Agenda — Hillsborough City Council, September 11, 2023

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, SEPTEMBER 11, 2023
3:00 PM STUDY SESSION
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
Meetings of the City Council are held in-person. As a courtesy, and in compliance with applicable state law, staff and members of the public 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/83041552450?pwd=MitwMUFhckVFL3gzb2duR0g0Q3liUT09 • Dial-in via phone:
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Meeting ID: 830 4155 2450
Passcode: 404321
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 p.m.)

CALL TO ORDER

ROLL CALL
A. STUDY SESSION: GAS-POWERED LEAF BLOWERS
Agenda – Hillsborough City Council
Monday, September 11, 2023

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ADJOURN STUDY SESSION
CLOSED SESSION (4:30 p.m.)

CALL TO ORDER

ROLL CALL

ANNOUNCEMENT OF CONFLICT OF INTEREST
This portion of the agenda is for Councilmembers to disclose any conflict of interest related to 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 – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant – Four Potential Cases (see claim forms and legal threat document in agenda packet)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Town of Hillsborough v. All Persons Interested in the Matter of the Proceedings for Resolution No. 22-83 Adopting Maximum Rates for Water Service Charges San Mateo Superior Court Case No. 23CIV01028

PUBLIC COMMENT
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.

ADJOURN CLOSED SESSION
REGULAR CITY COUNCIL MEETING (6:00 pm)
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. REPORT FROM CLOSED SESSION
V. MINUTES: May 8, 2023
VI. PROCLAMATIONS
Agenda – Hillsborough City Council
Monday, September 11, 2023

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• SEPTEMBER AS RECOVERY HAPPENS MONTH
https://www.vorsmc.org/
• SEPTEMBER AS SUICIDE PREVENTION MONTH
https://sanmateocrisis.org/
24/7 Crisis Hotline: 650-579-0350
VII. PRESENTATION
• COMMUNITY OVERCOMING RELATIONSHIP ABUSE (CORA) SPEAK UP CAMPAIGN • 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: AUGUST 1 THROUGH AUGUST 31, 2023 PURSUANT TO CEQA GUIDELINE 15378

2. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AMENDMENT TO THE EXISTING AGREEMENT WITH IT'S PERSONNEL

CONSULTING FOR AS-NEEDED HUMAN RESOURCES ADMINISTRATION AND CONSULTING SERVICES NOT-TO-EXCEED AMOUNT OF $260,000 PURSUANT TO CEQA GUIDELINE 15378

3. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AMENDMENT TO THE EXISTING EMERGENCY CONTRACT WITH FARALLON COMPANY FOR EMERGENCY RETAINING WALL WORK AT 2095 RALSTON AVENUE IN THE AMOUNT OF $6,605.00, FOR TOTAL CONTRACT AMOUNT OF $243,600.00, ACCEPTING THE PROJECT AS COMPLETE IN THE AMOUNT OF $243,600.00, AND DIRECTING STAFF TO FILE A NOTICE OF COMPLETION, PURSUANT TO CEQA GUIDELINES 15301 AND 15269
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Monday, September 11, 2023

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

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

GEOTECHNICAL AND ENGINEERING DESIGN SERVICES FOR THE MACADAMIA ACCESS ROAD REPAIR IN THE AMOUNT OF $215,870.00 RESULTING IN A TOTAL AMOUNT OF $284,264.00 PURSUANT TO CEQA GUIDELINE 15301

6. RESOLUTION ACCEPTING THE GRANT OF A TEN-FOOT-WIDE PUBLIC UTILITY EASEMENT AT 1217 SOUTHDOWN ROAD PURSUANT TO CEQA GUIDELINE 15301 XI. PUBLIC HEARING

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

BATTERY CABINETS (UTILITY BOX OUTDOOR FIXTURES) AT A LOCATION IN THE PUBLIC RIGHT OF-WAY WITHIN THE TRAFFIC ISLAND NEAR 1025 VISTA ROAD AND GRANTING COMCAST’S REQUEST FOR AN EXCEPTION TO POLICY NO. 19- 01 FOR THESE INSTALLATIONS, PURSUANT TO CEQA GUIDELINE 15303 XII. CITY MANAGER'S UPDATE
XIII. 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.

XIV. CITY COUNCIL ITEMS
This section of the agenda provides the City Council an opportunity to report their participation in activities related to any intergovernmental committee assignments. No action can be taken on any item not on the agenda.

XV. ADJOURNMENT
SPECIAL ACCOMMODATIONS:

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

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Monday, September 11, 2023

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ADDRESSING THE CITY COUNCIL:

Members of the public may provide written comments to the City Council regarding any item on the agenda up to two hours before the meeting to [email protected] or by mail/in person at 1600 Floribunda Avenue, Hillsborough, CA 94010. Any writings or documents provided to a majority of the City Council regarding any item on this agenda prior to the deadline, except as exempt from public disclosure under applicable law, will be available for public inspection on the Town website, and in the City Clerk’s Office at 1600 Floribunda Avenue, Hillsborough, CA 94010, during regular business hours. All oral comments made at public meetings, including a speaker’s name, are recorded and included as part of the public record in the meeting minutes. Meeting minutes are publicly accessible via the Town website and via various internet search engines. Written comments, including a commenter’s name, are a public record and subject to disclosure on the Town website and/or upon request pursuant to the California Public Records Act (with personal contact information including personal email addresses and personal phone numbers redacted).

AUDIO / VISUAL ADVISORY:

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

AUDIO OR VIDEO RECORDINGS:

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

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

STUDY SESSION

CITY COUNCIL MEETING
SEPTEMBER 11, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: STUDY SESSION: GAS-POWERED LEAF BLOWERS
______________________________________________________________________________ SUMMARY: The Town of Hillsborough has been considering regulations related to the use of leaf blowers in Town for the past few years. In August 2023, City Council directed staff to schedule a study session for further discussion of a ban of gas-powered leaf blowers and modifications to the Hillsborough Municipal Code.

In 2021, California passed a law, Assembly Bill 1346, banning the sale of gas-powered leaf blowers, lawnmowers, chain saws, and generators (among other small off-road engines) starting July 1, 2024. The law also establishes emissions reductions for existing gas-powered leaf blowers as of July 1, 2022. In efforts to make the switch easier, the bill also requires the California Air Resources Board (CARB) to identify and, to the extent feasible, make available funding for commercial rebates or similar incentive funding. As of November 2022, CARB has allocated $27,000,000 in funding for this voucher program.

This report includes an example of a past staff report from April 2021 (Attachment 1), detailing research and policy considerations related to banning the use of gas-powered leaf blowers and a draft redline of the existing noise ordinance containing modifications to ban leaf blowers (Attachment 2). This report also contains a summary of the programmatic elements, summarized below.

SUMMARY OF ORDINANCE MODIFICATIONS AND PROGRAM ELEMENTS The leaf blower ban program will consist of (1) ordinance modifications, as outlined above, (2) a public education program, and (3) an enforcement strategy. (1) Ordinance Modifications - Attachment 2 contains a draft redline ordinance with proposed modifications to the code:
a. Prohibits the use of any leaf blower powered by an internal combustion engine after July 1, 2024.
b. Requires that all leaf blowers must bear an affixed manufacturer’s label indicating the model number and designated noise level not in excess of sixty-five dBA when measured from a distance of fifty feet, utilizing the American National Standard Institute methodology.
c. Aligning permitted time of use for leaf blowers with construction – 8 a.m. to 5 p.m., Monday through Friday.
d. Violations related to gardening equipment result in an infraction, governed under Hillsborough Municipal Code Section 8.32.040(B)(1)(a)
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i. Every violation determined to be an infraction shall be punishable by (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year; or the maximum penalty allowed by law for any or all such violation
(2) Public Education Program – The public education program relates to the direct communication efforts made on behalf of the town related to the roll-out of the new ordinance modifications.
a. Timing – January through July 2024
b. Town communication channels
i. Weekly Bulletin announcements
ii. Quarterly Newsletter articles
iii. Hillsborough Police Department Social Media
c. Direct Outreach
i. Direct mailed postcard/handout to all residents
ii. Direct mailer summarizing ordinance changes and postcard/handout to all landscapers/gardeners with an active business license in Hillsborough d. Word of Mouth/Community Messaging
i. Community Meeting
ii. Updates at City Council meeting(s)
(3) Enforcement Strategy
a. Report to Hillsborough Police Department via non-emergency line b. Warnings/Violations
i. Who – flexibility to issue warnings or violations to the homeowner or equipment user
ii. Warnings – HPD to issue warnings initially, combined with public messaging (flyer, postcard with information related to the ordinance change and/or rebate program)
iii. Violations issued as infractions, per the Municipal Code FISCAL IMPACT: There is no immediate fiscal impact to the Town as a result of this report.

Adoption of leaf blower regulations may have a fiscal impact on Town operations, dependent on the scope, that would be evaluated at the time of consideration.

ENVIRONMENTAL ISSUES: Pursuant to CEQA Guidelines Section 15061(b)(3), also known as the “general rule” exemption, the ban on gas-powered leaf blowers is exempt from CEQA as it can be seen with certainty that it will have no possibility for causing a significant effect on the environment as leaf blowers powered by other means are still permitted.

ATTACHMENTS:

1. April 2021 Staff Report
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2. Draft Redline Ordinance

3. Sample Communication Flyer (Palo Alto)
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Accept this report and provide direction related to any modifications to the Hillsborough Municipal Code.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
13 INFORMATIONAL

CITY COUNCIL MEETING
APRIL 12, 2021

AGENDA STAFF REPORT
ITEM SUBJECT: LEAF BLOWERS IN THE TOWN OF HILLSBOROUGH
SUMMARY: At the January 11, 2021 City Council meeting, staff presented an informational report on the use of leaf blowers in Hillsborough along with a proposed work plan with a timeline for implementing changes to leaf blower use and impacts. Staff has begun implementing the work plan and has returned with a revised draft work plan as well as information related to enforcement challenges learned from other jurisdictions that have implemented ordinances to control both gas powered leaf blowers and/or noise.

BACKGROUND
In October 2019, staff began reviewing the use of leaf blowers in Hillsborough and presented an informational item at the City Council Goal Setting Session in February 2020. In March 2020, the Shelter In Place (SIP) Order went into effect prohibiting gardeners and landscapers from working.

The SIP delayed landscaping work in the community and concurrently delayed the City Council's public discussion of leaf blowers. Gardening and landscaping services resumed after the SIP.

Following the informational report and draft work plan presented in January 2021, staff began public education efforts on the existing noise ordinance as well as research to inform next steps on the creation of an ordinance.

STATE REGULATIONS ON LEAF BLOWER USE
At this time, there is no proposed state legislation to control or limit the use of leaf blowers. Town staff will continue to monitor state legislation and provide informational reports to Council.

LEAF BLOWER REGULATION OVERVIEW
Table 1, which was included in the January 2021 staff reporting, provides an overview of the different policy alternatives and their projected effectiveness on addressing impacts in comparison to the Town’s current regulations.
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ATTACHMENT 1
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Table 1. Evaluation Summary – Leaf Blower Ordinance Alternatives Evaluation
Criteria
(1) Noise
and/or Time of
Day
Restrictions
(2) Temporary
Leaf Blower
Ban Days
(3) Gas Leaf
Blower Ban
(4) Complete
Gas and
Electric Leaf
Blower Ban
(5) Electric Leaf
Blower
Incentive
Program
A. Noise Current
approach in
place
Monday –
Friday
9am to 5pm
only
< 70 dB @ 25’
from the unit
+ + + + +
B. Pollutants + + + + +
C. Cost (User) No impact *** *** **
D. Time (User) * ** *** **
E. Ease of
Enforcement **
** + + + +
F. Cost (City) ** ** *** ***
LEGEND *** Significant Impact
** Impact
* Some Impact
+ + + Significant Improvement
+ + Improvement
+ Some Improvement
Currently, the Town’s noise is regulated through the noise ordinance which limits noise generated from gardening devices to Monday through Friday between 9am and 5pm when measured from a distance of 25 feet from the loudest operating motor.

In comparison to other like noise ordinances, Burlingame, Saratoga, and Los Gatos noise ordinances restrict noise to 65 dB when measured from a distance of 50 feet from the operating motor.

Note: The Hillsborough limitations of 70 dB at 25 feet equal an equivalent limit of 64 dB at 50 feet, which is comparable to a limitation of 65 dB at 50 feet. Additionally, when leaf blowers list their dB rating, it represents the sound emitted when measured at a distance of 50 feet.

The limit placed in Hillsborough, and the comparable limitations in place in various municipalities, represent the limit of louder human speech meaning that this restriction is equal to the range of noise people could expect to hear inside a crowded room. To compare sound emission levels, for every six dBAs1, a sound is either twice or half as loud. For example, a 71 dBA blower is twice as loud as a 65 dBA one.

How to measure Leaf Blower Noise Levels
The American National Standards Institute (ANSI) created a testing standard for measuring sound level test procedures for leaf blowers, titled ANSI B175.2. While this testing is not 1 dBAs are used to estimate leaf blower noise, rather than dB – weighted decibels (dBA) represent decibels that have been weighted to approximate what the human ear hears and to accommodate sounds that ears are most sensitive (e.g., highfrequency sounds). -5-
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mandatory for leaf blower sales, it can be used to categorize leaf blowers on the market. A summary of the various categories is provided in Table 2, below. It is noted that the ANSI Categories are measured based on a 50-foot distance and that the Category I leaf blowers are the only leaf blowers compliant with the Town’s existing noise ordinance.

Table 2. ANSI Categories
ANSI Categories Sound Rating Requirement
(50-foot distance)
Category I 65 dBA or less
Category II 66 to 70 dBA
Category III 71 dBA or higher
As shown in Figure 1, generally gas-powered leaf blowers are significantly louder than their electric or battery-powered counterparts. Generally, gas powered leaf blowers are rated between 70 dB to more than 90 dB, which generally exceed the Town’s existing noise ordinance. However, with technology advances, the difference in noise emissions between gas-powered and electric blowers is narrowing and it is important to note that there are electric leaf blowers that are louder than their gas-powered counterparts. Table 3 shows a summary of the research done on the available leaf blowers on the market, including the noise range, power (in mph), and approximate cost. For comparability, the approximate cost for electric leaf blowers includes the cost of four batteries since each battery reportedly lasts approximately 30 minutes.

