Agenda — Hillsborough City Council, May 8, 2023 (part 1 of 3)

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

A G E N D A
MONDAY, MAY 8, 2023
3:00 PM STUDY SESSION
4:00 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
Meetings of the City Council are held in-person. As a courtesy, and in compliance with applicable state law, staff and members of the public may participate in the meeting in person at Town Hall or virtually via Zoom Video Conference.

To attend the meeting in person:
1600 Floribunda Avenue, Hillsborough, CA 94010.

To provide Public Comment in person:

Members of the public wishing to speak are requested to complete a yellow speaker card and submit it to the City Clerk.

To participate in the meeting via Zoom Video Conference:
• Log in to the meeting at https://us06web.zoom.us/j/86577022616?pwd=MW1FMGtzNWdkQ2c4UnFWR29hc2l2UT09 • Dial-in via phone:
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Meeting ID: 865 7702 2616
Passcode: 713878
To provide Public Comment via Zoom Video Conference:

Live verbal public comments may be made by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the close of the public comment period for the item. In response, the Town will unmute the speaker and allow them to speak up to three minutes.

STUDY SESSION (3:00 pm)

CALL TO ORDER

ROLL CALL
Agenda – Hillsborough City Council
Monday, May 8, 2023

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A. STUDY SESSION ON FY 2023-24 PROPOSED BUDGET AND SCHEDULE OF FEES AND

CHARGES

ADJOURN STUDY SESSION
CLOSED SESSION (4:00 pm)

CALL TO ORDER

ROLL CALL

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

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

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

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

San Mateo Superior Court Case No. 22-CIV-03845
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Eric Noeth and Maya Noeth v. Town of Hillsborough
San Mateo Superior Court Case No. 22-CIV-05243
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant – Two Potential Cases (see legal threat documents in agenda packet) D. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957
Title: City Manager

ADJOURN CLOSED SESSION
REGULAR CITY COUNCIL MEETING (6:00 pm)
I. CALL TO ORDER
II. ROLL CALL
Agenda – Hillsborough City Council
Monday, May 8, 2023

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III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. MINUTES: April 10, 2023, April 17, 2023 and April 26, 2023 Special Meetings VI. PROCLAMATIONS
• MAY AS MENTAL HEALTH MONTH
• MAY AS JEWISH AMERICAN HERITAGE MONTH
• MAY AS ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH • NATIONAL PUBLIC WORKS WEEK
VII. PRESENTATION
• MAYOR'S APPLAUSE
VIII. PUBLIC COMMENT I
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

Members of the public participating in person are requested to complete a yellow speaker card and submit it to the City Clerk before addressing the City Council. Members of the public may provide comments via the Zoom platform by using the “raise hand” feature or, if calling in by phone, by pressing *9 on the telephone keypad. In response, the Town will unmute the speaker and allow them to speak on any topic for up to three minutes. If there appears to be a large number of speakers, speaking time may be reduced to no less than 2 minutes, at the discretion of the Mayor. Members of the public are limited to one comment at this time. State law prohibits the Council from discussing or acting on non-agenda items, and generally limits the ability of the Council to respond to any public comments made regarding non-agenda items.

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

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

1. MONTHLY CLAIMS: APRIL 1 THROUGH APRIL 30, 2023 PURSUANT TO CEQA GUIDELINE 15378

2. RESOLUTION APPROVING THE TOWN OF HILLSBOROUGH’S UNCLAIMED FUNDS POLICY PURSUANT TO CEQA GUIDELINE 15378

3. RESOLUTION PROVIDING FOR INTERIM MODIFICATIONS TO THE BUSINESS LICENSE TAX PURSUANT TO CEQA GUIDELINE 15378
Agenda – Hillsborough City Council
Monday, May 8, 2023

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4. RESOLUTION SETTING THE AMOUNT OF THE SPECIAL TAX FOR POLICE

PROTECTION AND FIRE PROTECTION AND PREVENTION FOR FISCAL YEAR 2023-24 PURSUANT TO CEQA GUIDELINE 15378

5. RESOLUTION AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT TOWN HALL

TO COMMEMORATE LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) PRIDE MONTH PURSUANT TO CEQA GUIDELINE 15378

6. RESOLUTION AUTHORIZING THE TOWN HALL LIGHTING SCHEDULE FOR THE REMAINDER OF 2023 TO COMMEMORATE EVENTS, PURSUANT TO CEQA GUIDELINE 15378

7. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WESLEY CONSTRUCTION INC. TO REMODEL

WATER DAMAGED AREAS OF THE POLICE DEPARTMENT BUILDING IN THE AMOUNT OF $239,000.00 PURSUANT TO CEQA GUIDELINE 15301

8. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A TWO-YEAR CONTRACT WITH CHARLES ELECTRIC AND CALIFORNIA

ELECTRIC COMPANY FOR ON-CALL ELECTRICAL SERVICES FOR A TOTAL NET NOT-TO-EXCEED AMOUNT OF $90,000 PURSUANT TO CEQA GUIDELINE 15301

9. APPROVE THE ANNUAL “MILITARY EQUIPMENT” REPORT AND RENEW ORDINANCE NO. 785 REGARDING A MILITARY EQUIPMENT POLICY PURSUANT TO CEQA GUIDELINE 15061(B)(3)
XI. PUBLIC HEARING

10. PUBLIC HEARING TO CONSIDER AND ADOPT RESOLUTION AMENDING RESOLUTION NO. 23-23 TO APPROVE COMCAST’S PERMIT APPLICATIONS TO:
(A) RELOCATE TWO (2) NEW BATTERY CABINETS (UTILITY OUTDOOR FIXTURES) FROM 1020 CRYSTAL SPRINGS ROAD TO 1040 CRYSTAL SPRINGS ROAD; AND (B) INSTALL TWO (2) NEW BATTERY CABINETS (UTILITY OUTDOOR FIXTURES) AT 1025 VISTA ROAD, AND GRANTING COMCAST’S REQUEST FOR AN EXCEPTION TO POLICY NO. 19-01 FOR THE INSTALLATIONS, PURSUANT TO CEQA GUIDELINE 15303

11. RESOLUTION SETTING AND CONFIRMING THE FEES AND CHARGES FOR FISCAL YEAR 2023-24 AND RESOLUTION AUTHORIZING WATER AND SEWER CONNECTION FEES EFFECTIVE JULY 1, 2023 PURSUANT TO CEQA GUIDELINE 15378
XII. OLD BUSINESS

12. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF REVENUE REFUNDING BONDS, SERIES 2023 (WATER AND SEWER PROJECTS) TO

REFINANCE OUTSTANDING BONDS, AUTHORIZING EXECUTION OF INDENTURE Agenda – Hillsborough City Council
Monday, May 8, 2023

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OF TRUST, AND AUTHORIZING EXECUTION OF AND APPROVING RELATED AGREEMENTS AND OFFICIAL ACTIONS PURSUANT TO CEQA GUIDELINE 15378

13. RESOLUTION ADOPTING THE 2023 SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378

14. DISCUSS AND CONFIRM DIRECTION ON TOBIN CLARK WALKING TRAIL XIII. NEW BUSINESS

15. RESOLUTION AUTHORIZING SEWER SERVICE CHARGES EFFECTIVE JULY 1, 2023 PURSUANT TO CEQA GUIDELINE 15378

16. APPOINTMENT OF DOUG DAVIS AS INTERIM CITY MANAGER PURSUANT TO CEQA GUIDELINE 15378

17. DISCUSS AND PROVIDE DIRECTION ON CITY MANAGER RECRUITMENT PURSUANT TO CEQA GUIDELINE 15378
XIV. INFORMATIONAL

18. ACTING CITY MANAGER'S UPDATE
XV. PUBLIC COMMENT II
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

XVI. CITY COUNCIL ITEMS
This section of the agenda provides the City Council an opportunity to ask questions on any project of interest. No action can be taken on any item not on the agenda.

XVII. ADJOURNMENT
SPECIAL ACCOMMODATIONS:

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

ADDRESSING THE CITY COUNCIL:

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

Agenda – Hillsborough City Council
Monday, May 8, 2023

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AUDIO / VISUAL ADVISORY:

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

AUDIO OR VIDEO RECORDINGS:

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

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
A

STUDY SESSION

CITY COUNCIL MEETING
MAY 08, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: STUDY SESSION: FY 2023-24 PROPOSED BUDGET AND SCHEDULE OF

FEES AND CHARGES
SUMMARY: Town staff will conduct a study session to review the FY 2023-24 Proposed Budget and Fees and Charges. This is a study session, and no action is required.

OVERVIEW
The Town’s Proposed Operating and Capital Budget for Fiscal Year (FY) 2023-24 budget appropriations are $76.6 million for all funds, an increase of 9% as compared to the FY 2022-23 projection. The increase is primarily due to an increase in capital project spending.

The Proposed Budget complies with the Town’s policies and guidelines. In addition, the General Fund, Water and Sewer Enterprise Funds and the Asset Replacement Fund reserves comply with Town reserve policies and debt covenants.

A key factor in setting the FY 2023-24 budget is the stability of the property tax assessment roll.

Property tax, the Town’s largest General Fund revenue source, is projected to grow 5.4% based on the FY 2023-24 tax assessment roll. Motor Vehicle License Fees In-Lieu (MVLF) revenue has some risk to revenues in FY 2023-24 and has been budgeted conservatively for this reason.

The City Council goal setting session identified and prioritized the goals for the coming year. Many of the goals are long-term projects that are continuing from FY 2022-23. In FY 2023-24, the Town will have a major focus on the General Plan and Housing Element implementation.

The Financial Advisory Committee (FAC) met on April 25, 2023 to review the proposed budget and fee schedule and recommended approval. Following publication of the proposed budget for review at the FAC meeting, minor edits have been made and the current version is available at https://www.hillsborough.net/ArchiveCenter/ViewFile/Item/1629.

GENERAL FUND
The General Fund is the main fund and accounts for the direct services that the Town provides to its citizens. The General Fund budget includes funding for such key services as public safety, recreation through the Hillsborough Recreation, building and planning services, general government, and contribution to the libraries in Burlingame and San Mateo for Hillsborough residents to use.

The FY 2023-24 General Fund expenditures net of transfers is $32 million ($35 million including transfers), an increase of $1.8 million (6%) over the FY 2022-23 projection. The increase is -1-
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May 8, 2023

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primarily due to increases in salaries and CalPERS costs, three new headcount additions in the Planning and Building and Department, the contribution to Central County Fire Department JPA and one-time funding for projects. FY 2023-24 General Fund revenues are projected to be $34.5 million, a $1.2 million (3.7%) increase, primarily from property taxes.

The FY 2023-24 General Fund proposed budget reflects a net draw on General Fund reserves of $0.5 million.

GENERAL FUND RESERVE
The FY 2023-24 Proposed Budget reflects a $29.4 million General Fund reserve that is maintained for contingencies per policy and other programs. To balance the financial picture, the Town also has long-term pension liabilities of $18.5 million and other post-employment benefits liability of $8.4 million.

The Town’s General Fund Reserve Policy states that a minimum of 30% with a goal of 50% of expenditures should be reserved for contingencies such as a natural disaster, economic downturn, state revenue takeaways, pandemic, or other significant fiscal impact. The General Fund Reserve components comprising the total of $29.4 million are as follows. The contingency reserve is projected to total $17.5 million in the FY 2023-24 budget. • Contingency reserve at policy level – 30% minimum reserve – $10.5 million. • Contingency reserve at policy level – 50% goal reserve – $7.0 million. • Restricted reserve- Section 115 pension trust held to mitigate future budget impact for cost of pension liabilities - $5.0 million.
• Assigned for capital – storm drain/sewer infrastructure - $5.9 million. • Assigned for tree replacement – $0.4 million.
• Others – held in reserve for projects, pay down liabilities, future capital reserve, as needed - $0.6 million.

WATER AND SEWER ENTERPRISE FUNDS
The Water and Sewer Enterprise Funds are funded primarily from user rates and reserves.

Water Fund
The FY 2023-24 Water Fund revenue is projected at $15.4 million, a $1.1 million (8.1%) increase over FY 2022-23 attributable to an average 6% rate increase effective January 1, 2024. The Town monitors water revenue throughout the year.

The Water Fund expenses net of transfers are $18.6 million, a $0.13 million (1%) increase over the FY 2022-23 projection. The budget reflects water usage at a similar level as FY 2022-23 and a SFPUC wholesale water rate increase of 9.6% for FY 2023-24 ($5.21 v. $4.75 per ccf.). The expense increase is primarily attributable to increases in cost-of-living salary and benefits, SFPUC rate increase, asset replacement reserve contribution and capital improvements.

The proposed budget Water Fund shows a draw on reserves of $3.2 million attributable to timing of capital projects.

Sewer Fund
The FY 2023-24 Sewer Fund revenue is projected at $15.9 million ($17.7 million including transfers in), a $0.6 million (4.1%) increase over the FY 2022-23 projection. A proposed 4% rate -2-
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May 08, 2023

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increase is effective July 1, 2023 as outlined in the adopted five-year rate sewer rate series. The non-operating revenue is projected at $1.8 million for a General Fund transfer for storm drain capital funding.

The FY 2023-24 Sewer Fund expense net of transfers is $18.3 million ($18.7 million including transfers), a $0.8 million (4.2%) decrease over the FY 2022-23 projection, primarily due to a onetime initial payment on the San Mateo Clean Water agreement offset by increases in cost-of-living for salaries, benefits, and capital projects.

The proposed Sewer Fund budget reflects a net draw of $1.0 million in reserves, primarily attributable to timing of capital improvements. This is consistent with the adopted sewer rate study findings whereby the reserves will be drawn upon in the early years and hit target level by year five of the rate series.

FY 2023-24 CAPITAL PLAN
The FY 2023-24 Proposed Budget funds $17.9 million in capital improvement projects (CIP) and $2.4 million in asset replacements and transfers to the Capital Fund that will be used to improve infrastructure and maintain the Town’s assets.

Storm Drains - Storm drain replacements will improve system dependability in wet weather conditions.

Water Main Replacement - Aging water pipes will be replaced to improve longevity, water quality, water pressure to meet fire flow requirements and earthquake resistance.

Darrell Station Pump Line – Rehabilitate or replace the line from the pump station to the Darrell Tank.

High Line Water Connection - Included in the Five-Year CIP Plan is the High Line Water Connection project totaling $5.9 million. This high priority project will provide a reliable, costeffective water line at a higher elevation tied to the Harry Tracy plant and will protect health and safety in a natural disaster. In FY 2023-24, the project is in its initial stage. Funding of the project is under review. The Town applied for a Federal BRIC grant and is awaiting approval. The project will include contributions from partner cities and could be debt funded.

Sewer Priority Basins - Sewer system improvements will reduce overflows and improve the longevity of the pipes. Priority Basin replacement is also essential for the sewer system to mitigate sewer system overflows.

Technology - Technology and software upgrades will improve and the delivery of services to residents.

Facilities - The budget funds maintenance of the police building and fire stations.

Vehicles/Equipment - Vehicles and equipment that are deteriorating, have exceeded their useful service life, and/or have high maintenance costs will be replaced. In FY 2023-24, three police vehicles, a vactor jet truck, and two other trucks are budgeted for replacement. -3-
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FEES AND CHARGES
The Town of Hillsborough provides the community with a wide variety of municipal services, including, but not limited to, police and fire protection, water delivery, wastewater collection, street maintenance, storm drainage, planning and development services, and building inspection services. General-purpose revenues, such as property taxes, are used to fund community-wide services such as police protection. User fees are used to cover the cost of providing services that have special benefit to an individual or group such as a planning application, building permit or encroachment permit associated with personal projects/property.

The Town updates the fees and charges every few years. Most fees and charges were last updated in FY 2021-22 and will now see the same type of updates for proposed FY 2023-24.

The proposed fees are intended to provide full cost recovery for the services rendered. However, the City Council may waive fees to subsidize and/or provide incentives to promote certain activities, provided those subsidies or incentives are funded with unrestricted revenue.

New Fees
There are three new proposed fees for FY 2023-24.

1. Public Works- Sewer Video Review- $376: Fee for cost recovery for Public Works inspector to review, report, coordinate and process private sewer lateral videos submitted through Forward Lateral.

2. Public Works- Water Meter Upgrade- Short Service upgrade to 1 inch- $8,916: Fee for cost recovery for Water department staff to excavate, install a service connection and 1 inch water meter, backfill trench and repave roadway for a water service coming from Town water main. This fee is used for a water service directly over or near the main.

3. Public Works- Water Meter Upgrade- Long Service upgrade to 1 inch- $19,747: Fee for cost recovery for Water department staff to excavate, install a service connection and 1 inch water meter, backfill trench and repave roadway for a water service coming from Town water main. This fee is used for a water service that requires trenching across the roadway to connect to the main.

Changes to Existing Fees
Fees are increasing for Police, Planning, Building, Engineering and Public Works Special Services.

Many of these fees have not been updated since FY 2021-22, despite labor rate increases incurred by the Town. Some fees are decreasing due to efficiencies. The combination of updated labor rates, reassessed scope of work and improved efficiencies has all contributed to the proposed rates. Fees with significant increases proposed for consideration reflect rare and unique circumstances and involve significant staff or consultant time. Updating the labor rates will ensure full cost recovery for the services performed by staff.

In the Planning fees section, there are only three changes to existing fees, which are the Appeal of ADRB decision, Appeal of Administrative Determination and Accessory Dwelling Unit Recordation fee. The other Planning fees will be reviewed in the next fee update cycle once staffing models/processes are finalized.
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Deleted Fees
A few fees from the Police department have been discontinued, as the service is no longer provided or relevant, or the costs are captured in another fee.

Sewer and Water Rates
Sewer and water rates are presented on the Schedule of Fees and Charges at the maximum allowable rates as adopted for the five-year sewer and water rate series. These rates are separately reviewed and adopted by resolution each year for implementation on July 1 for sewer rates and January 1 for water rates. The rates that are currently in effect remain until reviewed and adopted by resolution.

Water and sewer connection fees are annually adjusted based on the Engineering News Record Construction Cost 20-City Average Index (ENR-CCI), which was 1.7%. Proposed connection fees on July 1, 2023, are $17,871.00 for water and $17,391.00 for sewer.

Fire Fees - Central County Fire Department
The Town’s Master Fee Schedule includes fees administered by the Central County Fire Department (CCFD) to Town customers so they can see all costs for their project. Examples of CCFD fees are care facilities inspections, re-inspections, construction, sprinkler systems, permitting and standby fire services. The customer pays all fees directly to CCFD and are not imposed by the Town. The FY 2023-24 CCFD fee schedule was approved by the CCFD Board on April 12, 2023.

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

ENVIRONMENTAL ISSUES: The consideration of this item is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guideline 15378(b) as a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact, or as an administrative activity that will not result in direct or indirect physical changes in the environment. Any items or projects funded through the budget are not a commitment to any project, but instead, any such projects will undergo their own analysis and potential approval in the future.

ATTACHMENTS:

1. FY 2023-24 Proposed Budget: https://www.hillsborough.net/ArchiveCenter/ViewFile/Item/1629

2. Proposed Schedule of Fees and Charges:
https://www.hillsborough.net/ArchiveCenter/ViewFile/Item/1629#page=275 PREPARED BY: Jan Cooke, Acting City Manager
RECOMMENDATION: City Council to provide any feedback to staff in preparation for the public hearing on the FY 2023-24 Proposed Budget and Schedule of Fees and Charges. -5-

W I L L I A M L. M c C L U R E
J O H N L. F L E G E L
D A N K. S I E G E L
J E N N I F E R H. F R I E D M A N
M I N D I E S. R O M A N O W S K Y
L E I G H F. P R I N C E
D A V I D L. A C H
G R E G O R Y K. K L I N G S P O R N
N I C O L A S A. F L E G E L
K R I S T I N A A. FENT O N
C A R A E. SILVER
KIMBERLY J. BRUMMER
C A M A S J . S T E I N M E T Z
PHILIP S. SOU S A
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B R I T T N E Y L. S T A N D L E Y
C H R I S T I A N D. P E T R A N G E L O
J O S E P H H. F E L D M A N
JORGENSON, SIEGEL, McCLURE & FLEGEL, LLP

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O F C O U N S E L

KENT MITCHELL
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J O H N D. J O R G E N S O N
MARGARET A. SLOAN
D I A N E S. G R E E N B E R G
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VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
& VIA ELECTRONIC MAIL: [email protected]
Lisa Natusch
City Clerk
Town of Hillsborough
1600 Floribunda Ave.

Hillsborough, CA 94010
Re: Claim of Joseph Pfeister and Maricar Pacquing / Failing Infrastructure at 2095 Ralston Ave
Dear Madam Clerk:

This firm has been retained by Joseph Pfeister and Maricar Pacquing regarding the above-referenced Claim. As you are aware, our clients last year informed the Town of Hillsborough (“Town”) of the failure of a portion of the Town’s retaining wall that in part supports the bridge that is our clients’ sole access to their property. By your letter of November 30, 2022, the Town of Hillsborough (“Town”) rejected the claim .

Since the Claim was filed, water that flowed from Ralston Avenue significantly damaged our clients’ property. They have also discovered additional evidence supporting their claim that the failed retaining wall, and the damage from the water directed onto their property, is the Town’s responsibility. For example, contrary to the Town’s position that the only affected structures are private property, that would not excuse the Town’s failure (or refusal) to maintain public infrastructure. The historical plans for the construction of the bridge were filed in 1957 and reflect that the subject retaining wall was pre-existing, and that it pre-existed any development of our clients’ property. Our clients have filed Public Records Act requests seeking any documents that support the Town’s position, only to be told that no such documents exist.

The Town’s failure to maintain records establishing that the improvements were private or public does not support a conclusion that the failed infrastructure is not the Town’s responsibility; rather, it supports the contrary conclusion.

CLOSED SESSION ITEM C

ONE OF TWO POTENTIAL CASES
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Lisa Natusch, City Clerk
March 10, 2023

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Our clients have no choice but to move forward with emergency repairs to the bridge and thus the retaining wall that supports it – without the bridge, they have no access to their property. They have been coordinating with the Town throughout this process and intend to continue to do so.

However, by this letter, Mr. Pfeister and Dr. Pacquing hereby place the Town on notice that they consider the Town’s position that the retaining wall is not part of the Town’s utility infrastructure to be incorrect; and that they hold the Town responsible for the repair and maintenance of the retaining wall and associated structures. It is our intent to file a timely action to enforce the Town’s obligations if this matter is not resolved to their satisfaction.

We hope that this will not be necessary, and to that end I invite the Town to contact me at its earliest opportunity to discuss potential resolutions and potentially a tolling agreement to avoid having to file legal action while those discussions are ongoing. I look forward to further dialog.

