [2:04:09] is a plan that is safe and the least [2:04:12] amount of disruption possible for the [2:04:15] neighbors. [2:04:18] » Thank you. Any additional comments? [2:04:20] Okay. Then do I have um and no questions [2:04:24] from the public? No additional questions [2:04:25] from the public. Correct. [2:04:27] >> No, Miracle. Thank you, [2:04:29] >> Mr. Belchick. Do I um recommendation is [2:04:32] to adopt a resolution accepting a 5 foot [2:04:35] wide public utility easement on three [2:04:37] parcels at 1200 Jaclyn Drive, APN's [2:04:40] number listed. um and contingently [2:04:43] summarily vacating an existing public [2:04:46] utility easement on two parcels at 1200 [2:04:48] Jaclyn Drive [2:04:50] pending relocation under secret [2:04:52] guidelines. [2:04:54] >> So move second. [2:04:57] >> Could we take a roll call please? [2:04:59] Council member Adams. [2:05:01] >> Yes. [2:05:02] >> Council member Kwick. [2:05:04] >> Yes. [2:05:05] >> Vice Mayor Rexdale. [2:05:06] >> Yes. [2:05:08] >> Mayor Cole says yes. Thank you. [2:05:11] Mr. Belchure. [2:05:12] >> It's a very special property. Good luck [2:05:14] with that. [2:05:15] >> Yeah. [2:05:20] Hey, [2:05:28] the next item on our agenda is a [2:05:30] discussion on ebikes andformational [2:05:32] updates and that will be presented by [2:05:34] assistant city manager Mandy Brown. [2:05:39] Good evening, Mayor Cole, Vice Mayor, [2:05:41] and council members. Uh the E stands for [2:05:44] efficient. Tonight is a very efficient [2:05:46] meeting. Moving right along. Um I'm here [2:05:49] to present a briefformational update on [2:05:51] ebikes. Uh trying to provide a broad [2:05:54] overview of what's the landscape is and [2:05:57] uh open the discussion for council and [2:05:59] residents to provide some feedback and [2:06:01] ideas. Um and also just to promote that [2:06:04] there are this is the beginning of the [2:06:06] conversation. There are lots more [2:06:08] discussions to be had both at the county [2:06:10] level and higher. Um so uh if if we do [2:06:13] not capture everything tonight uh we [2:06:15] will continue the conversation. [2:06:28] This is just to provide um an overview [2:06:30] of the different types of ebikes. Um I [2:06:33] will note that it may be difficult to [2:06:35] tell with the eye when you're seeing [2:06:37] these ebikes go around whether it's a [2:06:39] class one, class 2, or class 3. Um but [2:06:42] these are the technical definitions and [2:06:44] it's also included um as a chart in [2:06:47] attachment one um just to give an [2:06:49] overview of what we're talking about and [2:06:51] the speeds um pedal assist and there's [2:06:54] some other details but this is really [2:06:56] just a high level [2:07:01] again not meant to be exhaustive but [2:07:03] just to say why are we having this [2:07:05] conversation ebikes do have a lot of [2:07:07] benefits especially for a town like [2:07:08] Hillsboro where there is a a challenges [2:07:11] with that last mile connectivity between [2:07:13] homes and transit stations like Cal [2:07:16] Train station or bus stations. They're [2:07:18] very helpful to improve accessibility [2:07:20] especially on our beautiful hills um [2:07:23] here in town. And it's also a very nice [2:07:26] uh alternative to vehicular traffic, [2:07:28] getting people out of their cars um and [2:07:31] just be having more access to different [2:07:33] places. [2:07:36] That said, they do come with some risks [2:07:38] because they do go fast and they are so [2:07:40] efficient. there is a greater increase [2:07:42] of injury especially when you're not [2:07:44] using proper helmets um if you're [2:07:47] speeding. Um also there are ways to [2:07:50] modify the equipment to make them go [2:07:52] faster than they're supposed to be um [2:07:54] ridden and so that increases uh injury [2:07:58] as well. lack of education and training. [2:08:01] Unlike driving where you're required to [2:08:04] get a license and go through specific [2:08:06] training, uh there isn't necessarily [2:08:08] formalized training and education, [2:08:11] though this is improving and I'll go [2:08:12] through a couple of those resources [2:08:14] tonight, but it's not mandated the same [2:08:16] way it is um with driving vehicles. [2:08:21] Um and then the enforcement of the [2:08:22] regulations. Um our uh wonderful HPD [2:08:26] does a wonderful does a great job of [2:08:28] making sure that they have resources and [2:08:30] they're going out proactively to the [2:08:32] community. Um but there are a lot of [2:08:34] ebikes um around town and so uh HPD [2:08:38] can't be everywhere. And so um also [2:08:40] offering some tools to uh just increase [2:08:43] the public education for some self-p [2:08:45] policing as well. [2:08:49] Just a broad overview of what I'll talk [2:08:51] about tonight. The staff report has a [2:08:52] lot of detail. I've kept it a little bit [2:08:54] higher level for the PowerPoint. Um, so [2:08:56] I'll just go over kind of big to small [2:08:59] what's being done at the state level, [2:09:00] some other counties in the state, what's [2:09:03] being done in Samonteo [2:09:05] County in the town, and then offering [2:09:07] some tools and resources. [2:09:12] So there is a lot that's been done um at [2:09:15] the state level and also continuing to [2:09:17] be done even since we did this published [2:09:21] the staff report. Um there is new [2:09:23] legislation that we're actively [2:09:25] monitoring and will uh continue to [2:09:27] monitor. Uh but the first three bullet [2:09:30] points are a summary of some of the [2:09:33] ebike laws that passed and have gone [2:09:35] into effect this year. Um, so [2:09:38] prohibiting the selling a class 3 ebike [2:09:40] to anyone under 16, requiring the rear [2:09:43] red reflector, um, and then prohibiting [2:09:46] the sale of applications to modify an [2:09:48] ebike speed capabilities. Um, and I [2:09:51] think we've talked about the rear red [2:09:53] reflector in the past and whether or not [2:09:55] that's really a feasible way to promote [2:09:58] safety. What it does is it um it does [2:10:01] sort of give HPD um the opportunity to [2:10:06] begin the safety conversations if the [2:10:08] reflector is not there. Um so it does [2:10:10] help with enforcement and at least um [2:10:12] some education uh in that way even if it [2:10:16] the rear reflector may not on its face [2:10:18] seem like the the most efficient safety [2:10:21] measure. Um so new proposed legislation [2:10:24] AB1557 [2:10:26] um by PAPEN is there's a multitude of [2:10:29] things. This is really just a high [2:10:31] level. Um we did link um the full [2:10:33] language um in the staff report. So [2:10:35] giving local law enforcement clear [2:10:37] authority um to address these ebikes. Um [2:10:41] and then Davies some ebike safety [2:10:43] requirements at schools which is being [2:10:46] done in our Sono County uh schools [2:10:49] resources. um it's just not required [2:10:51] right now. [2:10:55] There are some other counties uh in [2:10:57] California that have obtained pilot [2:10:59] programs uh to limit uh safety [2:11:02] regulations. So um Marin County and San [2:11:06] Diego County you'll probably hear about [2:11:08] a lot and this is allowing jurisdictions [2:11:11] to essentially opt in to more [2:11:13] restrictive age restrictions. And these [2:11:16] pilots are really supposed to run [2:11:18] through January 1st, 2029 with the idea [2:11:20] that once the pilot period concludes, [2:11:23] they will consider rolling it out to [2:11:25] other counties. Um there has been a lot [2:11:28] of interest from counties that are not [2:11:30] in the pilot program to be allowed into [2:11:33] the pilot program or to develop their [2:11:35] own. Um and so we are monitoring seeing [2:11:38] how these are going and the various [2:11:40] cities within these counties are uh in [2:11:42] the process of sort of adopting those [2:11:44] measures. And so I've provided a a [2:11:47] summary of the cities that have have [2:11:48] joined in. But there's a lot of [2:11:50] interest. I think most of the cities in [2:11:51] San Diego County are at least discussing [2:11:54] it if not taking tangible steps towards [2:11:57] um joining the program. [2:12:02] Santo County is also doing a lot in [2:12:04] terms of resources. The San Monteo [2:12:07] County Office of Education has a whole [2:12:08] library of ebike toolkit and trainings [2:12:12] um with webinars and resources for [2:12:14] parents uh translated into multiple [2:12:17] languages. Um and I'll speak a little [2:12:19] bit more about the town's efforts, but [2:12:21] this is something that has been promoted [2:12:23] both through our school district as well [2:12:24] as through town communications. [2:12:28] We also hear a lot about other cities [2:12:30] that have passed regulations or ebike [2:12:32] bans locally. We hear about Berling game [2:12:35] and we hear about Milbre. Uh these it's an important clarification that [2:12:40] these um ordinances prohibit the [2:12:43] operation of ebikes in public areas uh [2:12:46] and in park or recreation areas or [2:12:48] sidewalks. They do not prohibit their [2:12:51] use on the actual roads. So those are [2:12:53] governed not by town ordinances. So the [2:12:56] town of Hillsbor does not have a large [2:12:59] number of parks or trail system. um that [2:13:02] would be what an ordinance if we were to [2:13:04] adopt something would really govern. It [2:13:06] would not impact riding ebikes along the [2:13:09] actual streets of Hillsboro. So, I just [2:13:11] wanted to make that clarification uh [2:13:13] because I do think sometimes it get [2:13:15] could become confusing in news articles [2:13:18] um and word of mouth. [2:13:21] Um, again, [2:13:23] some cities that that don't uh haven't [2:13:25] have opted to not adopt an ordinance do [2:13:28] have moreformational [2:13:30] resources and then additional town halls [2:13:33] and listening sessions. Um, I think our [2:13:35] weekly bulletin has been 60% ebike town [2:13:39] halls lately um promoting them. Uh, we [2:13:42] had Josh Becker, Diane Papin had one [2:13:44] with um Ana um the lead of our Hillsboro [2:13:47] Youth Commission speaking at it. Um [2:13:49] there's two events tomorrow on ebikes um [2:13:53] that Vice Mayor Ragn and I are tag [2:13:55] teaming. So it it's continuing to gain [2:13:58] some traction and so hopefully that will [2:13:59] result in some some meaningful change. [2:14:06] Now what is being done at the town [2:14:07] level? So we are tracking that [2:14:09] legislation at the state level meeting [2:14:11] with our legislative consultant. Our [2:14:13] legislative platform does have language [2:14:16] uh to limit the ability for users to [2:14:18] alter ebikes. We also are doing this [2:14:21] through the League of California Cities. [2:14:23] Um they have a strong initiative to [2:14:25] monitor this legislation. Um, but having [2:14:28] that in our platform means that as these [2:14:30] proposed bills are moving very quickly [2:14:32] through Sacramento, we are able to write [2:14:35] letters of support um, and be very [2:14:37] nimble to make sure that we're showing [2:14:40] um, that we want to see that legislation [2:14:42] pass. And so that's very helpful um, [2:14:45] making sure that our voice is being [2:14:47] incorporated in that conversation. [2:14:51] As you know, uh you guys passed and [2:14:53] adopted the bicycle and pedestrian [2:14:54] master plan, uh with a huge thanks to [2:14:56] the public works and building and [2:14:58] planning staff for helping spearhead [2:15:00] this. Uh this master plan contains some [2:15:04] policies for consideration to be um [2:15:06] adopted by the city in the future, [2:15:09] including prohibiting riders from riding [2:15:11] unsafe speeds, encouraging safety [2:15:14] courses, um and additional helmets and [2:15:16] bike lights. Uh, I do want to address I [2:15:19] know the council received a public [2:15:20] comment regarding some infrastructure [2:15:22] improvements and the bike and ped master [2:15:24] plan does contain um some some [2:15:28] infrastructure improvements. Uh so [2:15:32] was not ignored. Uh it was meant to be [2:15:34] captured. Each one of these bullet [2:15:36] points could probably be their own [2:15:37] presentation in themsel. Um so we're [2:15:40] just trying to capture it at a high [2:15:41] level. But the bike ped master plan does [2:15:43] also have recommendations for physical [2:15:45] barriers and improvements and things to [2:15:47] improve safe biking in the town of [2:15:49] Hillsboro. [2:15:53] I mentioned HPD before. They have done [2:15:55] three specific trainings on ebikes and I [2:15:58] did include their PowerPoint as an [2:16:00] attachment to the staff report um most [2:16:02] recently just in January. Um and and had [2:16:06] very good attendance at Crocker Middle [2:16:08] School. [2:16:12] Um, additional public education [2:16:14] outreach. We have a ebike website. So, [2:16:17] hillsboro.net/ebikes [2:16:19] which just has a summary um of a lot of [2:16:21] the information here tonight. All of [2:16:23] those resources from the county and [2:16:25] otherwise the HPD presentation is on [2:16:27] there as well. Uh and so it's a easy [2:16:30] place uh to and as we get more [2:16:32] information uh and these webinars come [2:16:34] out we'll make sure to update it with [2:16:35] the record links to recordings the youth [2:16:38] commission survey uh for example we'll [2:16:40] make sure to plug here just so it will [2:16:42] be a living library of ebikes in [2:16:44] Hillsboro. [2:16:50] I did to want to just while we're on the [2:16:52] topic um offer a couple of just best [2:16:55] practices uh both for parents and for [2:16:58] kids uh not just ebikes but um all [2:17:02] biking uh in town. Um ensuring that [2:17:05] you're wearing a helmet and that it [2:17:07] fits. Um making sure that you're [2:17:09] practicing passenger safety. Um and [2:17:12] reminding that carrying a passenger is [2:17:14] legal only if your ebike has a seat for [2:17:16] another person. I know that we often see [2:17:19] that is not the case riding around [2:17:20] Hillsboro. I know I've seen it. Um and [2:17:22] so just making sure that everybody's [2:17:24] aware of the legal rules. [2:17:27] Being responsible not just as a a bike [2:17:29] rider but also on in a vehicle. Um being [2:17:32] aware of ebikes and being responsible, [2:17:35] predictable and visible, wearing bright [2:17:37] colors and lights uh when you can and uh [2:17:41] slowing the speed. So higher the speed, [2:17:43] the higher the risk. So, I'm just [2:17:45] encouraging folks to ride at safe speeds [2:17:47] and please do not modify your ebike to [2:17:50] ride at an unsafe speed. [2:17:54] This is another resource from safe [2:17:56] routes that we'll link um on the [2:17:58] website, but uh specifically geared [2:18:01] towards parents. So, a lot of these [2:18:03] resources are geared towards specific [2:18:04] audiences. [2:18:07] Again, [2:18:09] just another plug for our our website [2:18:11] and this is the basic information of [2:18:13] what is on our website. So, the rules of [2:18:15] riding an ebike, ebike and bike safety [2:18:17] tips, how to report illegal or [2:18:20] concerning bike behavior. We do get that [2:18:21] question a lot and then access to that [2:18:24] library of tools and resources. [2:18:28] So, with that, I'll open up uh for [2:18:30] discussion or questions to keep the [2:18:32] conversation going. Thanks for your [2:18:33] time. [2:18:34] >> Thank you, Mandy. Um, thank you so much [2:18:37] for the work you've been doing on this. [2:18:38] And before I open it up to my [2:18:39] colleagues, I would like to first also [2:18:41] take the opportunity to thank our vice [2:18:43] mayor, uh, Leslie Ragdale has been not [2:18:47] only representing the town quite well in [2:18:49] moving this discussion forward, but [2:18:50] she's just been very diligent and [2:18:52] persistent working with HPD as well as [2:18:55] the school, the the schools and the [2:18:58] stakeholders at the school to move the [2:19:00] education and information on this [2:19:02] project. Thank you so much, Leslie. I've [2:19:03] been quite impressed with the speed and [2:19:05] elacrity you've moved this whole [2:19:07] discussion forward. Um I will now open [2:19:10] it up to my colleagues for questions for [2:19:12] clarifications on the presentation. Um Caswell Adams and just a quick [2:19:19] question about the ordinance that uh is [2:19:21] in Berling game about restricting [2:19:24] driving to roads. [2:19:27] We have a few places in Hillsboro that [2:19:30] would be tempting that are off-road. Um [2:19:34] would it be within our purview to create [2:19:37] legislation [2:19:38] similarly that you must use these bikes [2:19:42] on roads? [2:19:45] » I can look into it especially if you [2:19:47] have specific areas and we can work with [2:19:49] the city attorney's office to see what [2:19:51] capabilities we have. Certainly. [2:19:56] Council member uh Trunk, [2:19:58] >> thank you. Um thank you for the [2:20:00] presentation and thank you Vice Mayor uh [2:20:02] Rexels for um you know um spearheading [2:20:06] it. Um there are certainly a lot of [2:20:09] discussions regarding this and my [2:20:11] question is this one. Um and that that's [2:20:15] sort of dubtail to uh our uh chief. Uh [2:20:18] perhaps you can come up to the podium [2:20:20] and talk a little bit about um the um [2:20:24] the meeting with um the students, the [2:20:27] Kroger students. I think um the [2:20:30] education piece is fantastic and the [2:20:33] peer-to-peer discussions with the [2:20:35] officers has been very effective. [2:20:38] >> Yes, that's correct. Uh we had our first [2:20:42] session uh in the beginning of the [2:20:45] school year and that was uh widely [2:20:48] attended. A lot of kids came. Uh we had [2:20:52] our second session uh last week or the [2:20:55] week before sorry and uh that was also [2:20:59] uh very well attended. uh the officers [2:21:02] give a wonderful presentation [2:21:04] and uh really give that personal uh [2:21:09] level to the to the students. Um we [2:21:13] recently had a uh parent uh before [2:21:17] Christmas break for the kids for the [2:21:19] parents who are going to buy uh bikes [2:21:21] for the students just to give them heads [2:21:23] up and what to look for and you know [2:21:26] most importantly it's the education for [2:21:29] the students and uh to help them make [2:21:33] right decisions [2:21:35] >> and and I I I maybe you want to talk a [2:21:38] little bit about the assembly that you [2:21:40] intended to push push out uh maybe at [2:21:43] the uh later of this year uh so that [2:21:46] people would actually bring their bikes [2:21:48] in and then be able to have u sort of a [2:21:52] pure conversation [2:21:54] um among the students with parents and [2:21:57] also with the officers. [2:21:59] >> Correct. So we're going to have we're [2:22:01] not calling it a a bike rodeo. It's more [2:22:04] like a skills session where the officers [2:22:07] will be there. where they'll be able to [2:22:08] check the students bikes and make sure [2:22:10] they haven't been modified or if they [2:22:13] have any questions on how to ride them. [2:22:16] Uh we'll put them through a little kind [2:22:19] of an obstacle and just be there for the [2:22:22] students in case they need any help. And I think this is would be a good [2:22:27] point for me to just kind of bring it [2:22:29] up. One of the observation I had is when [2:22:32] you have more than three cyclists [2:22:36] um on the road literally they're the you [2:22:39] know the formation of a size of a [2:22:41] vehicle and as drivers we don't know how [2:22:45] to approach them. you don't know how to [2:22:47] pass them or you want to follow them [2:22:49] behind them and they also seem like that [2:22:52] they are not sure exactly how they are [2:22:56] able to move forward with their [2:22:59] formation. So I think that that would be [2:23:02] something either in our website or in [2:23:05] the presentation to have conversation [2:23:07] regarding the formation so that they [2:23:10] will keep themselves safe and it's also [2:23:14] uh less of a frustrations for the driver [2:23:16] trying to pass them by and create [2:23:19] potential accidents. [2:23:21] >> Sure. And that is uh something that they [2:23:23] discussed during the uh presentations [2:23:25] that we gave earlier. [2:23:27] >> Thank you. Thank you chief. [2:23:28] >> Sure. [2:23:29] >> Thank you chief. Um, Council Member [2:23:32] Kwick, [2:23:35] >> thank you. Thank you, Mandy, for the [2:23:37] presentation and also thank you, yeah, [2:23:39] Leslie, and and everybody that's been [2:23:41] working up for and and Chief, and that [2:23:45] is all the things that have been done so [2:23:47] far to try and keep our residents and [2:23:49] especially our youth safe. So, I just [2:23:51] have two questions, Mandy. Um, it said [2:23:53] class one, no throttle, class two [2:23:56] throttle, and then class three is no [2:23:58] throttle again. [2:24:00] So why is um what makes class three I [2:24:03] assume that's more powerful? [2:24:11] Let me pull up them. There's an [2:24:12] attachment with a bit more um [2:24:16] specificity. Um the attachment one which [2:24:22] has [2:24:24] I'll have to get back to you. I I'm [2:24:27] still learning a lot of these these [2:24:28] terms and stuff. There's kind of its own [2:24:30] world. [2:24:31] >> I didn't mean to play stump the deputy [2:24:33] city manager. Yeah. [2:24:34] >> All right. So, we'll we'll table that. [2:24:36] And then my second question is for [2:24:38] Christopher. What what uh our city [2:24:40] attorney, what parameters are we [2:24:43] permitted to set around this? [2:24:46] >> Yeah, it's a complicated question and I [2:24:48] know Mandy's done some of the research. [2:24:49] Uh Leslie attended a call with one of my [2:24:51] associates who's dug into the ebike [2:24:53] regulations. We have seen some [2:24:55] ordinances that we've adopted uh for [2:24:57] certain cities within the state limited [2:25:00] kind of um scope um and I could probably [2:25:02] bring more to you if you are interested [2:25:04] in looking at an ordinance just kind of [2:25:06] what the parameters would be um but yes [2:25:08] it is limited the state has set some of [2:25:10] the requirements um and you don't want [2:25:12] to deviate from what the state has set [2:25:14] but there are certain things that we can [2:25:15] regulate and I can come back with more [2:25:16] specificity if if that's desired of the [2:25:18] council. [2:25:19] >> Thank you. Those are all my questions. I [2:25:21] have thoughts but that's after public [2:25:22] comment. Um, Vice Mayor Rexdale, [2:25:26] >> um, uh, with regard to class three, they [2:25:30] they're age 16 and up by state law. Um, [2:25:33] but they can go up to 28 miles per hour. [2:25:36] And I'm not sure if you have to pedal [2:25:38] assist on a class three. I think you [2:25:41] might just be able to ride it with the [2:25:43] throttle [2:25:44] and and not pedal assist. You do have to [2:25:47] pedal still on the three. Okay. But [2:25:51] on the three, that's the thing that [2:25:52] confuses me. Well, there's a lot that's [2:25:54] confusing, but yeah. So, the class three [2:25:56] um can go up to 28 miles per hour. And [2:26:00] when they talk about miles per hour, if [2:26:02] you're going downhill, even not [2:26:04] modified, even a legal bike, you you you [2:26:07] could be going faster. Um so, um [2:26:11] I have more opinions than questions, so [2:26:14] I'm going to wait. But I just want to [2:26:16] thank you so much, Mandy, for this [2:26:18] amazing presentation that I've already [2:26:20] mentioned to a couple of people. Um and [2:26:22] point out um in case everyone leaves [2:26:24] before my opinions um that the town hall [2:26:28] tomorrow is at 2 o'clock um with the [2:26:31] county supervisors led by supervisor [2:26:34] Spear and uh Supervisor Muller at 2 [2:26:37] o'clock tomorrow um down in Rabbit City. [2:26:40] >> Thanks for that reminder. I will get to [2:26:42] you in one second. I I just have one [2:26:44] clarifying question for Mandy or whoever [2:26:46] has the answer regarding the pending [2:26:49] legislation. um that is looking at age. [2:26:54] Are they actually talking about license [2:26:56] that would prove the age that you are? [2:26:59] Is that included? I think this is the [2:27:01] Papen um legislation. Do we know? [2:27:05] >> Yes. And and at her most recent town [2:27:07] hall, I believe she received quite a bit [2:27:10] of feedback on on this legislation. So, [2:27:14] I I hesitate to opine on on what that [2:27:16] means in terms of the actual [2:27:18] enforcement. Um, and I do I do [2:27:21] anticipate and our legislative [2:27:22] consultant anticipated that there may be [2:27:24] some [2:27:26] changes coming and and what has been [2:27:27] proposed based on some feedback that [2:27:29] she'd received. So, we'll um get a an [2:27:31] update and we'll either make sure to [2:27:33] include it in the legislative report [2:27:35] that is in your packet each month or um [2:27:37] send it um to you separately. [2:27:39] >> Okay. Thank you. And I will um turn it [2:27:42] over to uh [2:27:44] >> Hi. Hi. [2:27:45] >> Good evening. I'm Naen Taylor Barnes, a [2:27:48] longtime Hillsboro resident. [2:27:50] >> Hello, Nadine. [2:27:51] >> And u the reason I'm here is also to [2:27:54] help with the hopefully help with the [2:27:56] ebike issue. I've been working a lot [2:27:58] with UCSF and then also with Marin [2:28:02] County. We've been in the middle of all [2:28:04] of of this for quite a while. Uh and [2:28:07] also I have had to learn a lot. But [2:28:10] basically, uh, I do want to thank [2:28:12] Christine because I got her attention, [2:28:15] uh, also on this issue. And then Leslie, [2:28:18] I haven't met you yet, even though we've [2:28:19] emailed extensively. Uh, and then of [2:28:22] course Anna and even Brody who've done a [2:28:24] lot of work on the upcoming article. I [2:28:26] think that will really help matters. [2:28:29] Okay? Because you have to educate the [2:28:31] parents. They are buying these bikes. [2:28:34] They don't know um, they don't know what [2:28:37] they're buying. All right? The kids are [2:28:39] saying, "Oh, my friend has this. Please [2:28:42] get it for me." This is what we saw in [2:28:44] Marin. Uh there is actually even fraud [2:28:48] where uh bikes are being sold as ebikes, [2:28:52] but they're not. They're much more [2:28:54] highowered. You have the software that [2:28:57] can modify even the the legal bikes. So, [2:29:01] this is very very confusing for parents [2:29:04] and you know, we can wait for the [2:29:06] legislation. And there's a lot of [2:29:08] legislation. There are a lot of studies [2:29:10] now. But I think you have to get to the [2:29:14] parents and to the kids, which you know, [2:29:16] it's so good to see the extensiveness of [2:29:19] this of the program that Hillsboro is [2:29:22] planning. And let me tell you why. [2:29:24] because I don't know how many of you [2:29:27] have seen the big New York Times uh the [2:29:30] cover story, the Sunday magazine cover [2:29:32] story uh with Amelia Stafford who was 15 [2:29:36] at the time. My son operated on her when [2:29:40] she came into the hospital in Marin um [2:29:45] having just suffered you know an ebike. [2:29:47] She was on they think a class two which [2:29:50] was a legal you know illegal ebike but [2:29:52] she had jumped on just to try it just to [2:29:56] go down the block. She fell off and had [2:30:00] severe traumatic brain injury and this [2:30:03] is the thing. This is what parents have [2:30:05] to understand. the injuries are far more [2:30:10] you have more injuries much more in the [2:30:13] way of traumatic brain injuries and then [2:30:16] on top of that you know you're talking [2:30:19] about extensive hospitalizations you're [2:30:22] talking about u rehabilitation [2:30:26] uh and so and that's if you survive okay [2:30:31] you're looking at a lifechanging event [2:30:33] it's not one and done and then of Of [2:30:36] course the death rate is so much higher. [2:30:38] They found in Marin one in eight you [2:30:41] know and then now some new statistics [2:30:44] are that two to three you know this is [2:30:46] just on the the ebikes uh two to three [2:30:50] times more likely to have traumatic [2:30:52] brain injury and then the death rate [2:30:55] four to five times more. Now part of why [2:30:59] I also wanted to discuss this is because [2:31:02] the misnomer it's called an ebike and in [2:31:05] Europe uh all of almost all of what is [2:31:09] sold here as ebikes would be classified [2:31:14] as mopeds and under strict regulations [2:31:18] in Europe. So you have the misnomer [2:31:21] where parents are feeling maybe more [2:31:23] casual about it. uh you have fraudulent [2:31:27] advertising and then on top of that now [2:31:30] what Marin encountered and also we're [2:31:34] seeing at these presentations [2:31:36] is the ebike advocates are trying to say [2:31:41] the problems are with illegal bikes and [2:31:44] it's not the case. You have legal bikes [2:31:48] and they're being used improperly and of course you know kids not having [2:31:53] the education and whatnot. Okay. Um, [2:31:55] Nadine, thank you for those comments. [2:31:57] I'm not sure. Have you written anything? [2:31:58] We're happy to include that into um our [2:32:01] records. Did you submit anything in [2:32:03] writing? I appreciate everything you [2:32:05] just stated. Well, everything you just [2:32:06] stated is recorded. That would be part [2:32:08] of the record as well. But thanks thanks [2:32:10] for the information you just provided. [2:32:12] It's extremely helpful and thanks for [2:32:14] your work in educating the community [2:32:16] about this subject. Thank you so much. [2:32:18] >> You're welcome. [2:32:20] >> Any any other additional public comments [2:32:23] on this issue? Thank you, Mayor Cole. [2:32:25] I'll just ask if anyone on Zoom would [2:32:26] like to provide comments on this item. [2:32:31] I'm