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iii. Maintenance, rehabilitation, routine operations of each Project or other facilities or programs except as specifically identified in the Scope of Work for each Project Supplement; and
iv. Development of proposals, applications or agreements for Measure A, Measure W, or other funding programs.
5.8. Reimbursement Basis. Unless otherwise specified in the Project Supplement, Sponsor may seek reimbursement for Scope of Work Costs incurred on or after the Execution Date. Scope of Work Costs must be incurred and paid by Sponsor prior to requesting reimbursement from the TA. Sufficient documentation must accompany all requests for reimbursement, including the submittal of all due monthly progress reports.
5.9. Accounting and Request for Reimbursement Procedures. Sponsor, in coordination with and to the satisfaction of the TA, will establish procedures for Scope of Work accounting and requests for reimbursement. These procedures will track and reflect the accumulation of the TA’s pro rata share of Scope of Work Costs. Sponsor will detail the TA’s pro rata share of Scope of Work costs for all work funded under this Agreement with each “Reimbursement Claim Form,” which is attached to this Agreement as Exhibit D and incorporated herein, or in other formats specified by the TA. Sponsor will maintain all necessary books and records in accordance with generally accepted accounting principles.
5.10. Invoices; Payments.
a) Sponsor must prepare and submit billing statements consistent with the Reimbursement Claim Form with all required supporting documentation.
Supporting documentation may include, but is not limited to, copies of vendor invoices, timesheets, backup documentation, checks, and payment advice, and must include an accounting of the TA’s share of costs for the Scope of Work as contemplated by this Agreement.
b) For any property acquisitions for which Sponsor seeks reimbursement from the TA, Sponsor must provide the following supporting documentation for each property:
i. Copies of the final real estate appraisal and any appraisal review conducted on behalf of Sponsor;
ii. For any right-of-way activities involving property on the Caltrans right-ofway, written confirmation that the acquisition process was conducted in accordance with the then-current version of the Caltrans Right-of-Way manual;
iii. A Phase One Environmental Assessment and any recommended additional testing (unless waived by the TA);
iv. Copy of the offer package provided to the property owner(s); -243-
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v. Copy of the Notice of Exemption or other required document for environmental clearance under CEQA/NEPA for the purchase of the property, and evidence of the date of filing such Notice; and vi. Written justification acceptable to the TA of any settlement at an amount higher than the offer.
c) For each voluntary real property transaction, Sponsor must also provide:
i. Copy of the fully executed purchase and sale agreement; ii. Copy of an executed and recorded deed, in a form consistent with the requirements set forth in the then-current Caltrans Right-of-Way manual; iii. Copy of the Policy of Title insurance; and
iv. Copy of the final closing statement from the escrow. d) For each real property acquisition undertaken through condemnation, Sponsor must also provide:
i. Copy of the recorded Final Order of Condemnation; and ii. Copy of the litigation guarantee issued by a title insurer. e) Sponsor must detail the tasks performed, associated costs, and pro rata share of Scope of Work Costs to be borne by the TA with each reimbursement request. f) The TA will endeavor to disburse reimbursements for approved Scope of Work Costs within thirty (30) days after the TA’s approval of each claim, subject to the limits on the TA’s maximum contribution as established in each Project Supplement. The TA’s obligation to reimburse Scope of Work Costs to Sponsor as provided in this Section is conditioned upon the TA’s prompt receipt of quarterly progress reports from Sponsor.
g) Invoices may be submitted, no more frequently than once a quarter, by e-mail to:
[email protected], [email protected], and the designated TA Project Manager at the email address specified in the Project Supplement.
Sponsor must submit a minimum of one reimbursement claim for each fiscal year (July through June) and no more frequently than quarterly. If Sponsor does not submit a reimbursement claim for two consecutive quarters (six months), then Sponsor will be deemed inactive. If the Sponsor does not submit a reimbursement claim within the next two quarters after being deemed inactive then project may be deprogrammed. Sponsor must submit a letter to the TA to seek administrative approval for an exemption.
5.11. Return of Project Cost Savings. Upon submission of the Final Report, if the total Scope of Work Costs are less than the amount specified in the Project Supplement, Sponsor will return to the TA that proportion of the Project cost savings that is equal to -244-
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the percentage of the original Scope of Work budget that consisted of Measure A/W Funds.
5.12. Indemnity by Sponsor.
Sponsor will indemnify, keep and save harmless the TA and its directors, officers, agents and employees against any and all suits, claims or actions related to the performance of this Agreement, each Scope of Work or each Project including, but not limited to, those arising out of any of the following:
a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of each Project or implementation of this Agreement; or
b) Any allegation that materials or services developed, provided or used for each Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.
Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred.
If any judgment is rendered, or settlement reached, against the TA or any of the individuals enumerated above in any such action, Sponsor will, at its expense, satisfy and discharge the same.
This indemnification will survive termination or expiration of the Agreement.
SECTION 6: Additional Terms Applicable to TA-Performed Capital Projects The following additional terms apply when the TA is performing the scope of work for capital projects as described in each Project Supplement (Scope of Work).
6.1. Funding Commitment. The TA will provide in lieu contributions, expenditures on consultants, and/or funds up to the amount specified in each Project Supplement for the Scope of Work tasks specified in the Project Supplement (Scope of Work Costs).
6.2. Cost Savings. Any cost savings of the funds allocated for each Project Supplement will revert to the applicable program for the TA to reallocate to any eligible project through its usual fund programming and allocation activities.
6.3. Insufficient Funding. In the event that additional funding is needed to complete the Scope of Work specified in a Project Supplement, the TA will identify the additional amounts needed and review those estimates with the Sponsor. The Parties will work together to identify potential sources of funding, as well as obtain the necessary funds to complete the Scope of Work for the Project Supplement. If additional funding is needed due to a change in the Project Supplement Scope of Work, as requested by the Sponsor, the TA will identify the additional amounts needed and review those estimates with the Sponsor. In such case, it is the responsibility of the Sponsor to identify the potential sources of funding, as well as obtain the necessary funds to complete the changed Project Supplement Scope of Work. The TA may consider requests for additional funding, but is under no obligation to grant such requests. -245-
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6.4. TA Responsibilities. For purposes of delivering the Scope of Work, the TA agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
a) The TA will perform and complete the Scope of Work, either through its own forces or the use of one or more third-party consultants or contractors. b) The TA will make available to the Project up to the amount(s) specified in the Project Supplement(s) for the Scope of Work.
c) For purposes of delivering the Scope of Work, the TA agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
i. Manage the Scope of Work, including developing and carrying out the Scope of Work on schedule and within budget;
ii. Provide technical oversight for performance of the Scope of Work; iii. Lead coordination with Caltrans and/or other permitting agencies as necessary for the Scope of Work;
iv. Obtain the necessary permits and approvals required for the Scope of Work;
v. Procure and administer the consultant/contractor services to complete the Scope of Work;
vi. Organize and facilitate regular meetings of a Project Development Team (PDT), the Sponsor and representatives from involved local and regional entities to provide input and guidance on the Scope of Work; vii. Keep Sponsor apprised of developments, such as award of contracts or potential changes that may affect the scope, schedule, or budget of the Project or Scope of Work; and
viii. Consult with Sponsor where necessary/appropriate. d) To the extent applicable, the TA will execute an agreement with Caltrans for oversight services associated with the Scope of Work.
e) The TA will prepare and provide to Sponsor status reports including anticipated and expended costs and Scope of Work delivery milestones and schedule forecasts.
f) The TA will review, process, and audit (at its discretion) invoices and other documentation of expenditures for work performed under each Project Supplement. The TA will also track the accumulation and expenditure of funds allocated for Scope of Work, and process other documentation of expenditures in compliance with TA accounting and budgeting requirements. -246-
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6.5. Sponsor Responsibilities. For purposes of delivering the Scope of Work, the Sponsor agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
a) The Sponsor will be responsible for championing the effort of obtaining political and public support for the Project.
b) The Sponsor will be the public face of the Project for purposes of leading outreach efforts to local stakeholders and community members, including coordination of public meetings and solicitation of public comment. c) The Sponsor will provide input and oversight based on local policies and desires regarding the outcome of and deliverables of the Project. d) The Sponsor will actively participate in the PDT meetings related to the Scope of Work.
e) The Sponsor may, at its discretion, review any professional services agreements, change orders and any other agreements that the TA has entered into for the performance of Scope of Work; however the TA retains ultimate authority over contracting and related decisions.
f) The Sponsor may, at its discretion, review the work products and deliverables produced by the TA and/or its contractors/consultants for the Scope of Work, including reports, designs, drawings, plans, specifications, schedules and other materials; however, the TA retains authority to accept or reject contractor/consultant work.
g) The Sponsor will approve or endorse, in writing, the final deliverables or work products produced by the TA and/or its contractors/consultants for the Scope of Work.
h) The Sponsor will review progress reports prepared and provided by the TA. i) The Sponsor may, at its discretion, review and audit invoices and other documentation of the expenditure of funds allocated for the Scope of Work, however the TA retains ultimate authority for expenditure of allocated funds on the Project.
6.6. Indemnification.
a) Each of the Parties will indemnify, hold harmless and defend the other Party and its directors/councilmembers, officers, employees and agents (collectively, "Indemnitees") against all liability, claims, suits, actions, costs or expenses related to performance of the Scope of Work or the Project, including but not limited to those arising from loss of or damage to property, and injuries to or death of any person (including but not limited to the property or employees of each Party) when arising out of or resulting from any act or omission by the indemnifying Party, its agents, employees, contractors or subcontractors in connection with any aspect of the Project, including Project design, construction and/or maintenance.
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b) Each of the Parties will also fully release, indemnify, hold harmless and defend the other Party and Indemnitees from and against any and all claims or suits that may be brought by any of the indemnifying Party's contractors or subcontractors performing work in connection with or related to the Project. c) The indemnifying Party's obligation to defend includes the payment of all reasonable attorneys' fees and all other costs and expenses of suit, and if any judgment is rendered, or settlement entered, against any Indemnitee, the indemnifying Party must, at its expense, satisfy and discharge the same.
Indemnitees may require the indemnifying Party to obtain counsel satisfactory to the Indemnitees.
d) This indemnification will survive termination or expiration of this Agreement.
SECTION 7: Additional Terms Applicable to Shuttle Operations The following additional terms apply to shuttle projects as described in each Project Supplement (Project).
7.1. Sponsor Oversight; Work Plan. Sponsor is responsible for implementation of the Project as described in each Project Supplement. Sponsor assumes responsibility for procuring and administering any professional service and/or other contracts entered into in connection with the Project.
Though Sponsor may appoint a designee or engage contractor(s) to perform work necessary for Project implementation, Sponsor will remain ultimately responsible to the TA for performance of all responsibilities set forth herein.
7.2. Required Approvals. Prior to commencement of each Project, Sponsor or its designee (e.g., a consultant) will obtain all required local, state and federal approvals and permits for Project work. In addition, Sponsor must comply with all federal, state and local laws and regulations applicable to the Project.
7.3. Contract Award and Scope Changes. Sponsor must comply with state and local agency requirements for the award and amendment of any contract(s) for the implementation of each Project. Sponsor must advise the TA in writing (electronic mail is acceptable) as soon as possible of any contracts awarded and any amendments thereto, such as for any changes in service. Notice of any contracts and amendments provided to the TA will not constitute approval by the TA nor obligate the TA to provide funds in excess of its maximum contribution stated in the Project Supplement.
7.4. Monthly & Annual Operations Reports. Within eight (8) calendar days after the end of each month a given Project Supplement is in effect, Sponsor or its agent must submit to the TA a monthly operations report (Operations Report) based on National Transit Database (NTD) reporting requirements, attached as Exhibit E, “National Transit Database Reporting Requirements.” The Operations Report must include such items as the average daily ridership of the Project, and the Project’s total boardings, total revenue miles, hours, vehicles in service, road calls, accidents and any other information pertinent to assess the performance of the service for purposes of local, state or federal reporting requirements for the month just ended. Any monthly service mileage and/or hours that were scheduled, but where service was not operated for any reason, must be -248-
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deducted from monthly reporting totals. An explanation for all lost service miles and/or hours must be included in the monthly report. Sponsor or its agent must review all required reporting for accuracy prior to submittal to the TA. The form of all reports must be determined by the TA. Within eight (8) calendar days of the end of the performance of the work under a Project Supplement, and/or any extension thereof, Sponsor or its agent must submit to the TA an annual report on the same statistics. All Operations Reports must be submitted via Excel spreadsheet or other format as approved by the TA to [email protected] or as specified in the Project Supplement.
7.5. Quarterly Progress Reports. Sponsor must prepare and submit to the TA quarterly progress reports by January 31, April 30, July 31 and October 31 of each year during the entire term of the Project. Reports must be presented in the form provided as Exhibit F, “Quarterly/Annual Shuttle Program Progress Report Form,” which is attached to this Agreement and incorporated herein by this reference, or in other formats specified by the TA. The reports must describe Project performance and expenditures during the previous quarter.
The reports must include actions expected to be taken and any projected changes in the service plan / schedule during the next quarter, and any other information requested by the TA. Additionally, each progress report must include information on any potential issues that may impact any of the performance measures set forth in Exhibit F as well as the ability of Sponsor to meet the conditions outlined in this Agreement.
7.6. Annual Report. By October 1 of each year, Sponsor must provide the TA with an annual report in the form provided as Exhibit F, or in other formats specified by the TA, summarizing the quarterly progress reports from the prior fiscal year.
The reports must include actions expected to be taken and any projected changes in the service plan /schedule for the next year (if the Project is continuing), and any other information requested by the TA. Additionally, each Annual report must include information on any potential issues that may impact any of the performance measures set forth in Exhibit F as well as the ability of Sponsor to meet the conditions outlined in this Agreement for the next year (if the Project is continuing). If the Annual Report is submitted after the second year of the Time of Performance, the Annual Report should include written confirmation that no further reimbursements associated with the Project are anticipated and that all reimbursement requests have been made or are being submitted with the Annual Report.
7.7. Funding Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement for reimbursement of expenditures related to the Project (Project Costs). The Sponsor will contribute, or provide for the contribution of matching as specified in each Project Supplement, as well as the entire amount in excess of TA's allocation needed to implement the Project. The TA’s funding commitment under this Agreement in no way establishes a right for the Sponsor to receive additional funding from the TA.
All funding obligations of the TA under this Agreement are subject to downward adjustment based on actual sales tax receipts for the fiscal years indicated, or if Sponsor receives funding for Project Costs from other sources which allow Sponsor to provide more than the matching funds specified in the Project Supplement over the term of the Agreement.
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The Sponsor will assess and confirm its ability to implement the Project within budget as part of the quarterly reporting requirements established in Section 7.5, above. The Sponsor must further notify the TA between reporting cycles if the Sponsor determines that the budget will not be sufficient to implement the Project. The TA retains authority to suspend its funding obligation as set forth in Section 2.4 of this Agreement upon such notice, and until the Sponsor develops a credible funding plan acceptable to the TA to fund and implement the Project.
7.8. Reimbursement Basis. Sponsor may seek reimbursement for Project Costs incurred on or after the Execution Date. Project Costs must be incurred and paid by the Sponsor prior to requesting reimbursement from the TA. Sufficient documentation must accompany all requests for reimbursement, including the submittal of all due operations and progress reports.
7.9. Accounting and Reimbursement Procedures. Sponsor, in coordination with and to the satisfaction of the TA, will establish procedures for Project accounting and requests for reimbursement. These procedures will track and reflect the accumulation of the TA’s pro rata share of costs for the Project. Sponsor will detail the TA’s pro rata share of Project Costs for all work funded under this Agreement with each “Reimbursement Claim Form” which is attached to this Agreement as Exhibit D and incorporated herein, or in other formats specified by the TA. Sponsor will maintain all necessary books and records in accordance with generally accepted accounting principles.
7.10. Invoices; Payments. Once per quarter following submission of the quarterly progress reports, Sponsor must prepare and submit billing statements consistent with the Reimbursement Claim Form with all required supporting documentation. Supporting documentation may include, but is not limited to, copies of associated vendor invoices, timesheets, backup documentation, checks and payment advice, and must include an accounting of the TA's share of costs for the Project as contemplated by this Agreement.
Claims and supporting documentation for reimbursement may be submitted by e-mail to:
[email protected] and [email protected]
The TA will endeavor to disburse reimbursements for approved Project Costs within thirty (30) days after the TA's approval of each claim, subject to the limits on the TA's maximum contribution as established in the Project Supplement. The TA's obligation to reimburse Project Costs to the Sponsor as provided in this section is conditioned upon the TA’s prompt receipt of reports from Sponsor pursuant to Sections 7.4–7.6, above.
7.11. Indemnity by Sponsor. The Sponsor will indemnify, keep and save harmless the TA (and, if the Project includes shuttle(s) with the Caltrain logo on the vehicle(s) or on any shuttle public information materials, the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City and County of San Francisco, TransitAmerica Services, Inc. or any successor Operator of the Service, and the Union Pacific Railroad Company and each of its/their directors, officers, agents and employees against any and all suits, claims or actions related to the performance of this Agreement including, but not limited to, those arising out of any of the following:
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a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of this Agreement; or
b) Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.
The Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred. If any judgment is rendered, or settlement reached, against the TA or any of the other agencies or individuals enumerated above in any such action, the Sponsor will, at its expense, satisfy and discharge the same.
This indemnification will survive termination or expiration of the Agreement.
SECTION 8: Additional Terms Applicable to All Other Project Supplements for Operations The following additional terms apply to operational projects as described in each Project Supplement (Project).
8.1. Sponsor Oversight; Work Plan. Sponsor is responsible for the completion of the Scope of Work as described in each Project Supplement. Sponsor is responsible for procuring and administering any professional service and/or other contracts entered into in connection with the Scope of Work. Sponsor will oversee completion of the Scope of Work. Sponsor may appoint a designee or engage contractor(s) to perform work necessary for Scope of Work completion, but Sponsor remains responsible to the TA for the completion of the Scope of Work.
8.2. Required Approvals. Prior to commencement of the Scope of Work, Sponsor or its designee (e.g., a consultant) will obtain all applicable local, state and federal approvals and permits for the Scope of Work. In addition, Sponsor must comply with all applicable federal, state and local laws and regulations applicable to the Project.
8.3. Contract Award and Change Orders. Sponsor must comply with state and local agency requirements for the award of any contract(s) for the performance of the Scope of Work and any amendments. As the Scope of Work proceeds, Sponsor must advise the TA of any contracts awarded and amendments as part of the regular progress reporting requirements pursuant to Section 8.4 below. Notice of any contracts and amendments provided to the TA will not constitute approval by the TA of the contracts and amendments nor obligate the TA to provide funds in excess of its maximum contribution stated in the Project Supplement.
8.4. Progress Reports. For each of the projects in the Scope of Work, Sponsor will prepare and submit to the TA quarterly progress reports as the program proceeds and covering all Scope of Work activities for work completed during the previous month using the template in Exhibit B, or in other formats specified by the TA. The reports must describe:
a) The current status of, and any changes in, scope, schedule, budget, and funding plans of the Scope of Work and the Project;
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b) Any risk factors;
c) The work performed during the previous quarter and projected for the next three months;
d) Scope of Work Costs (as defined in Section 8.8, below) projected to be expended during the next three months; and
e) Any other information requested by the TA.
8.5. Closeout. Within ninety (90) days of Sponsor’s final acceptance of the Scope of Work and all incidental work, Sponsor must notify the TA with a final closeout letter detailing the following and all other relevant information: Total costs for the Scope of Work, including an accounting of all Measures A/W expended in connection with the Scope of Work, and reflecting any unexpended Measure A/W Funds.
8.6. Funding Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement related to the Scope of Work (Scope of Work Costs). Funds cannot be transferred between projects without separate approval from the TA. The TA Executive Officer, or designee, can approve funds transfers administratively with a letter.
The TA’s funding commitment under this Agreement in no way establishes a right for Sponsor to receive additional funding from the TA.
8.7. Use of Funds.
a) Measures A/W Funds must be used only for direct eligible costs to complete the Scope of Work. The Sponsor is responsible for demonstrating to the TA that the expenses incurred were necessary to deliver the Scope of Work. b) The following costs are not eligible for reimbursement:
i. Sponsor’s costs which are unrelated to the Scope of Work; ii. Costs for entering into this Agreement;
iii. Maintenance, rehabilitation, routine operations of the Project or other facilities or programs; and
iv. Development of proposals, applications or agreements for Measure A, Measure W, or other funding programs.
