Agenda — Hillsborough City Council, September 9, 2024

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 9, 2024
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall
Meetings of the City Council are held in-person in Council Chambers. As a courtesy and technology permitting, the meeting will also be held virtually via Zoom Video Conference. However, the Town cannot guarantee that the public’s access to the Zoom virtual platform will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue.

In the event a Councilmember is participating remotely under the requirements of Government Code Section 54953 with regard to “just cause” or an “emergency” situation as those terms are defined in the Brown Act, the Town will stop the meeting if there is any technology disruption until such time that the public is reconnected to the live in person meeting and able to provide comment.

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

To provide Public Comment in person:

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

To participate in the meeting via Zoom Video Conference:
• Log in to the meeting at https://us06web.zoom.us/j/82087193402?pwd=5E3bLiCWUKoaXl6qd3DlWyYVEB5AhP.1 • Dial-in via phone:
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Meeting ID: 820 8719 3402
Passcode: 333504
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.

CLOSED SESSION (4:30 pm)
Agenda – Hillsborough City Council
Monday, September 9, 2024

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CALL TO ORDER

ROLL CALL

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

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

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

CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant – One Potential Case (see claim form in agenda packet) B. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Glenn Berkheimer and Anca Stratianu
Employee Organization: Teamsters Local 856 - Public Works and Clerical Employee Organization: Teamsters Local 350 - Public Works Supervisors

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. RECOGNITION
• RECOGNITION OF HILLSBOROUGH LITTLE LEAGUE 10s ALL-STARS TEAM VI. PROCLAMATION
• CHILDHOOD CANCER AWARENESS MONTH
VII. PRESENTATIONS
Agenda – Hillsborough City Council
Monday, September 9, 2024

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• 2024 HILLSBOROUGH CONCOURS D'ELEGANCE
• STATE HOUSING LEGISLATION UPDATE BY RENNE PUBLIC POLICY GROUP (RPPG)
• 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. APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 12, 2024

2. MONTHLY CLAIMS: AUGUST 1 THROUGH AUGUST 31, 2024 PURSUANT TO CEQA GUIDELINE 15378

3. REVIEW AND APPROVE THE TOWN’S RESPONSE TO THE SAN MATEO COUNTY GRAND JURY REPORT, “RESTAURANT EXTERIORS: THE NEGLECTED SPACE” PURSUANT TO CEQA GUIDELINE 15378

4. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RSUI GROUP, INC. FOR RENEWAL OF EMPLOYMENT PRACTICE LIABILITY INSURANCE IN THE AMOUNT OF $81,000.00 FOR A ONEYEAR TERM PURSUANT TO CEQA GUIDELINE 15378

5. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH EPS INC., DBA EXPRESS PLUMBING FOR THE 2022 SANITARY SEWER REHABILITATION & REPLACEMENT PROJECT – PHASE 1C IN THE AMOUNT OF $2,940,252.33 PURSUANT TO CEQA GUIDELINE 15302

6. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH D’ARCY & HARTY CONSTRUCTION, INC. FOR THE 2023 SANITARY SEWER REHABILITATION & REPLACEMENT PROJECT 23A IN THE AMOUNT OF $2,358,207.06 PURSUANT TO CEQA GUIDELINE 15302
Agenda – Hillsborough City Council
Monday, September 9, 2024

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7. RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC WORKS WATER MINI EXCAVATOR AND TRAILER IN THE AMOUNT OF $117,646.89 PURSUANT TO CEQA GUIDELINE 15378

8. ORDINANCE AMENDING CHAPTER 15.10 (ENERGY CODE) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE HILLSBOROUGH MUNICIPAL CODE BY AMENDING SECTION 15.10.030 AND REPEALING SECTION 15.10.050 (ENERGY REACH CODE) IN ITS ENTIRETY PURSUANT TO CEQA GUIDELINE 15378 -

ADOPTION
XI. NEW BUSINESS

9. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE VOTING DELEGATE(S) TO THE 2024 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE OCTOBER 16-18, 2024 PURSUANT TO CEQA GUIDELINE 15378 XII. 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.

XIII. TOWN UPDATE
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.

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.

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:

Agenda – Hillsborough City Council
Monday, September 9, 2024

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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.

Revised 6/2022
Claim Against the Town of Hillsborough
Claim Form
Your name(s): Daytime phone:

Address:

Address where notices should be sent, if different:

Email Address:

Date of loss/accident: ____ / ____ / ____ Approximate time:

Location of loss/accident:

Briefly explain how loss/accident occurred:

If known, provide name(s) of employee(s), contractor(s), and vehicle license plate number(s) causing accident:

Claim is for the following item(s). Please attach invoices. $
$
$
$
$
Total $
List attachments:

1. 4.

2. 5.

3. 6.

Claimant’s signature(s): Date:

Date:

Luis Cascão Pereira
April Vogensen Cascao
Hillsborough CA, 94010
Charles Rible, Esq., 3130 La Selva St., Suite 307,
San Mateo, CA, 94403, 650-573-0307.
[email protected],
12 31 2022 1:30 PM
, Hillsborough, CA 94010
A town drainage covert located up the hill and west of our home was blocked and overflowed, causing flooding and damage to our home and property.
n/a
Damage to 10 Buckeye Court - see Zume Builder Estimate 432,590 Water damage cleaning (Servpro) & Door Leak Repair (Kent Roof) 11,962 Pool Clean/Repair (B&L) & Personal Property Damage (materials to create barricade) 2,771 Lost Income (116 hours of project management and clean-up) 11,600 Loss of use of portions of home 10 Buckeye Court 3,290
462,213
Zume Builder Contractor Estimate
Servpro Water Damage
Kent Roofing
Pool & Personal Property Damage (2 docs)
Lost Income & Lost of Use (2 docs)
2022-12-31 Video of Flood and Clogged Creek
2023-06-26
2023-06-26
Received
Town of Hillsborough
6/28/2023
-1-
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PROCLAMATION
Childhood Cancer Awareness Month
September 2024
WHEREAS, childhood cancer is the leading cause of death by disease in children; and WHEREAS, one in 285 children in the United States will be diagnosed with cancer by their 20th birthday and the average age ofdiagnosis is 6 years old; and WHEREAS, 46 children per day or 16, 790 children per year are diagnosed with cancer in the United States!}
· and
WHEREAS, 80% ofchildhood cancer patients are diagnosed late and with metastatic disease; and WHEREAS, hundreds of non-pro.it organizations at the local and national level are helping cln1dren with cancer and their fam11ies cope through educationaL emotional and financial support; and WHEREAS, researchers and healthcare professionals work d.J1igently dedicating their expertise to treat and cure cln1d.J·en with cancer, and
WHEREAS, too many ch11dren are affected by this deadly disease and more must be done to raise awareness and find a cure.

NOW, THEREFORE BE IT RESOLVED that the City Council ofthe Town ofHillsborough does hereby proclaim September 2024 as Cln1dhood Cancer Awareness Month and supports this cause that so deeply impacts families in every community across our country.

Chnstine Krolik:J Mayor
September 9, 2024
Date
-3-

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

CITY COUNCIL MEETING
SEPTEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 12, 2024 -5-

UNAPPROVED MINUTES
MONDAY, AUGUST 12, 2024
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall
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.

CLOSED SESSION

CALL TO ORDER
Mayor Krolik called the meeting to order at 4:30 p.m.

ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik

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)
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
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Employment Dispute Alleging Discrimination and Retaliation C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) One potential case

ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:57 p.m.

REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Krolik called the meeting to order at 6:00 p.m.

II. ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik
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Unapproved Minutes – Hillsborough City Council
Monday, August 12, 2024

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III. PLEDGE OF ALLEGIANCE
Youth Poet Laureate Sierra Elman led the Pledge of Allegiance.

IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported that the City Council met in Closed Session and there was no reportable action.

Mayor Krolik announced an upcoming Town Hall meeting regarding teenage alcohol abuse and other forms of addiction and encouraged the community to attend.

V. PRESENTATIONS
• INTRODUCTION OF YOUTH POET LAUREATE SIERRA ELMAN
Burlingame City Librarian Bradley McCulley introduced Youth Poet Laureate Sierra Elman. Elman provided brief comments and read her poem, “This is What America Feels Like.”
• MAYOR'S APPLAUSE
Mayor Krolik recognized Phyllis Tankel for her service to the community.

Councilmembers provided comments. Mayor Krolik invited members of the public to provide comments. The following members of the public spoke regarding Ms. Tankel:

Linda Fitzpatrick
Patty Pascoe
Paula Meier
Marilyn Miller, former Superintendent of the Hillsborough City School District Cheryl Westmont
Amy McHugh
Suzy Cantor, on behalf of the Cantor family
Charlotte Huie, Nurse Practitioner, UCSF
Lilli Rey
Cassie Vaden
Ofelia Delgadillo
Hilary Caplan Somorjai
Ben Somorjai
Diana Somorjai
Anupama Hoey
Mayor Krolik announced the establishment of the inaugural Mayor’s Award for a resident who “gives back the most and asks for the least,” and stated the first recipient of the award is Phyllis Tankel. Mayor Krolik stated the award would be delivered to Ms. Tankel.

Larry Friedberg expressed appreciation for the recognition for his wife and provided comments regarding her contributions to the community.

VI. PUBLIC COMMENT I
There were no speakers.

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

VIII. CONSENT CALENDAR
Councilmember Ragsdale requested to provide comments on Item 3.

Mayor Krolik removed Item 2.
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Unapproved Minutes – Hillsborough City Council
Monday, August 12, 2024

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Councilmember Ragsdale spoke in support of Item 3 and expressed appreciation to the City Clerk for her service.

On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on voice vote, Consent Calendar items 1, 2, 3, 4, 5, 6 and 7 were approved.

1. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 10, 2024 AND JULY 8, 2024
The City Council meeting minutes of June 20, 2024 and July 8, 2024 were approved.

2. MONTHLY CLAIMS: JULY 1 THROUGH JULY 31, 2024 PURSUANT TO CEQA GUIDELINE 15378
Finance Director Jan Cooke responded to City Council questions.

On motion by Councilmember Chuang, seconded by Councilmember Royse and unanimous on voice vote, the monthly claims for July 2024 were approved as submitted.

3. RESOLUTION ADOPTING THE CLASSIFICATION SPECIFICATION FOR THE

EXPANDED POSITION OF PUBLIC WORKS INSPECTOR III AND THE POSITION OF DEPUTY CITY CLERK PURSUANT TO CEQA GUIDELINE 15378
The resolution adopting the classification specification for the position of Public Works Inspector III and the position of Deputy City Clerk pursuant to CEQA Guideline 15378 was adopted.

4. RESOLUTION ADOPTING THE 2024 SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378
The resolution adopting the 2024 Salary Schedule for the Town of Hillsborough pursuant to CEQA Guideline 15378 was adopted.

5. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 24-07 FOR THE CASA

OF SAN MATEO COUNTY CASA UNDER THE STARS EVENT PURSUANT TO CEQA GUIDELINES 15378 AND 15301
The Fundraising Event Permit Application 24-07 for the CASA of San Mateo County CASA Under the Stars event subject to the conditions recommended by staff, pursuant to CEQA Guidelines 15378 and 15301 was adopted.

6. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH G.

BORTOLOTTO & CO, INC. FOR THE 2023 STREET RESURFACING PROJECT IN THE AMOUNT OF $3,692,192.63 PURSUANT TO CEQA GUIDELINE 15301 The resolution accepting as complete the contract with G. Bortolotto & Co., Inc for the 2023 Street Resurfacing Project, the final amount of which is $3,692,192.63, and authorizing staff to file a Notice of Completion for the project and release withheld retention in accordance with state prompt payment laws was adopted.

7. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH NORGO ENGINEERING FOR THE 2530 SKYFARM DRIVE STORM PIPE REPLACEMENT PROJECT IN THE AMOUNT OF $208,625.00 PURSUANT TO CEQA GUIDELINE 15301
The resolution accepting as complete the contract with NORGO Engineering for the 2530 Skyfarm Drive Storm Pipe Replacement Project in the amount of $208,625.00 and authorizing staff to file a Notice of Completion for the Project and release withheld retention in accordance with state prompt payment laws.

IX. OLD BUSINESS
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Unapproved Minutes – Hillsborough City Council
Monday, August 12, 2024

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8. RESOLUTION ADOPTING THE MITIGATED NEGATIVE DECLARATION AND THE

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE WATER

PIPELINE DESIGN FROM HARRY TRACY WATER TREATMENT PLANT TO THE TOWN OF HILLSBOROUGH WATER SYSTEM (“HIGHLINE WATER PIPELINE”)

PROJECT
Deputy Director of Public Works Natalie Gribben provided the staff report.

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

On motion by Councilmember Royse, seconded by Vice Mayor Cole and unanimous on voice vote, the resolution adopting the mitigated negative declaration and the mitigation monitoring and reporting program (MMRP) for the Water Pipeline Design from Harry Tracy Water Treatment Plant to the Town of Hillsborough Water System (“Highline Water Pipeline”) Project.

9. ORDINANCE AMENDING CHAPTER 15.10 (ENERGY CODE) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE HILLSBOROUGH MUNICIPAL CODE BY AMENDING SECTION 15.10.030 AND REPEALING SECTION 15.10.050 (ENERGY REACH CODE) IN ITS ENTIRETY PURSUANT TO CEQA GUIDELINE 15378 –

INTRODUCTION
Director of Building & Planning Tim Anderson provided the 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 voice vote, the ordinance entitled, "Ordinance of the City Council of the Town of Hillsborough Amending Chapter 15.10 (Energy Code) of Title 15 (Buildings and Construction) of the Hillsborough Municipal Code by amending Section 15.10.030 and repealing Section 15.10.050 (Energy Reach Code) in its entirety pursuant to CEQA Guideline 15378” was introduced with further reading waived.