Table 3. Summary of Leaf Blowers Available
Leaf Blower Type Noise Rating Range Maximum MPH Approximate Total Cost Electric (Battery Powered) –
including 4 batteries 59 dBA – 85 dBA 81 - 145 mph $329 - $669 Electric (Corded) 64 dBA – 104 dBA 135 – 240 mph $37 - $300 Gas Powered 64 dBA – 103 dBA 115 - 251 mph $240 - $620

ENFORCEMENT CHALLENGES
In conversations with various municipalities that have instated regulations on leaf control use (either by fuel type or noise level), enforcement remains a challenge. A summary of the major challenges reported is provided below.
(a) The simplest regulation to enforce is a complete leaf blower ban (both gas and electric)
o Due to the similarity in noise emissions (as shown in Table 3), it can be difficult to tell if the noise is an electric or gas-powered leaf blower. (b) Law enforcement personnel are typically responsible for enforcement o Typically, in small jurisdictions, law enforcement is responsible for responding to complaints and these calls are commingled with other low priority calls. o Successful programs have hired code enforcement officers dedicated to this issue -6-
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(c) Staff responsible for enforcement must witness the violation occurring o Law enforcement personnel (or code enforcement officer) must witness the leaf blower use that violates the specific ordinance – typically, photos or reports from residents do not qualify as sufficient justification for citation (d) Citations are not always enough of a deterrent
o Other jurisdictions have reported difficulty in collecting fines from repeat offenders which lessens the teeth of the ordinance
o The fine needs to be sufficiently high to encourage compliance and there needs to be a mechanism in place to follow-up those who do not pay their citations o Difficulty in determining who and how to fine – the leaf blower user, the property owner, or both

PUBLIC EDUCATION CHALLENGES
In addition to the enforcement challenges, any rollout of new leaf blower regulations must be done so there is enough time, information, and clarity to ensure it is successful. A summary of best practices and lessons learned from other municipalities is provided below. (a) Sufficient Roll Out Time
o Municipalities with successful programs point to a lengthy and thoughtful roll out period with sufficient time to prepare communications, radio ads, and demo-days (to illustrate the benefits of switching equipment)
o A longer time period also allows for technology advancements to continue in order to reduce noise further and allow users to save up to purchase new equipment o Typical roll-out time averaged between one to two years following adoption of the new ordinance
(b) Cooperation with Neighboring Jurisdictions
o Since many of the landscapers and gardeners work in multiple jurisdictions, coordination or cooperation to streamline ordinances can help reduce confusion (c) Communication with Target Audience
o Other jurisdictions reported challenges reaching the target audience to let them know of the ordinance changes:
 Sending communication to the contact or address listed on the business license did not always reach the right person (the user)  Business license databases were not always a reliable inventory of all contractors doing business in the municipality
 Language barriers created challenges – other jurisdictions saw success through radio ads, in-person events, and multi-lingual brochures

REVISED WORK PLAN
Based on the information provided above, the work plan has been revised to adjust the path forward from a ban on two stroke leaf blowers to an amendment to the noise ordinance. As shown in Table 3, simply banning a particular type of leaf blower will not necessarily generate noise -7-
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reduction. Additionally, the Town’s noise ordinance restricts leaf blower use to less than 70 dBA when measured 25 feet from the unit. The ANSI ratings, as well as neighboring jurisdictions, use a distance of 50 feet and a limit of 65 dBA. While the actual sound of both limits is virtually the same, it will make it less confusing to the buyer of the unit and it will help with compliance in that the Town will have similar regulations to that of neighboring municipalities.

Objective: Reduce noise-related complaints and issues in the town related to leaf blowers and other noise-generated activities such as construction.

Major Activities
Phase I: Public Education and Outreach Campaign Related to Current Regulations  Activity 1: Coordinate Noise Ordinance Outreach and Education Efforts (2020/21)  Activity 2: Improve Noise-Related Enforcement Efforts (2020/21)  Activity 3: Test and begin a replacement program of non-compliant leaf blowers for the Town’s equipment inventory and Town contractors (2020/21)  Activity 4: Develop Multi-Language Outreach Program to Encourage Voluntary Compliance (2021)
Phase II: Evaluate Amendments to the Current Regulations based on Data Collected  Activity 5: Develop Regulations to Amend Noise Ordinance Ban Use of Two-Stroke Leaf Blowers (2021)
 Activity 6: Develop Rebate/Voucher Program – dependent on funding availability (2022)  Activity 7: Analyze the data being captured in the Hillsborough Police Department’s RMS CAD system to see if further action is needed (2022)
Table 4. Proposed Work Plan
Activity and Tasks Tentative
Schedule
Department(s) Involved
(Lead Dept. shown in BOLD)
Phase I: Public Education and Outreach Campaign Related to Current Regulations Activity 1: Coordinate Noise Ordinance Outreach and Education Efforts (2020/21)

1.1 Develop a single coordinated multi-language handout that is updated annually with the Noise Ordinance
and Best Management Practices. Include a QR code
that directs individuals to the website for additional
information.
2021, Quarter 1
(updated
annually)
Building
City Manager’s Office
Finance
Police
Public Works

1.2 Distribute handout when business licenses are issued, permits are issued, inspections are conducted, and
enforcement contracts are made.

Ongoing Building
Finance
Police

1.3 Require contractors, landscapers and gardeners to
acknowledge the requirements in the Noise
Ongoing Finance
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Activity and Tasks Tentative
Schedule
Department(s) Involved
(Lead Dept. shown in BOLD)
Ordinance when business licenses are issued and
renewed

1.4 Develop an easy to follow multi-language website of the requirements of the Noise Ordinance
2021, Quarter 1 City Manager’s Office

1.5 Include outreach and educational information in the Town’s quarterly newsletter and monthly eAnnouncement
Ongoing City Manager’s Office

1.6 Monitor proposed/pending state legislation that may affect local government
Ongoing City Manager’s Office
Activity 2: Improve Noise-Related Enforcement Efforts (2020/21)

2.1 Add specific noise-related complaint types into
the Hillsborough Police Department’s RMS CAD
system so issues can be tracked and monitored,
and specific types of noise-related complaints
can be tracked
Ongoing Police
Activity 3: Test and begin a replacement program of non-compliant leaf blowers for the Town’s equipment inventory and Town contractors (2020/21)

3.1 Identify and replace as feasible all two-stroke
gas-powered equipment from the Town’s
equipment inventory and replace with battery,
electrical or newer four-stroke equipment if
applicable
2021, Quarter 3 Public Works

3.2 Work with Town contractors to transition to the
use of electrical equipment and/or four-stroke
motors where applicable
2021, Quarter 3 Public Works

3.3 As part of the contract process require all Town
contractors to comply with Chapter 8.32 – Noise.

Ongoing Public Works
Police
Activity 4: Develop Multi-Language Outreach Program to Encourage Voluntary Compliance (2021)

4.1 Create an outreach program in multi-languages
with a focus on gardeners and landscapers to
voluntarily replace all non-compliant equipment
within two years, including the following
elements:
• Direct mailers
• Informational banners
• Site visits
• Flyers in water bills
• Town posters
2021, Quarter 1 City Manager’s Office
Finance
Police
Public Works

4.2 Work with Town residents on an awareness
campaign to encourage voluntary compliance
and noise reduction through:
• Working with your neighbors to coordinate leaf
blower use on a single day of the week
2021, Quarter 2 City Manager’s Office
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Activity and Tasks Tentative
Schedule
Department(s) Involved
(Lead Dept. shown in BOLD)
• Purchasing equipment for your
landscaper/gardener
• Other community generated solutions
Phase II: Evaluate Amendments to the Current Regulations based on Data Collected Activity 5: Develop Regulations to Ban use of Two-Stroke Leaf Blowers Amend Noise Ordinance (2021)

5.1 Draft amendment to noise ordinance to ban use
of two-stroke leaf blowers in Town (if no Statelevel legislation pending) 2021, Quarter 2 City Manager’s Office
City Attorney

5.2 Shift Phase I outreach efforts (Activities 1 and 4) to educate on new, proposed ordinance in order
to assess community support
2021, Quarter 2 City Manager’s Office

5.3 Bring draft ordinance to City Council for approval
• Determine effective date (Quarter 3)
• Determine date enforcement begins
2021 City Manager’s Office
City Attorney

5.4 Restart Phase I outreach efforts (Activities 1 and
4) to educate community on new ordinance
2021, Quarter 4 City Manager’s Office

5.5 Begin enforcement of the new ordinance based
on Council direction
TBD Police
Activity 6: Develop Rebate/Voucher Program - Dependent on Funding Availability (2022)

6.1 Assess grant funding opportunities through
California Air Resources Board
2022, Quarter 1
(ongoing)
City Manager’s Office

6.2 Develop program offering electric leaf blower
rebates by determining:
• Rebate amount
• Program Term
• Program Limits (i.e., one per household)
• Application
• Distribution methodology
2022, Quarter 2 City Manager’s Office
Finance

6.3 Administer rebate program 2022, Quarter 3 City Manager’s Office Finance
Activity 7: Analyze the data being captured in the Hillsborough Police Department’s RMS CAD system to see if further action is needed (2022)

7.1 Draft informational report for Council reporting
on noise-related complaint information and any
relevant state legislation pending
2022, Quarter 1 City Manager’s Office
Police

7.2 Draft alternative solutions to amend the
ordinance, including:
• Incorporate gas-powered gardening equipment
into the Town’s Climate Action Plan
2022, Quarter 3 City Manager’s Office
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POLICY FOCUS
The Town of Hillsborough General Plan, Chapter 6, Noise Element: While restrictions on the use of leaf blowers are not specifically identified in the General Plan, additional requirements or restrictions could be considered to meet Goal N-1: Minimize noise levels within neighborhoods so that residents may enjoy the benefits normally associated with residential communities.

In 2022, the Town of Hillsborough will begin a General Plan Update and can include a gaspowered leaf blower ban as a GHG reduction measure.

FISCAL IMPACT: If the noise ordinance as written was fully enforced, the Town, property owners and/or contractors currently using non-compliant gas-powered blowers that exceed the noise levels of 70 dBA at 25 feet would be required to purchase compliant leaf blowers. Costs could also be incurred for the Town and residents depending on the extent of any associated costs for a replacement recognizing that funding for incentives is limited. Staff time would be required for the development, implementation, monitoring and enforcement of the noise level (dBA) restrictions.

There would also be a fiscal impact to the Town and residents if the Town changed the current ordinance or if the Town transitioned from complaint-based enforcement to strict compliance enforcement.

ENVIRONMENTAL ISSUES: There is no environmental impact as receiving this report will not cause a physical change in the environment.

ATTACHMENTS: None
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Accept this report and provide direction related the revised workplan, summarized below.

Table 5. Summary of Revised Work Plan
Phases and Activities Proposed Schedule
Phase I: Public Education and Outreach Campaign Related to Current Regulations Activity 1: Coordinate Noise Ordinance Outreach and Education Efforts 2020/21 Activity 2: Improve Noise-Related Enforcement Efforts 2020/21 Activity 3: Test and begin a replacement program of non-compliant leaf blowers for the Town’s equipment inventory and Town contractors 2020/21 Activity 4: Develop Multi-Language Outreach Program to Encourage Voluntary Compliance 2021
Phase II: Evaluate Amendments to the Current Regulations based on Data Collected Activity 5: Develop Regulations to Ban use of Two-Stroke Leaf Blowers Amend Noise Ordinance 2021
Activity 6: Develop Rebate/Voucher Program - Dependent on Funding Availability 2022 -11-
Agenda Staff Report - Hillsborough City Council
April 12, 2021

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Phases and Activities Proposed Schedule
Activity 7: Analyze the data being captured in the Hillsborough Police Department’s RMS CAD system to see if further action is needed 2022 -12-
Title 8 - HEALTH AND SAFETY
Chapter 8.32 NOISE
Hillsborough, California, Code of Ordinances Created: 2023-07-07 15:20:01 [EST] (Supp. No. 27, Update 1)

Page 1 of 4 ends

Chapter 8.32 NOISE
Sections:

8.32.010 Declaration of policy.

It is declared to be the policy of the town of Hillsborough that the peace, health, safety and welfare of the town's residents require protection from excessive, unnecessary and unreasonable noises from any and all sources in the town. The purpose of this chapter is to preserve and enhance the tranquility for which the Ttown is noted, to implement the goal of the general plan to minimize noise levels within neighborhoods so that residents may enjoy the benefits normally associated with residential communities, and to control the adverse effect of noise sources, all to the extent reasonably possible.
(Ord. 664 § 1, 2005; Ord. 439 (part), 1987)

8.32.020 Definitions.

For the purposes of this chapter, certain terms are defined as follows:
"Discretionary noise" consists of the noises of construction heavy machinery, gas-powered gardening devices, electric-powered gardening devices, residential power equipment, and other powered outdoor equipment, and the noises of other activities and devices not included in normal noise. "Electric-powered gardening device" means any portable machine powered with electricity and used in gardening, including but not limited to a leaf blower, lawn mower, hedge trimmer, edger, rototiller, or chain saw. "Electric-powered gardening device" means any device described in subsection G of this section but powered by electricity instead of gas.
"Emergencies" means essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm. Such activities include actions initiated by the town of Hillsborough, public utility companies or private individuals.
"Gas-powered gardening device" means any portable machine powered with a gasoline engine and used in gardening, including, but not limited to a, (1) leaf blower, (2) lawn mower, (3) hedge trimmer, (4) edger, (5) rototiller, or (6) chain saw.
“Leaf blower” means any portable machine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns, or other surfaces.
"Normal noise” consists of "Normal noise" consists of the noises of vehicular traffic, household appliances usually used within the living areas of a residential dwelling and similar articles used indoors, human voices, domestic pets, wildlife, weather and other forces of nature, and the other inevitable and ordinary noises of living. "Noise level" means the maximum continuous sound level or repetitive peak sound level, produced by a source or group of sources as measured with a sound level meter. "Property plane" means a vertical plane including the property line which determines the property boundaries in space.
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ATTACHMENT 2
Created: 2023-07-07 15:20:00 [EST]
(Supp. No. 27, Update 1)

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"Residential power equipment" means any of the following devices which are mechanically powered: saw, chain saw, sander, drill, grinder, generator, air compressor, power washer, electric-powered (but not gas-powered) gardening devices other than leaf blower, or any other similar tool or device. "Sound level," expressed in decibels (dB), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Terminology," paragraph 2.9, or successor reference. All references to dB in this chapter utilize the A-level weighting scale, abbreviated dBA, measured as set forth in this section. "Sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters." “Unreasonable noise” means any and all excessively annoying, loud or unusual noises or vibrations that exceed the sound level limits set forth in Section 8.32.040(C) or offend the peace and quiet of persons of ordinary sensibilities and which interfere with the comfortable enjoyment of life or property and affect at the same time an entire neighborhood, or any considerable number of persons. "Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a highway or street.
(Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.030 Normal noise and discretionary noise.
"Normal noise" consists of the noises of vehicular traffic, household appliances usually used within the living areas of a residential dwelling and similar articles used indoors, human voices, domestic pets, wildlife, weather and other forces of nature, and the other inevitable and ordinary noises of living. "Discretionary noise" consists of the noises of construction heavy machinery, gas-powered gardening devices, electric-powered gardening devices, residential power equipment, and other powered outdoor equipment, and the noises of other activities and devices not included in normal noise.
(Ord. 664 § 2 (part), 2005: Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.040 When allowed.

A. Unreasonable noise is prohibited.

B. Normal noise shall be allowed at any time all seven days of the week.

CB. Discretionary noise shall be allowed only as follows (or as allowed under the exceptions set forth in Section

8.32.050 of this chapter):

1. Construction.
a. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may perform construction, alteration, demolition or repair, and anyone may operate residential power equipment provided that the noise level from all sources combined (whatever the sources are), as measured twenty-five feet outside the property line, shall not exceed one hundred dBA at distance of twenty-five feet outside the property line. This standard is the “property plane standard.”. b. On Saturdays, anyone may perform construction, alteration, demolition or repair pursuant to a valid building or other applicable permit issued by the town so long as the activities do not produce, singly or in combination, a total combined noise level of more than seventy dBA outside of the property plane; provided, -14-
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(Supp. No. 27, Update 1)

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however, that the building permit or other applicable permit may contain restrictions beyond those in this section, in which case, such greater restrictions shall control. c. On Sundays and holidays observed by the Town, meaning that the city clerk’s office is closed for observance of the weekday holiday, discretionary noise is prohibited.