8.8. Indemnity by Sponsor.
Sponsor will indemnify, keep and save harmless the TA and its directors, officers, agents and employees against any and all suits, claims or actions related to the performance of the Scope of Work or the Project including, but not limited to, those arising out of any of the following:
a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of this Agreement; or
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b) Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.
Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred.
If any judgment is rendered, or settlement reached, against the TA or any of the individuals enumerated above in any such action, Sponsor will, at its expense, satisfy and discharge the same. This indemnification will survive termination or expiration of the Agreement.
SECTION 9: Miscellaneous
9.1. Access to Records and Record Retention. At all reasonable times, Sponsor will permit the TA access to all reports, designs, drawings, plans, specifications, schedules and other materials prepared, or in the process of being prepared, for each Scope of Work by Sponsor or any contractor or consultant of Sponsor. Sponsor will also make available to the TA upon request any professional service agreements, change orders and any other agreements that are related to each Scope of Work. Sponsor will provide copies of any documents described in this Section to the TA upon request. Sponsor will retain all records pertaining to each Scope of Work for at least three years after completion of each Project.
9.2. Audits. The TA, or its authorized agents, may, at any reasonable time during business hours, conduct an audit of Sponsor’s performance under this Agreement.
Sponsor will permit the TA, or its authorized agents, to examine, inspect, make excerpts from, transcribe or photocopy books, documents, papers and other records of Sponsor which the TA reasonably determines to be relevant to this Agreement.
Sponsor will transmit to the TA the Independent Auditor’s Report prepared for Sponsor’s Annual Comprehensive Financial Report within thirty (30) days of receipt by Sponsor and highlight the section that pertains to the Measures A/W Funds.
9.3. No Waiver. No waiver of any default or breach of any covenant of this Agreement by either Party will be implied from any omission by either Party to take action on account of such default if such default persists or is repeated. Express waivers are limited in scope and duration to their express provisions. Consent to one action does not imply consent to any future action.
9.4. Assignment. Parties are prohibited from assigning, transferring or otherwise substituting their interests or obligations under this Agreement without the written consent of all other Parties.
9.5. Governing Law. This Agreement is governed by the laws of the State of California as applied to contracts that are made and performed entirely in California.
9.6. Compliance with Laws. In performance of this Agreement, the Parties must comply with all applicable Federal, State and local laws, regulations and ordinances.
9.7. Accessibility of Services to Persons with Disabilities. The Project implementation must comply with, and not subject the TA or Sponsor to liability under, the Americans -253-
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with Disabilities Act, the California Disabled Persons Act, or any other state or federal laws protecting the rights of persons with disabilities.
9.8. Modifications. This Agreement may only be modified in a writing executed by both Parties.
9.9. Attorneys’ Fees. In the event legal proceedings are instituted to enforce any provision of this Agreement, the prevailing Party in said proceedings is entitled to its costs, including reasonable attorneys’ fees.
9.10. Relationship of the Parties. It is understood that this is an Agreement by and between Independent Contractors and does not create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship other than that of Independent Contractor.
9.11. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, studies, memoranda, and other documents assembled for or prepared by or for, in the process of being assembled or prepared by or for, or furnished to Sponsor under this Agreement, are the joint property of the TA and Sponsor, and will not be destroyed without the prior written consent of the TA. The TA is entitled to copies and access to these materials during the progress of the Project and upon completion or termination of the Project or this Agreement. Sponsor may retain a copy of all material produced under this Agreement for its use in its general activities. This Section does not preclude additional shared ownership of work with other entities under contract with Sponsor for funding of the Project.
9.12. Non-discrimination. Sponsor and any contractors performing services on behalf of Sponsor will not discriminate or permit discrimination against any person or group of persons on the basis of race, color, religion, national origin or ancestry, age, sex, sexual orientation, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status, or in any manner prohibited by federal, state or local laws.
9.13. Attribution to the TA. Sponsor must include attribution that indicates work was funded with “Measure A Funds” or “Measure W Funds” or “Measures A/W Funds from the TA." This provision applies to any project, or publication, that was funded in part or in whole by “Measure A Funds” or “Measure W Funds” or “Measures A/W Funds." Acceptable forms of attribution include TA branding on Project-related documents, construction signs, public information materials, and any other applicable documents.
Sponsor must comply with the TA's External Attribution Guide which may be updated from time to time and will be available on the TA's website.
9.14. Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon is authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.
9.15. Severability. If any portion of this Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining portions of this Agreement, or the application thereof, will remain in full force and effect. -254-
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9.16. Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.
9.17. Counterparts. This Agreement may be executed in counterparts.
9.18. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to its subject matter and supersedes any prior or contemporaneous written or oral agreement between the Parties on the same subject.
IN WITNESS WHEREOF, the Parties have hereunder subscribed their names as of the last date written below (Execution Date).
[SPONSOR]
By:
Name:
Its:
Date:
Approved as to Form:
Legal Counsel for the [SPONSOR]
Date:
SAN MATEO COUNTY TRANSPORTATION
AUTHORITY
By:
Name: April Chan
Its: Executive Director
Date:
Approved as to Form:
Legal Counsel for the TA
Date:
Exhibit A: Form of Project Supplements
Exhibit B: Progress Reporting Template
Exhibit C: Permissible Costs for Reimbursement
Exhibit D: Reimbursement Claim Form
Exhibit E: National Transit Database Reporting Requirements Exhibit F: Quarterly/Annual Shuttle Program Progress Report Form -255-
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Exhibit A: Form of Project Supplements
SECTION A: Primary Agreement
The San Mateo County Transportation Authority (TA) and [Project Sponsor] (Sponsor) entered into a Primary Grant Agreement on ________, 20__ (Primary Agreement).
This Project Supplement is entered into on ________, 20__ pursuant to the Primary Grant Agreement and is subject to the terms set forth therein.
SECTION B: Project Background
Measure(s):
☐ Original Measure A
☐ New Measure A
☐ Measure W
Program Category:
Measure A Measure W
☐ Transit
☐ Highways
☐ Local Streets/Transportation
☐ Grade Separations
☐ Pedestrian and Bicycle
☐ Alternative Congestion Relief Programs
☐ Countywide Highway Congestion
Improvements
☐ Local Safety, Pothole & Congestion Relief
Improvements – Local Investment Share
☐ Local Safety, Pothole & Congestion Relief
Improvements – Grade Separation
☐ Bicycle and Pedestrian Improvements
☐ Regional Transit Connections
Program Subcategory (if applicable):
Project: [Add project name]
Scope of Work: [Specify phase(s)]
Scope of Work Costs: [Specify amount programmed and allocated for each phase] TA Technical Assistance (if applicable):
Date Funding Programmed:
Date Funding Allocated:
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Applicable Resolutions (attached):
Additional Terms: The following Agreement Section(s) apply to this Project Supplement:
☐ Section 5 (Additional Terms Applicable to Sponsor-Performed Projects) ☐ Section 6 (Additional Terms Applicable to TA-Performed Projects) ☐ Section 7 (Additional Terms Applicable to Shuttle Operations) ☐ Section 8 (Additional Terms Applicable to All Other Project Supplements for Operations)
SECTION C: Invoices; Payments [ALTERNATIVE CLAUSE TO AGREEMENT SECTION
5.10(a) – DELETE IF NOT APPLICABLE]
Section 5.10(a) of the Agreement does not apply to this Project Supplement. Instead, the TA will make one upfront lump sum payment of $_______ to the Sponsor to complete the Scope of Work.
SECTION D: Matching Funds
Sponsor will contribute, or provide for the contribution of, the entire amount in excess of $________ needed to complete the Scope of Work [and must provide at least __% pro rata share of the Scope of Work Costs.]
OR
Sponsor agrees to contribute the matching funds to the TA in one upfront lump sum payment of $________ (Matching Funds) following Sponsor's approval of an invoice from TA describing the expenses to which the Matching Funds will be applied, subject to the following terms and conditions:
TA agrees that the Matching Funds are to be expended solely for the Project and agrees to: (i) prioritize application of the Matching Funds to expenses under the Scope of Work with the objective of utilizing all of the Matching Funds not later than _________; (ii) promptly return to Sponsor any and all unspent Matching Funds upon termination of the Project Supplement, or, absent termination, that have not been expended for the Project by _________.
SECTION E: Description of Scope of Work
Sponsoring Agency:
Lead/Implementing Agency:
Contact:
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Project Description and Scope of Work:
Project Schedule:
Begin End
Project Budget/ Source of Funding:
Include funding plan for the project defined above, including use of TA Technical Assistance if applicable
* The other fund sources are provided for informational purposes.
Operating Responsibility:
Maintenance Responsibility:
Project Implementation Responsibility:
Project Oversight Responsibility:
SECTION F: Third Party Roles
1. Third Party Roles. The [THIRD PARTY] is responsible for [LIST ALL RELEVANT RESPONSIBILITIES] for the Project.
2. Caltrans Roles. Caltrans as owner operator of the facility proposed for modification is responsible for reviewing and approving the [RELEVANT DOCUMENTS] for the Project.
3. Other Agreements. A Cooperative Agreement must be executed between Caltrans and the TA that lists the terms and conditions, roles and responsibilities and fee payment associated with Caltrans’ review and approval of the [RELEVANT DOCUMENTS].
SECTION G: Time of Performance
1. Time of Performance. The Scope of Work must be completed no later than the end of __ quarter, Fiscal Year 20__-20__ (the TA's fiscal year runs July 1 through June 30).
2. Timely Use of Funds. Sponsor must expend Measures A/W funds expeditiously. If Sponsor fails to invoice the TA for two consecutive quarters, the TA will require a meeting with Sponsor’s executive and Project staff to review project progress. A Project Supplement found to be non-compliant with this requirement may be terminated for default by the TA. -258-
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SECTION H: Notice
Notices. All notices required or permitted to be given under this Agreement, be in writing and delivered by email to the addresses specified below. Notices will be deemed given when the email was sent. A recipient’s failure to acknowledge receipt of the emailed notice will not affect the effectiveness of notice if (a) the sender can show that the notice was properly addressed and sent by email, and (b) the sender did not receive any email system notification that the email could not be delivered.
To TA: San Mateo County Transportation Authority
1250 San Carlos Avenue
P.O. Box 3006
San Carlos, CA 94070-1306
Attn: TA Secretary and Executive Director
Emails:
To [Sponsor]: [Sponsor]
ADDRESS LINE ONE
ADDRESS LINE TWO
Attn: Project Sponsor Contact
TITLE
Email:
In 2025, the TA plans to relocate its administrative building to 166 N. Rollins Road in Millbrae, California and when that occurs, the TA’s address will be at that location.
SECTION I: Insurance [The TA and Sponsor will determine what types and levels of insurance are required for each Project Supplement]
The following types of insurance are required for this Project Supplement. See Section 6 of the Primary Agreement for additional requirements.
Insurance Type Required Coverage Amount
Workers’
Compensation and
Employer’s Liability
Insurance
Yes Statutory limits for Workers’ Compensation and
at least $1 million for Employers Liability.
Commercial General
Liability Insurance
Yes [$1/5/10 million]
• For all projects: $1M for Project Planning,
Project Initiation, Project Approval &
Environmental Design and Right of Way
Phases and for operations.
• For capital projects with budgets of up to
$10M (e.g., road widening): $1M for Design
and Construction Phases.
• For capital projects with budgets between
$10M and $40M (e.g., freeway
interchange): $5M for Design and
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Construction Phases.
• For capital projects with budgets of $40M
or more: $10M limits for Design and
Construction Phases.
Business Automobile
Liability Insurance
Yes [$1/5/10 million]
• For all projects: $1M for Project Planning,
Project Initiation, Project Approval &
Environmental Design and Right of Way
Phases.
• For capital projects with budgets of up to
$10M (e.g., road widening): $1M for Design
and Construction Phases.
• For capital projects with budgets between
$10M and $40M (e.g., freeway
interchange): $5M for Design and
Construction Phases.
• For capital projects with budgets of $40M
or more: $10M limits for Design and
Construction Phases.
• For operations projects: $10M
Property Insurance Yes
Professional Liability
Insurance
[Yes/No] [$1/2/5 million]
For most projects with professional liability
exposure, such as consulting: At least $1
million
For capital projects with some design: At
least $2 million.
For capital projects with significant design:
At least $5M.
Cyber Liability
Insurance
[Yes/No] If contract deals with Personally Identifiable Information (PII): At least $1 million and part of
the Professional Liability Insurance program.
Crime Insurance [Yes/No] If Entity’s employees have access to funds, securities and other property: At least
$250,000 for Employee Dishonesty Insurance
and $250,000 for Third-Party/Client Property.
If Entity has access to significant funds,
securities or other property: Limits should
reflect cumulative exposure.
Contractors’ Pollution
Liability Insurance
and/or Environmental
[Yes/No] At least $1 million
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Liability Insurance
Railroad Protective
Liability Insurance
[Yes/No] At least $2 million per occurrence and $6 million annual aggregate
IN WITNESS WHEREOF, the Parties have hereunder subscribed their names as of the last date written below.
[SPONSOR]
By:
Name:
Its:
Date:
Approved as to Form:
Legal Counsel for the [SPONSOR]
Date:
SAN MATEO COUNTY TRANSPORTATION
AUTHORITY
By:
Name: April Chan
Its: Executive Director
Date:
Approved as to Form:
Legal Counsel for the TA
Date:
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Exhibit B: Progress Reporting Template
REPORTING PERIOD: FROM mm/dd/yyyy TO mm/dd/yyyy
SMCTA Project # 00XXX – [Project Title/Phases]
[Carryover to additional pages as necessary]
Contact: [Name, Title, Phone, email, address]
1) Scope:
[Describe Scope of Work here, specify Project limits, phases of Project. Identify the [Original Measure A and/or New Measure A and/or Measure W] funded components]
Status Summary: [Provide Status]
Issues: [List any issues, i.e. potential scope changes] ____________________________________________________________________________ 2) Schedule: Original Baseline Current Baseline Current Forecast Major Milestones: Start Finish Start Finish Start Finish [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY Progress This Reporting Period:
[Describe progress and activities]
[Original Measure A and/or New Measure A and/or Measure W] Funds Expended This Reporting Period: $ Future Activities, Next Reporting Period:
[Describe planned future activities]
Projected [Original Measure A and/or New Measure A and/or Measure W] Funds Expenditure Next Reporting Period: $ Issues: [List any issues, such as impacts to schedule]
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_______________________________________________________________________ 3) Scope of Work Total Budget:
____________________________________________________________________________ 4) Scope of Work [Original Measure A and/or New Measure A and/or Measure W] Budget:
Phase/Activity
A B C D E F
Original allocation
(per Project
Supplement)
Current
allocation (Per
Amendments)
Change in
allocation from
Project
Supplement (B-A)
Total
Measure
[A/W]
Expended to
date
% of
current
allocation
expended
(D/B)
% of Work
Completed
#DIV/0!
#DIV/0!
#DIV/0!
Total Scope of
Work $0 $0 $0 $0 #DIV/0!
Issues: [List any issues, i.e. potential cost increases] ____________________________________________________________________________ 5) Funding: [List additional sources as needed, Fill out the following matrix for each phase for the Scope of Work. i.e. environmental, design, etc.]
Issues: [List any issues such as changes in non-Measure [A/W] funding] Submit Progress Reports To: [email protected] or
SMCTA
Planning & Development
1250 San Carlos Avenue
San Carlos, CA 940701
1 In 2025, the TA plans to relocate its administrative building to 166 N. Rollins Road in Millbrae, California and when that occurs, the TA’s address will be at that location.
A B C D E F
Phase/Activity
Original Budget
(per Funding
Agreement)
Updated Cost
Estimate
Total Change
from Approved
(B-A)
Total Expended
to Date
% of Revised
Budget
Expended
(D/B)
% of Work
Completed
- 0.00% 0.00%
- 0.00% 0.00%
- 0.00% 0.00%
Total Project - - - #DIV/0! -
Original Original % Current Current %
Estimated at
Completion EAC %
SMCTA #DIV/0! #DIV/0! #DIV/0!
Others:
Federal (specify) #DIV/0! #DIV/0! #DIV/0!
State (specify) #DIV/0!
Other (specify)
Total #DIV/0! - #DIV/0! - #DIV/0! -
Contribution Contribution Contribution
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Exhibit C: Eligible Costs for Reimbursement
Program / Promotions – activities pertaining to marketing/promotional programs detailed in the Scope of Work.
Planning – activities necessary to implement planning studies covered under the Scope of Work.
Project Initiation Documents (PID) – activities necessary to complete PIDs covered under the Scope of Work.
Environmental Studies – environmental studies costs, including determination of the appropriate environmental document, preparation of all preliminary engineering for each alternative, including geomantic layouts, determination of right-of-way needs, environmental technical studies (such as air, noise, energy, cultural resources and hazardous waste), and all other studies or activities necessary to prepare and finalize the appropriate documents for Project and environmental approval.
Design – design activities such as preparation of design studies; materials and foundation reports; drainage, hydrology and hydraulic reports; surveying and mapping; preparation of the plans, specifications and estimate; preparation of bid documents and Project files; preparation of permit applications and maintenance agreements; coordination of agency reviews and any other activities necessary to prepare final plans specifications and estimate (PS&E) for bid advertisement and award; and management oversight of these tasks except as limited in the Agreement.
Right-of-Way Acquisition – all activities related to right-of-way including determination of rightof-way needs; title searches; preparation of appraisal maps, legal descriptions and plat maps; parcel appraisals and appraisal reviews; hazardous materials testing and analysis; preparation of right-of-way acquisition documents; activities involved with acquiring rights-of-way including negotiation with property owners and cost associated with condemnation proceedings (including legal costs, expert witness costs, etc., but not including costs related to claims for inverse condemnation), right-of-way capital costs and cost-to-cure impacts related to the acquisition. To the extent allowed by law, Sponsor will undertake all best efforts so that cleanup of existing hazardous materials will remain the liability of the property owner.
Services provided for right-of-way activities involved with property not necessary for the Measure A or Measure W Highway Program-funded Project as defined in the Scope of Work, and the associated costs for all such property, will be at the sole expense of the Sponsor.
Any property not used for construction of the Project, or used for any purpose other than construction of the Project as defined in the Scope of Work, should be identified and the funding agencies should be informed. Any excess right-of-way will be identified as early as possible in the Project design process and sold. The proceeds from the sale of such property must be returned to the funding agencies, prorated based on the percentage of funds each agency contributed to the purchase of the property.
Construction – construction expenditures for the Project (construction capital, management and inspection, surveys, public outreach, and related activities) that are part of the Scope of Work agreed to by the TA. Sponsor must submit all change orders over $50,000 to the TA for -265-
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review and written approval before the TA will reimburse the Sponsor with Measure A Funds or Measure W Funds.
In addition, Measures A and W Funds are eligible for reimbursement of Sponsor’s Project management oversight expenses associated with the construction of the Project. This would include activities such as construction management inspection, expenses associated with reviewing proposed change orders, and activities involved with submitting final costs to the appropriate agencies to secure other leveraged funds. Expenditure of Measure A and Measure W Funds remains subject to the limits set forth in the Agreement.
The Sponsor may include additional work beyond the Scope of Work for the Project at its own expense. The TA will require these costs to be segregated from the other item work expenses and paid for with non-Measure A or Measure W Highway Program funds.
Miscellaneous – fees from other agencies, including permit fees or reimbursement for review or oversight costs needed for the Project are eligible costs. However, the cost of permits or fees from the Project Sponsor will not be eligible. Utility relocation costs are eligible for reimbursement according to previous agreements establishing rights for those utilities. The costs for specialized equipment for testing, analysis or production of documents for Projectrelated work are also eligible. -266-
20016287.14
Exhibit D: Reimbursement Claim Form
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Exhibit E: National Transit Database Reporting Requirements The NTD was established by Congress to be the Nation’s primary source for information and statistics on the transit systems of the United States. Recipients or beneficiaries of grants from the Federal Transit Administration (FTA) under the Urbanized Area Formula Program (§5307) or Other than Urbanized Area (Rural) Formula Program (§5311) are required by statute to submit data to the NTD. Over 660 transit providers in urbanized areas currently report to the NTD through the Internet-based reporting system. Each year, NTD performance data is used to apportion over $5 billion of FTA funds to transit agencies in urbanized areas (UZAs). Annual NTD reports are submitted to Congress summarizing transit service and safety data.
