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
MINUTES
MONDAY, MARCH 14, 2022
4:00 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 4:00 p.m.
ROLL CALL
Present: Chuang, Cole, May, Krolik, Royse
PUBLIC COMMENT
There were no speakers.
ANNOUNCEMENT OF CONFLICT OF INTEREST
Mayor Royse announced he would recuse himself from participation in the discussion of one of the claims in Closed Session Item A as the claimant is a friend and former business associate of his brother and he has done work with him in the past.
PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Royse announced the items for Closed Session:
A. 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) B. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Glenn Berkheimer
Employee Organization: Unrepresented employees: Accountant, Assistant City Manager, Assistant Director of Building and Planning, Assistant Director of Finance, Assistant Engineer, Assistant Planner, Associate Civil Engineer, Associate Planner, Budget Analyst, Building Official, Chief Building Official, Chief of Police, City Clerk, City Manager, Communications Manager, Deputy Director of Public Works, Director of Building and Planning, Director of Finance, Director of Public Works-City Engineer, GIS Coordinator, GIS Technician, Human Resources Manager, Management Analyst, Management Assistant, Planning Manager, Police Captain, Police Lieutenant, Public Works Assistant Superintendent, Public Works Superintendent, Senior Accountant, Senior Civil Engineer, Senior Management Analyst, Senior Planner
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff - One Potential Case
Minutes - Hillsborough City Council
Monday, March 14, 2022
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
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 5:54 p.m.
REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Royse called the meeting to order at 6:04 p.m.
II. ROLL CALL
Present: Chuang, Cole, May, Krolik, Royse
Ill. 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, the City Council voted 4 yes with 1 recusal by Mayor Royse to reject the claim of Jimmy C. Wu, and the City Council voted unanimously, 5-0, to reject the claim of Eunice Scherer.
MINUTES: February 14, 2022
Mayor Royse opened public comment. There were no public comments. Mayor Royse closed public comment.
On motion of Councilmember Chuang, seconded by Councilmember May and unanimous on roll call vote, the minutes of the February 14, 2022 City Council meeting were approved.
VI. PRESENTATION
• UPDATE FROM HILLSBOROUGH POLICE DEPARTMENT ON BURGLARIES Police Chief Doug Davis and Police Captain Nelson Corteway provided an update on burglaries in the Town and responded to City Council questions.
Mayor Royse opened public comment.
Aaron Zornes provided comments regarding burglaries in his neighborhood and inquired as to the number of burglaries that have been solved, requested the return of text Minutes - Hillsborough City Council
Monday, March 14, 2022
notification by the Police Department of recent burglaries, and suggested additional Flock-type cameras at every entrance to Hillsborough.
Larry Friedberg inquired as to the comparison of the Town's statistics to Los Altos Hills, Portola Valley, Burlingame and San Mateo, inquired regarding hardwire alarms versus software alarms, and inquired if noise is another disincentive for potential burglars.
Patricia Kaitz Pascoe inquired as to how other cities are handling the increase in burglaries.
Joe spoke in support of the installation of additional cameras and suggested those who have been victims of burglaries get together to compare notes on the circumstances and to identify any patterns.
Margaret Ryan spoke regarding the quantity of Flock cameras in Atherton and inquired if Atherton is now burglary free.
Mike Amaroli inquired regarding the potential for working with alarm companies to alarm fences and roofs.
Karen inquired whether there is any established pattern as to when burglaries occur.
Margaret Ryan inquired as to whether tarm wire is being used as a deterrent.
Patricia Kaitz Pascoe inquired if there was a forum for neighbors to get together to talk about common things they may have seen in their neighborhoods.
AJ inquired as to the responsibilities of the Hillsborough Police Department and the San Mateo County Police Department, and whether there are additional things we should be asking for from the County.
Mayor Royse closed public comment.
Chief Davis and Captain Corteway responded to questions raised during Public Comment.
VIl. PUBLIC COMMENT I
Aaron Zornes stated that the recent street resurfacing looks worse than before on Barbara, Hayne and Darrell Road and inquired as to what qualifies as complete. Zornes expressed kudos to Larry Friedberg for the idea to place an Apple ID tag inside safes to track contents if stolen.
Dennis Moore inquired about the fire abatement strategy for the vegetation near Spencer Lake, inquired about a status update regarding leaf blowers, and expressed kudos to Town staff for organizing the Housing Element Advisory Committee so well.
VIll. 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.
Mayor Royse removed Item 8 from the Consent Calendar.
There were no requests from the public to remove an item from the Consent Calendar.
On motion of Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote, the Consent Calendar items 1, 2, 3, 4, 5, 6, 7, 9, 10 and 11 were approved.
Minutes - Hillsborough City Council
Monday, March 14, 2022
1. MONTHLY CLAIMS: FEBRUARY 1 THROUGH FEBRUARY 28, 2022 The monthly claims for the month of February 2022 in the amount of $3,344,854.36 were approved as submitted.