2. Residential Power Equipment.
a. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may operate (on the owner’s or resident’s property) residential power equipment if the property plane standard is met. b. On Saturdays, between the hours of Between Ten A.M. and Five P.M., on Saturdays, anyone may operate (on the owner’s or resident’s property) devices, equipment and machines, not otherwise prohibited by this Code, that do not produce, singly or in combination, a total combined noise level of more than sixty-five dBA outside of the property plane.
c. On Sundays and holidays observed by the Town, meaning that the city clerk’s office is closed for observance of the weekday holiday, discretionary noise is prohibited.

3. Leaf Blowers.
a. No person shall operate any gas-powered leaf blower after July 1, 2024. b. No person shall operate any leaf blower, not otherwise prohibited by this Code, which does not bear an affixed manufacturer’s label indicating the model number of the leaf blower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing the American National Standard Institute methodology.
c. No person shall operate any leaf blowers, not otherwise prohibited by this Code, except during the hours of eight a.m. and five p.m., Monday through Friday so long as the property plane standard is met.

1. Monday through Friday (except holidays observed by the town, meaning that the city clerk's office is closed for observance of the weekday holiday):
a. Between Eight A.M. and Five P.M. Anyone may perform construction, alteration, demolition or repair, and anyone may operate residential power equipment provided that the noise level from all sources combined (whatever the sources are), as measured twenty-five feet outside the property line, shall not exceed one hundred dBA. This standard is the "property plane standard." b. Between Five P.M. and Eight P.M. Property owners and residents (and family members of either) may operate (on the owner's or resident's property) residential power equipment if the property plane standard is met.
c. Between Nine A.M. and Five P.M. Anyone may operate gas-powered or electric-powered gardening devices that do not produce a total combined noise level in excess of seventy dBA when measured from a distance of twenty-five feet from the loudest operating motor.

2. Saturday:
a. No leaf blowers at any time;
b. Between Ten A.M. and Five P.M. Owners and residents (and family members of either) may operate (on the owner's or resident's property) devices, equipment and machines, other than leaf blowers, that do not produce, singly or in combination, a total combined noise level of more than seventy dBA outside of the property plane.

Anyone may perform construction, alteration, demolition or repair pursuant to a valid building or other applicable permit issued by the town so long as the activities do not produce, singly or in combination, a total -15-
Created: 2023-07-07 15:20:00 [EST]
(Supp. No. 27, Update 1)

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combined noise level of more than seventy dBA outside of the property plane; provided, however, that the building permit or other applicable permit may contain restrictions beyond those in this section, in which case, such greater restrictions shall control.

3. Sunday and weekday holiday: no discretionary noise of any kind. (Ord. 664 § 2 (part), 2005: Ord. 567 § 1, 1998; Ord. 561 §§ 2—4, 1997; Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.050 Exceptions.

A. Refuse collection activities shall be permitted as provided in Section 8.12.050 of this code so long as they do not produce a noise level in excess of ninety-five dBA measured at a distance of twenty-five feet from the source.

B. Audible warning devices required by law to protect the health, safety and welfare of the community shall be permitted so long as they do not produce a noise level more than three dBA above the standard or minimum level stipulated by law. This is in addition to the requirements for burglary, fire and robbery alarms imposed by Chapter 5.12 of this code. Vehicle horns or other devices primarily intended to create a loud noise for warning purposes shall comply with the applicable provisions of the California Vehicle Code and other applicable law.

C. Sound performances and special events not exceeding eighty dBA measured at a distance of fifty feet from the source are exempt from this chapter when approval therefor has been obtained from the appropriate governmental entity.

D. Emergencies shall be exempt from this chapter.
(Ord. 664 § 2 (part), 2005: Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.060 Violations.

Violations of any provision of this chapter shall be a misdemeanor except that any violation with respect to the operation of residential power equipment or gas- or electric-powered gardening devices shall be an infraction unless such operation is part of construction, alteration, demolition or repair set forth in Section 8.32.040(B)(1)(a) of this chapter.
(Ord. 664 § 3, 2005; Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.070 Administrative rules.

The city manager may adopt reasonable rules and regulations for the purpose of administering the provisions of this chapter.
(Ord. 538 (part), 1994; Ord. 439 (part), 1987)
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GAS-POWERED LEAF BLOWERS

PROHIBITED

IN RESIDENTIAL NEIGHBORHOODS
While it’s been a city law since 2005, the City is reminding the public to go with an electric or battery-powered blower, or grab a rake or broom, for landscaping and garden clean ups in our residential areas. Gas-powered leaf blowers not only pollute our air but make a lot of noise that disturb our neighborhoods. If you see — or hear — somebody using a gas-powered leaf blower in a residential area, there are a few options to report it.

USING A GAS POWERED LEAF BLOWER MAY BE SUBJECT TO FINES LANDSCAPERS:

Convert to electric
leaf blower.

PROPERTY OWNERS: Make
an electric leaf blower available
for your landscaper or provide
an extra battery for their use.

NEIGHBORS: Download the
flyer online to help inform
your neighbors of the
City’s requirements.

Share this
information with
neighbors who
may not be aware.

Make an electric leaf
blower available for your
landscaper or extra
battery for their use.

Submit or report a call
using the Palo Alto 311
app with the day of the
week and time of violation.
cityofpaloalto.org/LeafBlowers
Contact Code Enforcement: (650) 329-2605
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ATTACHMENT 3

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CLOSED SESSION ITEM A
1 OF 4
-20-

CLOSED SESSION ITEM A
2 OF 4
-21-

CLOSED SESSION ITEM A
3 OF 4
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

CLOSED SESSION ITEM A
4 OF 4
-22-

UNAPPROVED MINUTES
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 participated in the meeting in person at Town Hall or virtually via Zoom Video Conference.

STUDY SESSION

CALL TO ORDER
Mayor Krolik called the meeting to order at 3:00 p.m.

ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik
A. STUDY SESSION ON FY 2023-24 PROPOSED BUDGET AND SCHEDULE OF FEES AND

CHARGES
Acting City Manager Jan Cooke and Assistant Finance Director Rich Santiago presented the staff report. Public Works Director Paul Willis and Police Chief Doug Davis provided additional information.

Mayor Krolik suggested modifications to the budget introduction and overview. Following discussion, without objection, the following edits were directed: replacement of the word “superior” in the mission statement with “unique;” in the “Brief History and Profile” section on page 26, removal of the word “wealthy;” removal of the 4th paragraph regarding the Gold Rush; on page 27, replacement of ““perfumed city” (as one San Francisco newspaper put it)” with “a new town,” and on page 28, the second bullet point under “Town Services,” replacing “through the public school” with “JPA with the public school).” City Attorney Diaz stated that staff would look at the history of the mission statement and confirm whether formal action is needed to modify it, and if so, would bring it back to the City Council for approval.

Mayor Krolik requested more information regarding the increase in the Appeal of ADRB Decision and the Appeal of an Administrative Determination fees on page 280.

ADJOURN STUDY SESSION
Mayor Krolik adjourned the meeting at 4:00 p.m.

CLOSED SESSION

CALL TO ORDER
Mayor Krolik called the meeting to order at 4:04 p.m.

ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik
-23-
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Monday, May 8, 2023

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PUBLIC COMMENT
There were no speakers.

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

CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
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 (legal threat documents in agenda packet) D. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957
Title: City Manager

ADJOURN CLOSED SESSION
The Closed Session was adjourned at 6:01 p.m.

REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Krolik called the meeting to order at 6:07 p.m.

II. ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik
III. PLEDGE OF ALLEGIANCE
Mayor Krolik led the Pledge of Allegiance.

IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz stated there was no reportable action and direction was given to staff.

V. MINUTES: April 10, 2023, April 17, 2023 and April 26, 2023 Special Meetings On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on roll call vote with Councilmember Royse abstaining on the minutes of April 10, 2023 due to his absence from that meeting, the minutes of the April 10, 2023, April 17, 2023 and April 26, 2023 Special Meetings were approved.

VI. PROCLAMATIONS
• MAY AS MENTAL HEALTH MONTH
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Vice Mayor Cole read a proclamation in recognition of May as Mental Health Month.

County of San Mateo Behavioral Health Commissioner Paul Nichols received the proclamation and provided comments.
• MAY AS JEWISH AMERICAN HERITAGE MONTH
Councilmember Ragsdale read a proclamation in recognition of May as Jewish American Heritage Month. Former Mayor Tom Kasten provided comments. • MAY AS ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH Councilmember Chuang read a proclamation in recognition of May as Asian American and Pacific Islander Heritage Month.
• NATIONAL PUBLIC WORKS WEEK
Councilmember Royse read a proclamation in recognition of National Public Works week. Public Works Director Willis received the proclamation and provided comments.

VII. PRESENTATION
• MAYOR'S APPLAUSE
Mayor Krolik recognized resident Kirk Syme with Mayor’s Applause for his assistance to the Town as a member of the Housing Element Advisory Committee and for providing his expertise related to the Town-owned opportunity sites identified in the draft Housing Element. Mr. Syme provided brief comments.

VIII. PUBLIC COMMENT I
There were no speakers.

IX. ANNOUNCEMENT OF CONFLICT OF INTEREST
Councilmember Ragsdale announced regarding Item 10, that she falls within the small shareholder exception and that she drove by the two proposed sites. Councilmember Ragsdale disclosed regarding item 12, that she no longer falls under the small shareholder exception and must recuse herself from participation in the item under the Political Reform Act.

Mayor Krolik reported she listened to neighbors regarding Item 10.

Councilmember Chuang, Councilmember Royse, Mayor Krolik and Vice Mayor Cole reported regarding Item 10 that they drove by the two proposed sites but have not spoken to anyone.

X. CONSENT CALENDAR
Mayor Krolik suggested a modification to Item 5 to reference two Pride Flags, as the Town displays two flags.

Councilmember Royse requested to remove Item 2 and Item 6.

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

On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, Consent Calendar Items 1, 3, 4, 5 (as amended), 7, 8 and 9 were approved.

1. MONTHLY CLAIMS: APRIL 1 THROUGH APRIL 30, 2023 PURSUANT TO CEQA GUIDELINE 15378
The monthly claims for April 1 through April 30, 2023 were approved as submitted. -25-
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2. RESOLUTION APPROVING THE TOWN OF HILLSBOROUGH’S UNCLAIMED FUNDS POLICY PURSUANT TO CEQA GUIDELINE 15378
Acting City Manager Jan Cooke responded to City Council questions. Public Works Director Paul Willis and City Attorney Christopher Diaz provided additional information.

MOTION: Councilmember Royse moved and Vice Mayor Cole seconded the motion to modify the minimum amount from $15 to $50.

Following discussion, City Attorney Diaz recommended continuing the item to the next regular meeting following a review of State law related to the $15 and for potential modifications to the policy to aggregate the amounts for an annual newspaper publication.

Councilmember Royse withdrew his motion.

Without objection, the resolution adopting the Town of Hillsborough’s Unclaimed Funds Policy pursuant to CEQA Guideline 15378 was continued to the next regular City Council meeting.

3. RESOLUTION PROVIDING FOR INTERIM MODIFICATIONS TO THE BUSINESS LICENSE TAX PURSUANT TO CEQA GUIDELINE 15378
The resolution providing for interim modifications to the Business License Tax pursuant to CEQA Guideline 15378 was adopted.

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
The 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 was adopted.

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
The resolution authorizing the display of two Pride Flags at Town Hall to commemorate Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month pursuant to CEQA Guideline 15378 was adopted.

6. RESOLUTION AUTHORIZING THE TOWN HALL LIGHTING SCHEDULE FOR THE REMAINDER OF 2023 TO COMMEMORATE EVENTS, PURSUANT TO CEQA GUIDELINE 15378
Councilmember Royse suggested lighting Town Hall red in the month of February for American Heart Month and for Go Red for Women Month.

City Clerk Lisa Natusch stated the suggested red lighting for February would be included in the 2024 lighting schedule.

On motion by Councilmember Royse, seconded by Vice Mayor Cole and unanimous on roll call vote, the resolution authorizing the Town Hall lighting schedule for the remainder of 2023 to commemorate events pursuant to CEQA Guideline 15378 was adopted.

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
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The 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 was adopted.

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 The 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 was adopted.

9. APPROVE THE ANNUAL “MILITARY EQUIPMENT” REPORT AND RENEW ORDINANCE NO. 785 REGARDING A MILITARY EQUIPMENT POLICY PURSUANT TO CEQA GUIDELINE 15061(B)(3)
The annual “Military Equipment” Report was approved and Ordinance No. 785 Regarding a Military Equipment Policy was renewed 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
Public Works Director Paul Willis presented the staff report. City Attorney Christopher Diaz provided additional information.

Mayor Krolik opened the public hearing at 7:08 p.m.

Applicant Dillon Auyoung, Director of Government Affairs, Comcast and Billy Glisson, Area Construction Manager, Comcast, provided brief comments.

Mayor Krolik opened public comment on the 1040 Crystal Springs Road location.

Abhi Sawant expressed concern that the location was not considered previously, requested hedges on the street side of the cabinets, and inquired if Policy No. 19-01 should be modified rather than the need to consider exceptions to the policy.

Mayor Krolik closed public comment on the 1040 Crystal Springs Road location.

By unanimous poll, the City Council expressed support for the 1040 Crystal Springs Road location with the addition of a landscaping requirement.

Mr. Glisson and Public Works Director Willis responded to City Council questions regarding the 1025 Vista Road location.

Mayor Krolik opened public comment on the 1025 Vista Road location.

Ryan Thompson, 1025 Vista Road, expressed concerns regarding safety of the proposed location due to heavy use of the park, his plans to install a pedestrian gate at the same location, and the visual appearance of the battery cabinet.

Pauline Beare, Santa Inez Avenue, suggested an alternate location, potentially in the island near the home, or to not install a cabinet. Ms. Beare read from an article by -27-
Unapproved Minutes – Hillsborough City Council
Monday, May 8, 2023

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Comcast regarding the use of battery cabinets and expressed concern regarding reduction in property value if a cabinet is placed in front of a home.

Mayor Krolik closed the public hearing at 8:23 p.m.

City Attorney Diaz summarized language for a potential motion based on the City Council discussion.

On motion by Vice Mayor Cole, seconded by Councilmember Royse and unanimous on roll call vote, the resolution as presented in the agenda packet striking any approval associated with 1025 Vista Road, adding two conditions related to the cabinet at 1020 Crystal Springs Road: 1) the permittee shall paint the cabinets a dark or forest green color and install screening landscaping in consultation with and to the reasonable satisfaction of the City Engineer and shall maintain the paint and landscaping for the life of the permit to the reasonable satisfaction of the Town; and 2) if bollards are desired, the permittee shall install bollards or a retaining wall at the 1020 Crystal Springs Road location in consultation with and to the reasonable satisfaction of the City Engineer and shall maintain the bollards or retaining wall for the life of the permit to the reasonable satisfaction of the Town was adopted, with direction to staff to bring back a resolution of denial for the application for 1025 Vista Road.

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
Assistant Finance Director Rich Santiago presented the staff report. Public Works Director Paul Willis, City Attorney Christopher Diaz and Planning Manager Liz Ruess provided additional information.

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

On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the resolution setting and confirming the fees and charges for Fiscal Year 2023-24 was adopted with revisions to maintain the existing fee for Appeal of ADRB Decision and the existing fee for Appeal of an Administrative Determination, with direction to staff to return to the City Council with more information on those fees, and the resolution authorizing water and sewer connection fees effective July 1, 2023 pursuant to CEQA Guideline 15378 was adopted.

