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, AUGUST 8, 2022
3:00 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 Sectior 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 at 3:02 p.m.
ROLL CALL
Present: Chuang, Cole, May (via Zoom Video Conference), Krolik, Royse A. STUDY SESSION: WATER RATE COST-OF-SERVICE STUDY
Finance Director Jan Cooke, Rick Simonson, Vice President, HF&H Consultants, and Gabe Sasser, Senior Associate, HF&H Consultants, provided the staff report. Public Works Director Paul Willis and City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
B. STUDY SESSION: SOLID WASTE RATE STUDY
Finance Director Jan Cooke and Rick Simonson, Vice President, HF&H Consultants, provided the staff report. City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
ADJOURN STUDY SESSION
Mayor Royse adjourned the Study Session at 4:38 p.m.
CLOSED SESSION
CALL TO ORDER
Mayor Royse called the meeting to order at 5:00 p.m.
ROLL CALL
Present: Chuang, Cole, May (arrived at 5:08 p.m. during Closed Session), Krolik, Royse
PUBLIC COMMENT
Koleen Hernandez, 743 El Camino Real, Burlingame, stated that while running on the road in front of Town Hall, she fell on her face, bruised her knee and chipped her tooth. Hernandez stated the road is Minutes - Hillsborough City Council
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cracked and she has spoken to neighbors who have fallen in Hillsborough and she does not want the same thing to happen to someone else.
ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Christopher Diaz reported during Item IV, Report from Closed Session, that there were no announcements of conflict of interest.
PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Royse announced the item 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: Three potential cases (claim documents in agenda packet)
ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:43 p.m.
REGULAR CITY COUNCIL MEETING
CALL TO ORDER
Mayor Royse called the meeting to order at 6:01 p.m.
Il. ROLL CALL
Present: Chuang, Cole, May (via Zoom Video Conference), Krolik, Royse Ill. PLEDGE OF ALLEGIANCE
Mayor Royse led the Pledge of Allegiance.
IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported that the City Council met in Closed Session and voted unanimously to reject a claim by Koleen Hernandez and claim by Judy Wilbur-Otter, and stated there were no City Council announcements of conflict of interest related to the Closed Session item.
V. MINUTES: July 11, 2022
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion by Vice Mayor Krolik, seconded by Councilmember Chuang, the minutes of the July 11, 2022 City Council meeting were approved as amended at the bottom of page one to change the word "use" to "lose" in the public comment made by Tom Kasten, by a roll call vote of four yes and one abstention by Councilmember May.
VI. RECOGNITION
• RESOLUTION OF APPRECIATION OF CARLOS CASTRO ON HIS RETIREMENT Mayor Royse read a resolution of appreciation of Carlos Castro on his retirement. Public Works Director Paul Willis provided comments. Vice Mayor Krolik provided comments.
Carlos Castro provided brief comments.
VII. PRESENTATION
• PRESENTATION BY JAN PEPPER, CEO, PENINSULA CLEAN ENERGY Minutes - Hillsborough City Council
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Jan Pepper, CEO, Peninsula Clean Energy Provided a presentation regarding Peninsula Clean Energy and responded to City Council questions.
VIlI. PUBLIC COMMENT I
Hedy Kaveh stated he is in the process of putting solar panels on his house and inquired if there is a comparison available of the different types of solar panels, stated he is unhappy with PG&E, inquired if it has been considered to place solar panels under wind turbines on land already owned and operated by the Town, and inquired if there are rebates for removing wood shingles in order to install solar panels.
IX. ANNOUNCEMENT OF CONFLICT OF INTEREST
Vice Mayor Krolik announced regarding Item 9 that although her home is more than 500 feet away, out of an abundance of caution, she would recuse herself from participation in discussion of the Strawberry Hill property. Vice Mayor Krolik stated her home is approximately 1,000 feet from the property and the City Attorney is checking regulations with the FPPC for future discussion of the item.
Councilmember May disclosed regarding Item 3 that he was on the Mills-Peninsula Board and Sutter Health Board until 2010, but he has had no dealings with them since that time and has had no dealings with the officers at Sutter Health or Mills-Peninsula.
X. CONSENT CALENDAR
Mayor Royse read the titles of the Consent Calendar items.
Mayor Royse stated he has a request from staff to remove Item 2 from the Consent Calendar.
Councilmember May requested to remove Item 3 from the Consent Calendar.
There were no requests from the public to remove an item from the Consent Calendar.
On motion by Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, Consent Calendar Items 1, 4, 5, 6 and 7 were approved.
1. MONTHLY CLAIMS: JULY 1 THROUGH JULY 31, 2022
The monthly claims for July 2022 in the amount of $11,147,087.21 were approved as submitted.