Below is a partial list of reported elements that may change at any time. For additional information, please go to the National Transit Database website at:
https://www.transit.dot.gov/ntd.
a) Deadhead (Miles/Hours): The miles and hours that a vehicle travels when out of revenue service.
i) Deadhead includes:
1) Leaving or returning to the garage or yard facility; 2) Changing routes;
3) When there is no expectation of carrying revenue
passengers;
ii) However, deadhead does not include:
1) Charter service;
2) School bus service;
3) Operator training;
4) Maintenance training;
b) Fuel Consumed: The quantity of fuel consumed for the service (by fuel type);
c) Mechanical System Failure - Major: A failure of some mechanical element of the revenue vehicle that prevents the vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip because actual movement is limited or because of safety concerns; d) Mechanical System Failure - Other: A failure of some other mechanical element of the revenue vehicle that, because of local agency policy, prevents the revenue vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip even though the vehicle is physically able to continue in revenue service. Any mechanical problem that delayed service more than five minutes, even if no Road Call was required;
e) Passenger Miles Traveled (PMT): The cumulative sum of the distances ridden by each passenger;
f) Reportable Incident: A safety or security incident occurring on transit property or otherwise affecting revenue service that results in one or more of the following conditions:
i) A fatality confirmed within 30 days of the incident; ii) An injury requiring immediate medical attention away from the scene for one or more persons;
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iii) Property damage equal to or exceeding $25,000;
iv) An evacuation for life safety reasons; or
v) A mainline derailment.
g) Revenue Service (Miles, Hours, and Trips): The time when a vehicle is available to the general public and there is an expectation of carrying passengers. Vehicles operated in fare free service are considered in revenue service.
i) Revenue service includes:
1) Layover / recovery time.
ii) Revenue service excludes:
1) Deadhead
2) Vehicle maintenance testing
3) School bus service, and
4) Charter service.
h) Total Service (Miles or Hours): The time or miles from when a transit vehicle starts (pull-out) from a garage to go into revenue service to the time or miles it returns to the garage (pull-in) after completing its revenue service.
i) Since total service covers the time or miles between:
1) Pullout; and
2) Pull-in;
ii) It therefore includes both:
1) Deadhead; and
2) Revenue service;
i) Unlinked Passenger Trips (UPT): The number of passengers who board public transportation vehicles. Passengers are counted each time they board vehicles no matter how many vehicles they use to travel from their origin to their destination.
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Exhibit F: Quarterly/Annual Shuttle Program Progress Report Form -270-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
13 CONSENT CALENDAR
CITY COUNCIL MEETING
JANUARY 13, 2025
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH NORGO ENGINEERING FOR THE 80 DEL MONTE STORM DRAIN EXTENSION PROJECT IN THE AMOUNT OF $106,160.00 AND ALLOCATING ADDITIONAL FUNDS FROM THE STORMWATER MASTER PLAN IMPROVEMENT PROGRAM (#801) IN THE AMOUNT OF $8,060.00 PURSUANT TO CEQA GUIDELINE 15302
SUMMARY: An existing 12” storm drain pipe daylighted and outfalled into the curb and gutter along the frontage of 80 Del Monte Drive. There was a constant flow of groundwater through the pipe, a high velocity of the discharging stormwater runoff during small rain events, and insufficient capacity in the curb and gutter. This caused stormwater to inundate the gutter and street surface and overtop onto adjacent private properties. The Engineering division assessed the conditions and determined the pipe should be extended to the nearest downhill catch basin to prevent localized flooding and private property damage. This project completed the installation of 190 linear feet of new 12” HDPE pipe and two new catch basins.
This project was advertised in accordance with the Uniform Public Construction Cost Accounting Act and the Town received seven bids. Staff reviewed the bids and determined NORGO Engineering was the lowest responsible bidder submitting a responsive bid in the amount of $98,100.00 that was also able to meet the Town’s insurance requirements. The bid amount was within the City Manager’s authorization limit for public projects per the Town’s purchasing policies and procedures. On September 30, 2024, the City Manager authorized the execution of the contract with NORGO Engineering.
During construction, crews encountered unanticipated conditions, including shallow sections of pipe that required a new concrete cap and minor adjustments to the pipe layout. Due to the abbreviated construction schedule along with the likely delay and equipment remobilization costs that would have been incurred if direction was deferred and not provided in a timely fashion, engineering staff directed the contractor to make the necessary repairs.
FISCAL IMPACT: The cost for the extra work was $8,060.00, resulting in a total and final project cost of $106,160.00. The total project cost now exceeds the City Manager’s authorization limit and requires City Council authorization per the Town’s purchasing policies and procedures. It is recommended that funds in the amount of $8,060.00, in addition to the $98,100.00 previously authorized by the City Manager, be allocated from the approved budget for the Storm Water Master Plan Improvement Program (#801). Sufficient funding remains in the budget for this project. -271-
Agenda Staff Report - Hillsborough City Council
January 13, 2025
ENVIRONMENTAL ISSUES: This project is categorically exempt from the California Environmental Quality Act (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 NORGO Engineering for the 80 Del Monte Storm Drain Extension Project, the final amount of which is $106,160.00, authorizing staff to file a Notice of Completion for the project and release withheld retention in accordance with state prompt payment laws, and allocating additional funds from the Storm Water Master Plan Improvement Program (#801) in the amount of $8,060.00. -272-
RESOLUTION NO. 25-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
ACCEPTING AS COMPLETE THE CONTRACT WITH NORGO ENGINEERING FOR THE 80 DEL MONTE STORM DRAIN EXTENSION PROJECT IN THE AMOUNT OF $106,160.00 AND ALLOCATING ADDITIONAL FUNDS FROM THE STORMWATER MASTER PLAN IMPROVEMENT PROGRAM (#801) IN THE AMOUNT OF $8,060.00 PURSUANT TO CEQA GUIDELINE 15302
WHEREAS, Town of Hillsborough (“Town”) maintains the Town’s storm distribution system; and
WHEREAS, plans and specifications were developed for the 80 Del Monte Storm Drain Extension (“Project”) to install new pipeline and catch basins to improve stormwater conveyance and reduce localized private property flooding; and
WHEREAS, the Project was publicly bid and advertised according to the Uniform Public Construction Cost Accounting Act and the Town received seven bids for the Project; and
\WHEREAS, staff reviewed the bids and determined NORGO Engineering was the lowest responsible bidder submitting a responsive bid in the amount of $98,100.00 and the project was awarded to NORGO Engineering on September 30, 2024; and
WHEREAS, a notice to proceed was issued; and
WHEREAS, unforeseen conditions were encountered during construction and additional repairs were required to complete the project; and WHEREAS, additional funding in the amount of $8,060.00 was allocated from Storm Water Master Plan Improvement Program (#801); and
WHEREAS, the project progressed until completed in the amount of $106,160.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby accept as complete the contract with NORGO Engineering for the 80 Del Monte Storm Drain Extension Project, the final amount of which is $106,160.00, authorize staff to file a Notice of Completion for the project and release withheld retention in accordance with state prompt payment laws, and allocate additional funds from the Storm Water Master Plan Improvement Program (#801) in the amount of $8,060.00.
Mayor of the Town of Hillsborough
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2 Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 13th day of January 2025, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
14 CONSENT CALENDAR
CITY COUNCIL MEETING
JANUARY 13, 2025
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH MIG FOR PREPARATION OF AN INITIAL STUDY AND
APPROPRIATE ENVIRONMENTAL DOCUMENT FUNDED BY THE APPLICANT TO ANALYZE A PROPOSED TENTATIVE MAP AT “STRAWBERRY HILL” 2260 REDINGTON ROAD IN AN AMOUNT NOT TO EXCEED $226,000.00, PURSUANT TO CEQA GUIDELINE 15306 SUMMARY: Staff is requesting that the City Council consider and approve the resolution authorizing the City Manager to execute a contract with MIG for preparation of an Initial Study to evaluate the potential environmental impacts of a proposed Tentative Map. The findings of the Initial Study will be used to guide the Town’s decision on which CEQA document is most appropriate; either a Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) is required.
Execution of this contract grants no approvals of the proposed tentative map, but authorizes conducting the environmental analysis, which is necessary to comply with the California Environmental Quality Act (CEQA).
Additionally, execution of the contract is of no cost to the Town, as all costs associated with preparation of the Initial Study and appropriate CEQA document would be funded entirely by the applicant. Staff time spent on the review of the proposed project is also paid for by the applicant, via a deposit account that is managed by Town staff.
Background: The Town of Hillsborough ("Town") has received an application from the Regan Family Trust for a proposed Tentative Map for the subdivision of the 48-acre “Strawberry Hill” estate at 2260 Redington Road to create 32 new residential lots and one remainder lot of more than 14.7 acres to support the existing 1912 historic estate, access road, and surrounding landscaping, and one common area utility parcel.
The project site is in the hilly northwestern part of Hillsborough. Access to the existing estate is via Redington Road. The property is surrounded by existing residential homes on Skyfarm Drive, Macadamia Drive, and Forest View Avenue. The site currently contains the 1912 estate home, formal gardens, out buildings, a looping private drive, and heavily forested steep slopes.
This contract for the preparation of an Initial Study (IS) is necessary to comply with the California Environmental Quality Act (CEQA) by evaluating the potential environmental impacts of the proposed Tentative Map before determining whether a Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) is required.
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Agenda Staff Report - Hillsborough City Council
January 13, 2025
The Initial Study will evaluate the project-specific impacts of the proposed Tentative Map. The Initial Study will be used to guide the Town’s decision on which CEQA document is most appropriate to prepare for the proposed project. The Town will seek to use the analysis and findings contained in the 6th Cycle Housing Element Program EIR to the greatest extent possible and as directed by CEQA Guidelines Sections 15152 Tiering, 15168 Program EIRs and 15183 Projects Consistent with a Community Plan or Zoning.
RFP and Proposals: On November 7, 2024, staff distributed a Request for Proposals (RFP) for preparation of an Initial Study and guide the Town’s decision on which CEQA document is most appropriate to prepare for the proposed project, likely either a Mitigated Negative Declaration (IS/MND) or focused Environmental Impact Report (EIR), for the proposed Tentative Map.
Staff received proposals from three environmental consulting firms. While each firm demonstrated high skill levels in the environmental review process, staff is recommending that the City Council authorize the City Manager to execute a contract with MIG due to their strong project management skills, environmental impact analysis experience, expertise in the public review process, and their existing familiarity with the site from preparing the Housing Element Program EIR.
MIG provided a proposal that outlines the preparation of an Initial Study and two potential timelines and project costs depending on which CEQA document is most appropriate to prepare for the proposed project; either a Mitigated Negative Declaration (IS/MND) or focused Environmental Impact Report (EIR).
The total proposed cost for an IS/MND would be $194,024.00 and the total proposed cost for an EIR would be $225,022.00. Because this contract requires City Council approval, staff is recommending approval of the highest potential contract amount of not to exceed $226,000.00, to allow the project to move forward in a timely manner once the Initial Study is complete.
FISCAL IMPACT: Execution of the proposed contract would not result in a budget increase and is of no cost to the Town. Costs associated with preparation of the Initial Study and appropriate CEQA document would be funded entirely by the applicant, via a deposit account that is managed by Town staff.
ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15306 as the action will authorize MIG to gather information as part of an Initial Study leading to an action which the Town has not yet approved but will consider for approval once the appropriate environmental document has been prepared for consideration.
ATTACHMENTS:
1. Resolution
2. Professional Services Agreement and Exhibits
PREPARED BY: Liz Ruess, Assistant Director of Building and Planning RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a contract with MIG for preparation of an Initial Study and appropriate environmental -276-
Agenda Staff Report - Hillsborough City Council
January 13, 2025
document funded by the applicant to analyze a proposed Tentative Map at “Strawberry Hill” 2260 Redington Road in an amount not to exceed $226,000.00.
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RESOLUTION NO. 25-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH MIG FOR PREPARATION OF AN INITIAL STUDY AND
APPROPRIATE ENVIRONMENTAL DOCUMENT FUNDED BY THE APPLICANT TO ANALYZE A PROPOSED TENTATIVE MAP AT “STRAWBERRY HILL” 2260 REDINGTON ROAD IN AN AMOUNT NOT TO EXCEED $226,000.00, PURSUANT TO CEQA GUIDELINE 15306
WHEREAS, on November 7, 2024, staff distributed a Request for Proposals (RFP) for preparation of an Initial Study to guide the Town’s decision on which CEQA document is most appropriate to prepare for the proposed project, likely either a Mitigated Negative Declaration (IS/MND) or focused Environmental Impact Report (EIR), for the proposed Tentative Map; and WHEREAS, in response to the RFP, three proposals were received; and WHEREAS, preparation of an Initial Study (IS) is necessary to comply with the California Environmental Quality Act (CEQA) by evaluating the potential environmental impacts of the proposed Tentative Map; and WHEREAS, while each firm demonstrated high skill levels in the environmental review process, staff is recommending that the City Council authorize the City Manager to execute a contract with MIG due to their strong project management skills, environmental impact analysis experience, expertise in the public review process, and their existing familiarity with the site from preparing the Housing Element Program EIR; and
WHEREAS, the proposed additional expenditures for professional environmental consulting services would not result in a budget increase to the Town of Hillsborough as the costs would continue to be funded by the applicant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a contract with MIG for preparation of an initial study and appropriate environmental document funded by the applicant to analyze a proposed tentative map at “Strawberry Hill” 2260 Redington Road in an amount not to exceed $226,000.00, pursuant to CEQA guideline 15306.
Mayor of the Town of Hillsborough
Attest: City Clerk
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ATTACHMENT 1
2 This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 13th day of January 2025, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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61236.01300\40844037.1
1 TOWN OF HILLSBOROUGH
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 2025 by and between the Town of Hillsborough, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, CA 94010 (“Town”), and MIG, Inc. a Corporation with its principal place of business at 2055 Junction Avenue, San Jose, CA 95131 (hereinafter referred to as “Consultant”). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. Town is a public agency of the State of California and is in need of professional services for the following project:
Preparation of an initial study and appropriate environmental document to analyze a proposed tentative map at “Strawberry Hill” 2260 Redington Road. (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for Town to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the Town with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the Town shall pay for such services in accordance with the Estimated Cost set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $226,000. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the Town, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the Town by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall -280-
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2 be prepared by the Town and executed by both Parties before performance of such services, or the Town will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by Town.
5. Time of Performance.
The term of this Agreement commences upon full execution hereof and terminates on January 15, 2026, unless otherwise extended or terminated pursuant to the provisions hereof.
Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the Town to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the Town to proceed (“Notice to Proceed”).
Consultant shall complete the project milestones in accordance with the Conceptual Schedule attached hereto as Exhibit “C.” The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities”, includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should such a Force Majeure Event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement.
7. Compliance with Law.
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3 a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the Town, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care.
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant.
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. Any subconsultants Consultant intends to utilize in the performance of this Agreement shall be listed in Exhibit “B.” Consultant shall provide written notice and shall obtain the written consent of the Town prior to using or substituting a non-listed subconsultant in the performance of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
10. Independent Contractor.
Consultant is retained as an independent contractor and is not an employee of Town. No employee or agent of Consultant shall become an employee of Town. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from Town as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
11. Insurance. Consultant shall not commence work for the Town until it has provided evidence satisfactory to the Town it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
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4 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the Town. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give Town, its officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the Town, and provided that such deductibles shall not apply to the Town as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the Town.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give Town, its officials, officers, employees, agents and Town designated volunteers additional insured status. -283-
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5 (iv) Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the Town and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
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6 (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the Town at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the Town at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the Town or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the Town, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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7 (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the Town, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(iii) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the Town that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Town may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
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8 a. To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing), indemnify and hold the Town, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and -287-
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9 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Town Material Requirements.
“Reserved”
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Mateo, State of California. 17 Termination or Abandonment.
a. Town has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, Town shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. Town shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by Town and Consultant of the portion of such task completed but not paid prior to said termination. Town shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
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10 b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to Town only in the event of substantial failure by Town to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents.
Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the Town.
19. Organization.
Consultant shall assign Mike Campbell, AICP, Director of Environmental Analysis and Barbara Beard, Senior Project Manager, as the Project Managers. The Project Manager(s) shall not be removed from the Project or reassigned without the prior written consent of the Town.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice.
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
TOWN:
Town of Hillsborough
1600 Floribunda Ave. Hillsborough, CA 94010
Attn: Liz Ruess, Building & Planning Dept.
CONSULTANT:
MIG, Inc. Attn: Mike Campbell
2055 Junction Avenue
San Jose, CA 95131
and shall be effective upon receipt thereof.
22. Third Party Rights.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Town and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
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11 24. Entire Agreement.
This Agreement, with its exhibits, represents the entire understanding of Town and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
26. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of Town. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver.
The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
28. Time of Essence.
Time is of the essence for each and every provision of this Agreement.
29. Town’s Right to Employ Other Consultants.
Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests.
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, -290-
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12 commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
30. Value Statement.
By executing this Agreement, Consultant represents and warrants that it will comply with the values statement set forth in Exhibit “D” to the same extent as a member of the Town of Hillsborough City Council or of a Hillsborough board or committee. [SIGNATURES ON FOLLOWING PAGE]
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13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF HILLSBOROUGH
AND MIG, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF HILLSBOROUGH MIG, Inc.
By: By:
Doug Davis
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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14 EXHIBIT A
Scope of Services
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December 2, 2024
Liz Ruess, Assistant Director of Building & Planning
Town of Hillsborough
1600 Floribunda Ave.
Hillsborough, CA 94010
Phone: 650.799.9511
Email: [email protected]
Subject: Town of Hillsborough - Strawberry Hill (2260 Redington Road) – Tentative Map Project CEQA Scope of Work
Dear Ms. Ruess:
MIG is pleased to provide this scope of work for environmental services related to the Strawberry Hill (2260 Redington Road) Tentative Map project. MIG is familiar with the Strawberry Hill site as it is identified as a Vacant Opportunity site in the Town’s 6th Cycle 2023 – 2031 Housing Element which MIG prepared the Program EIR for in 2023. We bring our Housing Element EIR experience to this project by proposing a very similar staffing team.
This project will be managed from our San José office. To supplement our in-house expertise, MIG is teaming with Basin Research Associates (archaeological studies), W-Trans (Transportation/VMT), and Fehr & Peers (emergency evacuation analysis). Our team members are all well-established firms with outstanding reputations for work in their areas of expertise. This proposal includes: an organizational chart and key staff resumes, and estimated cost tables for two CEQA document options, which are presented in the Proposal as Attachments A and B, respectively.
Our proposal presents a comprehensive approach to providing CEQA services to the Town for this project. We have incorporated the Housing Element Program EIR mitigation measure requirements for project specific studies and referenced CEQA Guidelines sections that address use of previously certified EIR to review subsequent projects. Our budget and schedule reflect the preparation of these required technical reports early in the project’s timeline. The technical reports will be structured to support whatever CEQA document the City decides to prepare. Our environmental planning team will work closely with Town staff to navigate successfully through the CEQA process, including document preparation, public meeting presentations, and staff consultations.
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Scope of Work
MIG crafted this scope of work based upon our extensive experience and knowledge gained preparing numerous project-specific CEQA documents tiering off of a Program EIR. Having prepared the Hillsborough Housing Element Program EIR, MIG has in-depth knowledge of the Program EIR mitigation measure requirements and which impact areas require careful consideration at the project phase.
This scope of work reflects the direction provided by Town staff, our knowledge of Hillsborough’s certified Focused General Plan Update EIR (2023) and its mitigation requirements for future housing facilitated by the 6th Cycle Housing Element, and our understanding of project- and site-specific CEQA issues.
As described in the Approach section, our scope of work is designed to be a phased analysis of project impacts starting with detailed technical reports to inform any type of CEQA document needed and the completion of an Initial Study Checklist list. Upon completion of the Initial Study Checklist the Town and MIG will decide which type of CEQ document is required for the project. We have provided a scope of work for either an IS/MND and a tentative scope of work for a focused EIR. The EIR scope of work and budget would need to be confirmed after completion of the Initial Study Checklist.
Task 1. Project Initiation
1.1 Project Kick-Off Meeting and Scope Refinement
MIG will conduct a virtual kick-off meeting with Town staff to review the work scope and important milestones, identify key project team roles, establish communication channels and procedures, and establish product review procedures. The project approach and schedule will be refined based on our discussions and critical project milestones.