X. PUBLIC COMMENT II
There were no speakers.

XI. TOWN UPDATE
City Manager Doug Davis provided an informational update regarding the Town’s ADU Dashboard and events and activities in the town, and responded to City Council questions.

XII. CITY COUNCIL ITEMS
Vice Mayor Cole reported her attendance at a meeting of the Firewise Board in which the chipping program was discussed, provided an update from the Central County Fire Department regarding the Wildland Urban Interface program, and expressed appreciation for the HIP Housing flyer regarding rental of ADUs in the recent water bill.

Councilmember Ragsdale reported her attendance at a presentation regarding the San Mateo County Family Justice Center, her participation in a presentation with her Leadership Council San Mateo County CORPS class, and a “Loneliness to Light” Series presentation at the Peninsula Humane Society regarding how pets combat loneliness. Councilmember Ragsdale reported her attendance at the Council of Cities meeting in Foster City in which Anders Fung was appointed to the San Mateo County Transportation Authority to fill the remaining term of Emily Beach, and reported her attendance at a Senior Scam Stopper Seminar hosted by Senator Becker and Assemblymember Papan and provided information regarding prevention tips that were shared.

Councilmember Chuang reported her attendance at the debut of the Caltrain electric trains and reported that Fire Chief Pucci is at the Crozier fire and his offer of an opportunity for -9-
Unapproved Minutes – Hillsborough City Council
Monday, August 12, 2024

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Councilmembers to tour the camp at the Placer County Fairgrounds. Councilmember Chuang reported HNN is promoting block parties and encouraged neighborhoods to host a block party and HNN will attend to provide information regarding emergency preparedness.

Councilmember Chuang announced the upcoming Neighborfest event and the monthly HNN meetings on Tuesday mornings after a Council meeting.

Councilmember Royse reported his attendance at a meeting of the SFO Airport/Community Roundtable and provided information regarding airport traffic, noise curfews and aircraft procedural changes.

Mayor Krolik congratulated Police Department Captain Meme Colla on her promotion. Mayor Krolik reported the Town will host the San Mateo County Council of Cities meeting in November and encouraged the community to come to the Town Hall meeting regarding alcohol abuse and other addictions, and congratulated Councilmember Ragsdale on graduating from the leadership program.

XIII. ADJOURNMENT
Mayor Krolik adjourned the meeting at 7:29 p.m. in honor of Fire Chief Dave Pucci and the firefighters fighting wildfires.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
2 CONSENT CALENDAR

CITY COUNCIL MEETING
SEPTEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: AUGUST 1 THROUGH AUGUST 31, 2024 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The monthly claims for the month of August 2024 in the amount of $8,250,182.92 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 2024 as submitted. -11-

TOWN OF HILLSBOROUGH

REPORT OF GOODS & SERVICES PURCHASED
DURING THE MONTH OF AUGUST 2024
PREPARED BY:

Alan Singh
Docusign Envelope ID: 60B1BC3B-5BEF-427E-8AFA-A882DEE02D41 -12-

TOWN OF HILLSBOROUGH

SUMMARY OF PURCHASES
DURING THE MONTH OF AUGUST 2024
GOODS & SERVICES PURCHASED $4,752,634.71
NET SALARIES & TAXES PAID 1,578,785.35
HEALTH BENEFIT PREMIUMS 191,981.69
CCFD FUNDING 743,775.00
SAN FRANCISCO WATER PAYMENTS 983,006.17
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $8,250,182.92

FINANCE DIRECTOR DATE

CITY MANAGER DATE
Docusign Envelope ID: 60B1BC3B-5BEF-427E-8AFA-A882DEE02D41 9/5/2024
9/5/2024
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COMPARATIVE SUMMARY
For the Month of August 2024
Aug-24 Aug-23 Aug-22
Goods & Services Purchased:

Operations 3,499,298.36 3,539,355.77 1,741,856.16
Capital 1,253,336.35 2,137,760.76 201,333.05
Net Salaries & Taxes Paid 1,578,785.35 938,254.01 961,650.41 Health Benefit Premiums 191,981.69 168,672.00 157,218.54 Bond Payments 0.00 0.00 40,816.45
CCFD Funding 743,775.00 703,368.00 654,759.00
San Francisco Water Payments 983,006.17 750,436.55 687,066.29 Total $8,250,182.92 $8,237,847.09 $4,444,699.90
NOTES:

Operations -
Capital -
Net Salaries & FY 24/25 payroll had three pay periods in August 2024 compared to only two pay Taxes Paid - periods in August 2023, as well as timing of filling open positions and cost of living increase effective January 1, 2024.

CCFD -
Water -
FY 24/25 spending is consistent with FY 23/24 spending.

Capital project spending in August 2024 is primarily for Priority Basin Project, Darrell Tank Improvement, Storm Drain repairs, and the Street Resurfacing Project.

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

There was an SFPUC wholesale water rate increase on July 1, 2024 to $5.67 (from $5.21, a 8.8 % increase). The increase in FY 24/25 as compared to FY 23/24 is attributed to the SFPUC rate increase, higher units purchased, and timing of payments.