2. ORDINANCE AMENDING SECTION 2.04.020 OF THE HILLSBOROUGH MUNICIPAL CODE RELATING TO "STUDY MEETINGS" - ADOPTION
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 adopted
3. RESOLUTION APPOINTING A MEMBER TO THE CITIZEN COMMUNICATIONS ADVISORY COMMITTEE FOR A PARTIAL TERM MARCH 15, 2022 THROUGH DECEMBER 31, 2024
The resolution appointing a member to the Citizen Communications Advisory Committee for a partial term March 15, 2022 through December 31, 2024 was adopted.
4. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 22-01 FOR THE
PARCA AUXILIARY LUNCHEON AND FASHION SHOW
Fundraising Event Permit Application 22-01 for the PARCA Auxiliary Luncheon and Fashion Show was approved.
5. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 8.10 OF THE
HILLSBOROUGH MUNICIPAL CODE REGULATING THE USE OF DISPOSABLE
FOOD SERVICE WARE BY FOOD FACILITIES BY AMENDING BY REFERENCE CHAPTER 4.107 OF TITLE 4 OF THE SAN MATEO COUNTY CODE OF
ORDINANCES
The ordinance entitled "Ordinance of the City Council of the Town of Hillsborough Amending Chapter 8.10 of the Hillsborough Municipal Code Regulating the Use of Disposable Food Service Ware by Food Facilities by amending by Reference Chapter
4.107 of Title 4 of the San Mateo County Code of Ordinances" was introduced with further reading waived, and a public hearing date set for April 11, 2022 for adoption of
6. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER WITH CASEY CONSTRUCTION, INC. FOR THE 773 EL CERRITO AVE. STORM DRAIN REPAIR PROJECT IN THE AMOUNT OF $26,000.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $11,400.00, FOR A TOTAL PROJECT COST OF $125,400.00
The resolution authorizing the City Manager to approve the change order in the amount of $26,000.00 with Casey Construction, Inc. for the 773 El Cerrito Ave Storm Drain Repair project with a 10% contingency in the amount of $11,400.00, if needed, for a total Project budget of $125,400.00, allocating funds from the operations budget for Stormwater Master Plan Improvement Program (CIP #814.47) was adopted.
7. RESOLUTION ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF A FIVE- FOOT-WIDE PUBLIC UTILITY EASEMENT AT 249 BRIDGE ROAD
The resolution accepting the irrevocable offer of dedication of a five-foot-wide public utility easement at 249 Bridge Road was adopted.
8. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN AGREEMENT WITH NO-DES, INC. IN THE AMOUNT OF $26,540.00 FOR A TOTAL COST OF SERVICES IN THE AMOUNT OF $101,540.00 Public Works Director Paul Willis provided an overview of the item.
Minutes - Hillsborough City Council
Monday, March 14, 2022
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion of Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote, the resolution approving and authorizing the City Manager to amend an agreement with NO-DES, Inc. in the amount of $26,540.00, for a total cost of services in the amount of $101,540.00 and allocating the additional funds from the water distribution conservation expense account was adopted.
9. RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC
WORKS VEHICLE
The resolution approving the purchase of one replacement Public Works Utility Vehicle, a Ford Ranger XLT 4WD Supercrew, from the Public Works Vehicle Capital Replacement Fund, was adopted.
RESOLUTION APPROVING AN AMENDMENT TO THE 2021 AMENDED AND
RESTATED WATER SUPPLY AGREEMENT BETWEEN THE CITY AND COUNTY OF
SAN FRANCISCO AND WHOLESALE CUSTOMERS IN ALAMEDA COUNTY, SAN
MATEO COUNTY, AND SANTA CLARA COUNTY
The resolution approving an amendment to the 2021 Amended and Restated Water Supply Agreement between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and authorizing the City Manager to execute the agreement when final execution copies are prepared and distributed by BAWSCA was adopted.
11. RESOLUTION APPROVING A MINIMUM PURCHASE TRANSFER FROM THE CITY
OF MOUNTAIN VIEW TO THE CITY OF EAST PALO ALTO
The resolution approving a minimum purchase transfer from the City of Mountain View to the City of East Palo Alto was adopted.
X. OLD BUSINESS
12. INTRODUCTION OF AN ORDINANCE AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE HILLSBOROUGH MUNICIPAL CODE, CHAPTER 15.10 (ENERGY CODE), BY ADDING SECTION 15.10.050 (ENERGY REACH CODE) AND AMENDING BY REFERENCE THE 2019 CALIFORNIA ENERGY CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 6) AND FINDING THE ACTION TO BE
EXEMPT FROM CEQA
Assistant Director of Building & Planning Tim Anderson provided the staff report. Blake Herrschaft, Programs Manager, Peninsula Clean Energy and City Manager Ann Ritzma provided additional information.
Councilmember Chuang and Councilmember May each disclosed that two residents contacted them to discuss the reach code.
Vice Mayor Krolik, Councilmember Cole and Mayor Royse each disclosed that they met with two residents regarding the reach code.
Mayor Royse opened public comment.
Aaron Zornes inquired whether gas fireplace inserts give off gas continuously given that they have a pilot light that is on all the time.