Very truly yours,
Gregory K Klingsporn
Cc: Ann E. Ritzma, City Manager (email: [email protected]) Christopher Diaz, City Attorney (email: [email protected]) -8-

CLOSED SESSION ITEM C

SECOND OF TWO POTENTIAL CASES
Legal Threat Document for Justification
I am memorializing my conversation with an attorney, who called me regarding a resident located at 100 Stonehedge Road, Hillsborough and his discussions with her. The attorney wanted to open discussions regarding claims that may exist on behalf of the resident due to the Town’s issuance of a permit for development of neighboring property located at 118 Baywood Avenue, Hillsborough and damages she may have incurred resulting therefrom. The attorney indicated that he would like to settle this matter before a formal lawsuit is filed and would like the opportunity to discuss in a mediation type format for now.

Al Royse
Councilmember
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UNAPPROVED MINUTES
MONDAY, APRIL 10, 2023
10:00 AM SPECIAL CITY COUNCIL MEETING – CLOSED SESSION
Hillsborough Town Hall and Zoom Video Conference
This special City Council meeting included teleconference participation by Councilmember Alvin L.

Royse from Via Giambattista Vico, 29, Rome, Lazio 00196, Italy, pursuant to Government Code Section 54953(b). The agenda was posted at the teleconference location.

CALL TO ORDER
Mayor Krolik called the meeting to order at 10:00 a.m.

ROLL CALL

Present: Chuang, Ragsdale, Royse (by teleconference), Cole, Krolik

PUBLIC COMMENT ON CLOSED SESSION ITEM
There were no public comments.

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

CLOSED SESSION ITEM
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager

ADJOURN TO CLOSED SESSION
The City Council adjourned to Closed Session at 10:00 a.m.

RECONVENE OPEN MEETING
Mayor Krolik reconvened the open meeting at 11:49 a.m. with all Councilmembers present (Councilmember Royse by teleconference).

CLOSED SESSION REPORT
Mayor Krolik stated there was nothing to report.

ADJOURNMENT
Mayor Krolik adjourned the meeting at 11:49 a.m.
-11-

UNAPPROVED MINUTES
MONDAY, APRIL 17, 2023
1:00 PM SPECIAL CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
This meeting was held in-person at Town Hall. As a courtesy, and in compliance with applicable state law, staff and members of the public participated in the meeting in person at Town Hall and virtually via Zoom Video Conference.

CLOSED SESSION

CALL TO ORDER
Mayor Krolik called the meeting to order at 1:00 p.m.

ROLL CALL

Present: Chuang, Cole, Krolik

Absent: Ragsdale, Royse

PUBLIC COMMENT ON CLOSED SESSION ITEM
There were no public comments.

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

CLOSED SESSION ITEM
A. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: Acting City Manager

ADJOURN CLOSED SESSION
The Closed Session adjourned at 1:10 p.m.

SPECIAL CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Krolik called the meeting to order at 1:11 p.m.

II. ROLL CALL

Present: Chuang, Cole, Krolik

Absent: Ragsdale, Royse
III. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz stated that there was no report from Closed Session other than the City Council would take action in open session on the item that was discussed in Closed Session.

IV. ANNOUNCEMENT OF CONFLICT OF INTEREST
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Unapproved Minutes – Hillsborough City Council
Monday, April 17, 2023

Page 2 ends

There were no announcements of conflict of interest.

V. NEW BUSINESS

1. APPOINT ACTING CITY MANAGER EFFECTIVE APRIL 21, 2023 Mayor Krolik opened public comment.

Dennis Moore stated the importance of finding a new city manager who is competent and committed to serving the needs and will of the homeowners and residents of the town, spoke in support of looking at external candidates, and encouraged the City Council to establish an annual plan and manage the city manager to achieve that plan.

Moore provided examples of initiatives for which he felt that did not occur and encouraged the City Council to reach out to residents who have a broad range of expertise to assist where needed.

Larry Friedberg expressed concern regarding the timing of the notice of the meeting and stated the city manager should embrace the Town’s goals and values, transparency, accountability, and collaboration and should inspire and bring out the best in Town staff.

Mayor Krolik closed public comment.

City Attorney Diaz provided information regarding Brown Act noticing requirements for special meetings.

On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote with Councilmembers Ragsdale and Royse absent, the City Council appointed Jan Cooke as Acting City Manager effective April 21, 2023.

City Attorney Diaz read a statement from Councilmember Ragsdale in appreciation of Ann Ritzma’s service.

Councilmember Chuang, Vice Mayor Cole and Mayor Krolik provided comments of appreciation of Ann Ritzma’s service.

VI. ADJOURNMENT
Mayor Krolik adjourned the meeting at 1:23 p.m.
-14-

UNAPPROVED MINUTES
WEDNESDAY, APRIL 26, 2023
3:30 PM SPECIAL CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
This meeting was held in-person at Town Hall. As a courtesy, and in compliance with applicable state law, staff and members of the public participated in the meeting in person at Town Hall and virtually via Zoom Video Conference.

CLOSED SESSION

CALL TO ORDER
Mayor Krolik called the meeting to order at 3:30 p.m.

ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik

PUBLIC COMMENT ON CLOSED SESSION ITEMS
There were no public comments.

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

CLOSED SESSION ITEMS
A. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957
Title: Interim City Manager
B. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957
Title: City Manager
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Town of Hillsborough v. All Persons Interested in the Matter of the Proceedings for Resolution No. 22-83 Adopting Maximum Rates for Water Service Charges San Mateo Superior Court Case No. 23CIV01028

ADJOURN CLOSED SESSION
The Closed Session adjourned at 4:53 p.m.

SPECIAL CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Krolik called the meeting to order at 4:55 p.m.

II. ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik
-15-
Unapproved Minutes – Hillsborough City Council
Wednesday, April 26, 2023

Page 2 ends

III. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported regarding Closed Session Item A that the City Council discussed Interim City Manager candidate names and stated that the open session item includes discussion of a potential recruitment for interim or permanent city manager, but the item will be shortened to discussion of the permanent city manager recruitment with the understanding that the Mayor will reach out to the candidates who were mentioned for the interim position and if a candidate is open to filling the position, appointment would be considered at the May 8, 2023 regular City Council meeting.

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

V. NEW BUSINESS

1. DISCUSS AND PROVIDE DIRECTION ON AN INTERIM OR PERMANENT CITY

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

City Attorney Diaz provided the staff report.

Following discussion, Mayor Krolik confirmed unanimous City Council agreement to proceed with an internal city manager recruitment with the assistance of It’s Personnel Consulting, the Human Resources consulting firm currently working with the Town.

City Attorney Diaz stated that the May 8, 2023 City Council meeting agenda would include an item for potential appointment of an Interim City Manager and an item to discuss the scope of an internal recruitment with It’s Personnel Consulting.

Mayor Krolik confirmed that Acting City Manager Jan Cooke would continue with the role of Acting City Manager until May 8, 2023.

VI. ADJOURNMENT
Mayor Krolik adjourned the meeting at 5:04 p.m.
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-17-

-19-

-21-

-23-

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

CITY COUNCIL MEETING
MAY 08, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: APRIL 1 THROUGH APRIL 30, 2023 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The monthly claims for the month of April 2023 in the amount of $5,489,453.90 are submitted for approval.

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

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

ATTACHMENTS: Monthly Claims Listing
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the monthly claims for April 2023 as submitted. -25-

TOWN OF HILLSBOROUGH

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

Alan Singh
DocuSign Envelope ID: A87A7316-8E8A-4191-9A8E-C7E2CE40FE7C -26-

TOWN OF HILLSBOROUGH

SUMMARY OF PURCHASES
DURING THE MONTH OF APRIL 2023
GOODS & SERVICES PURCHASED $3,240,377.07
NET SALARIES & TAXES PAID 1,182,560.70
HEALTH BENEFIT PREMIUMS 174,516.23
BOND PAYMENTS 46,326.23
CCFD FUNDING 654,879.00
SAN FRANCISCO WATER PAYMENTS 190,794.67
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $5,489,453.90

ASSISTANT FINANCE DIRECTOR DATE

ACTING CITY MANAGER DATE
DocuSign Envelope ID: A87A7316-8E8A-4191-9A8E-C7E2CE40FE7C 5/1/2023
5/2/2023
-27-

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

Operations 2,599,590.40 1,110,521.47 1,206,172.42
Capital 640,786.67 459,772.61 1,509,106.26
Net Salaries & Taxes Paid 1,182,560.70 1,348,376.77 1,303,523.35 Health Benefit Premiums 174,516.23 157,817.08 150,163.43 Bond Payments 46,326.23 37,108.26 32,445.11
CCFD Funding 654,879.00 602,441.00 660,690.00
San Francisco Water Payments 190,794.67 389,945.65 241,513.78 Total $5,489,453.90 $4,105,982.84 $5,103,614.35
NOTES:

Operations -
Capital -
Net Salaries & FY 22/23 payroll is lower compared to the prior year due to having three pay periods for Taxes Paid - April 2022 compared to two in the current year.

Debt Service
rate of interest on the Town Certificates of Participation.

CCFD -
Water -
FY 22/23 spending is consistent with FY 21/22 except for timing of various reoccurring Capital project spending in April 2023 is primarily for the Sandra Hayne Storm Drain project, Sewer Priority Basins I & I Rehab, and Storm Drain A-1 Improvements.

April 2023 debt service spending is consistent with prior year except higher bond variable and various one-time payments. April 2023 also had a new payment to the City of San Mateo for the Clean Water Program.

FY 22/23 contribution is based on budget/contract.

There was an SFPUC wholesale water rate increase on July 1, 2022 to $4.75 (from $4.10, a 15.9 % increase). However, the decrease from the prior year is primarily attributable to usage.

DocuSign Envelope ID: A87A7316-8E8A-4191-9A8E-C7E2CE40FE7C -28-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING APRIL 2023
CK # VENDOR DESCRIPTION AMOUNT
11632 BENJAMIN LICHTMAN PARADE 2023 - CABLE CAR #1 RENTAL 3,000.00 11633 ROBIN LIEBISCH PARADE 2023 - SOUND SYSTEM 50 % DEPOSIT 2,821.00 11634 ACTION TOWING AND ROAD SERVICE TOW - TIRE CHANGE CAR #8 PD 148.50 11635 ADP, LLC MAR '23 MASTERTAX SOFTWARE SUPPORT FN 76.08 11636 AGUILAR & SONS INSTALL - CURB AND WALL LA HONDA/SAN RAYMUNDO PW 4,275.00 11637 AIXTEK MAR '23 IT MANAGEMENT SERVICE & MICROSOFT LICENSE 27,162.80 11638 ANN STAR FORMAN FEE - NOTARY SERVICES MAR '23 BP 1,110.00 11639 ARAMARK SERVICES, INC COFFEE & SUPPLIES BP 206.28 11640 ARAMARK UNIFORM & CAREER DEC '22 UNIFORM CLEANING SERVICE PW 1,454.96 11641 AT&T 2/20/23-3/19/23 MULTIPLE ACCOUNTS 238.12
11642 AUTO PRIDE CAR WASH, INC MAR '23 CAR WASHES PD 108.99 11643 BAY AREA WATER SUPPLY & CONS AG FY 22-23 Q4 ASSESSMENT PW 26,612.50 11644 BEST BEST & KRIEGER LLP FEE - FEB '23 LEGAL SERVICES 41,254.00 11645 BOSCO OIL COMPANY GAS/DIESEL PD/PW 4,189.05
11646 CAL ENGINEERING & GEOLOGY, INC SEWER CIP PRJ GEOTECHNICAL SUPPORT PARROTT #5 1,567.50 11647 CAL-STEAM, INC. #2504 REPAIR/PARTS - PD/PW 30.68
11648 CARTEGRAPH SYSTEMS, LLC SOFTWARE - CMMS ASSET MANAGE BUNDLE 25% #2 PW 27,375.00 11649 CENTRAL COUNTY FIRE DEPARTMENT REMIT - Q3 FY 22/23 FIRE REVIEW FEE FN 5,225.00 11650 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 326.97 11651 CITY OF SAN MATEO WWTP/CWP O&M QTR 2 FY 22-23 PW 129,684.60 11652 CLARK PEST CONTROL PEST CONTROL MULTIPLE ACCOUNTS 125.00 11653 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICE PW MULTIPLE ZONES 1,392.00 11654 COAST TO COAST TRUCKING SCHOOL TRAIN - DRIVING SCHOOL PW 10,000.00 11655 COMCAST FEB '23 CALNET NONCGEN LINE IT 501.72
11656 COMCAST 3/20/23-4/19/23 PD 4,352.30
11657 CORE & MAIN LP PARTS/SUPPLIES PW 1,338.83
11658 COUNTY OF SAN MATEO TRAIN - SEXUAL ABUSE RESPONSE/PROTOCOL PD 85.00 11659 DANIEL RICHARD CHARLES MAINT - POWER OUTAGE SYSTEM CHECK (-25% FTB) PW 1,923.75 11660 DARRYL PANG MAR '23 POLYGRAPH SERVICES PD 350.00
11661 EPS, INC. SEWER PHASE 1C CONSTRUCTION #1 91,912.50 11662 ERLER & KALINOWSKI, INC SEWER CIP PHASE 1C CM SUPPORT #4 11,045.13 11663 FLOWATER EQUIP - MAR '23 WATER REFILL STATION BP 164.06 11664 FRANCHISE TAX BOARD VENDOR WITHHOLDING ORDER FN 641.25 11665 GEVEKO MARKINGS, INC SUPPLIES - OPTAMARK PAVEMENT MARKINGS FIRE STN 33 4,111.83 11666 GO NATIVE, INC REPAIR - STORM CLEAN UP VARIOUS SITES PW 12,380.00 11667 GOVINVEST INC SOFTWARE - PENSION MODULE LICENSE 23/24 FN 3,500.00 11668 GRAINGER PARTS/SUPPLIES PW 1,752.02
11669 HOUSEAL LAVIGNE ASSOCIATES,LLC GENERAL PLAN/HOUSING ELEMENT JAN '23 BP 60,843.92 11670 HOWARD ROME MARTIN & RIDLEY LLP LEGAL SERVICES FEB'23 CM 117.50 11671 INFRASTRUCTURE ENGINEERING CO DARREL TANK REPLACE PRJ #25 PW 14,250.97 11672 INTERNATIONAL BUSINESS IT SOFTWARE - LEFTA FTO PATROL 4/15/23-4/14/24 PD 1,545.00 11673 JMB CONSTRUCTION, INC. SANDRA HAYNE STORM DRAIN REPLACE PRJ #5 PW 180,900.22 11674 JPMORGAN CHASE BANK, N.A. BOND REMARKET - CUSIP432258AZ4 JAN-MAR'23 BONDS FN 3,494.77 11675 KRONOS SAASHR, INC. MAR'23 PAYROLL PROCESSING FN 1,939.01 11676 MASTERPIECE GARDENERS, INC MAINT - MAR '23 HBF LANDSCAPE VARIOUS SITES 785.00 11677 CALIFORNIA METRO MOBILE COMM REPAIR - RADIO BATTERY PD 1,081.80 11678 NORCAL RENTAL GROUP LLC SUPPLIES - PROPANE PW 36.34 11679 PERMITFLOW REFUND - PERMIT FEE VOID BP 3,359.18
11680 SUN RUN INSTALLATION SERVICES INC REFUND - PERMIT FEE VOID BP 210.05 11681 SUNRUN INSTALLATION SERVICES, INC REFUND - PERMIT FEE VOID BP 608.91 11682 CHRISTINE KROLIK REIMB - EXP COUNCIL OF CITIES MEETING 2/24/23 CO 350.00 11683 M E KOEHLER REIMB - FINGERPRINT SERVICE FEE HR 139.38 11684 DOROTHY J MEYER COUNCIL PORTRAITS CO 624.15
11685 PAKPOUR CONSULTING GROUP,INC 23/24 WATER & SEWER REPLACE PRJ DESIGN #4 2,650.50 11686 PATRIOT ENVIRONMENTAL LAB INVESTIGATE/ANALYZE AIR POST MOLD REMEDIAL PD 865.00 11687 PENINSULA TRUCK REPAIR INC MAINT - MULTIPLE VEHICLES PW 11,193.03 11688 PENINSULA UNIFORMS & EQUIPMENT UNIFORMS - PATROL/RAIN JACKET PD 582.28 11689 PG & E 2/15/23-3/16/23 MULTIPLE ACCOUNTS 3,271.85 DocuSign Envelope ID: A87A7316-8E8A-4191-9A8E-C7E2CE40FE7C -29-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING APRIL 2023
11690 PRIORITY 1 MAINT - MULTIPLE VEHICLES PD 3,000.00
11691 QUENCH USA, INC WATER SERVICE & INSTALL 3/10/23-4/27/23 PD 231.97 11692 RECOLOGY SAN MATEO COUNTY SMCO GARBAGE FEES FY22-23 1ST PER CLEAN/2ND ADVANC 175,114.50 11693 RICE TRUCKING-SOIL FARM SUPPLIES - SAND PW 810.74 11694 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - MAR '23 FN HUANG 5,785.88 11695 SAN MATEO COUNTY FORENSIC LAB MAR'23 CRIME LAB SERVICES PD 422.00 11696 SAN MATEO LUMBER CO., INC SUPPLIES/MATERIALS PW 158.52 11697 SECURITY INFORMATON SYSTEMS, INC SUPPORT - ALARM COMPUTER 5/2/23-5/1/24 PD 4,995.00 11698 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 3,636.79 11699 STORM WATER INSPECTION & MAINT INSPECT - SUMP PUMP UPLANDS SCHOOL PW 422.50 11700 TECHNOLOGY, ENGINEER CONST TANK ANNUAL INSPECTION REPORT PD 900.00 11701 TELECOMMUNICATIONS ENGINEERING APR '23 COMM CENTER/BASE PD 3,720.50 11702 THIRKETTLE CORPORATION PARTS - WATER METER ANTENNA WIRE PW 525.00 11703 THOMSON WEST MAR '23 INVESTIGATIVE WEBSITE PD 1,014.99 11704 TIMBERLINE TREE SERVICE, INC. MAINT - TREE REMOVAL PANORAMA/SKYFARM PW 2,620.00 11705 TOOLAND TOOLS - TILE BLADE ANNEX KITCHEN PW 87.49 11706 TURBO DATA SYSTEMS, INC. MAR'23 CITATION PROCESSING & SCANNER PD 1,562.13 11707 TYLER TECHNOLOGIES, INC. TRAIN - ERP SYSTEM UB MAR '23 FN 8,860.00 11708 ULINE, INC. SUPPLIES/TOOLS PW 2,852.59
11709 UNITED LABORATORIES SUPPLIES - SEWER LIFT-ZYME PW 2,982.16 11710 UTILITY TELECOM, INC. MAR '23 ETHERNET & 3 CIRCUITS ACCT#CORP902082 IT 420.25 11711 VERIZON WIRELESS 2/7/23-3/10/23 PD 1,493.36
11712 VIKING SHRED LLC APR '23 DESTRUCTION SERVICES PD 78.99 11713 WECO INDUSTRIES, LLC EQUIP - SEWER HOSES/ROPE PW 8,126.08 11714 WESLEY CONSTRUCTION, INC EQUIP - LOCKER ROOM LOCKERS PD 24,645.00 11715 WITMER-TYSON IMPORTS, INC. FEB '23 K-9 TRAINING PD 1,100.00 11716 ADP, LLC APR '23 MASTERTAX SOFTWARE SUPPORT FN 76.08 11717 AFLAC APR '23 INSURANCE PREMIUM HR 1,462.90
11718 AIXTEK EQUIP, SOFTWARE, ASSET MANAGEMENT IT 6,157.64 11719 ALERT DOOR SERVICE, INC. MAINT - GATE CORP YARD/DARRELL TANK SITE PW 700.00 11720 ALL WEST EQUPMENT CO. MAINT - INSPECT TANK EARTHQUAKE ACTUATOR PW 13,775.00 11721 ALTA LANGUAGE SERVICES, INC APR '23 LISTENING & SPEAKING TEST HR ARCEO 55.00 11722 AMAZON WEB SERVICES, INC MULITPLE MONTHS BACKUP STORAGE IT 12,435.84 11723 AT&T 2/20/23-3/19/23 MULTIPLE ACCOUNTS 1,145.83
11724 BAY AREA WATER SUPPLY & CONS AG SMART CONTROLLER PROGRAM MAR '23 PW 986.49 11725 BAYSIDE BUILDING MATERIALS INC MATERIALS - STRAW WADDLE PW 767.38 11726 BEST BEST & KRIEGER LLP FEE - FEB '23 LEGAL SERVICE 39,459.00 11727 BOSCO OIL COMPANY GAS/DIESEL PW 3,464.12
11728 BURNETT LANDSCAPE DEVELOPMENT MAINT - APR '23 HBF LANDSCAPE VARIOUS SITES 11,040.94 11729 CALIFORNIA BUILDING INSPECTION GR 2023 MEMBERSHIP DUES BP STAFF 30.00 11730 CENTRAL COUNTY FIRE DEPARTMENT APR '23 FISCAL CONTRIBUTION 654,879.00 11731 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 653.94 11732 CITY OF BURLINGAME APR '23 LIBRARY SERVICES & REIMB STREET CIP 121,742.40 11733 CITY OF SAN MATEO Q4 22-23 CLEAN WATER PROGRAM PRJ & APR '23 LIBRARY 508,939.86 11734 CLARK PEST CONTROL PEST CONTROL - FN PW 500.00
11735 COMCAST APR '23 CALNET NONCGEN LINE IT 874.18
11736 COMCAST MAR -APR '23 PW 4,274.90
11737 CORE & MAIN LP PARTS - FIRE HYRANTS PW 8,636.03
11738 CSG CONSULTANTS, INC. CIP ADM SEWER 2/27/23-3/31/23 & VARIOUS PRJ PW 121,068.59 11739 DAN OKANO EQUIP/MAINT PW 1,335.02
11740 DANIEL RICHARD CHARLES DARRELL TANK/SCADA RELOCTION PRJ (-25% FTB) PW 11,250.00 11741 DU-ALL SAFETY, LLC DEC '22 - JAN '23 SAFETY CONSULT PW 4,523.75 11742 EIDE BAILLY LLP JUN'22 AUDITING SERVICES FN 3,520.00 11743 EPS, INC. SEWER PHASE 1C CONSTRUCTION #2 131,254.38 11744 FARALLON COMPANY INSTALL - DIGITAL SIGN FOUNDATION TOWN HALL PW 33,341.00 11745 FASTRAK BRIDGE TOLL MULTIPLE ACCOUNTS PW 108.25
11746 FLOWATER EQUIP - MAR '23 WATER REFILL STATION PW 222.48 11747 FLOWATER EQUIP - MAR '23 WATER REFILL STATION BP 381.72 11748 FRANCHISE TAX BOARD WITHHOLD ORDER - CASE #133566712 25% OF $15,000 FN 3,750.00 11749 GLENN BERKHEIMER APR '23 LABOR RELATIONS HR 1,700.00 11750 GRAINGER TOOLS - VARIOUS ITEMS PW 1,774.04
11751 HF&H CONSULTANTS, LLC FEB'23 WATER RATE STUDY 2022 W COS FN 1,950.00 DocuSign Envelope ID: A87A7316-8E8A-4191-9A8E-C7E2CE40FE7C -30-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING APRIL 2023
11752 HOME DEPOT CREDIT SERVICES MAR '23 VARIOUS PARTS & SUPPLIES PW 6,535.04 11753 INFINITY TECHNOLOGIES MAR '23 GIS SERVICE PW 1,177.50 11754 INTERWEST CONSULTING GROUP MAR '23 BUILDING INSPECTOR SERVICES BP 2,000.00 11755 KARI PECHETTI HILLSBOROUGH PD TOWN PETTY CASH 4/12/23 4,565.01 11756 KELLY MOORE PAINT CO., INC SUPPLIES - PAINT/ROLLERS PW 233.72 11757 LIEBERT CASSIDY WHITMORE FEB '23 LEGAL SERVICES HR 1,188.00 11758 MARK D HUDAK LEGAL SERVICES - MAR 2023 CM 5,985.00 11759 MUNICIPAL RESOURCE GROUP LLC FEB-APR '23 EMPLOYEE SERVICES CM 16,250.00 11760 NAPA AUTO PARTS - BURLINGAME SUPPLIES - RAIN-X GLASS SPRAY PW 52.03 11761 NORCAL RENTAL GROUP LLC SUPPLIES - PROPANE PW 37.27 11762 NWESTCO LLC MAINT - FUEL TANK INSPECTION PW 975.95 11763 ELLEN OUYANG & BENSON CHOW REFUND - BUILD DEPOSIT BP 7,391.00 11764 JENNA GOLDE REFUND - BUILD DEPOSIT BP 1,435.00
11765 JENNA GOLDE REFUND - BUILD DEPOSIT BP 10,000.00
11766 JOE PFEISTER REFUND - BUILD DEPOSIT BP 2,853.50
11767 MICHAEL ZHANG, HEIDI PAN REFUND - BUILD DEPOSIT BP 12,481.00 11768 STEPHANIE SIN REFUND - BUILD DEPOSIT BP 6,000.00
11769 TRUNESTRY INC REFUND - GRADE DEPOSIT BP 12,705.00 11770 JOSHUA WANG REIMB - FINGERPRINT SERVICE FEE HR 116.00 11771 MICHAEL ACOSTA REIMB - FINGERPRINT SERVICE FEE HR 106.00 11772 TONY BRENNER REIMB - TRAVEL EXP AWWA CONFERENCE 4/2-5/23 PW 1,233.20 11773 PENINSULA PUMP & EQUIPMENT INC REPAIR - UPPER LIFT STATION/PUMP 2 CORP YARD PW 10,317.93 11774 PENINSULA TRUCK REPAIR INC REPLACE - BATTERY/HORN/FENDER MULTIPLE VEHICLES PW 10,303.41 11775 PG & E 3/01/23-3/31/23 MULTIPLE ACCOUNTS 27,755.98 11776 RICHLAND RESEARCH CORPORATION SUPPLIES - ROOT TREATMENT CHEMICAL PW 573.44 11777 PLAN JPA FEB '23 DEDUCTIBLE CLAIMS VARIOUS ITEMS 11,826.00 11778 PRESIDIO SYSTEM, INC 2022 SEWER MAIN CLEANING/VIDEO INSPECT #4 PW 3,125.00 11779 R & A JANITORIAL SERVICE, LLC MAR - APR '23 JANITORIAL SERVICES PW 19,587.44 11780 RED WING SHOE STORE WORK BOOTS - PW R.DAVIS 298.78 11781 RENNE PUBLIC LAW GROUP LLP LEGAL RETAINER FEB - MAR '23 CM 8,000.00 11782 RICE TRUCKING-SOIL FARM SUPPLIES - CRUSHED ROCK PW 1,168.14 11783 ROBERT HALF INTERNATIONAL INC FEE - CONTRACT CONVERSION PW KOEHLER 23,551.78 11784 SAN MATEO COUNTY ENVIRONMENTAL FEE - GENERATOR FUEL STORAGE MULTIPLE LOCATIONS PW 2,552.00 11785 SAN MATEO LOCK WORKS, INC. KEYS CORP YARD PW 956.52 11786 SAN MATEO LUMBER CO., INC MATERIALS - WOOD POST PW 21.27 11787 AWWAD ENTERPRISES INC REPAIR - WATER DAMAGE PD BUILDING PW 117,174.61 11788 SFPUC FINANCIAL SERVICES JAN 23' - WATER QUALITY ANALYSIS PW 1,175.00 11789 SHARP ELECTRONICS CORPORATION FEB '23 COPIER CHARGES 1,327.19 11790 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,055.19 11791 SUTTER HEALTH JAN-MAR '23 EMPLOYEE ASSIST YOU HR 785.92 11792 TELSTAR INSTRUMENTS MAINT - SMARTCOVER SERVICE VARIOUS LOCATIONS PW 1,320.16 11793 UNITED STATES POSTAL SERVICE REPLENISH POSTAGE FUNDS FIN ACCT#6156304 4,000.00 11794 UTILITY TELECOM, INC. APR '23 ETHERNET & 3 CIRCUITS ACCT#CORP902082 IT 389.63 11795 VERIZON WIRELESS 1/03/23 - 2/02/23 PW 3,526.68
11796 WESLEY CONSTRUCTION, INC MAINT - REMODEL LITTLE HOUSE KITCHEN PW 7,025.00 11797 CALIFORNIA DEPARTMENT OF TAX JAN-MAR '23 Q3 SALES AND USE TAX ACCT#099-773156 712.00 11798 DIVISION OF STATE ARCHITECT JAN-MAR '23 DISABILITY ACCESS & EDU FEE 72.80 11570 BURNETT LANDSCAPE DEV MAINT - MAR '23 HBF LANDSCAPE VARIOUS SITES 5,256.00 11571 CARTEGRAPH SYSTEMS, LLC SOFTWARE - CMMS ASSET MANAGE BUNDLE 25% PW 27,375.00 11572 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 520.70 11573 CITY OF BRISBANE COUNCIL OF CITY MEETING 3/24/23 CO 130.00 11574 CITY OF BURLINGAME MAR '23 LIBRARY SERVICES CM 62,333.00 11575 CLARK PEST CONTROL PEST CONTROL - MULTIPLE ACCOUNTS PW 500.00 11576 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICE PW ZONE #4 PW 1,174.50 11577 COUNTY OF SAN MATEO INFO SERVICES FEB '23 MICRO CHANNEL LINES PD 164.51 11578 CO OF SAN MATEO PUBLIC SAFETY OCT '22 - MAR '23 MESSAGE SWITCH PD 4,790.50 11579 COMCAST 2/26/23-3/25/23 PD 500.07
11580 COMCAST DEC '22/JAN '23 CALNET NONCGEN LINE IT 8,704.60 11581 CONSOLIDATED CM, INC DARRELL TANK REPLACE PRJ MANAGE PW 99,934.89 11582 CORA (COMMUNITY OVERCOMING ERP SERVICES 7/1/22 - 6/30/23 PD 4,307.00 11583 CORE & MAIN LP PARTS - VARIOUS ITEMS PW 7,362.76
11584 CRYSTAL SPRINGS PET HOSPITAL K-9 VET SERVICES - OZZY/DIESEL PD 950.05 DocuSign Envelope ID: A87A7316-8E8A-4191-9A8E-C7E2CE40FE7C -31-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING APRIL 2023
11585 CSG CONSULTANTS, INC. CIP ADM SEWER & VARIOUS PRJ 2/1/23-2/24/23 PW 112,102.14 11586 CUSTOM TOPS INC EQUIP - FLOOR LINERS FORD F350 PW 337.64 11587 CWEA 23/24 COLLECT SYSTEM GRADE 2 STAFF PW 205.00 11588 CWEA 23/24 MEMBERSHIP STAFF PW 427.00
11589 DU-ALL SAFETY, LLC FEB '23 SAFETY CONSULT PW 4,407.50 11590 FLOWATER EQUIP - MAR '23 WATER REFILL STATION FN 164.06 11591 GRAINGER SUPPLIES - STAIR TREAD/BOOT DRYER PW 1,831.95 11592 KEVIN KASHIWAHARA BACKGROUND INVESTIGATION NEW HIRE PD 1,304.30 11593 KRONOS SAASHR, INC. FEB'23 PAYROLL PROCESSING FN 1,950.08 11594 LANDTEK LANDSCAPE INC MAR'23 LANDSCAPE MAINT VARIOUS SITES HBF 2,516.00 11595 LC ACTION POLICE SUPPLY PARTS - GLOCK RECOIL ASSEMBLYS/AMMUNITION PD 752.37 11596 LUXOR FLOORS INC INSTALL - FLOOR FINANCE BATHROOM PW 1,892.77 11597 LYNGSO GARDEN MATERIALS, INC SUPPLIES - SANDBAGS PW 4,429.54 11598 MARK D HUDAK LEGAL SERVICES - FEB 2023 CM 2,880.00 11599 CALIFORNIA METRO MOBILE COMM REPAIR - RADIO PD 247.50 11600 METROPOLITAN PLANNING GROUP INC CONSULT - FEB '23 PLANNER SERVICES BP 7,920.00 11601 ODYSSEY POWER CORPORATION MAINT - GENERATOR TOURNAMENT PW 1,104.80 11602 DAVID D & JOANNA W KIM REFUND - BUILD DEPOSIT LANDSCAPE BP 2,296.14 11603 DAVID D & JOANNA W KIM REFUND - BUILD DEPOSIT BP 9,423.05 11604 IZMIRIAN ROOFING & SHEET METAL REFUND - PERMIT FEE VOID BP 1,577.19 11605 JENNIFER MARVITZ & KUSHAL GANDHI REFUND - BUILD DEPOSIT BP 11,259.50 11606 LISA M LAU & TIMOTHY J MURPHY REFUND - BUILD DEPOSIT BP 19,880.00 11607 PATRIOT ENVIRONMENTAL LAB SVCS ASBESTOS INVESTIGATION SURVEY PD 1,446.00 11608 PENINSULA TRUCK REPAIR INC MAINT - MULTIPLE VEHICLES PW 3,611.18 11609 PENINSULA UNIFORMS & EQUIPMENT UNIFORMS - VARIOUS ITEMS STAFF PD 1,843.72 11610 PG & E 2/4/23-3/7/23 MULTIPLE ACCOUNTS 18,424.44
11611 PRIORITY 1 MAINT - MULTIPLE VEHICLES/OUTFIT - CHARGER PD 62,283.56 11612 QUADIENT LEASING USA, INC POSTAGE METER LEASE 12/30/22 - 3/29/23 FN 532.59 11613 QUENCH USA, INC EQUIP - WATER SERVICE DAMAGED UNIT PD 1,313.68 11614 REDWOOD TRADING POST UNIFORM - RAIN/WORK BOOTS STAFF PW 724.53 11615 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 3/10-17/23 FN/PW 7,627.84 11616 SAN MATEO COUNTY FORENSIC LAB FEB'23 CRIME LAB SERVICES PD 180.00 11617 SAN MATEO RESOURCE CONSERVATION RCD COMPOST PROGRAM 39,257.76 11618 SHARP ELECTRONICS CORPORATION JAN '23 COPIER CHARGES 2,990.94 11619 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,209.25 11620 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR CERT D2 STAFF PW 80.00 11621 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR CERT D2 STAFF PW 45.00 11622 TELECOMMUNICATIONS ENGINEERING MAR '23 COMM CENTER/BASE PD 2,345.50 11623 TELSTAR INSTRUMENTS MAINT - SMARTCOVER SERVICE PW 2,050.00 11624 THOMSON WEST FEB '23 INVESTIGATIVE WEBSITE PD 1,015.00 11625 TIMBERLINE TREE SERVICE, INC. MAINT - TREE REMOVAL MULTIPLE LOCATIONS PW 5,870.00 11626 TURBO DATA SYSTEMS, INC. FEB'23 CITATION PROCESSING & SCANNER PD 1,554.51 11627 UNDERGROUND SERVICE ALERT FEE - STATE REGULATORY COSTS 7/1/22-6/30/23 PW 1,010.78 11628 UNITED LABORATORIES SUPPLIES - SEWER LIFT-ZYME CLEANER PW 3,039.88 11629 VIKING SHRED LLC MAR'23 DESTRUCTION SERVICES PD 78.99 11630 WILSEY HAM SEWER CIP 1D DESIGN PRJ PARROTT PW 5,116.65 11631 WRA, INC CONSULT - EIR ASSESSMENT TOBIN CLARK BP 14,381.50 TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $3,614,960.98 CALPERS RETIREMENT CONTRIBUTIONS 200,170.75
VISA PAYMENTS 0.00
RETIREE HEALTH REIMBURSEMENTS 83,619.11
OTHER ELECTRONIC PAYMENTS 0.00
TOTAL GOODS & SERVICES FOR THE MONTH $ 3,898,750.84
DocuSign Envelope ID: A87A7316-8E8A-4191-9A8E-C7E2CE40FE7C -32-