1.2 Project Background Information and Technical Documents Upon receiving Authorization to Proceed, MIG will review all available project information provided by the Town and project proponent. MIG will identify any data gaps, which would then be included in the CEQA data request (see Task 1.4). This task also includes data gathering and desktop research for the MIG team to become familiar with the site and any existing conditions or environmental issues that may be of concern.
MIG is excited about the opportunity to work with the Town on this important project. Please do not hesitate to contact me if you have questions about our proposal ([email protected] and cell: 650-464-5217). We would be happy to discuss any adjustment the Town may have in mind.
Sincerely,
Barbara Beard, Senior Project Manager
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1.3 General Site Visit
Within one week of receiving Authorization to Proceed, MIG will conduct an general site visit for orientation to the project property and environmental setting. The project kick-off meeting (Task 1.1) could become part of this general site visit.
1.4 Data Request
Within two weeks of receiving Authorization to Proceed, MIG will provide the Town with a data request for any background materials and project information needed for the CEQA analysis.
Task 1 Deliverables:
• Project Kick-Off Meeting, Agenda, and Meeting Minutes • CEQA data request (electronic copy)
Task 2. Technical Reports
Each of the technical reports listed in this task will be prepared to support any future CEQA document, including the Initial Study Checklist (see Task 4) and IS/MND (see Task 5), or a focused EIR (see Task 6). Each technical report has been scoped to include a section that will evaluate project impacts using the CEQA Guidelines Appendix G Checklist questions specific to the relevant environmental topic area. Scoping the technical reports in this way will allow MIG and the Town to contemplate the significance of the project’s potential impacts under CEQA early in the project schedule. Background discussion and analysis included in the technical reports will be carried over into the Initial Study Checklist and IS/MND or EIR as needed to avoid duplicative work.
A Draft (MS Word or PDF file) and Final (PDF file) version will be provided for each technical report.
The scope for each technical report task also includes hours for site visits, data collection, project management and communication/coordination. All technical reports will be prepared simultaneously, and draft reports will be provided within six to eight weeks of start of work, depending on the specific report. Final reports will be provided two weeks after receipt of comments on the draft report.
Task 2.1 Air Quality/HRA Report
MIG will prepare a clear and concise technical report that fully evaluates the proposed project’s potential individual and cumulative air quality impacts in the context of the significance findings and mitigation measures identified in the Town’s 6th Cycle Housing Element EIR. To fulfill the requirements of Mitigation Measure AIR-2b, MIG will use the California Emissions Estimator Model (CalEEMod, Version 2022.1) to estimate the emissions generated by construction of the proposed project and compare criteria and toxic air contaminant pollutants against applicable thresholds maintained by the Bay Area Air Quality Management (BAAQMD). Where possible, MIG will incorporate by reference applicable environmental and regulatory setting information from the Housing Element EIR to streamline the preparation of the technical report.
The scope of this report assumes the project will fall short of the BAAQMD screening thresholds and does not include the preparation of a Health Risk Assessment (HRA). Should the project exceed the BAAQMD screening thresholds and an HRA is necessary MIG could prepare the analysis as an additional service. This is called out in our budget as an optional task.
MIG will respond to one (1) round of consolidated comments on the technical Air Quality report and provide a final report that would be the basis for the Initial Study Checklist analysis. This task assumes up to three (3) total staff hours will be required to respond to comments on the draft report. -296-
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Contingent Construction Health Risk Assessment
If the project exceeds the BAAQMD screening thresholds and to be consistent with the requirements of Housing Element EIR Mitigation Measure AIR-2b, MIG will prepare a construction health risk assessment (HRA) that evaluates potential adverse health risks associated with Diesel Particulate Matter (DPM) emitted by construction equipment and construction-related truck trips at adjacent nearby sensitive receptor locations (e.g., on Macadamia Drive). MIG will use the U.S. EPA-approved and BAAQMD-recommended regulatory model (AERMOD) to predict exposure to concentrations of pollutants at sensitive receptor locations and quantify associated health risks. The project’s potential health risks will be compared against BAAQMD carcinogenic and chronic risk thresholds.
To complete this task, MIG has assumed:
o MIG will conduct up to two (2) CalEEMod runs (e.g., unmitigated construction and operations, if necessary, mitigated construction) based on the project’s lot size, construction and operational characteristics of future homes, and trip generation potential. o MIG will conduct up to two (2) AERMOD runs for the project to quantify adverse health risks at sensitive receptor locations from unmitigated and, if necessary, mitigated project construction.
Task 2.2 Biological Resources Report
As required by the programmatic Housing Element EIR Mitigation Measure BIO-1, MIG’s biologists will prepare a site-specific biological resources report with information about the biological resources that may be impacted by the proposed Tentative Map improvements and future development on the 32 new residential lots. The biological resources report will incorporate information from the Housing Element Program EIR as much as possible. This task includes the preparation of a stand-alone biological resources report to support the CEQA document for proposed project. MIG will conduct background review, including:
• reviewing the Housing Element EIR, particularly the setting, figures, and mitigation measures;
• reviewing the Tentative Map, geotechnical report, arborist report, and any other information available for the project;
• refreshing the database searches and updating the list of sensitive species; and • identifying any additional regulations that may apply beyond what was reported in the Housing Element Programmatic EIR.
Following the background review, MIG biologists will conduct a site visit (in addition to the general site visit identified in Task 1.3) to verify the habitat types mapped in the Housing Element EIR, and to map the jurisdictional edge of Sanchez Creek and any other natural water features on the site. We will determine if habitat for special-status species, such as California red-legged frog and San Francisco dusky-footed woodrat, is present. The site survey will include an assessment of habitats for special-status species both on the site and in adjacent areas that could be impacted directly or indirectly by the project.
After the site visit, MIG biologists will prepare a stand-alone report that:
• describes the site-specific setting and species of concern, building on information provided in the Housing Element EIR;
• pulls in the regulatory section of the Housing Element EIR, highlighting any updates; -297-
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• addresses the CEQA Appendix G checklist questions for biological resources; • identifies which mitigation measures in the Programmatic EIR apply; and • identifies any additional site-specific measures that would be needed to reduce impacts to less-than-significant and ensure the project follows applicable laws.
The report will adequately address the potential for impacts on biological resources for purposes of CEQA review of the project. Graphics to be prepared will include site-specific maps of:
• vegetation types and water features;
• significant trees identified in the arborist report;
• soil types; and
• any setbacks recommended along Sanchez Creek or its tributaries.
The budget for the Biological Resources Report includes a draft and final report, with time to address one (1) round of consolidated comments from the Town. We have also budgeted for two days to complete the site survey.
Task 2.3 GHG/Energy Memorandum
MIG will prepare a clear and concise technical memorandum that fully evaluates the proposed project’s potential greenhouse gas (GHG) and energy impacts in the context of the significance findings and mitigation measures identified in the Town’s 6th Cycle Housing Element EIR. MIG will quantify the GHG emissions generated by the construction and operation of the proposed project using the same methodologies employed to prepare the project’s air quality analysis and quantify potential construction and operational energy consumption using CalEEMod and information from databases maintained by the California Air Resources Board.
MIG will respond to one (1) round of consolidated comments on the draft GHG/Energy memorandum and provide a final report. This task assumes up to three (3) total staff hours will be required to respond to comments from the Town.
Task 2.4 Historic Resources Evaluation
Historic Resource Setting - Significance of Property
Cursory research into the Strawberry Hill property reveals that the approximately 48-acre estate, established ca. 1912 under the name Villa Rose, is associated with architect Lewis P. Hobart and landscape architect Thomas D. Church. Both men are distinguished and important individuals within their respective fields; Hobart designed Grace Cathedral in San Francisco, and Church is often described as the father of the modern California landscape.
The Italian Renaissance-style residence is documented in the Historic American Buildings Survey on file at the Library of Congress. The estate grounds, including some of the original outbuildings and Italianate gardens, are also photo-documented in the Library of Congress Prints and Photograph Division. And the large estate, comprising the residence, designed gardens, outbuildings, and pathways is favorably described in a 1915 publication titled Stately Homes of California. The grounds appear again in a book entitled Gardens for a Beautiful America in 2012. It appears that Hobart may have designed the original landscape in concert with Mrs. Joseph D. Grant, who resided at the Villa Rosa with her husband, a financier in San Francisco, while Church was hired by subsequent owners to update the landscape to their vision of country living during the 1940s.
These readily available resources suggest that the Strawberry Hill property, including the designed landscape that spans the parcel, warrants further evaluation and documentation as a potential -298-
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historical resource. The potential for historic features beyond the main house has not been documented and is needed to understand future project impacts under CEQA. In comparison, a nearby property, the 20-acre Newhall Estate also designed by Hobart, was listed in the National Register of Historic Places in 2007 for both its architecture and its landscape architecture. An understanding of Strawberry Hill’s site-wide historic significance and integrity is required to under understand the full extent of the resource and will assist in determining the proper level of CEQA analysis and review. This information has informed our work plan as described below.
The work plan for the Historical Report is as follows:
Phase I: Data Gathering
Project Coordination
• Coordinate data requests and file sharing.
• Attend project kick-off meeting to confirm scope and goals of the historical report. • Attendance at up to two monthly meetings with the project team to review draft deliverable.
Research
• Primary and secondary research to establish development chronology of Villa Rose estate (residence, gardens, outbuildings, and circulation) and the historic themes associated with the development of the property.
o Archival research at the College of Environmental Design Archives at UC Berkeley and other in-person research as necessary.
o Desktop research to be conducted though consultation in relevant online repositories.
o Submit request for available building permits and construction documents on file at the Hillsborough City Clerk’s office.
Field Documentation
• Visit the property for up to two days to photo-document its character and record field observations.
o Documentation will cover the residence (exterior only), gardens, outbuildings, circulation, constructed water features, and other designed features.
Phase 2: Document Preparation
Historical Resources Assessment Report
• Prepare a streamlined, high-level assessment report that identifies potential historical resources on the property under the California Register of Historical Resources criteria. The goal of the report is to serve as a comprehensive evaluation document for the entire 40-acre landscape, to maximize efficiency and streamline the review process within the project area.
o MIG will produce a narrative report with illustrative diagrams and photographs.
o Historic feature types may include spatial organization; topography and terracing; buildings and structures; circulation such as drives, pathways, and -299-
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trails; constructed water features such as pools and fountains; gardens, orchards, specimen trees, and designed groves; and views and vistas.
Project Analysis Memo:
If historical resources are identified within the project area under Part 1 (Historical Report), MIG will prepare a memo that provides an analysis of potential project impacts on the resource(s) using the Initial Study Checklist question under Cultural Resources. The memo will address the question: “Would the project cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5?” The evaluation would identify any impacts to the property’s historic resources, determine whether the impact rises to the level of being potentially significant, and outline any mitigation measures that would reduce impacts to less than significant.
This analysis will support future CEQA documentation and help determine the appropriate level of CEQA review. A Project Analysis Memo will be delivered in PDF format.
MIG will provide draft reports and respond to one round of consolidated comments from the Town and then provide a final Historical Resources Assessment Report and Project Analysis Memo.
To complete this task, MIG has assumed:
• Access to the property will be provided for a 2-day period for the site assessment. • Report will not include a full inventory of individual trees, small-scale site furnishings, and drainage features. Select features will be used to illustrate pertinent themes and feature types, as applicable.
• Report will not include any description, inventory, or evaluation of the interiors of any buildings or structures on the property.
• Field work will be performed by one MIG staff person who will be joined by a designated escort familiar with the property.
• Scope does not include any in-depth condition assessment of historic features. • Field work to be scheduled after initial archival research has been performed. • This scope does not include the production of a National Register of Historic Places nomination or Department of Parks and Recreation (DPR) forms. • This scope does not include consultation with local preservation groups or historical societies, nor with the State Historic Preservation Office. • This scope of work does not include archaeological survey, assessment, or recordation.
Task 2.5 Noise and Vibration Memorandum
MIG will prepare a clear and concise noise and vibration memorandum that evaluates where construction and operation of the proposed project would result in a new or potentially more severe impact than that identified in the Town’s 6th Cycle Housing Element EIR. The noise/vibration study will generally describe the existing noise and vibration environment in the project vicinity using information contained in the Housing Element EIR, identify applicable Town regulations related to noise, quantify potential construction noise and vibration levels at nearby receptor locations (e.g., -300-
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residences on Macadamia Drive and Skyfarm Drive), and evaluate potential operational noise levels resulting from project noise sources, including off-site project-related increases in vehicular traffic.
MIG is not proposing to conduct noise monitoring at the project site. Rather, MIG will use noise monitoring data collected as part of the 6th Cycle Housing Element EIR to characterize noise levels in proximity of the project site. The noise analysis will identify typical construction equipment sound levels, quantify peak and typical construction activity noise levels, and compare those noise levels against the standards established in Municipal Code Section 8.32.040. Once operational, MIG anticipates the primary source of noise resulting from the project would be attributable to vehicle use on nearby roadways and heating, ventilation, and air conditioning (HVAC) equipment.
MIG’s analysis includes an evaluation of standard construction noise and vibration. It does not include analysis of construction techniques such as pile driving or other unique construction noise and excessive vibration activities.
MIG will respond to one (1) round of consolidated comments on the draft technical noise/vibration memorandum and provide a final report. This task assumes up to three (3) total staff hours will be required to respond to comments from the Town.
Task 2.6 Archaeological Resources Report
The 6th Cycle Housing Element Program EIR did not contain an archaeological resource investigation because of the programmatic nature of the EIR. MIG has included Basin Research Associates as a subconsultant to prepare the project-level Archaeological Resources Report.
The work plan for the Archaeological Reports Report will include the following phases:
(1) a review of an archival records search for a 0.25-mile radius of the project parcel to be completed by the California Historical Resources File System, Northwest Information Center (CHRIS/NWIC);
(2) a review of various published compendiums including the National Register of Historic Places and California Register of Historical Resources as well as archival materials on file with BASIN for San Mateo County;
(3) request a review of the Sacred Lands Inventory (SLF) from the Native American Heritage Commission (NAHC) to determine if any potential resources of interest to the Native American community are present;
(4) outreach to Native Americans recommended by the NAHC for further information on tribal cultural resources and assisting the Town with AB 52 consultation; and (5) a focused field review of the project parcel. The field review of the project parcel by a professional archaeologist will focus on whether it could be suitable for prehistoric use or occupation depending on slope.
(6) preparation of a draft and final Archaeological Resources Report The Archaeological Resources Report will be a letter or memo format assessment report and provide a description of the project, the results of the archival research, a short regulatory overview pertinent to CEQA, a discussion of impacts and potential for exposing buried archaeological materials, a short management summary as well as any recommendations for further work including the evaluation of any potential resources identified by research and impacts/mitigation actions.
Appropriate graphics will be included. BASIN does not anticipate completing a summary prehistoric -301-
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and historic context/land use of the general area and property unless research indicates that the summary is pertinent to the interpretation of the search results.
All personnel assigned to the project will meet the minimal professional qualifications of the Secretary of the Interior and the California Office of Historic Preservation. All project personnel are experienced with CEQA requirements due to previous project experience with similar projects.
To complete this task, BASIN has assumed:
• The project proponent will provide graphics that can be enhanced for the report as well as any other materials that may document prior land use of the project site.
Schedule
A minimum of 6+ weeks is anticipated due to a backlog of information center search requests as well as Native American outreach.
Task 2.7 Transportation Analysis
W-Trans will prepare the project Transportation Analysis for the eventual development of the 32 residential lots. The work plan for the Transportation Analysis is as follows:
Project Initiation:
The trip generation for the project will be determined based on a combination of standard rates published by ITE in Trip Generation Manual, 11th Edition, 2021 and a survey of the site driveways to determine the trips associated with the existing land uses. This information, along with the scope of services, will be provided to the Town of Hillsborough staff in a memorandum of assumptions for review and comment. Should their comments result in either a reduction or expansion of the scope, the contract amount would be adjusted accordingly.
CEQA Analysis:
The adequacy of facilities for pedestrians, bicyclists, and transit riders will be evaluated within the context of Town policy. Since the Town does not currently have an adopted VMT policy, the project’s estimated Vehicle Miles Traveled (VMT) will be determined using the guidance provided by the California Governor’s Office of Planning and Research (OPR) in the publication Transportation Impacts (SB 743) CEQA Guidelines Update and Technical Advisory, 2018, and use of the C/CAG Countywide VMT Evaluation Tool. Based on the Town’s Housing Element Programmatic EIR, WTrans currently anticipates that the proposed project would result in a significant and unavoidable impact on VMT.
W-Trans will prepare comprehensive responses to the Initial Study Checklist for Transportation. The potential for the project to have an impact under each of the Transportation checklist items (e.g., access, circulation, potential hazards, emergency access, etc.) will be addressed in text, with supporting documentation as appropriate. The responses will support any future CEQA document.
The Housing Element Programmatic EIR identified significant and unavoidable VMT impacts. The Initial Study Checklist responses and the Draft letter report W-Trans will prepare will support either an IS/MND or an EIR if one is required.
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W-Trans will provide an Administrative Draft Letter Report that provides details of the analysis and findings, together with tables and figures for Town. Upon receipt of the Town’s comments, W-Trans will provide a final report. W-Trans’s budget includes time to respond to public comments on a public draft CEQA document (IS/MND or EIR) and attendance at up to four formal virtual meetings with team members or the Town. Any additional meetings would be considered additional work and could be arranged through a contract amendment.
Any additional services, such as meetings or hearings, requests for analysis not included in WTrans’s scope (e.g., non-CEQA traffic operations report), multiple rounds of comments, or responding to peer review comments, if needed, could be provided on a time and materials basis after receiving written authorization for the extra work.
Schedule
Upon start of work and confirmation of W-Trans’s scope by Town staff, the administrative draft Transportation Analysis letter report can be completed within approximately three weeks from start of work and confirmation of W-Trans’s scope of work by Town staff, and a final report can be provided approximately two weeks after receiving comments on the draft report.
Task 2.8 Evacuation Analysis
Fehr & Peers will prepare the project Evacuation Analysis required by Housing Element EIR Mitigation Measure WILD-1: Emergency Response and Emergency Evacuation Planning.
Based on past experience on other evacuation and emergency access assessments, Fehr & Peers proposed a tiered approach and found that the following steps are important in developing a defensible document that adequately discloses information that forms the basis for the CEQA impact determinations and mitigation measures.
1. Collaboration with Town Planning and Public Works, Town Fire/Police, and San Mateo County Department of Emergency Management (DEM) for discussion and resolution of the following evacuation impact methodology items.
Hazard Type and Response.
Evacuation Routes and Any Assumed Closures.
Evacuation Study Area and Affected Population Groups. Evacuation Scenario Definitions including potential that some roads would not be available for evacuation.
Planned Roadway Improvements in the Study Area.
CEQA Evacuation Impact Significance Thresholds.
2. Obtain evacuation route and zone data in Genasys/Zonehaven evacuation platform from DEM or Town Fire staff.
3. Review Fehr & Peers evacuation checklis.t
4. Determine need for quantitative evacuation time estimate modeling.
5. CEQA evacuation impact determination.
6. Candidate Evacuation Mitigation or Improvement Strategies.
As such, Fehr & Peers has proposed the following work plan:
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Work Plan
Tier 1
The Tier 1 work plan assumes a qualitative analysis proves adequate to provide the basis for the CEQA analysis and to develop an evacuation and emergency impact determination and identification of mitigation measure(s) for the proposed project. It does not include a quantitative estimate of evacuation times. The information developed in the Tier 1 work plan includes consultation with Town staff on the most appropriate CEQA document for the proposed project.
Fehr & Peers will complete the following Tier 1 tasks:
Review data and reports provided by Town and County Department of Emergency Management (DEM) staff.
Prepare information for kick-off meeting.
Attend kick-off meeting with Town and County DEM staff to review the checklist questions, discuss any needed revisions and input data, and identify key evacuation and emergency access issues.
Refine and complete entries for draft Checklist. For one evacuation scenario, map evacuation routes that would be used by the proposed project and identify a catchment area of existing residents that would use the evacuation route(s). Estimate the number of evacuation trips that would be generated by the proposed project and surrounding residents that would use the same evacuation routes. Identify existing evacuation plans and strategies.
Prepare draft memo documenting the checklist and the qualitative assessment. Submit Draft Memo to Town staff for review.