Docusign Envelope ID: 60B1BC3B-5BEF-427E-8AFA-A882DEE02D41 -14-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2024
CK # VENDOR DESCRIPTION AMOUNT
15276 ACTION TOWING AND ROAD SERVICE MAINT - SPARE TIRE SERVICE CAR #4 PD 148.50 15277 AIXTEK EQUIP - REPLACEMENT SERVER IT 1,264.38
15278 AT&T 6/17/24-7/16/24 PD 597.66
15279 AT&T 6/10/24-7/9/24 1,475.17
15280 AT&T JUN '24 PD 1,176.75
15281 ATLAS TOWING SERVICES, INC TOW - FLAT TIRE SERVICE FORD EXPLORER PD 175.00 15282 AUTO PRIDE CAR WASH, INC JUN'24 CAR WASHES PD 415.85 15283 BAYSIDE BUILDING MATERIALS INC MATERIALS - SOIL PW 383.68 15284 BEST BEST & KRIEGER LLP FEE - JUN '24 LEGAL SERVICE 19,173.20 15285 BOSCO OIL COMPANY GAS/DIESEL PW/PD 8,092.54
15286 C/CAG FY 2024-25 GAS TAX/GEN FUND/ CONGESTION RELIEF 36,011.00 15287 CAL-STEAM, INC. #2504 PARTS - HOSE ADAPTERS PW 391.39 15288 CITY OF SOUTH SAN FRANCISCO FEE - RANGE USE NCR SWAT FY 23-24 PD 1,110.00 15289 CLARK PEST CONTROL PEST CONTROL - TOWN HALL/1640 RENTAL PW 250.00 15290 CO OF SAN MATEO INFO SERVICES DEPT. JUN'24 MICRO CHANNEL LINES PD 164.51 15291 CORDICO PSYCHOLOGICAL CORPORATION PRE-EMPLOYMENT EVAL PD 500.00 15292 CRYSTAL SPRINGS PET HOSPITAL K-9 VET SERVICES - DIESEL PD 108.88 15293 CSG CONSULTANTS, INC. WATER ADMIN 6/1/24-6/30/24 & VARIOUS PRJ PW 71,695.00 15294 DAILY JOURNAL CORPORATION SOFTWARE - CRW/TRACK IT CONSULT 4/24 BP 3,105.06 15295 DAN OKANO EQUIP - BLOWER/BATTERY PW 5,481.18
15296 DEPARTMENT OF JUSTICE JUN'24 FINGERPRINT SERVICE PD 81.00 15297 DIAMOND TRUCK BODY MFG, INC PART - WEATHER STRIPPING TRUCK #232 PW 370.00 15298 FARALLON COMPANY REPAIR - DENHAM/RALSTON STORM DRAIN PRJ PW 4,159.13 15299 FASTENAL COMPANY SUPPLIES - DEFIBRILLATOR BATTERY AND PADS PW 389.16 15300 FLOWATER EQUIP - JUL '24 WATER STATION BP 164.06
15301 FORENSIC LOGIC, LLC SOFTWARE - CRIMETRACER 7/1/24-6/30/25 PD 3,647.00 15302 FREYER & LAURETA, INC HIGH LINE WATER PRJ DESIGN PW 9,471.54 15303 G. BORTOLOTTO & CO 2023 STREET RESURFACING PRJ PW 249,861.61 15304 GLENN BERKHEIMER JUL '24 LABOR RELATIONS HR 1,700.00 15305 GOOD CITY COMPANY CONSULT - GENERAL PLAN/HOUSING ELEMENT JUN '24 665.00 15306 GRANITE ROCK COMPANY MATERIALS - ASPHALT PW 1,286.40 15307 GREATLAND CORP PRINT - PAYROLL CHECK STOCK FN 121.52 15308 HF&H CONSULTANTS, LLC JUN'24 SOLID WASTE RATE STUDY/JUL '24 WATER RATE 3,255.00 15309 JOANNE M. AKAY CATERING - JUN'24 MANAGEMENT MEETING PD 450.00 15310 KEVIN KASHIWAHARA BACKGROUND INVESTIGATION NEW HIRE PD 1,000.00 15311 KURT ASHLEY BACKGROUND INVESTIGATION NEW HIRE PD 2,485.24 15312 LEAF CAPITAL FUNDING EQUIP - JUN '24/JUL '24 WATER STATION CM 252.06 15313 LITTLER, MENDELSON, P.C. LEGAL SERVICES JUN '24 CM 16,435.00 15314 MAMME INC CATERING - CITY COUNCIL MEETING 7/8/24 CO 223.64 15315 CA METRO MOBILE COMMUNICATIONS INC REPAIR - REPROGRAM RADIOS PD 175.00 15316 NORCAL RENTAL GROUP LLC EQUIP - ASPHALT ROLLER/BOOM RENTAL PW 2,394.58 15317 ODYSSEY POWER CORPORATION MAINT - GENERATOR SKYFARM PW 5,212.00 15318 KAVI VYAS & REINA SHAH REFUND - BUILD DEPOSIT BP 2,000.00 15319 SWAN POOLS REFUND - PERMIT FEEE VOID BP 492.82
15321 JIM O'LEARY REIMB - INSPECTOR CERTIFICATION TEST 6/27/24 BP 305.00 15322 JIM O'LEARY REIMB - INSPECTOR CERT STUDY GUIDE 6/28/24 BP 195.25 15323 BING XIE REFUND - WATER ACCOUNT BALANCE FN 136.93 15324 HIDEMASA TAKIZAWA REFUND - WATER ACCOUNT BALANCE FN 368.57 15325 JIAXIN XU REFUND - WATER ACCOUNT BALANCE FN 445.84 15326 JING WEN PI REFUND - WATER ACCOUNT BALANCE FN 276.83 15327 JOHN PLANE REFUND - WATER ACCOUNT BALANCE FN 224.33 15328 JOYCE WU REFUND - WATER ACCOUNT BALANCE FN 500.00 15329 MARCUS NEWBURY REFUND - WATER ACCOUNT BALANCE FN 316.63 15330 MARK MAISENBACHER REFUND - WATER ACCOUNT BALANCE FN 231.41 15331 PADRAUM PARDEHPOOSH REFUND - WATER ACCOUNT BALANCE FN 203.29 15332 RICHARD B. KOCH REFUND - WATER ACCOUNT BALANCE FN 402.42 Docusign Envelope ID: 60B1BC3B-5BEF-427E-8AFA-A882DEE02D41 -15-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2024
15333 SCOTT FELDMAN REFUND - WATER ACCOUNT BALANCE FN 188.41 15334 WEI LI REFUND - WATER ACCOUNT BALANCE FN 169.44
15335 XIAOLING YIN REFUND - WATER ACCOUNT BALANCE FN 284.53 15336 PENINSULA PUMP & EQUIPMENT INC REPAIR - UPPER LIFT STATION/PUMP TARTAN TRAIL PW 2,433.44 15337 PG & E 6/1/24-7/1/24 MULTIPLE ACCOUNTS 1,951.89
15338 PRIORITY 1 REPAIR - MULITPLE VEHICLES PD 8,926.78 15339 QUENCH USA, INC EQUIP - WATER STATION 6/28/24-7/27/28 PD 177.61 15340 R & A JANITORIAL SERVICE, LLC MAINT - WINDOW CLEANING TOWN HALL/ANNEX PW 2,900.00 15341 RECOLOGY SAN MATEO COUNTY SMCO GARBAGE FEES FY23-24 2ND/3RD PERIOD FN 568,774.27 15342 RENNE PUBLIC LAW GROUP LLP LEGAL RETAINER JUN '24 CM 4,000.00 15343 ROBERT HALF INTERNATIONAL INC TEMP SERVICE-W/E 7/5-19/24 MULTIPLE INVOICES FN/CM 6,469.74 15344 SAN MATEO COUNTY FORENSIC LAB JUN'24 CRIME LAB SERVICES PD 2,296.00 15345 SAN MATEO COUNTY SHERIFF'S OFFICE FEE - COYOTE POINT RANGE 6/24 PD 1,167.00 15346 SAN MATEO LOCK WORKS, INC. KEYS PW 212.68
15347 SFPUC RENT - CHERRY CREEK PW 2,919.97
15348 SIEMENS INDUSTRY, INC REPAIR - FIRE ALARM PANEL PD 1,815.94 15349 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 449.52 15350 STATE OF CA MILITARY DEPT TRAINING FACILITY ACCESS 10/21-23/23 PD 405.00 15351 SUN RIDGE SYSTEMS, INC 2024 RIMS USERS CONFERENCE STAFF PD 2,630.00 15352 SUSTAINABLE SAN MATEO COUNTY 24/25 CONTRIBUTION CM 5,000.00 15353 TELECOMMUNICATIONS ENGINEERING ASSOJUL'24 COMM CENTER/BASE PD 2,345.50 15354 THOMSON WEST JUN'24 INVESTIGATIVE WEBSITE PD 1,045.45 15355 TIMBERLINE TREE SERVICE, INC. MAINT - TREE REMOVAL WOODLAND PW 7,550.00 15356 TOOLAND TOOLS - TABLE SAW & VARIOUS ITEMS PW 3,018.76 15357 TRESSERS TOW SERVICE MAINT - LOCKOUT '20 CHEVY TAHOE PD 75.00 15358 TURBO DATA SYSTEMS, INC. JUN'24 CITATION PROCESSING & SCANNER PD 1,595.62 15359 UTILITY TELECOM, INC. JUL '24 ETHERNET & CIRCUITS IT 394.81 15360 VERIZON WIRELESS 6/7/24-7/6/24 MULTIPLE ACCOUNTS PD 4,574.52 15361 VIKING SHRED LLC JUL'24 DESTRUCTION SERVICES PD 82.99 15362 WITMER-TYSON IMPORTS, INC. JUN'24 K-9 TRAINING PD 1,100.00 15363 AIXTEK JUL '24 IT MANAGE SERVICE /MICROSOFT LIC JUN '24 IT 33,593.98 15364 CENTRAL COUNTY FIRE DEPARTMENT REMIT - Q4 FY 23/24 FIRE REVIEW FEE FN 9,033.50 15365 CENTRALSQUARE TECHNOLOGIES,LLC SOFTWARE - CRW TRACKIT PRJ MILESTONE 4 - BP 35,078.00 15366 CITY OF BURLINGAME JUL '24 LIBRARY SERVICES CM 66,381.00 15367 CITY OF SAN MATEO AUG '24 LIBRARY SERVICES CM 24,786.88 15368 QUALITY ASSURANCE ENGINEERING, INC DARRELL TANK PRJ MATERIALS TESTING PW 462.00 15369 DARCY & HARTY CONST., INC. SANITARY SEWER REPLACEMENT 23A PRJ PW 159,047.10 15370 DEAN"S AUTO BODY REPAIR - BUMPER/GRILLE/FENDER TRUCK #S-1 PW 9,919.22 15371 FARALLON COMPANY REPAIR - DENHAM/RALSTON STORM DRAIN PRJ PW 3,160.87 15372 GATEWAY PACIFIC CONTRACTORS, INC DARRELL WATER TANK REPLACE PRJ PW 200,756.85 15373 HAZEN AND SAWYER, DPC LEAD SERVICE LINE INVENTORY PRJ PW 34,801.25 15374 LEXIPOL, LLC SUBSCRIPTION-LEXIPOL ANNUAL POLICY SYSTEM 24/25 PD 17,385.47 15375 LIEBERT CASSIDY WHITMORE MEMBERSHIP - SAN MATEO CO ERC 7/1/24-6/30/25 HR 6,660.00 15376 NINYO & MOORE GEOTECHNICAL TARTAN TRAIL BRIDGE INVESTIGATION PW 2,425.50 15377 NORGO ENGINEERING SKYFARM STORM DRAIN REPLACE PRJ PW 105,808.15 15378 COLTER VENTURES LLC EQUIP - GYM EQUIP VARIOUS ITEMS PD 13,828.32 15379 PODESTA CONSTRUCTION INC REIMB - DUPLICATE BUSINESS LICENSE FEE FY 24/24 FN 104.00 15380 PAKPOUR CONSULTING GROUP,INC 23/24 WATER & SEWER REPLACE PRJ DESIGN PW 13,852.50 15381 PRIORITY 1 REPAIR - MULTIPLE VEHICLES PD 14,168.81 15382 SCHAAF & WHEELER CONSULTING 2024 SANITARY SEWER LIFT STATION UPGRADE 24A PRJ 26,181.00 15383 SELWAY CONSTRUCTION MAINT - REMODEL GYM ROOM PD 24,757.00 15384 SUN RIDGE SYSTEMS, INC SOFTWARE - SUPPORT RIMS/CAD 7/24-6/25 PD 28,723.00 15385 TELECOMMUNICATIONS ENGINEERING RIMS CAD/RMS TECH SERVICES 4/1/24-6/30/24 PD 1,000.00 15386 JOHN M REED PRINT - CRYSTAL AWARD FOR MAYOR'S APPLAUSE 283.81 15387 ACTION TOWING AND ROAD SERVICE TOW - CROWN VIC/2ND UNIT PD 341.00 15388 AGUILAR & SONS REPAIR - INSTALL ASHPALT DE SABLA PW 17,825.00 15389 AIRGAS INC PARTS - WIRE MIG WELDER PW 154.40
15390 AIXTEK SOFTWARE - MICROSOFT LICENSE JUL '24 IT 5,698.25 15391 ALERT DOOR SERVICE, INC. MAINT - GATE CORP YARD/DARRELL TANK SITE PW 700.00 15392 ALTA PLANNING DESIGN, INC BICYCLE AND PEDESTRIAN MASTER PLAN - PHASE 1 PW 20,618.75 15393 ANN STAR FORMAN FEE - NOTARY SERVICES JUL '24 BP 180.00 Docusign Envelope ID: 60B1BC3B-5BEF-427E-8AFA-A882DEE02D41 -16-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2024
15394 ASSOC OF BAY AREA GOVERNMENTS FEE - MEMBERSHIP FY24-25 4,350.00 15395 AT&T 6/19/24-7/18/24 155.55
15396 AT&T 6/24/24-7/23/24 467.30
15397 AT&T 6/20/24-7/19/24 726.05
15398 AT&T 6/19/24-7/18/24 254.93
15399 AT&T 6/20/24-7/19/24 155.55
15400 AT&T 6/20/24-7/19/24 65.68
15401 AUTO PRIDE CAR WASH, INC JUL'24 CAR WASHES PD 415.85 15402 AUTO TRUCK GROUP, LLC INSTALL - LIFTGATE TRUCK #210 PW 5,409.69 15403 BARTLEY PUMP PM, LLC REPAIR - IMPELLER PUMP CORP YARD PW 5,089.28 15404 BAY AREA WATER SUPPLY & CONSERVE AGWATER SUPPLY MODEL PROGRAM MAY/JUN '24 PW 4,742.21 15405 BAY PRO INSTALL - LANDSCAPE EUCALYPTUS PATHWAY HBF 44,593.00 15406 BIG STATE INDUSTRIAL SUPPLY, INC SUPPLIES - LUBRICANT/WRENCH SETS PW 808.04 15407 BLACK HILLS AMMUNITION, INC SUPPLIES - AMMUNITION PD 12,869.50 15408 BOSCO OIL COMPANY GAS/DIESEL PW/PD 5,776.99
15409 BUILDCHECK AI, INC CONSULT - ADRB APPLICATIONS AUGUST '24 BP 745.00 15410 BURNETT LANDSCAPE DEVELOPMENT INC MAINT - AUG '24 HBF LANDSCAPE VARIOUS SITES 5,865.13 15411 CAL-STEAM, INC. #2504 PARTS - VARIOUS ITEMS FOR SAMPLE STATION PW 342.65 15412 CALIFORNIA ELECTRIC CO. INSTALL - CONDUIT/WIRING FOR LOCKERS/BREAKER PD 6,203.87 15413 CALIFORNIA MUNICIPAL STATISTIC, INC DIRECT & OVERLAPPING DEBT FOR CAFR 6/30/24 480.00 15414 CENTRAL COUNTY FIRE DEPARTMENT AUG '24 FISCAL CONTRIBUTION 743,775.00 15415 CENTRALSQUARE TECHNOLOGIES,LLC SOFTWARE - CRW/TRACK IT CONSULT 7/24 BP 3,960.00 15416 CHEMSEARCH SUPPLIES - ZYME PW 5,015.29
15417 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 712.23 15418 CITY OF BURLINGAME MAY '24 SEWER BILLING FY 23/24 PW 106,362.00 15419 CITY OF SAN MATEO COUNCIL OF CITIES 6/28/24-CHUANG CO 60.00 15420 CIVICPLUS SOFTWARE-MUNICODE ORBANK/ORDLINK 8/1/24-7/31/25 CL 6,762.63 15421 COMCAST MAY '24/JUNE '24 CALNET NONCGEN LINE IT 9,607.54 15422 CONSOLIDATED CM, INC DARRELL TANK REPLACE PRJ MANAGE PW 31,191.00 15423 CORDICO PSYCHOLOGICAL CORPORATION PRE-EMPLOYMENT EVAL PD 500.00 15424 CORE & MAIN LP PARTS - VARIOUS ITEMS PW 1,119.21
15425 COUNTY OF SAN MATEO FY 24-25 ANIMAL CARE SHELTER CONSTRUCTION COST 12,330.00 15426 CSG CONSULTANTS, INC. 2025 STREET RESURFACE 6/1/24-6/30/24 & VARIOUS PRJ PW 196,960.85 15427 CUSTOM TOPS INC EQUIP- RUNNING BOARD/FLOOR COVER TRUCK #144 PW 6,000.64 15428 DAN OKANO REPAIR - POST AUGER PW 96.87