John Luongo inquired regarding direction at the last City Council meeting to further explore other appliances to be added and brought back to the City Council at the March meeting, inquired regarding the definition of new construction as it relates to the ordinance, stated his support for Option 2 but preference to get to all-electric as soon as possible, and stated in response to a prior speaker that he believes gas inserts have the same issue as gas stoves in terms of release of toxins.
Minutes - Hillsborough City Council
Monday, March 14, 2022
Mike Swire requested the City Council reconsider their February action to select the most lenient option presented citing concerns that the Town will be behind other cities that have already moved to all-electric and encouraged the City Council to do more than the minimum and move to 100 percent all-electric.
Kathy Battat referenced the minutes of the February 14, 2022 City Council meeting and stated her comments were in support of Option 2, not Option 1, and going beyond. Battat stated would like to see all-electric reach codes following the leadership of many other Bay Area communities, citing concerns with the health effects of gas and impacts on climate change.
Dennis Moore stated none of his neighbors support going with all-electric. Moore stated that new gas stoves do not have the issues with leakage and pilot lights that have been cited, and a large fraction of wildfires were caused by electric transmission, and stated gas emissions from cooking, water heating and home heating is a tiny fraction of the emissions in our community. Moore encouraged following what the State does.
Raayan Mohtashemi spoke in support of the most stringent option that can be implemented today and encouraged the City Council to go further to require all-electric for new construction and remodels for all appliances to address climate change as effectively and quickly as possible.
Gus Benz presented a PowerPoint slide and stated the objectives of the reach code cannot be met and will result in decreased overall energy efficiency, almost double the greenhouse gas emissions within California or adjacent states, and more than triple the energy costs for heating Hillsborough homes. Benz stated the reach code does not consider that the added electric power used by new electric appliances will primarily be generated from natural gas power plants in California and adjacent states, and the added power is generated at low efficiency and with very high greenhouse gas emissions as direct combustion. Benz stated PG&E's high rates on electric power will increase the homeowner's energy cost over three times and broad application of this reach code will increase overall GHG emissions in California, and questions that the reach code can avoid CEQA requirements.
Mayor Royse closed public comment.
Gus Benz responded to City Council questions.
Blake Herrschaft, Programs Manager, Peninsula Clean Energy responded to City Council questions.
On motion of Councilmember May, seconded by Vice Mayor Krolik and unanimous on roll call vote, the ordinance entitled "An Ordinance of the City Council of the Town of Hillsborough Amending Title 15 (Buildings and Construction) of the Hillsborough Municipal Code, Chapter 15.10 (Energy Code), by Adding Section 15.10.050 (Energy Reach Code) and Amending by Reference the 2019 California Energy Code (California Code of Regulations, Title 24, Part 6) and Finding the Action to be Exempt from CEQA" was introduced with further reading waived, and a public hearing date set for April 11, 2022 for adoption of the ordinance.
RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 AND ASSEMBLY BILL 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS,
RECEIVE A REPORT FROM STAFF ON MOVING TO HYBRID MEETINGS AND
PROVIDE DIRECTION TO STAFF
City Attorney Christopher Diaz and City Manager Ann Ritzma provided the staff report.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion of Councilmember Chuang, seconded my Councilmember Cole and unanimous on roll call vote, a motion to reconfirm the findings and determinations made in Resolution No. 21-87, pursuant to Assembly Bill 361, for the continuation of virtual meetings was approved with direction provided to staff to move to a hybrid meeting Minutes - Hillsborough City Council
Monday, March 14, 2022
approach as presented by the City Manager, with the first pilot hybrid City Council meeting on April 11 in which members of the public can attend the meeting in person and online via Zoom; following the pilot hybrid City Council meeting, Town Hall would open to community meetings in Council Chambers for in-person meetings; April 12 through May 4 pilot hybrid board and committee meetings would begin, and by the month of May, all Brown Act boards and committees would move to hybrid meetings.
Councilmember Cole left the meeting at 9:18 p.m.
XI. INFORMATIONAL
14. CITY MANAGER'S UPDATE
City Manager Ann Ritzma provided an informational update.
XII. PUBLIC COMMENT I|
There were no speakers.
XIII. CITY COUNCIL ITEMS
Vice Mayor Krolik reported her attendance at the second meeting of the Housing Element Advisory Committee.
Mayor Royse commended Town staff and the City Council for a successful City Council Goals Meeting held February 16, 2022, reported his attendance at a meeting of the SBWMA Board retreat, announced an upcoming meeting of a subcommittee of the National Federal Aviation Committee to take testimony on airplane noise, reported the SFO Airport/Community Roundtable would be submitting comments, and reported he joined a Mayor's Mental Health Initiative with other Mayors in San Mateo County.
XIV. MAYOR'S APPLAUSE
Mayor Royse recognized Kathleen Wentworth who recently retired as Deputy District Director to Congresswoman Jackie Speier on March 4, 2022. Kathleen Wentworth provided brief comments. Vice Mayor Krolik provided comments.
XV. ADJOURNMENT
Mayor Royse adjourned the meeting at 9:31 p.m. with thoughts and prayers for the people of Ukraine and those impacted by the tragic war.
Submitted by:
Mun Natusn
Lisa Natusch, City Clerk