Oh, yeah. Yes, please. [2:32:40] » We started Abe Matar 110 Redwood Drive. [2:32:43] Um, we started a petition and we have [2:32:45] over 800. [2:32:46] >> Do you mind just stating your name? I [2:32:48] have met you before, but do you mind [2:32:49] just saying your name for the record? [2:32:50] >> Yes. Abe Matar. [2:32:52] >> Okay. Sorry, I didn't hear it. Go ahead. [2:32:54] >> Uh, so um I'm passionately against [2:32:57] ebikes. [2:32:59] My kid doesn't ride one, but um I had [2:33:01] two friends die on motorcycles growing [2:33:04] up and uh I see these kids how they use [2:33:07] them on the streets. It's really [2:33:08] horrible. Uh one of my my son's friends [2:33:12] got injured on a bike and it forced us [2:33:15] to come up with this petition that Amar [2:33:18] presented. We have over 800 people in [2:33:21] Hillsboro out of 3600 homes that are [2:33:24] very opposed to having ebikes without [2:33:26] permit. If I need a permit to drive a [2:33:29] car and a motorcycle needs a permit to [2:33:31] ride a motorcycle, you should have [2:33:34] anybody who's riding something faster [2:33:35] than a regular bike use some kind of [2:33:39] permitting. So, uh, the petition we we [2:33:42] put out was you need to be 16 or older [2:33:45] to ride, I think, you know, bikes and, [2:33:48] uh, I think they should be banned, [2:33:50] especially in Hillsboro because we have [2:33:52] no bike lanes like they do have in San [2:33:55] Diego with all these new developments. [2:33:57] We have no bike lanes. have up and downs [2:33:59] and you see them going to school in the [2:34:01] morning and it's you know you see them [2:34:03] like somebody was saying three at a time [2:34:05] and they're they think they're cool and [2:34:07] they're just you know what are we going [2:34:09] to wait for them to die before we make a [2:34:11] change. I mean we ban you know we ban [2:34:13] jeweled and we don't want our kids to [2:34:15] smoke but we want them to ride bicycles [2:34:17] at 30 miles an hour makes no sense. Um [2:34:20] so I I'm very very much supportive of [2:34:23] banning ebikes in Hillsboro. Thank you. [2:34:25] >> Thank you Aiden. Um, any additional [2:34:30] public comments before we move forward [2:34:32] with a discussion on this? [2:34:34] >> Thank you, Maricole. I'll just ask if [2:34:36] there's anyone else in the room who [2:34:37] would like to provide comments. [2:34:40] >> No, Miracle. Thank you. [2:34:41] >> Okay. Oh, yes. Um, [2:34:46] » yeah. Hi. Uh, my name's Mitch Wong. I [2:34:49] didn't really prepare anything here, but [2:34:51] it was my son Katon Wong that was riding [2:34:55] to school [2:34:57] uh down Chateau. I guess this was in [2:35:00] October. And then he basically I was out [2:35:04] of town. So then his mom let him ride [2:35:07] the ebike. It was her ebike. And so he [2:35:10] took the ebike down Chateau and then had [2:35:14] an accident on Chateau. blocked the [2:35:18] whole the whole street [2:35:21] and an ambulance came rushing to him and [2:35:25] took him to Stanford Hospital. [2:35:28] He had abrasions on his head, his face. [2:35:33] He lost two of his the two top of his [2:35:36] front teeth. Uh he missed a week of [2:35:40] school. Um, I mean, he's 12 years old [2:35:45] and all, ever since he's been in fifth [2:35:47] grade at South, all he's been dreaming [2:35:50] about is, "Dad, when are you going to [2:35:52] buy me an ebike?" [2:35:54] Yeah. So, the kids all want ebikes. [2:35:58] Uh, parents want to buy ebikes [2:36:01] to make it convenient for themselves. [2:36:06] We have so many ebikes in our homes now. [2:36:11] We don't even want to use them. [2:36:14] I think we have four ebikes. [2:36:17] We would go from the slow ebike, the [2:36:20] class one, and then say, "Oh, the kids [2:36:23] would be saying, "This is not fast [2:36:25] enough, Dad. This is not fast enough, [2:36:27] Mom. Let's get a class 2 ebike where you [2:36:31] have the throttle." We have that [2:36:34] throttle. I know what you're talking [2:36:35] about. So, [2:36:39] I mean, yeah, we have this petition. I [2:36:42] would definitely think that kids should [2:36:45] have to go through some sort of [2:36:46] education [2:36:48] and I think they should have some sort [2:36:50] of age requirement because I mean [2:36:53] driving around Hillsboro taking our kids [2:36:55] to school, we see these ebike kids and [2:37:00] they're, you know, they're popping [2:37:02] wheelies going down up and down the [2:37:05] street. They're really at like Ape says, [2:37:09] they're like treating it like a [2:37:10] motorcycle. [2:37:13] So I think uh if you know whatever we [2:37:16] need to do we will be happy to support [2:37:20] and help convey this message to uh kind [2:37:25] of we don't want to ban it but we want [2:37:28] to have some sort of [2:37:30] kind of some sort of monitoring and we [2:37:33] don't want kids to just be you know I [2:37:36] mean at South I remember when my kid [2:37:40] Katon was riding he wanted a ebike. [2:37:43] Other kids were like I think they were [2:37:45] fourth or fifth grade and they already [2:37:46] had ebikes. [2:37:48] >> Yeah. [2:37:48] >> And those ebikes are extremely powerful. [2:37:50] Oh, I'm sorry. I'm out of town. I [2:37:52] >> That's okay. Um I just also would [2:37:54] encourage um you Mr. Wong um Keith, [2:37:57] right? Is it [2:37:58] >> Katen Wong? [2:37:58] >> Ken Wong um and Abe as well as Nadine if [2:38:02] you haven't done so already just to be [2:38:04] able to reach out in the future if you [2:38:06] could if you wouldn't mind filling out [2:38:07] the yellow form so we'll have a contact. [2:38:09] It could be your phone number or email I [2:38:11] suppose is what we usually request. But [2:38:14] um I really we all really appreciate you [2:38:16] being in here today and sharing this um [2:38:19] this you know sharing this information [2:38:20] with us. Um as Naen pointed out I [2:38:24] completely agree. The traumatic brain [2:38:25] injury is not just a one time and it you [2:38:29] recover especially these young [2:38:30] individuals whose brains are still [2:38:32] developing. They can have very long-term [2:38:35] consequences as a physician. I've seen [2:38:37] that on the front line as well. So, we [2:38:39] will continue to um work on this issue [2:38:42] and and note for now um I haven't [2:38:46] commented. So, as we move into [2:38:47] discussion, I've been in close contact [2:38:50] with um Vice Mayor Ragdale on this. We [2:38:54] every time we run into a state [2:38:55] legislature, this is often the first [2:38:57] discussion we have with them. What are [2:38:59] they doing in Sacramento to move this [2:39:01] issue as quickly as possible? As a city [2:39:04] council, we're somewhat limited in terms [2:39:06] of legislating. for example, permits. [2:39:09] That was my first reaction the first [2:39:11] meeting I went to. I said, "Well, why [2:39:12] don't we just have everybody have a [2:39:13] permit?" Well, we don't have the [2:39:14] authorities outside of our jurisdiction. [2:39:17] However, some of the other issues that's [2:39:19] come up in terms of maybe banning it in [2:39:21] certain areas that could restrict that [2:39:23] could significantly restrict students [2:39:25] writing it at out of the house in the [2:39:27] first place. That's something our city [2:39:29] attorney and our staff will continue to [2:39:31] look into. and um just want to reassure [2:39:33] you that we are really all in on this [2:39:37] issue and doing the maximum we can to [2:39:40] constrain this in addition to education [2:39:43] of course um and I will open it up for [2:39:46] further discussion or comments from any [2:39:48] of my colleagues but yes um and and I'm [2:39:51] going to and I I realize I'm not [2:39:53] following the rules at this point but I [2:39:54] will ask Nine to go ahead and make a [2:39:57] comment. Yes. [2:39:58] >> The um I think uh when we were all [2:40:01] learning how to drive, right, and you [2:40:04] would see um a car that had crashed. [2:40:07] >> Use the mic so we can [2:40:08] >> Okay. Sorry. Recording. [2:40:09] >> Um I think there's one photograph that [2:40:12] was in the New York Times that if [2:40:14] parents saw this, you know, it it would [2:40:17] speak and and have them understand the [2:40:21] gravity of what we're dealing with. The [2:40:23] photograph is uh a replica of Amelia [2:40:29] Stratford's skull. And this is the piece [2:40:34] that my son had to remove from her skull [2:40:38] in order to save her life. And I think [2:40:41] if parents saw that one photo, you know, [2:40:44] photo is worth a thousand words. I think [2:40:46] that would do it. Because when I saw [2:40:48] that photo, I said, "Oh my god." [2:40:51] So, you know, before because I know [2:40:54] legislation takes time and and in fact [2:40:57] with Marin, they had so much push back [2:41:00] and it was so it got so limited to a [2:41:03] pilot and they wanted so much more. So, [2:41:06] there's a lot of resistance [2:41:08] >> but but the feedback we're getting from [2:41:09] the state legislature is they also [2:41:11] starting to move more quickly, [2:41:13] especially in the past couple of months. [2:41:14] I think is um [2:41:16] >> I think it was Mandy who pointed out [2:41:18] even as of the past 3 or 4 days there've [2:41:20] been new legislation. So I think they [2:41:22] finally getting the message from the um [2:41:26] communities and from the ground up [2:41:28] saying they need to move more quickly. [2:41:30] Um any additional comments otherwise um [2:41:34] thank you all for being here and and [2:41:36] nudging us along. Oh, I'm sorry. Vice [2:41:38] Mayor Ragdale. [2:41:39] >> Oh that's right. [2:41:44] Um, okay. I'll try not to take up too [2:41:46] much time, but I have a lot of opinions. [2:41:48] Um, I want to start though by thanking [2:41:51] you guys so much for your public [2:41:53] comment, for your advocacy, for the [2:41:55] petition, which this was something we [2:41:57] had already been talking about, but I [2:41:59] think the petition, and I'm so sorry for [2:42:01] your