TOWN OF HILLSBOROUGH
San Mateo County
Alvin L. Royse, Mayor 1600 Floribunda Avenue
Christine Krolik, Vice Mayor Hillsborough, CA 94010
Marie Chuang, Councilmember www.hillsborough.net
Sophie Cole, Councilmember Phone 650-375-7400
Laurence M. May, Councilmember
TE0 MS-19
MINUTES
MONDAY, FEBRUARY 14, 2022
4:15 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
This meeting was conducted virtually pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b) (3)) related to conducting public meetings during the COVID-19 pandemic and the Center for Disease Control's social distancing guidelines which discourage large public gatherings. The Council Chambers was not open to the public for this Town of Hillsborough City Council meeting.
CLOSED SESSION
CALL TO ORDER
Mayor Royse called the meeting to order at 4:18 p.m.
ROLL CALL
Present: Chuang, Cole, May, Krolik, Royse
PUBLIC COMMENT
There were no public comments.
ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.
PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Royse announced the items for Closed Session.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)(a)
Wiseman v. Town of Hillsborough, et al.
San Mateo County Superior Court, Case No. 19CIV05432
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Section 54956.9(d)(2) of the California Government Code: Two potential cases (see claim documents attached)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff - One Potential Case
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Crown Castle NG West LLC v. Town of Hillsborough, et al.
San Mateo County Superior Court, Case No. 18CIV05650
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 20CIV04592
Minutes - Hillsborough City Council
Monday, February 14, 2022
F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 21CIV04709
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representatives: Mayor Alvin L. Royse, Councilmember Laurence M. May Unrepresented employee: City Manager
ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:30 p.m.
REGULAR CITY COUNCIL MEETING
1. CALL TO ORDER
Mayor Royse called the meeting to order at 6:00 p.m.
Il. ROLL CALL
Present: Chuang, Cole, May, Krolik, Royse
III. PLEDGE OF ALLEGIANCE
Mayor Royse led the Pledge of Allegiance.
IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported regarding Closed Session Item A, Wiseman v. Town of Hillsborough, the City Council voted to authorize a settlement and under the settlement the Town would be giving up any claims of ownership over a 30-foot-wide strip of land coming off Culebra Road which provides access to the three properties in question. The Town would retain an existing public utility easement over this strip that includes a sanitary sewer line and will receive an additional easement for an extension of the sewer line beyond the existing public utility easement, and the plaintiffs and the Town will each bear their own costs and attorneys fees. City Attorney Diaz stated the vote was 5-0 to approve the settlement agreement with authority to the City Manager to execute the settlement documents that are in substantial conformance with the terms of the settlement.
City Attorney Diaz reported regarding Closed Session Item B, two claim matters, that the City Council voted 5-0 to reject the claim of Dennis L. Faoro and Maryanne F. Faoro with direction to staff to explore if there is an opportunity to work with the claimant to withdraw the claim, if possible, in lieu of formal rejection, and the City Council voted 5-0 to reject the claim of Tracy City Attorney Diaz reported regarding Closed Session Item G, the contract with the City Manager, direction was given to the negotiators and no other action was taken.
V. MINUTES: January 10, 2022
Mayor Royse opened public comment. There were no public comments. Mayor Royse closed public comment.
On motion of Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, the minutes of the January 10, 2022 City Council meeting were approved.
Vl. PROCLAMATION
• NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH - JANUARY 2022
Minutes - Hillsborough City Council
Monday, February 14, 2022
Mayor Royse read a proclamation in recognition of January as National Slavery and Human Trafficking Prevention Month.
Councilmembers provided comments.
VII. PUBLIC COMMENT I
Larry Friedberg referenced City Council Project and Priority List Item 1B(d) Wireless Regulations and Legislation to be presented at the City Council Goal Setting meeting on February 16, 2022 and the Mayor's comments in the State of the Town and expressed concerns regarding the wireless application process and future changes to wireless design Dennis Moore stated he hopes to hear more at the Goal Setting meeting regarding topics that were of interest during the last campaign: achieving cell phone coverage without the proliferation of unsightly cell towers close to homes and what the Town is going to do about wildfires and gas-powered, two-stroke leaf blowers.