Conduct Meeting #2 with Town staff to discuss checklist and determine whether additional quantitative evacuation assessment is needed.
Prepare Draft Final Memo to Town staff documenting revisions to checklist and conclusions about next steps. If additional analysis is required, the memo will include a description of the required tasks.
Submit Draft Final Memo to Town staff for review.
Respond to any staff comments, prepare and submit Final Memo.
This task assumes the following data or direction will be provided by Town staff for the Tier 1 assessment.
Count Data
Traffic Studies
Planned roadway improvement projects
Evacuation plans
Evacuation route and zone data in Genasys/Zonehaven evacuation platform Evacuation routes for project evacuation trips
Study methodology review and approval
Contingent Tier 2 Quantitative Analysis
If the Tier 1 work plan providing a quantitative analysis identifies potentially significant impacts, a Tier 2 Quantitative Analysis may be needed. A Tier 2 analysis would consist of conducting a quantitative analysis of evacuation times for a larger area than was considered in the Tier 1 qualitative assessment and for existing conditions and up to two plus project wildfire scenarios, as -304-
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well as a CEQA impact determination and identification of mitigation measure(s). The Tier 2 Quantitative Analysis would build upon the information presented in the Tier 1 analysis and would present modeling scenarios for calculating evacuation times under existing conditions (no project) and with the proposed project and current circulation plan. The existing conditions (no project) analysis is to develop an estimate of evacuation times for existing community residents and/or employees that would be affected by the modeled evacuation event. For the Tier 2 analysis, Fehr & Peers anticipates needing a no project forecast of evacuation times to assess the effect of added project evacuation trips on total evacuation times. Their scope includes two different “plus project” scenarios which typically involves different wildfire evacuation scenarios (i.e., an assumption that one evacuation route could be closed due to fire or another hazard) but it could involve studying a project alternative (i.e., different scale project, or different primary evacuation route).
The Tier 2 analysis would present a defensible analysis of potential project impacts and mitigation measures and would be consistent with recent court rulings on the adequacy of CEQA emergency analysis and the direction provided by the Office of the Attorney General on Best Practices for Analyzing and Mitigating Wildfire Impacts of Development Projects Under CEQA in 2022.
The budget for a Tier 2 Quantitative Analysis would range between $30,000-45,000 and would be negotiated with the Town depending on the findings of the Tier 1 analysis.
Task 2 Technical Report Deliverables:
• Air Quality Report, Draft and Final
• Biological Resources Report, Draft and Final
• GHG/Energy Memorandum, Draft and Final
• Historic Resources Evaluation (Historical Report and Project Analysis Memo), Draft and Final
• Noise and Vibration Memorandum, Draft and Final
• Archaeological Resources Report (Basin Research Associates), Draft and Final • Transportation Analysis Letter Report (W-Trans), Draft and Final • Evacuation Analysis Memo (Fehr & Peers), Draft and Final Contingent/Optional Tasks:
• Air Quality Health Risk Assessment
• Tier 2 Evacuation Analysis
Task 3. Project Description
Concurrently with the preparation of the Technical Reports in Task 2, MIG will prepare a comprehensive CEQA Project Description that could be used in any CEQA document prepared for the project. MIG will use the information gathered in Task 1 to formulate a comprehensive description of the project. MIG will prepare a Project Description that will be submitted as a separate deliverable. MIG will prepare a draft and final Project Description. The environmental analysis will not proceed until the Town and MIG have confirmed the completeness and accuracy of the project description sufficient to allow for the preparation of the Initial Study checklist (see Task 4).
Task 3.1 Administrative Draft Project Description
The Project Description will be prepared consistent with CEQA Guidelines Section 15124. The Project Description will describe the project location, existing site conditions, all features of the proposed project, all phases of project construction, project objectives, and list the required permits and actions needed to approve the proposed project. The Project Description will provide an -305-
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overview of the Town’s certified Housing Element Programmatic EIR (2023) and will explain the relationship between the proposed project, an identified 6th Cycle Housing Element housing opportunity site, and the Housing Element Programmatic EIR. The Project Description will be supported by tables, figures, maps, and photographs as appropriate. MIG will work closely with the Town to prepare an accurate and detailed description of the project in its various phases and the CEQA environmental baseline. The project description will reference standard measures and best management practices used by the Town to avoid or minimize environmental effects.
Task 3.2 Final Project Description
Following one (1) round of Town review of the Administrative Draft Project Description, MIG will finalize the Project Description within one week of receipt of the Town’s comments. This proposed timeline assumes the Town will provide MIG with one (1) set of consolidated comments in MS Word format.
This scope assumes that the Project Description may need to be edited during Task 5: Public Draft IS/MND or Task 6: EIR to refine and/or update the IS/MND or EIR project description as the project progresses. As such, we have included hours for Project Description revisions in the proposed costs for Task 5 and Task 6.
Task 3 Deliverables:
• Draft and Final Project Description, MS Word file
Task 4. Initial Study/Determination of CEQA Document
Task 4.1 Initial Study Checklist
MIG will prepare an Initial Study checklist document informed by Town’s General Plan, Zoning Ordinance, Municipal Code requirements and other adopted regulations, project details provided by the project proponent and Town, the Housing Element Programmatic EIR, the technical reports prepared in Task 2, and the Project Description prepared in Task 3. The Initial Study Checklist will follow Appendix G of the CEQA Guidelines unless the Town provides its own version of the checklist. MIG will rely upon on Housing Element Program EIR analysis as much as possible and as allowed by the CEQA Guidelines (Section 15152 Tiering, 15168 Program EIRs, and 15183 Projects Consistent with a Community Plan or Zoning) thereby reducing the need to duplicate analysis. The cost estimate includes one round of City review prior to finalizing the Initial Study checklist.
Based on our current understanding of the project, our review of the project materials currently made available to us, and our familiarity with the significance conclusions and mitigation requirements of the 2023 Housing Element Programmatic EIR, we currently anticipate potentially significant impacts in the following environmental topics areas: Biological Resources, Historic Resources, and Transportation/VMT. There may also be potentially significant Emergency Evacuation impacts identified in the Emergency Evacuation technical report. The Initial Study impact analysis will provide a discussion of whether these impacts are mitigated by the Housing Element Program EIR Mitigation Measures or whether additional mitigation measures are required. The results of the Initial Study will inform the Town as to whether an IS/MND is appropriate for the project or whether project specific impacts have the potential to reach a level of significance, which would require the preparation of an EIR (see Task 6).
Task 4.2 Consultation with City
Following the completion of the Initial Study checklist, the Town and MIG staff will convene to discuss the Initial Study checklist’s findings and implications and come to a decision as to the -306-
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appropriate CEQA document—an IS/MND or EIR—for the project. If the Town and MIG determine an IS/MND is the appropriate CEQA document, MIG will use the final Initial Study checklist document as the basis for the administrative draft IS/MND and proceed to Task 5 and prepare a screencheck draft and public draft IS/MND for Town review. If the Town and MIG determine an EIR is the appropriate CEQA document, MIG will proceed directly to Task 6 and begin noticing for an EIR. As described under Task 6.2, MIG will take text from the Initial Study Checklist prepared during Task 4 and use it, with edits as needed, as the basis for the relevant chapters of the EIR document.
Task 4 Deliverables:
• Draft and Final Initial Study Checklist, MS Word file.
Task 5. Public Draft IS/MND
Should the Town decide an IS/MND is the appropriate CEQA document for the project, MIG would take the Initial Study Checklist document completed in Task 4 and produce a Public Draft IS/MND.
Task 5.1 Screencheck Draft IS/MND
MIG will respond to comments from the Town on the Initial Study Checklist and then produce a screencheck (pre-print) of the Public Draft IS/MND for Town review.
Task 5.2 Public Draft IS/MND
Upon Town approval, MIG will prepare the Public Draft IS/MND for public review.
MIG will prepare the Notice of Intent (NOI) to adopt the IS/MND for Town filing at the County Clerk’s Office and the State Clearinghouse to fulfill the public noticing requirements of CEQA Guidelines Section 15072. The Town can use the NOI to provide public noticing consistent with CEQA requirements (e.g., newspaper publication, direct mailers, and/or posting of notice on and off site).
Distribution of the public notice and availability of the document for public review and filing at the Clerk’s Office will be the responsibility of the Town.
MIG will prepare the Notice of Completion (NOC) and OPR Summary Form, and MIG will submit these forms to the State Clearinghouse along with the NOI and the Public Draft IS/MND. All PDFs submitted will meet the new OPR accessibility requirements.
This task also includes hours for managing the project’s administrative record as needed.
Task 5.3 Response to Comments
Upon the conclusion of the 30-day public review period, MIG will prepare final documents. MIG will review all written comments received during the public review period and prepare a memo responding to comments for Town review and consideration prior to project approval. The memo will contain a summary of all comments received during the public comment period (with an alphanumeric ID for each individual comment), responses to comments, and changes to the Draft IS text or errata, as necessary. MIG has allocated 40 hours for this task. MIG would only bill the time necessary to respond to the comments received. Should the volume of comments received require more than 40 hours of effort, MIG will request additional budget to complete the task.
We will prepare a draft of the response to public comment, respond to one round of administrative comments, and then finalize the document.
Task 5.4 Final IS/MND
Concurrent with the preparation of the Response to Comments and Mitigation Monitoring and Reporting Program (MMRP), MIG will prepare a Final MND document. The Final MND will contain -307-
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proposed findings, present all the mitigation measures identified in the IS/MND document, and provide the record of proceedings.
Task 5.5 Mitigation Monitoring and Reporting Program (MMRP) Concurrent with the preparation of the Response to Comments and Final IS/MND, MIG will prepare an MMRP according to Section 15097 of the CEQA Guidelines. The MMRP will present all the mitigation measures identified in the IS/MND in a table format. For each measure, the MMRP will identify the responsible party for ensuring proper implementation, the timing of implementation, and method of verification. The Town can use the table to track implementation and monitoring of the mitigation measures. The MMRP will also include for reference a list of all Best Management Practices ( BMPs) a pplied to the project. These measures are not mitigation and are not subject to CEQA monitoring and reporting requirements.
Task 5.6 Notices/State Clearinghouse Filing
As noted in Task 5.2 above, MIG will prepare and submit to the State Clearinghouse (SCH) the Notice of Completion (NOC), OPR Summary Form, and NOI when the Public Draft IS/MND is submitted to the SCH.
Within five working days after Town adoption of the MND and approval of the project, MIG will prepare a draft Notice of Determination (NOD). MIG will be responsible for filing the NOD at the SCH. MIG assumes the Town will be responsible for filing the NOD at the County Clerk’s office and paying any required filing fees for the California Department of Fish and Wildlife.
MIG has budgeted hours in this task for costs related to ensuring all forms and documents submitted to the SCH comply with applicable State and Federal Americans with Disabilities Act (ADA) requirements. These requirements include processing files through optical character recognition (OCR), PDF “flattening,” and other processes that ensure the text, including alternative figure text, is searchable and readable by screen readers.
Task 5.7 Public Hearings
This task includes the Senior Project Manager’s virtual attendance at two project hearings to approve the project and adopt the IS/MND. This task also includes hours for MIG to assist the Town with the preparation of presentation materials for the hearings, if needed.
Task 5 Deliverables:
• Screencheck Draft IS/MND, MS Word and PDF File
• Public Draft IS/MND, PDF File
• CEQA Notices: NOC, NOI, and OPR Summary Form
• Response to Comment Memorandum, Draft and Final
• Mitigation Monitoring and Reporting Plan
• Notice of Determination
Task 6. Potential EIR
At this time, it is unclear what the most appropriate CEQA document for the project is; whether it would be an IS/ND, IS/MND, or an EIR. MIG has established a scope of work and approach to the project that will allow the Town to make a fully informed decision based on factual analysis of the project’s potential impacts, and to decide what the most appropriate CEQA document is after completion of Task 4 (Initial Study/Determination of CEQA Document). The consultation with the Town as part of Task 4.2 will lead to the determination of whether an EIR is necessary. MIG is -308-
MIG, Inc. 24
presenting a potential scope and budget for a focusedEIR for consideration and planning purposes.
The actual scope and budget for the EIR would need to be confirmed as part of Task 4.2.
As described in the Approach section of our proposal, the CEQA Guidelines encourages lead agencies to tier off previously prepared CEQA documents. The Town will seek to use the analysis and findings contained in the 6
th Cycle Housing Element Program EIR to the greatest extent possible and as directed by CEQA Guidelines Sections 15152 Tiering, 15168 Program EIRs, and 15183 Projects Consistent with a Community Plan or Zoning. Should the analysis prepared in the technical reports and the Initial Study Checklist identify new potentially significant impacts, or substantially worse impacts than what was analyzed in the Housing Element Program EIR, then the Town will be required to prepare an EIR focusing on those particular impacts (CEQA Guidelines Section 15152 (a) and (d), 15168 (c), and 15183 (b)).
Subsequent EIR
If an EIR is required, it is likely that it would be a Subsequent EIR as outlined in CEQA Guidelines Section 15162, and our potential scope of work is based on this assumption. Should an EIR be required for the project, MIG is presenting a potential scope and budget for a Subsequent EIR that would contain three environmental impact chapters plus all the chapters an EIR is required to contain. We are assuming the EIR would contain a minimum of three impact analysis chapters based on our current understanding of the potential impacts to biological resources, historic resources, Transportation/VMT, and possibly evacuation planning. Our actual budget for the EIR would be confirmed with the Town at the time a decision is made that an EIR is required and our budget adjusted accordingly. The EIR costs presented in this proposal are advisory only.
Tasks required to prepare a Subsequent EIR include the following.
Task 6.1 Notice of Preparation
Draft and Final NOP
Once a decision has been made that an EIR is required MIG will prepare a Notice of Preparation (NOP) according to CEQA Guidelines section 15082. The intent of the NOP is to invite the public and agencies to provide input on the content (e.g., resource areas of interest, issues, alternatives, mitigation measures) that should be explored in an EIR. The NOP process is intended to identify potential public concerns that may otherwise arise later in the review and eliminate from detailed study issues found not be important.
MIG will provide a draft and final NOP containing project information as specified in CEQA Guidelines Section 15082. The Town will file the NOP with the State Clearinghouse, which will distribute the NOP to CEQA Responsible and Trustee agencies. The Town will send the NOP to other interested public agencies and other interested entities for the CEQA-required 30-day review period. The Town should also post the NOP with the San Mateo County Clerk. There is a 30-day public comment period for the public to respond to the NOP with written comments to the Town.
Public Hearing
During the 30-day public comment period, the Town will hold one virtual public hearing in which to receive oral comments from the public. MIG has budgeted eight hours for the preparation of a Power Point presentation for the public hearing and four hours for the Senior Project Manager to prepare for, attend the public hearing virtually, and lead the presentation. -309-
MIG, Inc. 25
Assemble Public Comments
Comments on the scope of the EIR will be organized, referenced, and considered in the Draft EIR.
MIG will refine the scope of the environmental analysis, if warranted, in response to the public scoping process. In addition, MIG will, if necessary, coordinate with Town staff with respect to follow up consultation with interested and/or Responsible public agencies.
Town staff is responsible for compiling the NOP mailing list, including interested individuals and nongovernmental entities, distributing the NOP, securing the scoping meeting location, and notifying interested parties that do not directly receive the NOP.
Task 6.2 Administrative Draft EIR
MIG will prepare an Administrative Draft Subsequent EIR consistent with CEQA requirements. For the purposes of this proposal MIG is assuming the EIR would contain up to three impact chapters and all the other chapters required of an EIR.
The EIR will include all CEQA-required components, including baseline/existing conditions, project description (developed in Task 3), cumulative impacts, growth inducing impacts, and project alternatives. The CEQA-required executive summary will also be included, along with a summary table of impacts and mitigation measures. Where necessary to address potentially significant impacts, practical, implementable, and enforceable mitigation measures will be developed. The EIR will reference Housing Element Program EIR mitigation measures as appropriate and will bring in relevant analysis in the Program EIR to support the impact analysis and conclusion.
MIG will provide an Administrative Draft EIR for Town review.
Task 6.3 Public Draft EIR
MIG will anticipate one consolidated set of comments from the Town (including City Attorney comments) on the Administrative Draft EIR, respond to the comments, and provide the Town with a Screencheck Draft EIR. MIG will respond to comments on the Screencheck Draft EIR and prepare a Public Draft EIR for circulation. MIG will provide drafts of all the required CEQA notices and provide the Public Draft EIR in an accessible format, as required by the SCH.
This task also includes hours for managing the project’s administrative record as needed.
Task 6.4 Final EIR
Following the close of the 45-day review period on the Draft EIR, MIG will prepare a Response to Comments/Final EIR (RTC/FEIR) that includes responses to public and agency comments received.
This scoped work and budget assumes that the responses to comments can be organized so a set of master responses can be used to respond to many similar comments. Comments will be addressed with a reasoned analysis supported by substantial evidence related to the issues raised.
Some responses may result in revisions to the text or exhibits contained in the Draft EIR, and such changes would be documented in the RTC/FEIR. This task will also include a Mitigation Monitoring and Reporting Program (MMRP).
Response to Comments
We have allocated a total of 42 hours for the annotation of comment letters and drafting responses to the letters. Our subconsultants have also assumed a set number of hours to prepare the Draft EIR chapter and respond to public comments. Should the volume of comments exceed the amount we have anticipated in the budget or should one or more comments require new analysis, MIG will request additional services to complete the work.
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MIG, Inc. 26
MIG will provide responses to state agency comments to the commenting agency 10 days before the Final EIR certification hearing, in conformance with CEQA Guidelines requirements.
Mitigation Monitoring and Reporting Plan
Concurrent with the preparation of the Response to Comments and Final EIR, MIG will prepare an MMRP according to Section 15097 of the CEQA Guidelines. The MMRP will present all the mitigation measures identified in the IS/MND in a table format. For each measure, the MMRP will identify the responsible party for ensuring proper implementation, the timing of implementation, and method of verification. The Town can use the table to track implementation and monitoring of the mitigation measures. The MMRP will also include for reference a list of all BMPs applied to the project. These measures are not mitigation and are not subject to CEQA monitoring and reporting requirements.
Notices/State Clearinghouse Filing
As noted above, MIG will prepare and submit to the SCH the Notice of Completion (NOC), OPR Summary Form, and NOI the Draft EIR is submitted to the SCH.
Within five working days after Town adoption of the EIR and approval of the project, MIG will prepare a draft Notice of Determination (NOD). MIG will be responsible for filing the NOD at the SCH. MIG assumes the Town will be responsible for filing the NOD at the County Clerk’s office and paying any required filing fees for the California Department of Fish and Wildlife.
MIG has budgeted hours in this task costs related to ensuring all forms and documents submitted to the SCH comply with applicable State and Federal Americans with Disabilities Act (ADA) requirements. These requirements include processing files through optical character recognition (OCR), PDF “flattening,” and other processes that ensure the text, including alternative figure text, is searchable and readable by screen readers.
Task 6.5 Public Hearings
We have budgeted for the MIG Senior Project Manager for virtual attendance at two public hearings for adoption of the Final EIR with the Town Council. Town staff will be responsible for preparing public notices, presentation materials, and staff reports.
Task 6 Deliverables:
• Draft and Final NOP
• Power Point Presentation for NOP Hearing
• Administrative Draft EIR
• Screencheck EIR
• Public Draft EIR and CEQA Notices
• Administrative Draft Response to Comments
• Final Response to Comments / Final EIR Document
• Responses to comments made by state agencies provided 10 days before certification hearing • Mitigation Monitoring and Reporting Plan (MMRP)
• Notice of Determination
• Virtual Attendance at Three Public Hearings (one for NOP hearing and two for project approval/EIR certification)
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MIG, Inc. 27
Task 7. Meetings
Task 7.1 Monthly Conference Calls
MIG will participate in periodic conference calls with the Town (eight calls estimated at one hour per meeting) to facilitate team discussion and ensure information sharing between the project team and the Town. Call frequency and duration will be adjusted as needed during the course of the project, but the work scope and budget assumes a total of eight calls that would be scheduled on an asneeded basis. MIG will prepare a call agenda before each call and meeting minutes after each call.
Budget for public hearing attendance is accounted for under Task 5 and Task 6. Budget for the project kick-off meeting is accounted for under Task 1.
