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, SEPTEMBER 12, 2022
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING AND STUDY SESSIONS
Hillsborough Town Hall and Zoom Video Conference
This City Council meeting will be 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.
CLOSED SESSION
CALL TO ORDER
Mayor Royse called the meeting to order at 4:30 p.m.
ROLL CALL
Present: Chuang, Cole, May, Krolik, Royse
PUBLIC COMMENT
There were no speakers.
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 LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: Glenn Berkheimer and Kristin Armbruster Employee Organization: Hillsborough Police Officers Association B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff: One Potential Case
C. 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
D. 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 5:52 p.m.
REGULAR CITY COUNCIL MEETING
Minutes - Hillsborough City Council
Monday, September 12, 2022
1. CALL TO ORDER
Mayor Royse called the meeting to order at 6:00 p.m.
ll. 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 Item B on the Closed Session agenda that the City Council voted unanimously to initiate litigation regarding a code enforcement matter at 1 Fern Court; regarding Item C, the case has been dismissed by the Hillsborough Citizens Alliance; and regarding and Item D, all but one claim has been dismissed by the judge in that matter.
V. MINUTES: August 8, 2022 and August 25, 2022
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 minutes of the August 8, 2022 and August 25, 2022 City Council meetings were approved.
Vl. PROCLAMATION
• SUICIDE PREVENTION MONTH - SEPTEMBER 2022
Mayor Royse presented a proclamation in recognition of Suicide Prevention Month to County of San Mateo Behavioral Health Commissioner Candice Hawley and provided comments. Commissioner Hawley provided comments.
VIl. PUBLIC COMMENTI
Larry Friedberg provided comments regarding the order of the study sessions on the agenda and regarding communications from the Town related to the Housing Element, and suggested the Town consider moderating its own Facebook page to ensure important issues are properly communicated.
Kathy Battat announced an upcoming free Green Home Tour organized by Project Green Home and Campaign for Fossil Free Buildings in Silicon Valley and sponsored by Peninsula Clean Energy and Silicon Valley Clean Energy that highlights all-electric, partially electric, and climate-friendly homes, and reported that rebates are available for switching from gas to electric appliances.
VIII. ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Diaz stated that Vice Mayor Krolik lives within 1,000 feet of one of the opportunity sites in the draft Housing Element, Strawberry Hill, and if there is any specific discussion regarding the property, she will step out of the room out of an abundance of caution. City Attorney Diaz stated the Town is checking with the Fair Political Practices Commission to confirm whether there is truly a conflict of interest. City Attorney Diaz also stated that if there is any specific discussion of the Burlingame Country Club, Vice Mayor Krolik will step out of the room as her husband is a member of the country club.
Minutes - Hillsborough City Council
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IX. CONSENT CALENDAR
Councilmember Chuang provided comments in recognition of the Finance Department related to Item 4.
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, the Consent Calendar was approved.
1. MONTHLY CLAIMS: AUGUST 1 THROUGH AUGUST 31, 2022
The monthly claims for August 2022 in the amount of $4,444,819.90 were approved as submitted.
2. RESOLUTION FUNDING A CONTRIBUTION OF UP TO $45,000 TO HILLSBOROUGH CITY SCHOOL DISTRICT IN FY 2022-23 TO CONTRIBUTE TOWARD THE
PROJECTED COST OF THE SCHOOL CROSSING GUARD PROGRAM
The resolution funding a contribution of up to $45,000 to Hillsborough City School District in FY 2022-23 to contribute toward the projected cost of the School Crossing Guard Program was adopted.
3. ACCEPT WATER RATE COST-OF-SERVICE STUDY AND SOLID WASTE RATE
STUDY, DIRECT STAFF TO MAIL THE NOTICE OF PROPOSED INCREASES IN
WATER AND SOLID WASTE RATES, AND SET THE PUBLIC HEARING FOR NOVEMBER 14, 2022
The City Council accepted the water rate cost-of service study and solid waste rate study, directed staff to mail the Notice of Proposed Increases in Water and Solid Waste Rates, and set the public hearing for November 14, 2022.
4. GOVERNMENT FINANCE OFFICERS ASSOCIATION'S DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR 2021-2022 AND CERTIFICATE OF
ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR ENDED JUNE 30, 2021
The Government Finance Officers Association's Distinguished Budget Presentation Award for fiscal year 2021-2022 and Certificate of Achievement for Excellence in Financial Reporting for fiscal year ended June 30, 2021 was received.