son's injuries. Um, but that [2:42:05] petition did wake us up to be u more [2:42:08] motivated on this issue and to press our [2:42:12] um supervisors and our state legislators [2:42:16] even more. And so thank you. And um we [2:42:20] happen to all be parents. Four of us are [2:42:23] grandparents. One of us is not. Um and we hear you. One of us raised a [2:42:29] doctor. So very good job. Um but anyway, [2:42:33] so thank you so much. I hope that um if [2:42:36] you can't go tomorrow, I know it's two [2:42:38] o'clock in the middle of the day, but [2:42:40] they uh usually have online comment [2:42:43] available. They're calling it a town [2:42:44] hall. I I presume they will also still [2:42:47] have online comments available um before [2:42:50] Supervisor Spear. She's also um very [2:42:53] accessible and you can email her and um [2:42:56] I have the email of her legislative aid [2:42:59] who's working on this if if you want [2:43:00] that. Um, I would hope that you would [2:43:03] also contact Diane Papin's office [2:43:05] because she is working on this [2:43:07] legislation, which is great and which is [2:43:10] limited, but hopefully less limited now. [2:43:13] um especially after the um town hall [2:43:16] that she had and there were a lot of [2:43:18] council members there and we all felt [2:43:21] the same that [2:43:23] Marin had a pilot and that pilot uh they [2:43:27] tried to get it statewide and there was [2:43:29] just too much resistance from the [2:43:31] manufacturers and the biking community [2:43:33] and um we're like all of us are like we [2:43:37] want that pilot. San Diego has a pilot [2:43:39] also. The San Diego pilot is um age 12 [2:43:42] and up for all ebikes. The Marin pilot [2:43:45] is age 16 for class two. Um I'll have [2:43:50] more on that in in a minute. But um but [2:43:52] anyway, this issue has has risen up uh [2:43:56] and uh we are we are doing what we can [2:43:58] but keep keep doing what you can and um [2:44:02] you know you are the you are the voters [2:44:04] for uh you know Senator Becker, Assembly [2:44:06] Member Papen, uh Supervisor Spear and [2:44:08] they want to hear from you. Um you know [2:44:11] we we have some say and some sway but uh [2:44:15] your your stories are especially [2:44:18] valuable. Um, I I want to also say that [2:44:23] wanting to regulate ebikes doesn't mean [2:44:26] we're anti-bicycle, [2:44:28] doesn't mean we're anti-kid [2:44:29] independence, doesn't mean we're um [2:44:32] anti-ex exercise, getting out of the [2:44:34] car. It just means these particular [2:44:39] they some people call them emotos. I [2:44:41] know Bob Middle and and Moran calls them [2:44:43] emotos. [2:44:45] They are, unless they're illegally [2:44:47] modified, they are legal. And our kids, [2:44:50] a nine-year-old can legally ride one of [2:44:53] these. And that's crazy. Uh, in in my [2:44:57] opinion, um, and I think in a lot of [2:44:59] people's opinions, you can be very, um, [2:45:02] supportive of um, bicycling and bike [2:45:06] lanes and safety and everything. Um but [2:45:09] also want regulations [2:45:11] on ebikes and who can ride them and how [2:45:13] they can ride them. Uh our schools and [2:45:16] our uh Hillsboro Police Department are [2:45:18] working so closely together and I went [2:45:21] to the presentation for parents. There [2:45:23] weren't tons of people there, but the [2:45:25] ones who were there really heard it. Uh [2:45:27] and hopefully they spread the word, you [2:45:29] know, and it was before the holidays. [2:45:31] was such smart timing that uh you really [2:45:34] need to think about what you're buying [2:45:36] and if you buy one just buy a class one [2:45:40] and make sure your kid is not modifying [2:45:41] it. And you know I think the first time [2:45:44] we ever heard about modifications was [2:45:45] when we when we had our um bike ped [2:45:49] first meeting and one of the middle [2:45:50] schoolers who's this amazing kid who's [2:45:53] also working on this issue told us and [2:45:55] we're like what we didn't we didn't [2:45:56] understand you can modify it so easily [2:45:58] with an app or a dongle. Um and then um [2:46:02] Anidal, the chair of our youth [2:46:04] commission and and Brody are working on [2:46:07] an article for our newsletter about the [2:46:09] topic and through the California [2:46:12] Association of Youth Commissions, uh [2:46:14] city manager had mentioned there's a [2:46:16] survey of kids. They've already gotten [2:46:18] some responses uh fifth grade through [2:46:20] 12th grade. They are focusing on the [2:46:24] teen perspective, which is so important [2:46:26] because the kids know they're supposed [2:46:28] to ride a helmet, wear a helmet. They [2:46:30] know they're not supposed to ride [2:46:32] recklessly. They know if they don't have [2:46:34] a seat behind them, they're not supposed [2:46:36] to take a friend and they're definitely [2:46:38] not supposed to take a friend if they're [2:46:40] don't have a helmet to give them. They [2:46:42] know they're not supposed to do leaves. [2:46:44] So, she's trying to get at this in this [2:46:46] survey. [2:46:48] Why do you do this? I mean, there's peer [2:46:50] pressure and all of that, but um I think [2:46:52] that's so valuable. Education is is [2:46:55] important. Education, educating the [2:46:57] parents, or the ones who buy the bikes [2:46:58] is so important, but this teen [2:47:00] perspective, I think, is really crucial. [2:47:03] And I'm so happy that she spoke at um [2:47:05] Diane Pepin's uh town hall and um and uh [2:47:10] is on this issue. Um so, just a couple [2:47:14] other things. Um [2:47:18] well, [2:47:19] I will give you okay one thing to note [2:47:22] that just people don't talk about but um [2:47:25] I didn't know until I started going to [2:47:26] these different webinars that electric [2:47:30] scooters apparently there's tons of them [2:47:32] I don't know if they're at our schools [2:47:33] but there's tons of them at schools this [2:47:36] man who's working on it Bob Middlestad [2:47:37] he's a lawyer in Marin who's he's a [2:47:40] bicycle advocate but he said he went [2:47:42] around to different schools in Marin [2:47:44] County San Monteo County he sees these [2:47:46] electronic scooters [2:47:48] they're actually illegal unless you're [2:47:50] 16 and you have a driver's license. So, [2:47:53] that was something that I didn't know. [2:47:55] Um, but that's just something also [2:47:57] spread the word about that. The e [2:47:59] scooters, no, actually just not allowed. [2:48:01] Doesn't matter. There's not a class, [2:48:03] there's not anything not allowed. So, [2:48:04] that's just something that I think it's [2:48:06] important to get the word out there. Um, [2:48:09] if your kid has an ebike, just I think [2:48:13] you should tell them whether or not you [2:48:15] can they can fit a person behind them, [2:48:18] tell them don't. They're too heavy. So, [2:48:21] even if you have a seat and even if your [2:48:23] friend has a helmet, they're very very [2:48:26] heavy vehicles. And, you know, just [2:48:30] don't don't ride with a friend. Uh, [2:48:32] don't ride three a breast either. And [2:48:35] don't do wheelies. Now, the police can [2:48:37] pull you over if you're driving in an un [2:48:40] riding your bike in an unsafe manner. [2:48:43] The police, they will they will do what [2:48:45] they can, but they're also not going to [2:48:47] unsafeely chase a bunch of teenagers and [2:48:49] cause them to crash. So, we have to [2:48:51] understand that there's only so much [2:48:53] that we can do. And the more tools that [2:48:55] we give them, for instance, the [2:48:57] requiring a reflector, etc. the more [2:48:59] tools that we give them um the easier it [2:49:02] is for them to have these um these [2:49:05] conversations. [2:49:07] I think um the last thing that I will [2:49:11] say just because [2:49:14] here I am with my wish list that I sent [2:49:17] to Diane Papen, I can only hope that [2:49:19] maybe maybe some of it will go into her [2:49:22] legislation. Um, but this is this is my [2:49:25] wish list um for the state of California [2:49:29] to combine the San Diego and Marin um [2:49:32] pilot age restrictions and don't wait [2:49:36] until the pilots are over and we have [2:49:37] data. Oh, that did that is one more [2:49:40] thing I want to talk about. Um, don't [2:49:41] wait on that because that's a long time. [2:49:45] And Diane Papin really seemed to get [2:49:47] that from just the look she was getting [2:49:49] from the council members in the audience [2:49:52] that we want the pilot now. And they and [2:49:55] they know um that we want these age [2:49:58] restrictions because they did try to get [2:49:59] it uh statewide. Um but anyway, [2:50:04] uh I would like to combine. So for class [2:50:07] one age 12 and up, class two age 16 and [2:50:11] up and uh class three is is already 16 [2:50:15] and up. So no changes. I would actually [2:50:18] like to outlaw tandem riding. I don't [2:50:20] care if your bike can or not. I I think [2:50:23] it's really unsafe. Um, I think they [2:50:26] need to add enforcement, uh, teeth for [2:50:29] the retailers, uh, and really look at [2:50:32] some national legislation with regard to [2:50:36] online retailers because a lot of these [2:50:37] bikes are bought online and you can put [2:50:39] them together in your garage. They're [2:50:41] not that hard to put together. Um, [2:50:43] because these bikes can be so easily [2:50:46] modified. and you you go online and you [2:50:50] can see that they say, "Oh, this this [2:50:52] one will go up to 45 miles per hour," [2:50:53] which is not legal, but they put it [2:50:55] online and they tell you how to how to [2:50:57] modify it. So, I think we really need [2:50:59] help also on the national level. Um, one [2:51:04] thing that um, in the discussion from [2:51:07] Diane Papin's uh, session, people were [2:51:10] talking about, you know, you're just [2:51:11] walking along or you're driving, all of [2:51:13] a sudden they're doing wheelies or [2:51:14] whatever, but also you