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

CITY COUNCIL MEETING
MAY 08, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING THE TOWN OF HILLSBOROUGH’S UNCLAIMED FUNDS POLICY PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The purpose of the unclaimed funds policy is to establish the process by which the Finance Department uses for unclaimed funds. As a matter of procedure, the Town attempts to contact the payee and implements the steps in the policy for relieving the unclaimed funds.

FISCAL IMPACT: There is no fiscal impact associate with the adoption of this policy.

ATTACHMENTS:

1. Resolution

2. Town of Hillsborough Unclaimed Funds Policy
PREPARED BY: Jan Cooke, Acting City Manager
RECOMMENDATION: Adopt the resolution approving the Town of Hillsborough’s Unclaimed Funds Policy.
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RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING THE TOWN OF HILLSBOROUGH UNCLAIMED FUNDS POLICY PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, contacting payees of unclaimed funds is essential to financial recordkeeping; and
WHEREAS, the policy for the Town of Hillsborough follows California state law (Government Code sections 50050 through 50056) as set forth in Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby adopts Town of Hillsborough Unclaimed Funds Policy No. 515.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 8th day of May 2023, by the following vote of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
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POLICY 515 1

T OWN OF H ILLSBOROUGH

P ERSONNEL P OLICY
POLICY NO. 515 ADOPTED XX/XX/XXXX
SUBJECT: UNCLAIMED FUNDS POLICY
PURPOSE: The purpose of the unclaimed funds policy is to establish general policy and procedural guidelines for the Finance Department regarding unclaimed checks and other unclaimed funds in accordance with California Government Code, Sections 50050 through 50056.

During the normal course of operation, the Town accumulates unclaimed funds, such as uncashed checks payable to vendors and customers. The following procedures are designed to properly dispose of such unclaimed funds in accordance with the California Government Code.

Those duties vested by Government Code Sections 50050 through 50056 in the Town Treasurer are hereby transferred to the Town Finance Director or other designee as stated in this policy.

STATEMENT OF POLICY:

Procedure.

A. Unclaimed funds under $15 dollars:

1. All checks under fifteen (15) dollars, unclaimed for a period of one (1) year or more from the date the check was issued, will become the property of the Town. This may occur without the necessity of a newspaper publication. Such unclaimed checks will be identified by the Finance Department and shall return to the originating fund. The funds may be transferred to the General Fund by resolution of the City Council.

B. Unclaimed funds of $15 or more:

1. On an annual basis, all checks fifteen (15) dollars and over, unclaimed for more than three (3) years, will be identified by the Finance Department.

2. A notice will be published once a week for two (2) consecutive weeks in a local newspaper of general circulation.

3. The notice will contain the following information:
i. The amount of money;
ii. The fund where the money is being held;
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POLICY 515 1
iii. Statement announcing that the money shall become the property of Town of Hillsborough on a date that is forty-five (45) days after the first publication of the notice;
iv. payee name and check amount;
v. A contact number or e-mail address to make an inquiry or claim.

4. If the payee, their heir, beneficiary, or duly appointed representative claim ownership of the money before it becomes property of the Town, a written claim must be filed with the Town’s Finance Department. Any claim must be filed before the date that the money becomes the property of the Town. Proof substantiating the claim must be in a writing, which consists of:
i. Claimant’s name, address, and telephone number;
ii. Proof of identity (driver’s license, social security card, or birth certificate);
iii. The amount of the claim;
iv. The grounds on which the claim is founded.

5. The Town Finance Director will determine whether to accept or reject the claim and will provide notice to the claimant of the decision. If the claim is accepted, the money may be released to the claimant. If the claim is rejected, the claimant will have thirty (30) days from the date the notice is received to file in court and serve the Town with a verified complaint. Therefore, the Town shall withhold the release of the portion of the unclaimed money until the time passes to file an action in court. If a court action is filed, the Town shall withhold the release of the portion of the unclaimed money until a final decision is rendered by the court.

6. Upon close of business on the forty-fifth (45) day after the publication of the first notice, the unclaimed check amounts will revert to the Town and will be returned to the originating fund, except as otherwise provided in paragraph B(5). After the money reverts to the Town, the City Council may authorize its transfer to the General Fund by resolution.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
3 CONSENT CALENDAR

CITY COUNCIL MEETING
MAY 08, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION PROVIDING FOR INTERIM MODIFICATIONS TO THE BUSINESS LICENSE TAX PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The Town’s business license tax was originally established in 1985. At the original adoption, the City Council approved certain continuing modifications that have been approved annually. Specifically, while the original ordinance authorized a ¾ of 1% business tax, the City Council has been adopting annual resolutions providing for a reduction of the ¾ of 1% ($0.75 per $100.00 of gross receipts) tax to ½ of 1% ($0.50 per $100 of gross receipts) tax.

A large portion of Hillsborough’s business licenses are for contractors and are linked to permitting.

The tax (plus administrative fee) ranges from $124.00 to $858.00 (amount based on permit value).

For non-contractors in Hillsborough (such as pool services, gardeners, cleaning services), the tax (plus administrative fee) ranges from $204.00 to $2,133.00 (amount is based on gross receipts) with a majority at $204.00.

FISCAL IMPACT: The revenue will be comparable year over year if this resolution is adopted (assuming the same level of activity).

ATTACHMENTS: Resolution
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Adopt the resolution providing for interim modifications to the business license tax for fiscal year 2023-24.
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RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

PROVIDING FOR INTERIM MODIFICATIONS TO THE BUSINESS LICENSE TAX WHEREAS, on September 9, 1985, June 23, 1986, June 8, 1987, June 27, 1988, June12, 1989, June 11, 1990, June 10, 1991, June 8, 1992, May 10, 1993, June 27, 1994, June 12, 1995, August 19, 1996, June 9, 1997, June 8, 1998, May 10, 1999, May 8, 2000, May 14, 2001, June 10, 2002, June 9, 2003, June 14, 2004, June 13, 2005, June 12, 2006, May 14, 2007, May 12, 2008, May 11, 2009, May 10, 2010, May 9, 2011, April 9, 2012, May 13, 2013, May 12, 2014, May 11, 2015, May 9, 2016, May 8, 2017 and May 14, 2018, the City Council passed Resolution Nos. 85-30, 86-23, 87-15, 88-55, 89-92, 90-15, 91-11, 92-15, 93-2, 94-14, 95-12, 96-18, 97- 14, 98-9, 99-17, 00-15, 01-18, 02-45, 03-132, 04-43, 05-42, 06-49, 07-36, 08-35, 09-38, 10-31, 11-28, 12-13, 13-14, 14-29,15-21, 16-22, 17-29, 18- 25, 19-26, 20-23, 21-32 and 22-29 providing for interim modifications to the administration of Chapter 5.04 Business Tax of the Hillsborough Municipal Code; and
WHEREAS, Resolution No. 22-29 called upon the City Council at the end of fiscal year 2022-23 to review the operation of the business tax as enforced pursuant to the above-listed resolutions and to determine whether the provisions of such resolutions are to be renewed for fiscal year 2023-24, whether additional or different interim modifications are appropriate, whether amendments to Chapter 5.04 itself are appropriate, or whether Chapter

5.04 is to be enforced without the modifications set forth in the abovelisted resolutions; and WHEREAS, it is in the best interest of the Town to renew the provisions of such resolutions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby provides for interim modifications of the business license tax as follows:

1. For fiscal year 2023-24, the Town shall assess the administrative fee as set forth in Chapter 5.04 as amended, but those taxes established as ¾ of 1% ($.75 per $100 of gross receipts) shall continue to be collected at the rate of ½ of 1% ($.50 per $100 of gross receipts); provided, however, that the annual business license tax shall be $100 for any business which consists of the provision of regular periodic household services in the Town (for example, gardeners, cleaning services, pool maintenance service, etc.) and whose declared total annual Gross Receipts from such services in the Town do not exceed $20,000; provided, further, that in all cases the minimum tax for permit business (those businesses described in Category 1 in paragraph 2 below) shall be $20 for each permitted work project in Town and the minimum tax for nonpermit business (those businesses described in Category 2 in paragraph 2 below) shall be $100 annually.
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2. For fiscal year 2023-24 for ease of administration and in an effort to simplify the rules for public understandability, businesses shall be categorized as follows:
1) Permit businesses (i.e., those businesses that must obtain permits for specific work projects in the Town)
2) Nonpermit businesses (i.e., those businesses not in Categories 1 or 3) 3) Title insurance businesses
Category 1 shall include the following categories set forth in Chapter 5.04:

Category B Permit Businesses
Category 2 shall include the following categories set forth in Chapter 5.04:

Category A
Category B Nonpermit Business
Category C
Category D
Category F
Category G
Category 3 shall include the following categories set forth in Chapter 5.04:

Category E
Category H

3. For fiscal year 2023-24, there shall be no audit, examination, or verification of the books and records as set forth in Section 5.04.320 of Chapter 5.04 except as specifically authorized by the City Council upon the recommendation of the business tax collector.

4. At the end of fiscal 2023-24, the City Council shall review the operation of the business tax set forth in Chapter 5.04 as enforced pursuant to this Resolution and shall determine whether the provisions of this Resolution shall be renewed for fiscal year 2024-25, whether additional or different interim modifications are appropriate, whether further amendments to Chapter 5.04 itself are appropriate, or whether Chapter 5.04 as then amended shall be enforced without any modifications.

5. This Resolution shall be printed and posted upon the three official bulletin boards of the Town of Hillsborough.

Mayor of the Town of Hillsborough
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Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 8th day of May 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-40-

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

CITY COUNCIL MEETING
MAY 08, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION SETTING THE AMOUNT OF THE SPECIAL TAX FOR POLICE PROTECTION AND FIRE PROTECTION AND PREVENTION FOR FISCAL YEAR 2023-24 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The special tax was approved by the residents of the Town of Hillsborough in 1998 providing a maximum charge of $570.00 for each improved parcel and $218.00 for each unimproved parcel. The maximum charge allowed by the original authorization had been assessed since FY 2005-06. Annual revenues are $2,246,910.00. The proposed rates impose the maximum charges for the upcoming FY 2023-24.