5. RESOLUTION ADOPTING TOWN POLICY 222 ELECTRONIC COMMUNICATION, INTERNET AND EMAIL USAGE, AND RETIRING TOWN POLICIES 210 INTERNET POLICY, 211 ELECTRONIC MAIL POLICY AND 213 ELECTRONIC COMMUNICATION USAGE
The resolution adopting Town Policy 222 Electronic Communication, Internet and Email Usage, and retiring Town Policies 210 Internet Policy, 211 Electronic Mail Policy and 213 Electronic Communication Usage was adopted.
6. RESOLUTION APPOINTING A MEMBER TO THE ADMINISTRATIVE HEARING PANEL FOR A PARTIAL TERM SEPTEMBER 13, 2022 THROUGH DECEMBER 31, The resolution appointing a member to the Administrative Hearing Panel for a partial term September 13, 2022 through December 31, 2024 was adopted.
7. 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 acknowledgment that the California Department of Public Health has updated the definition of "close contact" in Regulation 3205 from being Minutes - Hillsborough City Council
Monday, September 12, 2022
within six feet of another person to sharing the same indoor space with another person for 15 minutes or more, which further supports the finding was approved.
8. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH CASEY CONSTRUCTION, INC. FOR THE 773 EL CERRITO AVENUE STORM DRAIN REPAIR PROJECT IN THE AMOUNT OF $119,645.00
The resolution accepting as complete the contract with Casey Construction, Inc. for the 773 El Cerrito Avenue Storm Drain Repair Project in the amount of $119,645.00 was adopted.
9. RESOLUTION SUPPORTING THE EUCALYPTUS PEDESTRIAN PATHWAY
PROJECT AND SUBMITTING AN APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CYCLE 6 PEDESTRIAN AND BICYCLE
PROGRAM FUNDING
The resolution supporting the Eucalyptus Pedestrian Pathway Project and submitting an application to the San Mateo County Transportation Authority for Cycle 6 pedestrian and bicycle program funding was adopted.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO THE EXISTING CONTRACT WITH WILSEY HAM ENGINEERING, SURVEYING & PLANNING TO INCLUDE DESIGN SERVICES FOR THE 2023-2024 PARROTT DRIVE
SEWER BASIN REHABILITATION & REPLACEMENT PROJECT - PHASE II IN THE AMOUNT OF $512,215.00, FOR A TOTAL PROJECT BUDGET OF $674,204.00 The resolution authorizing the City Manager to execute an amendment to the existing contract with Wilsey Ham Engineering, Surveying & Planning to include design services for the 2023-2024 Parrott Drive Sewer Basin Rehabilitation & Replacement Project - Phase Il in the amount of $512,215.00, for a total project budget of $674,204.00 was adopted.
X. STUDY SESSIONS
11. STUDY SESSION: TOWN HALL CAMPUS PROJECT
Mayor Royse provided brief introductory comments.
Senior Management Analyst Mandy Brown and Branden Harrell, Senior Designer, WRNS Studio, provided the staff presentation. City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment.
Ted Ullyot expressed concern that the three proposed conceptual plans do not include Centennial Park which includes memorials to fallen officers from Hillsborough.
Aaron Zornes spoke regarding COVID relief funds and inquired how this project ties to any Federal funding the Town is getting from any COVID relief programs.
Elizabeth Jeffords stated her property is directly impacted by the project, expressed concern regarding communications about the project, and stated that she objects strongly to all of the plans. Jeffords spoke regarding a 2019 report evaluating the Police Department building for repairs and stated she does not believe the site is worthy of high-density housing.
John Lavrich stated the efficiency of the current use of the Town Hall property in the current layout is not high and expressed concerns regarding the conceptual plans citing parking issues and that tall buildings are out of character with the Town's design. Lavrich suggested mixed use development with Town services on the first floor and two residential floors for housing and encouraged further study into the ability to include underground parking.
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Kenneth Housely, 705 Hillsborough Blvd., stated the Town Hall site is the only site in the Town that makes sense for low-income housing and spoke regarding the availability of commercial sites in neighboring cities for rezoning. Housely expressed concerns regarding property values and impacts on property tax.
Jeff Ford, Fairway Circle, stated he is supportive of affordable housing in Hillsborough but has serious concerns about the high density proposed at the Town Hall site citing the historical significance of the police station, environmental issues at the site, and potential conflict of interest for staff and the consultants. Ford inquired about the action items in the 2014 Housing Element and why they were not completed and inquired as to why lower density plans are not feasible if the site is to be used at all. Ford expressed concerns regarding environmental toxins at the current police station that may occur at a proposed new site near homes and that high density housing is being proposed only on the Town Hall campus, which is unfair to residents.
Laith Salma expressed concerns regarding high density housing at the Town Hall site, closure of Walnut, noise, and privacy issues.