VIII. ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.
IX. CONSENT CALENDAR
Mayor Royse read the titles of the Consent Calendar items.
Vice Mayor Krolik provided a comment regarding Item 9 that the Town is installing solar at the Corporation Yard that will assist with power for the vehicle.
There were no requests to remove an item from the Consent Calendar.
On motion of Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, the Consent Calendar was approved.
1. MONTHLY CLAIMS: JANUARY 1 THROUGH JANUARY 31, 2022
The monthly claims for the month of January 2022 in the amount of $3,676,939.76 were approved as submitted.
2. RESOLUTION ADOPTING REVISED POLICY 412: COMMITTEES AND BOARDS The resolution adopting revised Policy 412: Committees and Boards was adopted.
3. RESOLUTION AUTHORIZING THE 2022 LIGHTING SCHEDULE OF TOWN HALL TO
COMMEMORATE EVENTS
The resolution authorizing the 2022 lighting schedule of Town Hall to commemorate events was adopted.
4. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A LEGAL
SERVICES AGREEMENT WITH SHER EDLING LLP TO EXPLORE LITIGATION
OPTIONS ON A CONTINGENCY FEE BASIS FOR REPRESENTATION IN PCB The City Manager was approved and authorized to execute a legal services agreement with Sher Edling LLP to explore litigation options on a contingency fee basis for representation in PCB litigation.
5. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH G.
BORTOLOTTO & CO., INC. FOR THE 2021 STREET RESURFACING PROJECT IN THE AMOUNT OF $3,500,488.90 AND AUTHORIZE THE TRANSFER OF FUNDS FOR
THE PROJECT
Minutes - Hillsborough City Council
Monday, February 14, 2022
The resolution accepting as complete the contract with G. Bortolotto & Co., Inc. for the 2021 Street Resurfacing Project, the final amount of which is $3,500,488.90, and authorizing staff to file a Notice of Completion for the project and release withheld retention in accordance with state prompt payment laws was adopted.
6. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CASEY CONSTRUCTION, INC. FOR THE A2 PRIORITY PROJECTS - PHASE 2 DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,871,640.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $187,164.00, IF NEEDED, FOR A TOTAL ALLOCATION OF $2,058,804.00
The resolution awarding to and authorizing the City Manager to execute the contract on behalf of the Town with Casey Construction, Inc. for the A2 Priority Projects - Phase 2 Drainage Improvements in the amount of $1,871,640.00 with a 10% contingency in the amount of $187,164.00, if needed, for a total construction budget of $2,058,804.00 was
7. RESOLUTION ACCEPTING AS COMPLETE THE EMERGENCY CONTRACT WITH EPS, INC. FOR THE EMERGENCY SEWER LIFT STATION REPAIRS AND REPLACEMENT AT THE POLICE DEPARTMENT IN THE AMOUNT OF $72,850 The resolution accepting as complete the emergency contract with EPS, Inc. for construction of the Emergency Sewer Lift Station Repairs and Replacement at the Police Department, the final amount of which is $72,850, and authorizing staff to file a Notice of Completion for the project and release withheld retention in accordance with state prompt payment laws was adopted.
8. RESOLUTION APPROVING THE PURCHASE OF REPLACEMENT PUBLIC WORKS CONSTRUCTION VEHICLES IN THE AMOUNT OF $277,812.09
The resolution approving the purchase of two Public Works Construction Vehicles, one Backhoe-420 XE and one Tractor-415 IL, in the amount of $277,812.09, allocating funds from the Public Works Vehicle Capital Replacement Fund was adopted.
9. RESOLUTION APPROVING AND REPLACING A PUBLIC WORKS VEHICLE WITH ONE ELECTRIC TRANSIT VAN IN THE AMOUNT OF $55,482.13
The resolution approving the purchase of one Ford E-Transit Cargo Van T-350, Electric Van, as a replacement for the current Sprinter Van and allocating funds from the Public Works Vehicle Capital Replacement Fund was adopted.
10. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE AGREEMENT WITH THE PLANNING FIRM OF HOUSEAL
LAVIGNE ASSOCIATES FOR PROFESSIONAL PLANNING SERVICES SUPPORTING
AN UPDATE OF THE TOWN OF HILLSBOROUGH'S HOUSING, SAFETY, AND LAND
USE GENERAL PLAN ELEMENTS
The resolution approving and authorizing the City Manager to execute an amendment to the agreement with the planning firm of Houseal Lavigne Associates for professional planning services supporting an update of the Town of Hillsborough's Housing, Safety, and Land Use General Plan Elements was adopted.
X. OLD BUSINESS
11. MOTION TO RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 AND ASSEMBLY BILL 361 FOR THE CONTINUATION OF VIRTUAL
MEETINGS AND DISCUSSION OF IN-PERSON MEETINGS
City Attorney Christopher Diaz provided the staff report. City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment.
Minutes - Hillsborough City Council
Monday, February 14, 2022
Larry Friedberg stated a hybrid meeting is ideal in order to maximize meeting attendance as much as possible and provided comments regarding the benefits of in-person meetings.
Dennis Moore spoke in support of a hybrid City Council meeting option with the City Council present in person while also allowing members of the public to participate remotely.
Mayor Royse closed public comment.
Following City Council discussion, Mayor re-opened public comment at 6:55 p.m.
Dennis Moore provided comments in opposition to placing any limitations on attendance by members of the public at public meetings.
Mayor Royse closed public comment at 6:56 p.m.
On motion of Vice Mayor Krolik, seconded by Councilmember Chuang and unanimous on roll call vote, the City Council reconfirmed the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361 for the continuation of virtual meetings.
Following discussion, the City Manager summarized City Council direction to staff to return to the City Council at the March City Council meeting with information regarding moving to hybrid public meetings in April 2022, working with the City Attorney regarding
12. REACH CODE UPDATE AND COUNCIL DIRECTION FOR IMPLEMENTATION Assistant Director of Building & Planning Tim Anderson provided the staff report. City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment.
Kathy Battat spoke in support of Option 1 or Option 2 for electric-preferred and encouraged the City Council to support Option 2. Battat spoke regarding the ordinance adopted by the Town of Los Altos Hills as a model for the Town to follow.
Terry Nagel recommended the City Council require at least that both heating and space heaters be electric and for any other exemptions, to require pre-wiring for electric.
Bruce Naegel expressed appreciation to the City Council for their work and stated it would be useful for residents to see how an induction stove works, encouraged the City Council to be as strict as possible, and that if gas continues to be allowed, that the wiring is in place for future electric.
John Luongo stated his preference would be for the adoption of an all-electric reach code now and encouraged the City Council to at minimum adopt Option 2 and provide an education program.
Suzanne Emerson spoke regarding the impacts on greenhouse gas emissions of electric versus electric-preferred options and regarding reach codes adopted by comparable cities and encouraged the City Council to move forward with electric for both heating and water heating.
Dennis Moore expressed concern regarding moving ahead of the State requirements.
Mayor Royse closed public comment.
On motion of Councilmember May, seconded by Councilmember Chuang and unanimous on roll call vote, the City Council provided direction to staff to return to the City Council with reach code language in an ordinance for consideration at the March 14, 2022 City Council meeting conforming with Option 2 in the staff presentation which Minutes - Hillsborough City Council
Monday, February 14, 2022
requires new construction of single-family dwellings to use an electric space heating system and an electric water heating system; other appliances such as ranges, stovetops, grills, etc. may still utilize natural gas.
Following further discussion, City Manager Ritzma summarized additional City Council direction to further explore other appliances to be added and bring back information at the March meeting.
13. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH DUDEK FOR TREE ORDINANCE UPDATE
Senior Management Analyst Mandy Brown provided the staff report.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion of Vice Mayor Krolik, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution approving and authorizing the City Manager to execute a contract with Dudek for an update to the Town's tree ordinance was adopted.