15429 DANIEL RICHARD CHARLES INSPECT - PUMP CLARK STATION PW 500.00 15430 DEBORAH YACOBELLIS CONSULT - CRW/TRACK IT JULY '24 BP 12,652.50 15431 DU-ALL SAFETY, LLC JUL '24 SAFETY CONSULT PW 3,920.00 15432 E AND M ELECTRIC & MACHINERY SCADA -SUPPORT MAINTENANCE CONTRACT PW 13,410.00 15433 EDUCATION & TRAINING SERVICES LLC TRAIN - LEADERSHIP PROGRAM STAFF PW 1,647.00 15434 ENVIRONMENTAL SYSTEM RESEARCH INST SOFTWARE - ARC GIS DESKTOP LIC 7/22/24-7/21/25 PW 27,500.00 15435 EPRINTS & DOCUMENT SERVICES PRINT- BUSINESS CARDS STAFF PW 71.26 15436 EWING IRRIGATION PRODUCTS INC SUPPLIES - PIPES PW 526.35 15437 FASTENAL COMPANY SUPPLIES - PERSONNEL PROTECTIVE EQUIP PW 379.80 15438 FLOWATER EQUIP-JUL '24 WATER STATION/MAINT- SERVICE UNIT PW 300.79 15439 FOLGER GRAPHICS, INC PRINT - QUARTERLY NEWSLETTERS Q3 2024 CM 3,425.00 15440 GO NATIVE, INC MAINT - VEGETATION MANAGE VARIOUS SIGHTS PW 45,024.14 15441 GRAINGER SUPPLIES - CABLE/LEAF BLOWER & VARIOUS ITEMS PW 3,294.46 15442 GRANITE ROCK COMPANY MATERIALS - ASPHALT PW 242.29 15443 HADRONEX, INC. RENEWAL - 7/1/24-6/30/26 SOFTWARE SUPPORT/PARTS 39,840.00 15444 HALEY & ALDRICH, INC MACADAMIA ACCESS ROAD DESIGN PRJ PW 36,679.70 15445 HASSETT HARDWARE-SAN MATEO SUPPLIES - FASTENERS PW 7.07 15446 HIP HOUSING 2024-2025 HOME SHARE GRANT CM 15,000.00 15447 HOME DEPOT CREDIT SERVICES JUN '23 VARIOUS PARTS & SUPPLIES PW 1,739.42 15448 INTERWEST CONSULTING GROUP JULY '24 BUILDING INSPECTOR SERVICES BP 3,000.00 15449 JEFFREY SCHOENSTEIN PRINT - STAR LOGO PATROL VEHICLE DOOR PD 179.35 15450 JUDY ANN PARDINI FEE - FINGERPRINT SERVICES PD 210.00 15451 K-119 OF CALIFORNIA INC TOOLS - VARIOUS ITEMS PW 2,599.72 15452 MIDWEST MOTOR SUPPLY CO, INC SUPPLIES - VARIOUS ITEMS PW 7,783.69 15453 LIEBERT CASSIDY WHITMORE TRAIN - HARASSMENT CLASS STAFF HR 3,200.00 15454 LITTLER, MENDELSON, P.C. LEGAL SERVICES OCT ’23/DEC '23 CM 4,125.00 Docusign Envelope ID: 60B1BC3B-5BEF-427E-8AFA-A882DEE02D41 -17-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2024
15455 MARK D HUDAK LEGAL SERVICES - JUL 2024 CM 3,600.00 15456 MASTERPIECE GARDENERS, INC MAINT - JUL '24 HBF LANDSCAPE VARIOUS SITES 650.00 15457 CA METRO MOBILE COMMUNICATIONS INC INSTALL - RADIO #333/EQUIP - HANDHELD RADIO PW 2,327.19 15458 NAPA AUTO PARTS - BURLINGAME SUPPLIES - WASHER FLUID/VENT CLEANER PW 92.18 15459 NOEL L. MILLER, INC. MAINT - MULTIPLE VEHICLES PW 2,193.64 15460 ODYSSEY POWER CORPORATION REPAIR - GENERATOR HAYNE/SKYFARM PW 16,079.08 15461 BRIAN & CLARE MILLER REFUND - BUILD DEPOSIT BP 3,985.00 15462 BRIAN & CLARE MILLER REFUND - GRADE DEPOSIT BP 5,000.00 15463 HE LIU REFUND - GRADE DEPOSIT BP 20,000.00
15464 JAMISON & RENEE MARK REFUND - BUILD DEPOSIT BP 5,585.00 15465 KAVI VYAS & REINA SHAH REFUND - BUILD DEPOSIT BP 20,805.00 15466 KAVI VYAS & REINA SHAH REFUND - GRADE DEPOSIT BP 10,000.00 15467 KIMBERLY & JOSEPH LIN REFUND - BUILD DEPOSIT BP 15,000.00 15468 MUNIR ALAM REFUND - BUILD DEPOSIT BP 22,946.50
15469 NADER HEYDAYIAN & HAMIDEH NOURN REFUND - PERMIT FEE VOID BP 19,376.14 15470 QAZI MUNIRUL ALAM&SAMIRA RAHMATULLAREFUND - BUILD DEPOSIT BP 4,000.00 15471 DARYL ARCEO REIMB - TRAVEL EXP ACT CLASS 6/16-28/24 PD 3,882.65 15472 LOU LARRARTE REIMB - WATER OPERATOR CERT D2 FEE PW 80.00 15473 COMMUNICATION MANAGERS ASSOC SMC NONSWORN PROF PUBLIC SAFETY STAFF LUNCH PD 450.00 15474 RCFFA SMCO MEMORIAL SERVICE MEMORIAL SERVICE CONTRIBUTION 8/8/24 PD 400.00 15475 SHIRIN IMANI REFUND - POLICE REPORT FEE PD 20.00
15476 T-MOBLIE USA INC. FEE - DOCUMENTATION REQUEST PD 115.00 15477 MELISSA HESSEKIEL REFUND - WATER OVERPAYMENT FN 11,790.82 15478 PAKPOUR CONSULTING GROUP,INC 2023 STREET RESURFACING PRJ INSPECT PW 23,123.75 15479 PATRIOT ENVIRONMENTAL LAB SERVICES INVESTIGATE/ANALYZE AIR POST MOLD PD 935.00 15480 PENINSULA CONFLICT RESOLUTION CENTER24/25 COMMUNITY MEDIATION SERVICES CM 2,912.01 15481 PENINSULA TRUCK REPAIR INC MAINT - MULTIPLE VEHICLES PW 7,618.90 15482 PETERSON POWER SYSTEMS, INC. MAINT - BACKHOE E-4 PW 850.24 15483 PG & E 6/14/24-7/15/24 MULTIPLE ACCOUNTS 90,956.45 15484 PRIORITY 1 MAINT - MULTIPLE VEHICLES PD 6,181.04
15485 QUENCH USA, INC EQUIP - WATER STATION 7/28/24-8/27/28 PD 177.61 15486 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 7/19/24-8/9/24 CM/FN 14,431.62 15487 SAN MATEO LOCK WORKS, INC. KEYS PW 116.21
15488 SAN MATEO LUMBER CO., INC PARTS - DOOR & VARIOUS ITEMS PW 553.92 15489 AWWAD ENTERPRISES INC INSPECT - BATHROOM PD 150.00 15490 SFPUC FINANCIAL SERVICES JUN '24 - WATER QUALITY ANALYSIS PW 865.00 15491 SHAWN KIRBY JUL '24 POOL SERVICE 1640 RENTAL PW 200.00 15492 SOCIAL ENVIRONMENTAL ENTREPRENEURS FEE - CADC MEMBERSHIP 23/24 PW 16,500.00 15493 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,214.68 15494 STATE WATER RESOURCE CONTROL BRD FEE - WATER OPERATOR CERT D1 PW 70.00 15495 TELECOMMUNICATIONS ENGINEERING EQUIP - RADIO BASE STATION UPGRADE PD 208,645.94 15496 THE ADAM-HILL COMPANY REPAIR - HOSE ASSEMBLY TRUCK #538 PW 94.43 15497 THIRKETTLE CORPORATION PARTS - WATER METERS PW 8,823.28 15498 THOMSON WEST AUG'24 INVESTIGATIVE WEBSITE PD 1,045.45 15499 TIMBERLINE TREE SERVICE, INC. MAINT - TREE REMOVAL LOOKOUT PW 1,600.00 15500 TURBO DATA SYSTEMS, INC. JUL'24 CITATION PROCESSING & SCANNER PD 1,612.38 15501 ULINE, INC. EQUIP - CABINET PW 149.35
15502 UNITED LABORATORIES SUPPLIES - SEWER LIFT-ZYME PW 3,101.85 15503 UNITED SITE SERVICES, INC. PORT-POTTY RENTAL - WORK FURLOUGH 7/1/24-7/31/24 470.16 15504 VERIZON CONNECT NWF INC JUN '24 - GPS MONTHLY SERVICES PW 1,398.59 15505 VERIZON WIRELESS 6/3/24- 7/2/24 MULTIPLE ACCOUNTS PW 2,333.65 15506 VIKING SHRED LLC JUL'24 DESTRUCTION SERVICES PD 82.99 15507 WECO INDUSTRIES, LLC PARTS - GAS METER PARTS PW 693.96 15508 WESLEY CONSTRUCTION, INC REPAIR - BATHROOM PD/ADMIN COPY ROOM PW 12,039.74 15509 HASENKAMP FAMILY TRUST REFUND - BUILD DEPOSIT BP 1,970.00 15510 MELISSA HESSEKIEL REFUND - WATER OVERPAYMENT FN 2,707.21 15511 ADP, LLC JUL '24 MASTERTAX SOFTWARE SUPPORT FN 86.29 15512 AGUILAR & SONS REPAIR - INSTALL ASPHALT ROBERT PW 3,325.00 15513 ALL FENCE COMPANY, INC. INSTALL - FENCE RALSTON PW 10,628.00 15514 AT&T 8/7/24 PD 534.93
15515 BAY AREA AIR QUALITY MGMT. DIS PERMIT RENEWAL FEE - SKYFARM FACILITY PW 607.00 Docusign Envelope ID: 60B1BC3B-5BEF-427E-8AFA-A882DEE02D41 -18-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2024
15516 BAY PRO REPAIR-IRRIGATION DOWNEY HBF/MAINT-MAY '24 HAYNE 675.00 15517 BAYSIDE BUILDING MATERIALS INC MATERIALS - SAND PW 20.00 15518 BEST BEST & KRIEGER LLP FEE - APR '24 LEGAL SERVICE 469.55 15519 BIG STATE INDUSTRIAL SUPPLY, INC SUPPLIES - DRILL BITS/SPRAY PAINT PW 2,604.28 15520 BOSCO OIL COMPANY GAS/DIESEL PW/PD 4,543.06
15521 CINTAS CORPORATION NO 3 UNIFORM CLEANING SERVICE PW 1,776.44 15522 CITY OF SAN MATEO WWTP/CWP O&M QTR 4 FY 23-24 PW 294,112.16 15523 COUNTY OF ALAMEDA TRAIN - EVOC STAFF PD 3,564.00
15524 CO OF SAN MATEO INFO SERVICES DEPT. JUL'24 MICRO CHANNEL LINES PD 164.51 15525 CO OF SAN MATEO PUBLIC SAFETY COMM JUL-SEPT'24 MESSAGE SWITCH PD 2,166.00 15526 COMCAST JUL '24 PW 456.75
15527 CORE & MAIN LP PARTS - BOLTS/GASKETS PW 235.07
15528 COUNTY OF MARIN FEE - MEMBERSHIP JUL '24- JUN '25 945.00 15529 CSG CONSULTANTS, INC. BUILDING PLAN/INSPECT SERVICES JUL '24 BP 3,056.67 15530 CUSTOM TOPS INC EQUIP - BACK UP ALARM TRUCK #333 PW 300.81 15531 DEGREE HVAC, INC REPAIR - HVAC FIRE STATION #33 PW 1,400.00 15532 DEPARTMENT OF JUSTICE JUL'24 FINGERPRINT SERVICE PD 192.00 15533 ESA CHERRYCREEK ENVIRO SUPPORT POST CONSTRUCT PRJ 1,532.25 15534 FASTENAL COMPANY SUPPLIES - FIRST AID KITS PW 881.02 15535 FLOWATER EQUIP - AUG '24 WATER STATION PW 108.28
15536 FRANK AND GROSSMAN LANDSCAPE AUG '24 JANITORIAL SERVICES PW 8,796.05 15537 FREYER & LAURETA, INC HIGH LINE WATER PRJ DESIGN PW 7,282.34 15538 GALLAGHER BENEFIT SERVICES, INC CLASSIFICATION AND COMPENSATION STUDY HR 19,600.00 15539 GATEWAY PACIFIC CONTRACTORS, INC DARRELL WATER TANK PRJ RETENTION ESCROW PW 97,587.63 15540 GRAINGER TOOLS - HAND TRUCK & VARIOUS ITEMS PW 960.23 15541 GRAY'S PAINT & WALLPAPER SUPPLIES - PAINT/BRUSHES/TAPE PW 656.57 15542 HASSETT HARDWARE-SAN MATEO SUPPLIES - SPACKLE PW 7.28 15543 INTRADO LIFE & SAFETY SOLUTIONS CORP SOFTWARE - DISPATCH SUPPORT 8/20/24-11/19/24 PD 3,119.12 15544 LITTLER, MENDELSON, P.C. LEGAL SERVICES JUL’ 24 CM 4,365.50 15545 MAMME INC CATERING- CITY COUNCIL MEETING 8/12/24 CO 223.64 15546 MASTERPIECE GARDENERS, INC MAINT - AUG '24 HBF LANDSCAPE VARIOUS SITES 800.00 15547 METROPOLITAN PLANNING GROUP INC CONSULT - JULY '24 PLANNER SERVICE/DESIGN REVIEW 26,150.00 15548 MINUTEMAN PRESS-SAN MATEO PRINTING - LETTERHEAD/LABELS/BUSINESS CARDS PD 4,432.27 15549 NINYO & MOORE GEOTECHNICAL SEWER 21C & 23A PRJ MATERIAL TEST PW 855.50 15550 NORCAL RENTAL GROUP LLC EQUIP - DEHUMIDIFIERS PW 1,744.65 15551 NORGO ENGINEERING SKYFARM STORM DRAIN REPLACE PRJ PW 59,850.00 15552 AVIJIT BORTHAKUR & REFUND - BUILD DEPOSIT BP 6,933.50 15553 ROBERT SALAMA REFUND - BUILD DEPOSIT BP 7,808.50
15554 BRANDON GUYTON REIMB - TRAVEL EXP ESRI CONFERENCE 7/15-19/24 PW 1,443.29 15555 ELIAS CHAGHOURI REIMB - POLICE ACADEMY/UNIFORM/EQUIP PD 7,129.04 15556 JUAN MADRIGAL REIMB - CLASS A LICENSE FEE PW 98.00 15557 ACME BOILER & WATER HEATING INC. REPAIR - SINK BACK UP PD 525.00 15558 ALISA LEE-SHERICK REFUND - WATER ACCOUNT BALANCE FN 160.46 15559 DANIEL JONES REFUND - WATER ACCOUNT BALANCE FN 500.00 15560 DAVID YANG REFUND - WATER ACCOUNT BALANCE FN 500.00 15561 JILL SUTHERLAND REFUND - WATER ACCOUNT BALANCE FN 115.56 15562 JUSTIN GROSCH REFUND - WATER ACCOUNT BALANCE FN 241.18 15563 LEI JULIET WEI REFUND - WATER ACCOUNT BALANCE FN 375.34 15564 LIHUI BAI REFUND - WATER ACCOUNT BALANCE FN 287.33 15565 NAREG MISSERLIAN REFUND - WATER ACCOUNT BALANCE FN 52.70 15566 PARUL PATEL REFUND - WATER ACCOUNT BALANCE FN 210.98 15567 YIMING LI REFUND - WATER ACCOUNT BALANCE FN 230.37 15568 YUNFENG HU REFUND - WATER ACCOUNT BALANCE FN 253.94 15569 OWEN EQUIPMENT COMPANY SUPPLIES - REFLECTIVE HELMETS PW 183.91 15570 PENINSULA TRUCK REPAIR INC MAINT - FORD F-550 #324 PW 2,933.00 15571 PENINSULA UNIFORMS & EQUIPMENT, INC UNIFORMS - VARIOUS ITEMS PD 2,678.69 15572 PETERSON POWER SYSTEMS, INC. MAINT - BACKHOE #E-4 PW 1,869.77 15573 PLAN JPA JUL '24 DEDUCTIBLE CLAIMS VARIOUS ITEMS 2,266.00 15574 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 8/9-16/24 FN 6,053.89 15575 ROMEL 400 LLC RENT - RADIO BASE STATION RECEIVER PD 660.00 15576 SAN MATEO CO ENVIRONMENTAL SERVICE FEE - GENERATOR FUEL STORAGE PD 492.00 Docusign Envelope ID: 60B1BC3B-5BEF-427E-8AFA-A882DEE02D41 -19-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING AUGUST 2024
15577 SAN MATEO LOCK WORKS, INC. KEYS PW 24.12
15578 SAN MATEO LUMBER CO., INC MATERIALS - VARIOUS ITEMS PW 186.23 15579 SELWAY CONSTRUCTION REPAIR - ZEN DEN REMODEL PD 15,494.00 15580 STANDARD INSURANCE COMPANY JUL '24 GROUP LIFE/ADD/LTD ASSESSMENT 3,114.36 15581 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 1,067.90 15582 STATE WATER RESOURCES CONTROL BRD SRF LOAN PAYMENT 431,801.46 15583 TELECOMMUNICATIONS ENGINEERING AUG'24 COMMUNICATIONS CENTER/BASE PD 2,345.50 15584 THE SOURCING GROUP, LLC PRINT - BUSINESS LICENSE STICKERS FN 823.41 15585 THIRKETTLE CORPORATION PARTS - WATER METERS PW 1,039.07 15586 ULINE, INC. SUPPLIES - STEEL LOAD BARS/RAGS PW 342.42 15587 UNDERGROUND REPUBLIC WATER WORKS PARTS - COUPLINGS/VALVES PW 19,935.33 15588 VERIZON CONNECT NWF INC JUL '24 - GPS MONTHLY SERVICES PW 1,307.67 15589 VERIZON WIRELESS 7/7/24-8/6/24 MULTIPLE ACCOUNTS PD 1,752.60 15590 WILSEY HAM SEWER CIP 1D DESIGN PRJ PARROTT PW 2,879.00 15591 WRA, INC CONSULT - EIR ASSESS BP/SANDRA DRAIN REPLACE 17,914.08 15592 ALLIANT INSURANCE 2023-24 EMPLOYER PRACTICE LIABILITY INSURANCE EXT 4,107.00 TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $5,126,470.62 CALPERS RETIREMENT CONTRIBUTIONS 243,912.48
VISA PAYMENTS 39,710.36
RETIREE HEALTH REIMBURSEMENTS 86,316.25
OTHER ELECTRONIC PAYMENTS 0.00
TOTAL GOODS & SERVICES FOR THE MONTH $ 5,496,409.71
Docusign Envelope ID: 60B1BC3B-5BEF-427E-8AFA-A882DEE02D41 -20-