don't hear them. [2:51:17] And remember when they made the when [2:51:19] Prius was the first electric car and [2:51:21] they made them make a noise because all [2:51:23] of a sudden it's upon you. They should [2:51:26] make a noise. So, uh, especially, you [2:51:28] know, you're walking along, you're you're older and all a sudden [2:51:31] there's this bike there. It could make [2:51:32] you fall. Um, so I think they should [2:51:35] make a noise. Um, [2:51:38] in some places, including the [2:51:40] Netherlands and New York City, they have [2:51:42] said ebikes should not be allowed to go [2:51:44] over 15 miles per hour. [2:51:47] I I think that's something that should [2:51:49] be considered. Um, they just can't go over. Again, ebikes are there. [2:51:54] It's it's fantastic to get up our hills, [2:51:56] but we need to just keep our kids safe [2:52:00] and our adults safe. Um, and um, with [2:52:04] regard to the modifications, [2:52:06] uh, I think that the state and national [2:52:10] can work through the app stores because [2:52:13] the app stores actually have to approve [2:52:15] your app before they'll sell it in the [2:52:17] store. So, there shouldn't be apps where [2:52:19] you can modify an ebike illegally. Uh so [2:52:22] I think that that there should be [2:52:23] legislation on that. Again, town of [2:52:25] Hillsboro really can't do that, but this [2:52:28] but we can advocate for it with our [2:52:30] representatives. Um and then oh the last [2:52:33] thing I just wanted to say uh with [2:52:35] regard to data, you had mentioned data [2:52:37] collection in the packet. Um it would be [2:52:41] helpful um if there is an accident if [2:52:46] to have data on what class they were [2:52:48] riding you know their age what class [2:52:50] they were riding um and as many details [2:52:54] as possible uh because there is some [2:52:57] push back from the Manetta Institute [2:53:00] report [2:53:01] basically said oh well cars are cars are [2:53:04] so much worse and um we really do need [2:53:07] the data and I know in Marin and they're working on UCSF is working on um [2:53:12] making sure that data is collected when [2:53:14] people end up in the hospital. But even [2:53:15] if there's a you know someone gets [2:53:18] really scraped up on the side and HBD is [2:53:20] there and helps them up, any data that [2:53:22] we can have I think would be really [2:53:24] helpful. And now I'm done with my [2:53:26] opinions. Thank you. Thank you for [2:53:27] indulging me. [2:53:28] >> Yeah. Thank Thank you, Vice Mayor [2:53:30] Rexale. Um any additional um comments [2:53:33] from the council? [2:53:35] Okay, Council Member Crowley. [2:53:38] Thank you, Madam Mayor. Thank Thank you [2:53:40] so much to the parents who are here and [2:53:42] um Naen, I think what Blake is doing is [2:53:45] incredible. Blake Taylor went to went to [2:53:48] school, went to Crocker with our kids [2:53:49] and and we have wonderful children, but [2:53:52] they're not neurosurgeons. So, thank [2:53:54] you. Um and and I hope that Ethan has [2:53:57] recovered. Um and I applaud that you are [2:54:00] out here trying to help other people [2:54:02] avoid what what he went through. Um, you [2:54:05] know, my initial thoughts about this [2:54:06] that I jotted down before listening to [2:54:08] public comment, um, was that if we, um, [2:54:12] try and craft some Hillsboro focused [2:54:15] legislation around this that it either [2:54:16] has to be bottom up from our residents [2:54:19] or top down from the state. And so here, [2:54:23] you know, we're hearing bottom up that [2:54:26] this is something our residents are [2:54:28] asking for. you know, um I don't know if [2:54:31] you've ever heard this as a physician, [2:54:32] but I have heard that physicians have [2:54:34] called motorcycles donor cycles because [2:54:37] so many of their organs when they do [2:54:40] organ um transplants come from uh [2:54:44] relatively young victims of motorcycle [2:54:47] accidents because on a motorcycle you're [2:54:49] not protected. There's no airbags around [2:54:51] you even with a a helmet. And the [2:54:53] thought of putting our children on a [2:54:56] motorcycle, which is essentially what [2:54:59] we're allowing to have happen, is [2:55:01] ludicrous. I mean, we're just, no matter [2:55:04] how much training we're giving them, [2:55:06] that's not going to mitigate the the [2:55:08] inherent danger of being on a vehicle [2:55:12] that goes very fast with no protection [2:55:15] around you. So, I think that a lot of [2:55:18] parents in Hillsboro would be relieved. [2:55:21] And I think some kids would be relieved [2:55:24] too. Remember we had that safety session [2:55:26] when you were police chief still Doug [2:55:28] and you sat down and talked to a couple [2:55:30] of kids or maybe you were our new city [2:55:32] manager at the time but just coming off [2:55:34] a police chief there are kids Crocker [2:55:36] kids who were asking um for us to get [2:55:38] the word out that these they were [2:55:40] worried about their peers riding on [2:55:42] this. So it seems to me a class one is [2:55:46] plenty. If it was up to me, it would be [2:55:48] a class one up to age 18, but I don't [2:55:51] know how much discretion we would have [2:55:54] around this. But, um, I'm really glad [2:55:57] that we're having this discussion and [2:55:59] really grateful for your advocacy. Uh, [2:56:01] you know, one of the things that I think [2:56:03] gives us more responsibility, [2:56:06] um, just as is the case with Marin, [2:56:08] we're an affluent community, so our [2:56:10] families can afford these at a greater [2:56:14] percentage among our youth than many [2:56:16] other communities. So, I think we really [2:56:19] do have a responsibility to be [2:56:22] aggressive and to lead the way on on [2:56:24] safety on this. Thank you. [2:56:26] >> Thank you. [2:56:27] >> Um, Council Member Adams. [2:56:30] Thank you, mayor. Uh, just three things. [2:56:34] First, do not discount the wonderful [2:56:36] comment about photos. When I saw your [2:56:39] presentation, Mandy, there was a picture [2:56:42] of some police officer lecturing to a [2:56:47] bunch of students who were sitting [2:56:48] there. It was all text. [2:56:52] This does not communicate doesn't [2:56:54] communicate to most humans, but [2:56:56] definitely not kids. So real pictures [2:57:01] are the story we need to tell number [2:57:03] one. So that was a great comment. Number [2:57:06] two, a police presence at commute hours [2:57:09] for the schools. Just a squad car, just [2:57:13] a presence might discourage some of this [2:57:17] as an idea. But third, I think you're [2:57:20] hearing that we're really committed to [2:57:23] doing something before we have to name [2:57:25] the law after the person who's gone. [2:57:28] We're not doing that. We want to do [2:57:31] something now. And I heard us ask or at [2:57:34] least I heard a nice offer from our city [2:57:39] attorney to give us the full menu of [2:57:42] things that we can do. Even if they're [2:57:46] incremental and small, we want to see [2:57:48] that menu. And that's a at least a a [2:57:52] start at showing our real seriousness [2:57:57] about this. [2:57:59] >> Thank you. Um any additional comments? [2:58:04] >> Just really quickly, I mean I think I [2:58:06] think that you speak volumes in the [2:58:07] audience regarding the incidents that [2:58:09] you experienced and I think you speak [2:58:11] volumes when you speak to other parents. [2:58:14] I think that is gradually now come to [2:58:17] all the family members and you know [2:58:19] adults or kids that ebike is a misnomer [2:58:24] uh is really a motorcycle uh in disguise [2:58:27] um because of the speed and because of [2:58:29] the throttle. So I do applaud that um [2:58:32] our police uh departments have been on [2:58:35] the forefront to do the outreach uh to [2:58:38] the students. U Crocker kids are perfect [2:58:41] age groups and maybe now we need to look [2:58:43] into you know fourth graders and fifth [2:58:45] graders because that that that that [2:58:47] whole group needs to have the [2:58:50] understanding and I think often times as [2:58:53] much as we're approaching this [2:58:55] multiprongs [2:58:57] with the regulations with the [2:58:59] legislators with the enforcement for [2:59:01] that matters I think the self-awareness [2:59:04] and then self sort of you know in terms [2:59:07] of the the group trying to you know [2:59:10] understand this better um so to keep [2:59:12] themselves safe is important so I also [2:59:15] applaud uh the chief to talk about the [2:59:18] future assembly where there's [2:59:20] opportunity for the Crocker students the [2:59:22] middle you know the fourth and fifth [2:59:24] graders come together and then to be [2:59:26] able to actually actually experience [2:59:28] what are the proper ways what are the [2:59:30] proper rules to keep themselves safe [2:59:33] when they use the the e- motor pets or [2:59:37] whatever that we want to name them. We [2:59:40] have to name them so that it's not going [2:59:42] to be a bicycle as we like to say but [2:59:46] need to understand that and then you [2:59:48] know multi-prongs approach with the [2:59:51] advocacy [2:59:53] with the education with the practice to [2:59:56] keep our community safe. So [2:59:58] >> thank you. Um the only thing I will add [3:00:01] is maybe staff could also including HPD [3:00:04] reach out to the all parents group to [3:00:06] expand the education to the parents [3:00:08] directly. I think APG um when parents [3:00:11] hear the stories like Nadine is talking [3:00:15] about as well as hear what's in the [3:00:17] pipeline and what can be done. Um just [3:00:20] being able to discuss with all the [3:00:22] parents who are many of the people on in [3:00:25] APG are very involved in the schools. [3:00:26] they want the best for all our students. [3:00:28] That would also be another platform we [3:00:30] can continue the education. So, we'll [3:00:32] work on bringing the information to the [3:00:34] all parents group as