FISCAL IMPACT: Annual revenues in the amount of $2,246,910.00 are included in the proposed FY 2023-24 budget (7% of General Fund revenue).

ATTACHMENTS: Resolution
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Adopt the resolution setting the amount of Public Safety Tax for FY 2023- 24 at $570 for each improved parcel and $218 for each unimproved parcel. -41-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

SETTING THE AMOUNT OF THE SPECIAL TAX FOR POLICE PROTECTION AND FIRE PROTECTION AND PREVENTION FOR FISCAL YEAR 2023-24
WHEREAS, Chapter 3.30 of the Hillsborough Municipal Code, Special Tax for Police Protection and Fire Protection and Prevention (“Public Safety Tax”), was approved by the voters on June 2, 1998; and

WHEREAS, Section 3.30.040 of the Hillsborough Municipal Code provides for a two percent (2%) increase each year but a not-to-exceed total annual tax of one hundred fifteen percent (115%) of the initial maximum tax.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough:

1. Hereby finds that the full amount of the fiscal year 2023-24 Public Safety Tax ($570 for each improved parcel and $218 for each unimproved parcel – the maximum amounts allowed) is required to meet the projected expenditures of the Town for police protection and fire protection and prevention services for fiscal year 2023-24.

2. Hereby determines that the Public Safety Tax applicable for fiscal year 2023-24 shall be as follows:

For each improved parcel: $570
For each unimproved parcel: $218

3. This resolution shall be printed and posted upon the three official bulletin boards of the Town of Hillsborough.

Mayor of the Town of Hillsborough

Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 8th day of May 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-42-

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

CITY COUNCIL MEETING
MAY 08, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT

TOWN HALL TO COMMEMORATE LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) PRIDE MONTH PURSUANT TO CEQA GUIDELINE 15378 SUMMARY: In accordance with Policy 420, Flag Flying, Proclamations, and Public Awareness Campaigns Policy, as adopted by City Council, the resolution authorizes the display of the Pride Flag at Town Hall during the month of June to express the Town’s official sentiments as authorized by the City Council.

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

ATTACHMENTS: Resolution
PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Adopt the resolution authorizing the display of the pride flag at Town Hall during the month of June.
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RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT TOWN HALL TO

COMMEMORATE LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) PRIDE MONTH PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the Town of Hillsborough (“Town”) adopted Policy 420 regarding the display of ceremonial and/or commemorative flags at Town Hall; and WHEREAS, the policy provides for the display of commemorative flags that the City Council may authorize by resolution as an expression of the Town’s official sentiments; and
WHEREAS, Lesbian, Gay, Transgender, Bisexual, and Queer (LGBTQ) Pride Month is celebrated annually in the month of June to honor the 1969 Stonewall Riots in New York City, which marked a pivotal point for LGBTQ rights in the United States; and
WHEREAS, the Town desires to display the Pride Flag at Town Hall annually during the month of June in recognition of LGBTQ Pride Month, and to celebrate diversity and inclusion in the Town of Hillsborough.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby authorizes the Pride Flag to be displayed at Town Hall during the month of June 2023 in acknowledgement of LGBTQ Pride Month.

Mayor of the Town of Hillsborough

Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 8th day of May 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-44-

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

CITY COUNCIL MEETING
MAY 08, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING THE TOWN HALL LIGHTING SCHEDULE FOR THE REMAINDER OF 2023 TO COMMEMORATE EVENTS, PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: In accordance with Policy 420, Flag Flying, Proclamations, and Public Awareness Campaigns, as adopted by City Council, the attached resolution authorizes the lighting of Town Hall during the remaining months of 2023 (May-December) to express the Town’s official sentiments as authorized by the City Council. The schedule is listed below. In addition to the scheduled lightings, the City Manager (or designee) may change the lights beyond the schedule listed below; for example, to reflect current local sporting events with team colors during playoffs or final events.

Page 2 ends

November
Red/White/Blue – Veteran’s Day
Harvest Colors – Thanksgiving
December
Gold – Happy Holidays
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ATTACHMENTS: Resolution
PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Adopt the resolution authorizing the lighting schedule of Town Hall to commemorate events for the remainder of 2023.
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RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING THE TOWN HALL LIGHTING SCHEDULE FOR THE REMAINDER OF 2023 TO COMMEMORATE EVENTS, PURSUANT TO CEQA GUIDELINE 15378 WHEREAS, Town of Hillsborough (“Town”) Policy 420 adopted by the City Council in May 2021 establishes standards and guidelines for the Town’s participation in public awareness campaigns, and specifies that such participation is entirely within the discretion of the City Council; and WHEREAS, when the City Council directs by resolution, Town staff may participate in a public awareness campaign by providing for the use of Town facilities, including lighting Town Hall to commemorate various events authorized by Policy 420; and
WHEREAS, the City Manager (or designee) may change the lights beyond the schedule listed below; for example, to reflect current local sporting events with team colors during playoffs or final events; and
WHEREAS, Town staff is proposing the following event lighting schedule for the remainder of 2023:

May
Green – Mental Health Awareness Month
Blue – National Public Works Week (May 21-27, 2023)
Red/White/Blue – Memorial Day Weekend
June
Orange – Gun Violence Awareness Month
Purple – Alzheimer's & Brain Awareness Month
Rainbow – Pride Month
Green/red/black – Juneteenth (June 19, 2023)
July
Red/White/Blue – Independence Day (July 4, 2023)
August
None
September
Gold – Pediatric Cancer Awareness
October
Purple – Domestic Violence Awareness Month
Orange – National Bullying Prevention Month
Orange – Halloween
Pink – Breast Cancer Awareness Month
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2 November
Red/White/Blue – Veteran’s Day
Harvest Colors – Thanksgiving
December
Gold – Happy Holidays
WHEREAS, the proposed holidays, events, and campaigns as defined in this lighting schedule adhere to Policy 420; and
WHEREAS, the Town desires to illuminate the Town Hall building, and to recognize the above-identified events and campaigns.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby directs that the Town Hall building should be illuminated to celebrate the events and campaigns for the remainder of 2023 as set forth in this resolution.

Mayor of the Town of Hillsborough

Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 8th day of May 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-48-

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

CITY COUNCIL MEETING
MAY 08, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WESLEY CONSTRUCTION INC. TO REMODEL WATER

DAMAGED AREAS OF THE POLICE DEPARTMENT BUILDING IN THE AMOUNT OF $239,000.00 PURSUANT TO CEQA GUIDELINE 15301
SUMMARY: The Police Department building operates 24 hours a day, 7 days a week and hosts offices and facilities for the entire Hillsborough Police Department. A series of heavy winter storms including the
December 31, 2022 storm resulted in significant flooding of and water damage to the Police Department building and basement. The water damage resulted in mold infestation, requiring remediation and demolition, as documented during mold inspections conducted in January 2023.

The Public Works Department worked with the Police Department and Building Department to assess the storm damage, conduct emergency interior demolition and mold mitigation (including removal of water damaged walls, flooring and insulation by an outside specialty contractor) to prevent further mold growth and
address continued water intrusion issues.

Following the successful mold abatement, the Public Works Department, in coordination with the Police Department, issued a request for public bids to remodel-in-kind approximately 1,200 square feet of water damaged areas. The Town provided contractors with a scope of work, remodel floor plans and the
opportunity to conduct site visits to assess the proposed remodel area.

Three sealed bids were received from construction contractors who have Department of Justice clearance. The lowest responsible bidder was Wesley Construction Inc. in the amount of $239,000.00. Wesley Construction Inc. has successfully worked on several projects for the Town of Hillsborough in the past, including work on the remodel of the Central County Fire Department Fire Station 33.

Bids received:

Wesley Construction Inc.

Selway Construction
Farallon Construction
$239,000.00
$267,233.00
$349,395.00*
*Farallon Construction included optional items not in the bid scope of work totaling $45,100.00. -49-
Agenda Staff Report - Hillsborough City Council
May 08, 2023

Page 2 ends

FISCAL IMPACT: The Police Department Basement Storm Repair and Remodel will be funded from the FY 2022-23 budget account number 10011000-5461 in the amount of $286,800.00. The Town has submitted a claim to the Town's insurance company and to FEMA for damages above the Town's coverage limits.

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

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution awarding to and authorizing the City Manager to execute the contract with Wesley Construction Inc. to remodel water damaged areas of the Police Department basement in the amount of $239,000.00 with a 20% contingency, if needed, for a total not-to-exceed cost of $286,800.00.
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RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WESLEY CONSTRUCTION INC. TO REMODEL WATER

DAMAGED AREAS OF THE POLICE DEPARTMENT BUILDING IN THE AMOUNT OF $239,000.00 PURSUANT TO CEQA GUIDELINE 15301
WHEREAS, the Town of Hillsborough Police Department building operates 24/7 and hosts offices and facilities for the entire Police Department; and WHEREAS, a series of heavy winter storms including the New Year’s Eve storm resulted in significant flooding of and water damage to the Police Department building; and
WHEREAS, the water damage resulted in mold infestation, as documented during mold inspections conducted in January 2023; and
WHEREAS the Public Works Department, in coordination with the Police Department, worked with an outside specialty mold contractor to conduct emergency interior demolition and mold mitigation to prevent further mold growth and to address continued water intrusion concerns/issues; and WHEREAS staff engaged in public bidding per Town policy and Uniform Public Construction Cost Accounting Act to obtain sealed bids to remodel-inkind approximately 1,200 square feet of water damaged areas; and WHEREAS, staff received three sealed bids, with Wesley Construction Inc. being the lowest responsible bidder submitting a responsive bid; and WHEREAS, the Police Department Basement Storm Repair and Remodel will be funded from the FY 2022-23 budget account number 10011000-5461 in the amount of $239,000.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby awards to and authorizes the City Manager to execute the contract with Wesley Construction Inc. to remodel water damaged areas of the Police Department basement in the amount of $239,000.00 with a 20% contingency, if needed, for a total not-to-exceed amount of $286,800.00.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its -51-
regular meeting held on the 8th day of May 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-52-

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

CITY COUNCIL MEETING
MAY 08, 2023

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

EXECUTE A TWO-YEAR CONTRACT WITH CHARLES ELECTRIC AND CALIFORNIA ELECTRIC COMPANY FOR ON-CALL ELECTRICAL SERVICES FOR A TOTAL NET NOT-TOEXCEED AMOUNT OF $90,000 PURSUANT TO CEQA GUIDELINE 15301 SUMMARY: The Public Works Department maintains various Town facilities including buildings, water tank sites, pump stations and stationary backup generators. The Department uses licensed electrical contractors to respond to as needed and emergency electrical maintenance and repair for these facilities.

On March 22, 2023, the Public Works Department issued a request for proposals for on-call electrical services and received four proposals. Staff reviewed the proposals and found Charles Electric and California Electric Company to be the most qualified and cost-effective on-call electrical service providers.

Both companies have performed as-needed electrical work for the Town of Hillsborough with good standing and have complementary expertise. Both companies presented the lowest overall labor costs with similar (within +/- 10%) standard and emergency labor rates.

Awarding separate contracts to both companies will provide the Town with the best possible electrical support services for the Town’s various facilities while helping to ensure that emergency electrical contract services will be available during critical incidences, such as a water or sewer pump station failure.

The total net not-to-exceed amount of $90,000 ($45,000 per contract for the two year period), with an option to extend one or both contracts for a third year, for a total three-year not-to-exceed amount of $120,000 ($60,000 total per contract).

FISCAL IMPACT: The On-Call Electrical Services Contracts funding will be allocated from various contractual general accounts from the FY 2022-23 and FY 2023-24 budgets.

ENVIRONMENTAL ISSUES: California Environmental Quality Act according to Section 15301 of the California Code of Regulations.

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
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Agenda Staff Report - Hillsborough City Council
May 08, 2023

Page 2 ends

RECOMMENDATION: Adopt the resolution awarding to and authorizing the City Manager to execute two-year contracts with Charles Electric and California Electric Company to provide on-call electrical contract services for a total net not-to-exceed amount of $90,000 ($45,000 per contract for the two year period), with an option to extend one or both contracts for a third year, for a total three-year not-to-exceed amount of $120,000 ($60,000 total per contract). -54-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE TWOYEAR CONTRACTS WITH CHARLES ELECTRIC AND CALIFORNIA ELECTRIC

COMPANY FOR ON-CALL ELECTRICAL SERVICES FOR A TOTAL NET NOT-TO EXCEED AMOUNT OF $90,000 PURSUANT TO CEQA GUIDELINE 15301 WHEREAS, the Public Works Department (“Department”) maintains various Town facilities including buildings, water tank sites, pump stations and stationary backup generators; and
WHEREAS, the Department uses licensed electrical contractors to respond to asneeded and emergency electrical maintenance and repair for these facilities; and
WHEREAS, Public Works Department issued a request for proposals for on-call electrical services and received four proposals; and
WHEREAS, found Charles Electric and California Electric Company to be the most qualified and cost-effective on-call electrical service providers; and WHEREAS, awarding separate contracts to both companies will provide the Town with the best possible electrical support services for the Town’s various facilities while helping to ensure that emergency electrical contract services will be available during critical incidences, such as a water or sewer pump station failure; and
WHEREAS, funding will be allocated from various contractual general accounts from the FY 2022-23 and FY 2023-24 budgets.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby awards to and authorizes the City Manager to execute two-year contracts with Charles Electric and California Electric Company to provide on-call electrical contract services for a total net not-to-exceed amount of $90,000 ($45,000 per contract for the two year period), with an option to extend one or both contracts for a third year, for a total three-year not-to-exceed amount of $120,000 ($60,000 total per contract).

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-56-

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

CITY COUNCIL MEETING
MAY 08, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVE THE ANNUAL “MILITARY EQUIPMENT” REPORT AND RENEW ORDINANCE NO. 785 REGARDING A MILITARY EQUIPMENT POLICY PURSUANT TO CEQA GUIDELINE 15061(B)(3)
SUMMARY: On September 30, 2021, Governor Newsom signed Assembly Bill No. 481 (Government Code sections 7070-7075) into law, requiring law enforcement agencies to adopt a military equipment use policy (“Policy”), as well as obtain annual re-approval from City Council of the Policy in order to continue the use of previously acquired military equipment. The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military.

Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The list of items considered “military equipment” by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety.

Pursuant to AB 481, the Hillsborough Police Department prepared a Military Equipment Policy which was adopted by Ordinance No. 785 of the City Council on May 9, 2022. AB 481 requires the submission of an annual military equipment report to the governing body which details information about how and when the military equipment was used in the preceding calendar year, including: 1) A summary of how the military equipment was used and purpose of its use. 2) A summary of any complaints or concerns received concerning the military equipment. 3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. 4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year submission of the annual military equipment report. 5) The quantity possessed for each type of military equipment. 6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. The annual military equipment report for the calendar year 2023 is attached.

Also included as Attachment 3 is the updated inventory list of military equipment that the Department maintains, in accordance with Government Code section 7072. The list also includes, in the interest of complete transparency, the equipment owned and utilized by the regional 7-city SWAT Team, as Hillsborough relies from time to time on that team’s services to supplement its own police operations. The use of the military equipment identified on the inventory list is vital to the Department’s mission and will continue to be strictly regulated through internal processes and oversight.
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Agenda Staff Report - Hillsborough City Council
May 08, 2023

Page 2 ends

Ordinance No. 785 and the adopted Policy provide for safeguards to the public’s safety, welfare, and civil rights and ensure transparency, oversight and accountability measures are in place. The Department will continue to be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to the City Council the use of this equipment, and seek approval prior to acquiring any additional military equipment.

The annual military equipment report for the calendar year 2022 is being submitted to the City Council for consideration at its regular meeting of May 8, 2023, at which time members of the public may discuss and ask questions. Members of the public may contact Captain Nelson Corteway at any time via email at [email protected] or 650-375-7552 with any questions or concerns. Also, visit the Town of Hillsborough’s Public Meeting web page for information on all upcoming public meetings.

FISCAL IMPACT: The cost of the current equipment is presently funded and included in the Fiscal Year budget for 2023. Funding requests for additional equipment not already included in the Department’s budget will return to Council for approval on an as-needed basis.

ENVIRONMENTAL ISSUES: The City Council’s action to approve the annual report and to renew its military equipment ordinance is not a project subject to the California Environmental Quality Act, as it can be seen with certainty that the action will not have a significant effect on the environment pursuant to CEQA Guideline 15061(b)(3).

ATTACHMENTS:

1. Military Equipment Ordinance No. 785

2. Military Equipment Use Policy

3. Military Equipment Inventory

4. Annual Military Equipment Report, Prepared Pursuant to Government Code § 7072 PREPARED BY: Nelson Corteway, Police Captain
RECOMMENDATION: That the City Council, by motion, approve the Military Equipment Annual Report and renew Ordinance No. 785 regarding a Military Equipment Policy, pursuant to CEQA Guideline 15061(b)(3).
-58-
ORDINANCE NO. 785
(UNCODIFIED) ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF

HILLSBOROUGH ADOPTING A MILITARY EQUIPMENT USE POLICY AND

ADDING THE POLICY TO THE HILLSBOROUGH POLICE DEPARTMENT POLICY MANUAL

THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH HEREBY FINDS AND ORDAINS:

WHEREAS, on September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and Assembly Bill ("AB") 481 in particular requires law enforcement agencies to adopt a special or military equipment use policy ("Policy") prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. The Policy must be adopted by ordinance at a regular meeting of the governing body (the City Council) for that agency; and WHEREAS, AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or inkind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency's territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481 's scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
WHEREAS, in accordance with AB 481, the proposed Policy will be made available on the Police Department's website within 30 days of the public hearing by the City Council to adopt the Policy. Once adopted, the Policy will be made publicly available on the Police Department's website for as long as the covered military equipment is available for use; and WHEREAS, in accordance with AB 481, the Policy is being placed on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance. -59-
NOW, THEREFORE, the City Council of the Town of Hillsborough does ordain as follows:

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. Findings.

Pursuant to Government Code§ 7071(d)(l), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Section 3. Military Equipment Use Policy Adopted.

In light of the findings set forth in Section 2, and in accordance with AB 481, the Policy attached hereto as Exhibit "A" and incorporated in full by reference is hereby adopted by the City Council.

Section 4. Effective Date.

This ordinance takes effect thirty (30) days after adoption.

Section 5. Severability.

If any provision of this ordinance or its application to any person orcircumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or applicationand, to this extent, the provisions of this ordinance are hereby declared to be severable.

Section 6. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section -60-
36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the Town of Hillsborough, California, and cause a summary to be published once within fifteen (15) days after its adoption in accordance with Government Code section 36933.

Section 7. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not resultin a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Codeof Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change tothe environment, directly or indirectly.

ORDINANCE NO. 785 of the Town of Hillsborough introduced on April 11, 2022, and adopted on May 9, 2022, by the following vote of the City Council:

AYES: Councilmembers Royse, Krolik, Chuang, Cole, May
NOES: Councilmembers None
ABSENT: Councilmembers None
ABSTAIN: Councilmembers None
-----------------------
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Military Equipment
Hillsborough Police Department

POLICIES

EXHIBIT A
---------------------------- Policy
709
Hillsborough Police Department

POLICIES
Military Equipment
709.1 PURPOSE, SCOPE AND PHILOSOPHY
This policy establishes guidelines for the acquisition, funding, use and reporting of "military equipment," as the term is defined in Government Code section 7070. This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 (2021) (AB 481). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirementsrelated to compliance, annual reporting, cataloging, and complaints regarding these items.

It is the policy of the Hillsborough Police Department (Department) that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

The acquisition of military equipment and its deployment in our communities may impact the public's safety and welfare. AB 481 has declared that the public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.

Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The City Council.

Law enforcement agency - the Town of Hillsborough's Police Department Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

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Military Equipment
Hillsborough Police Department

POLICIES
does not include a handheld, one-person ram .
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code§ 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• T ASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by the governing body or a state agency to requireadditional oversight.
709.2 POLICY
It is the policy of the Hillsborough Police Department that members of this Department comply with provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Hillsborough Police Department (Government Code § 7071 ). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department's funding , acquisition, and use of military equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (GovernmentCode § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

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Military Equipment
Hillsborough Police Department

POLICIES
the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
A list of equipment currently held by the Department or in coordination with another local agency is attached to this Policy as Exhibit "A" and incorporated into this Policy by reference. The inventory list will be updated each year as part of the annual report required pursuant to AB 481 . [OPTIONAL: We recommend adding the below redline section as a new 709.5 (and renumbering the subsequent sections accordingly) but it's not required.] 709.5 MILITARY EQUIPMENT USAGE GUIDELINES
The Hillsborough Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.

Exhibit A identifies the various types, descriptions, and guidelines for usage of military equipment currently employed by the Hillsborough Police Department.

Please note that all manufacturer descriptions contained within Exhibit A are referenced via publicly accessible website source citations. The website source citations utilized in this policy are for military equipment descriptive purposes only, and are not an endorsement by the Town or the Hillsborough Police Department of a particular product or vendor 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing or ordinance introduction concerning the military equipment at issue (Government Code§ 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code§ 7071 ):
(a) Requesting military equipment made available pursuant to 1 O USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

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Military Equipment
Hillsborough Police Department

POLICIES
donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use military equipment that is not included in this policy.

If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
• If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council. • Include the military equipment in the Department's next annual military equipment report. 709.7 COORDINATION WITH OTHER JURISDICTIONS
Absent exigent circumstances, military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.
709.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code§ 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

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Military Equipment
Hillsborough Police Department

POLICIES
709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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HILLSBOROUGH POLICE DEPARTMENT

MILITARY EQUIPMENT LIST
2022 Hillsborough Police Department Military Equipment List:

POLICY 709

EXHIBIT A
The Hillsborough Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use.

Regardless, California Government Code §7071 (b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. This inventory list is accordingly provided in connection with an Ordinance of the City Council of the Town of Hillsborough adopting a Military Equipment Use Policy for use by the Hillsborough Police Department.

California Government Code §7070 provides a list of equipment types that are "military equipment" for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Hillsborough Police Department, or reasonably likely to be deployed in Hillsborough by other law enforcement partners.

Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the Hillsborough Police Department will submit to the Hillsborough City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Hillsborough City Council will use the Annual Military Equipment Report as a mechanism to ensure the Hillsborough Police Department's compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
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1. Via email to: [email protected]

2. Via phone call to: (650) 375-7470

3. Via mail sent to:

The Hillsborough Police Department
Attn: Military Equipment Use Coordinator
1600 Floribunda Avenue
Hillsborough, CA 94010
The Hillsborough Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

The remainder of this Military Equipment Use Inventory List is divided into two sections.

Section One lists qualifying equipment that is owned and/or utilized by the Hillsborough Police Department. Section Two lists qualifying equipment that is not owned or regularly utilized by the Hillsborough Police Department, but which is known to be owned and/or utilized by law enforcement units with which the Hillsborough Police Department collaborates and/or participates for law enforcement purposes.