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

OF TRUST, AND AUTHORIZING EXECUTION OF AND APPROVING RELATED AGREEMENTS AND OFFICIAL ACTIONS PURSUANT TO CEQA GUIDELINE 15378 Councilmember Ragsdale recused herself based on her earlier announcement and left the room.

Acting City Manager Jan Cooke introduced the item. Pete Nissen, Managing Director, Acacia Financial Group, provided the presentation. Josh Cooperman, Advisor, Acacia Financial Group, provided additional information.

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

On motion by Councilmember Chuang, seconded by Councilmember Royse and unanimous on roll call vote with Councilmember Ragsdale recused, the resolution authorizing the issuance and sale of revenue refunding Bonds, Series 2023 (Water and Sewer Projects) to refinance outstanding bonds, authorizing execution of Indenture of -28-
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Monday, May 8, 2023

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Trust, and authorizing Execution of and approving related agreements and official actions pursuant to CEQA Guideline 15378 was adopted.

At 9:13 p.m., Councilmember Ragsdale returned to the room and took her seat at the dais

13. RESOLUTION ADOPTING THE 2023 SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378
Acting City Manager Jan Cooke presented a brief staff report.

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

On motion by Vice Mayor Cole, seconded by Councilmember Royse and unanimous on roll call vote, the resolution adopting the 2023 Salary Schedule for the Town of Hillsborough pursuant to CEQA Guideline 15378 was adopted.

14. DISCUSS AND CONFIRM DIRECTION ON TOBIN CLARK WALKING TRAIL Public Works Director Paul Willis presented the staff report. Resident Kirk Syme and Planning Manager Liz Ruess provided additional information.

Mayor Krolik opened public comment.

Julie Savage, resident of the Tobin Clark area and member of the Hillsborough Beautification Foundation Board, spoke in support of the walking trail project and stated her preference that it not be included in the Housing Element process.

Laith Salma requested the City Council not consider trails on any of the developable parcels, and if possible, to focus on the lower area. Salma suggested an agenda item at the beginning of each City Council meeting to state how many ADU applications have been submitted, permitted, and completed.

Mayor Krolik closed public comment.

Following discussion, City Attorney Diaz summarized the City Council direction to staff to look at a design for the upper portion, working with Planning Manager Liz Ruess on the CEQA aspect, and to come back to the City Council with more information.

XIII. NEW BUSINESS

15. RESOLUTION AUTHORIZING SEWER SERVICE CHARGES EFFECTIVE JULY 1, 2023 PURSUANT TO CEQA GUIDELINE 15378
Assistant Finance Director Rich Santiago presented the staff report.

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

On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the resolution authorizing sewer service charges effective July 1, 2023 pursuant to CEQA Guideline 15378 was adopted.

16. APPOINTMENT OF DOUG DAVIS AS INTERIM CITY MANAGER PURSUANT TO CEQA GUIDELINE 15378
City Attorney Christopher Diaz presented the staff report.

Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.
-29-
Unapproved Minutes – Hillsborough City Council
Monday, May 8, 2023

Page 8 ends

On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the City Council appointed Doug Davis as Interim City Manager effective May 9, 2023.

17. DISCUSS AND PROVIDE DIRECTION ON CITY MANAGER RECRUITMENT PURSUANT TO CEQA GUIDELINE 15378
Rebecca Burnside, Owner, It’s Personnel Consulting, provided the presentation.

There were no public comments.

Without objection, the City Council scheduled a Special City Council meeting on May 17, 2023 at 4:00 p.m. for further discussion, and supported inclusion of an invitation to the community in the Thursday weekly bulletin to provide feedback to Ms. Burnside on what they are looking for in the new city manager, as well as an invitation to staff.

XIV. INFORMATIONAL

18. ACTING CITY MANAGER'S UPDATE
Acting City Manager Jan Cooke provided an informational update.

XV. PUBLIC COMMENT II
There were no speakers.

XVI. CITY COUNCIL ITEMS
Councilmember Ragsdale reported her attendance at a meeting of the Peninsula Clean Energy Board and provided comments regarding the sustainable Hillsborough home of Sally Liu and Bay Chang featured in the New York Times.

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

Councilmember Royse provided information regarding the Age Friendly Task Force and the Hillsborough Youth Commission and announced information would be available at the Memorial Day event. Councilmember Royse reported his attendance at the North School Science Fair and at an Aviation Noise & Emissions Symposium at UC Davis related to his service on the SFO/Airport Community Roundtable.

Councilmember Chuang reported her attendance at a meeting of the Central County Fire Department Board, the Cal Cities City Leaders Summit, and a meeting of the SamTrans Board.

Mayor Krolik reported her attendance at a meeting with the San Mateo Community College District, a meeting of the C/CAG Board, a meeting of the Domestic Violence Council, a fundraiser for Community Overcoming Relationship Abuse (CORA), and the San Mateo County Council of Cities meeting hosted by the City of San Carlos. Mayor Krolik announced the upcoming Memorial Day Parade and reported that she had the opportunity to read to students at West School and to read to children at the Farmer’s Market for the San Mateo Library’s celebration of Library Week.

XVII. ADJOURNMENT
Mayor Krolik adjourned the meeting at 10:41 p.m.
-30-
-31-

-33-

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

CITY COUNCIL MEETING
SEPTEMBER 11, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: AUGUST 1 THROUGH AUGUST 31, 2023 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The monthly claims for the month of August 2023 in the amount of $8,237,847.09 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 August 2023 as submitted. -35-

TOWN OF HILLSBOROUGH

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

Alan Singh
DocuSign Envelope ID: 9CB6DCD1-84D0-4E32-B1B4-C8954BFF1DAA -36-

TOWN OF HILLSBOROUGH

SUMMARY OF PURCHASES
DURING THE MONTH OF AUGUST 2023
GOODS & SERVICES PURCHASED $5,677,116.53
NET SALARIES & TAXES PAID 938,254.01
HEALTH BENEFIT PREMIUMS 168,672.00
CCFD FUNDING 703,368.00
SAN FRANCISCO WATER PAYMENTS 750,436.55
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $8,237,847.09

FINANCE DIRECTOR DATE

CITY MANAGER DATE
DocuSign Envelope ID: 9CB6DCD1-84D0-4E32-B1B4-C8954BFF1DAA 9/5/2023
9/5/2023
-37-

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

Operations 3,539,355.77 1,741,856.16 3,153,399.82
Capital 2,137,760.76 201,333.05 768,703.08
Net Salaries & Taxes Paid 938,254.01 961,650.41 884,099.50 Health Benefit Premiums 168,672.00 157,218.54 155,821.59 Bond Payments 0.00 40,816.45 23,716.30
CCFD Funding 703,368.00 654,759.00 602,441.00
San Francisco Water Payments 750,436.55 687,066.29 650,760.41 Total $8,237,847.09 $4,444,699.90 $6,238,941.70
NOTES:

Operations -
to the City of San Mateo and Burlingame for Sewer and Library, and other multiple reoccurring payments.

Capital -
Debt Service
outstanding Certificates of Participation and to terminate the related interest rate swaps.

Interest on the new bonds is paid in December and June each year.

CCFD -
Water -
FY 23/24 spending is consistent with FY 22/23 spending except for the August 2023 Capital project spending August 2023 is primarily for the Street Resurfacing project, Sewer Priority Basins I & I Rehab, and the Darrell Tank project.

In June 2023, the Revenue Refunding Bond Series 2023 was issued to refinance the Town's payments for the PD basement due to the winter storm damage, as well timing of payments FY 22/23 contribution is based on budget/contract.

There was an SFPUC wholesale water rate increase on July 1, 2023 to $5.21 (from $4.75, a 9.6 % increase). The increase in FY 23/24 as compared to FY 22/23 is attributed to the SFPUC rate increase, as well as higher units purchased.