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

CITY COUNCIL MEETING
SEPTEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: REVIEW AND APPROVE THE TOWN’S RESPONSE TO THE SAN MATEO COUNTY GRAND JURY REPORT, “RESTAURANT EXTERIORS: THE NEGLECTED SPACE” PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The San Mateo Grand Jury released the attached report entitled “Restaurant Exteriors: The Neglected Space.” California Penal Code Section 933.05 requires any agency that is the subject of a Grand Jury Report to reply in writing and to consider such a reply at a public meeting.

The report contains findings and recommendations pertaining to San Mateo County jurisdictions, including the Town of Hillsborough, to which the Town must respond in writing no later than October 7, 2024. The Town’s response must be approved by the City Council at a public meeting.

As the Town has no public restaurants, the required responses to Findings 1, 2, 3, 4, 5, and 6 and Recommendation 4 reflect a standard response to this effect.

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

ATTACHMENTS:

1. Draft Response

2. San Mateo County Grand Jury Report, "Restaurant Exteriors: The Neglected Space" PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Approve the Town's response to the San Mateo County Grand Jury Report, "Restaurant Exteriors: The Neglected Space."
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TOWN OF HILLSBOROUGH
California
Town Hall
Phone: 650-375-7400 | Fax: 650-375-7475 | 1600 Floribunda Avenue, Hillsborough, CA 94010 | www.hillsborough.net September 10, 2024
Hon. Amarra A. Lee
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Re: Grand Jury Report: “Restaurant Exteriors: The Neglected Space” Honorable Judge Lee:

The Town of Hillsborough is in receipt of the report titled, “Restaurant Exteriors: The Neglected Space.” We would like to clarify that the Town of Hillsborough consists mainly of low density single-family residential development with no commercial or industrial land uses. The only non-residential uses within the Town are public facilities, parks and open space land, private and public schools, the Burlingame Country Club and the Hillsborough Racquet Club. Therefore, the Town has no public restaurants.

As we are required to respond to the report pursuant to California Penal Code Section 933, please find the Town’s responses to findings 1, 2, 3, 4, 5, and 6 and Recommendation 4 below.

I. Responses to Findings
F1: Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.

The Town does not agree or disagree with this finding as it has no knowledge regarding what regulatory agency is responsible for sanitary conditions of the exterior of restaurants primarily because the Town has no public restaurants in its jurisdiction.

F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

The Town does not agree or disagree with this finding as it has no knowledge regarding what regulatory agency is responsible for sanitary conditions of parklets primarily because the Town has no public restaurants or parklets in its jurisdiction.

F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.
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September 10, 2024
Page | 2
The Town does not agree or disagree with this finding as it has no knowledge regarding a local jurisdiction’s role in the sanitary conditions of exterior areas used for waste storage and disposal primarily because the Town has no public restaurants or parklets in its jurisdiction.

F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

The Town does not agree or disagree with this finding as it has no knowledge regarding restaurant exterior areas primarily because the Town has no public restaurants in its jurisdiction.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

The Town does not agree or disagree with this finding as it has no knowledge regarding restaurant trash areas primarily because the Town has no public restaurants in its jurisdiction.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

The Town does not agree or disagree with this finding as it has no knowledge regarding wastewater flow from the cleaning of trash areas primarily because the Town has no public restaurants or parklets in its jurisdiction.

II. Responses to Recommendations
R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.

The recommendation will not be implemented primarily because the Town has no public restaurants in its jurisdiction.

This response to the Grand Jury was approved by the Town of Hillsborough City Council at a public meeting on September 9, 2024.

Respectfully,
Christine Krolik
Mayor, Town of Hillsborough
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RESTAURANT EXTERIORS: THE NEGLECTED SPACE
ISSUE
The exterior trash areas of food service businesses are often unsightly and unsanitary. How can this issue be addressed?

SUMMARY
Restaurant garbage and food waste is not always contained in designated exterior bins, and may overflow, attracting animals and other undesirable pests. While restaurant interiors are subject to County of San Mateo Health System standards and inspections, restaurant building exteriors are subject to a variety of standards and inspection programs, because each local jurisdiction has its own regulations for sanitation and safety for exteriors. For restaurant exteriors, responsibility for enforcement of local code and for inspection schedules varies from city to city. Generally, inspections are done when complaints are received. The extent of the issues may vary based on the municipality or district, day of the week (garbage collection day), or whether the building backs are visible to the public.

Grand Jury members conducted interviews with County officials, city officials, and waste handlers and performed their own spot checks (admittedly not scientific). A written survey (Appendix B) was sent to all twenty cities and towns in the County.

The Grand Jury found a significant number of restaurant exterior waste storage areas and areas below parklets had clearly deficient, unsanitary, unsightly and odorous conditions. The investigation found that the “standards” for these areas, i.e., how these conditions were monitored, and how codes and policies were enforced, to be inconsistent at best and non-existent in some instances. A quantification of the waste storage area problem proved difficult as many sites and their condition were dependent on the day of the week and their garbage pick-up days.

This Grand Jury report includes recommendations for a more proactive approach to handling the garbage and parklet sanitation problems around restaurant exteriors in San Mateo County, and suggestions for preventive maintenance.
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BACKGROUND
People spent 20.7% more money at restaurants than on groceries in 2022. That figure rose to

29.5% in the first two months of 2023 according to Commerce Department data.1 This significant increase in use of restaurants and “micro” and “mobile” food services, not surprisingly, resulted in an increase in organic (food stuff) waste, paper, glass and general garbage.

Members of the Civil Grand Jury initiated this review of the health and safety conditions surrounding the immediate areas designated for waste removal after observing an increase in rodents around parklets. Initial walkthroughs behind restaurants determined that the problem related to waste management in general as well as to the parklets. Photos contained in Appendix A depict some of the disturbing findings.

REGULATORY FRAMEWORK
California Health & Safety Code, Chapter 7 known as the “Retail Food Code” regulates, at the State level, the protections required for public health and safety of a “Food Facility”.2 The Code

1 https://www.census.gov/retail/marts/www/marts_current.pdf 2 H&S Code 113789 (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. (b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following: (1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c). (4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370. -25-
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has extensive requirements for the handling of food, preparation and service of patrons. They can best be described as affecting the “inside” of the Food Facility.

The exterior or waste disposal areas are only mentioned in Article 4, Section 114245.4. “If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable and sloped to drain.”3 Refer to Appendix C for the California Health & Safety Code Article 4.

The enforcement of these State Regulations is assigned to “Enforcement Officers”4of an “Enforcement Agency”5 which is delegated to more local organizations at the county or other local level. Section 1143906gives the power to inspect facilities, take samples and prepare a written report of deficiencies.

HEALTH DEPARTMENT INSPECTIONS
The San Mateo County Health Department is primarily responsible for the inspection of restaurants and enforcement of the Health Codes related to them. The Inspection checklist (Appendix D) has 60 categories for inspection and only one (FO42) relates to waste disposal or garbage. In interviews, the Grand Jury found the Health Inspector does not generally inspect the areas behind the facility and does not inspect areas not immediately adjacent to the facility at all.

The County relies on the individual cities for enforcement of their nuisance laws in these areas.

As part of its Municipal Code, each City or jurisdiction maintains provisions for enforcement actions against properties (and operators) that maintain unhealthy, noxious, or dangerous conditions under their police powers to abate public nuisances. (See Bibliography)

LAND USE / USE PERMITS

It is beyond the scope of this investigation to analyze the municipal codes of each of the twenty jurisdictions in San Mateo County which have restaurant uses. Most cities require “use permits”

(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. (11) Fishermen’s markets.
3 Sections 114244 to 114245.3 inclusive speak only to the Food Facility which is defined as the interior of the facility.
4 113774. “Enforcement officer” means the director, agents, or environmental health specialists appointed by the Director of Health Services, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.
5 113773. “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.
6 114390 :
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104.&title=& part=7.&chapter=13.&article=2
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(conditional or otherwise) for restaurants in certain locations. As part of the building permit process, cities have the ability to require and specify the type, location, and frequency of waste disposal. More importantly, all have a general requirement that these areas be maintained at the owner/operator expense in a good and sanitary manner.

WASTE HAULERS / SANITATION COMPANIES
By far the biggest recipient of waste and disposal in the County is Recology San Mateo County serving the cities of Belmont, Burlingame, East Palo Alto, Foster City, Menlo Park, Redwood City, San Carlos, and San Mateo, the town of Hillsborough, County of San Mateo, North Fair Oaks, and West Bay Sanitary District. Recology of the Coast provides service to Pacifica.

GreenWaste provides service to the town of Atherton.

South San Francisco Scavenger Company (SSFSC) serves businesses and residents in South San Francisco, Millbrae, Brisbane and San Francisco International Airport. Half Moon Bay, Daly City and the unincorporated North County has an agreement with Republic Services, Inc. to provide recycling, compost and garbage collection services.

Each hauler negotiates independently on rates and pick-up policy. The Grand Jury reviewed the Franchise Agreement used by Recology. The agreement provides that the hauler shall replace or repair bins, dumpsters and other containers as needed or upon request.

DISCUSSION
SURVEY
The Grand Jury sent a survey to twenty jurisdictions (see Appendix B). Five jurisdictions relied solely on the County Health Department for enforcement of regulations related to restaurant waste facilities; two inspected and enforced only at the permit renewal stage; and nine assigned the duty to their code enforcement mechanism generally through Planning, Public Works or dedicated Code Enforcement personnel. Only three of the jurisdictions conducted inspections independent of a complaint. The majority, nine of fourteen, only inspected upon receipt of a complaint. (See Appendix B for the tabulated Survey results).

In summary, survey responses demonstrate that the Cities rely on the County Health Department for inspections of restaurant interiors and, in general, only respond to exterior conditions upon receipt of a complaint.

OBSERVATIONS
The condition at any one site is dependent on the frequency of trash removal. The site may be fine right after removal but, as the week goes on, the situation worsens. There does not appear to be any site-specific requirements (or at least any that are enforced) for residual cleaning such as power washing. Few sites inspected had any method of controlling wash down or steam cleaning waste from flowing into the storm sewers. The type of restaurant also impacts its output, e.g., some generate grease, oil and animal fat, which require special containers. -27-
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The current requirements for trash enclosures by local jurisdictions are applied only to new applications, resulting in many outdated, legacies facilities and, without regular inspection, there is no monitoring of maintenance or repair. These areas are high impact areas and the enclosures and bins, dumpsters and cans are subject to heavy use. The Grand Jury found many bins, dumpsters and cans to be in damaged and filthy condition.

Economic forces impact maintenance and overflow conditions. An operator of a restaurant pays for disposal service by volume (size and number of containers) and frequency (number of pickups in one week). Increases in business generate higher volumes so what was working in the past may not be sufficient for the current or future situation. It is logical that operators of food facilities would see added frequency of pickups or added containers as a negative and an expense. This is a financial impact question.

IMPACTS ON THE COMMUNITY
Normal sanitation issues apply; smell, unsightliness and vermin7. Vector Control does not inspect trash or similar areas unless specifically requested. The Grand Jury interviews revealed instances of the presence of rats, mice and raccoons in trash areas and parklets. Insect infestation is also of concern. All this presents a health hazard to the public, the workers at these restaurants, and the trash collectors.

ENFORCEMENT OF EXISTING REQUIREMENTS
The County Health Department inspections do not include the areas outside of the building. The enforcement of the nuisance provisions by local jurisdictions is reactive and only called into play upon a complaint. Oversight of the condition of receptacles (dumpsters, bins, cans) is minimal, at best, and often non-existent.

SPECIAL CASES
Mobile Food Facilities (Food Trucks): The Permit Checklist for food trucks does not mention waste disposal. Food Truck regulation is an evolving body of regulation and should be reviewed at a later date.
https://www.smchealth.org/sites/main/files/file-attachments/20170915_mff_selfinspectionche cklist.pdf?1536778880
Farmer’s Markets: Several markets were visited by Jurors. Only the Farmer’s Market in San Carlos was the subject of an interview. This particular market occurs on a Sunday. It is organized

7 H&S Code 113939. “Vermin” means cockroaches, mice, rats, and similar pests that carry disease.

H&S Code 13939.1. “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw marks, that could result in contamination to the food, equipment, packaging, or utensils.
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by a private company (a community-based organization, CBO) which recruits and manages the individual Farmers and Vendors. The company polices the area at the breakdown of the Market on Sunday afternoon. The city of San Carlos has a street sweeper go over the area on Monday morning. These actions appear to be sufficient as the area was observed to be clean and free from refuse.