Section One: Qualifying Equipment Owned/Utilized by the Hillsborough Police Department

1. Unmanned Aerial Vehicles (Category 1) - Description, quantity, capabilities, purchase cost a. Equipment Type: Unmanned Aircraft Systems (UAS/Drones)- CA Gov't Code §7070(c)(1)
b. Quantity Owned/Sought: 1 owned
c. Lifespan: Approximately 5 years
d. Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by optical zoom lenses.
e. Manufacturer Product Description:

Mavic Air 2: The OJI Mavic Air 2 combines a foldable and portable frame with a high-end camera system. The 3-axis gimbal sports a 1/2" CMOS sensor capable of capturing 8K Hyperlapse time-lapse shots, 4K60 video, 240 fps slow-motion 1080p video, and up to 48MP stills. In addition, both photos and video can be captured in HOR. All footage can be saved to 8GB of internal storage and on optional SD cards up to 256GB in size.

The OJI Mavic Air 2 contains a host of built-in tracking technologies and intelligent obstacle avoidance. Focus-Track combines three different tracking features with abilities that include tracking of subjects and following predetermined flight paths. The Advanced Pilot Assistance Systems 3.0 (APAS) is aware of the Mavic Air 2 in 30 space and its proximity to people and objects to help avoid accidental collisions. Return to Home (RTH) and -68-
precision landing options are supported so one can easily and safely retrieve the drone when the mission is complete.

A 3500mAh battery can keep the Mavic Air 2 flying for up to 34 minutes at a time. While in the air, one can fly the drone at speeds up to 43 mph up to 11 .5 miles away. The included remote controller supports Ocu-Sync 2.0 technology to provide one with flight telemetry data and a live view of what the drone sees on an attached viewing device. It can transmit up to 1080p quality video from up to 6.2 miles away.
f. Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Drone operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
g. Training Required : Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.
h. Purpose:

UAS/Drones may be utilized to enhance the Department's mIssIon of protecting lives and property when other means and resources are not available or are less effective. To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Search and rescue, including for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. Suspect apprehension.
vi. Tactical operations and scene security.
vii. Crisis communication.
viii. Response to specific requests from local, state or federal fire authorities for fire response, rescue, evacuation, and/or prevention. ix. Hazardous material monitoring, such as a chemical spill or similar event.
x. Terrorist/ active shooter event and response.
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i. Authorized Use:

Only assigned flight operators who have completed the required training shall be permitted to operate the DJI Mavic Air 2 during approved flight.

All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 324 - Search and Seizure, HPD Policy 334 - Missing Persons, HPD Policy 613 - Unmanned Aerial System Operations, HPD Policy 706 - Vehicle Use, HPD Policy 408 -Special Weapons and Tactics.
j. Expected Lifespan:
10 years.
k. Fiscal Impact:

The initial costs of equipment, licensing, software, and training was approximately $10,000 which included the procurement of a Certificate of Authorization (COA) from the FAA through Skyfire Consultants. Ongoing cost associated with current UAS operation and maintenance is estimated to be less than $1000 per year.

2. Breaching Apparatus: Slugs (Category 7) - Description, quantity, capabilities, purchase cost
a. Equipment Type:

Royal Arms Tesar-1, 2, & 4 cost: $1,000, quantity: 250. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure. The powder is designed to dissipate after striking the lock throw to minimize entry into the target space for the safety of occupants and officers. Designed to breach heavy locks, dead-bolts, and hinges mounted inside of solid oak or steel doors. Royal Arms Tesar2 rounds are good until expended if stored properly. Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists.

Tesar 1 (model FE182) defeat wood doors, locks, and hinges.

Tesar 2 (model FE183) defeat locks, dead-bolts and hinges (oak-steel doors).

Tesar 4 (model FE185) defeat Class 3 doors, locks, and hinges. b. Purpose:
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To defeat door locking mechanisms and safely enter a structure. c. Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 324 -Search and Seizure, HPD Policy 408 Special Weapons and Tactics.
d. Expected Lifespan: Until expended.
e. Fiscal Impact:

Individual unit price of approximately $4 each. Estimated between $0 and $1,000 annually.

3. Specialized Firearms and Ammunition (Equipment Category 10) - Description, quantity, capabilities, purchase cost
a. Equipment Type:

The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a magazine fed , shoulder fired firearm, designed for semi-automatic fire. Benefits of a shoulder fired semiautomatic rifle over the traditionally carried handgun is increased accuracy which helps to minimize collateral injury or death.

The Carbine Rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter.

The projectile is capable of penetrating soft body armor being worn by armed subjects. Bushmaster AR-15/M4, cost: $16,500, quantity: 11, Colt AR15, cost: $18,000, quantity: 12, Troy AR15, cost: $6,800, quantity: 4.

I. The Speer Gold Dot .223 Remington, 55 grain, soft point cartridge is the primary duty ammunition deployed during potential lethal encounters. The Gold Dot bullet is
optimized to ensure expansion out of barrels down to 1 0" at a wide variety of velocities out to 200 yards. The Gold Dot in .223 caliber ammunition can be used in department rifles chambered in both .223 and newer rifles chambered in 5.56, extending the service life of older .223 chambered rifles. Cost: $1,500, quantity: 2000.

II. The Winchester 5.56 Remington , 55 grain full metal jacket cartridge is the primary training ammunition used with department rifles while offering a lower cost
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alternative compared to duty use ammunition. Cost:
$10,472, quantity: 28,000.

Ill. Centurion Arms Mark 12 precIsIon AR15. This rifle
bridges the gap between standard AR15 rifle and the GA
Precision .308 rifle, cost: $2,500, quantity: 1.

IV. The Black Hills OTM 5.56, 77 grain, cartridge is duty ammunition has a superior ballistic coefficient and
performance to any comparable projectile in its weight
class. Its OTM design provides accurate performance
during critical incidents. This Black Hills 5.56mm NATO cartridge was designed for AR-15 platform firearms. The Black Hills 5.56mm NATO is loaded with a 77 grain , OTM bullet. The bullets are extremely accurate and have thin jackets that are held to exact tolerances in diameter and weight. Their accuracy has been renowned worldwide.

Cost: $5,334, quantity: 6,000.

V. The Hillsborough Police Department Special Weapons and Tactics (SWAT) was formed in 1996, in response to very
dangerous or violent tactical encounters. The SWAT
Precision marksman element deploys with precision rifles, which enables the stopping of an armed subject at a safe distance. The Precision Rifle does not have an expiration and will need to be serviced or replaced when the Rifle fails or breaks. Hillsborough Police precision rifles include the Centurion Arms Mark 12 precision AR 15 with Black Hills OTM 5.56, 77 grain ammunition, and GA Precision .308
semiauto rifle with RUAG .308 164 gran/196 grain
ammunition.

The .308 Winchester cartridge: is a rimless, bottlenecked rifle cartridge. The .308 WIN. cartridge is used as a Lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. GAPrecision GAP 10 Rifle cost: $7,842,
quantity: 2.

VII. The RUAG .308 WIN., 196 grain, Armor Piercing
cartridge is ammunition deployed during potential lethal encounters, when shooting through heavy barriers. The
196 grain projectile is capable of accurately striking
targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or
fragment when penetrating armor, which does not allow
an accurate hit. Cost: $900, quantity: 200
VIII. Selections of which of the above ammunition to use is dependent on the threat and the environment (to include barriers, weather conditions, distance, uninvolved
parties, etc.

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use:

Only members that are POST certified and complete yearly required qualification and training are authorized to use an AR rifle. Only members of the Hillsborough SWAT team are authorized to use precision rifles after completing the required CA-POST required training and monthly qualification/training. All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 300 - Use of Force, HPD Policy 313.6 - Firearms Training and Qualifications, HPD Policy 408 - Special Weapons and Tactics.
d. Expected Lifespan:

I. AR 15 Rifle - Approximately 10 years.

II. The Speer .223 Remington, 55 grain - No expiration.

Ill. The Winchester 5.56 FMJ, 55 grain- No expiration.

IV. Centurion Designated Marksman rifle -Approximately 10 years.

V. The Hornady .223 Remington, OTM, 77 grain - No expiration.

VI. Precision 308 Rifle-Approximately 10 years.

VII. The RUAG .308 WIN. , 164 grain-No expiration.

VIII. The RUAG .308 WIN. , 196 grain-No expiration.
e. Fiscal Impact:

I. AR15 Rifle-Annual cost between $0-$41,300 (purchased over 20 years).

II. The Speer .223 Remington, 55 grain-Annual cost between $0-$1,500.

Ill. The Winchester 5.56 FMJ, 55 grain-Annual cost between $0-$10,472.

IV. Centurion Designated Marksman rifle -Annual cost between $0-$2,500.

V. The Black Hills .223 Remington, 77 grain-Annual cost between $0- $5,334.

VI. GA Precision GAP 10, .308 Rifle-Annual cost between $0-7,842.

VII. The RUAG .308 WIN., 164 grain -Annual cost between $0 - $1 ,720. -73-
VIII. The RUAG .308 WIN., 196 grain -Annual cost between $0 - $900.

4. Flashbangs (Category 12) - Description, quantity, capabilities, purchase cost a. Equipment Type:

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. b. Purpose:

I. NFDD CTS 7290 emits a loud "bang" and a flash of light, cost:
$905, quantity: 20.

To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. c. Authorized Use:

Diversionary Devices shall only be used:
i. By HPD officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety.
v. During training exercises.

All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 300 - Use of Force, HPD Policy 408 - Special Weapons and Tactics.
d. Expected Lifespan:

NFDD 7290M - 5 years.
e. Fiscal Impact:

NFDD 7290M -Annual cost between $0 - $905.

5. PepperBall Launcher (Category 12) - Description, quantity, capabilities, purchase cost (Not in service-pending)
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a. Equipment Type:

PepperBall FTC launcher system that uses high pressure air to deliver PAVA powder projectiles (similar to a paint ball delivery system). System capable of launching projectiles at a subject up to 60'. System capable of area saturation up to 160'. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De-Escalation tool used to avoid further injuries or lethal options on a subject. Cost: $1,200, quantity: 4.

PepperBall LIVE PROJECTILE, the basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder.8230. Cost: $3,412 quantity: 1500 PepperBall VXR LIVE-X PROJECTILE: The VXR Live-X Projectile is a non-lethal round.

The projectile contains approximately 1 Ox the PAVA of the VXR LIVE projectile. This projectile is best for direct impact or area saturation.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280- 425 FPS. The projectile has a direct impact of 150ft and an area of saturation of 150+ft. 390+ft. The projectile contains 2.5% PAVA powder.

Cost: pending quantity: pending.
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. PepperBall FTC launchers give officers the ability to address an armed and/or violent suspect(s) with non-lethal munitions that deliver both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s). Due to its design, pepper balls can be delivered from a larger standoff distance allowing for added degree of officer safety. Situations for use of the less lethal weapon systems may include but are not limited to:

I. Self-destructive, dangerous and/or combative individuals.

II. RioUcrowd control and civil unrest incidents.

Ill. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

V. Training exercises or approved demonstrations.
c. Authorized Use:

Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 300 - Use of Force.
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d. Expected Lifespan:

I. Pepper Ball FTC launcher system: No expiration.

II. Live Projectile: 1 year.

Ill. Live-X Projectile: 1 year.

Fiscal Impact:

I. PepperBall Launcher: estimated between $0 and $1,200 annually.

II. Live Projectile: estimated between $0 and (pending) annually.

Il l. Live-X Projectile: estimated between $0 and (pending) annually.

Section Two: Qualifying Equipment known to be owned and/or utilized by law enforcement units with which the Hillsborough Police Department collaborates and/or participates for law enforcement purposes

1. Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov't Code §7070(c)(1)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Approximately 15 years
c. Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders .
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel. f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). h. Training Required : The North County Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.
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i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

2. Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov't Code §7070(c)(2)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Unknown
c. Equipment Capabilities: Capable of transporting personnel and equipment while providing them with armored protection from gunfire. d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: To move personnel and/or resources in support of tactical operations in which there is reason to expect potential armed resistance requiring protection.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection.
h. Training Required : The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive MRAP vehicles.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does · not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

3. Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov't Code §7070(c)(3)
a. Quantity Owned/Sought: None (outside owned)
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b. Lifespan: Unknown.
c. Equipment Capabilities: Capable of breaching doors, gates, and other points of entry.
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: Breaching doors, gates, and other points of entry.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive breaching vehicles.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

4. Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov't Code §7070(c)(7)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Unknown.
c. Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry.
d. Manufacturer Product Description : Unavailable.
e. Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry.
f. Fiscal Impacts: None. Equipment owned, maintained , and operated by another agency.
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g. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

5. Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov't Code §7070(c)(12)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Unknown.
c. Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical.
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Tear gas and pepper balls can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
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h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

6. Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov't Code §7070(c)(13)
a. Quantity Owned/Sought: None (outside owned).
b. Lifespan: Unknown.
c. Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path.
d. Manufacturer Product Description: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path. e. Purpose/Authorized Uses: Can be used to disperse unlawful crowds and/or to disrupt the activities of person(s) who represent an immediate threat to others.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While -80-
the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.
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Hillsborough Police Department

POLICIES
Military Equipment
Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

Published with permission by Hillsborough Police ***DRAFT*** Military Equipment - 1 Hillsborough Police Department

It is the policy of the Hillsborough Police Department (Department) that there are legally enforceable safeguards,including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

Governing body – The City Council.

Law enforcement agency – the Town of Hillsborough’s Police Department Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This Policy
709
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ATTACHMENT 2
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Hillsborough Police Department

POLICIES
Military Equipment
Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

Published with permission by Hillsborough Police ***DRAFT*** Military Equipment - 2 does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by the governing body or a state agency to requireadditional oversight.
709.2 POLICY
It is the policy of the Hillsborough Police Department that members of this Department comply with provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Hillsborough Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department's funding, acquisition, and use of military equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (GovernmentCode § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how -191- -83-
Hillsborough Police Department

POLICIES
Military Equipment
Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

Published with permission by Hillsborough Police ***DRAFT*** Military Equipment - 3 the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
A list of equipment currently held by the Department or in coordination with another local agency is attached to this Policy as Exhibit “A” and incorporated into this Policy by reference. The inventory list will be updated each year as part of the annual report required pursuant to AB 481. [OPTIONAL: We recommend adding the below redline section as a new 709.5 (and renumbering the subsequent sections accordingly) but it’s not required.] 709.5 MILITARY EQUIPMENT USAGE GUIDELINES
The Hillsborough Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

Exhibit A identifies the various types, descriptions, and guidelines for usage of military equipment currently employed by the Hillsborough Police Department.

Please note that all manufacturer descriptions contained within Exhibit A are referenced via publicly accessible website source citations. The website source citations utilized in this policy are for military equipment descriptive purposes only, and are not an endorsement by the Town or the Hillsborough Police Department of a particular product or vendor 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing or ordinance introduction concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other -192- -84-
Hillsborough Police Department

POLICIES
Military Equipment
Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

Published with permission by Hillsborough Police ***DRAFT*** Military Equipment - 4 donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use military equipment that is not included in this policy.

If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
• If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council. • Include the military equipment in the Department’s next annual military equipment report. 709.7 COORDINATION WITH OTHER JURISDICTIONS
Absent exigent circumstances, military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.
709.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

POLICIES
Military Equipment
Copyright Lexipol, LLC 2022/03/13, All Rights Reserved.

Published with permission by Hillsborough Police ***DRAFT*** Military Equipment - 5 709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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HILLSBOROUGH POLICE DEPARTMENT

MILITARY EQUIPMENT LIST
2022 (Calendar year) Hillsborough Police Department Military Equipment List:

The Hillsborough Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was specifically designed for military use.

Regardless, California Government Code §7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. This inventory list is accordingly provided in connection with an Ordinance of the City Council of the Town of Hillsborough adopting a Military Equipment Use Policy for use by the Hillsborough Police Department.

California Government Code §7070 provides a list of equipment types that are “military equipment” for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Hillsborough Police Department, or reasonably likely to be deployed in Hillsborough by other law enforcement partners.

The Hillsborough City Council will use the Annual Military Equipment Report as a mechanism to ensure the Hillsborough Police Department’s compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

1. Via email to: [email protected]

2. Via phone call to: (650) 375-7470

3. Via mail sent to:

Section One: Qualifying Equipment Owned/Utilized by the Hillsborough Police Department1

1. Unmanned Aerial Vehicles (Category 1) - Description, quantity, capabilities, purchase cost a. Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1)
b. Quantity Owned/Sought: 1 owned / 1 sought in FY2023/2024 c. Lifespan: Approximately 5 years
d. Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by optical zoom lenses.
e. Manufacturer Product Description:

Mavic Air 2: The DJI Mavic Air 2 combines a foldable and portable frame with a high-end camera system. The 3-axis gimbal sports a 1/2″ CMOS sensor capable of capturing 8K Hyperlapse time-lapse shots, 4K60 video, 240 fps slow-motion 1080p video, and up to 48MP stills. In addition, both photos and video can be captured in HDR. All footage can be saved to 8GB of internal storage and on optional SD cards up to 256GB in size.

The DJI Mavic Air 2 contains a host of built-in tracking technologies and intelligent obstacle avoidance. Focus-Track combines three different tracking features with abilities that include tracking of subjects and following predetermined flight paths. The Advanced Pilot Assistance Systems 3.0 (APAS) is aware of the Mavic Air 2 in 3D space and its proximity to people and objects to help avoid accidental collisions. Return to Home (RTH) and precision landing options are supported so one can easily and safely retrieve the drone when the mission is complete.

A 3500mAh battery can keep the Mavic Air 2 flying for up to 34 minutes at a time. While in the air, one can fly the drone at speeds up to 43 mph up to 11.5 miles away. The included remote controller supports Ocu-Sync 2.0 technology to provide one with flight telemetry data and a live view of what the drone sees on an attached viewing device. It can transmit up to 1080p quality video from up to 6.2 miles away.
1 Quantities possessed by the Department as identified in this inventory list may be subject to change throughout the year based on usage, replacement, and urgent Department needs. Any fluctuations in equipment quantity will be reported to the City Council in accordance with AB 481 each year. -88- f. Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Drone operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
g. Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.
h. Purpose:

UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Search and rescue, including for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. Suspect apprehension.
vi. Tactical operations and scene security.
vii.Crisis communication.
viii. Response to specific requests from local, state or federal fire authorities for fire response, rescue, evacuation, and/or prevention. ix. Hazardous material monitoring, such as a chemical spill or similar event.
x. Terrorist / active shooter event and response.
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i. Authorized Use:

Only assigned flight operators who have completed the required training shall be permitted to operate the DJI Mavic Air 2 during approved flight.

All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 324 – Search and Seizure, HPD Policy 334 – Missing Persons, HPD Policy 613 – Unmanned Aerial System Operations, HPD Policy 706 – Vehicle Use, HPD Policy 408 –Special Weapons and Tactics.
j. Expected Lifespan:
10 years.
k. Fiscal Impact:

2. Breaching Apparatus: Slugs (Category 7) - Description, quantity, capabilities, purchase cost
a. Equipment Type:

Royal Arms Tesar-1, 2, & 4 cost: $1,000, quantity: 200. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure. The powder is designed to dissipate after striking the lock throw to minimize entry into the target space for the safety of occupants and officers. Designed to breach heavy locks, dead-bolts, and hinges mounted inside of solid oak or steel doors. Royal Arms Tesar2 rounds are good until expended if stored properly. Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists.

Tesar 1 (model FE182) defeat wood doors, locks, and hinges.

Tesar 2 (model FE183) defeat locks, dead-bolts and hinges (oak-steel doors).

Tesar 4 (model FE185) defeat Class 3 doors, locks, and hinges. b. Purpose:

To defeat door locking mechanisms and safely enter a structure. -90-
c. Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 324 – Search and Seizure, HPD Policy 408 Special Weapons and Tactics.
d. Expected Lifespan: Until expended.
e. Fiscal Impact:

Individual unit price of approximately $4 each. Estimated between $0 and $1,000 annually.

3. Specialized Firearms and Ammunition (Equipment Category 10) - Description, quantity, capabilities, purchase cost
a. Equipment Type:

The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a magazine fed, shoulder fired firearm, designed for semi-automatic fire. Benefits of a shoulder fired semiautomatic rifle over the traditionally carried handgun is increased accuracy which helps to minimize collateral injury or death.

I. The Speer Gold Dot .223 Remington, 55 grain, soft point cartridge is the primary duty ammunition deployed during potential lethal encounters. The Gold Dot bullet is
optimized to ensure expansion out of barrels down to 10” at a wide variety of velocities out to 200 yards. The Gold Dot in .223 caliber ammunition can be used in department rifles chambered in both .223 and newer rifles chambered in 5.56, extending the service life of older .223 chambered rifles. Cost: $1,500, quantity: 2000.

II. The Winchester 5.56 Remington, 55 grain full metal
jacket cartridge is the primary training ammunition used with department rifles while offering a lower cost
alternative compared to duty use ammunition. Cost:
$10,472, quantity: 28,000.
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III. Centurion Arms Mark 12 precision AR15. This rifle
bridges the gap between standard AR15 rifle and the GA
Precision .308 rifle, cost: $2,500, quantity: 1.

IV. The Black Hills OTM 5.56, 77 grain, cartridge is duty ammunition has a superior ballistic coefficient and
performance to any comparable projectile in its weight
class. Its OTM design provides accurate performance
during critical incidents. This Black Hills 5.56mm NATO cartridge was designed for AR-15 platform firearms. The Black Hills 5.56mm NATO is loaded with a 77 grain, OTM
bullet. The bullets are extremely accurate and have thin jackets that are held to exact tolerances in diameter and weight. Their accuracy has been renowned worldwide.

Cost: $5,334, quantity: 6,000.

V. The Hillsborough Police Department Special Weapons and Tactics (SWAT) was formed in 1996, in response to very
dangerous or violent tactical encounters. The SWAT
Precision marksman element deploys with precision rifles, which enables the stopping of an armed subject at a safe distance. The Precision Rifle does not have an expiration and will need to be serviced or replaced when the Rifle fails or breaks. Hillsborough Police precision rifles include the Centurion Arms Mark 12 precision AR15 with Black Hills
OTM 5.56, 77 grain ammunition, and GA Precision .308
semiauto rifle with RUAG .308 164 gran/196 grain
ammunition.