Task 7 Deliverables:
• Meeting Agendas and Call Summaries
Task 8. Project Management
This task comprises MIG’s internal management and regular coordination and communication with the Town of Hillsborough and project team members to ensure MIG and its subconsultants complete work tasks on time and within budget.
Task 8.1 Project and Subconsultant Management
This task allows MIG to manage staff and subconsultants and includes implementation of MIG’s quality control procedures (e.g., senior level review) for all deliverables.
The MIG Senior Project Manager will be actively involved in all aspects and phases of the project to ensure quality of work products and that the work is completed on time and within the estimated budget. The MIG Senior Project Manager will be the point of contact with the Town and will keep the Town apprised of project progress. If issues arise that will affect the schedule or budget, the Senior Project Manager will immediately inform the Town and discuss the best approach to resolving issues.
MIG has allocated budget for client communication and staff coordination to ensure that we can communicate clearly and effectively. Additionally, this budget covers implementing our quality control review process.
Task 8.2 Project Administration
This task allocates time for MIG’s CEQA Senior Project Manager and Project Accountant to manage the contract, budget, and approve invoices.
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61236.01300\40844037.1
15 EXHIBIT B
Project Fees
Costs associated with this project are funded entirely by the applicant, via a deposit account that is managed by Town staff.
Consultant will invoice Town on a monthly cycle. Consultant will include with each invoice a detained progress report that indicates the amount of budget spent on each task. Consultant will inform Town regarding any out-of-scope work being performed by Consultant. This is a time-andmaterials contract. -313-
Liz Ruess, Assistant Director of Building & Planning
CEQA Services for Strawberry Hill Tentative Map
MIG, Inc. 32
Budget
MIG will perform the services outlined in this scope of work for the fees summarized in Table 2. The cost table is based on our understanding of the project and assumptions listed in the Approach section, and the limitations identified below as factors triggering an increase in cost. If unforeseen conditions are encountered, or if we experience delays or circumstances beyond our control, we will notify the Town immediately to discuss modifications to the scope of services and/or project fees.
Tentaive Schedule for Deliverables of the MIG will bill only the time and expenses spent. We will not exceed this amount without prior approval from the County. With approval, additional services that are not outlined in this proposal will be charged on a time-and-expense basis. Payment for services shall be due upon receipt of MIG’s monthly invoice.
Technical Reports
The Housing Element Program EIR Mitigation Measures require the Town to prepare project-specific technical studies on development proposals for the vacant opportunity sites identified in the 2023 – 2031 Housing Element. These reports cover air quality, biological resources, historic resources, transportation/VMT, and emergency evacuation. Additionally, an Archaeological Resources report is required at the project stage because one was not prepared for the Housing Element Program EIR.
In addition to the technical reports required by the Housing Element Program EIR, MIG is proposing a GHG/Energy and Noise technical report in order to complete the Initial Study Checklist with factual information about the project. These reports would support either an IS/MND or an EIR if an EIR is required.
The technical reports listed in Task 2 are a significant portion of MIG’s overall budget and would be part of either the IS/MND or the EIR budget. The budget for all eight reports is $109,782. The budget for preparation of an IS/MND (Task 5) is $21,885. In comparison, the tentative budget for a focused EIR (Task 6) with three to four technical chapters is $50,065. MIG has provided a budget for communication and coordination with the Town by budgeting for a total of eight conference calls during the life of the project. We also have a project management budget that allows us to closely coordinate with our subconsultants and review their technical reports to ensure project information is accurate and consistent in their analysis approach.
To show our intent to keep the budget as low as possible, MIG has applied a 2% mark-up to direct costs (subconsultant budget and MIG expenses) rather than the standard 10%.
To facilitate MIG’s ability to respond to unanticipated issues, we are proposing a 10% contingency budget that would only be used with Town authorization. -314-
Liz Ruess, Assistant Director of Building & Planning
CEQA Services for Strawberry Hill Tentative Map
MIG, Inc. 33
Town of Hillsborough I Strawberry Hill Subdivision Tentative Map Project e s t i m a t e d p r o j e c t c o s t
Task 1: Project Initiation
1.1 Project Kick Off Meeting and Scope Refinement 7 $1,560 $0 $1,560
1.2 Project Background Information and Technical Documents 12 $2,070 $0 $2,070
1.3 General Site Visit 8 $1,440 $0 $165 $1,605
1.4 Data Request 7 $1,165 $0 $1,165
Subtotal 34 $6,235 $0 $0 $0 $0 $165 $6,400
Task 2: Technical Reports
2.1 Air Quality Report 30 $4,300 $0 $4,300
2.2 Biological Resources Report 112 $17,280 $0 $180 $17,460
2.3 GHG/Energy Memorandum 33 $4,790 $0 $4,790
2.4 Historic Resources Evaluation 122 $17,500 $0 $650 $18,150
2.5 Noise and Vibration Memorandum 37 $5,510 $0 $5,510
2.6 Archaeological Resources Report $7,092 $7,092 $7,092
2.7 Transportation Analysis $16,480 $16,480 $16,480
2.8 Evacuation Analysis $36,000 $36,000 $36,000
Subtotal 334 $49,380 $7,092 $16,480 $36,000 $59,572 $830 $109,782 Task 3: Project Description
3.1 Administrative Draft Project Description (1 round of review) 18 $2,510 $0 $2,510
3.2 Final Draft Project Description 5 $850 $0 $850
Subtotal 23 $3,360 $0 $0 $0 $0 $0 $3,360
Task 4: Initial Study/Determination of CEQA Document
4.1 IS Checklist 92 $14,730 $0 $14,730
4.2 Consultation with City 6 $1,330 $0 $1,330
Subtotal 98 $16,060 $0 $0 $0 $0 $0 $16,060
Task 5: Public Draft Initial Study/MND
5.1 Screencheck Draft IS/MND (2 rounds of review) 28 $4,600 $0 $4,600
5.2 Public Draft IS/MND 8 $1,140 $0 $1,140
5.3 Response to Comments 40 $6,505 $0 $6,505
5.4 Final IS/MND 15 $2,490 $0 $2,490
5.5 MMRP 6 $750 $0 $750
5.6 Production and Document Accessibility 10 $1,610 $0 $1,610
5.7 Notices/SCH Filing 4 $500 $0 $500
5.8 Public Hearing (assume 2 hearings (virtual, 3 hours for attendance and 3 hours for material prep)) 18 $4,290 $0 $4,290
Subtotal 129 $21,885 $0 $0 $0 $0 $0 $21,885
Task 6: EIR
6.1 Notice of Preparation 38 $6,120 $0 $6,120
6.2 Administrative Draft EIR 141 $24,505 $0 $24,505
6.3 Public Draft EIR 27 $4,095 $0 $4,095
6.4 Final EIR 75 $12,465 $0 $12,465
6.5 Public Hearings (assume 2 hearings, virtual attendance) 12 $2,880 $0 $2,880 Subtotal 293 $50,065 $0 $0 $0 $0 $0 $50,065
Task 7: Meetings
7.1 Conference Calls (8 calls) 32 $6,330 $0 $6,330
Subtotal 32 $6,330 $0 $0 $0 $0 $0 $6,330
Task 8: Project Management
8.1 Project and Subconsultant Management 40 $8,750 $0 $8,750
8.2 Project Administration 28 $4,760 $0 $4,760
Subtotal 68 $13,510 $0 $0 $0 $0 $0 $13,510
718 $116,760 $7,092 $16,480 $36,000 $59,572 $995 $177,327 2% Markup (on Subconsultants and Direct Costs) $1,191 $20 $1,211 IS/MND Base Cost $178,538
10% Contingency Fee (on MIG Totals) $11,676
Optional Health Risk Assessment $3,810
$194,024
882 $144,940 $7,092 $16,480 $36,000 $59,572 $995 $205,507 2% Markup (on Subconsultants and Direct Costs) $1,191 $20 $1,211 EIR Base Cost $206,718
10% Contingency Fee (on MIG Totals) $14,494
Optional Health Risk Assessment $3,810
$225,022
Sub
Totals
IS/MND SUBTOTAL
W-Trans Fehr &
Peers
MIG
Direct
Costs
Professional
Fees
Totals Basin
MIG, Inc. Subconsultants
MIG
Totals
EIR TOTAL COST
IS/MND TOTAL COST
EIR SUBTOTAL
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61236.01300\40844037.1
16 EXHIBIT C
Activity Schedule
MIG is presenting a schedule for the completion of an IS/MND and a tentative schedule for the completion of an EIR. The schedule is tied to both the date of notice to proceed and the date on which MIG receives all key project information requested in the data request prepared in Task
1.4. All technical reports (Task 2) will be prepared simultaneously, and draft reports will be provided within six to eight weeks of the start of work, depending on the specific report and the speed at which data can be obtained. The schedule for Task 2 is partially driven by the time it takes to receive the CHRIS search results which can take up to six weeks for an unexpedited search.
MIG will prepare the Project Description (Task 3) while the technical reports are being prepared.
MIG will provide the Administrative Draft Initial Study Checklist (Task 4.1) one week after the last technical report is approved by the Town. MIG can provide a full IS/MND for publication five weeks (including Town review of Screen check IS/MND) after the decision to prepare this type of CEQA document. If the Town determines an EIR is needed for the project, MIG could immediately begin the Notice of Preparation task.
The proposed IS/MND schedule is based on MIG’s understanding of the project issues to be addressed in the a IS/MND and incorporates time for Town review of draft documents and the required 30-day public review of the IS/MND. Timing of the IS/MND approval would be dependent upon the Towns’s public hearing schedule.
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Note: Following Task 4, the project scehdule woud follow either the Task 5 OR Task 6 progression, not both.
Town of Hillsborough I Strawberry Hill Subdivision Tentative Map Project Legend
MIG
Town Review
6 13 20 27 3 10 17 24 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29 1 Task
1.1 Project Kick Off Meeting and Scope Refinement
1.2 Project Background Information and Technical Documents
1.3 General Site Visit
1.4 Data Request
2 Task
2.1 Air Quality/HRA Report
2.2 Biological Resources Report
2.3 GHG/Energy Memorandum
2.4 Historic Resources Evaluation
2.5 Noise and Vibration Memorandum
2.6 Archaeological Resources Report
2.7 Transportation Analysis
2.8 Evacuation Analysis
3 Task
3.1 Administrative Draft Project Description (1 round of review)
3.2 Final Draft Project Description
4 Task
4.1 IS Checklist
4.2 Consultation with City
5 Task
5.1 Screencheck Draft IS/MND
5.2 Public Draft IS/MND
5.3 R esponse to Comments
5.4 Final IS/MND
5.5 MMR P
5.6 Production and Documet Accessibility
5.7 Notices/SCH Filing
5.8 Public Hearings (assume 2 hearings (virtual, 3 hours for attendance and 3 hours for material prep))
6 Task
6.1 Notice of Preparation/30-day Public Comment Period
6.2 Administrative Draft EIR
6.3 Screencheck/Draft EIR
6.4 Final EIR
6.5 Public Hearings (assume 3 hearings, virtual attendance) 7 Task
7.1 Check-In Conference Calls
8 Task
8.1 Project and Subconsultant Management
8.2 Project Administration
Oct Nov Dec
Year
Apr May Jun Jul Aug Sep
Lighter shade corresponds to MIG active work periods. Darker shade corresponds to Town review periods.
Jan Feb Mar
Schedule
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61236.01300\40844037.1
17 EXHIBIT D
Values Statement
TOWN OF HILLSBOROUGH CITY COUNCIL, BOARDS, AND COMMUNITIES
VALUES STATEMENT
As a member of the Town of Hillsborough City Council or of a Hillsborough board or committee, I agree to uphold the Town mission statement and adhere to the following values. I will:
• Serve with integrity and be a responsible steward of taxpayer dollars and the natural environment.
• Treat everyone with respect, listen to understand, and promote civility, courtesy, and thoughtfulness in all interactions.
• Create an atmosphere where individual members, Town staff, and members of the community are free to express their ideas and work to their full potential. • Promote public and individual trust through honest and open practices and communications.
• Recognize and celebrate the diversity of our community through the pursuit of equal access, equal participation, and fair treatment for all. • Work collaboratively with others toward the common good in order to achieve innovative solutions for the public benefit.
• Maintain a balanced sense of community and quality of life through the protection and improvement of our natural and built environments.
• Respect the dignity and privacy of individuals and organizations. • Safeguard the community from the threats of natural, technological, or other threats to our safety and wellbeing.
• Avoid and discourage conduct which is divisive or harmful to the best interests of Hillsborough.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
15 PUBLIC HEARING
CITY COUNCIL MEETING
JANUARY 13, 2025
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION VACATING AN UNUSED PORTION OF EUCALYPTUS
AVENUE - A PUBLIC RIGHT OF WAY AND RESERVING TWO FIVE-FOOT-WIDE PUBLIC UTILITY EASEMENTS AT 300 EUCALYPTUS AVENUE PURSUANT TO CEQA GUIDELINE 15301
SUMMARY: A portion of Eucalyptus Avenue was accepted by the Town of Hillsborough for the purpose of a public right-of-way as shown in Map entitled “Stonegate Woods No. 1”, which was filed for record on February 5, 1963 in Book 57 of Maps, pages 45 and 46. This portion of right-ofway may have once been a cul-de-sac or a proposed parking bay that was never built, originally terminating in front of 300 Eucalyptus Avenue. The limits of the property lines of what appear to be the remnant cul-de-sac or parking bay are clearly visible on the exhibits included in the City Council agenda packet, provided by the requestors' surveyors which fully describe the remnant area. Although the original purpose of the acceptance and conversion of this portion of right-of-way is unknown, this section of Eucalyptus Avenue currently provides connecting access for local residents and emergency response vehicles between San Raymundo Road and Barroilhet and Ralston Avenue.
The total area proposed for vacation is 3,115 square feet as described on Exhibit A and shown on Exhibit B, which are included in the City Council agenda packet as the Legal Description and Plat Map, respectively. The current owner of the adjacent parcel at 300 Eucalyptus Avenue (APN 031- 351-190) has requested that the Town of Hillsborough vacate this portion of right of way. Vacating the right of way allows the owners of 300 Eucalyptus Avenue flexibility to make frontage improvements which are more compatible and consistent with the frontages of neighboring homes on Eucalyptus Avenue. This portion of right of way has historically been used as part of the private driveway for 300 Eucalyptus Avenue, in a layout consistent with the neighboring properties.
The Town has determined that this portion of right of way is unnecessary for public road purposes and no Town utilities are located within the subject area. Vacating this portion of the right of way would release the Town’s liability for future maintenance and the property line along the frontage of Eucalyptus Avenue would be consistent with the neighboring parcels and curvature of the roadway.
However, two five foot wide public utility easements are proposed to be reserved and dedicated along the new property line consistent with Hillsborough Municipal Code (HMC) Title 16. All utility companies that could potentially hold an interest in this right of way would be notified of the City Council’s decision. Within 30 days of the City Council’s action, any other utility company, if interested, could request a separate easement to be retained and recorded against the private -319-
Agenda Staff Report - Hillsborough City Council
January 13, 2025
property. It is unlikely that a utility company would decide to re-route or install new main line facilities within this irregular shaped right-of-way area.
The Town may choose to vacate this portion of right of way pursuant to the Street Vacation Act, California Streets and Highway Code, 8324a and 8324b.
Section 8324 (a): At the hearing, the legislative body shall hear the evidence offered by persons interested.
Section 8324 (b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied.
The Town may choose to reserve the two five foot public utility easements pursuant to the Street Vacation Act, California Streets and Highway Codes 8340a and 8340c.
Section 8340(a): A public entity may reserve and except from the vacation the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.
Should the City Council accept the vacation, the Town would relinquish its rights to use the 3,115 square feet of land at the subject location, and a title company would then determine proper disposition of the relinquished area which may revert to the owner of 300 Eucalyptus Avenue. With the addition of the vacated parcel, the frontage and right of way of 300 Eucalyptus Avenue would be realigned with the neighboring parcels and consistent with the intent of the current roadway alignment. Additionally, the Town and other utility companies would have access to the five-footwide public utility easements, for current and future maintenance, operation, removal and replacement of their facilities. Future actions to merge the vacated area with the 300 Eucalyptus Avenue parcel and recordation of additional easements would be handled administratively by the City Engineer through a parcel map recordation.
Notices for the public hearing have published, posted, and mailed pursuant to Street Vacation Act, California Streets and Highway Code, Section 8320(b), 8322, and 8323, and the Hillsborough Municipal Code.
FISCAL IMPACT: This action will not create any new financial responsibility for the Town. -320-
Agenda Staff Report - Hillsborough City Council
January 13, 2025
ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15301 as it involves the minor alteration of an existing public street to vacate portions of the public right of way involving no expansion of current use.
ATTACHMENTS:
1. Resolution
2. Exhibit A – Legal Description
3. Exhibit B – Plat Map
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION:
1. Open the public hearing and receive comments;
2. Close the public hearing; and
3. Adopt the resolution vacating an unused portion of Eucalyptus Avenue – a public right of way and reserve two five-foot-wide public utility easements at 300 Eucalyptus Avenue -321-
RESOLUTION NO. 25-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH
VACATING AN UNUSED PORTION OF EUCALYPTUS AVENUE - A PUBLIC RIGHT
OF WAY AND RESERVING TWO FIVE-FOOT-WIDE PUBLIC UTILITY EASEMENTS AT 300 EUCALYPTUS AVENUE PURSUANT TO CEQA GUIDELINE 15301 WHEREAS, the Town of Hillsborough (“Town”) holds a right of way for street and highway purposes for a portion of the public right of way on Eucalyptus Avenue consisting of approximately 3,115 square feet in area as more specifically described and depicted in the attached Exhibit A and Exhibit B (“Vacation Area”); and
WHEREAS, the Town is authorized to vacate all or part of a public street or public service easement within the Town pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code, Section 8300 et. seq.); and
WHEREAS, the Town has determined that the subject portion of right of way located in the Vacation Area to be in excess; and
WHEREAS, the Town has determined that the Vacation Area is not required for present or prospective use for street or highway purposes due to development patterns in the vicinity of the right-of-way; and WHEREAS, the Town has determined that the Vacation Area is not required for any other public circulation use such as pedestrian, bikeway, or other nonmotorized transportation access; and
WHEREAS, Section 8340(c) of the Streets and Highways Code requires that unless public convenience and necessity require otherwise, the Town must reserve and except from the vacation any easement and right necessary to maintain, operate, replace, remove and renew public utility facilities; and
WHEREAS, no Town or other utility company owned utilities are located within the Vacation Area; and
WHEREAS, two five-foot-wide public utility easements will be reserved within the Vacation Area as depicted in the attached Exhibit B (“Easements”); and WHEREAS, the reservation of the Easements are made pursuant to the requirements of California Streets and Highways Code, Division 9. – Change of Grade and Vacation, Part 3. – Public Streets, Highways, and Service Easements Vacation Law (Streets & Highways Code Sections 8300 et seq.), Chapter
5. – Reservation and Preservation of Easements; and
WHEREAS, pursuant to Streets and Highways Code section 8320, the City Council scheduled a public hearing for January 13, 2025, and gave the public -322-
ATTACHMENT 1
2 notice and a reasonable opportunity to appear at said hearing and be heard on the matter of the proposed vacation; and
WHEREAS, said hearing has been held by the Town and the public was afforded the opportunity to be heard on said matters; and
WHEREAS, pursuant to Streets and Highways Code section 8313, the City Council finds the vacation is consistent with the General Plan; and WHEREAS, General Plan Policy LU-1.1 states “maintain the character of the Town’s neighborhoods”. Consistent with General Plan Policy LU-1.1, vacating this portion of right of way creates a front property line at 300 Eucalyptus Avenue that is more consistent with the neighboring properties; and WHEREAS, General Plan Policy LU-1.2 states “promote property and landscape improvements and maintenance”. Consistent with General Plan Policy LU1.2, vacating this portion of right of way creates a front property line at 300 Eucalyptus Avenue that will allow the property owners to construct landscape improvements more consistent with the neighboring properties; and
WHEREAS, General Plan Policy LU 4.8 states “work closely with providers of energy, communications and solid waste disposal in determining and meeting the needs of the community for energy, communications and solid waste disposal.”. Consistent with General Plan Policy LU-4.8, reserving the Easements will allow other utilities companies to provide needed services to the community; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, staff recommends accepting the vacation of the unused portion of Eucalyptus Avenue Public Right of Way and reserving two five-foot-wide public utility easements at 300 Eucalyptus Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby as follows:
1. Finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
2. Finds, based on all the evidence submitted, that the subject portion of right of way located in the Vacation Area, depicted and described in the attached Exhibit A and Exhibit B, is not necessary for present or prospective public use and is hereby vacated.