Parklets: Like Food Trucks, parklet regulation is evolving and should be reviewed in more detail at a later date. There are currently no separate inspection line items for parklets in the County Health Department checklist. Parklets increased significantly as a result of the Covid-19 pandemic, which have proven efficient and desirable in many areas. At the outset, their construction was not heavily regulated and there were no specific building code requirements for inspection and cleaning under floors. As these facilities have become permanent, building permit requirements have increased. Problem areas identified in our investigation are:

1. Open floor segments can permit food and other waste falling under the floor of the parklet to the street;

2. Many have open side(s) permitting vermin to go under the parklet to feed on scraps;

3. Street drainage (from road crown and gutter flow) can exacerbate the problems of waste under the floor, including leaves and other refuse.

METHODOLOGY
The Jurors made several site visits over a period of eight months and took photographs. The Grand Jury conducted interviews with some officials of some cities and with several San Mateo County officials including the Health Department and Vector Control. A survey was sent to each city/town in San Mateo County.

FINDINGS
F1: Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.

F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems. -29-
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F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.

RECOMMENDATIONS
R1. By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters and enclosures, and note any needed repair, replacement or cleaning.

R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and underfloor areas.

R3. By June 30, 2025, the County should require operators/owners of restaurants to have a written diagram of their approved waste storage/retention area posted so the inspector can evaluate the condition of the facilities.

R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.

Note: The Grand Jury is not able to recommend changes to building codes or planning criteria to cities or the County. However, in our review we did find the City of Palo Alto has a publication with clear and comprehensive regulations/recommendations for these areas. “Comprehensive Guidelines for Commercial Trash Enclosures:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/paloalto-trash-enclosure-area-guidelines-march-2017.pdf”

REQUEST FOR RESPONSE
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:

From the San Mateo County Board of Supervisors, to all Findings and Recommendations.

From the councils for all 20 cities and towns in the County, to Findings 1, 2, 3, 4, 5, and 6 and Recommendation 4.

The governing bodies indicated above should be aware that the comment or response of each governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.
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RESPONSE REQUIREMENTS
California Penal Code Section 933.05 provides (emphasis added):
(a) For purposes of each subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the port of the finding that is disputed and shall include an explanation of the reasons, therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.

BIBLIOGRAPHY
California Health and Safety Code:
https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=+Heal th+and+Safety+Code+-+HSC
The following is a representative selection of Municipal Codes relevant to the investigation:
● Daly City:
https://library.municode.com/ca/daly_city/codes/code_of_ordinances?nodeId=TIT8HES A
● Belmont:
https://library.municode.com/ca/belmont/codes/code_of_ordinances?nodeId=CICO_CH1 1HESA
● Hillsborough:
https://library.municode.com/ca/hillsborough/codes/code_of_ordinances?nodeId=TIT8H ESA
● San Mateo (City): https://law.cityofsanmateo.org/us/ca/cities/san-mateo/code/7 ● East Palo Alto Code Enforcement: https://www.cityofepa.org/building/page/codeenforcement -31-
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● San Carlos:
https://www.codepublishing.com/CA/SanCarlos/#!/SanCarlos08/SanCarlos0827.html#8. 27 ● South San Francisco:
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8- chapter_8_16 and
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8 ● Burlingame: https://library.qcode.us/lib/burlingame_ca/pub/municipal_code/item/title_8 ● Pacifica Food Establishments:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE
● Pacifica Garbage:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE_ART1GACO
● Redwood City: RWC has multiple segments of their code that would apply to this topic.

The link to the Code in General is:
https://library.municode.com/ca/redwood_city/codes/city_code?nodeId=REDWOOD_C

ALIFORNIAMUCO
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APPENDIX A
Photographs of exteriors
Figure 1: San Mateo, September 2023
Figure 2: Millbrae, September 2023
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Figure 3: Millbrae, September 2023
Figure 4: Millbrae, September 2023
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Figure 5: Millbrae, September 2023
Figure 6: Millbrae, September 2023
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Figure 7: San Carlos, December 2023
Figure 8: San Carlos, November 2023
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Figure 9: San Carlos, December 2023
Figure 11: San Carlos, October 2023
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APPENDIX B
Survey

1. Please list your name, title or job description and the city/town you represent.

Surveys were sent to managers of the twenty cities and towns in San Mateo County.

Responses were as follows:

City/Town Response Received
Atherton No
Belmont Yes
Brisbane No
Burlingame Yes
Colma No
Daly City Yes
East Palo Alto Yes
Foster City Yes
Half Moon Bay No
Hillsborough Yes
Menlo Park Yes
Millbrae No
Pacifica Yes
Portola Valley No
Redwood City Yes
San Bruno Yes
San Carlos Yes
San Mateo No
South San Francisco Yes
Woodside Yes
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16 2023-2024 San Mateo County Civil Grand Jury

2. What sanitation standards are applied to the garbage/trash areas of restaurants, bars and food services?
Respondents cited the County ordinance code and various municipal codes and standards. One entity had no response and another responded their city/town has no restaurants.

3. What standards are applied to sanitation, trash and street cleaning related to the "parklets" or other outdoor areas used for food service? Most respondents cited state, county or municipal standards. One city noted they have specific regulations for parklets. Another city said they have no standards because parklets are the responsibility of restaurants.

4. What department(s) of the City enforce these standards? Enforcement of standards may be done by:
● County Health
● Building/Fire/Public Works
● Planning & Building, Dept of Water & Wastewater Resources ● Planning
● Public Works
● Police, Code Enforcement
● Engineering Division
● Community & Economic Development. Department

5. Are regular inspections made or is inquiry only made upon complaint? Most responded inspections are complaint-based. A few municipalities conduct regular, periodic inspections.

6. Upon inquiry by the City (either by inspection or complaint) what standards are applied to determination of a violation, or recommendation to an owner? Standards listed included:
● County Health
● Parklet Standards
● Municipal Codes
● California Building Code, California Fire Code, Americans with Disabilities Act (ADA)
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17 2023-2024 San Mateo County Civil Grand Jury

7. What agencies or organizations outside of the City are involved in maintaining standards, such as Recology, Republic Services or South San Francisco Scavenger? ● Recology
● Recology of the Coast
● Greenwaste Recovery
● Republic
● County Health
● No response, but noted there is a city contract with a power washing service and that information is made available to parklet owners
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18 2023-2024 San Mateo County Civil Grand Jury

APPENDIX C
California Health & Safety Code Article 4
Health and Safety Code - HSC, DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] , PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] , CHAPTER 7.

Water, Plumbing, and Waste [114189 - 114245.7]
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104. &title=&part=7.&chapter=7.&article=4
ARTICLE 4. REFUSE
114244.
(a) Each food facility shall be provided with any facilities and equipment necessary to store or dispose of all waste material.
(b) Waste receptacles shall be provided for use by consumers. (c) A receptacle shall be provided in each area of the food facility or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.
114245
(a) An area designated for refuse, recyclables, returnables, and a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.
(b) Receptacles and waste handling units for refuse, recyclables, and returnables shall not be located so as to create a public health hazard or nuisance or interfere with the cleaning of adjacent space.
114245.1
(a) All refuse, recyclables, and returnables shall be kept in nonabsorbent, durable, cleanable, leakproof, and rodent proof containers and shall be contained so as to minimize odor and insect development by covering with close-fitting lids or placement in a disposable bag that is impervious to moisture and then sealed. (b) Refuse containers inside a food facility need not be covered during periods of operation.
(c) All refuse shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent the creation of a nuisance. (d) Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.
(e) Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.
114245.2. Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be -41-
19 2023-2024 San Mateo County Civil Grand Jury
stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.
114245.3. If located within the food facility, a storage area for refuse, recyclables, and returnables shall meet the requirements for floors, walls, ceilings, and vermin exclusion as specified in this part.
114245.4. If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable, and sloped to drain. 114245.5. Receptacles and waste handling units for refuse and recyclables shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.
114245.6.
(a) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and wastewater shall be disposed of as specified under Section 114241.
(b) Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents. 114245.7.
(a) Except as specified in subdivision (b), suitable cleaning implements and supplies such as high-pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.
(b) If approved, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.
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APPENDIX D
San Mateo County Inspection Checklist
https://www.smchealth.org/sites/main/files/file-attachments/297097foodestab.pdf Environmental Health
Services Food Program
2000 Alameda
de las Pulgas
Suite #100
San Mateo,
CA 94403
(650) 372-6200 FAX
(650) 627-8244
smchealth.org/food

FOOD FACILITY CHECKLIST
The goal of food safety is to promote health and prevent food-borne disease through education, training and regulation. This checklist reflects areas that are evaluated during a routine inspection. Use this as a guide to improve your facility’s sanitation and compliance with the requirements from the California Retail Food Code.

FOOD RECEIVING YES NO N/A
Raw or frozen raw molluscan shellfish (e.g. clams, mussels, scallops, oysters) properly labeled and labels maintained on site for at least 90 days.

Temperature of live molluscan shellfish at or below 45ºF.

Food only from approved sources.

Potentially hazardous foods delivered at a temperature of 41°F Frozen foods delivered in frozen condition with no evidence of thawing or refreezing.

Food at improper temperature or in unacceptable condition rejected.

Foods, especially refrigerated and frozen foods, placed in proper storage locations promptly.

FOOD STORAGE YES NO N/A
Foods protected from contamination, dirt, vermin, insects, chemicals, etc.

Prepackaged and bulk foods properly labeled.

Food stored at least 6 inches above floor in approved locations within the facility.

Returned and damaged goods stored separate from other items.

Raw meat and fish inside refrigerators and freezers stored below and away from ready-to-eat foods (e.g. salads, produce, beverages).

Foods kept covered while in storage.

Food which becomes contaminated or adulterated is discarded. -43-
21 2023-2024 San Mateo County Civil Grand Jury

FOOD PREPARATION YES NO N/A
Frozen foods thawed by one of the following methods:
● Under cold running water
● In a refrigerator
● In a microwave
● As part of the cooking process
Hot potentially hazardous foods cooled as quickly as possible by one or more of the following methods prior to placement in a refrigerator or freezer:
● In an ice bath with stirring
● With a rapid cool stirring device
● In a blast chiller
● By adding ice
● In shallow heat conducting pans on ice
● Separating food into smaller or thinner portions

YES NO N/A
Food preparation sinks used only for preparation activities, and not hand washing, janitorial activities, or other uses.

Sulfites not added to potentially hazardous foods.

Potentially hazardous foods shall be thoroughly cooked to a minimum internal temperature of:
● 165°F for poultry, comminuted poultry, game birds, stuffed meats, stuffed pasta, and reheated foods.
● 157°F for ground beef, other comminuted meats, and foods containing comminuted meat. (Or 155°F for a minimum of 15 seconds)
● 155°F for pork.
● 145°F for eggs, food containing raw eggs, and other cooked potentially hazardous food.

FOOD SERVING YES NO N/A
Prepackaged foods properly labeled with common name, list of ingredients, net weight, name and address of manufacturer, etc.

Uneaten food returned from customer is discarded and not reused or reserved.

Self-serve buffets, salad bars, snack counters, bulk food dispensers, and selfserve units. Provide adequate protection for food and utensils from contamination by customers (e.g. sneezing, coughing, and handling).

Tongs, ladles, spoons, etc. used for food service rather than direct contact with hands.
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TEMPERATURE CONTROL/THERMOMETERS YES NO N/A
Potentially hazardous foods kept at or below 41°F, or at or above 135°F.

When cooling or heating potentially hazardous foods, the time spent in the DANGER ZONE (41 °F - 135°F) is kept to a minimum.

Easily readable thermometers (accurate to + 2°F) in the warmest part of each refrigeration and freezer unit.

Metal probe-type thermometer on premise if potentially hazardous food served.

Thermometers are sanitized before and after use, and periodically calibrated. (Employees should be able to demonstrate that they know how to calibrate a probe thermometer)

UTENSIL WASHING/STORAGE YES NO N/A
Utensils protected from contamination, dirt, vermin, insects, chemicals, etc.

Multi-service customer utensils (e.g. plates, glasses, silverware) sanitized by mechanical dish machine as per manufacturer specifications, or if manually washed, sanitized by one of the following methods:
● 100 ppm chlorine for 30 seconds
● 25 ppm iodine for 60 seconds
● 200 ppm quaternary ammonium for 60 seconds
● 180°F water for 30 seconds
Test strips or thermometer available for measuring the method of sanitizing utensils.

YES NO N/A
Three- compartment sink with dual integral drain boards available for utensil washing (except where 2 compartment exemptions is applicable).

Compartments are large enough to accommodate the largest utensil in use.

Utensils are clean and in good repair.

Kitchen and serving utensils are routinely cleaned and sanitized.

Utensils are commercial-grade and meet applicable National Sanitation Foundation (NSF) at CAL CODE standards.

All mechanical dishwashers are provided with dual integral drain boards.

Proper sanitizer and chemical levels, and temperature maintained at all times during operation of dish machines.

Single-service customer utensils used only once and disposed of in a sanitary manner.

Serving utensils (e.g. scoops, spoons, ladles, etc.) for potentially hazardous foods, while in use are kept at or below 41°F or above 135°F, or in a dipper well continually provided with clean water.

TOILET FACILITIES YES NO N/A
Employee toilet facilities provided.

Customer toilet facilities provided where required.
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Tight-fitting self-closing doors provided.

Food, utensils, equipment, supplies, etc., not stored in toilet facilities.

Toilet paper, single-use sanitary towels (or air dryer) and hand cleanser provided from approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Ventilation provided.

HANDWASHING FACILITIES YES NO N/A
Within or adjacent to restrooms and kitchens.