DocuSign Envelope ID: 9CB6DCD1-84D0-4E32-B1B4-C8954BFF1DAA -38-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2023
CK # VENDOR DESCRIPTION AMOUNT
12394 ACTION TOWING AND ROAD SERVICE TOW - MULTIPLE VEHICLES PD 511.50 12395 AIXTEK JUL'23 IT MANAGEMENT SRVC IT 25,259.00
12396 AT&T 6/20/23-7/19/23 MULTIPLE ACCOUNTS 190.94
12397 AT&T NEW MULTI-POINT ETHERNET VIRTUAL CONNECTION 8,842.23 12398 BAY AREA WATER SUPPLY & CONSERVE PROGRAMS - SCHOOL ASSEMBLY/SMART CONTROLLER PW 1,001.62 12399 BEST BEST & KRIEGER LLP FEE - JUN '23 LEGAL SERVICES 44,961.07 12400 BHS MUSIC BOOSTERS 2023 PARADE BAND CONTRIBUTION 500.00 12401 BKF ENGINEERS EUCALYPTUS PATHWAY DESIGN PW 741.00 12402 BOSCO OIL COMPANY GAS/DIESEL PW/PD 9,405.59
12403 BURNETT LANDSCAPE DEVELOPMENT INC REPAIR - ASCOT FIRE STATION/WALNUT LOY PW 1,218.70 12404 C-CAG FY 2023-24 GAS TAX/GEN FUND/ CONGESTION RELIEF 34,398.00 12405 CARTEGRAPH SYSTEMS, LLC SOFTWARE - CMMS ASSET MANAGE BUNDLE PW 27,375.00 12406 CASEY CONSTRUCTION, INC. A2 PHASE 2 PRIORTY PRJ PW 398,579.31 12407 CATALYST ENVIRONMENTAL, INC HAZARDOUS/ELECTRONIC WASTE DISPOSAL PW 5,928.94 12408 CENTRAL COUNTY FIRE DEPARTMENT AUG '23 FISCAL CONTRIBUTION 703,368.00 12409 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 1,057.38 12410 CITY OF BURLINGAME MAR '23/APR '23 SEWER BILLING FY 22/23 PW 215,176.00 12411 CITY OF BURLINGAME JUL'23 LIBRARY SERVICES CM 62,333.00 12412 CITY OF SAN MATEO JUL'23 LIBRARY SERVICES CM 22,546.09 12413 GRISWOLD INDUSTRIES MAINT - CLA-VAL PUMP CONTROL PUMP #1 PW 9,790.63 12414 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICES PW 5,969.00 12415 CO OF SAN MATEO INFO SERVICES DEPT. JUN'23 MICRO CHANNEL LINES PD 164.51 12416 COMCAST 6/29/23-7/28/23 PD 524.37
12417 CONSOLIDATED CM, INC DARRELL TANK REPLACE PRJ MANAGE PW 40,735.34 12418 CORDICO PSYCHOLOGICAL CORP PRE-EMPLOYMENT EVAL PD 500.00 12419 CORE & MAIN LP PARTS - MELROSE SEWER REPAIR PW 1,063.30 12420 CSG CONSULTANTS, INC. CIP ADM SEWER 5/27/23-6/30/23 & VARIOUS PRJ PW 108,310.00 12421 D & M TOWING, INC. TOW - MEMORIAL DAY PARADE PD 170.00 12422 DANIEL RICHARD CHARLES INSTALL - POWER WIRING SIGN BOARD TH 2,846.57 12423 DARRYL PANG POLYGRAPH SERVICES - PD 350.00
12424 DU-ALL SAFETY, LLC JUN '23 SAFETY CONSULT PW 2,450.00 12425 E & M ELECTRIC & MACHINERY SCADA -SUPPORT MAINTENANCE CONTRACT PW 11,685.00 12426 EPS, INC. REPAIR - FAUCET TOWN HALL BATHROOM PW 921.98 12427 ERLER & KALINOWSKI, INC SANITARY SEWER DESIGN 23A PRJ PW 37,956.00 12428 FARALLON COMPANY CONSTRUCT - CORP YARD OFFICE ADDITION PW 20,470.60 12429 FLOCK GROUP INC SOFTWARE - FALCON LPR 23/24 PD 34,000.00 12430 FLOWATER EQUIP - JUL '23 WATER REFILL STATION PW 217.66 12431 FORD LIGHT INC MAINT - CROSSROADS PARK LIGHTS PW 2,624.08 12432 FORENSIC LOGIC, LLC SOFTWARE - CRIMETRACER 7/1/23-6/30/24 PD 3,408.00 12433 FRANCHISE TAX BOARD VENDOR WITHHOLDING ORDER FN 280.00 12434 FREYER & LAURETA, INC HIGH LINE WATER PRJ DESIGN PW 14,548.51 12435 G. BORTOLOTTO & CO 2023 STREET RESURFACING PRJ PW 52,306.01 12436 GRAINGER UNIFORM - RAIN JACKETS PW 783.68
12437 HASSETT HARDWARE-SAN MATEO SUPPLIES - VARIOUS ITEMS PW 34.86 12438 HILLSBOROUGH RACQUET CLUB POLICE CHIEF CEREMONY AND SECURITY DEPOSIT PD 1,800.00 12439 HOME DEPOT CREDIT SERVICES MAY '23 VARIOUS PARTS & SUPPLIES PW 3,950.31 12440 HOUSEAL LAVIGNE ASSOCIATES,LLC GENERAL PLAN/HOUSING ELEMENT MAY '23 BP 3,785.00 12441 INTERSTATE TRAFFIC CONTROL REPAIR - PAINT SPRAYER PW 531.95 12442 INTERWEST CONSULTING GROUP JUNE '23 BUILDING INSPECTOR SERVICES BP 2,000.00 12443 JOANNE M. AKAY CATERING - JUN'23 MGMT MEETING CM 420.00 12444 KEVIN KASHIWAHARA BACKGROUND INVESTIGATION NEW HIRE PD 1,614.07 12445 LC ACTION POLICE SUPPLY UNIFORMS - HOLSTERS PD 924.00 12446 LEADERSHIP COUNCIL SAN MATEO CO. 23/24 SUPPORT CONTRIBUTION CM 5,000.00 12447 LEAF CAPITAL FUNDING EQUIP - JUN '23/JUL '23 WATER STATION CMO 429.91 12448 LEATHER LEATHER FURNITURE GALLERY TOWN HALL LOBBY CHAIRS- REFURBISHING (DEPOSIT) 8,750.00 12449 LEXIPOL, LLC SUBSCRIPTION - ANNUAL POLICY SYSTEM 23/24 PD 16,401.39 12450 LIEBERT CASSIDY WHITMORE MEMBERSHIP - SAN MATEO CO ERC 7/01/23-6/30/24 HR 6,660.00 12451 MALLORY SAFETY AND SUPPLY LLC EQUIP - TRAFFIC CONES PW 2,649.76 DocuSign Envelope ID: 9CB6DCD1-84D0-4E32-B1B4-C8954BFF1DAA -39-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2023
12452 MAMME INC CATERING - CITY COUNCIL MEETING 7/10/23 CO 169.92 12453 MARK D HUDAK LEGAL SERVICES - JUN 2023 4,005.00
12454 CA METRO MOBILE COMMUNICATIONS INC SERVICE - REPROGRAM SWAT CHANNEL PD 75.00 12455 MOORE, IACAFONO GOLTSMAN, INC GENERAL PLAN/HOUSING ELEMENT JUNE '23 BP 46,290.19 12456 ABSOLUTE SOFTWARE, INC SOFTWARE - MOBILITY MAINTENANCE PW 4,211.72 12458 NOEL L. MILLER, INC. MAINT - MULTIPLE VEHICELS PW 240.00 12459 ODYSSEY POWER CORPORATION MAINT - GENERATOR PD/STATION 33 PW 5,670.60 12460 HARBOUR CAPITAL LLC REFUND - BUILD DEPOSIT BP 17,031.00 12461 J.P. LINDSTROM, INC REFUND - BUILD DEPOSIT BP 32,043.00 12462 JOSE CHAVEZ REIMB - TRAVEL EXP CWEA CONF PW 583.08 12463 MATTHEW GALIT REIMB - TRAVEL EXP INTERVIEW CLASS 6/12-16/23 PD 630.38 12464 CHEAT A LITTLE CATERING CATERING - CITY MANAGER RECEPTION 7/12/23 CM 4,842.37 12465 CITY OF EAST PALO ALTO COUNCIL OF CITY MEETING 7/28/23 CO 195.00 12466 DKJ ASSOCIATES, INC REPLACE - OFFICE WINDOWS PD 6,341.70 12467 GOVERNMENT EXECUTIVE MEDIA GROUP TRAINING - IIMC EPP PROGRAM CM 750.00 12468 KRISTEN TANG REFUND - WATER OVERPAY FN 590.36
12469 PENINSULA TRUCK REPAIR INC REPAIR - OIL LEAK/STEERING GEAR TRUCK #231 PW 11,301.42 12470 PENINSULA UNIFORMS & EQUIPMENT, INC UNIFORM - ALTERATIONS STAFF PD 386.62 12471 PG & E 6/2/23-6/30/23 MULTIPLE ACCOUNTS PW 43,506.92 12472 PLAN JPA JUN '23 DEDUCTIBLE CLAIMS VARIOUS ITEMS 16,057.12 12473 PRIORITY 1 MAINT - MULTIPLE VEHICLES PD 12,191.23 12474 QUENCH USA, INC WATER SERVICE 6/28/23-8/27/23 PD 161.88 12475 R & A JANITORIAL SERVICE, LLC JUL '23 JANITORIAL SERVICES PW 10,468.72 12476 REDWOOD TRADING POST UNIFORM - VESTS STAFF PW 646.29 12477 RENNE PUBLIC LAW GROUP LLP LEGAL RETAINER MAY '23/JUN '23 CM 8,000.00 12478 ROBERT HALF INTERNATIONAL INC TEMP SERVICE-W/E 7/7-28/23 MULTIPLE INVOICES CM/FN 13,607.50 12479 ROBIN LIEBISCH 2023 PARADE SOUND SYSTEM 50 % FINAL 2,820.80 12480 SAN MATEO COUNTY FORENSIC LAB CRIME LAB SERVICES PD 360.00 12481 SAN MATEO CO DEPT OF PUBLIC WORKS MAINT-22/23 WEED WHACKING/MOWING VARIOUS SITES PW 22,013.21 12482 SAN MATEO CO ENVIRONMENTAL SERVICE SERVICE - WATER SERVICE CONNECTIONS PW 40,571.00 12483 SAN MATEO CO NARCOTICS TASK FORCE 2023-24 CONTRIBUTION PD 28,444.00 12484 SJDJ LLC LEGAL NOTICE - UNCLAIMED FUNDS FN 2,760.00 12485 SAN MATEO LOCK WORKS, INC. REPLACE - SIMPLEX LOCK PD 1,464.29 12486 SAN MATEO LUMBER CO., INC SUPPLIES - WOOD/VARIOUS ITEMS PW 2,374.76 12487 SAN MATEO RESOURCE CONSERVE RCD COMPOST PROGRAM 917.34 12488 SFPUC RENT - 22/23 CHERRY CREEK PUMP STATION PW 2,807.66 12489 SHARP ELECTRONICS CORPORATION MAY '23 COPIER CHARGES 977.88 12490 SHAWN KIRBY JUN '23 POOL SVC PW 1640 RENTAL 200.00 12491 SPOTLIGHT IMPRESSIONS, INC PRINT - EMPLOYEE/COUNCIL NAME BADGE/PLATES CL 254.84 12492 STANDARD INSURANCE COMPANY JUN '23 GRP LIFE/ADD/LTD ASSESSMENT 2,657.57 12493 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,293.31 12494 STATE WATER RESOURCES CONTROL BRD.FEE - WATER OPERATOR EXAM D2 STAFF PW 45.00 12495 SUN RIDGE SYSTEMS, INC SOFTWARE - SUPPORT RIMS/CAD 7/23-6/24 29,600.00 12496 TELECOMMUNICATIONS ENGINEERING JUL'23 COMM CENTER/BASE/RIMS CAD SERVICES PD 4,658.00 12497 TELSTAR INSTRUMENTS MAINT - SMARTCOVER SERVICE CHATEAU PW 550.00 12498 THOMSON WEST JUN '23 INVESTIGATIVE WEBSITE PD 1,015.00 12499 TIMBERLINE TREE SERVICE, INC. MAINT - TREE REMOVAL GERI LN/FOREST VIEW PW 26,403.00 12500 TURBO DATA SYSTEMS, INC. JUN'23 CITATION PROCESSING & SCANNER PD 1,564.33 13000 TYLER TECHNOLOGIES, INC. TRAIN - ERP SYSTEM UB 6/26-30/23 FN 4,038.00 13001 ULINE, INC. SUPPLIES - GLOVES PW 221.10
13002 UTILITY TELECOM, INC. JUL '23 ETHERNET & 3 CIRCUITS IT 392.75 13003 V + A CONSULTING ENGINEERS POTABLE WATER STUDY PW 10,000.00 13004 VERIZON WIRELESS 6/7/23-7/6/23 MULTIPLE ACCOUNTS PD/PW 3,849.84 13005 VIKING SHRED LLC JUL'23 DESTRUCTION SERVICES PD 78.99 13006 WESLEY CONSTRUCTION, INC REPAIR - WATER DAMAGE PD BASEMENT PW 60,000.00 13007 WITMER-TYSON IMPORTS, INC. MAY'23 K-9 TRAINING PD 1,998.72 13008 ADP, LLC JUL '23/AUG '23 MASTERTAX SOFTWARE SUPPORT FN 162.80 13009 AECOM TECHNICAL SERVICES, INC. HISTORIC EIR ASSESSMENT BP 3,853.00 13010 AFLAC JUL '23 INSURANCE PREMIUM HR 1,412.20
13011 AIXTEK APR '23/MAY '23/AUG '23 IT MANAGEMENT SERVICE IT 79,610.13 13012 ALLIANT INSURANCE 23-24 CYBER/EMPLOYER LIABILITY INSURANCE 89,122.50 DocuSign Envelope ID: 9CB6DCD1-84D0-4E32-B1B4-C8954BFF1DAA -40-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2023
13013 AMAZON WEB SERVICES, INC JUL '23 BACKUP STORAGE IT 7,166.72 13014 ANNA LAURA JONES HISTORICAL DESIGN REVIEW BP 3,000.00 13015 ASSOC. OF BAY AREA GOVERNMENTS FEE - MEMBERSHIP FY23-24 3,954.00 13016 AT&T 6/24/23-7/23/23 MULTIPLE ACCOUNTS 2,567.32
13017 ATLAS TOWING SERVICES, INC TOW - VEHICLE #210 PW 183.75 13018 AUTO PRIDE CAR WASH, INC JUN'23/JUL '23 CAR WASHES PD 565.87 13019 BARKER BLUE DIGITAL IMAGING, INC IMAGING SVC – BINDERS '23 STREET RESURFACING PW 296.84 13020 BAY PRO AUG'23 LANDSCAPE MAINT VARIOUS SITES HBF 2,516.00 13021 BAYSIDE BUILDING MATERIALS INC TOOLS - BLADES/HAMMER PW 240.02 13022 BETTER SOURCE LIQUIDATORS FURNITURE - WORK STATIONS PW 2,209.36 13023 BIG STATE INDUSTRIAL SUPPLY, INC SUPPLIES - SPRAY PAINT PW 2,517.90 13024 BOSCO OIL COMPANY GAS/DIESEL PW/PD 4,983.07
13026 BURNETT LANDSCAPE DEVELOPMENT INC INSTALL-LANDSCAPE STATION 32/VARIOUS PRJ PWHBF 49,195.07 13027 CALIFORNIA BUILDING OFFICIALS TRAIN - 2023 EDUCATION WEEK CLASSES STAFF BP 1,510.00 13028 CALIFORNIA GENERATOR SERVICE MAINT - INSPECT GENERATOR MULTIPLE SITES PW 2,605.00 13029 CALIFORNIA MUNICIPAL STATISTIC, INC DIRECT & OVERLAPPING DEBT FOR CAFR 6/30/23 480.00 13030 CHRIS ROGERS MAINT-OPEN SPACE/SEWER VEGETATION MANAGE PW 3,577.50 13031 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE MULTIPLE INVOICES PW 1,409.84 13032 CITY OF BRISBANE SAN MATEO CO TRAINING CONSORTIUM MEMBER 23/24 860.00 13033 CITY OF SAN MATEO WWTP/CWP O&M QTR 4 FY 22-23 PW 249,874.86 13034 CLARK PEST CONTROL PEST CONTROL - ALL DEPARTMENTS 500.00 13035 CLEANSWEEP SERVICES, INC. STREET SWEEPING SERVICES PW 7,520.00 13036 COMCAST 7/29/23-8/28/23 PD/PW 103.75
13037 COMCAST JUN '23 CALNET NONCGEN LINE IT 4,689.79
13038 CONTI LLC REPAIR - A/V SYSTEM COUNCIL CHAMBER IT 1,924.00 13039 CWEA REGISTER - AC23 CONFERENCE 4/18-21/23 STAFF PW 934.70 13040 DANIEL RICHARD CHARLES INSPECT - POWER ISSUE CLARK STATION PW 742.87 13041 FASTENAL COMPANY SUPPLIES - PERSONNEL PROTECTIVE EQUIP PW 2,346.06 13042 FLOWATER EQUIP - JUL '23 WATER STATION/FILTERS FN 492.19 13043 FRANCHISE TAX BOARD VENDOR WITHHOLDING ORDER FN 1,196.49 13044 FRANK M BOOTH INC MAINT - GENERATOR MULTIPLE SITES PW 7,176.00 13045 GATEWAY PACIFIC CONTRACTORS, INC DARRELL WATER TANK REPLACE PRJ PW 710,125.00 13046 GRAINGER TOOLS - VARIOUS ITEMS PW 1,098.90
13047 GRANITE ROCK COMPANY MATERIALS - ASPHALT PW 465.10 13048 HACH COMPANY WATER QUALITY SUPPLIES PW 1,433.69
13049 HOME DEPOT CREDIT SERVICES JUN '23 VARIOUS PARTS & SUPPLIES PW 11,355.88 13050 HOUSEAL LAVIGNE ASSOCIATES,LLC GENERAL PLAN/HOUSING ELEMENT JUN '23 BP 2,525.00 13051 INFRASTRUCTURE ENGINEERING CORP DARREL TANK REPLACE PRJ PW 71,288.45 13052 INTERWEST CONSULTING GROUP FEB '23/JUL '23 BUILDING INSPECTOR SERVICES BP 4,000.00 13053 KRONOS SAASHR, INC. JUL'23 PAYROLL PROCESSING FN 1,971.91 13054 LANDTEK LANDSCAPE INC MAINT - PRUNE HEDGES EUCALYPTUS AVE PW 6,950.00 13055 MASTERPIECE GARDENERS, INC MAINT - JUL '23 HBF LANDSCAPE VARIOUS SITES 850.00 13056 CA METRO MOBILE COMMUNICATIONS INC EQUIP - REMOTE MICROPHONE/CHARGER PD 405.44 13057 NAPA AUTO PARTS - BURLINGAME SUPPLIES - WIPERS/COOLANT PW 192.26 13058 NIGHTVISION NETWORK INC EQUIP - NIGHT VISION GOGGLES PD 25,890.00 13059 NOEL L. MILLER, INC. MAINT - SMOG FORD F150 #533 PW 70.00 13060 NORGO ENGINEERING REPAIR - SEWER PIPE EMERGENCY/VARIOUS PRJ PW 118,275.26 13061 CHEAT A LITTLE CATERING CATER - RETIREMENT RECEPTION 9/9/23 DEPOSIT CO 989.13 13062 PAKPOUR CONSULTING GROUP,INC 23/24 WATER & SEWER REPLACE PRJ DESIGN PW 19,027.50 13063 PENINSULA PUMP & EQUIPMENT INC REPAIR - FUSE SUGARHILL PUMP PW 1,323.85 13064 PENINSULA TRUCK REPAIR INC REPAIR - OIL LEAK TRUCK #538 PW 6,641.08 13065 PETERSON POWER SYSTEMS, INC. MAINT - BACKHOE #BH2 PW 5,582.26 13066 PG & E 7/1/23-8/1/23 MULTIPLE ACCOUNTS 61,893.68
13067 PRIORITY 1 MAINT - MULTIPLE VEHICLES PD 7,890.91
13068 RED WING SHOE STORE WORK BOOTS - STAFF PW 300.00
13069 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 7/28/23 CM 1,746.00 13070 SAN MATEO LUMBER CO., INC SUPPLIES - SAND BAGS PW 1,271.66 13071 SCOTT BUSCHMAN PHOTOGRAPHY - STAFF PROMOTION EVENT PD 2,177.60 13072 SFPUC FINANCIAL SERVICES APR '23 - JUN '23 WATER QUALITY ANALYSIS PW 8,270.00 13073 SIEMENS INDUSTRY, INC MAINT - FIRE SPRINKLER TOWN HALL 2022 PW 1,252.48 13074 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,393.73 DocuSign Envelope ID: 9CB6DCD1-84D0-4E32-B1B4-C8954BFF1DAA -41-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2023
13075 STATE WATER RESOURCES CONTROL BRD.FEE - WATER OPERATOR EXAM D2 STAFF PW 45.00 13076 TELECOMMUNICATIONS ENGINEERING AUG'23 COMM CENTER/BASE PD 2,345.50 13077 TESCO CONTROLS, LLC MAINT - SCADA SUPPORT SERVICE PW 26,400.00 13078 THE PERMANENTE MEDICAL GROUP, INC EMPLOYEE PHYSICAL - STAFF HR 195.00 13079 THIRKETTLE CORPORATION PARTS - WATER METER NUEVA SCHOOL PW 19,241.41 13080 THOMSON WEST MAY '23/JUL '23 INVESTIGATIVE WEBSITE PD 2,030.00 13081 TIMBERLINE TREE SERVICE, INC. MAINT - TREE REMOVAL PW LOOKOUT RD ISLAND 4,931.00 13082 TURBO DATA SYSTEMS, INC. JUL'23 CITATION PROCESSING & SCANNER PD 1,578.57 13083 ULINE, INC. SUPPLIES - GAS CANS/RAGS PW 487.66
13084 UNDERGROUND REPUBLIC WATER WORK PARTS - COUPLINGS PW 2,055.84 13085 UNITED LABORATORIES SUPPLIES - SEWER LIFT-ZYME PW 3,064.90 13086 VERIZON WIRELESS 6/11/23-7/10/23 PD 1,469.06
13087 VIKING SHRED LLC AUG'23 DESTRUCTION SERVICES PD 82.99 13088 VOX NETWORK SOLUTIONS MAINT - PHONE DEFAULT ISSUE PD 184.00 13089 WECO INDUSTRIES, LLC REPAIR - REEL VALVE TRUCK #593 PW 1,789.88 13090 WESLEY CONSTRUCTION, INC REPAIR - WATER DAMAGE PD BASEMENT PW 60,000.00 13091 WRA, INC SANDRA/HAYNE DRAIN REPLACE & VARIOUS PRJ PW 7,880.92 13092 AECOM TECHNICAL SERVICES, INC. HISTORIC ASSESSMENT BP 5,656.50 13093 ALERT DOOR SERVICE, INC. MAINT - GATE CORP YARD/DARRELL PW 700.00 13094 ALLIANT INSURANCE INSURANCE-COUNCIL RETIREMENT RECEPTION 9/9/23 CO 320.00 13095 ARAMARK SERVICES, INC COFFEE & SUPPLIES BP 108.85 13096 BAY PRO REPAIR - VALVES OAK PUMP HOUSE HBF 760.00 13097 BEST BEST & KRIEGER LLP FEE - JUN '23/ JUL '23 LEGAL SERVICE 47,297.27 13098 BOSCO OIL COMPANY GAS/DIESEL PW 6,670.28
13099 BURNETT LANDSCAPE DEVELOPMENT INC INSTALL-TREE/PLANTS WALNUT LOT HBF/VAROUS PRJ 7,747.00 13100 CALPERS 1959 SURVIVOR CONTRIBUTION FY 22/23 741.60 13101 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 356.73 13102 CITY OF BURLINGAME MAY '23 SEWER BILLING FY 22/23 PW 106,265.00 13103 CLARK PEST CONTROL PEST CONTROL - ALL DEPARTMENTS 474.00 13104 CO OF SAN MATEO INFO SERVICES DEPT. JUL'23 MICRO CHANNEL LINES PD 164.51 13105 COMCAST AUG '23 PW 437.09
13106 COMMUNICATIONS MANAGERS ASSN. COMMUNICATION STAFF RECOGNITION LUNCHEON PD 480.00 13107 CONSOLIDATED CM, INC DARRELL TANK REPLACE PRJ MANAGE PW 44,772.34 13108 CORE & MAIN LP PARTS - FLANGE/BOLTS/GASKET PW 5,649.36 13109 CSG CONSULTANTS, INC. BUILDING PLAN SERVICES JUL '23 BP 10,833.54 13110 DU-ALL SAFETY, LLC JUL '23 SAFETY CONSULT PW 5,820.00 13111 ENGINEERING DATA SOFTWARE, INC SOFTWARE - PARCEL MANAGEMENT SYSTEM 23/24 13,374.06 13112 ENVIRONMENTAL SYSTEMS RESEARCH SOFTWARE - ARC GIS DESKTOP LIC 7/22/23-7/21/24 PW 27,500.00 13113 EPRINTS & DOCUMENT SERVICES PRINT - BUSINESS CARDS STAFF CM 71.26 13114 FASTRAK LANE TOLL 6/1/23 PW 33.75
13115 FLOCK GROUP INC EQUIP - FALCON CAMERAS PD 22,950.00 13116 FLOWATER EQUIP - AUG '23 WATER STATION PW/BP/FN 709.84 13117 FREYER & LAURETA, INC HIGH LINE WATER PRJ DESIGN PW 24,510.06 13118 G. BORTOLOTTO & CO 2023 STREET RESURFACING PRJ 236,842.98 13119 GO NATIVE, INC MAINT - STORM CLEANUP UTILITY ROAD MAY/JUN '23 PW 33,090.00 13120 GRAINGER EQUIP - WET/DRY VAC PW 233.74
13121 GRANITE ROCK COMPANY MATERIALS - ASPHALT PW 369.23 13122 HACH COMPANY WATER QUALITY SUPPLIES PW 303.95
13123 HDL, COREN & CONE 2022-23 ACFR STATISTICAL REPORTS PACKAGE FN 695.00 13124 HF&H CONSULTANTS, LLC JUL'23 WATER SENSITIVITY ANALYSIS FN 787.50 13125 HILLSBOROUGH RECREATION 2023-24 RECREATION CONTRIBUTION CM 182,000.00 13126 INFRASTRUCTURE ENGINEERING CORP DARREL TANK REPLACE PRJ PW 12,703.60 13127 REBECCA BURNSIDE MAY '23 - JUL '23 HR SERVICES CM 52,236.87 13128 KELLY MOORE PAINT CO., INC SUPPLIES - VARIOUS ITEMS PW 231.73 13129 LC ACTION POLICE SUPPLY EQUIP - LAUNCHERS, LIGHTS, SIGHTS PD 20,190.28 13130 MAMME INC CATERING - CITY COUNCIL MEETING 8/14/23 CO 169.92 13131 METROPOLITAN PLANNING GROUP INC CONSULT - JUL '23 PLANNER SERVICES BP 11,756.25 13132 MOORE, IACAFONO GOLTSMAN, INC GENERAL PLAN/HOUSING ELEMENT JUL '23 BP 35,745.09 13133 ANKUR NEIL AGRAWAL M GOVIL TTEE REFUND - EIR DEPOSIT BALANCE BP 1,794.00 13134 DANIEL REED & AFIA ASAMOAH REFUND - BUILD DEPOSIT BP 4,000.00 13135 DANIEL REED & AFIA ASAMOAH REFUND - GRADE DEPOSIT BP 30,000.00 DocuSign Envelope ID: 9CB6DCD1-84D0-4E32-B1B4-C8954BFF1DAA -42-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2023
13136 DAVID LAI REFUND - GRADE DEPOSIT BP 20,000.00
13137 DLR CONSTRUCTION REFUND - BUILD DEPOSIT BP 15,130.00 13138 KMA REAL ESTATE PROPERTIES LLC REFUND - BUILD DEPOSIT BP 18,505.50 13139 KMA REAL ESTATE PROPERTIES LLC REFUND - GREEN DEPOSIT BP 1,200.00 13140 LEONID SHTEYN & SVETLANA STUKOV REFUND - BUILD DEPOSIT BP 2,947.00 13141 PAUL FITZGERALD LANDSCAPES, INC REFUND - BUILD DEPOSIT BP 2,214.10 13142 PETER & JOANIE SCHLAMPP REFUND - BUILD DEPOSIT BP 32,297.50 13143 ROBERT TRAHAN REFUND - GRADE DEPOSIT BP 10,000.00 13144 ROBERT TRAHAN REFUND - BUILD DEPOSIT BP 3,000.00
13145 "HOOT" JUDKINS FURNITURE - DESK/CONFERENCE TABLE CM 10,006.73 13146 GALLS PARENT HOLDINGS, LLC UNIFORMS - RAIN JACKETS STAFF PD 6,823.75 13147 GORILLA MANUFACTURING PARTS - BACKFLOW CAGE PW 2,300.00 13148 PAKPOUR CONSULTING GROUP,INC 23/24 WATER & SEWER REPLACE PRJ DESIGN PW 120,280.50 13149 PENINSULA TRUCK REPAIR INC REPLACE - TRAFFIC LIGHT BAR #538 PW 4,361.15 13150 PG & E 7/7/23-8/4/23 MULTIPLE ACCOUNTS PW 14,649.68 13151 PLAN JPA JUL '23 DEDUCTIBLE CLAIMS VARIOUS ITEMS 49,462.64 13152 R & A JANITORIAL SERVICE, LLC MAINT - DEEP CLEAN CORP YARD PW 850.00 13153 RENNE PUBLIC LAW GROUP LLP LEGAL RETAINER JUL '23 CM 4,000.00 13154 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 8/4-18/23 CM/FN 12,579.25 13155 SAN MATEO LOCK WORKS, INC. REPLACE - DEADLATCH PW 87.70 13156 SAN MATEO LUMBER CO., INC MATERIALS - BASE BOARDS ADMIN OFFICE PW 714.05 13157 SIEMENS INDUSTRY, INC REPAIR - FIRE SPRINKLERS TOWN HALL/PD PW 4,682.79 13158 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 306.98 13159 STATE WATER RESOURCES CONTROL BRD.SRF LOAN PAYMENT CONTRACT PW 431,801.46 13160 THIRKETTLE CORPORATION PARTS - WATER METER PW 3,597.07 13161 TYLER TECHNOLOGIES, INC. TRAIN - ERP SYSTEM UB 7/14/23-8/7/23 FN 9,880.00 13162 U.S. POSTMASTER REPLENISH POSTAGE PERMIT FN 5,000.00 13163 ULINE, INC. EQUIP - MOBILE BIN CABINET PW 2,051.91 13164 UNITED LABORATORIES SUPPLIES - SEWER LIFT-ZYME PW 2,980.54 13165 VERIZON WIRELESS 7/11/23-8/10/23 PD/PW 3,655.90
13166 WESLEY CONSTRUCTION, INC REPAIR - WATER DAMAGE PD BASEMENT PW 80,000.00 13167 WRA, INC SANDRA/HAYNE DRAIN REPLACE PRJ PW 856.75 TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $6,050,462.50 CALPERS RETIREMENT CONTRIBUTIONS 217,148.12
VISA PAYMENTS 31,993.47
RETIREE HEALTH REIMBURSEMENTS 80,880.44
OTHER ELECTRONIC PAYMENTS 0.00
TOTAL GOODS & SERVICES FOR THE MONTH $ 6,380,484.53
DocuSign Envelope ID: 9CB6DCD1-84D0-4E32-B1B4-C8954BFF1DAA -43-