VI. The RUAG .308 WIN., 164 grain, Tactical cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 164-grain projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection Conventional bullets break apart or
fragment when penetrating glass, which does not allow an accurate hit. Cost: $1,720, quantity: 600
VII. The RUAG .308 WIN., 196 grain, Armor Piercing
cartridge is ammunition deployed during potential lethal -92-
encounters, when shooting through heavy barriers. The
196 grain projectile is capable of accurately striking
targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or
fragment when penetrating armor, which does not allow
an accurate hit. Cost: $900, quantity: 200
VIII. Selections of which of the above ammunition to use is dependent on the threat and the environment (to include barriers, weather conditions, distance, uninvolved
parties, etc.
b. Purpose:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use:

Only members that are POST certified and complete yearly required qualification and training are authorized to use an AR rifle. Only members of the Hillsborough SWAT team are authorized to use precision rifles after completing the required CA-POST required training and monthly qualification/training. All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 300 – Use of Force, HPD Policy 313.6 – Firearms Training and Qualifications, HPD Policy 408 – Special Weapons and Tactics.
d. Expected Lifespan:

I. AR15 Rifle – Approximately 10 years.

II. The Speer .223 Remington, 55 grain – No expiration.

III. The Winchester 5.56 FMJ, 55 grain- No expiration.

IV. Centurion Designated Marksman rifle -Approximately 10 years.

V. The Hornady .223 Remington, OTM, 77 grain – No expiration.

VI. Precision 308 Rifle-Approximately 10 years.

VII. The RUAG .308 WIN., 164 grain-No expiration.

VIII. The RUAG .308 WIN., 196 grain-No expiration.
e. Fiscal Impact:

I. AR15 Rifle-Annual cost between $0-$41,300 (purchased over 20 years).

II. The Speer .223 Remington, 55 grain–Annual cost between $0-$1,500.

III. The Winchester 5.56 FMJ, 55 grain-Annual cost between $0-$10,472.

IV. Centurion Designated Marksman rifle -Annual cost between $0-$2,500.

V. The Black Hills .223 Remington, 77 grain–Annual cost between $0- $5,334.

VI. GA Precision GAP 10, .308 Rifle-Annual cost between $0-7,842.

VII. The RUAG .308 WIN., 164 grain – Annual cost between $0 - $1,720.

VIII. The RUAG .308 WIN., 196 grain – Annual cost between $0 - $900. -93-

4. Flashbangs (Category 12) - Description, quantity, capabilities, purchase cost a. Equipment Type:

I. NFDD CTS 7290 emits a loud “bang” and a flash of light, cost:
$905, quantity: 20.
b. Purpose:

All other applicable HPD policies remain in effect, to include, but not limited to, HPD Policy 300 – Use of Force, HPD Policy 408 – Special Weapons and Tactics.
d. Expected Lifespan:

NFDD 7290M – 5 years.
e. Fiscal Impact:

NFDD 7290M – Annual cost between $0 - $905.

5. PepperBall Launcher (Category 12) - Description, quantity, capabilities, purchase cost (Not in service-pending)
-94-
a. Equipment Type:

PepperBall FTC launcher system that uses high pressure air to deliver PAVA powder projectiles (similar to a paint ball delivery system). System capable of launching projectiles at a subject up to 60’. System capable of area saturation up to 160’. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De-Escalation tool used to avoid further injuries or lethal options on a subject. Cost: $1,200, quantity: 4.

The projectile contains approximately 10x the PAVA of the VXR LIVE projectile. This projectile is best for direct impact or area saturation.

Cost: pending quantity: pending.
b. Purpose:

I. Self-destructive, dangerous and/or combative individuals.

II. Riot/crowd control and civil unrest incidents.

III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

V. Training exercises or approved demonstrations.
c. Authorized Use:

I. Pepper Ball FTC launcher system: No expiration.

II. Live Projectile: 1 year.

III. Live-X Projectile: 1 year.

Fiscal Impact:

I. PepperBall Launcher: estimated between $0 and $1,200 annually.

II. Live Projectile: estimated between $0 and $1,200 annually.

III. Live-X Projectile: estimated between $0 and $1,200 annually.

1. Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Approximately 15 years
c. Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel. f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.
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i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

2. Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov’t Code §7070(c)(2)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Unknown
c. Equipment Capabilities: Capable of transporting personnel and equipment while providing them with armored protection from gunfire. d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: To move personnel and/or resources in support of tactical operations in which there is reason to expect potential armed resistance requiring protection.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive MRAP vehicles.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

3. Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t Code §7070(c)(3)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Unknown.
-97-
c. Equipment Capabilities: Capable of breaching doors, gates, and other points of entry.
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: Breaching doors, gates, and other points of entry.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive breaching vehicles.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

4. Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov’t Code §7070(c)(7)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Unknown.
c. Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry.
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
-98-
g. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

5. Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov’t Code §7070(c)(12)
a. Quantity Owned/Sought: None (outside owned)
b. Lifespan: Unknown.
c. Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical.
d. Manufacturer Product Description: Unavailable.
e. Purpose/Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Tear gas and pepper balls can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
-99-
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.

6. Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13)
a. Quantity Owned/Sought: None (outside owned).
b. Lifespan: Unknown.
c. Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path.
d. Manufacturer Product Description: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path. e. Purpose/Authorized Uses: Can be used to disperse unlawful crowds and/or to disrupt the activities of person(s) who represent an immediate threat to others.
f. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
g. Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
h. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.
i. Other Notes: The Hillsborough Police Department participates in the North County Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department. While -100-
the Hillsborough Police Department does not own or operate this equipment, it could be used in Hillsborough by NCR SWAT if they are deployed to an incident within city limits.
-101-

TOWN OF HILLSBOROUGH
May 8, 2023 – Annual Military Equipment Report,
Prepared Pursuant to Government Code § 7072
In accordance with Government Code section 7072, the Hillsborough Police Department hereby submits for City Council review and approval the following annual military equipment report.

1. A summary of how the military equipment was used and the purpose of its use.

All military equipment owned by the Department, which is detailed in Exhibit A to the Department’s Military Equipment Use Policy, was used exclusively for the purposes designated by that Policy. In general, those purposes include use of specialized firearms and ammunition to address threats with more precision and/or from a greater distance than handguns; use of unmanned aerial and ground vehicles for enhanced investigation and community safety; use of mine resistant ambush protected vehicles (MRAP) for transporting officers and supporting personnel during high-risk tactical operations; use of a breaching shotgun and ammunition to defeat door locking mechanisms and safely enter a structure; use of wheeled vehicles with an attached breaching apparatus to breach doors, gates, and other points of entry remotely; use of noise flash diversionary devices to produce atmospheric over-pressure and brilliant white light and, as a result, can cause short‐term (6 ‐ 8 seconds) physiological/ psychological sensory deprivation to give officers a tactical advantage; use of long range acoustic devices (LRAD) to disperse unlawful crowds and/or disrupt the activities of person(s) who represent an immediate threat; use of projectile launch platforms and associated munitions to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; and use of pepper ball launchers and projectiles to limit conflict escalation and use of lethal force. In 2022, the equipment used by the Department included use of unmanned aerial vehicles (UAV) for search and rescue operations as well as crimes in progress for enhanced investigative and community safety purposes; use of ambush protected/armored vehicles for transportation of officers during high risk tactical operations. All officers received their requisite training and qualifications to commence or continue using the Department’s equipment as appropriate.

2. A summary of any complaints or concerns received concerning the military equipment.

The Department did not receive any complaints or citizen outreach concerning the Department’s Military Equipment Use Policy or ongoing use of said equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. -102-
There were no violations of the Policy, and accordingly, no audits or actions took place in response.

Costs associated with military equipment in 2022 included the maintenance of all Department equipment, as well as replacement ammunition when needed. These costs were accounted for in the City’s 2022 budget. The Department will return to City Council for approval of any budgetary requests associated with the purchase of new military equipment in 2023.

5. The quantity possessed for each type of military equipment.

The quantity for each type of military equipment, including the new equipment purchased in 2022, is listed in Exhibit A to the Military Equipment Use Policy, available on the Town’s website and in person at the Department.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Department intends to purchase one new unmanned aerial vehicle (drone) to its current fleet in the next fiscal year. This item has been accounted for in the inventory list; the Department anticipates that the funding request for this item will be approved as part of the Town’s ongoing budgetary process for the next fiscal year. Replacement ammunition for existing equipment will be purchased as needed, in accordance with Department procedures.
-103-

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

CITY COUNCIL MEETING
MAY 08, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: PUBLIC HEARING TO CONSIDER AND ADOPT RESOLUTION AMENDING RESOLUTION NO. 23-23 TO APPROVE COMCAST’S PERMIT APPLICATIONS TO: (A) RELOCATE TWO (2) NEW BATTERY CABINETS (UTILITY OUTDOOR FIXTURES) FROM 1020 CRYSTAL SPRINGS ROAD TO 1040 CRYSTAL SPRINGS ROAD; AND (B) INSTALL TWO (2) NEW BATTERY CABINETS (UTILITY OUTDOOR FIXTURES) AT 1025 VISTA ROAD, AND GRANTING COMCAST’S REQUEST FOR AN EXCEPTION TO POLICY NO. 19-01 FOR THE INSTALLATIONS, PURSUANT TO CEQA GUIDELINE 15303
SUMMARY: This item was initially brought to Council on March 13, 2023 with four locations: 1020 Crystal Springs Road, 1305 Hayne Road, 1025 Tournament Drive and 1025 Vista Road. The City Council approved three locations (1020 Crystal Springs Road, 1305 Hayne Road and 1025 Tournament Drive) pursuant to its adoption of Resolution No. 23-23. On April 10, 2023, the City Council voted to reconsider its approval at a public hearing to be conducted on May 8, 2023 but only as it relates to the two battery cabinets at the1020 Crystal Springs Road location. In addition, Town staff is bringing forth the option for the City Council to approve two battery cabinets at 1025 Vista Road as part of this public hearing.

Thus, the City Council will consider four battery cabinets at two proposed locations:
• 1040 Crystal Springs Road (Two (2) battery Cabinets initially proposed as 1020 Crystal Springs Road)
• 1025 Vista Road (Two (2) Battery Cabinets)
These are shown in Attachments 2 and 3.

In February 2021, the CPUC adopted Decision 21-02-029, Decision Adopting Wireline Provider Resiliency Strategies. The decision generally requires facilities-based wireline providers to develop comprehensive resiliency strategies to prepare for catastrophic disasters and power outages and to file resiliency plans with the CPUC. One of the requirements in the decision is a 72-hour backup power requirement for the wireline providers’ facilities in Tier 2 and Tier 3 High Fire Threat Districts providing service (meaning 9-1-1, voice, text messages, or data services). Portions of the Town are in these districts. However, the CPUC acknowledges that there may be grounds for specific facilities to be excluded from the 72-hour backup requirement, such as infeasibility or due to specific existing federal, state, tribal or local laws. Comcast holds a state video franchise issued by the CPUC under the Digital Infrastructure and Video Competition Act of 2006 to provide video services within the territorial limits of the Town. Comcast affiliates also provide voice and data services over this network under separate CPUC authorizations. Public Utilities Code Section 5885 requires the Town to allow Comcast to install, construct, and maintain a network within public rights-of-way under the same time, place, and manner as the provisions governing telephone -105-
Agenda Staff Report - Hillsborough City Council
May 08, 2023

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corporations under applicable state and federal law, including, but not limited to, the provisions of Public Utilities Code Section 7901.1.

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

1. The Applications
On April 11, 2022, Comcast submitted four (4) applications for permits to place seven (7) battery cabinets in the public right-of-way near the following locations: 1025 Vista Road; 1305 Hayne Road; 1020 Crystal Springs Road; and 1025 Tournament Drive. The proposed cabinets are each 52" H, 26" W, and 24"D, resulting in a volume of 18.77 cubic feet per cabinet or more than 37.5 cubic feet at each location, with the exception of 1025 Tournament Drive.

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

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

HMC Section 12.12.030(A) provides that only the City Council may authorize any outdoor fixture in the public right-of-way. HMC Section 12.12.030(B) requires the entity to file with the city engineer an application for a right-of-way fixture approval, accompanied by the respective fee. Comcast filed its four (4) applications and has paid the accompanying fee.

On March 13, 2023, Council approved three (3) applications for permits to place five (5) battery cabinets in the public right-of-way near the following locations: 1020 Crystal Springs Road, 1305 Hayne Road and 1025 Tournament Drive pursuant to its adoption of Resolution No. 23-23. On April 10, 2023, the City Council voted to reconsider its approval at a public hearing to be conducted on May 8, 2023 but only as it relates to the 1020 Crystal Springs Road location. The two (2) applications for 1305 Hayne Road and 1025 Tournament Drive remain approved per resolution No. 23-23. However, Council will be considering the two (2) applications for 1025 Vista Road and 1020 Crystal Springs Road (now 1040 Crystal Springs Road) for approval.

2. Public Hearing Notices
HMC Section 12.12.030(C) requires the city engineer to set applications for outdoor fixtures for public hearing before the City Council and give notice of the hearing under the Type B notice procedure set forth in Chapter 1.20. Notices for the public hearing were sent to adjoining neighbors -106-
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as required. Attachment 5 provides a copy of the notice that was sent for each location for the March 13, 2023 and the May 8, 2023 council meetings.

Public comment letters for this conceptual review item, received before 5:00 p.m. on Wednesday, May 3, 2023, are included as Attachment 8. The public comment letters received thus far primarily expressed concerns over parking, traffic, complicated locations, current private projects (including landscaping projects), aesthetics, potential toxic components of the battery cabinets and reduction in property value. Any public comment received after 5:00 p.m. on Wednesday, May 3, 2023, and prior to 4:00 p.m. on Monday, May 8, 2023, will be emailed to the City Council and posted on the Town website.

3. Required Findings for Approval
HMC Section 12.12.020 provides that prior to installation of an outdoor fixture in the public right-ofway, the entity must: (1) obtain a right-of-way fixture approval from the City Council, as set forth in HMC Section 12.12.030; (2) complete design review as set forth in HMC Section 12.12.040, if applicable; (3) comply with the requirements of HMC Section 12.12.050 and any other applicable requirements; and (4) obtain the necessary permits (for example, building permit, electrical permit, encroachment permit) from the Town's building department. a. Section 12.12.030: Right-of-way fixture approval
Consistent with HMC Section 12.12.030(C), the city engineer reviewed the plans extensively, taking into account the number and location of any other outdoor fixtures located within the public right-of-way in the vicinity of the proposed outdoor fixtures, the likelihood of the Town's need for access to the affected portion of the public right-of-way, the effect that allowing the outdoor fixtures within the right-of-way would have on parking and on traffic safety, and finds no apparent issues or cause for concern.
b. Section 12.12.040: Design review
According to Section HMC 12.12.040, utility boxes do not require design review, but are subject to the requirements of HMC Section 12.12.050. This section is not applicable. c. Section 12.12.050: Other requirements/ Policy No. 19-01 Of the requirements listed in HMC Section 12.12.050, only those under subsection (B) and (I) apply to the utility boxes; the others do not.

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

Under HMC Section 12.12.050(l), utility boxes are subject to location and screening requirements as specified and approved by the City Council by resolution in order to safeguard the health, safety -107-
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and welfare of the residents of the Town, aesthetics and local values. The City Council adopted Policy No. 19-01 in 2019, which establishes location and design standards for wireless communications facilities and other infrastructure deployments, including utility boxes.

Town staff have evaluated the Comcast battery cabinets and determined that they will comply with relevant portions of Policy No. 19-01, except that the policy requires all accessory equipment installed above ground level not to exceed nine (9) cubic feet in volume. Comcast’s proposed battery cabinets do not comply with this volume requirement, and Comcast has asked for an exception. Comcast’s letter requesting such an exception is included in Attachment 4. Approval may only be granted if an exception is also granted (discussed further below).

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

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

1. Unjustifiable from a cost/benefit analysis; or

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

3. Unadvisable for purposes of protecting the public health, safety or welfare.

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

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

Regarding B, special circumstances for an exception can be found to exist if compliance is unjustifiable, unnecessary or unadvisable. The city engineer finds that compliance is unjustifiable from a cost/benefit analysis because although the battery cabinets are larger than typical utility boxes in the Town, Comcast has represented in its exception request letter that the amount of stored energy required to provide seventy-two (72) hours of backup to its network is not compatible with the Town’s current volume limits. Further, Town staff explored the possibility of placing the battery cabinets underground as a way to mitigate noncompliance, however, due to maintenance, accessibility, and safety reasons, placing the cabinets underground was not feasible. -108-
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The city engineer also finds that compliance is unnecessary to protect public health, safety or welfare for the reasons discussed above regarding A.

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

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

5. Recommended Conditions of Approval
HMC Section 1.24.030 provides that in conjunction with recommending an exception, the city engineer shall set forth the conditions to which the exception will be subject. Attachment 6 contains such conditions that ensure the installations will be safe and secure the basic objectives of the size requirements for above ground accessory equipment found in Policy No. 19-01. Among the conditions is the requirement that, consistent with HMC Section 12.12.030(D), Comcast execute and record an agreement regarding revocable permit setting forth the circumstances under which the applicant shall be required to remove the outdoor fixture from the right-of-way.

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

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

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

Denial: If the City Council adopts a resolution denying one (1) or all of the applications, no CEQA analysis is required for any denial. Because CEQA applies only to projects undertaken, supported, -109-
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or authorized by a public agency, if the City Council denies any of the applications, they are not subject to CEQA. (Public Resources Code §21080(b)(5); CEQA Guidelines §15270).

ATTACHMENTS:

1. Resolution of Approval

2. 1025 Vista Road Application and Site Plans

3. 1040 Crystal Springs Road Application and Site Plans

4. Comcast Exception Letter

5. Public Notices

6. Recommended Approval Conditions

7. Previous Written Public Comments (March 13, 2023 City Council Meeting)

8. Public Comments Received by 5:00 p.m. on May 3, 2023 for May 8, 2023 City Council Meeting PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION:

1. Open the public hearing and receive comments;

2. Close the public hearing; and

3. Adopt the resolution approving the permit applications for 1025 Vista Road and 1040 Crystal Springs Road; and the city engineer’s recommendation to grant Comcast’s request for exception to Policy No.19-01 for the installation of four (4) battery cabinets in the public right-of-way with the conditions set forth in Attachment 6.

ALTERNATIVES:

1. Adopt the resolution approving all or one of the permit applications for the cabinets at 1025 Vista Road and 1040 Crystal Springs Road; and the city engineer’s recommendation to grant Comcast’s request for exception to Policy No. 19-01, with different conditions.

2. Deny all or one of the permit applications for 1025 Vista Road and 1040 Crystal Springs Road; and the city engineer’s recommendation to grant Comcast’s request for exception to Policy No. 19-

01. If any applications are denied, Public Utilities Code Section 5885(c)(3) requires that the City Council shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.

3. Provide preliminary direction to Town staff on appropriate findings for a resolution to be presented for consideration and adoption at a later date. -110-
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RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH APPROVING COMCAST’S PERMIT APPLICATION FOR THE INSTALLATION OF TWO (2) BATTERY CABINETS (UTILITY BOX OUTDOOR FIXTURES) AT A LOCATION IN THE PUBLIC RIGHT OF-WAY NEAR 1025 VISTA ROAD AND AMENDING RESOLUTION NO. 23-23 CONCERNING ITS PRIOR APPROVAL OF COMCAST’S PERMIT APPLICATION FOR THE INSTALLATION OF TWO (2)

BATTERY CABINETS AT A LOCATION IN THE PUBLIC RIGHT-OF-WAY NEAR 1020 CRYSTAL SPRINGS TO APPROVE THE RELOCATION OF THOSE CABINETS TO A LOCATION IN THE PUBLIC RIGHT-OF-WAY NEAR 1040 CRYSTAL SPRINGS ROAD; AND GRANTING COMCAST’S REQUEST FOR AN EXCEPTION TO POLICY NO. 19-01 FOR THESE INSTALLATIONS, PURSUANT TO CEQA GUIDELINE 15303
WHEREAS, Comcast holds a state video franchise issued by the California Public Utilities Commission (CPUC) under the Digital Infrastructure and Video Competition Act of 2006 to provide video services within the territorial limits of the Town and Comcast affiliates also provide voice and data services over this network under separate CPUC authorizations; and WHEREAS, Public Utilities Code Section 5885 requires the Town to allow Comcast to install, construct, and maintain a network within public rights-of-way under the same time, place, and manner as the provisions governing telephone corporations under applicable state and federal law, including, but not limited to, the provisions of Public Utilities Code Section 7901.1; and WHEREAS, the Town regulates the placement of outdoor fixtures, including utility boxes, located in the public right-of-way under Chapter 12.12 of the Town of Hillsborough Municipal Code (HMC) and with respect to location and design standards of infrastructure deployments in the public right-of-way, under Policy No. 19-01 Design Standards for Infrastructure Deployments; and
WHEREAS, on April 11, 2022, Comcast submitted four (4) permit applications for the installation of seven (7) battery cabinets (utility box outdoor fixtures) at locations in the public right-of-way (two (2) cabinets near 1025 Vista Road; two (2) cabinets near 1305 Hayne Road; one (1) cabinet near 1025 Tournament Drive; and two (2) cabinets near 1020 Crystal Springs Road) to comply with the 72-hour backup power requirement for wireline providers’ facilities in Tier 2 and Tier 3 High Fire Threat Districts providing 9-1-1, voice, text messages, or data service under CPUC Decision 21-02- 029, Decision Adopting Wireline Provider Resiliency Strategies (Wireline Resiliency mandate); and
WHEREAS, Comcast also sought an exception to the size limit for accessory equipment installed above ground level under Policy No. 19-01 because the volume of each proposed battery cabinet is 18.77 cubic feet, -111-
ATTACHMENT 1
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exceeding the size limit of nine (9) cubic feet set forth in Policy No. 19-01; and
WHEREAS, on March 13, 2023, at a duly noticed public hearing, after hearing presentations from Town staff and receiving all public comments on each of the four (4) permit applications, City Council closed the public hearing to consider approving the Comcast applications and the city engineer’s recommendation to grant Comcast an exception to the volume requirements in Policy No. 19-01, deliberated and considered a decision resolution; and
WHEREAS, on March 13, 2023, the City Council approved three (3) permit applications for installation of a total of five (5) battery cabinets at three (3) locations in the public right-of-way (two (2) cabinets near 1020 Crystal Springs Road, two (2) cabinets near 1305 Hayne Road and one (1) cabinet near 1025 Tournament Drive) pursuant to its adoption of Resolution No. 23-23; and
WHEREAS, on April10, 2023, the City Council voted to reconsider its approval of the two (2) battery cabinets at the location near 1020 Crystal Springs Road, at a public hearing to be conducted on May 8, 2023; and
WHEREAS, after further evaluation by Comcast and Town staff, it was determined that Comcast’s application and exception request for two (2) battery cabinets at the location near 1020 Crystal Springs Road would be amended to seek approval for an alternative location near 1040 Crystal Springs Road and at the same time Comcast’s application and exception request seeking approval of two (2) cabinets near 1025 Vista Road would be brought back to City Council for further consideration;
WHEREAS, on April 20, 2023, the Town mailed owners and occupants of real property adjacent to the proposed battery cabinet locations in the public right-ofway near 1040 Crystal Springs Road and near 1025 Vista Road, notice of the public hearing on the permit applications and exception requests pursuant to HMC Section 12.12.030(C) and HMC Section 1.20.010, and published the notice in the San Mateo Daily Journal newspaper; and WHEREAS, on May 8, 2023, the City Council held a public hearing on the merits of each of the two (2) permit applications and exception requests, to consider and adopt the decision resolution on the applications; and WHEREAS, in determining whether to grant, deny or conditionally approve an application for an outdoor fixture, as defined in HMC Section

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

12.12.030(C); and
WHEREAS, the City Council may grant an exception upon the city engineer’s recommendation having made the findings in HMC Section 1.24.020; and -112-
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WHEREAS, the city engineer has made the necessary findings to recommend that City Council grant an exception; and
WHEREAS, after hearing presentations from Town staff and receiving all public comments on each of the two (2) permit applications, City Council closed the public hearing to consider approving the Comcast applications and the city engineer’s recommendation to grant Comcast an exception to the volume requirements in Policy No. 19-01, deliberated and considered a decision resolution; and
WHEREAS, Comcast’s two (2) permit applications have been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), and the State and local CEQA Guidelines. The Town, acting as lead agency, has determined the each of the proposed cabinets is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15303, Class 3, New Construction or Conversion of Small Structures.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough, based on the evidence contained in the written record, which includes Comcast’s permit application for 1025 Vista Road and its amended permit application for 1040 Crystal Springs Road; staff report; and other written submissions provided to City Council, and the record of the oral testimony given at the public hearing held on May 8, 2023 (referred to hereafter as the “Decision Record”), hereby renders its decision on Comcast’s permit applications and Comcast’s request for an exception to the volume requirements in Policy No. 19-01, pursuant to CEQA.