3. The two five-foot-wide public utility easements, depicted and described in the attached Exhibit B, are hereby reserved.
4. The City Clerk is hereby authorized and directed to record a certified copy of this resolution, attested by the City Clerk under seal, with the County Recorder of the County of San Mateo.
-323-
3 Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 13th day of January 2025, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-324-
-325-
-326-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
16 OLD BUSINESS
CITY COUNCIL MEETING
JANUARY 13, 2025
AGENDA STAFF REPORT
ITEM SUBJECT: 40 BAYWOOD AVENUE PROPERTY DONATION UPDATE PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: At the November 12, 2024 City Council meeting, staff presented the following staff report for consideration by the City Council and received direction to bring back this item at the January 2025 City Council meeting with additional information provided by the trustee. The information requested and information received to date is summarized below:
City Council Request: Audited financial statements related to the trust and/or endowment that would accompany the property donation.
Status: The Town has not received audited financial statements. We have received partial operating costs but are not inclusive of any management fees charged to the trust.
Response from the Trustee: “The City Council is not a beneficiary of the trust, and the trust does not account to the Town. The potential gift to the Town is the property in the beautifully restored condition it is in. Therefore, the assets in the trust when Terry passed away and the assets remaining today are not relevant.”
Staff note: If there is no endowment or funds to accompany the property maintenance and capital expenses, the historical financial analyses will need to be revised to reflect this, as it is anticipated that the property would not generate enough income to offset the property expenses, requiring ongoing contributions from the Town in perpetuity.
City Council Request: Building permit history related to property improvements made, both on the Hillsborough and San Mateo parcels.
Status: The Town has not received any information related to building permits from the trustee, the only information available is what was filed with the Town. Any improvements completed without permits or any improvements completed on the San Mateo parcel have not been disclosed to the Town.
Response from the Trustee: “It is probably best for you to work with your building department regarding the work done on the Hillsborough property.”
Finally, the City Council requested attendance by the trustee at the January meeting. As of December 18, 2024, the trustee has confirmed attendance at the meeting. -327-
Agenda Staff Report - Hillsborough City Council
January 13, 2025
Previously, the subject of 40 Baywood was last discussed at a City Council meeting on November 13, 2023. The item was discussed under the title, “40 Baywood Avenue Property Donation Update.” The City Council reviewed a proposed lease agreement offered by the trustee of the Lilienthal Family trust, who has taken control of the property since the property owner has passed away. The trustee has reached out to Town officials several times to discuss the Town’s future involvement in the property.
BACKGROUND
Prior to the 2023 discussion, the subject of 40 Baywood was last discussed at a City Council meeting on July 13, 2020. The item was discussed under the title, “Property Donation – 40 Baywood Avenue.” The nature of that discussion was to review additional financial information (revenue projections and expenditures) as a follow up to prior discussions related to the property donation to the Town. The direction to staff given at that meeting was “to begin to take the steps necessary for potential future acceptance of the donation of 40 Baywood by working with the donor’s representatives to develop the conditions of the deed restrictions for the property; developing a Landscape Master Plan in collaboration with the donor; initiating the formation of a “Friends of the Property” committee; and establishing preliminary discussions with potential partners.”
PROPOSED LEASE
At the November 13, 2023 meeting, the trustee proposed a lease option to the Town in the amount of $1 per year for 99 years. The terms included restrictions on the amount of space the Town may utilize, allowing the “Friends of 40 Baywood” group to utilize the property, required the Town to pay the Charity the cost to maintain the property (including property taxes, insurance, repair, replacement, landscaping, gardening, etc.), and requested that the Town re-zone the Property to allow for the Charity to use the property for events (conferences, public meetings, classes, charitable events, and private functions). See Attachment 1 for the full list of general lease parameters.
In addition to the lease parameters, the trustee provided information related to operating costs of the property, “The ongoing monthly costs to maintain the Baywood Property totals approximately $16,500, and includes but not limited to gardening, koi pond maintenance, utilities, water, cable and garbage, security, pest control and insurance. Note that there will be added costs such as arborist work and other work associated with a property of this size.
The above includes the property taxes as of the date of Mrs. Lilienthal’s death. While the Trustee believes that a lease to the Town of Hillsborough would not increase the property taxes for that parcel, it is likely that a lease of the San Mateo parcel to the Town of Hillsborough would result in a reassessment. If that were to occur, the property taxes and assessments for that parcel could be at least $125,000 per year and possibly more.”
Town staff reviewed the proposed lease terms and recommended that City Council not pursue the lease agreement as it was not in keeping with the residential nature of the Town and not in compliance with the existing permitted uses for the zoning designation of the property. The City Council directed staff not to pursue the lease agreement offered to the Town. -328-
Agenda Staff Report - Hillsborough City Council
January 13, 2025
NEW PROPOSAL
On October 17, 2024, the trustee submitted proposed terms of gifting 40 Baywood to the Town of Hillsborough (Attachment 2). On November 6, 2024, the trustee provided revised terms:
1. 40 Baywood/the Lilienthal Estate (both San Mateo and Hillsborough parcels) may never be sold, divided or developed by the Town.
2. The Town will be responsible for all property taxes that may be assessed for both the Hillsborough and San Mateo parcels. The Town will pay to maintain the grounds, trees, pond, koi fish, house, Library, garage, Mrs. Lilienthal's art, books and all furnishings in its current state or better. (The Town will not own the art, china, silver or any family heirlooms. They are Lilienthal Trust Assets meant to be on display in the house for public viewing and historical purposes.) The Town will be solely financially responsible for all maintenance, repairs, capital improvements, taxes, HOI, umbrella coverage, a sufficient liability policy and all other normal expenses of ownership.
3. Property is available for the benefit of the community.
4. The Town will assist with and support the trustee's applications to local and national registries for historic places and for preservation recognition.
5. Friends of 40 Baywood is a non-profit organization which has been formed to support the property and programs at 40 Baywood. The organization is looking to form a Memorandum of Understanding with the Town that is mutually agreeable.
Staff has not fully analyzed the proposed terms for any legal or financial impacts to the Town.
Before expending any additional public funds or staff time on this issue, staff is seeking City Council direction on whether or not to proceed with any further analysis.
PRIOR ANALYSIS
As part of the July 13, 2020 staff report, staff conducted a preliminary analysis of the anticipated costs of managing the property. The staff report and associated exhibits are contained as part of Attachment 3.
At the time of the analysis, staff expected that managing the property would require an ongoing commitment of between $300,000 to $500,000 annually depending on the number of events held and anticipated rental revenue. Additionally, there was an expectation that every ten years there would have been $500,000 in interest income from the endowment at that time which could help fund major capital improvements such as re-roofing, landscaping, equipment replacement, or other capital projects. The most recent proposed gifting terms make no mention of any endowment or interest income being available to the Town, therefore, it can be expected that the capital costs would require additional funding beyond the initial expectation of $300,000 to $500,000 annually. -329-
Agenda Staff Report - Hillsborough City Council
January 13, 2025
The proposed gifting terms contain significant costs and liabilities that have not been fully analyzed by the Town. The trustee has provided an itemized list of expenses from this calendar year, January 1, 2024, through September 30, 2024, of $101,721 but this does not include any fees charged by the trustee to manage the trust. This information has been requested by the Town but not provided.
Staff is looking to City Council to provide direction on whether or not further staff time and resources should be allocated to this effort before moving forward.
FISCAL IMPACT: There is no fiscal impact associated with this agenda item at this time.
ENVIRONMENTAL ISSUES: The proposed discussion and direction on this item are 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:
1. Proposed Lease Terms (November 2023)
2. Proposed Terms of Gifting 40 Baywood to the Town of Hillsborough (October 17, 2024)
3. July 13, 2020 Staff Report with Financial Analysis
PREPARED BY: Doug Davis, City Manager
RECOMMENDATION: Discuss and provide direction to the City Manager regarding 40 Baywood. -330-
2106841.1
General Lease Parameters
Below are the general parameters for a lease from Friends of 40 Baywood (“Charity”) to the Town of Hillsborough (“Town”).
1. The Town leases the Hillsborough parcel (“Property”) for $1 per year for ninety-nine (99) years.
2. The Town may use up to five (5) of the bedrooms for temporary sleeping quarters for firepersons and police offices to use when they have back-to-back shifts (at least 3 of the bedrooms) and or for other Town uses. The Hillsborough Beautification Foundation may use one of such bedrooms at the discretion of the Town.
3. The Town may use the Property for Town meetings and related functions.
4. The Town shall have no right to sub-divide and or develop the Property and shall have no right to modify the Property including but not limited to the structures contained within the Property.
5. The Charity may conduct tours of the Property, but such tours shall not include access to the bedrooms and offices used by the Town.
6. The Property (excluding the house on the Property) may be open to the public at different times for picnics and other such uses.
7. The Property (exclusive of the five (5) bedrooms above used by the Town) may also be used by the Town for education classes, seminars, and other Town functions.
8. The Charity may create and operate a gift shop, concessions, museums, or similar purposes on portions of the Property (other than in the bedrooms used by the Town).
9. The Charity may use the Property (other than the bedrooms used by the Town) for educational purposes, presentation, school functions, building a sense of community, etc.
10. The Charity and or the Town (and its affiliated agencies) may use the Property (exclusive of the bedrooms used by the Town) for events such as, conferences, public meetings, classes, charitable events, limited private functions, and other similar purposes. All such events shall take into account the noise and the time of the day so as to not unreasonably impact neighboring property owners. The use by the Town for such events as set forth above shall include the Town’s use of the adjacent parcel owned by the Charity. Permits will be obtained prior to such events.
11. The Town shall not sublet all or any portion of the Property and shall not assign the lease.
ATTACHMENT 1
-331-
2106841.1
12. The Property shall not be improved with additional housing.
13. The Town shall pay to the Charity the cost to maintain the Property and the adjacent parcel in San Mateo, including but not limited to any property taxes, insurance, repair, replacement, landscaping, gardening, etc.
14. The Charity may provide funding for capital improvements and major repairs to the structures and grounds from time to time, at the discretion of the Charity. The intent as expressed in the Lilienthal Trust is for the Property to be self-sufficient.
15. The Town shall zone the Property to allow for the above-described uses and permits shall be available for such uses at nominal charge.
16. The Charity shall have the right to store art, furniture, furnishings, photos and other memorabilia in the house and some of these items shall only be accessible by the Charity. -332-
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ATTACHMENT 2
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-269- -334-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
18 OLD BUSINESS
CITY COUNCIL MEETING
JULY 13, 2020
AGENDA STAFF REPORT
ITEM SUBJECT: PROPERTY DONATION – 40 BAYWOOD AVENUE
SUMMARY: On June 8, 2020, the City Council discussed the proposed donation of the property at 40 Baywood Avenue to the Town of Hillsborough. The City Council requested additional financial information (revenue projections and expenditures) and an opportunity to tour the site.
The representatives of the property provided site tours for interested Councilmembers in June and staff has prepared a financial projection for operation of the property.
In August 2019, the donor had initially approached the City of San Mateo and then the Town of Hillsborough to jointly own and manage the property. The 3.24 acres contain two parcels split between the two jurisdictions and contain a main house, which is a roughly 7,000 square foot building on 1.34 acres in Hillsborough and landscaped grounds in San Mateo on 1.9 acres. The property is surrounded by single-family residences in both San Mateo and Hillsborough.
On April 27, 2020, the City of San Mateo City Council decided to decline the donation of the property. Representatives of the property and the Town of Hillsborough have met to discuss the donation solely to the Town. The property, at a time in the future, would be donated to the Town with deed restrictions that:
1. Preserve the house and grounds (e.g., landscaping, koi pond and outbuildings)
2. Respect the residential character of the neighborhood (e.g., no multi-family or commercial redevelopment)
3. Provide recreational space for quiet enjoyment by members of the community
4. Provide for funds for capital improvements through a trustee-managed endowment fund
5. Ensure the property is well-maintained and secured
The potential programming on the site could include:
Supervised public access
House and garden tours
Classes in yoga, art, meditation, botany, gardening, etc. Catering kitchen for small private events and weddings Charity events
Community meetings
Small community luncheons/teas
Yoga or writer’s retreat or conference
Partial use of space for offices for Town services or break quarters for public safety personnel The property is well maintained and in good condition with recent renovations to the landscaping and outdoor spaces. However, to support public use some improvements would likely be required to address safety and access issues regarding Americans with Disabilities Act (ADA) regulations. -
ATTACHMENT 3
-335-
Agenda Staff Report – Hillsborough City Council
July 13, 2020
The donor has indicated that they would make the safety and public access improvements to the property prior to the donation in collaboration with the Town. The Town would coordinate with the representatives to ensure compliance with public access health and safety regulations. The donor is also proposing to install a new kitchen to support the needs of small events and possibly a deck near the koi pond.
Staff would recommend that a Landscape Master Plan (Plan) for the site be completed with a seismic evaluation of the home and other structures. The Plan would include ADA accessibility, circulation and parking (which might include a two lane entry/exit), and other health and safety requirements (e.g., a koi pond barrier utilizing a historic design, fire suppression system). The Plan would provide a guide for phasing work and could allow for tiered use on the property.
The proposed donation would be made after the donor’s passing and after the trustee has completed the capital improvements that the donor wants to make. Some of these improvements (e.g., fencing and removal of distressed outbuildings) have been completed or are in process.
Staff has explored three tiers of use in keeping with the donors’ vision:
1. Base Level Activation: The garden is open to the public during scheduled days and times with on-site parking, ADA accessibility (e.g., pathways, parking and restrooms) and safety signage/barriers. The house could be used by staff, but not open to the public.
2. Outdoor Program Development: Adds new outdoor program areas and activates some on-site structures as support facilities. Involves improving the less developed open areas with droughtresistant planting or perhaps educational demonstration garden beds, or community garden beds.
In all cases, pathways and irrigation improvements may be expected. Adds some event facilities near the house (e.g., arbor, seating area, etc.).
3. Full Activation: The first floor of the house is activated and accessible for public events (e.g., meetings, classes and small events). The first floor is ADA accessible and the kitchen is upgraded for commercial use with fire sprinklers, furnishing and fixtures (e.g., lighting and signage).
Base Level Operational Costs
Staffing: Site Manager/Gardener/Housekeeping ($150,000 - $300,000)* $ 150,000 Supplies, equipment, other facilities $ 75,000
Utilities, insurance, supplies, administrative support (finance) $ 105,000 $ 330,000
*Staffing cost could be offset by housing in lieu of compensation (manager/gardener) Revenue: Events and gifts $ 50,000
Full Outdoor Activation – Additional Programming Costs
Staffing: Program Manager $ 125,000
Utilities (additional irrigation although offset by well) $ 15,000 --336-
Agenda Staff Report – Hillsborough City Council
July 13, 2020
Marketing and outreach for programming $ 30,000
Supplies and equipment (programming) $ 40,000
$ 210,000
Revenue: Events, rentals and gifts $ 150,000
Full Activation – House and Outdoor
Catering Manager $ 100,000
Housekeeping $ 75,000
Supplies and equipment $ 25,000
Outreach and publicity $ 15,000
Additional facility and grounds maintenance $ 20,000
$ 235,000
Revenue: Events, rentals and gifts $ 325,000
Revenue Sources: Admission fee, event rental fees, other rent (caterer), annual fundraising and partnership with a foundation or club. Event income and fundraising income are essential elements of the operation of a historical property.
Staff anticipates a major capital project every ten years after the initial capital for public access is completed prior to the property donation. The property representatives indicate that projected interest from the endowment could provide approximately $500,000 every ten years for re-roofing, landscaping, code compliance, equipment replacement or other capital projects.
Community Engagement: The property is in a residential neighborhood and staff would recommend the formation of a “Friends of the Property” committee comprised of Hillsborough and San Mateo neighbors that would provide input on programming and support (gifts/campaign).
Additionally, partnerships with foundations or clubs would be essential for developing funding strategies and building community.
Staff and the donor’s advisors have met with several neighbors who support the future use of the property as outlined. Use of the property would have to be sensitive to the neighbors, including managing noise, parking, and hours for events.
Town Facility: The Town has limited facilities and outdoor spaces for community recreation, community meetings and Town office space. The donation of this property would expand the facilities that the Town could provide to the community and adds the potential for office space or break quarters for public safety personnel.
FISCAL IMPACT: It is anticipated that the ownership and operation of this property would require an ongoing commitment of funds from the Town’s General Fund of $300,000 -$500,000 annually, depending on the number and type of events that are held. Staff with the assistance of community volunteers would need to be diligent in securing revenue from user fees, event rental fees, and other types of rent (caterer), and build an annual fundraising program and develop partnerships with foundations or clubs. Event income and fundraising income would be essential to the -337- -
Agenda Staff Report – Hillsborough City Council
July 13, 2020
operation of this property and to ensure community access. The details of the financial assumptions and projections are included in the City Council agenda packet.
Given the current COVID-19/Shelter in Place economic circumstances, it is imperative that the Town consider the benefits and risks that this opportunity presents. The representatives have indicated that the transfer of title will not occur until the upgrades for access, health and safety are completed and that timeline could be several years. With three or more years to plan, the Town can mitigate economic impacts, develop fundraising strategies and partnerships, and assess the long-term impact of COVID-19 on the Town’s operating budget.
ENVIRONMENTAL ISSUES: The proposed action by the City Council is to provide direction to the City Manager to begin the steps necessary for studying the feasibility of a potential deed restriction, landscape master plan, a committee, and early discussions with potential partners on the future actions the City Council may take and consider but that are not requested to be approved or funded at this time. On this basis, the City Council’s proposed action is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15262 as a feasibility study for possible future actions which the City Council has not approved, adopted, or funded. No action by the City Council would have any legally binding effect on later activities and thus CEQA Guideline 15162 is applicable and the City Council’s action is exempt from CEQA.
ATTACHMENTS:
1. Benchmarks – Historic Homes
2. Aerial of 40 Baywood Property
3. Financial Projections and Assumptions
PREPARED BY: Ann Ritzma, City Manager
RECOMMENDATION: Move to direct staff to begin to take the steps necessary for potential future acceptance of the donation of 40 Baywood by: 1) working with the donor’s representatives to develop the conditions of the deed restrictions for the property; 2) develop a Landscape Master Plan in collaboration with the donor; 3) initiate the formation of a “Friends of the Property” committee; and 4) establish preliminary discussions with potential partners (e.g., clubs, foundations or historical groups).
--338-
BENCHMARKS – HISTORIC HOMES
Facility,
location, acres
Operational
type
Year
open to
public
Programs Annual
operating cost
(year)
Annual gifts
(year)
Filoli,
Woodside, 654
acres (16 acres
house and
garden)
Local
nonprofit
operates for
National
Trust
1976 Tours, school
programs, hikes,
special events,
rental events (120 in
2018)
$7.2m (2017) $1m (2017),
Total revenue
$7.9m (2017)
Gamble
Gardens, Palo
Alto, 2 acres
house and
gardens
Local
nonprofit
operates for
City of Palo
Alto
1985 Open access sunrise
to sunset, gardening
classes, rental
events
$730k (2017) $800k (2017)
Total revenue
$1.9m (2017)
Hidden Villa,
Los Altos Hills,
1600 acres
Local
nonprofit
(private
trust)
1970 Hiking, summer
camps, CSA, youth
hostel, internships,
educational events,
school programs
$3.9m (2017) $3m (2017),
Total revenue
$4.8m (2017)
Hakone Estate
and Garden,
Saratoga, 16
acres
Local
nonprofit
operates for
National
Trust
2000 Paid admission,
picnicking, rental
events, exhibits,
classes, tea
ceremonies
$1m (2017) $308k (2017),
Total revenue
$1.1m (2017)
Villa Montalvo,
Saratoga, 175
acres (2 acres
house and
grounds)
Local
nonprofit
1930 Open access to
grounds, hiking,
theater, music
performances, artist
residencies, rental
events, classes,
school programs
$6m (2018) $3.7m (2018),
Total revenue
$6.5m (2018)
HolbrookPalmer Park,
Atherton, 22
acres
City Park and
nonprofit
foundation
1968 Open access,
recreation, rental
events, preschool
$500k (2015) $72k (2015),
Total revenue
$200k (2015)
Rengstorff
House,
Mountain View
City of
Mountain
View
1991 in
current
location
Tours, rental events
(520 in 2018)
--339-
--340-
1 FINANCIAL PROJECTIONS:
1. Base level activation: garden open to public during daylight hours with on-site parking, ADA accessibility and restrooms. House may be used by staff but not open to public.