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

CITY COUNCIL MEETING
SEPTEMBER 11, 2023

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

EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH IT'S PERSONNEL

CONSULTING FOR AS-NEEDED HUMAN RESOURCES ADMINISTRATION AND CONSULTING SERVICES NOT-TO-EXCEED AMOUNT OF $260,000 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The Town currently has a contract with It's Personnel Consulting to provide human resources administration and consulting services. As the Town seeks to fill the Human Resources function in Town, there is a need for ongoing support from Its Personnel. This contract amendment establishes a total, not-to-exceed amount for services through April 4, 2024.

FISCAL IMPACT: The original contract for services did not specify a total, not-to-exceed amount for services. The Town is currently paying for these services through the City Manager’s Office Professional Services budget. These costs are offset by the savings incurred by the Town resulting from the current vacancy of the Human Resources Manager position. Based on actual spend, the revised contract amount should be sufficient to maintain the current level of support by Its Personnel to the Town through the end of the fiscal year.

ENVIRONMENTAL ISSUES: This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as it qualifies as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS:

1. Resolution

2. Contract Amendment
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Adopt a resolution approving and authorizing the City Manager to execute an amendment to the existing contract with It's Personnel Consulting for as-needed human resources administration and consulting services, for a total, not-to-exceed amount of $260,000 and extending the term of the contract through April 4, 2024. -45-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH IT’S PERSONNEL

CONSULTING FOR AS-NEEDED HUMAN RESOURCES ADMINISTRATION AND CONSULTING SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $260,000 PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the Town of Hillsborough (“Town”) entered into an agreement with It’s Personnel Consulting to provide human resources administration and consulting services for the Town of Hillsborough; and
WHEREAS, a contract amendment is needed by the Town for the continued use of It’s Personnel Consulting to assist the Town; and
WHEREAS, funds are available due to the salary savings from the vacancy of the Town’s Human Resources Manager position to be allocated through the professional services budget; and
WHEREAS, the contract will not exceed $260,000 through April 4, 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an amendment to the existing contract with It’s Personnel Consulting for human resources administration and consulting services in the not-to-exceed amount of $260,000 through April 4, 2024.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-46-
ATTACHMENT 1
AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE

TOWN OF HILLSBOROUGH AND
IT’S PERSONNEL CONSULTING
This Amendment No. 1 is entered into this ____ day of __________________, 2023, by and between the Town of Hillsborough, a municipal corporation of the State of California (hereafter referred to as "Town"), and It’s Personnel Consulting, a sole proprietorship which its principal place of business at 1545 Broadway #305, San Francisco, CA 94108 (hereafter referred to as "Consultant"). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No 1.

RECITALS
WHEREAS, on April 5, 2023, the Parties entered into a Professional Services Agreement (“Agreement”) for human resources administration and consulting services (hereinafter referred to as “the Project”); and WHEREAS, the Parties now desire to amend the Agreement to clarify the notto-exceed amount for the Project.

NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:

1. Section 2.b. Compensation is hereby amended to read as follows:
“b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $260,000.00 without the written approval of the Town’s City Manager. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.”

2. All other provisions of the Agreement not amended by this Amendment No. 1 shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
-47-
ATTACHMENT 2

SIGNATURE PAGE OF
AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE

TOWN OF HILLSBOROUGH AND
IT’S PERSONNEL CONSULTING
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the date first written above.

TOWN OF HILLSBOROUGH IT’S PERSONNEL CONSULTING
Approved By:
______________________________ ______________________________ Doug Davis, City Manager Signature
______________________________ ______________________________ Date Name
______________________________
Approved As To Form: Title
______________________________
______________________________ Date
Christopher J. Diaz, City Attorney
2 of 2 -48-

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

CITY COUNCIL MEETING
SEPTEMBER 11, 2023

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

EXECUTE AN AMENDMENT TO THE EXISTING EMERGENCY CONTRACT WITH FARALLON COMPANY FOR EMERGENCY RETAINING WALL WORK AT 2095 RALSTON AVENUE IN THE AMOUNT OF $6,605.00, FOR TOTAL CONTRACT AMOUNT OF $243,600.00, ACCEPTING THE PROJECT AS COMPLETE IN THE AMOUNT OF $243,600.00, AND

DIRECTING STAFF TO FILE A NOTICE OF COMPLETION, PURSUANT TO CEQA GUIDELINES 15301 AND 15269
SUMMARY: An existing retaining wall adjacent to 2095 Ralston Avenue was damaged during a storm event. It was determined a new soldier pile and lagging wall was required in order to protect the structural integrity of Ralston Avenue. On July 27, 2023, the Public Works Director/City Engineer, as designee to the City Manager, took emergency action under Public Contract Code section 22050 and authorized Farallon Company to move forward with scheduling the work. The Public Works Director/City Engineer determined that further delays resulting from a typical competitive solicitation with formal bids would have endangered the public health, safety and welfare of residents and the general public traveling this section of Ralston Avenue. Timely installation of this new wall was necessary to protect the structural integrity of Ralston Avenue.

Due to unforeseen field conditions, minor modifications to the wall design were required to complete the project resulting in extra work. The additional cost for the extra work exceeded the original contract amount by $6,605.00. Due to the emergency nature of the project and to not delay the construction schedule, staff directed the contractor to make the necessary modifications.

Farallon Company successfully completed the project on time and within the original budget plus the above-mentioned additional cost.

FISCAL IMPACT: The total contract amount awarded with contingency was in the amount of $236,995.00. The project was completed in the amount of $243,600.00. Staff is seeking an amendment to the approved budget in the amount of $6,605.00. Funding was allocated from the General Fund budget. The owner of the property at 2095 Ralston has reimbursed the Town for the cost of the retaining wall as bid and has submitted a check to the Town for $215,000.00.

ENVIRONMENTAL ISSUES: The action is categorically exempt from the California Environmental Quality Act according to Section 15301 of the California Code of Regulations. It is also exempt as an emergency project to repair a roadway pursuant to CEQA Guideline 15269.

