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, MAY 9, 2022
3:30 PM STUDY SESSION
5:00 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
This City Council meeting was conducted 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. The City Council, staff and members of the public participated in the meeting virtually via Zoom Video Conference or in person at Town Hall.
STUDY SESSION
CALL TO ORDER
Mayor Royse called the meeting to order in Council Chambers at 3:32 p.m.
ROLL CALL
Present: Chuang, Cole, May, Krolik, Royse
A. STUDY SESSION ON FY 2022-23 PROPOSED BUDGET AND SCHEDULE OF FEES AND
CHARGES
Finance Director Jan Cooke, Assistant Finance Director Rich Santiago and City Manager Ann Ritzma provided the staff presentation. Public Works Director Paul Willis and Director of Building & Planning Sarah Fleming provided additional information.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
ADJOURN STUDY SESSION
Mayor Royse adjourned the meeting at 4:55 p.m.
CLOSED SESSION
CALL TO ORDER
Mayor Royse called the meeting to order at 5:02 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:
Minutes - Hillsborough City Council
Monday, May 9, 2022
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff - Two Potential Cases
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
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
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
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 6:02 p.m.
Il. ROLL CALL
Present: Chuang, Cole, May, Krolik, Royse
III. PLEDGE OF ALLEGIANCE
Mayor Royse led the Pledge of Allegiance.
I. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported regarding Closed Session Item A that the City Council met in Closed Session to discuss the initiation of litigation against Bayer and Monsanto and voted unanimously to initiate litigation, joining the County and cities in the County suing for potential increased cost for PCB contamination of the bay. City Attorney Diaz stated the amended complaint should be filed in the coming month.
V. MINUTES: April 11, 2022
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion by Councilmember Chuang, seconded by Councilmember Cole and unanimous roll call vote, the minutes of the April 11, 2022 City Council meeting were approved.
VI. PROCLAMATIONS
• HILLSBOROUGH GARDEN CLUB CENTENNIAL
Councilmember Chuang presented the proclamation in recognition of the Hillsborough Garden Club Centennial to Garden Club President Anne Longworth. President Longworth provided comments.
Minutes - Hillsborough City Council
Monday, May 9, 2022
• NATIONAL PUBLIC WORKS WEEK: MAY 15-21, 2022
Vice Mayor Krolik presented the proclamation in recognition of National Public Works week to Public Works Director Paul Willis and Senior Management Analyst Sara Bachmann. Director Willis and Senior Management Analyst Bachmann provided comments.
• MAY 2022 AS MENTAL HEALTH MONTH
Councilmember Cole presented the proclamation in recognition of May 2022 as Mental Health Month to County of San Mateo Mental Health & Substance Abuse Recovery Commissioner Candice Hawley. Commissioner Hawley provided comments. • MAY 2022 AS JEWISH AMERICAN HERITAGE MONTH
Councilmember May presented the proclamation in recognition of May 2022 as Jewish American Heritage Month to former Hillsborough Schools Foundation President and former Mayor and Councilmember Tom Kasten. Mr. Kasten provided comments.
MAY 2022 ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH Councilmember Chuang read the proclamation in recognition of May 2022 as Asian American and Pacific Islander Month, provided comments, and invited Hillsborough City School District Board President An Huang Chen to the podium to receive the proclamation.
VIl. PUBLIC COMMENT I
Pam Heman, a director of the Warm Water Wellness organization, provided comments in support of reopening the Mickelson Therapy Pool at Mills Health Center in San Mateo following its closure in January 2021 citing the therapeutic benefits to the community, and encouraged the City Council to pass a resolution in support of saving the pool.
VIlI. 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.
There were no requests to remove an item from the Consent Calendar.
On motion of Councilmember May, seconded by Councilmember Chuang and unanimous on roll call vote, the Consent Calendar was approved.
1. MONTHLY CLAIMS: APRIL 1 THROUGH APRIL 30, 2022
The monthly claims for the month of April 2022 in the amount of $4, 105,982.84 were approved as submitted.
2. RESOLUTION PROVIDING FOR INTERIM MODIFICATIONS TO THE BUSINESS
LICENSE TAX
The resolution providing for interim modifications to the business license tax for FY 2022- 23 was adopted.
3. RESOLUTION SETTING THE AMOUNT OF THE SPECIAL TAX FOR POLICE PROTECTION AND FIRE PROTECTION AND PREVENTION FOR FY 2022-2023 The resolution setting the amount of Public Safety Tax for FY 2022-23 at $570 for each improved parcel and $218 for each unimproved parcel was adopted.