Gina Haggarty, 420 Darrell Road, expressed concerns regarding high density housing and tall buildings on the Town Hall site and safety concerns regarding the closure of Walnut. Haggarty spoke in opposition to housing at the site and in favor of ADUs in the Housing Element.
John Bruell, 690 Fairway Circle, expressed concerns regarding communications about the project and the short timeline, and the lack of parks, senior housing and parking and the impact on schools.
Dennis Moore expressed concern that there are no options presented without housing and requested that the consultant be asked if they were given direction to including housing in the conceptual plans. Moore stated the Housing Element Advisory Committee suggested considering senior housing and housing for staff, police, firefighters and teachers.
Chris Read, resident on Walnut Avenue, spoke regarding safety and parking on Walnut Avenue and the importance of a traffic study.
Felicia Ferrari, 1635 Floribunda Avenue, expressed concerns regarding communication about the project and spoke in opposition to the project.
Jamie Greene expressed concerns regarding parking citing the Town's current regulation regarding no overnight parking and urged the City Council to provide additional direction to the consultants regarding what is important to the Town.
Raayan Mohtashemi, resident on Parrott Drive, spoke regarding the need for housing and support for housing on Town-owned land including the Town Hall site and for minimizing the number of vehicles incentivized on the site.
Mayor Royse closed public comment.
City Manager Ritzma responded to City Council questions.
12. STUDY SESSION: RHNA 6 HOUSING ELEMENT UPDATE - PROJECT BRIEFING ON
PUBLIC COMMENT RECEIVED TO DATE
Liz Ruess, Long-range Planning and Special Projects, provided the staff presentation.
City Manager Ann Ritzma and City Attorney Christopher Diaz provided additional information.
Mayor Royse opened public comment.
Karl Hansen expressed concerns regarding communications related to the draft Housing Element, spoke in opposition to the draft and spoke in support of accommodating the housing requirements without putting multifamily housing in Hillsborough, citing negative Minutes - Hillsborough City Council
Monday, September 12, 2022
impacts on the Town and lack of analysis of additional resources that will be required including schools, police and fire.
Aaron Zornes, resident on Alberta Way, spoke regarding the City Council's attention to feedback received and requested the Town read the resident housing surveys submitted and the survey results summary he provided.
Laith Salma expressed concerns regarding the methods of communication about the draft Housing Element and requested that the City Council reject the current draft and redraft the Housing Element using ADUs as the primary source for solving the housing problem rather than any zoning change, and spoke regarding the State audit of the RHNA calculation which found flaws in the methodology. Salma encouraged implementation of an education and outreach plan regarding ADUs to the community, ADU over a certain square footage.
Raayan Mohtashemi stated that while the proposed plan is a good effort to create a compliant plan to submit to HCD. Mohtashemi expressed concerns regarding the ADU allocation and encouraged the City Council to reduce the number of ADUs predicted in the draft and stated that rezoning will allow the Town to take a multipronged approach to increasing housing. Mohtashemi stated the State audit of the RHNA allocation found that there was an underestimate of the housing allocation.
John Bruell expressed concerns regarding the communication and outreach to residents and stated he learned at the Housing Element Open House that a garage can be converted to a junior ADU. Bruell encouraged personal outreach to residents to provide information regarding building an ADU. Bruell stated that a HEAC member let him know that the Town Hall consultant was directed not to look at any plans that did not include housing.
Guy Longworth stated that the current plan is totally unacceptable and spoke in opposition to the draft. Longworth encouraged the City Council to look at the alternative plan submitted by residents and decide whether it could be submitted as the basis for the Town's Housing Element.
Tessa Ambus, resident on Marlborough Road, spoke in opposition to the draft Housing Element and urged the City Council to look at alternative plans that can support the State's requirements without changing the landscape of the Town. Ambus expressed concerns regarding votes by a new segment of residents living in 600 square foot apartments citing what is important to current residents may not be important to members of the community looking through a different lens.
John Lavrich spoke in opposition to the draft Housing Element and to rezoning the entire Town to address the housing allocation. Lavrich stated the RHNA process is the first step toward socialized government control of private housing and development and suggested those displeased with the current RHNA process to vote differently. Lavrich suggested the Town see what HCD approves for other jurisdictions and to build our Housing Element based on the best housing elements that are approved. Lavrich stated the consultant said they were specifically asked to ignore Town-owned open space properties when drafting the Housing Element which contradicts remarks made by staff earlier in the meeting. Lavrich spoke in support of an age-restricted high density senior living center on a Town-owned lot and encouraged the City Council to study it.