ATTACHMENTS: Resolution
-49-
Agenda Staff Report - Hillsborough City Council
September 11, 2023

Page 2 ends

PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an amendment to the existing emergency contract with Farallon Company for emergency retaining wall work at 2095 Ralston Avenue in the amount of $6,605.00, for total contract amount of $243,600.00, accepting the project as complete in the amount of $243,600.00, and directing staff to file a notice of completion for the project and release withheld retention in accordance with state prompt payment laws.
-50-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE EXISTING EMERGENCY CONTRACT WITH FARALLON COMPANY FOR EMERGENCY RETAINING WALL WORK AT 2095 RALSTON AVENUE IN THE AMOUNT OF $6,605.00, FOR TOTAL CONTRACT AMOUNT OF $243,600.00, ACCEPTING THE PROJECT AS COMPLETE IN THE AMOUNT OF $243,600.00, AND DIRECTING STAFF TO FILE A NOTICE OF COMPLETION, PURSUANT TO CEQA GUIDELINE 15301 AND 15269
WHEREAS, the City Council of the Town of Hillsborough (“Town”) maintains the Town’s roadway system; and
WHEREAS, an existing retaining wall adjacent to 2095 Ralston Avenue was damaged during a storm event and was in need of emergency repair to protect the integrity of Ralston Avenue; and
WHEREAS, pursuant to Public Contract Code section 22050, the Town, by four-fifths vote of its governing body, may enter into a public works contract without engaging in competitive bidding if it finds that an emergency situation exists that poses a threat to public health, safety and welfare or property and that the emergency will not permit a delay resulting from a competitive solicitation for bids; and
WHEREAS, the City Council delegated authority to the City Manager, or designee, to take emergency action in accordance with Public Contract Code section 22050; and
WHEREAS, based on the emergency conditions that would not allow the delay resulting from a traditional competitive solicitation of bids, staff immediately solicited qualified contractors to provide an assessment of the issue and a recommended solution for repair of the failed sewer lift station; and
WHEREAS, staff received three written response and the lowest response was from Farallon Company in the amount of $ $215,450.00; and
WHEREAS, on July 27, 2023, the Public Works Director/City Engineer, as designee to the City Manager, took emergency action to enter into a contract with Farallon Company to address the emergency condition resulting from the damaged retaining wall; and
WHEREAS, the 2095 Ralston Retaining Wall Project (“Project”) installed a new solider pile and lagging wall; and
WHEREAS, funding was allocated from the operations budget for General Fund budget in the amount of $215,450.00, with a 10% contingency in the amount of $21,545.00, if needed, for a total allocation of $236,995.00; and, -51-
2 WHEREAS, a Notice to Proceed was issued and due to unanticipated field conditions, minor modifications to the wall design were necessary to complete the project; and
WHEREAS, the design changes resulted in extra work and an additional cost that exceeded the awarded contract amount by $6,605.00; and
WHEREAS, funding for the extra work will be allocated from the General Fund budget; and,
WHEREAS, the Project progressed until completed for a total contract amount of $243,600.00.

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

1. Finds the foregoing recitals to be true and correct and incorporated as if fully set forth herein.

2. Approves and authorizes the City Manager to execute an amendment to the existing emergency contract with Farallon Company for emergency retaining wall work at 2095 Ralston Avenue in the amount of $6,605.00, for total contract amount of $243,600.00.

3. Accepts the Project as complete in the amount of $243,600.00.

4. Directs staff to file a Notice of Completion for the Project, and release withheld retention in accordance with state prompt payment laws.

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

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

CITY COUNCIL MEETING
SEPTEMBER 11, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH D’ARCY & HARTY CONSTRUCTION INC. FOR THE 2023 SANITARY SEWER REHABILITATION & REPLACEMENT PROJECT 23A IN THE AMOUNT OF $2,046,860.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $204,686.00, FOR TOTAL COST OF $2,251,546.00 PURSUANT TO CEQA GUIDELINE SECTION 15301 SUMMARY: This project is the continuation of the sewer replacement work on Tartan Trail Road. It includes the replacement and upsize of approximately 5,400 linear feet of damaged and undersized sanitary sewer mains. The sewer segments are located both within street public rightof-way and easement areas within the Town’s wastewater basin discharging to the San Mateo Wastewater Treatment Plant. The project additionally includes the rehabilitation of manhole structures and the replacement of lower service laterals and cleanouts. The project is anticipated to begin in October 2023 and is expected to be completed in six months, pending weather conditions.

This project was advertised in accordance with the Uniform Public Construction Cost Accounting Act, and a mandatory pre-bid meeting was held on August 9, 2023. While eleven construction firms attended the pre-bid meeting, only four bids were submitted. Bids were opened on Wednesday, August 23, 2023, and bid results were announced in the Town Hall Council Chamber in accordance with the Town’s policy and procedures. The bid summary is as follows:

D'Arcy & Harty Construction, Inc. $2,046,860
Glosage Engineering, Inc. $2,100,531
KJ Woods Construction Inc. $2,178,000
Precision Engineering, Inc. $2,272,500
Of the four bids received for this project, D'Arcy & Harty Construction, Inc. was confirmed by staff to be the lowest responsible bidder submitting a responsive bid. Staff conducted an analysis of the bid submittal and determined that the bidder’s qualifications and experience levels are satisfactory to perform all work associated with this project. D’Arcy & Harty Inc. is a local construction firm and has previously completed similar projects in Town with positive results.

Of the four bids received for this project, D'Arcy & Harty Construction, Inc. was confirmed by staff to be the lowest responsible bidder submitting a responsive bid. Staff conducted an analysis of the bid submittal and determined that the bidder’s qualifications and experience levels are satisfactory to perform all work associated with this project. D’Arcy & Harty Inc. is a local construction firm and has previously completed similar projects in Town with positive results. -53-
Agenda Staff Report - Hillsborough City Council
September 11, 2023

Page 2 ends

FISCAL IMPACT: It is recommended that funding be allocated from the approved budget for the Priority Basins Inflow & Infiltration Program (CIP #701) with a 10% Town controlled contingency in the amount of $204,686.00 allocated for use if needed, for a total allocation of $2,251,546.00.

Sufficient funding remains in the budget for this project.

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

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution awarding to and authorizing the City Manager to execute the contract with D’Arcy & Harty Construction Inc. for the 2023 Sanitary Sewer Rehabilitation & Replacement Project 23A on Tartan Trail Road in the amount of $2,046,860.00 with a 10% contingency in the amount of $204,686.00 if needed, for a total construction budget of $2,251,546.00.
-54-
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 D’ARCY & HARTY CONSTRUCTION, INC. FOR THE 2023 SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT 23A IN THE AMOUNT OF $2,046,860.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $204,686.00, FOR TOTAL COST OF $2,251,546.00 PURSUANT TO CEQA GUIDELINE SECTION 15301
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s sanitary sewer system; and
WHEREAS, the capital improvement budget identified a project to evaluate and replace or rehabilitate deficient segments of pipe that were identified in the Town’s wastewater basin discharging to the City of San Mateo Wastewater Treatment Plant; and
WHEREAS, the 2023 Sanitary Sewer Rehabilitation and Replacement Project 23A (“Project”) consists of replacing approximately 5,400 linear feet of sanitary sewer main lines and associated manholes, lower laterals, and cleanouts; and
WHEREAS, plans and specifications have been developed for improvements to the Town’s sanitary sewer system to repair the deficient pipe segments; and WHEREAS, the Project was publicly bid and advertised in accordance with the Uniform Public Construction Cost Accounting Act, and the Town received four bids for the Project; and
WHEREAS, D’Arcy & Harty Construction, Inc. (D’Arcy & Harty) was the lowest responsible bidder submitting a responsive bid in the amount of $2,046,860.00; and
WHEREAS, staff conducted an analysis of the bid and verified that D’Arcy & Harty’s qualifications and experience levels are satisfactory; and WHEREAS, funding will be allocated from the Priority Basins Inflow & Infiltration Program (CIP #701).

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 on behalf of the Town with D’Arcy & Harty Construction, Inc. for the 2023 Sanitary Sewer Rehabilitation and Replacement Project 23A in the amount of $2,046,860.00 and authorize a 10% Town controlled contingency in the amount of $204,686.00, if needed, for a total budget of $2,251,546.00, allocating funds from the Priority Basins Inflow & Infiltration Program (CIP #701)
-55-
2 Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on 11th day of September 2023, by the following vote of the members thereof:

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

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

CITY COUNCIL MEETING
SEPTEMBER 11, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH HALEY & ALDRICH, INC. FOR PROFESSIONAL

GEOTECHNICAL AND ENGINEERING DESIGN SERVICES FOR THE MACADAMIA ACCESS ROAD REPAIR IN THE AMOUNT OF $215,870.00 RESULTING IN A TOTAL AMOUNT OF $284,264.00 PURSUANT TO CEQA GUIDELINE 15301
SUMMARY: The 2022-2023 winter storms caused several slip-outs along the Macadamia access road located which is located in the Macadamia and Crocker open space area and behind private properties on Skyfarm Drive. A total of nine slip-outs were observed over a stretch of approximately 4,000 feet of the dirt access road. It was determined that the repairs needed would likely range from geogrid reinforcement to new soldier pile walls, depending on the depth of the slip outs or slides, and location along the road. Timely repair of the access road is necessary to maintain access to the Town’s public utilities located within the easement and maintain utility service to Town residents.

On August 14, 2023, the City Council approved an agreement with Haley & Aldrich, Inc. for geotechnical engineering and design services, which included data review, field exploration, laboratory testing, analysis and reporting. Additional detailed civil and structural design services, including survey work, basis of design memorandum, detailed construction drawings and engineer’s estimates, are needed to prepare bid ready plans and specifications before the upcoming rainy season. As such, staff recommends that the existing agreement be amended for a total not-to-exceed amount of $284,264.00 to include these additional services.

FISCAL IMPACT: The current project budget has a total of $68,394 allocated from General Government fund under GL Code 10011000-5460. The cost of the services has increased to $284,264.00 for additional civil and structural design services needed to complete project plans and specifications. It is recommended that funding be allocated from the General Government fund under GL Code 10011000-5460 in the amount of $215,870.00, for total a budget allocation of $284,264.00. Sufficient funding remains in the budget for this project. The Town is currently coordinating with the Town’s insurance company and FEMA to determine the reimbursement potential for these expenditures.

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: Natalie Gribben, Senior Civil Engineer
-57-
Agenda Staff Report - Hillsborough City Council
September 11, 2023

Page 2 ends

RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to amend the existing agreement with Haley & Aldrich, Inc. for professional geotechnical and engineering design services for the Macadamia Access Road repair in the amount of $215,870.00, for a total not-to-exceed contract amount of $284,264.00, allocating funds from the approved General Government fund under GL Code 10011000-5460.
-58-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

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

GEOTECHNICAL AND ENGINEERING DESIGN SERVICES FOR THE MACADAMIA ACCESS ROAD REPAIR IN THE AMOUNT OF $215,870.00, RESULTING IN A TOTAL AMOUNT OF $284,264.00 PURSUANT TO CEQA GUIDELINE 15301 WHEREAS, The Town of Hillsborough (“Town”) maintains access roads within the Town open space areas; and
WHEREAS, the 2022-2023 winter storms caused several slip-outs along the Macadamia access road located which is located in the Macadamia and Crocker open space areas; and
WHEREAS, timely repair of the access road is necessary to maintain access to the Town’s public utilities, maintain utility service to Town residents, and protect existing infrastructure; and
WHEREAS, on August 14, 2023, the City Council approved an agreement for professional design services with Haley and Aldrich, Inc. (“Haley & Aldrich”) to provide geotechnical engineering and other design services; and WHEREAS, additional detailed civil and structural design services, including survey work, basis of design memorandum, detailed construction drawings and engineer’s estimates, are needed to prepare bid ready plans and specifications before the upcoming rainy season; and
WHEREAS, staff is recommending that City Council approve an amendment to the existing agreement in the amount of $215,870.00; and
WHEREAS, funding for these services will be allocated from the General Government fund under GL Code 10011000-5460.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an amendment to the existing agreement with Haley & Aldrich, Inc. for professional geotechnical and engineering design services for the Macadamia Access Road Repair in the amount of $215,870.00, resulting in a total amount of $284,264.00.

Mayor of the Town of Hillsborough
Attest: City Clerk
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2 This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 11th day of September 2023, by the following vote of the members thereof:

AYES: Councilmembers ______________________________________ NOES: Councilmembers
ABSENT: Councilmembers _____
ABSTAIN: Councilmembers ____
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
6 CONSENT CALENDAR

CITY COUNCIL MEETING
SEPTEMBER 11, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING THE GRANT OF A TEN-FOOT-WIDE PUBLIC UTILITY EASEMENT AT 1217 SOUTHDOWN ROAD PURSUANT TO CEQA GUIDELINE 15301 SUMMARY: 1217 Southdown Road is a private property that currently has an existing Townowned and maintained six-inch sewer main running parallel to the southern property line. The owner of 1217 Southdown Road has offered to grant a ten-foot-wide public utility easement which would provide the Town access rights to operate and maintain the existing sewer main. No easement currently exists for this facility which will be corrected with this action.

The owner of 1217 Southdown Road has prepared a grant deed of a ten-foot-wide public utility easement to the Town. The subject easement documents have been verified for accuracy for consideration of acceptance by the City Council. Upon acceptance of the easement, the City Engineer can complete the recordation process. The areas proposed for dedication are as shown and described in Attachment 2 to the staff report.

FISCAL IMPACT: This action will not create any new financial responsibility to the Town and may relieve the Town of future maintenance costs.

ENVIRONMENTAL ISSUES: The proposed action accepting the easement is exempt from environmental review as the operation of an existing facility with no expansion of use, pursuant to CEQA Guideline 15301.

ATTACHMENTS:

1. Resolution

2. Dedication of Easement Documents
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution accepting the grant of a ten-foot-wide public utility easement at 1217 Southdown Road pursuant to CEQA Guideline 15301. -61-
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

ACCEPTING THE GRANT OF A TEN-FOOT-WIDE PUBLIC UTILITY EASEMENT AT 1217 SOUTHDOWN ROAD PURSUANT TO CEQA GUIDELINE 15301
WHEREAS, the Town of Hillsborough (“Town”) operates and maintains an existing sixinch sewer main running parallel to the southern property line at 1217 Southdown Road (“Property”); and
WHEREAS, the Town has determined a ten-foot-wide public utility easement is required as no easement currently existing for this facility; and WHEREAS, the Property owners desire to grant a ten-foot-wide public utility easement to the Town, the Town desires to accept this easement as more specifically described and depicted in Exhibits A and B; and WHEREAS, upon the acceptance of the grant of the ten-foot-wide public utility easement, the six-inch sewer main will be located within the easement and the Town will have access to operate and maintain the infrastructure within this easement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Hillsborough as follows:

1. The grant of the ten-foot-wide public utility easement located at 1217 Southdown Road, depicted and described in Exhibits A and B, is hereby accepted via a grant deed that shall be in a form approved by the City Manager and City Attorney.

2. The City Clerk is hereby authorized and directed to record a certified copy of this resolution with the County Recorder of the County of San Mateo.

3. The City Manager is hereby authorized to take any and all actions necessary, and execute any and all documents required to effectuate the purposes of this Resolution including, without limitation, recordation of the grant of the easement, along with resolution of execution of a certificate of acceptance of the ten-footwide public utility easement.