2. RESOLUTION AMENDING THE TOWN'S MASTER FEE SCHEDULE TO
INCORPORATE A CHANGE IN THE GENERAL PLAN MAINTENANCE FEE Finance Director Jan Cooke 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 amending the Town of Hillsborough's Master Fee Schedule to incorporate a change in the General Plan Maintenance Fee was adopted.
3. RESOLUTION IN SUPPORT OF REOPENING THE MACK E. MICKELSON ARTHRITIS
AND REHABILITATION CENTER THERAPY POOL FOR COMMUNITY USE AT THE
MILLS HEALTH CENTER
Councilmember May stated he cannot support the resolution as written because he does not feel there is adequate information and the resolution is overly broad. Councilmember May requested that if the resolution is adopted, that it be noted in the letter sent to Mills- Peninsula and Sutter Health that he objected to the resolution because facts and circumstances from both sides were not adequately weighed, and also requested that it be noted that the two letters sent to Mills-Peninsula and Sutter Health by the Mayor Minutes - Hillsborough City Council
Monday, August 8, 2022
should have stated that he was speaking on his own behalf and not on behalf of the full Council.
Mayor Royse stated that it was his intention that the letters sent to Sutter Health and Mills-Peninsula be sent on his behalf and not that of the full City Council.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion by Councilmember Cole, seconded by Vice Mayor Krolik, the resolution in support of reopening the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool for community use was adopted by a roll call vote of four yes and one abstention by Councilmember May.
4. 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, with acknowledgement that the California Department of Public Health has updated the definition of "close contact" in Regulation 3205 from being within six feet of another person to sharing the same indoor space with another person for 15 minutes or more was approved.
5. RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC
WORKS VEHICLE
The resolution approving the purchase of one Public Works vehicle, a Ford E-Transit Cargo Van T-350, as a replacement for the current Sprinter Van and allocating funds from the Public Works Vehicle Capital Replacement Fund was adopted.
6. RESOLUTION APPROVING THE PURCHASE OF TWO REPLACEMENT PUBLIC
WORKS VEHICLES
The resolution approving the purchase of two replacement Public Works vehicles (one replacement forklift and one replacement Chevy Bolt EUV) and allocating funds from the Public Works Vehicle Capital Replacement Fund was adopted.
7. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH 3D TECHNOLOGIES, INC. TO INSTALL AND MAINTAIN A SALTO ACCESS AND SECURITY SYSTEM IN THE AMOUNT OF $312,829
The resolution accepting as complete the contract with 3D Technologies, Inc. to install and maintain a Salto access and security system in the final amount of $312,829.00 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.
XI. NEW BUSINESS
8. NDESIGNATION OF A VOTING DELEGATE AND ALTERNATE VOTING DELEGATE(S) TO THE 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 7-9, 2022
City Clerk Lisa Natusch 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 Cole and unanimous on roll call vote, Mayor Royse was designated as a voting delegate, Councilmember Chuang was designated as alternate voting delegate one and Vice Mayor Krolik was designated as alternate voting delegate two for the 2022 League of California Cities/Cal Cities Annual Conference Annual Business Meeting on Friday, September 9, 2022.
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XII. DISCUSSION
DRAFT TOWN OF HILLSBOROUGH RHNA 6 HOUSING ELEMENT UPDATE Mayor Royse provided introductory comments.
Director of Building & Planning Sarah Fleming and Jackie Wells, Project Manager, Houseal Lavigne Associates provided the presentation. Robert Kain, Principal, Houseal Lavigne Associates and City Manager Ann Ritzma provided additional information.
At 7:34 p.m., prior to the portion of the presentation related to the Strawberry Hill property, Vice Mayor Krolik recused herself and left the room.
At 7:36 p.m. following the portion of the presentation related to the Strawberry Hill property, Vice Mayor Krolik returned to the room and took her seat at the dais.
Mayor Royse opened public comment.
Brent Regan, Trustee, Strawberry Hill, inquired as to when the current proposal will become a requirement, how much of the land has to be developed into low income and high-density housing, what other prohibitions would be put on the property, and the impact on the value of the property.
City Attorney Christopher Diaz stated that if the City Council would like to discuss Strawberry Hill after public comments are heard, Vice Mayor Krolik should be recused from the discussion to preserve the potential risk until clarity is received from the FPPC.
City Clerk Lisa Natusch reported technical difficulties in the Council Chambers and stated the speaker timer for speakers on Zoom is available in the "Town of Hillsborough" video view.