Provided with single service sanitary towels (or air dryers) and hand cleanser from and approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Kept readily accessible at all times
Facilities provided exclusively for hand washing in food prep areas that are sufficient
in number and conveniently located. (construction/remodels on or after January 1, 1996)

CHEMICALS/PESTICIDES YES NO N/A
Properly labeled.

Stored away from food and utensils. Stored in separate enclosure if stored in food preparation area.

Pesticides specifically approved for use within food facilities.

Chemicals, pesticides, hazardous materials properly used. MSDS data available for employees.

JANITORIAL FACILITIES YES NO N/A
Area provided for storage of cleaning supplies and equipment which is separate from food preparation, food storage, utensil cleaning, and utensil storage areas.

Janitorial sink or basin provided with hot and cold water.

Backflow prevention device provided for sink.

Cleaning equipment (e.g. mops, buckets, brooms, etc.) kept away from food and utensils.

LIGHTING YES NO N/A
Minimum intensity of 20 foot-candles (ftc) in food preparation and utensil cleaning areas.

Minimum intensity of 10ftc elsewhere but intensity of at least 20 ftc available during cleaning operations.

Shatter-proof light covers in food preparation, food storage (except where food is in unopened, original containers), and utensil cleaning areas. -46-
24 2023-2024 San Mateo County Civil Grand Jury

VERMIN/INSECTS YES NO N/A
Facility free of rodents and insects.

Harborage and entrances eliminated. Droppings and dead insects cleaned up.

Facility kept fully enclosed. Entrances protected by tight-fitting, self-closing doors or air curtains. Openable windows protected by screens.

Pest control performed by licensed pest control operator.

GARBAGE/REFUSE DISPOSAL YES NO N/A
Facilities provided for garbage disposal and storage.

Containers are leak proof and rodent proof with tight-fitting lids.

Garbage placed in securely fastened plastic bags before placement in dumpster.

Garbage removed frequently.

WATER SUPPLY YES NO N/A
Water supply from an approved source.

Hot and cold water provided in adequate amounts.

EMPLOYEE HABITS YES NO N/A
Employees wash hands before beginning work, between working with raw food and ready-to- eat foods, after coughing or sneezing, after touching soiled equipment or utensils, after using restrooms, and after engaging in any other activity that contaminates the hands.

Employees wear clean garments or uniforms.

Employees do not use tobacco products where food is prepared, served, or stored, or where utensils are cleaned or stored.

Employees do not work if ill.

Employees have been instructed in safe food handling practices.

Employees routinely check temperatures of potentially hazardous foods during storage, preparation and serving, and check utensil cleaning chemical levels, water temperatures, and water pressures.

EMPLOYEE CHANGE/STORAGE FACILITIES YES NO N/A
Area provided for employee changing which is separate from toilets, food storage, food preparation, utensil cleaning, and utensil storage areas.

PLUMBING YES NO N/A
All sewage and wastewater disposed of to an approved sewer or septic system.

Indirect waste drainage via a floor sink or funnel drain provided for all equipment that discharges wastes (e.g. prep sinks, utensil sinks, steam tables, salad bars, Chinese ranges, ice machines, ice storage bins, beverage machines, steamjacketed kettles, display cases, refrigeration/freezer units, etc.) Indirect waste receptacles readily accessible for cleaning and inspection, and not located inside cabinets.
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Floor drains absent from food storage areas.

Plumbing kept clean, fully operative, and in good repair.

Grease interceptors and septic tanks regularly cleaned out by licensed plumbers.

EQUIPMENT YES NO N/A
Equipment clean and in good repair.

Equipment easily cleanable and meets applicable NSF and the California Retail Food Code standards.

Unused equipment removed from premises.

Approved ventilation/exhaust equipment provided over cooking equipment and high temperature dish machines.

WALLS, FLOORS, CEILINGS YES NO N/A
Floors are smooth, durable, non-absorbent, and easily cleanable in areas where:
● food prepared, packaged, or stored;
● where utensils are cleaned or stored;
● where garbage is stored;
● where janitorial facilities are located;
● in toilet and hand washing facilities;
● in employee change and storage areas.

Floor material extends up the walls and toe kicks at least 4 inches with a minimum of 3/8 inch radius at the wall/floor and wall/toe-kick junctures in all areas mentioned above except where exempted (e.g. where foods are stored in their unopened original containers.

Walls and ceilings smooth must be durable, non-absorbent, and easily cleanable in all areas except where exempted (e.g. dining areas, closed food storage areas, and certain portions of bar areas).

Walls and ceiling finishes light colored in food preparation, utensil cleaning areas, and inside walk-in refrigeration units.

SIGNS YES NO N/A
Official Food Placard must be posted and clearly visible at the entrance of facility.

Valid health permit posted in a conspicuous location.

No Smoking signs posted in food preparation, food storage, utensil cleaning, and utensil storage areas.

YES NO N/A
Hand washing signs posted in toilet rooms.

If facility has sit-down dining, Choking First Aid poster placed where it is readily accessible to employees.
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ADDITIONAL INFORMATION YES NO N/A
Any construction, remodeling, alterations, and the installation of new equipment must be approved by the Health Department before commencing work.

Applicable building and fire codes are met.

Manager certification/ Food handler certifications are available on site.

Tobacco permit available if applicable
COMMENTS/OBSERVATIONS:

Release Date: July 9, 2024
2023-2024 San Mateo County Civil Grand Jury
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
4 CONSENT CALENDAR

CITY COUNCIL MEETING
SEPTEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RSUI GROUP, INC. FOR RENEWAL OF EMPLOYMENT PRACTICE LIABILITY INSURANCE IN THE AMOUNT OF $81,000.00 FOR A ONE-YEAR TERM PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The Town of Hillsborough currently has Employment Practice Liability Insurance (EPLI) as part of its risk management plan. While most of the other insurance needs are met through the Town’s insurance pool, PLAN JPA, issues related to employment practices are not included in that coverage. The Town has had a third-party provide stand-alone EPLI coverage since 2010. At that time, the cost for coverage for a single year was $28,000.00. The Town has had coverage with its current vendor, RSUI, since 2019. Since 2019, the annual premium has increased a total of 40% in five years, increasing from $36,050.00 to $50,430.00.

This year, the Town worked with its broker to solicit proposals from nine different companies, as well as evaluated the potential for self-insurance and the option of joining a second insurance pool, Employment Risk Management Authority (ERMA). The Town determined that neither selfinsurance nor ERMA would provide sufficient coverage that would be comparable to the current policy. Of the nine inquiries, the Town received two quotes, one for $81,000.00 and another for $61,000.00. However, the lower quote was from a vendor that is a non-admitted insurance company, meaning it is not regulated by the Department of Insurance.

In conducting its analysis, Town staff was informed by its insurance broker that the market for this type of product is becoming increasingly challenging, especially for municipalities. Very few firms provide stand-alone policies and even fewer service local government markets. Due to these reasons, the Town recommends that we proceed with a renewal contract with the current vendor, RSUI at the rate of $81,000.00 as it meets the Town’s requirements related to risk mitigation.

FISCAL IMPACT: Staff recommends that funding be allocated from the FY 2024-25 budget for a contract renewal.

ENVIRONMENTAL ISSUES: The City Council’s action in adopting the resolution is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guideline 15378(b)(2) as a continuing administrative activity which is specifically defined in CEQA to include the purchase of supplies.

ATTACHMENTS: Resolution
PREPARED BY: Mandy Brown, Assistant City Manager
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Agenda Staff Report - Hillsborough City Council
September 09, 2024

Page 2 ends

RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement with RSUI Group, Inc. for renewal of Employment Practice Liability Insurance in the amount of $81,000.00 for a one-year term pursuant to CEQA Guideline 15378. -52-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RSUI GROUP, INC. FOR RENEWAL OF EMPLOYMENT PRACTICE LIABILITY INSURANCE IN THE AMOUNT OF $81,000.00 FOR A ONEYEAR TERM PURSUANT TO CEQA GUIDELINE 15378 WHEREAS, the Town of Hillsborough (“Town”) employs 99 full-time equivalent persons; and
WHEREAS, the Town seeks to mitigate its risk associated with personnel matters and reduce the likelihood for litigation; and
WHEREAS, the Town has held Employment Practice Liability Insurance (EPLI) since 2010; and
WHEREAS, the Town seeks to renew its coverage; and
WHEREAS, the Town solicited proposals from nine companies; and WHEREAS, Town staff is recommending that this agreement be entered into in order to continue coverage for the Town.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an agreement with RSUI, Group Inc. for renewal of Employment Practice Liability Insurance in the amount of $81,000.00 for a one-year term pursuant to CEQA Guideline 15378.

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 9th day of September 2024, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-53-

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

CITY COUNCIL MEETING
SEPTEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH EPS INC., DBA EXPRESS PLUMBING FOR THE 2022 SANITARY SEWER REHABILITATION & REPLACEMENT PROJECT – PHASE 1C IN THE AMOUNT OF $2,940,252.33 PURSUANT TO CEQA GUIDELINE 15302
SUMMARY: This project included replacing and rehabilitating approximately 12,000 linear feet of damaged and/or deteriorated sanitary sewer main on or near near Tartan Trail Road, Glengarry Way, Lakeview Drive, Falkirk Drive, Rizal Drive, Braemar Drive, Lydia Court, and Bluebell Lane.

The sewer segments are located both within the public right-of-way and easement areas within the Town’s wastewater basin discharging to the City of San Mateo Treatment Plant. The project additionally included the rehabilitation of manhole structures and the replacement of lower service laterals and cleanouts.

Investigatory and evaluation work for this project was completed in 2021 by the Town’s staff and consulting engineers. The project was identified as part of a flow reduction program to the San Mateo Treatment Plant and was designed by EKI Environment & Water Inc. Completion of this project will prevent groundwater from entering the Town’s sewer system through cracks and broken segments of old clay pipes.

FISCAL IMPACT: The project was awarded to EPS INC., dba Express Plumbing on July 11, 2022, in the amount of $2,832,750.00, with a 10% contingency if needed, for a total project budget of $3,116,025.00. The project was successfully completed in the amount of $2,940,252.33, which is below the authorized project budget with contingency. Funding was allocated from the approved Capital Improvement Program budget, Priority Basins Inflow & Infiltration Program (#701).

ENVIRONMENTAL ISSUES: This action is categorically exempt from CEQA according to Section 15302 of the California Code of Regulations.

ATTACHMENTS: Resolution
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION: Adopt the resolution accepting as complete the contract with EPS INC., dba Express Plumbing for the 2022 Sanitary Sewer Rehabilitation and Replacement Project 1C, the final amount of which is $2,940,252.33 and authorizing staff to file a Notice of Completion for the Project and release withheld retention in accordance with state prompt payment laws. -55-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ACCEPTING AS COMPLETE THE CONTRACT WITH EPS INC., DBA EXPRESS PLUMBING. FOR THE 2022 SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT – PHASE 1C IN THE AMOUNT OF $2,940,252.33 PURSUANT TO CEQA GUIDELINE 15302
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s sanitary sewer system; and
WHEREAS, the capital improvement budget identified a program to evaluate segments of pipe and associated infrastructure at various locations in Hillsborough; and
WHEREAS, plans and specifications were developed for the 2022 Sanitary Sewer Rehabilitation And Replacement Project 1C (“Project”) to replace deficient and undersize lines in the Town’s sanitary sewer system at various locations in San Mateo (South) sewer shed; and
WHEREAS, the Project was publicly bid and advertised according to the Uniform Public Construction Cost Accounting Act and the Town received two sealed bids for the Project; and
WHEREAS, EPS INC., dba EXPRESS PLUMBING (“EPS”) was the lowest responsible bidder submitting a responsive bid in the amount of $2,832,750.00; and WHEREAS, staff reviewed the bids and determined that EPS was the lowest responsible bidder submitting a responsive bid in the amount of $2,832,750.00 with a 10% contingency for a total amount of $3,116,025.00; and
WHEREAS, the contract for the project was awarded to EPS on July 11, 2022; and WHEREAS, a Notice to Proceed was issued to EPS and the project progressed until completed in the amount of $2,940,252.33.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby accept as complete the contract EPS INC., dba Express Plumbing for the 2022 Sanitary Sewer Rehabilitation and Replacement Project – Phase 1C, the final amount of which is $2,940,252.33 authorizes staff to file a Notice of Completion for the project and directs staff to release withheld retention in accordance with state prompt payment laws.

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 9th day of September 2024, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-57-

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

CITY COUNCIL MEETING
SEPTEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH D’ARCY & HARTY CONSTRUCTION, INC. FOR THE 2023 SANITARY SEWER REHABILITATION & REPLACEMENT PROJECT 23A IN THE AMOUNT OF $2,358,207.06 PURSUANT TO CEQA GUIDELINE 15302
SUMMARY: This project included the replacement and rehabilitation of approximately 7,150 linear feet of damaged and/or deteriorated sanitary sewer main on or near Tartan Trail Road, Black Mountain Road, and La Salle Road. The sewer segments are located both within the public rightof-way and easement areas within the Town’s wastewater basin discharging to the City of San Mateo Treatment Plant. The project additionally included the rehabilitation of manhole structures and the replacement of lower service laterals and cleanouts.

FISCAL IMPACT: The project was awarded to D’Arcy & Harty, Inc. on September 11, 2023, in the amount of $2,046,860.00, with a 10% contingency if needed, for a total budget of $2,251,546.00.

During the project's construction phase, staff determined additional related sewer segments required replacement, and further funding was requested. On April 8, 2024, the City Council authorized additional funding in the amount of $107,618.00, for a total project budget of $2,359,164.00.The project, including the additional sewer segments, was completed on time and within the amended budget in the amount of $2,358,207.06. Funding was allocated from the approved Capital Improvement Program budget, Priority Basins Inflow & Infiltration Program (#701).