Minutes - Hillsborough City Council
Monday, May 9, 2022
4. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE 500S A SOLE SUNG PROCURENT AN AGREEMENT WITH DIGITAL VIEW FOR A NOT-TO-EXCEED AMOUNT OF The resolution approving and authorizing the City Manager to execute an agreement with Digital View for a not-to-exceed amount of $50,000 as a sole source procurement was adopted.
5. RESOLUTION APPROVING SUPPORT OF SUSTAINABLE SAN MATEO COUNTY PROGRAMS FOR FY 2022-23 IN THE AMOUNT OF $1,000
The resolution approving support of Sustainable San Mateo County programs for FY 2022-23 in the amount of $1,000 was adopted.
6. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361
A motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361 was approved.
7. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH 3-D TECHNOLOGIES, INC.
TO INSTALL AND MAINTAIN THE SALTO SMART ACCESS AND CONTROL
SECURITY SYSTEM FOR THE TOWN'S PUBLIC WORKS FACILITIES IN THE AMOUNT OF $42,158, RESULTING IN A TOTAL CONTRACT AMOUNT OF $312,829 The resolution approving and authorizing the City Manager to execute an amendment to the existing agreement with 3-D Technologies, Inc. to install and maintain the Smart Salto Access and Control System for the Town's Public Works Facilities in the amount of $42,158.00, for a total not-to-exceed contract amount of $312,829.00, allocating additional funds from the approved FY 2021-22 CIP Public Works Facilities budget (CIP #515.00) was adopted.
X. PUBLIC HEARING
8. ADOPTION OF AN (UNCODIFIED) ORDINANCE ADOPTING A MILITARY
EQUIPMENT USE POLICY AND ADDING THE POLICY TO THE HILLSBOROUGH
POLICE DEPARTMENT POLICY MANUAL
Captain Nelson Corteway provided the staff report.
Mayor Royse opened the Public Hearing at 6:50 p.m. There were no speakers. Mayor Royse closed the Public Hearing at 6:50 p.m.
On motion by Councilmember May, seconded by Vice Mayor Krolik and unanimous on roll call vote, the ordinance entitled "Ordinance of the City Council of the Town of Hillsborough Adopting a Military Equipment Use Policy and Adding the Policy to the Hillsborough Police Department Policy Manual" was adopted.
Following action on Item 8, without objection, the City Council considered Item 13.
9. RESOLUTION SETTING AND CONFIRMING THE FEES AND CHARGES FOR FY 2022-23 AND RESOLUTION AUTHORIZING WATER AND SEWER CONNECTION FEES FOR FY 2022-23 EFFECTIVE JULY 1, 2022
This item was heard following action on Item 13.
Assistant Finance Director Rich Santiago provided the staff report. Public Works Director Paul Willis provided additional information.
Mayor Royse opened the Public Hearing at 7:14 p.m. There were no speakers. Mayor Royse closed the Public Hearing at 7:14 p.m.
Minutes - Hillsborough City Council
Monday, May 9, 2022
On motion by Vice Mayor Krolik, seconded by Councilmember Cole and unanimous on roll call vote, the resolution setting and confirming the fees and charges for FY 2022-23 was adopted
On motion by Councilmember May, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution authorizing water and sewer connection fees for FY 2022-23 effective July 1, 2022 was adopted.
XI. OLD BUSINESS
10. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JMB CONSTRUCTION, INC. FOR THE SANDRA
HAYNE STORM DRAIN REPLACEMENT PROJECT IN THE AMOUNT OF
$2,346,630.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $234,663.00, IF NEEDED, FOR A TOTAL PROJECT COST OF $2,581,293.00; AND APPROVING A FY 2021-22 BUDGET AMENDMENT IN THE CAPITAL IMPROVEMENT FUND (CIP #805.47) AND GENERAL FUND TRANSFER IN THE AMOUNT OF $1,001,295.00 Senior Civil Engineer Natalie Gribben provided the staff report. Public Works Director Paul Willis, Finance Director Jan Cooke and City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment.
Lily Chen, 85 Sandra Road, spoke in support of approval of the contract and requested the contract include an indemnification clause extended to the owners of 1465 San Raymundo Road and 85 Sandra Road and adding the homeowners as additional insured for the contractor's commercial and general liability insurance, and to receive copies of the insurance, and stated there should not be any liens on the private property. Ms.
Chen requested continued communication with the property owners.