well. Um, no [3:00:37] additional comments and I will you have [3:00:40] a comment? [3:00:40] >> Yeah, one more quick one. I'm sorry. Um, [3:00:42] and uh vice mayor alluded to this. I [3:00:44] don't think it's a an eitheror issue [3:00:47] about promoting uh walking and bike [3:00:50] riding. It's a both and. We can promote [3:00:53] bike riding and keep it safe. Yeah. [3:00:56] Thank you. All right. So, um, thank you [3:00:59] for being here. Um, we hear you and [3:01:01] we're working aggressively with all the [3:01:03] stakeholders to move this issue. Um, and [3:01:06] keep continue to focus on the safety of [3:01:09] our students and our children. Thank you [3:01:10] so much. The next item, what public [3:01:13] comment, well, we already did public [3:01:15] comments and you guys are here. Nothing [3:01:16] on Zoom, correct? [3:01:19] >> That was correct. [3:01:20] >> Okay. Um, [3:01:23] oh, I'm sorry. It looks like someone [3:01:26] just um [3:01:27] >> It looks like Yeah, it looks like Mike [3:01:29] Swire just raised his hand. [3:01:31] >> Yes. And I don't mind. Yeah, let's let's [3:01:33] take that. We may have just missed it [3:01:34] because we were involved in our [3:01:36] discussion. Hello, Mike. [3:01:39] >> Yeah. Hi. Can you hear me? [3:01:40] >> Yes. [3:01:41] >> Awesome. Sorry, I I thought came in late [3:01:43] and I thought I missed it, but um yeah, [3:01:44] thanks for taking my my message. Um, I [3:01:47] didn't hear everything, but um, I do [3:01:49] want to applaud the council for being [3:01:51] proactive and trying to address [3:01:53] proactively um, street safety and [3:01:56] prevent um, crashes from happening. Um, [3:01:59] I've attended all the city council [3:02:01] meetings and all or sorry the um, the [3:02:03] legislator meetings and also we've [3:02:05] discussed this at the CCAG BPAC. Um, and [3:02:08] I just wanted to um reiterate that the [3:02:12] largest problem we face on our streets [3:02:15] is um is drivers hitting people on foot [3:02:18] and people on bike and that includes [3:02:20] people on ebike. And if you read the [3:02:22] Manetta Institute report, they show that [3:02:24] the majority of crashes, although the [3:02:26] data, as you said, is not perfect, uh, [3:02:28] involve drivers hitting kids on ebikes. [3:02:30] And there's a lot of reasons that [3:02:32] happens, including kids not knowing how [3:02:34] to control the machines. But um I do [3:02:37] find it a little frustrating. I'm not [3:02:39] talking about you because it's happening [3:02:40] everywhere that um we're spending so [3:02:42] much time and energy on um ebikes and so little on the larger problem um [3:02:50] of pedestrians and regular bicycle [3:02:52] riders uh dying on our streets. Um I've [3:02:55] talked to two different families in the [3:02:57] last two weeks um that have uh lost [3:03:00] loved ones. Uh uh one was a a 4-year-old [3:03:03] boy who died on a sidewalk in [3:03:05] Berlingame. The other was a 63-year-old [3:03:08] grandmother of 14 grandchildren who was [3:03:11] crossing El Camino and San Mateo and was [3:03:14] um uh run down while in the crosswalk. [3:03:17] Um these are uh fatalities. If you look [3:03:20] at nationwide, we have about 40,000 [3:03:22] people dying uh getting hit by cars or [3:03:26] in cars. Um, ebikes are rising, but it's [3:03:29] still only a couple hundred. That [3:03:30] doesn't mean we don't focus on it, but I [3:03:33] do think that we have to think and be [3:03:35] data uh driven and focus on where the [3:03:38] problem is because everything that we do [3:03:40] to make the street safer makes it safe [3:03:42] for all users, pedestrians, cyclists, [3:03:44] and ecyclists. And again, a lot of the [3:03:46] problems with ebikes is we don't have [3:03:49] safe places for kids to get around. One [3:03:52] of the things that these things one of [3:03:53] the reasons these things are so popular [3:03:55] is because it provides kids with a sense [3:03:57] of independence and they don't have to [3:03:59] rely on mom and dad to to get [3:04:01] everywhere. Um we need develops to [3:04:03] develop safe spaces for them to do so [3:04:06] hopefully on machines that don't go more [3:04:08] than 20 m an hour. Um but the problem [3:04:11] the larger problem that we face is uh [3:04:14] the streets are not safe and I applaud [3:04:15] the bike and pedmaster plan that we've [3:04:18] recently developed but my understanding [3:04:20] is there's no funding for for those [3:04:22] projects. I haven't heard of more [3:04:23] projects coming out of that. So in [3:04:26] conclusion I just uh in addition to this [3:04:28] energy that we have here I'd really [3:04:29] encourage you to focus on street safety [3:04:32] because it benefits all road users. Um [3:04:36] and uh I think that's where we're going [3:04:37] to get the most bang for the buck. [3:04:38] Thanks so much. [3:04:40] >> Thank you, Mr. Squire. Mr. Swire, those [3:04:42] are um great thoughts and and feedback. [3:04:44] Appreciate that. [3:04:46] >> Um ML, if I could just summarize the [3:04:48] council direction. Um just make sure [3:04:50] that I heard it appropriately. Um that [3:04:53] we the city manager's office will work [3:04:55] with the city attorney's office to [3:04:57] return with a menu of options for um [3:05:00] what ordinances or policies um the town [3:05:03] could take advantage of. Um, as part of [3:05:05] that report, we could con could include [3:05:07] some additional data collection or at [3:05:10] least information on what data is [3:05:12] collected um, now and moving forward and [3:05:15] then also some reports on additional [3:05:18] education and enforcement activities [3:05:21] that were summarized tonight. Does that [3:05:23] capture everything? [3:05:24] >> Um, as well as any feedback from the [3:05:26] state legislature between now and then. [3:05:28] Yes, I'm sure that that will certainly [3:05:31] guide us in terms of what we can enact [3:05:33] locally at this point. [3:05:35] >> Sure. Great. Thank you. [3:05:36] >> Okay. Thank you. [3:05:40] >> I just want to point out um and I do [3:05:42] applaud Supervisor Spear for doing the [3:05:44] town hall, but anything that the county [3:05:47] does only applies to unincorporated [3:05:49] regions of the county. It's up to every [3:05:51] city in the county to adopt their own [3:05:54] regulations. [3:05:55] >> Right. Unfortunately, that's sin. That's [3:06:00] Yeah. Um, so next item is um city [3:06:04] council items um which would would allow [3:06:06] us to comment on any activities we may [3:06:09] have been involved in as uh city council [3:06:11] members in the county or at large. [3:06:14] Starting with council member Adams. [3:06:18] >> Thank you very much. [3:06:20] Um, you'll notice pictures speak loudly [3:06:24] in my presentations. That's just my my [3:06:26] pitch for that. Uh, this is a winter [3:06:29] scene from my backyard January. What did [3:06:31] I do? Uh, for our council. Next slide. [3:06:35] Uh, met with the Hillsboro [3:06:37] Beautification Foundation. They are [3:06:39] planning their 2026 [3:06:42] uh calendar now, working on Celebrate [3:06:45] May. But I want to draw special [3:06:47] attention to the daffodils that are [3:06:49] poking up right now uh all over [3:06:51] Hillsboro thanks to Hillsboro [3:06:53] Beautification Foundation. Next slide. [3:06:58] Uh I am on the board for Rethink Waste. [3:07:02] And just as if you don't know how that [3:07:06] works, there are two parts, two [3:07:07] components to what Rethink Waste does. [3:07:10] It collects the garbage and then it [3:07:13] processes the waste. And those are done [3:07:15] by two different companies under [3:07:17] contract with rethink waste or in the [3:07:21] case of collection there it is done by [3:07:24] recology but with separate contracts [3:07:27] with 11 different cities or entities. So [3:07:31] rethink waste manages this relationship [3:07:34] but there are a variety of contracts. [3:07:37] Recology is currently in labor [3:07:39] negotiations with its collectors uh now [3:07:43] after the end of the previous seven-year [3:07:46] contract. So, we'll see how that works. [3:07:49] That is not something that Rethink Waste [3:07:51] is involved in those negotiations. That [3:07:55] is strictly with Recology and its [3:07:58] contracts. Uh I'm was pleased to see uh [3:08:03] new members of our board. Uh Jackie [3:08:05] Spear is part of the board now and Lisa [3:08:08] uh Diaz Nash is also a new member. Uh [3:08:13] and the new appointments have come out [3:08:15] and I've been appointed to the finance [3:08:17] committee in addition to the outreach [3:08:18] and education. Next, [3:08:23] uh, council duties and meetings, uh, [3:08:28] working on the subcommittee of Tobin [3:08:31] Clark, committee ordinances, [3:08:33] telecommunications, and undergrounding [3:08:35] utilities. I just have to compliment our [3:08:38] assistant city manager, Mandy Brown, has [3:08:40] done just a wonderful job on working on [3:08:43] that. But as commissioner of public [3:08:46] works, I want to do a special shout out [3:08:48] to public works uh for some of the night [3:08:52] work that they get to do during this [3:08:54] season and do so quietly and [3:08:56] efficiently. Next slide. [3:09:00] Uh leadership council San Mateo. Uh this [3:09:03] was a day in Halfoon Bay to visit NOS's [3:09:08] which is just so inspiring. Uh this is [3:09:11] the uh Half Moon Bay Library which has a [3:09:15] community space which is just wonderful. [3:09:18] Um but mostly we walked from there to [3:09:21] the wonderful places that are helping [3:09:24] our citizens in San Monteo County uh [3:09:28] with all of their variety of needs at [3:09:30] the moment. Next [3:09:34] and again a winter sky in the morning. I [3:09:38] just after a year uh want to thank the [3:09:42] town of Hillsboro for this opportunity [3:09:43] to serve. And also I want to thank my [3:09:47] fellow fella, my girly uh council [3:09:53] members [3:09:54] uh for being such great colleagues, but [3:09:57] I wanted to take a moment to acknowledge [3:10:00] that