1. Decision on permit application and exception request for 1025 Vista Road:

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

Finding on Factor 1: There is a mailbox and a utility pole located in the right-ofway in the vicinity of the two (2) battery cabinets proposed at 1025 Vista Road.

The battery cabinets will be separated from the mailbox and will be spaced approximately one (1) foot from the utility pole. The proposed battery cabinets will be sufficiently spaced from other outdoor fixtures and infrastructure in the right-of-way at 1025 Vista Road.

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

Finding on Factor 3: The proposed battery cabinets will be located in an area that is not used for parking and will not block pedestrian traffic. Therefore, there is no significant effect on parking and on traffic safety.
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Finding on Factor 4: The City Council deems compliance with HMC Section

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

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

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

The city engineer has recommended approval of Comcast’s request for an exception to the volume requirement based on the following findings required under HMC Section 1.24.020:

1) granting the exception will not be materially detrimental to the public health, safety or welfare or injurious to other property in the Town because it will allow Comcast to provide more reliable essential communications services such as 9-1-1, voice, text messages, or data service during a commercial power outage; and
2) requiring strict compliance is unjustifiable from a cost/benefit analysis because although the battery cabinets are larger than typical utility boxes in the Town, the amount of stored energy required to provide seventy-two (72) hours of backup to its network is not compatible with the Town’s current volume limits and undergrounding the batteries is infeasible; and
3) requiring strict compliance is unadvisable to protect the public health, safety or welfare because if the backup is not approved, Comcast will not meet the 72-hour backup that the CPUC determined was advisable for communities in high fire threat districts.

2. Decision on amended permit application and exception request for 1040 Crystal Springs Road:

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

Finding on Factor 1: There is an existing utility pole located in the right-of-way in the vicinity of the two (2) battery cabinets proposed at 1040 Crystal Springs Road. The battery cabinets will be spaced one (1) foot from the utility pole. The proposed battery cabinet will be sufficiently spaced from other outdoor fixtures and infrastructure in the right-of-way at 1040 Crystal Springs Road. -114-
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Finding on Factor 2: The Town has no immediate need for access to the affected portion of the right-of-way. Any future need for access can be addressed with appropriate permit conditions.

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

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

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

The city engineer has recommended approval of Comcast’s request for an exception to the volume requirement based on the following findings required under HMC Section 1.24.020:

1) granting the exception will not be materially detrimental to the public health, safety or welfare or injurious to other property in the Town because it will allow Comcast to provide more reliable essential communications services such as 9-1-1, voice, text messages, or data service during a commercial power outage;
2) requiring strict compliance is unjustifiable from a cost/benefit analysis because although the battery cabinets are larger than typical utility boxes in the Town, the amount of stored energy required to provide seventy-two (72) hours of backup to its network is not compatible with the Town’s current volume limits and undergrounding the batteries is infeasible; and
3) requiring strict compliance is unadvisable to protect the public health, safety or welfare because if the backup is not approved, Comcast will not meet the 72-hour backup that the CPUC determined was advisable for communities in high fire threat districts.

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

The Town acting as the lead agency has determined the project to be Categorically Exempt from CEQA Guideline Section 15303, Class 3 of the CEQA Guidelines. -115-
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6. CONDITIONS ON APPLICATION APPROVAL
Based on the Decision Record, City Council finds it appropriate to condition the grant of the applications as set forth in this Resolution and in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Hillsborough, based on the evidence contained in the Decision Record:
1) Hereby approves Comcast’s permit application for 1025 Vista Road and its amended permit application for 1040 Crystal Springs Road and grants Comcast’s request for an exception to the volume limit in Policy No. 19-01; and 2) Hereby finds that the Comcast’s permit application for 1025 Vista Road and its amended permit application for 1040 Crystal Springs Road are categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15303, Class, New Construction or Conversion of Small Structures; and 3) Hereby directs Town staff to prepare, execute, and file a CEQA Notice of Determination and a Notice of Exemption with the County Clerk, as appropriate, within five (5) working days of the passage and adoption of this Resolution.

Mayor of the Town of Hillsborough

Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 8th day of May 2023, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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Exhibit A

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

2. General Conditions.

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

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

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

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

B. Permit Expiration. The permit will automatically expire six (6) months from the approval date (the "build-out period") unless the permittee obtains all -117-
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other permits and approvals required to install, construct and/or operate the approved infrastructure deployment(s), which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the infrastructure deployment(s) or its use; provided that the city manager may extend this build-out period at the request of the permittee for good cause shown. If this build-out period expires, the Town will not extend the build-out period but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project.

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

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

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

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

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

1. From any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the Town or its agents, -118-
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officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the Town's approval of the permit(s); and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. If there is no reactivation, transfer or removal as set forth in subsection 3 of this Section, the Town may thereafter remove the abandoned infrastructure deployment, repair any and all damages to the premises caused by such removal, and otherwise restore the premises as is -121-
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appropriate to be in compliance with applicable codes. If the Town removes the infrastructure deployment, the Town may, but shall not be required to, store the removed infrastructure deployment or any part thereof, and may use it, sell it or dispose of it in any manner deemed by the Town to be appropriate. The entity that abandoned the infrastructure deployment, or its successor in interest, and if on private property, the private property owner shall be jointly liable for the entire cost of such removal, repair, restoration and storage and shall remit payment to the Town promptly after demand therefor is made. In addition, the city council, at its option, may utilize any financial security required in conjunction with granting the permit to recover such costs.

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

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

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

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

The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the Town's regular files will control over any conflicts between such Town-controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by other applicable laws. -122-
61236.02002\41258150.2
Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law.

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

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

T. Town Work. The permittee acknowledges that the Town, in its sole discretion and at any time, may: (i) change any street grade, width or location; (ii) add, remove or otherwise change any improvements in, on, under or along any street owned by the Town or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (iii) perform any other work deemed necessary, useful or desirable by the Town (collectively, "Town work"). The Town reserves the rights to do any and all Town work without any admission on its part that the Town would not have such rights without the express reservation in this permit. If the Public Works Director determines that any Town work will require the permittee's infrastructure deployment(s) located in the public rights-of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either -123-
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permanently or temporarily rearrange and/or relocate the permittee's infrastructure deployment(s) within a reasonable time after the Public Works Director's notice, the Town may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The Town may exercise its rights to rearrange or relocate the permittee's infrastructure deployment(s) without prior notice to permittee when the Public Works Director determines that the Town work is immediately necessary to protect public health or safety. The permittee shall reimburse the Town for all costs and expenses in connection with such work within ten (10) days after a written demand for reimbursement and reasonable documentation to support such costs.

2. Specific Right-of-Way Construction Conditions.

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

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

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

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

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

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

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

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

I. Access to private driveways shall be maintained at all times. If a private driveway must be temporarily closed to accommodate the work, the permittee shall provide written notification to the residents at least one (1) week in advance. -124-
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J. “No Parking” signs shall be posted a minimum of seventy-two (72) hours in advance of the restriction. The date and time of the restrictions shall be clearly posted on the “No Parking” signs.
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ONLINE ENCROACHMENT PERMIT APPLICATION
Town of Hillsborough Public Works Department
1600 Floribunda Ave | Hillsborough, CA | 94010
(650) 375-7444 main | (650) 548-0859 fax
[email protected] | www.hillsborough.net

Page 1 of 3 ends

Instructions:
For all permit applications, complete and sign this form and attach with your permit application. For PG&E, AT&T, and Comcast permit applications, on Step 1 of the eTrakit Online Portal:
o Under Permit Type Information, include your company’s internal project number at the beginning of the “Short Description”
o Under Location,
if the scope of work is for a specific private property address (i.e. gas tie-in, service upgrade, etc.), select that address
if the scope of work is not directly related to property address (i.e. gas main leak, aerial fiber installation, etc.), select “1320 La Honda Road” and provide the nearest address in the “Short Description” under Permit Type Information.
1) Project Applicant (Primary Contact)
2) Location(s) of Work
☐ Single
☐ Public Right-of-Way
☐ Multiple Streets
☐ Easements
☐ Near Creek
3) Description of Work:
(Continued on next page)
Name: ____________________________________________ Phone: ______________________________________ Email: ____________________________________________ Company: ____________________________________ Address or Nearest Address: _____________________________________________________________________ APN:___________________________________________ Project Number:___________________________________ Check all items that apply:
_________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ ATTACHMENT 2
Alvaro Gandara Astray 916-282-8158
[email protected] STC Netcom Inc.
1025 VISTA RD
031263090 CALHPS82729566
Contracted by Comcast Cable to upgrade existing emergency power backup to 72hrs per CPUC mandate. In order to meet requirements we will be installing a precast concrete pad with battery cabinet next to utility pole.

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4) Provide the following measurements:

Driveway Apron: _______ LF
Rolled Gutter: _______ LF
Trench: _______ LF
Bell Hole / Excavation Pit: ____ LF x ____ LF (Length x Width) 5) Street Opening or Type of Installation Permit (Check all items that apply):
☐ CATV
☐ Curb and Gutter
☐ Directional Boring
☐ Driveway/Apron
☐ Electric
☐ Gas Line/Leak
☐ Geotech Work
☐ Parking Strip
☐ Potholing
☐ Sanitary Sewer Lateral
☐ Storm Drain
☐ Street Paving
☐ Street – Full Road Closure
☐ Street – Partial Closure
☐ Telephone
☐ Tree Work
☐ Trenching
☐ Other (explain below)
6) Encroachment Permit Standards
All encroachment permits are subject to the following standards.

Methods and Materials
The applicant shall submit a plan and a profile showing location, grade elevation and trench details of proposed work to be constructed and the location and method by which the proposed work is to be connected to any existing Hillsborough utility. The plan submittal shall be reviewed and approved by the engineering department prior to issuance of the permit.
All work with in the public right-of-way shall be installed per the Town of Hillsborough Standard Details available on the Town website unless otherwise approved by the City Engineer or his/her designee. Backfill shall be imported material of a type specified by the Town Standard Details and shall be compacted to a minimum of 95% relative compaction, unless otherwise approved by the City Engineer or his/her designee. New pavement section shall match the existing thickness, but not less than 4" AC over 8" Class 2 AB. Jackhammering of the paved surface of any street is not allowed. All trenches must be saw-cut prior to excavation. T-Cuts are required and shall be a minimum of 12 inches on all sides of the trench, all saw cuts (including tails) must be sealed.
Contractors shall email the Public Works Inspector at [email protected] with the encroachment permit number, scope of work or inspection type, and requested inspection date and time at least 24 hours in advance to schedule an inspection for all work including but not limited to; bedding, utilities, cover, compaction, patching, paving, parking strips, forms, etc.
The permittee must conduct video inspection of all sewer mains, laterals and storm drains within the area of each directional boring project.
No equipment or materials shall be stored in the public right-of-way without written authorization from the Director of Public Works.
(Continued on next page)

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Licenses and Liabilities
A Class A contracting license is required when working in the public right-of-way unless otherwise approved by the City Engineer or his/her designee. (Extreme care shall be exercised). All necessary permits must be obtained from the appropriate agencies prior to the issuance of an Encroachment Permit, including but not limited to California Fish and Wildlife, Regional Water Quality Control Board (RWQCB), Army Corp of Engineers, CALTRANS, local cities and counties, etc. All costs of repairing any and all infrastructure damaged with in the right-of-way shall be paid for by the owner/applicant and should be reported immediately to the Town Inspector. Bond deposit(s) shall not be returned until the final inspection by the Public Works Department has been completed.
Applicant shall hold the Town, its employees and representatives harmless and assume all liability for claim(s) which may arise by or because of this permit.

Traffic and Safety
Any open holes / trenches in the street or on the shoulder shall be covered with steel plates or as required by the Town Inspector. All excavations shall be covered at the end of each day. Work in the right-of-way shall be conducted between the hours of 8:00am – 5:00pm, Monday through Friday, unless written authorization is obtained from the Director of Public Works 48 hours prior to the start of work. The area to be encroached upon shall be marked 48 hours prior to such encroachment. Notification shall be given to Underground Service Alert (USA) 1 800 642-2444 for all digging proposed in the right-of-way 48 hours prior to the commencement of any excavation.
Caltrans safety standards shall be used for all traffic control measures. A traffic control plan shall be submitted and approved for all work done in the public right-of-way.
All signs, cones, barricades and traffic control devices must be clearly marked with contractor’s/subcontractor’s name. Provisions for two-way traffic shall be maintained at all times using flagmen as necessary. All works shall comply with OSHA standards. Excavations of 5 feet or deeper shall conform to CAL/OSHA Standards for shoring.
During non-daylight hours, applicant shall use yellow flashing lights and reflective tape on all barricades and/or street closure signage to CALTRANS standards.
Barricades with flashers shall be on-site prior to excavation. I acknowledge that I have read and do here by accept the terms and conditions contained in the above Encroachment Permit Standards.
5) SIGNATURE (APPLICANT OR AUTHORIZED AGENT)
Signature: ___________________________________________________ Date: _______________________ Printed Name: _________________________________________________________________________________ 04/11/2022
Alvaro Gandara Astray
If there are questions regarding these comments, please contact John Iaquinto at (650) 375-7418. 1 -
Project Location: 1320 La Honda Road – Vista Road
Description: Upgrade existing emergency power backup. Install a pre-cast concrete pad with battery cabinet next to existing Pole.

Date:4/19/22
Permit No. ENC22-0166
Plans Dated & By: 2022 – STC Netcom Inc. – Project #CALHPS82729566

PROJECT COMMENTS
x The Town’s aesthetic standards in Policy 19-01 were made to apply Small Cell and any similar infrastructure (Policy, Section B.). The following comments are to ensure this application complies with Policy 19-01, adopted by Town Resolution 19-03. x Equipment placed above ground, whether pole-mounted or ground-mounted, shall be placed to avoid, to the extent technically feasible, prominent visibility from the driveways, entryways and windows associated with residential dwellings. Applicants are encouraged to consult with Town staff in advance to evaluate potential visibility issues. As a general matter, but not as a rule, locations as close to the common property line between adjoining properties as possible will likely comply with this requirement. Per C5 x All accessory equipment installed above ground level shall not cumulatively exceed:
(a) nine cubic feet in volume if installed in a residential district; or [(b) 17 cubic feet in volume if installed in a non-residential district. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground.] Per E 7
x Shall not permanently displace any landscaping or cause any street trees to be trimmed, damaged or displaced. If any landscaping or street trees are damaged or displaced, the applicant shall be responsible, at its sole cost and expense, to plant and maintain replacement trees at the site for five years or the duration of the permit term (whichever is longer). Likewise, new infrastructure and/or associated equipment shall not prevent the planting or replanting of a street tree in the future. Per E 10
x Shall be placed at least 15 feet away from any intersection, alleyway, driveway or established pedestrian pathway to a residential structure appurtenant to the public rights-ofway. Per E 17 x To the extent the structures are utility boxes within the meaning of this Code, be reviewed and subject to the same approvals as utility boxes installed in connection with other infrastructure deployments; and shall be located flush to grade where necessary to avoid incommoding the public or creating a hazard. Per G1 & G2 x To the extent permitted above ground, shall otherwise be shrouded and painted and textured (or wrapped) to blend with the streetscape and landscape around the site. Whenever possible, above ground equipment components should be placed behind landscaped features in the right-of-way to further conceal the equipment and blend in with the surroundings. Non-reflective paints shall be used on all painted surfaces. – Per G3
x Equipment shrouds at the base of a pole shall: (a) not exceed 24 inches wide on any side and 48 inches high; (b) be consistent with any standards and specifications by the City Engineer for Town of Hillsborough
Public Works Department / Engineering Division
1320 La Honda Road x Hillsborough x CA x 94010
650.375-7444 [ tel ] x 650.548-0859 [ fax ]
If there are questions regarding these comments, please contact John Iaquinto at (650) 375-7418. 2 decorative pole bases or, if no such standards or specifications exist, shall be designed to mimic the pole to which it is attached ; (c) not have any flat surface area on the top of the shroud greater than two square inches to prevent objects from being placed on the shroud; and (d) include a tapered or decorative transition between the top of the base mounted shroud and the pole. Per G 4
x Employ the smallest and lowest profile equipment, placed in the least conspicuous location when viewed from properties from which the WCF is visible. Per J1 x Accommodate collocation or other future expansions or modifications to the extent feasible and consistent with the other design requirements of this policy; and be consistent with the general plan. J2 & J3
x Infrastructure deployments shall not incommode the public (including without limitation, persons with disabilities) in its use of the public rights-of-way or any structure within or abutting the public rights-of-way or any portion of the public rights-of-way. Per O17

SPECIFIC PERMIT CONDITIONS OF APPROVAL
x Permittee shall comply with the attached encroachment permit standards.

Applicant is required to contact resident adjacent to the location where the new cabinet will be installed prior to installation. Additionally, any landscaping removed must be restored by the applicant.
x Work location is in proximity to existing Town sewer, Storm drain and water main. Electrical service shall maintain a minimum 1’ vertical, and 3’ horizontal clearance from sewer, storm drain and water mains. It is the responsibility of the permit holder to ensure the protection of both public and private assets. Permit holder will be liable for any damage to properties within the scope of this project.
x All excavations shall be covered at the end of the day. Barricades and flashes shall be onsite prior to excavation. x 24-hour notice shall be given to the Town’s Public Works Inspector by calling 650-375-7444 and asking for the inspection of the job site on the day of the work. x Permittee must fully comply with the approved traffic control plan that was submitted with the application and approved by the Public Works Engineer. All residents in the area must be able to always access their driveways.
x Permittee shall provide written notices to residents/property owners at least one (1) week in advance of the work. The notices shall be provided to all properties in the area that will be affected by the road closure. The notices shall provide residents with the date of and a description of the work and contact information for PG&E project staff including name and phone number. x Access to private driveways shall be always maintained. If a private driveway must be temporarily closed to accommodate the work, permit holder shall provide written notification to the residents at least one (1) week in advance.
x “No Parking” signs shall be posted a minimum of 72 hours in advance of the restriction. The date and time of the restrictions shall be clearly posted on the “No Parking” signs. 61236.02002\41055345.8
Exhibit A

2. General Conditions.

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

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

B. Permit Expiration. The permit will automatically expire six (6) months from the approval date (the "build-out period") unless the permittee obtains all other permits and approvals required to install, construct and/or operate the 61236.02002\41055345.8
approved infrastructure deployment(s), which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the infrastructure deployment(s) or its use; provided that the city manager may extend this build-out period at the request of the permittee for good cause shown. If this build-out period expires, the Town will not extend the build-out period but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project.

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

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

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

1. From any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the Town or its agents, 61236.02002\41055345.8
officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the Town's approval of the permit(s); and

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

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

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

L. Compliance, Generally. All infrastructure deployment(s) within the Town shall be designed, maintained, and shall be operated at all times to comply with the provisions of the Code, this policy and the following other requirements:

1. Conditions in any permit or license issued by a local, state, or federal agency, which has jurisdiction over the infrastructure deployment; 61236.02002\41055345.8

2. Rules, regulations, and standards of the state and federal governments and the town, including without limitation the FCC, the CPUC and the Hillsborough Municipal Code.

3. Easements, covenants, conditions, and/or restrictions on or applicable to the underlying real property;

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

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

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

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

4. If there is no reactivation, transfer or removal as set forth in subsection 3 of this section, the Town may thereafter remove the abandoned infrastructure deployment, repair any and all damages to the premises caused by such removal, and otherwise restore the premises as is 61236.02002\41055345.8
appropriate to be in compliance with applicable codes. If the Town removes the infrastructure deployment, the Town may, but shall not be required to, store the removed infrastructure deployment or any part thereof, and may use it, sell it or dispose of it in any manner deemed by the Town to be appropriate. The entity that abandoned the infrastructure deployment, or its successor in interest, and if on private property, the private property owner shall be jointly liable for the entire cost of such removal, repair, restoration and storage and shall remit payment to the Town promptly after demand therefor is made. In addition, the city council, at its option, may utilize any financial security required in conjunction with granting the permit to recover such costs.

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

The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the Town's regular files will control over any conflicts between such Town-controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by other applicable laws. 61236.02002\41055345.8
Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law.

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

T. Town Work. The permittee acknowledges that the Town, in its sole discretion and at any time, may: (i) change any street grade, width or location; (ii) add, remove or otherwise change any improvements in, on, under or along any street owned by the Town or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (iii) perform any other work deemed necessary, useful or desirable by the Town (collectively, "Town work"). The Town reserves the rights to do any and all Town work without any admission on its part that the Town would not have such rights without the express reservation in this permit. If the Public Works Director determines that any Town work will require the permittee's infrastructure deployment(s) located in the public rights-of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either 61236.02002\41055345.8
permanently or temporarily rearrange and/or relocate the permittee's infrastructure deployment(s) within a reasonable time after the Public Works Director's notice, the Town may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The Town may exercise its rights to rearrange or relocate the permittee's facility without prior notice to permittee when the Public Works Director determines that the Town work is immediately necessary to protect public health or safety. The permittee shall reimburse the Town for all costs and expenses in connection with such work within ten (10) days after a written demand for reimbursement and reasonable documentation to support such costs.

2. Specific Right-of-Way Construction Conditions.

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

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

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

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

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

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

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

H. Permittee shall provide a written notice to all residents/property owners adjacent and across from construction areas at least one (1) week in advance of the work.

The notice shall provide property owners with the date(s) of construction, description of the work, and contact information for Comcast project staff, including a name and phone number.