Brittany Gigliotti-Betts spoke in support of Lily Chen's comments regarding the indemnification clause and being included as additional insured.
Mayor Royse closed public comment.
City Attorney Christopher Diaz provided comments regarding standard use of a right-of- entry agreement for this type of project.
Mayor Royse re-opened public comment.
Lily Chen stated she is amenable to the right-of-entry agreement described by the City Attorney.
Mayor Royse closed public comment.
On motion by Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, the resolution awarding to and authorizing the City Manager to execute the contract on behalf of the Town with JMB Construction, Inc. for the Sandra Hayne Storm Drain Replacement Project in the amount of $2,346,630.00 with a 10% contingency in the amount of $234,663.00, if needed, for a total project cost of $2,581,293.00; and approve a FY 2021-22 budget amendment in the Capital Improvement Fund (CIP #805.47) and General Fund transfer in the amount of $1,001,295.00 was adopted.
11. RESOLUTION APPROVING THE PROHIBITION OF GAS-POWERED LEAF
BLOWERS ON TOWN-OWNED AND MANAGED PROPERTY
Senior Management Analyst Mandy Brown provided the staff report. City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment.
Minutes - Hillsborough City Council
Monday, May 9, 2022
Aaron Zornes provided comments regarding other communities who have banned gas- powered leaf blowers and the ease of reporting violations online in other cities and expressed concerns regarding the noise from gas-powered leaf blowers on school property.
Mayor Royse closed public comment.
On motion by Vice Mayor Krolik, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution prohibiting gas-powered leaf blowers on Town-owned and managed properties and phasing in the use of exclusively electric-powered leaf blowers by July 1, 2022 was adopted.
XII. NEW BUSINESS
12. RESOLUTION AUTHORIZING SEWER SERVICE CHARGES EFFECTIVE JULY 1, 2022
Assistant Finance Director Rich Santiago provided the staff report.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion by Vice Mayor Krolik, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution authorizing sewer service charges for FY 2022-23 effective July 1, 2022 was adopted.
Following action on Item 12, the City Council considered Item 14.
13. RESOLUTION IN SUPPORT OF HILLSBOROUGH CITY SCHOOL DISTRICT SCHOOL
IMPROVEMENT BOND MEASURE H
This item was heard following action on Item 8.
Lisa Edwards, Chair, "Strong and Safe Hillsborough Schools - Yes on H," provided a presentation regarding the measure.
Chair Edwards and Hillsborough City School District Board Trustee Don Geddis responded to City Council questions.
City Attorney Christopher Diaz provided comments.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion by Councilmember Cole, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution in support of Hillsborough School District School Improvement Bond Measure H was adopted.
Following action on Item 13, the City Council resumed the regular order of the agenda at Item
9. RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CITY MANAGER
EMPLOYMENT AGREEMENT
Human Resources Manager Kristin Armbruster provided the staff report. City Attorney Christopher Diaz reported the City Manager's proposed salary is $263,311.00.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion by Councilmember May, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution approving Amendment No. 1 to the City Manager Employment Agreement was adopted.
Minutes - Hillsborough City Council
Monday, May 9, 2022
City Manager Ann Ritzma provided brief comments.
RESOLUTION ADOPTING THE 2022 SALARY SCHEDULE FOR THE TOWN OF
HILLSBOROUGH
Human Resources Manager Kristin Armbruster provided the staff report.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion by Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, the resolution adopting the 2022 Salary Schedule for the Town of Hillsborough was adopted.
XIlI. INFORMATIONAL
16. INFORMATIONAL UPDATE ON THE TOWN'S 2022 DROUGHT COMMUNICATIONS PLAN
Senior Management Analyst Mandy Brown provided the staff report. Public Works Director Paul Willis and City Manager Ann Ritzma provided additional information.
17. CITY MANAGER'S UPDATE
The City Manager provided an informational update.
XIV. PUBLIC COMMENT II
There were no public comments.
XV. CITY COUNCIL ITEMS
Councilmember Chuang announced the upcoming Memorial Day parade and reported her attendance at the San Mateo County Chamber Progress Seminar.
Vice Mayor Krolik reported on the status of the planning for Memorial Day parade and announced the upcoming Concours d'Elegance events.
Mayor Royse reported his virtual attendance at the 2022 UC Davis Aviation Noise and Emissions Symposium and a meeting of South Bayside Waste Management Agency Board.
XVI. ADJOURNMENT
Mayor Royse adjourned the meeting at 9:10 p.m.
Submitted by:
Jess Natten
Lisa Natusch, City Clerk