2. Outdoor program development: adds new outdoor program areas and activates some on-site structures as support facilities.
3. Full activation: first floor of house activated and accessible for public events. “Open to the public” is explored further below in operations. Capital costs will be similar whether the property is open once a month or 365 days a year as they are largely related to code requirements.
Tier 1 Base Activation Capital Improvements
Scope Estimated cost Assumptions
Design fees (landscape architect
and architect)
Demolition of outbuildings Could be deferred
Construction of on-site parking 15 cars; two handicapped Alterations to gated entrances To accommodate emergency vehicles and two car width
Signage At each gate and three
interpretive panels in garden
Improvements to pathways for
ADA accessibility
Fencing of rear property line
Addition of safety
railings/fencing at Koi Pond
Improvements to irrigation
systems
Pending inspection of existing
systems
Improvements to site lighting For security and staff use Rehabilitation of existing garage
structure for restrooms or
construction of a new restroom
building
Minimum of two ADA accessible
unisex restrooms
--341-
2 Tier 2 Full Outdoor Activation Additional Capital Improvements This focuses on improving the less developed City of San Mateo with drought-resistant planting or perhaps educational demonstration garden beds, or community garden beds. In all cases, pathways and irrigation improvements may be expected. Adds some event facilities near the house (e.g. arbor, seating area, etc.).
Scope Estimated cost Assumptions
Design fees
Construction of additional ADA
accessible paths
Construction of new garden
planting areas (with irrigation)
Improvements to outdoor event
facilities
Improvements to detached
studio building for program
support
Additional site lighting
Tier 3 Full Activation Additional Capital Improvements
First floor of house in use for meetings/classes/small events. One first floor staff office would be needed; second floor could support additional staff offices.
Scope Estimated cost Assumptions
Design fees
ADA ramp First floor of house would be
ADA accessible
Kitchen upgrade Commercial kitchen to support
on-site events
ADA restroom on first floor One ADA accessible unisex
restroom; minor improvements
to second restroom
Fire sprinklers
Other interior demolition May be needed pending further study
Furnishing/Fixtures/Equipment Includes lighting and interior signage
--342-
3 Operational Costs
Tier 1 Base Activation Operational Costs [Approx. $525,000 or $330,000 with in lieu] Item Estimated cost (annual) Assumptions
Salary (and benefits): Site
Manager
$150,000 May offer housing in lieu of
compensation
Salary: Gardener $100,000 May offer housing in lieu of
compensation
Salary: Housekeeping $75,000
Payroll taxes
Utilities $30,000
Insurance $15,000
Supplies and equipment $60,000
Depreciation, amortization, etc.
Other facilities and grounds
maintenance
$75,000
Accounting and financial
services
$20,000
Total $525,000+
Tier 2 Full Outdoor Activation Additional Operation Costs [Total costs $700,000 - $1,000,000] Item Estimated cost Assumptions
Salary: Program Manager $125,000
Payroll taxes
Utilities $15,000 Increased irrigation; may be
offset by well
Insurance $25,000
Supplies and equipment $40,000
Outreach and publicity $30,000 For events and classes
Accounting and financial
services
$10,000
Other facilities and grounds
maintenance
$40,000
Total additional costs $285,000+
--343-
4 Operational Costs
Tier 3 Full Activation Additional Operational Costs [Total costs $1,180,000 - $1,300,000] Item Estimated cost Assumptions
Salary: Catering manager $100,000 Likely offset by fees Salary: Housekeeping $75,000 Indoor events will require more cleaning
Payroll taxes
Insurance $10,000
Utilities $10,000
Supplies and equipment $25,000
Outreach and publicity $15,000
Accounting and financial
services
$15,000
Other facilities and grounds
maintenance
$20,000
Total additional costs $270,000+
Potential Revenue Sources
Development fees and penalty payments
Admission fees
Event rental fees
Other rent (offices, caterer)
Investment income (endowment)
Annual fundraising
Support or partnership with HBF or HGC
--344-
5 Projected Operational Costs/Revenue (20-year scenario) Assumptions:
Includes capital project expense that may be completed by donor prior to transfer Escalates income and expenses annually, with capital projects every five years. Assumes Tier 1 operation in years 1-4, Tier 2 years 5-9 and Tier 3 in year 10. Major capital repair every ten years after initial capital for public access in first year.
Re-roof, koi pond equipment, landscaping, trees, accessory buildings, code compliance – electrical, HVAC, etc.).
Conservative assumption of a flat contribution from public funds of $500k/year although that amount could be offset by “in lieu” on-site housing. Most years run a modest surplus, which could be the basis of the maintenance reserves. Event income and fundraising income are critical elements in the model. If there are gifts, a lower level of event programming can be sustained. Based on the benchmarks with other historical properties, the fundraising may be achievable in Hillsborough.
Other considerations:
Landscape Master Plan for “vision” and phasing of capital projects Seismic evaluation of home and other structures
ADA accessibility
Circulation and parking
Conformance with General Plan
Health and Safety – security fencing, koi pond barrier/historic design, fire suppression system --345-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
17 NEW BUSINESS
CITY COUNCIL MEETING
JANUARY 13, 2025
AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ADOPTING THE TOWN OF HILLSBOROUGH 2025
LEGISLATIVE PLATFORM
SUMMARY: A legislative platform is made up of policy statements, adopted by the City Council, that provides the framework for a local agency to respond to legislative issues of importance in a timely manner. The intent of the Hillsborough Legislative Platform is to convey to state legislators, policymakers, and the public where the Town stands on important policy issues. This platform provides the direction needed for the Town to engage on state initiatives that affect the Town’s key priorities, programs, and/or operations.
The Town’s legislative consultant, California Public Policy Group (CPPG), previously known as Renne Public Policy Group (RPPG), provides full lobbying services, including:
• Tracking state legislation and provide priority state legislative tracking documents regularly to the Town.
• Drafting legislative language and talking points or other advocacy materials on legislation, as necessary.
• Preparing position letters reflective of the Town’s adopted legislative position to members of the state legislature, executive branch, and other officials in State government as needed. • Testifying at the direction of and on behalf of the Town at hearings before legislative committees. • Preparing written testimony for Town officials who wish to testify before legislative committees. • Regularly communicating with Town staff to assess legislative options, analyze legislation and discuss policy objectives including review and input into the Town’s legislative policy platform.
The Town has adopted a legislative platform annually since 2022. By adopting a legislative platform, the Town enhances its capacity to monitor, analyze and respond to complex and swift moving legislation. Near the end of the legislative session each year, hundreds of bills are amended and move quickly through the process. Many of these bills have detrimental effects on public agencies. A legislative platform and policy allow advocates to quickly educate lawmakers in Sacramento on how legislation will impact the Town of Hillsborough. Councilmembers were invited to meet with representatives of California Public Policy Group individually to discuss legislative issues that may impact the Town.
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Agenda Staff Report - Hillsborough City Council
January 13, 2025
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.
ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.
ATTACHMENTS: Resolution and Exhibit A Legislative Platform PREPARED BY: Mandy Brown, Assistant City Manager
RECOMMENDATION: Adopt the resolution adopting the Town of Hillsborough 2025 Legislative Platform.
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RESOLUTION NO. 25-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ADOPTING THE TOWN OF HILLSBOROUGH 2025 LEGISLATIVE PLATFORM WHEREAS, the Town of Hillsborough (“Town”) desires to convey to state legislators, policymakers and the public where the Town stands on important policy issues; and
WHEREAS, a legislative platform provides direction for the Town to engage state initiatives that affect the Town’s key priorities, programs and/or operations; and
WHEREAS, a legislative platform and policy allow advocates to quickly educate lawmakers in Sacramento on how legislation will impact the Town; and WHEREAS, by adopting a legislative platform (attached hereto as Exhibit A), the Town will enhance its capacity to monitor, analyze and respond to complex and swift moving legislation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby adopts the Town of Hillsborough 2025 Legislative Platform.
Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 13th day of January 2025, by the following vote of the members thereof:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
2025 LEGISLATIVE PLATFORM
PURPOSE
The Legislative Platform confirms the City Council’s position on current issues with the potential to directly or indirectly impact the Town. The legislative platform is a guiding document that the Town will continue to work with constituents, consultants, and elected representatives to promote and preserve the Town’s interest at the State level.
Each year, the City Council will consider modifying its platform by taking into consideration emerging and ongoing legislative trends, issues emerging locally that may require state policy reforms, Council’s annual strategic priorities, or other factors deemed appropriate by the Town to ensure its policy statements reflect the direction of the Council.
Below are the Guiding Principles and Policy Statements that will allow staff to address legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.
GUIDING PRINCIPLES
I. STRATEGIC PRIORITIES
Support measures that enhance the ability for Council to achieve its strategic priorities. Oppose legislation that seeks to undermine the ability for Council to enact its long-term mission and vision for the Town of Hillsborough.
II. PRESERVE LOCAL CONTROL
Preserve and protect the Town’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs, local land use and oppose legislation that preempts local authority. Local agencies should preserve authority and accountability for revenues raised and services provided.
III. PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve the Town’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the County, State or Federal Governments and/or make local agencies more dependent on the County, State or Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits.
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EXHIBIT A
Adopted ______, Resolution No. 25- 2
LEGISLATIVE PLATFORM STATEMENTS
Administration, Finance, Human Resources and Risk Management • Support maximum flexibility for local government in contracting and contract negotiations.
• Support legislation that promotes efforts to advance workplace diversity, equity and inclusion.
• Support legislation that facilitates the ability of local government to share resources to increase efficiencies and decrease costs, including local efforts to address regional management of fire services.
• Monitor and evaluate Proposition 13 and Town and county tax apportionment proposals.
• Monitor and evaluate all proposals that include an unfunded mandate to local governments.
• Support long term statutory solutions to adequately reimburse cities from the Vehicle License Fee (VLF) Swap of 2004 as well as short term, temporary adjustments.
• Oppose measures that reduce local control over employee relations issues or mandate new or enhanced local government employer obligations. • Oppose measures that impose compulsory and binding arbitration with respect to employees.
• Support efforts to maintain fiscal solvency with respect to unfunded pension and retiree healthcare liability. Support efforts that decrease local costs. • Support effort that would lower the bond threshold to fund housing and infrastructure projects.
• Oppose efforts that seek to modify current constitutional protections for what constitutes a tax versus a charge as well as the manner in which local agencies and the public can place tax initiatives on the ballot. • Monitor and evaluate proposals on artificial intelligence pertaining to ethical considerations, privacy, and emerging technologies.
• Support measures that protect the Town’s ability to impose taxes, fees, and assessments under Proposition 218, including the ability of local agencies to impose fees and charges to mitigate housing impacts and to maintain local control of utility rate setting and oppose efforts to reduce local control over local taxing authorities.
• Support legislative and regulatory efforts to address the cancelation of fire insurance and continually increasing rates for those living in the Wildland Urban Interface. Support efforts to ensure a fair market cost to fire insurance for the Town’s residents.
Governmental Transparency and Public Access
• Support legislation that balances increased public trust, confidence and access to -351-
Adopted ______, Resolution No. 25- 3
public meetings while realizing the fiscal and operational constraints of local government.
• Support legislation that would increase civic participation and engagement including the allowance of legislative subcommittees, advisory committees, and commissions to participate virtually without physical location posting requirements under the Ralph M. Brown Act.
• Support legislation that would permit a minority amount of virtual council member participate without physical location posting, so long as a physical in-person quorum is present.
• Support state funding efforts to assist with enhanced public access for members of the community.
• Oppose legislation that would incentivize increased litigation by removing safe harbor provisions permitted in the California Voting Rights Act (CVRA). • Oppose legislation that drives up the cost of municipal elections through unnecessary new requirements.
• Monitor and evaluate proposals that create new mandates under the California Public Records Act without state reimbursement provisions. • Monitor and evaluate proposals that require a one-size-fits-all to local retention polices.
• Support modifications to Fair Political Practices Commission (FPPC) Form 700 filing requirements that take into account the differences between a full-service municipality and a primarily residential community.
Environment
• Support legislation that provides funding opportunities focused on coordinating sustainable planning practices in the areas of environment, transportation, and housing.
• Support legislation that would improve air quality and reduce the negative impact of noise and toxic substances.
• Support and advocate for polices that promote responsible use, collection and reduction in use of pesticides, herbicides and insecticides. • Monitor state polices that further the federal government’s evaluation and actions of flight paths as it relates to noise and health impacts to the community.
Solid Waste and Recycling
• Support measures that maintain and enhance local authority and economic flexibility to regulate solid waste and recyclables.
• Support legislation that facilitates development of local and regional recycling and composting facilities and collaborative solution to SB 1383 implementation.
Water Quality and Water Supply
• Support and monitor legislation that would increase the availability of, and funding for, water conservation, water reuse technologies, water recycling, local water -352-
Adopted ______, Resolution No. 25- 4
storage and other water supply technologies.
• Support the enhancement of a reliable and sustainable water supply for California. • Support measures to increase water supply and improve water quality in the region, including drought relief legislation.
• Support funding opportunities that are provided to local jurisdictions through past and future bond opportunities.
• Support legislation or regulatory efforts that reflects the realities of persistent drought conditions and impacts associated with reduced water supply including meeting state mandated regional housing needs assessment (RHNA) targets and other housing mandates.
• Oppose new fees on water that would not benefit ratepayers. • Support legislation that promotes water conservation while preserving the authority of local agencies.
California Environmental Quality Act (CEQA)
• Support all efforts to create efficiencies within CEQA and support local discretion and planning efforts to limit delays.
• Support legislation that prevents CEQA lawsuits from being filed for any reason other than a bonafide environmental impact.
• Support legislation that streamlines federal and state environmental review processes and limits court reviews of environmental documentation.
Land Use Planning and Housing
• Support efforts to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement plans for orderly growth, development, beautification, and conservation of local planning areas. • Support housing measures that promote the preservation of existing affordable housing and the development and enhancement of safe and affordable housing and accessible housing within the Town. Provide housing for all economic segments of the population, while still preserving local control and the unique character of the community.
• Support and advocate for legislation that permits regional collaborations to achieving housing production.
• Support funding for local jurisdictions when statewide bond efforts are proposed. • Oppose measures that would withhold funding dedicated to transportation funding unless proposed housing goals are being met.
• Oppose measures which would undermine Town adopted and established general plan, zoning and housing policies and plans.
• Oppose measures which undermine the planning vision of local government and contradict the expectations of our community.
• Support measures which support meeting the State’s planning goals while maintaining local control, ensuring communities evolve in a manner that reflects -353-
Adopted ______, Resolution No. 25- 5
the will of the residents and protects the public’s health, safety, and welfare. • Strongly oppose legislation that encourages increasing the housing density in High Fire Hazard Severity Zones.
Energy
• Support legislation that promotes the development and long-term sustainability of locally run Community Choice Aggregators (CCA).
• Support legislation that promotes ratepayer equity between CCA’s and other public and private electrical utilities.
• Oppose legislative attempts that shift wildfire costs associated with investor-owned utility-caused events to the Town and its residents.
• Support legislation that would promote workforce development training to further electrification from sustainable sources of energy.
Open Space, Parks and Recreation
• Support legislation and funding opportunities (e.g., federal and state park grant funds, conservancy grant funds, project mitigation funds, etc.) that helps cities build better, stronger communities by providing funding to improve air, water, parks, open space, natural resources, historic preservation, the arts and cultural resources.
• Promote local agency control over policies that recognize the benefits of open space, parks and recreation facilities.
• Oppose efforts that erode funding for vital regional and community services that negatively impact Californian's access to parks, open space, bike lanes, after school programming, youth services, senior services, food programs, facilities that promote physical activity, protect natural resources, and strengthen safety and security.
Public Safety/Police
• Support legislation that strengthens community-oriented public safety policies. • Support legislation that would increase accountability and transparency and law enforcement agencies and personnel.
• Support legislation that strengthens local law enforcement and encourages regional collaboration for deployment of resources and specialized taskforce operations.
• Support legislation that strengthens penalties for repeat property crime offenders. • Monitor legislation on implementation of best practices regarding law enforcement procedures.
• Support measures that protect children and youth from exposure to tobacco and tobacco related products such as e-cigarettes.
Fire Services
• Support legislation that provides funding and resources for promoting defensible -354-
Adopted ______, Resolution No. 25- 6
space within a Wildlife Urban Interface (WUI) area.
• Support legislation that encourages regional collaboration and deployment of resources to maximize firefighting efforts.
• Support local control of emergency medical services and ambulance services, including pre-hospital care and transport.
Transportation
• Support legislation that would increase funding for local transportation projects including road resurfacing projects, green infrastructure projects, adding bicycle lanes, sidewalks and trails throughout the Town where appropriate, programs that enhance pedestrian safety.
• Support increased State and Federal funding of transportation improvements with regional or sub-regional benefits for all modes of transportation. • Support protection of dedicated transportation-related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities. • Support joint planning efforts and projects with border cities on traffic congestion relief projects.
Public Works and Utilities
• Support funding for broadband middle and last mile expenditures. • Oppose measures that undermine local decision making in installation of broadband services.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
18 NEW BUSINESS
CITY COUNCIL MEETING
JANUARY 13, 2025
AGENDA STAFF REPORT
ITEM SUBJECT: RECEIVE 2025 COUNCILMEMBER REPRESENTATIVES TO TOWN AND
REGIONAL ASSIGNMENTS
SUMMARY: Mayor Cole will discuss the appointment of Councilmembers to Town, local, and regional committees, boards, and commissions.
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.
ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.
ATTACHMENTS: 2025 Councilmember Representatives to Town and Regional Assignments PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Receive the 2025 Councilmember Representatives to Town and Regional Assignments.
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2025 Councilmember Representatives to Town and Regional Assignments - Draft Cole Ragsdale Adams Chuang Krolik Notes
Building and Planning
X
Communications
X
Finance and Administrative Services
X
Fire
X
Police
X
Public Works
X
Sustainability
X
LIAISONS:Administrative Hearing Panel
X Meets as necessary.
Architecture and Design Review Board (ADRB)
X Meets 1st Monday of the month at 4 p.m.
Citizens Communication Advisory Committee (CCAC)
X Meets 2nd Tuesday of the month at 10 a.m.
Financial Advisory Committee (FAC)
X Meets at least four times per year.
GOVERNMENT BOARDS/COMMITTEES:Advanced Life Support (ALS) San Mateo County PreHospital Emergency Medical Services Group JPA XALT Meets in January, May and September.
Association of Bay Area Governments (ABAG) General
Assembly XALT
Meets at least once per year as part of the General Assembly Conference.
Bay Area Water Supply and Conservation Agency
(BAWSCA) Board of Directors
X
Councilmember Ragsale appointed 2/13/2023 to a term 7/1/23 to 6/30/27.
City/County Association of Governments of San Mateo
County (C/CAG) ALT
X Meets monthly.
Central County Fire Department (CCFD) Board XX Two Councilmembers serve.
Commute.org Board of Directors
X Five scheduled meetings each year.
Hillsborough Recreation Commission XX Two Councilmembers serve.
Peninsula Clean Energy (PCE) ALT X Meets 4th Thursday of the month at 6:30 p.m.
SFO Airport/Community Roundtable
X Generally meets the 1st Wednesday of the month at 7 p.m.
San Mateo Operational Area Emergency Services
Organization (Emergency Services Council) XALT Meets quarterly.
SamTrans Board of Directors Central Judicial Cities Seat (City Selection Committee appointment)
X
Term 1/1/2023 - 12/31/2026. Meets 1st Wednesday of the month at 2 p.m.
South Bayside Waste Management Authority (SBWMA) XALT Meets 4th Thursday of the month at 2 p.m.
LIAISIONS TO COMMUNITY ORGANIZATIONS: Hillsborough Beautification Foundation (HBF) ALT X
Hillsborough Concours d'Elegance ALT X
Hillsborough Neighborhood Network Steering Committee XX Memorial Day Parade XX
Firewise
X
SPECIAL PROJECTS:Town Hall Project XXTobin Clark Project XXCOMMISSIONERS:
Draft 1/9/25
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