ENVIRONMENTAL ISSUES: This action is categorically exempt from CEQA according to Section 15302 of the California Code of Regulations.

ATTACHMENTS: Resolution
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION: Adopt the resolution accepting as complete the contract with D’Arcy & Harty, Inc. for the 2023 Sanitary Sewer Rehabilitation and Replacement Project 23A, the final -59-
Agenda Staff Report - Hillsborough City Council
September 09, 2024

Page 2 ends

amount of which is $2,358,207.06, and authorizing staff to file a Notice of Completion for the Project and release withheld retention in accordance with state prompt payment laws. -60-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ACCEPTING AS COMPLETE THE CONTRACT WITH D’ARCY & HARTY
CONSTRUCTION, INC. FOR THE 2023 SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT 23A IN THE AMOUNT OF $2,358,207.06 PURSUANT TO CEQA GUIDELINE 15302
WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s sanitary sewer system; and
WHEREAS, the capital improvement budget identified a program to evaluate segments of pipe and associated infrastructure at various locations in Hillsborough; and
WHEREAS, plans and specifications were developed for the 2023 Sanitary Sewer Rehabilitation And Replacement Project 23A (“Project”) to replace deficient and undersize lines in the Town’s sanitary sewer system at various locations in San Mateo (South) sewer shed; and
WHEREAS, the Project was publicly bid and advertised according to the Uniform Public Construction Cost Accounting Act and the Town received four sealed 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 reviewed the bids and determined that D’Arcy &Harty was the lowest responsible bidder submitting a responsive bid in the amount of $2,046,860.00 with a 10% contingency for a total amount of $2,251,546.00; and
WHEREAS, on September 11, 2023, the contract for the Project was awarded to D’Arcy & Harty and funding was allocated from Priority Basins Inflow & Infiltration Program (#701); and
WHEREAS, a Notice to Proceed was issued D’Arcy & Harty; and WHEREAS, during construction, it was discovered additional segments needed repair; and
WHEREAS, on April 8, 2024, after additional funding in the amount of $107,618.00 was approved for a total project budget of $2,359,164.00, staff issued a change order for this additional segment repair; and
WHEREAS, the project progressed until completed in the amount of $2,358,207.06. -61-
2 NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby accept as complete the contract with D’Arcy & Harty, Inc. for the 2023 Sanitary Sewer Rehabilitation and Replacement Project 23A, the final amount of which is $2,358,207.06, and authorizes staff to file a Notice of Completion for the project, and directs staff to release withheld retention in accordance with state prompt payment laws.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-62-

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

CITY COUNCIL MEETING
SEPTEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC WORKS WATER MINI EXCAVATOR AND TRAILER IN THE AMOUNT OF $117,646.89 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The Public Works Department is scheduled to replace one Mini Excavator and trailer for the Water Division in FY 2024-25 using funds allocated from the FY 2024-25 Public Works Vehicle Capital Replacement Fund.

The equipment scheduled to be replaced is a 2007 Caterpillar 303C Mini Excavator and trailer E-4 which is assigned to the Water division and was put into use in 2007. The equipment is beyond its planned service life.

The replacement 2024 Caterpillar 304 Mini Excavator and trailer is equipped with updated technology that will facilitate ease of operation for higher efficiency in repairing water service installation, water main repairs, installing water valves, and any trenching/excavating in roadways as well as easements where there is limited room for equipment.

The 2024 Caterpillar 304 Mini Excavator and trailer are supplied by Peterson CAT, and are part of the Sourcewell cooperative pricing agreement for which the Town participates in.

MANUFACTURER PRICE PER MINI EXCAVATOR AND TRAILER
PETERSON CAT $117,646.89
Peterson CAT included the 9.375% sales tax.

Staff recommends purchasing one 304 Mini Excavator and trailer from Peterson CAT for a total cost of $117,646.89.

FISCAL IMPACT: There are existing funds in the Public Works Vehicle Capital Replacement Fund for the replacement equipment.

ATTACHMENTS: Resolution
-63-
Agenda Staff Report - Hillsborough City Council
September 09, 2024

Page 2 ends

PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution approving the purchase one new 2024 Caterpillar 304 Mini Excavator and trailer from Peterson CAT in the amount of $117,646.89 from allocated funds from the Public Works Vehicle Capital Replacement Fund. -64-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC WORKS WATER MINI EXCAVATOR AND TRAILER IN THE AMOUNT OF $117,646.89 PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the City Council of the Town of Hillsborough (“Town”) approved Public Works vehicle capital replacement funding for FY 2024-25; and WHEREAS, pursuant to the Town’s Purchasing Policy, for a purchase of this amount, the Town is required to conduct a formal RFP unless an exception applies; and
WHEREAS, the Town is using the Sourcewell cooperative pricing agreement which the Town participates in and that is identified in the Town’s Purchasing Policy as an exception in lieu of a formal RFP; and
WHEREAS, utilizing the Sourcewell cooperative purchasing agreement is consistent with the Town’s Purchasing Policy, thereby ensuring the Town is obtaining the best pricing for equipment and vehicles; and
WHEREAS, the Public Works Department received a quote through the Town’s Sourcewell cooperative pricing agreement for one 2024 Caterpillar 304 Mini Excavator and trailer from Peterson CAT for a total cost of $117,646.89.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves the purchase of one 2024 Caterpillar 304 Mini Excavator and trailer from Peterson CAT for a total cost of $117,646.89, allocating funds from the Public Works Vehicle Capital Replacement Fund.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
-65-
2 ABSTAIN: Councilmembers
-66-

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

CITY COUNCIL MEETING
SEPTEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: ORDINANCE AMENDING CHAPTER 15.10 (ENERGY CODE) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE HILLSBOROUGH MUNICIPAL CODE BY AMENDING SECTION 15.10.030 AND REPEALING SECTION 15.10.050 (ENERGY REACH CODE) IN ITS ENTIRETY PURSUANT TO CEQA GUIDELINE 15378 - ADOPTION SUMMARY: On April 11, 2022, the City Council adopted Ordinance No. 783 adding a new Section

15.10.050 (Energy Reach Code) to Chapter 15 of Title 15 of the Hillsborough Municipal Code related to new low-rise residential construction to require, among other things that:
• space heating and water heating appliances only be electric, or in other words, that all gas piping for space heating and water heating be prohibited, and; • cooking and clothes drying appliances using natural gas or propane be required to be prewired for a future electric appliance installation.

Around the same time that the City Council adopted Ordinance No. 783, many other cities in California were also contemplating the adoption of Energy Reach Codes that required new building construction and/or remodels to only include electric wiring for appliances, or where gas or propane piping is installed, that the new or remodeled building also include prewiring for future electric appliances. Some cities even went so far as to prohibit all gas piping in new building construction. One city that opted to take this approach was the City of Berkeley.

The California Restaurant Association brought a suit challenging Berkeley's ban on gas piping in new buildings. The suit sought to invalidate Berkeley's gas ban and block its enforcement, arguing that the federal Energy Policy & Conservation Act (EPCA) preempted the local ban. In a precedent-setting decision, the Ninth Circuit ruled in favor of the Association, concluding that Berkeley's ban on gas piping concerned the energy use of appliances covered by the EPCA, thus rendering Berkeley’s gas ban unenforceable.

Subsequently, on January 2, 2024, the Ninth Circuit denied the City of Berkeley’s petition to rehear the case en banc, and, following this decision, the City did not exercise its right to appeal to the Supreme Court and the decision is now final and binding on all cities in the State of California.

Based on the Berkeley decision, the Town’s is now preempted from enforcing its gas piping prohibition for space heating and water heating purposes. As such, on June 10, 2024, the City Council by motion directed staff not to enforce the two provisions regarding water heating and space heating to comply with the Berkeley decision.
-67-
Agenda Staff Report - Hillsborough City Council
September 09, 2024

Page 2 ends

Staff brought forward this formal Municipal Code amendment to repeal the Town’s gas prohibition, and the Town’s Energy Reach Code as a whole, in order to ensure the Town is in compliance with the Berkeley case.

As the 2022 State Energy Code already imposes an "electric ready" requirement for all types of appliances in new residential construction, staff recommended that the City Council simply repeal the Town’s Energy Reach Code and staff will continue to enforce the 2022 State Energy Code. This will still require that all new residential construction install electric prewiring for all appliances even where gas or propane piping is provided, ensuring that all future homeowners have the option of using either gas or electric appliances in a new home. The Town previously adopted the 2022 State Energy Code via its 2022 Building Code update, under Ordinance No. 788 in January 2023.

At the City Council meeting on August 12, 2024, the City Council voted unanimously to introduce the ordinance with further reading waived.

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

ENVIRONMENTAL ISSUES: The City Council’s action to introduce and adopt this ordinance is not a project subject to the requirements of the California Environmental Quality Act, pursuant to 14 C.C.R. section 15378(b)(5), because it is an administrative governmental activity which will not cause a direct or indirect physical change in the environment.

ATTACHMENTS: Ordinance
PREPARED BY: Tim Anderson, Director of Building & Planning RECOMMENDATION: Adopt the ordinance entitled, "Ordinance of the City Council of the Town of Hillsborough Amending Chapter 15.10 (Energy Code) of Title 15 (Buildings and Construction) of the Hillsborough Municipal Code by amending Section 15.10.030 and repealing Section 15.10.050 (Energy Reach Code) in its entirety pursuant to CEQA Guideline 15378." -68-
ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING CHAPTER 15.10 (ENERGY CODE) OF TITLE 15 (BUILDINGS AND

CONSTRUCTION) OF THE HILLSBOROUGH MUNICIPAL CODE BY AMENDING SECTION 15.10.030 AND REPEALING SECTION 15.10.050 (ENERGY REACH CODE) IN ITS ENTIRETY PURSUANT TO CEQA GUIDELINE 15378
The City Council of The Town of Hillsborough hereby finds and ordains as follows:

WHEREAS, the Town of Hillsborough, California (“Town”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on April 11, 2022, the City Council adopted Ordinance No. 783 amending Title 15 (Buildings and Construction) of the Hillsborough Municipal Code, Chapter 15.10 (Energy Code), and amending by reference the 2019 California Energy Code; and WHEREAS, Ordinance No. 783 added a new Section 15.10.050 (Energy Reach Code) to Chapter 15 of Title 15 of the Hillsborough Municipal Code related to new low-rise residential construction to require, among other things, that space heating and water heating appliances be required to be electric and cooking and clothes drying appliances using natural gas or propane be required to be prewired for a future electric replacement appliance; and WHEREAS, in California Restaurant Association v. City of Berkeley, a panel of the U.S.

Court of Appeals for the Ninth Circuit held that an all-electric new construction ordinance adopted in the City of Berkeley was preempted by the federal Energy Policy and Conservation Act; and WHEREAS, on January 2, 2024, the Ninth Circuit denied the City of Berkeley’s petition to rehear the case en banc, and, following this decision, the City did not exercise its right to appeal to the Supreme Court; and
WHEREAS, given that this ruling is now final and binding on all jurisdictions within the Ninth Circuit, the Town could be vulnerable to a legal challenge were it to enforce certain provisions of Section 15.10.050, and it is therefore in the Town’s best interest to repeal this section.

NOW, THEREFORE, the City Council of the Town of Hillsborough does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Adoption of this Ordinance is not a project subject to the requirements of the California Environmental Quality Act, pursuant to 14 C.C.R. section 15378(b)(5), because it is an administrative governmental activity which will not cause a direct or indirect physical change in the environment.
-69-
2 Section 3. Chapter 15.10 (Energy Code) of Title 15 (Buildings and Construction) of the Hillsborough Municipal Code is hereby amended by repealing Section 15.10.050 (Energy Reach Code) in its entirety.

Section 4. Section 15.10.030 (Amendment of California Energy Code—Generally) of Chapter 15.10 (Energy Code) of Title 15 (Buildings and Construction) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.10.030 - Reserved.”
Section 5. This ordinance shall take effect 30 days following its adoption.

Section 6. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the Town of Hillsborough, California, and cause a summary to be published once within fifteen (15) days after its adoption in accordance with Government Code section 36933. __________________________________
Mayor of the Town of Hillsborough
______________________________
Attest: City Clerk
ORDINANCE NO. ___ of the Town of Hillsborough introduced on August 12, 2024, and adopted on _____________, by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-70-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
9 NEW BUSINESS

CITY COUNCIL MEETING
SEPTEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: DESIGNATION OF A VOTING DELEGATE AND ALTERNATE VOTING DELEGATE(S) TO THE 2024 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE OCTOBER 16-18, 2024 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: The League of California Cities (Cal Cities) Annual Conference will be held October 16-18, 2024 at the Long Beach Convention Center. An important part of the Annual Conference is the General Assembly on Friday, October 18, 2024 at 8:30 a.m. The General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate.

The appointed voting delegate plays an important role during the General Assembly by representing the Town and voting on resolutions. Resolutions approved by the General Assembly become Cal Cities policy.

In order to vote at the General Assembly, the City Council must designate by City Council action a delegate and up to two alternate voting delegates to attend the meeting and represent the Town. The designees must be registered attendees of the conference. In order to cast a vote, at least one voter must be present at the business meeting and in possession of the voting delegate card.

Following City Council action on this item, the City Clerk will submit the delegate information electronically via the Cal Cities Portal.

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

ATTACHMENTS:

1. Annual Conference Voting Guidelines

2. Cal Cities Resolutions and the General Assembly Flow Chart PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Designate a voting delegate and alternate(s) for the 2024 League of California Cities Annual Conference General Assembly on Friday, October 18, 2024. -71-
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

ATTACHMENT 1
-72-
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

ATTACHMENT 2
-73-

Hillsborough City CouncilSeptember 9, 2024

Hillsborough City Council
September 9, 2024