Patrick Shannon stated the 554-unit allotment should have been contested by the Town from the start, the buffer of 20 percent is overkill, and the RD-1 rezoning is ill-advised and not worth it. Shannon stated the Town must preserve the current environment and avoid rezoning any area, the Town should have negotiated with surrounding areas to create a subregion or should have contested the increase to the allocation and stated the issue can be solved by creating housing on Town-owned property, using ADUs to the maximum amount feasible and rezoning should be off the table until those ideas have been exhausted.
Hedy Kaveh stated he is in the process of building an ADU and spoke regarding the expense of management of ground water on lots on hills and the expense of increased property tax.
David Resnekov inquired about the front-end costs to the Town for water and sewer utilities, police and fire services, and the school system.
Larry Friedberg provided comments regarding public participation in the meeting and expressed concern regarding communications on the topic and the timing of the meetings during the summer and inquired about the process for permission to rezone private land.
Dan Capon provided comments regarding lack of transparency in the presentation related to details about the identified properties and requested detailed scoring results of each property and the scientific nature of the analysis that was performed including additional factors related to fire danger and slope. Regarding the De Guigne property, Capon expressed concerns regarding egress and ongoing sewer issues in the area.
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Dennis Moore, Churchill Drive, spoke in support of the comments made by Patrick Shannon, David Resnekov, Larry Friedberg and Don Capon, and encouraged members of the public to provide feedback in writing to [email protected]. Moore stated that additional information and alternatives should have been provided by Houseal Lavigne and expressed concerns regarding affordable housing projects developed by nonprofits as it relates to infrastructure costs and the impact on property tax for current homeowners. Moore encouraged submittal of an ADU-only plan and if rejected by HCD, to take alternate steps at that time.
Jim Arbeed, Hillsborough resident and realtor, spoke in support of the comments by Patrick Shannon and Larry Friedberg and encouraged the Town to push back. Arbeed stated that rezoning should be off the table, citing impacts on property values and the Town's urban setting.
Raayan Mohtashemi spoke regarding the importance of the no-net-loss buffer in the event that some properties are unable to be developed and provided comments in support of the work of Houseal Lavigne.
Josh Burns spoke regarding the importance of consideration of the qualitative and quantitative impact on schools, police, and fire services. Burns spoke in opposition to the RD-1 strategy and requested consideration of changes that will be needed in future RHNA cycles.
Aaron Zornes stated the current plan changes the character of the Town for the worse, impacts residents' financial savings, compromises infrastructure such as water supply and wildfire evacuation plans, and increases wildfire risk. Zornes encouraged proactively subsidizing housing for police, fire, teachers and Town staff, and encouraged creativity and practicality when increasing the number of units on large parcels by adding more than one entrance or exit.
Mayor Royse closed public comment.
Staff and Houseal Lavigne Associates responded to City Council questions.
XIII. INFORMATIONAL
10. CITY MANAGER'S UPDATE
City Manager Ann Ritzma provided an informational update.
XIV. PUBLIC COMMENT II
Larry Friedberg suggested a dedicated weekly e-Announcement regarding the draft Housing Element.
Dan Capon spoke regarding the analysis in the water rate study and in support of an expanded carve out for those with fire sprinkler systems that have two-inch service.
Dennis Moore stated he converted his irrigation from spraying to drip as part of the fire hardening of his home for a few hundred dollars and encouraged others to do so. Moore requested that the Zoom chat function be made available so that meeting attendees can chat with one another or to everyone in the meeting.
Sean Jiam inquired about the Town's achievement of the RHNA 5 housing goal and inquired whether units produced beyond the RHNA requirements can be used to offset future RHNA requirements.
City Manager Ritzma provided comments.
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Patrick Shannon spoke regarding penalties for non-compliance or not meeting RHNA goals and inquired if penalties have been enforced on cities, inquired as to how conservative the Town's housing numbers are, and provided comments regarding lost opportunities with neighboring cities such as San Mateo that could have shared a housing allotment with the XV. CITY COUNCIL ITEMS
Mayor Royse reported his attendance at a meeting of the SFO/Community Roundtable in which East Palo Alto was admitted as a new member and an update on airport capacity and future plans regarding airport facilities was received.
XVI. MAYOR'S APPLAUSE
Mayor Royse recognized recent staff and Council participants in the International City/County Management Association (ICMA) or Leadership Council San Mateo County leadership programs: Kristin Armbruster, Mandy Brown, Jan Cooke, Councilmember Cole, Ken Giacotto (CCFD), Natalie Gribben, Ashley Perez and Ann Ritzma.
Mayor Royse and City Manager Ann Ritzma recognized Jan Cooke for her exceptional leadership as Acting City Manager during the month of July.
XVII. ADJOURNMENT
Mayor Royse adjourned the meeting at 9:56 p.m.
Submitted by:
An Natur
Lisa Natusch, City Clerk