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 11th day of September 2023, by the following vote of the members thereof:
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ATTACHMENT 1
2 AYES: Councilmembers ______________________________________ NOES: Councilmembers
ABSENT: Councilmembers _____
ABSTAIN: Councilmembers ____
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871 Woodside Way
San Mateo, CA 94401
(650) 21 2-1 030

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EXHIBIT A - LEGAL DESCRIPTION
New 10’ Public Utility Easement Within 1217 Southdown Road Situate in the Town of Hillsborough, State of California, and being a portion of the Lands of Sougore, LLC, as described in the Grant Deed which was recorded on September 03, 2014 as instrument number 2014-079260, being a portion of Lot 7, Block “O”, as shown on that certain subdivision map entitled. “Map of Hillsborough Park,” which was filed for record on April 05, 1927, in Book 15 of Maps, pages 39-47, San Mateo County records, being more particularly described as follows:

BEGINNING at the most easterly corner of said Lot 7;

1. Thence along the southeasterly line of said Lot, South 53°13'00" West, a distance of 247.86 feet, to the most southerly corner of said Lot;

2. Thence along the southwesterly line of said Lot, North 55°12’00" West, a distance of 10.54 feet;

3. Thence leaving said line, North 53°13'00" East, a distance of 252.28 feet, to the curved northeasterly line of said Lot, being a point of nontangency, to which point a radial line bears North 47°49'17" East;

4. Thence along said curve, being a curve to the right, having a radius of 25.00 feet, through a central angle of 23°12’43”, an arc length of 10.13 feet, to the POINT OF BEGINNING.

Containing an area of 2,504 square feet, more or less

END OF DESCRIPTION
The herein described parcel is shown on the attached map, Exhibit B, of this legal description, and is made a part hereof.
____________________________
Bryan G. Taylor, PLS Date: 06/16/2023
License No. 7551
ATTACHMENT 2
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
7 PUBLIC HEARING

CITY COUNCIL MEETING
SEPTEMBER 11, 2023

AGENDA STAFF REPORT
ITEM SUBJECT: PUBLIC HEARING TO CONSIDER AND ADOPT A RESOLUTION APPROVING COMCAST’S PERMIT APPLICATION FOR THE INSTALLATION OF TWO (2)

BATTERY CABINETS (UTILITY BOX OUTDOOR FIXTURES) AT A LOCATION IN THE PUBLIC RIGHT OF-WAY WITHIN THE TRAFFIC ISLAND NEAR 1025 VISTA ROAD AND GRANTING COMCAST’S REQUEST FOR AN EXCEPTION TO POLICY NO. 19-01 FOR THESE 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 May 8, 2023, the City Council approved an amendment to the application to relocate two battery cabinets near 1020 Crystal Springs to a location in the public right-of-way near 1040 Crystal Springs Road pursuant to Resolution No 23-36. On May 8, 2023, the City Council also considered approval of two battery cabinets at 1025 Vista Road a second time. Comcast has since proposed a new location for the battery cabinets at the traffic island in front of 1025 Vista Road.

Thus, the City Council will consider two battery cabinets at the proposed location on September 11, 2023:
· Traffic Island in front of 1025 Vista Road (Two (2) Battery Cabinets) These are shown as Attachment 2.

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 -67-
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September 11, 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 May 8, 2023, Council approved an amendment to the application to relocate two battery cabinets near 1020 Crystal Springs to a location in the public right-of-way near 1040 Crystal Springs Road pursuant to its adoption of Resolution No 23-36. On May 8, 2023, Council also considered the application for 1025 Vista Road a second time.

Comcast has since proposed a new location for the battery cabinets at the traffic island in front of 1025 Vista Road instead of in front of the 1025 Vista Road Property. Council will be considering the application for this new location for approval.

2. Public Hearing Notices
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September 11, 2023

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HMC Section 12.12.030(C) requires the city engineer to set applications for outdoor fixtures for public hearing before the City Council and give notice of the hearing under the Type B notice procedure set forth in Chapter 1.20. Notices for the public hearing were sent to adjoining neighbors as required. Attachment 4 provides a copy of the notice that was sent for the September 11, 2023 City Council meeting.

No public comment letters were received for this conceptual review item before 5:00 p.m. on Wednesday, September 6, 2023. Any public comment received after 5:00 p.m. on Wednesday, September 6, 2023, and prior to 4:00 p.m. on Monday, September 11, 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.
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September 11, 2023

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

Town staff have evaluated the Comcast battery cabinets and determined that they will comply with relevant portions of Policy No. 19-01, except that the policy requires all accessory equipment installed above ground level not to exceed nine (9) cubic feet in volume. Comcast’s proposed battery cabinets do not comply with this volume requirement, and Comcast has asked for an exception. Comcast’s letter requesting such an exception is included in Attachment 3. 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 be beneficial and 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 a cost/benefit analysis weighs in favor of granting an exception 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 -70-
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September 11, 2023

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placing the battery cabinets underground, however, due to maintenance, accessibility, and safety reasons, placing the cabinets underground was not feasible.

The city engineer also finds that granting an exception is beneficial to the public health, safety or welfare and compliance with the Town’s volume limits is unnecessary for the reasons discussed above regarding A.

Finally, the city engineer also finds that granting an exception to the Town’s volume limits is advisable 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 mandate that the CPUC determined was advisable for communities in high fire threat districts. Comcast has indicated that in the event the backup is not approved, Comcast will likely resort to placing a temporary generator onsite when needed. Granting an exception to the Town’s volume limits is advisable for the Town because residents rely heavily on Comcast’s services for communications, as there are known deficiencies in 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 5 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 the application, 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. [...]
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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 the application, no CEQA analysis is required for any denial. Because CEQA applies only to projects undertaken, supported, or authorized by a public agency, if the City Council denies the application, 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. Comcast Exception Letter
4 Recommended Approval Conditions
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION:

1. Open the public hearing and receive comments;

2. Close the public hearing; and

3. Adopt the resolution approving Comcast's permit application for the installation of two (2) battery cabinets (utility box outdoor fixtures) at location in the public right-of-way within the traffic island near 1025 Vista Road and granting Comcast’s request for an exception to Policy No.19-01 for these installations, with the conditions set forth in Attachment 4.

ALTERNATIVES:

1. Adopt the resolution approving the permit application for the cabinets at 1025 Vista Road; and the city engineer’s recommendation to grant Comcast’s request for exception to Policy No. 19-01, with different conditions.

2. Deny the permit application for 1025 Vista Road; and the city engineer’s recommendation to grant Comcast’s request for exception to Policy No. 19-01. If the application is 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. -72-
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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 WITHIN THE TRAFFIC ISLAND NEAR 1025 VISTA ROAD AND GRANTING COMCAST’S REQUEST FOR AN EXCEPTION TO POLICY NO. 19-01 FOR THESE INSTALLATIONS, PURSUANT TO CEQA GUIDELINE 15303
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, Comcast submitted an application for the installation of two (2) battery cabinets (utility box outdoor fixtures) in the public right-of-way within the traffic island near 1025 Vista 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, exceeding the size limit of nine (9) cubic feet set forth in Policy No. 19-01; and
WHEREAS, public notices were mailed to owners and occupants of real property adjacent to the proposed battery cabinet locations in the public right-ofway 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
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ATTACHMENT 1
61236.02002\41623996.2
WHEREAS, on September 11, 2023, the City Council held a public hearing on the merits of the permit application and exception request, 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 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 the permit application, City Council closed the public hearing to consider approving the Comcast applications and the city engineer’s recommendation to grant Comcast an exception to the volume requirements in Policy No. 19-01, deliberated and considered a decision resolution; and
WHEREAS, Comcast’s permit application was 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; staff report; and other written submissions provided to City Council, and the record of the oral testimony given at the public hearing held on September 11, 2023 (referred to hereafter as the “Decision Record”), hereby renders its decision on Comcast’s permit application 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 street sign located in the right-of-way within the vicinity of the two (2) battery cabinets proposed in the traffic island near 1025 Vista Road. The battery cabinets will be spaced approximately three (3) feet from -74-
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the utility pole. The proposed battery cabinets will be sufficiently spaced from other outdoor fixtures and infrastructure in the right-of-way in the traffic island near 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.

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 has indicated that in order to meet the 72-hour backup that the CPUC determined was advisable for communities in high fire threat districts, Comcast will likely resort to placing a temporary generator onsite when needed.
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2. 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.

3. 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 the traffic island near 1025 Vista 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 the traffic island near 1025 Vista Road is 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 11th day of Sept 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 -77-
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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, -78-
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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 -81-
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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. -82-
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Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law.

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

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

T. Town Work. The permittee acknowledges that the Town, in its sole discretion and at any time, may: (i) change any street grade, width or location; (ii) add, remove or otherwise change any improvements in, on, under or along any street owned by the Town or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (iii) perform any other work deemed necessary, useful or desirable by the Town (collectively, "Town work"). The Town reserves the rights to do any and all Town work without any admission on its part that the Town would not have such rights without the express reservation in this permit. If the Public Works Director determines that any Town work will require the permittee's infrastructure deployment(s) located in the public rights-of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either -83-
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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. -84-
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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
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Page 2 of 3 ends

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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Page 3 of 3 ends

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: _________________________________________________________________________________ -88-
T1
SITE ADDRESS:
1025 VISTA RD , HILLSBOROUGH, CA 94010
SHEET TITLE:

ISSUE STATUS

REV DATE DESCRIPTION BY

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
7/14/23
«
«
0 12/30/21 100% CD BN
1 08/15/22 PCC#1 JW2 03/28/23 PCC#2 MJC3 07/14/23 PCC#3 MZ

LOCATION MAP
SITE ADDRESS:
1025 VISTA RD
HILLSBOROUGH, CA 94010
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. 2019 NFPA 72, NATIONAL FIREARM AND SIGNALING
CODE

5. 2019 NFPA 13, STANDARD FOR THE INSTALLATIONOF SPRINKLER SYSTEMS SI5&

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) FACE OF CURB
(2)(N) ALPHA PN-4 POWER NODE
SYSTEM ENCLOSURES W/ (18) (N) 12VALPHA 210FTX BATTERIES MOUNTEDTO (N) CONCRETE PAD AT GRADE 1 D1
2 D1
7 D1

VISTA ROAD

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

VISTA ROAD
(E) SIDEWALK
~ RESIDENCE ~
~ RESIDENCE ~ (E) PULL BOX TO BE PROTECTED IN PLACE
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:
· INSTALLATION OF (2 (N) ALPHA PN-4 POWERNODE SYSTEM ENCLOSURE· INSTALLATION OF (18) (N) 12V ALPHA 210FTX BATTERIES· INSTALLATION OF (1) (N) PRECAST CONCRETE PAD· REMOVAL & REPLACEMENT OF (E) POWER SUPPLY· ALL ASSOCIATED ELECTRIC WIRES AND CONDUITS TO CONNECT

POWERNODE CABINET TO EXISTING ALPHA CABINET
TA4 SCOPE OF WORK
(E) SIDEWALK
(E) LANDSCAPE
2 ~ LANDSCAPE ~
~ SIDEWALK ~
~ LANDSCAPE ~
4'-0"
72'-6" (E) TRAFFIC SIGN, TYP. (E) PULL BOX TO BE

PROTECTED IN PLACE
3 7'-0"
-89-

CABINET
FRONT
A1
SITE ADDRESS:
1025 VISTA RD , HILLSBOROUGH, CA 94010
SHEET TITLE:

ISSUE STATUS

REV DATE DESCRIPTION BY

AN ENERSYS COMPANY
7/14/23
«
«
0 12/30/21 100% CD BN
1 08/15/22 PCC#1 JW2 03/28/23 PCC#2 MJC3 07/14/23 PCC#3 MZ

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.

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) PULL BOX TO BE

PROTECTED IN PLACE VISTA ROAD
2 1
(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
(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) EDGE OF PAVEMENT
(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

VISTA ROAD
GRADE

VISTA ROAD
(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
1'-2"
2 (E) BUSH
(E) BUSH
~ DRIVEWAY ~
~ LANDSCAPE ~
~ SIDEWALK ~ (E) UTILITY POLE
4'-0"
7'-0"
~ LANDSCAPE ~
(E) TRAFFIC SIGN, TYP.
(E) PULL BOX TO BE

PROTECTED IN PLACE
(E) TRAFFIC SIGNAGE
3 (E) PULL BOX TO BE

PROTECTED IN PLACE
(E) TRAFFIC SIGNAGE
-90-
D1
SITE ADDRESS:
1025 VISTA RD , HILLSBOROUGH, CA 94010
SHEET TITLE:

ISSUE STATUS

REV DATE DESCRIPTION BY

AN ENERSYS COMPANY
7/14/23
«
«
0 12/30/21 100% CD BN
1 08/15/22 PCC#1 JW2 03/28/23 PCC#2 MJC3 07/14/23 PCC#3 MZ

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 5
6 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 PADOUTLINE 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.
-91-
TC1
SITE ADDRESS:
1025 VISTA RD , HILLSBOROUGH, CA 94010
SHEET TITLE:

ISSUE STATUS

REV DATE DESCRIPTION BY

AN ENERSYS COMPANY
7/14/23
«
«
0 12/30/21 100% CD BN
1 08/15/22 PCC#1 JW2 03/28/23 PCC#2 MJC3 07/14/23 PCC#3 MZ

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
-92-
Comcast Cable Communications, Inc.
3055 Triad Place
Livermore, CA 94551-9559
Town Of Hillsborough
Building and Planning
Attn: Doug Belcik, Associated Civil Engineer
1600 Floribunda Avenue
Hillsborough, CA 94010
RE: Design Standards for Infrastructure Deployments HMC 1.24.020 Dear Mr. Belcik:

Thank you for responding to Comcast’s recent email regarding our request for an exception to the above-referenced Hillsborough Municipal Code section related to placement of infrastructure in Hillsborough’s public right of way (PROW). As you may be aware, Comcast is looking to deploy back-up power cabinets n order to fully implement the CPUC’s Wireline Resiliency mandate; you can find more information about that mandate here: https://www.cpuc.ca.gov/industries-and-topics/internetand-phone/service-quality-and-etc/communications-network-resiliency.

Comcast is seeking to place seven (7) battery cabinets in the PROW in Hillsborough; due to the stored energy required by the CPUC in the event of a commercial power disruption or outage, the cabinets are larger than generally required.

Comcast requests that the City Engineer recommend that the Town Council grant the exception as we qualify under the findings set forth in HMC 1.24.020, as follows:

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.

In regard to section A, our technology has been certfied by all state & federal standards and poses no threat or impact to the public safety. In fact, the project has been deemed necessary to enhance public safety by ensuring essential services are available during a commmercial power outage event, at no cost to the public or Town of Hillsborough.

ATTACHMENT 3
-93-
Regarding section B, as stated above, the amount of stored energy required to provide seventy-two (72) hours of backup to our network is not compatible with the Town’s current above-ground cabinet size requirements, thus making this uneccessary and unadvisable for purposes of protecting the public health, saftey or welfare.

Comcast is a willing partner with the Town of Hillsborough and its residents to assist in any landscaping betterment, as well other considerations where these cabinets will need to be deployed to support our existing infrustucture power supply units that have been in place for numerious years. We are very willing to meet with Town officials to discuss this program in depth.

Please feel free to contact me to discuss any questions/concerns that may arise from our request for this exception.

We are looking forward to the opportunity to provide a more resilient network to the Town of Hillsborough. We appreciate the continued partnership and appreciate your prompt response.

Best,
Billy Glisson
Area Construction Manager-Comcast
Ph: 925/337-0726
[email protected]
-94-
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 ATTACHMENT 4
-95-
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, -96-
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; -97-
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 -99-
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. -100-
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 -101-
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. -102-
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.
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Hillsborough City CouncilSeptember 11, 2023

Hillsborough City Council
September 11, 2023