I. Access to private driveways shall be maintained at all times. If a private driveway must be temporarily closed to accommodate the work, permittee shall provide written notification to the residents at least one (1) week in advance. 61236.02002\41055345.8
J. “No Parking” signs shall be posted a minimum of seventy-two 72 hours in advance of the restriction. The date and time of the restrictions shall be clearly posted on the “No Parking” signs.

T1
SHEET TITLE:

ISSUE STATUS

REV DATE BY DESCRIPTION

SITE INFORMATION
SEAL
A 09/15/21 90% CD GP
3011 COMCAST PLACE
LIVERMORE, CA 94551
23 MAUCHLY, STE 110
IRVINE, CA 92618
J5 PROGRAM ID: ALP-CA-CPUC
J5 PROJECT ID: P-060682
3767 ALPHA WAY
BELLINGHAM, WA 98226

AN ENERSYS COMPANY
3/28/23

0 12/30/21 100% CD BN
1 08/15/22 PCC#1 JW2 03/28/23 PCC#2 MJC

LOCATION MAP
DO NOT SCALE DRAWINGS IF NOT FULL SIZE (24 X 36)

CONTRACTOR SHALL VERIFY ALL PLANS AND EXISTING DIMENSIONS AND CONDITIONS ON THE JOB SITE AND SHALL

IMMEDIATELY NOTIFY THE ARCHITECT / ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BEAR THE RESPONSIBILITY FOR THE SAME.

GENERAL CONTRACTOR NOTES

CODE COMPLIANCE

ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES.

1. CALIFORNIA BUILDING STANDARDS CODE: 2019
TRIENNIAL EDITION OF TITLE 24, WITH AN EFFECTIVE
DATE OF JANUARY 1, 2020.PART 1 - CALIFORNIA ADMINISTRATIVE CODEPART 2 - CALIFORNIA BUILDING CODE, BASED ON THE 2018 INTERNATIONAL BUILDING CODE
PART 2.5 - CALIFORNIA RESIDENTIAL CODE, BASED
ON THE 2018 INTERNATIONAL RESIDENTIAL CODE
PART 3 - CALIFORNIA ELECTRICAL CODE, BASED ON
THE 2017 NATIONAL ELECTRICAL CODE
PART 4 - CALIFORNIA MECHANICAL CODE, BASED ON
THE 2018 UNIFORM MECHANICAL CODE
PART 5 - CALIFORNIA PLUMBING CODE, BASED ON
THE 2018 UNIFORM PLUMBING CODE
PART 6 - CALIFORNIA ENERGY CODEPART 7 - VACANT
PART 8 - CALIFORNIA HISTORICAL BUILDING CODEPART 9 - CALIFORNIA FIRE CODE, BASED ON THE 2018

INTERNATIONAL FIRE CODE
PART 10 - CALIFORNIA EXISTING BUILDING CODE,BASED ON THE 2018 INTERNATIONAL EXISTINGBUILDING CODEPART 11 - CALIFORNIA GREEN BUILDING STANDARDS

CODE (ALSO KNOWN AS CALGREEN)
PART 12 - CALIFORNIA REFERENCED STANDARDS
CODE

2. ANSI/TIA-222 (REV H)3. 2018 NFPA 101, LIFE SAFETY CODE

4. 5. 2019 NFPA 13, STANDARD FOR THE INSTALLATIONOF SPRINKLER SYSTEMS 

EXISTING SITE PHOTO

SITE PLAN

TITLE SHEET
Call before you dig.

Know what'sbelow.

TO OBTAIN LOCATION OF PARTICIPANTS

UNDERGROUND FACILITIES BEFORE

YOU DIG IN CALIFORNIA (NORTH &
CENTRAL) , CALL USA NORTH 811
TOLL FREE: 1-800-227-2600 OR
www.usanorth811.org

CALIFORNIA STATUTE
REQUIRES MIN OF 2

WORKING DAYS NOTICE

BEFORE YOU EXCAVATE
NORTH
OWNER:

APPLICANT:

SITE INFORMATION

DRAWING INDEX

DESCRIPTION
T1 TITLE SHEET AND SITE PLAN
A1 ELEVATIONS
D1 DETAILS
SITE ADDRESS:

LATITUDE/LONGITUDE (NAD 83):

JURISDICTION:

POWER PROVIDER:

AMP DRAW:
1025 VISTA RD
HILLSBOROUGH, CA 94010

37.552234, -122.348755
Hillsborough Public WorksPG&E

5.60 SHEET

PROJECT TEAM
-
A1

ENGINEER/
ARCHITECT:

J5 INFRASTRUCTURE PARTNERSJOSE M. MIRANDA

ARCHITECT/ENGINEER CONTACT
PH: (949) 247-7767EMAIL: [email protected]
23 MAUCHLY, SUITE 110
IRVINE, CALIFORNIA, 92618
(N) RIGID U/G CONDUIT FROM (N)

CABINETS TO (E) MAIN CABINET
COMCAST CABLE3011 COMCAST PLACE
LIVERMORE, CA 94551
AE
(E) POLE MOUNTED COMCAST ENCLOSURE TO REMAIN
(E) BATTERIES WITHIN TO BE REMOVED
(N) POWER SUPPLY TO BE INSTALLED WITHIN
5 D1
6 D1
~ RESIDENCE ~
(E) SIDEWALK
(E) EDGE OF PAVEMENT
(2)(N) ALPHA PN-4 POWER NODE SYSTEM
ENCLOSURES W/ (18) (N) 12V ALPHA 210FTX BATTERIES

MOUNTED TO (N) CONCRETE PAD AT GRADE
1 D1
2 D1
7 D1

VISTA ROAD

CULEBRA ROAD
(E) MAILBOX
(E) DRIVEWAY
(E) FENCE

VISTA ROAD (E) DIRT
(E) SIDEWALK
(E) DIRT
(E) SIDEWALK
~ RESIDENCE ~
~ RESIDENCE ~
(E) PULL BOX TO BE
PROTECTED IN PLACE TYP.

CULEBRA ROAD

CULEBRA ROAD
3 D1
ALPHA TECHNOLOGIES, INC.

RICHARD A. SEIFF

SERVICE OPERATIONS MANAGER
ENERGY SYSTEMS AMERICASPH: (331) 276-0232EMAIL: [email protected] TC1 TRAFFIC CONTROL 1
THIS PROJECT MODIFICATION OF EXISTING CONSISTS OF:
x INSTALLATION OF (2 (N) ALPHA PN-4 POWERNODE SYSTEM ENCLOSUREx INSTALLATION OF (18) (N) 12V ALPHA 210FTX BATTERIESx INSTALLATION OF (1) (N) PRECAST CONCRETE PADx REMOVAL & REPLACEMENT OF (E) POWER SUPPLYx ALL ASSOCIATED ELECTRIC WIRES AND CONDUITS TO CONNECT

POWERNODE CABINET TO EXISTING ALPHA CABINET
TA4 SCOPE OF WORK
(E) SIDEWALK
(E) LANDSCAPE
10'-0"
2 1'-2"
PWE-3
SIDE
PWE-3
SIDE

CABINET
FRONT
AB
ON
C
A1
SHEET TITLE:

ISSUE STATUS

REV DATE BY DESCRIPTION

AN ENERSYS COMPANY
3/28/23

0 12/30/21 100% CD BN
1 08/15/22 PCC#1 JW2 03/28/23 PCC#2 MJC
EXISTING ELEVATION 2 PROPOSED ELEVATION 1
CONDUIT ROUTING NOTE:

1. GC TO ROUTE (N) 1-1/2" RIGID U/G CONDUIT FROM (N)

CABINETS TO (E) MAIN CABINET FOR (N) BATTERY & INTERFACE ASSOCIATED CABLING. SEE TRENCHING DETAIL ON SHEET D1.
(E) POLE MOUNTED COMCAST ENCLOSURE TO REMAIN
(E) BATTERIES WITHIN TO BE REMOVED
(E) POWER SUPPLY WITHIN TO BE REMOVED & REPLACED
NOTES:

1. CONTRACTOR TO COMPLY WITH ALL APPLICABLE/REQUIRED INSPECTIONS PER LOCAL JX GUIDELINES.

2. CONTRACTOR SHALL BE AWARE OF (E) PEDESTRIAN AND VEHICLE ACCESS. CONTRACTOR SHALL NOT BLOCK WALKWAYS, DRIVEWAYS AND/OR OTHER FORMS OF ACCESS. CONTRACTOR SHALLREACH OUT TO ENGINEER IF REVISIONS TO DESIGN HEREON ARE REQUIRED.

GRADE
(E) MAILBOX
(E) PULL BOX TO BE
PROTECTED IN PLACE TYP.
(E) BLOCK WALL

WITH FENCE

VISTA ROAD (E) BUSH
(E) DRIVEWAY
2 1
(E) UTILITY POLE
(E) TREE (BEYOND)
(E) POLE MOUNTED COMCAST ENCLOSURE TO REMAIN
(E) BATTERIES WITHIN TO BE REMOVED
(N) POWER SUPPLY TO BE INSTALLED WITHIN
5 D1
(2)(N) ALPHA PN-4 POWER NODE SYSTEM
ENCLOSURES W/ (18) (N) 12V ALPHA
210FTX BATTERIES MOUNTED TO (N)

CONCRETE PAD AT GRADE
2 D1
1 D1
7 D1
3 D1
(N) RIGID U/G CONDUIT FROM (N)

CABINETS TO (E) MAIN CABINET
6 D1
EXISTING ENLARGED SITE PLAN PROPOSED ENLARGED SITE PLAN 1 1

ENLARGED SITE

PLANS & ELEVATIONS
(E) BLOCK WALL

WITH FENCE
(E) DRIVEWAY
(E) SIDEWALK
(E) EDGE OF PAVEMENT
(E) FENCE
(E) POLE MOUNTED COMCAST ENCLOSURE TO REMAIN
(E) BATTERIES WITHIN TO BE REMOVED
(E) POWER SUPPLY WITHIN TO BE REMOVED &

REPLACED
(E) PULL BOX TO BE
PROTECTED IN PLACE TYP.

VISTA ROAD
(E) CLEANOUT
(E) BLOCK WALL

WITH FENCE
(E) DRIVEWAY
(E) SIDEWALK
(E) EDGE OF PAVEMENT
(E) FENCE
(E) PULL BOX TO BE
PROTECTED IN PLACE TYP.

VISTA ROAD
(E) CLEANOUT
4'-0"
6'-0"
10'-0"
1'-0"
1'-2"
GRADE
(E) MAILBOX
(E) PULL BOX TO BE
PROTECTED IN PLACE TYP.
(E) BLOCK WALL

WITH FENCE

VISTA ROAD (E) BUSH
(E) DRIVEWAY
(E) UTILITY POLE
(E) TREE (BEYOND)
(2)(N) ALPHA PN-4 POWER NODE SYSTEM
ENCLOSURES W/ (18) (N) 12V ALPHA
210FTX BATTERIES MOUNTED TO (N)

CONCRETE PAD AT GRADE
2 D1
1 D1
7 D1
3 D1
(E) POLE MOUNTED COMCAST ENCLOSURE TO REMAIN
(E) BATTERIES WITHIN TO BE REMOVED
(N) POWER SUPPLY TO BE INSTALLED WITHIN
5 D1
(N) 1-1/2"Ø SCH 40 RIGID CONDUIT

ROUTE UP FROM BASE OF (E)

WOOD POLE TO (E) CABINET
8 D1
9 D1
1'-2"
2 (E) BUSH
(E) BUSH
(E) BUSH (E) BUSH
(E) BUSH
(E) BUSH
D1
SHEET TITLE:

ISSUE STATUS

REV DATE BY DESCRIPTION

AN ENERSYS COMPANY
3/28/23

0 12/30/21 100% CD BN
1 08/15/22 PCC#1 JW2 03/28/23 PCC#2 MJC

DETAILS

EQUIPMENT SPECIFICATIONS
MFG:MODEL:

HEIGHT:

WIDTH:

DEPTH:

WEIGHT:

ALPHAXM3.1-HP

7.76 IN

16.43 IN10.57 IN
61 LBS
NOTE:

1. USE MANUFACTURER SUPPLIED
MOUNTING HARDWARE.

NOMINAL INPUT VOLTAGE: 120V AC
OUTPUT VOLTAGE: 63/89V AC
WARNING TAPE 12" BELOW GRADE90% COMPACTED FILL
UNDISTURBED EARTHPROTECT-IN-PLACE (E) U.G. CONDUIT,
TYP. (IF APPLICABLE)(SEE NOTE)
(E) SURFACE(SEE PLAN)

PATCH AND REPAIR

TO MATCH EXISTING
ONE (1) 1-1/2"Ø OR EQUIVALENT SCH.
40 RIGID U.G. CONDUIT
NOTE:

1. PRIOR TO STARTING CONSTRUCTION, THE CONTRACTOR

HAS THE RESPONSIBILITY TO LOCATE ALL EXISTING UTILITIES,

CONDUITS WHETHER OR NOT SHOWN ON THE PLANS,
AND TO PROTECT THEM FROM DAMAGE.
2'-6"
3"
2'-0"
MIN.
1'-6"
VARIES
56 N.T.S. TRENCHING DETAIL
N.T.S.POWER SUPPLY DETAIL
PVC SCHEDULE 40 SIZE AS

SHOWN ON DRAWINGS

RIGID STEEL TO

PVC ADAPTER
GRADE

RIGID STEEL CONDUIT

COUPLING

RIGID STEEL

CONDUIT PLUG
R=24" MIN. RIGID STEEL CONDUIT
6"
8 N.T.S. STUB-UP DETAIL9 N.T.S. CONDUIT RISER ATTACHMENT DETAIL (E) WOOD POLE

CONDUIT STRAP W/
(2) 1/4" LAG SCREWS
@ 12" O.C.(N) 1-1/2"Ø SCH 40 RIGID

CONDUIT PER PLAN
NOTE:

1. CONTRACTOR TO VERIFY RISER MOUNTING REQUIREMENTS

W/ POLE OWNER AND/OR POWER COMPANY
7 N.T.S. BATTERY SPECIFICATIONS
EQUIPMENT SPECIFICATIONS (1 UNIT)
MFG:MODEL:

HEIGHT:

WIDTH:

LENGTH:

WEIGHT:

ALPHA210 FTX

13.02 IN

4.91 IN22.01 IN
145 LBS 13.02"

22.01"

4.91"
ALPHA
210 FTX BATTERY UNIT
1 N.T.S. DUAL EQUIPMENT CABINET DETAIL
CABINET SPECIFICATIONSMANUFACTURER: ALPHAMODEL: PN-4
HEIGHT: 52"
WIDTH: 26"
DEPTH: 24"
WEIGHT (EMPTY): 360 LBS.WEIGHT (W/ BATTERIES): 2,970 LBS.MATERIAL: ALUMINUM BATTERY CONFIGURATION:

CABINET #1: (4) BATTERY STRINGSCABINET #2: (2) BATTERY STRINGS 52"
26"
24"
FRONT
SIDE
TOP
26"

KNOCKOUT,
TYP.

BATT STRING #2
BATT STRING #4
BATT STRING #1 BATT STRING #1
BATT STRING #2BATT STRING #3
56"
2"
6"
52"
(N) PRECAST CONCRETE PAD
(SEE DETAIL HEREON)
2 N.T.S. CONCRETE PAD & ANCHORAGE DETAIL

EQUIPMENT CABINET
3/8"Ø GALVANIZED THREAD ROD
W/ HILTI HIT-HY 200 ADHESIVE
EMBED = 4"
SPECIAL INSPECTION PER (ESR-3187)
(4) EA UNIT

NUT & INSULATING WASHER
2'-6"
4'-8"
4"
EMBED.
4"
MIN.
6" MIN. THICK

PRECAST

CONCRETE PAD
OUTLINE OFCABINET, TYP.

A
A

SECTION A-A
6" MIN. THICK PRECAST

CABINET ANCHOR CONCRETE PAD
POINTS, TYP.

PLACE CONCRETE PAD MINIMUM 2"FROM NEARBY CONCRETE PAD(S) CABINET GROUND #2
STRANDED IN 1/2" PVC TIED

INTO (N) GROUND RING

CONNECTION MADE WITH
BUMDY CONNECTORP/N YGHR58C2W
#6 AWG
TWO 8' GROUND

RODS PLACED A
MIN. OF 6' APART
#2 AWG

ENCLOSURE FOOTPRINTS
3 2
4 5
1 1/2"x8" COPPER GROUND ROD, FOUR PLACES, DRIVEN
ABOUT 2 FEET (TYP.) FROM THE CORNERS OF THE PAD.
#2 BARE COPPER WIRE LOOP TERMINATED TO EACH
GROUND ROD AND BURIED BELOW GRADE 18 INCHES.CORROSION-PROOF CONNECTIONS (25+ YEAR LIFE-SPAN)

AND HARDWARE SUITABLE FOR DIRECT BURIAL MUST BE
USED.#2 BARE COPPER WIRE FROM LOOP TO THE ENCLOSURE.

WHEN THE ELECTRICAL SUPPLY IS A PRIMARY SERVICE (NOT
A SECONDARY OR FEEDER SERVICE) A #2 BARE COPPER

WIRE MUST BE BOND THE LIGHTNING PROTECTION LOOP
TO THE GROUNDING ELECTRODE CONDUCTOR WHERETHEY ARE CLOSEST.

LIGHTNING PROTECTION (OPTIONAL)
#6 BARE COPPER WIRE FROM SERVICE
NEUTRAL/GROUND BAR WITH 2 GROUND
RODS LOCATED 6" APART.

SERVICE GROUNDING (REQUIRED)
1 2345
3 2'-0" MIN
N.T.S.GROUNDING DETAIL
NOTE:

GROUND TEXT SHALLMEASURE LESS THAN 25 OHMS.

IF EXCEEDED, CONTRACTOR

TO INSTALL ADDITIONAL
GROUND RODS AS REQUIRED.
2'-0"
MIN.

TC1
SHEET TITLE:

ISSUE STATUS

REV DATE BY DESCRIPTION

AN ENERSYS COMPANY
3/28/23

0 12/30/21 100% CD BN
1 08/15/22 PCC#1 JW2 03/28/23 PCC#2 MJC

DETAILS

TRAFFIC CONTROL FOR LANE CLOSURE ON TWO LANE ROAD USING

FLAGGERS
WORK AREA TRAFFIC CONTROL HANDBOOK 2019 14TH EDITION

PER STANDARDS AND GUIDANCE OF CA-MUTCD
GENERAL NOTES:

1. ALL WORK AND MATERIALS SHALL COMPLY WITH THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD), 2019 EDITION.

2. ALL STRIPING AND MARKINGS SHALL CONFORM TO THE STATE OF CALIFORNIA 2010 STANDARD PLAN A20A.

3. THE CONTRACTOR SHALL PROVIDE FOR ACCESS TO ALL ADJACENT PROPERTIES.

4. FLASHING YELLOW BEACONS, TYPE "B", SHALL BE USED ON ALL W20-1 SIGNS AND ON ALL TYPE III BARRICADES GUARDING THE WORK OVERNIGHT.

5. ALL SIGNS SHALL BE REFLECTORIZED AND STANDARD SIZE.6. ALL TUBULAR DELINEATORS AND CONES SHALL BE 28" MINIMUM HEIGHT, REFLECTORIZED AND MAINTAINED ERECT IN

THE INDICATED POSITION AT ALL TIMES, AND SHALL BE REPAIRED, REPLACED, OR CLEANED AS NECESSARY TO PRESERVE THEIR APPEARANCE AND CONTINUITY, AND SHALL INCLUDE A 12" HIGH-INTENSITY REFLECTORIZED SLEEVE..

7. THE CONTRACTOR SHALL MAINTAIN, ON A CONTINUOUS BASIS, ALL SIGNS, DELINEATORS, BARRICADES, ETC., TO ENSURE PROPER FLOW AND SAFETY OF TRAFFIC DURING CONSTRUCTION.

8. THE CONTRACTOR SHALL HAVE SIGNS, DELINEATORS, BARRICADES, ETC., PROPERLY INSTALLED PRIOR TO COMMENCING CONSTRUCTION.

9. CONSTRUCTION OPERATIONS SHALL BE CONDUCTED IN SUCH A MANNER AS TO CAUSE AS LITTLE INCONVENIENCE AS POSSIBLE TO ABUTTING PROPERTY OWNERS.

10. ADDITIONAL TRAFFIC CONTROLS, TRAFFIC SIGNS OR BARRICADING MAY BE REQUIRED IN THE FIELD. THE CONTRACTOR

SHALL BE RESPONSIBLE FOR THE PLACEMENT OF ANY ADDITIONAL DEVICES NECESSARY TO ASSURE THE SAFETY TO THE PUBLIC AT ALL TIMES DURING CONSTRUCTION.

11. EXACT LOCATION AND TYPE OF CONSTRUCTION SIGNS SHALL BE DIRECTED BY THE ENGINEER BASED UPON CONSTRUCTION CONDITIONS.

12. MOVE DELINEATORS AND/OR CONES TO SIDEWALK DURING NON-WORKING HOURS. REMOVE BARRICADES ETC., FROM TRAVEL LANE.

13. REMOVE OR TURN OFF SIGNS DURING NON-WORKING HOURS.14. ALL CONFLICTING LINES, EXISTING CURB PAINT, AND MARKINGS SHALL BE REMOVED BY WET SANDBLASTING OR OTHER APPROVED METHOD PRIOR TO INSTALLATION OF NEW/TEMPORARY STRIPING. ALL CONFLICTING RAISED PAVEMENT MARKERS SHALL BE REMOVED. PAVEMENT THAT IS DAMAGED DUE TO REMOVAL OF MARKERS SHALL BE REPAIRED TO THE SATISFACTION OF THE CITY ENGINEER AND/OR STATE INSPECTOR.

15. DIMENSIONS BASED ON GIS MAPPING DATA AND/OR RECORD DRAWINGS AND NOT A SURVEY.16. TIME OF LANE CLOSURE TO BE IN ACCORDANCE WITH REQUIREMENTS OF JURISDICTION.17. ADDITIONAL ADVANCED FLAGGERS MAY BE REQUIRED. FLAGGER SHOULD STAND IN A CONSPICUOUS PLACE, BE VISIBLE TO APPROACHING TRAFFIC. PLACE A MINIMUM OF FOUR CONES AT 40-FT INTERVAL IN ADVANCE OF FLAGGER STATION AS SHOWN.

CHANNELIZING DEVICES (TYP.)

ONE LANE
AHEAD
ROAD
A
AHEAD
WORK
ROAD
A A
BE

PREPARED

TO STOP
LANE
CLOSED
50' TO 100' E 50' TO 100'

END ROAD
WORK
END

ROAD WORK

ONE LANE
ROAD

AHEAD A
ROAD
WORK
AHEAD
A A
BE

PREPARED

TO STOP

WORK HOURS
7:00AM - 3:30PM

Page 1 of 3 ends

Hillsborough City CouncilMay 8, 2023

Hillsborough City Council
May 8, 2023