anniversary for me. Thank you. [3:10:03] >> Thank you, Council Member Adams. I think [3:10:06] I could speak for all of us. So, we feel [3:10:08] the same. Um, council member Trunk. [3:10:13] No, no, no slide deck. Um, I attended [3:10:16] the emergency service council on behalf [3:10:19] of town of Hillsboro and I also attended [3:10:22] uh Sam Trans. [3:10:24] Um, so both um actually both agency uh [3:10:31] focus on human trafficking. um this this [3:10:35] year actually I think that it's because [3:10:39] of the Super Bowl this past week, FIFA [3:10:44] uh in this whole year um and just the [3:10:48] various activities I think that just [3:10:50] brought to the forefront in terms of the [3:10:52] human trafficking um awareness [3:10:55] announcement [3:10:57] um you know training their staff to [3:10:59] notice the uh uh the the situations and [3:11:04] to be able to report it and and render [3:11:07] helps. Um so it was critical. Um and I [3:11:11] also want to applaud uh the emergency [3:11:13] service council for um uh activating the [3:11:18] uh emergency um uh IO IC. I think that [3:11:24] that's what they're doing um for the [3:11:26] week of uh the Super Bowl um focusing on [3:11:30] the safety of Cal Train and um our [3:11:33] former chief uh Nelson Cordaway was uh [3:11:36] very much involved in that and so it was [3:11:39] um really nice to know that you know it [3:11:43] we're in good hands um that they were [3:11:45] really paying attention uh to that. Um [3:11:48] the other thing that I want to mention [3:11:50] is that um Sam trans I mentioned last month that uh Sam Tran is [3:11:55] celebrating its 50th anniversary um or [3:11:58] birthday for that matters. It started [3:12:00] July of 1976. [3:12:03] So there are going to be events that is [3:12:05] coming into place namely uh on September [3:12:08] 1st there will be riding the buses for [3:12:10] 25 cents kicking back to the 76. Yes. [3:12:14] And then the other thing is um on the [3:12:17] 26th of September there will be a uh [3:12:21] more of a a festive events um at their [3:12:25] new headquarters in Milbury. Um so that [3:12:27] would be really exciting. Um the other [3:12:30] thing that I want to mention is that for [3:12:31] people who are interested in riding um [3:12:36] buses, Cal trains, there are Clipper [3:12:39] cards. you now will be able to use it [3:12:41] and you can have a app to use that and I [3:12:44] think that is really helpful. Um then [3:12:47] you can add money to it. It's [3:12:49] counterless and then you can you know [3:12:51] hop on the train, get onto the bar, hop [3:12:54] onto the bus and it's seamless. So [3:12:58] hopefully more more and more people will [3:13:00] get out of the ebike and use um the [3:13:03] public transit um to go to places. So [3:13:06] that's the end of my support. Oh, and [3:13:10] um H&N's um speaker series [3:13:14] um Wednesday, this Wednesday, Nove uh [3:13:17] not November, I'm sorry, uh February [3:13:21] 11th. I know. Uh please do come. We have [3:13:25] up to 65 RSVP right now and we have more [3:13:30] rooms uh for people to come and please [3:13:34] come and and hear the speakers. As our [3:13:36] city manager says, she speaks from her [3:13:39] own experience as to what works and what [3:13:42] not. And I think it's it's going to be a [3:13:44] really heartfelt discussion. So, please [3:13:47] make time to come 6:30 to 8. [3:13:52] >> Thank you, Council Member Chuang. I'll [3:13:53] go slightly out of order. Um, [3:13:56] Vice Mayor Rexdale, [3:14:03] » I have a a few visuals. Um, okay. Next [3:14:06] slide. [3:14:08] Uh, ebikes. You've heard enough from me [3:14:10] on ebikes, so I won't go into it. Um, I [3:14:13] attended two, uh, webinars, uh, [3:14:16] sustainable San Monteo County put on. [3:14:18] They focus on a different issue every [3:14:20] year, and this year is plant-based food [3:14:23] policies. Um, and as you know, I'm a [3:14:26] vegetarian. I'm not going to impose that [3:14:28] on everyone. Don't worry. But it is [3:14:30] interesting to learn to learn about [3:14:33] there are options especially for big [3:14:34] towns. West Hollywood where my daughter [3:14:37] lives um they have for any town event it [3:14:42] plant-based is the first option for [3:14:45] food. So it's a subtle way to go but [3:14:47] again I'm not going to impose it on [3:14:49] people. um uh the ad hoc ordinance [3:14:53] committee. We had a great meeting um [3:14:56] working with um assistant city manager [3:15:00] or assistant city attorney Mark Hudach [3:15:03] and um council member Adams and we um [3:15:06] will be coming back before the council [3:15:08] before long. Next slide. [3:15:14] uh Peninsula Clean Energy, you've [3:15:16] probably you guys all read the E-News, [3:15:18] but um PG Gene rates went down. It's a [3:15:22] little complicated, but PG& rates went [3:15:24] down and so Peninsula Clean Energy, we [3:15:27] voted to also to change our rates um so [3:15:31] we would continue the 10% discount um [3:15:35] for now to um it's not only clean, but [3:15:38] it's also a savings from PG&'s um [3:15:41] electricity. Uh they officially signed [3:15:44] the lease for their new location. I've [3:15:46] mentioned the new location a couple of [3:15:48] times, but it's in downtown San Monteo. [3:15:50] They're hoping to move in in October. Um [3:15:53] I joined the legislative committee, [3:15:55] which I'm so excited about. Um there was [3:15:58] a quorum issue because I'm on the [3:16:00] executive committee and and one of the [3:16:02] people on the executive committee uh [3:16:04] decided he could he could go off and I [3:16:06] got to join. So I'm very excited. Um and [3:16:09] for um Bosa um I'm now the chair of the [3:16:13] board policy committee. So very very [3:16:16] exciting. Uh next slide. Um oh um the I [3:16:21] did the homelessness count which is [3:16:23] super easy. I I know that you've done it [3:16:25] before. You guys have probably all done [3:16:26] it before. Um getting up reporting there [3:16:29] at 5 in the morning is hard because you [3:16:31] really don't sleep because you're [3:16:32] worried you won't wake up. Um but it was [3:16:35] super easy. The hardest thing was how [3:16:37] old I felt because this pregnant young [3:16:39] woman was my daughter's best friend [3:16:42] since kindergarten and uh she's one of [3:16:44] the people in charge of it. So, um Loi [3:16:46] Saba, she's fantastic. Um anyway, um I [3:16:49] do recommend it. It was it was super [3:16:52] easy and they train you really well. Uh [3:16:54] next slide. [3:16:58] Um oh, again, ebikes. Sorry. [3:17:02] Um, but this was just one of the slides [3:17:04] from our amazing uh, youth commission [3:17:07] chair Anya Dal and she just brought such [3:17:10] a unique perspective and talking about [3:17:13] picture being worth a thousand words. [3:17:14] This video contest I think is really [3:17:16] going to be fantastic and she's offering [3:17:18] a $500 prize. So that's um you know [3:17:22] people will enter and um you just just [3:17:25] think about scared straight and all the [3:17:26] things that that um we learned when we [3:17:29] um learned how to drive a car. I think [3:17:31] this is going to be helpful. And I think [3:17:33] that might be it. [3:17:36] >> Okay. Thank you, Vice Mayor Rexdale. And [3:17:38] I will um go next and I will have uh [3:17:41] Council Member Cruic go after me. Um I [3:17:44] don't really have much to uh report. [3:17:46] Thanks to all of you. Um, and I did meet [3:17:50] with several residents on issues [3:17:52] pertaining to town that the staff is [3:17:55] working very hard to help us address, [3:17:56] but otherwise um the town continues to [3:17:59] work very hard to uh keep things fur, [3:18:02] keep the town working in perfect [3:18:04] condition as best as as possible. So, [3:18:06] I'm actually going to um uh before we [3:18:09] adjourn final adjournment, council [3:18:11] member Crowley has asked me that we [3:18:12] adjourn the meeting in honor of the [3:18:14] memory of someone special to her that [3:18:16] has passed recently. So, I I will ask [3:18:19] her to provide comments at this time. [3:18:22] Thank you. Thank you, Madam Mayor. I [3:18:24] just have two activities to report on. [3:18:26] First, we had ADRB on January 26th um [3:18:30] where we went over uh design review [3:18:34] guidelines. um they are design we're [3:18:37] looking at those and they will come [3:18:39] before council I think um as part of a [3:18:41] transparent process for fairness and [3:18:43] consistency in those and then s uh San [3:18:47] Francisco airport noise roundt the uh [3:18:50] technical working group is working on [3:18:52] the fly quiet program and um and the [3:18:56] airport director reported that 2025 [3:18:59] uh number of passengers is almost back [3:19:01] to 2019 levels um and Whimo has a pilot [3:19:05] programmed to SFO they are dropping off [3:19:07] and picking up in the rental car area. [3:19:10] Um but now for my um personal note and I [3:19:13] do want to thank the mayor for allowing [3:19:14] me to pay tribute to a close friend of [3:19:17] mine of over 50 years. We met when uh I [3:19:22] was 12 years old. She was the new girl [3:19:23] in the school. We became fast friends. [3:19:25] She spent her life in my hometown of [3:19:27] Doylesstown, Pennsylvania and was [3:19:29] essentially a member of my family. My [3:19:31] father considered her another daughter [3:19:33] and she was like a sister to me. Um but [3:19:36] more importantly she was a dedicated, [3:19:39] creative and beloved elementary school [3:19:41] teacher for almost 40 years making a [3:19:44] positive impact on over a thousand [3:19:46] students. Um she passed away in January [3:19:50] at the age of 69 from cancer and left [3:19:53] behind her wonderful husband and there's [3:19:55] those three spectacular daughters. Um, [3:19:59] so I uh respectfully request that we [3:20:02] adjourn tonight in honor of my dear [3:20:03] friend Claire Hennean. [3:20:09] Oh, deepest sympathy. [3:20:12] With that said, this meeting is now [3:20:13] adjourned.