XI. NEW BUSINESS
14. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ESCRIBE SOFTWARE LTD. FOR AN AGENDA
MANAGEMENT SOFTWARE SYSTEM
City Clerk Lisa Natusch provided the staff report. James Coulen, Territory Sales Manager, eSCRIBE, provided brief comments.
Mayor Royse opened public comment.
Dennis Moore spoke regarding the cybersecurity risks of unsupported legacy software systems and encouraged staff to look at the Town's software systems holistically to prioritize those that need to be updated, potentially with the assistance of tech experts who reside in the town.
Mayor Royse closed public comment.
On motion of Councilmember Cole, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution approving and authorizing the City Manager to execute an agreement with eSCRIBE for an agenda management software system was adopted.
15. INTRODUCTION OF AN ORDINANCE AMENDING SECTION 2.04.020 OF THE HILLSBOROUGH MUNICIPAL CODE RELATING TO "STUDY MEETINGS" City Clerk Lisa Natusch provided the staff report. City Attorney Christopher Diaz provided additional information.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion of Councilmember Cole, seconded by Vice Mayor Krolik and unanimous on roll call vote, the ordinance entitled "Ordinance of the City Council of the Town of Hillsborough Amending Section 2.04.020 of the Hillsborough Municipal Code Relating to 'Study Meetings"" was introduced with further reading waived.
XII. DISCUSSION:
16. ANNUAL UPDATE ON TOWN-WIDE RISK ASSESSMENT
Finance Director Jan Cooke introduced the item. Staff representatives from three cross- functional teams, City Clerk Lisa Natusch, Associate Engineer Doug Belcik and Assistant Minutes - Hillsborough City Council
Monday, February 14, 2022
Finance Director Rich Santiago, presented an annual update on the Town-wide Risk Assessment including key highlights of 2021 achievements and 2022 goals. Fire Chief Bruce Barron and City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
17. PENSION UPDATE
Finance Director Jan Cooke provided the staff report. Ira Summer, Actuary, GovInvest, provided an update on the status of the Town's pension plans.
Finance Director Cooke stated the City Council can direct staff to look at a policy on how the 115 trust is put together and used and can bring to Council an analysis regarding any additional contribution to the 115 trust this year for review with the budget.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
XIII. INFORMATIONAL
18. FY 2021-22 MID-YEAR FINANCIAL UPDATE
Finance Director Jan Cooke provided a FY 2021-22 mid-year financial update.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
19. FY 2022-23 BUDGET PLANNING
Finance Director Jan Cooke provided an overview of FY 2022-23 Budget Planning.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
20. CITY MANAGER'S UPDATE
The City Manager provided an informational update.
IX. PUBLIC COMMENT II
There were no public comments.
X. CITY COUNCIL ITEMS
Councilmember Chuang reported in her role as Chair of C/CAG that she attended the grand opening ceremony for the southern segment of the 101 express lane project and stated a grand opening for the northern segment will take place in fall of this year.
Councilmember May expressed appreciation to Captain Corteway for notification that Officer Chris Rey received a Captain's Commendation for his contributions to police technology infrastructure, specifically license plate readers and camera integrated systems.
Vice Mayor Krolik reported her attendance at a meeting of the Domestic Violence Council of San Mateo County.
Mayor Royse reported his attendance at a meeting of the SFO Airport/Community Roundtable in which a motion in support of the FAA's implementation of nighttime hours was approved, and his attendance at a meeting of SWMA in which SB 1383 implementation was discussed.
Mayor Royse expressed appreciation for the discussion at the Town's management workshop and recognized staff for their work during the pandemic.
Minutes - Hillsborough City Council
Monday, February 14, 2022
XI. MAYOR'S APPLAUSE
Mayor Royse recognized USPS carrier Wai Woo on his retirement after over 42 years of service.
XII. ADJOURNMENT
Mayor Royse adjourned the meeting at 9:43 p.m.
Submitted by:
Lisa Natusch, City Clerk