Ted Ullyot spoke in opposition to the draft Housing Element and requested the City Council preserve what makes the Town special. Ullyot encouraged the City Council to aim to comply with legal requirements but not be cowed by HCD. Ullyot stated that in the prior RHNA cycle the Town met the allocation and more than doubled it and suggested that no buffer be used in the current Housing Element.
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Anne Paulson, Los Altos, stated she reviews housing elements for the Campaign for Fair Housing and advised the Town not to proceed with all or mostly ADUs in the Housing Element as their use may not overcome patterns of segregation or affirmatively favor fair housing.
Jeff Brady spoke in opposition to the draft Housing Element citing concerns with rezoning the Town and the unique needs of the Town that should be treated differently than other cities.
Dennis Moore, resident on Churchill Drive, spoke in opposition to the draft Housing Element. Moore expressed concerns regarding communications and outreach and suggested a more modern method of communicating beyond postal mail and newsletters. Moore suggested the trustees of deed-restricted open space areas be contacted to inquire if the restrictions can be relaxed in the Town's time of need. Moore encouraged housing for police, public school teachers, fire staff permanently assigned to Hillsborough stations, and Town staff.
Elizabeth Jeffords spoke in support of more ADUs and expressed concerns regarding the length of the permitting process in her experience and spoke in support of exploring SB9 as an alternative to rezoning.
Jeff Ford, resident on Fairway Circle, stated he is supportive of affordable housing, spoke in opposition to the current Housing Element and asked the City Council to reject the plan and commission a new plan that reflects resident input. Ford presented input provided by outside counsel regarding possibilities related to development of ADUs.
Ford express concerns regarding the length of the permitting process based on his experience and stated SB9 should be included in the Town's numbers.
Larry Friedberg, 870 Longview Road, expressed his love for the Town and recommended the City Council not rely too heavily on consultants like Houseal Lavigne, not believe that the Housing Element is just a plan, not rely too heavily on the input from the two open houses or the input of the small group of 17 residents, discouraged submitting a plan that the Town only thinks will satisfy the requirements of HCD, and encouraged the City Council to reset and expand the conversation to include more citizens.
Katie Haggerty spoke in opposition to rezoning, lot-splitting, building on Town land including the Town Hall site, proposing a plan to build on private land like Strawberry Hill being rezoned to high density housing in order to meet the State mandate, and discouraging redevelopment of sites with existing smaller single-family homes. Haggerty inquired as to who would own, control and run the Town Hall property if it were developed to include housing. Haggerty spoke in support of development of ADUs, requested improvements to the permitting process and recommended an increase in staffing in assist with the permitting process. Haggerty reminded the City Council of the values in the Town's values statement.
Noelle Langmack, resident on Eugenia Way, spoke in support of the proposed draft Housing Element and regarding the Housing Element Advisory Committee process.
Langmack applauded the use of safe harbor ADU projections as specified by the State.
Langmack encouraged the reduction of permitting fees and timelines to expedite housing development. Langmack spoke regarding potential penalties and lawsuits.
Melissa Klaerner spoke in opposition to the draft Housing Element and urged the City Council to reject it and adopt a new plan that takes into the consideration the ideas, opinions and desires expressed by residents. Klaerner stated that it is acceptable to submit a plan that will be rejected it because it can be revised and resubmitted. Klaerner stated there is no need or benefit to submitting a plan that will be accepted on the first try.
Gene Chan, resident on Hayne Road, expressed concerns regarding the current draft Housing Element and in spoke in support of the ADU option to increase the housing supply and bolster the community.
Minutes - Hillsborough City Council
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Mayor Royse closed public comment.
Councilmembers provided closing comments.
XI. INFORMATIONAL
13. CITY MANAGER'S UPDATE
City Manager Ann Ritzma provided an informational update.
XII. PUBLIC COMMENT II
There were no speakers.
XIII. CITY COUNCIL ITEMS
Councilmember May reported an upcoming Peninsula Clean Energy 2023 planning session and suggested Vice Mayor Krolik or another Councilmember attend since he will no longer be on the Board.
Vice Mayor Krolik reported her attendance at a Suicide Prevention Month kickoff event the availability of literature at Town Hall.
Mayor Royse reported that he, Vice Mayor Krolik, Councilmember Chuang and Councilmember Cole attended the League of California Cities Annual Conference in Long Beach and the conference program is available online for review.
Mayor Royse reported his attendance at the Hillsborough City School District back to school event on the first day of school and commended Councilmember May for his recognition as alum of the year and for providing the keynote address.
XIV. ADJOURNMENT
Mayor Royse adjourned the meeting at 10:21 p.m. in honor of the memory of the lives lost and impacted on September 11, 2001.
Submitted by:
Jun Natio
Lisa Natusch, City Clerk