TOWN OF HILLSBOROUGH
San Mateo County
Alvin L. Royse, Mayor 1600 Floribunda Avenue
Christine Krolik, Vice Mayor ALESPOROL Hillsborough, CA 94010 Marie Chuang, Councilmember www.hillsborough.net
Sophie Cole, Councilmember Phone 650-375-7400
Laurence M. May, Councilmember
MINUTES
MONDAY, SEPTEMBER 26, 2022
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.
I. CALL TO ORDER
Mayor Royse called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present: Chuang, Cole, Krolik, Royse
Absent: May
III. PLEDGE OF ALLEGIANCE
Mayor Royse led the Pledge of Allegiance.
IV. PUBLIC COMMENT I
John Lockton stated he has been approached by a number of lawyers to get involved in a lawsuit regarding water rates and stated they have one under retainer. Lockton stated that if the rates are passed there will be a lawsuit and suggested a discussion of the current cost of service of study.
Mary Beth Bykowsky, Outreach Analyst, California Department of Insurance, provided information regarding their Safer from Wildfires framework approach to reducing risk to help make existing homes and businesses safer from wildfires, and announced an upcoming virtual town hall.
Dennis Moore spoke in support of the comments by Mary Beth Bykowsky and provided comments regarding the water and solid waste rate protest process and in opposition to the increase in rates.
Larry Friedberg spoke in support of Dennis Moore's comments regarding the water and solid waste rate protest process and regarding the City Council's prior action to appoint nominees to the City Council, citing concerns with the Town's communication related to the election.
Friedberg stated a candidate who ran for election in 2020 was a victim of personal assaults and urged the City Council not to deny citizens the right to vote in the future and acknowledged Councilmember Cole and Mayor Royse for voting in opposition to the appointment.
V. ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Christopher Diaz stated regarding Item 2, the Fair Political Practices Commission (FPPC) has indicated for Housing Element discussions that if any Councilmember lives within 500 feet of one of the properties to be discussed or included in the Housing Element, the Councilmember should recuse themselves from the discussion. City Attorney Diaz stated that if any Councilmember lives within 1,000 feet it may be a conflict, and because the FPPC is the only body that can clear conflicts of interests for Councilmembers, out of an abundance of caution, Vice Mayor Krolik will step out of the discussion of the Strawberry Hill site as she is within 1,000 feet, Mayor Royse will step out for being within 500 feet of the SFPUC property Minutes - Hillsborough City Council
Monday, September 26, 2022
off Highway 280, and Councilmember Cole will step out for being within 500 feet of the Callan property.
Vice Mayor Krolik disclosed that her husband is a member of the Burlingame Country Club, if that property should come up in the discussion.
Mayor Royse stated that Councilmembers have met or spoken with many members of the community to listen to comments.
VI. CONSENT CALENDAR
Mayor Royse removed Item 1 from the Consent Calendar.
Public Works Director Paul Willis responded to City Council questions. City Attorney Diaz provided additional information.
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 with Councilmember May absent, the Consent Calendar was approved.
1. RESOLUTION CONSENTING TO EPS INC. DBA EXPRESS PLUMBING'S REQUEST
TO WITHDRAW ITS BID, REJECTING THE BID PROTEST RECEIVED FROM GATEWAY PACIFIC CONTRACTORS, INC. AS MOOT, AND AWARDING THE CONTRACT TO GATEWAY PACIFIC CONTRACTORS, INC. IN THE AMOUNT OF $7,180,000.00 WITH A 10% CONTINGENCY IN THE AMOUNT OF $718,000.00, IF NEEDED, FOR A TOTAL PROJECT COST OF $7,898,000.00
The resolution consenting to EPS Inc. dba Express Plumbing's request to withdraw its bid, rejecting the bid protest received from Gateway Pacific Contractors, Inc. as moot, and awarding the contract to Gateway Pacific Contractors, Inc. in the amount of $7,180,000.00 with a 10% contingency in the amount of $718,000.00, if needed, for a total project cost of $7,898,000.00, allocating funds from the Darrell Tank Improvement (Capital Improvement Plan #704.19), and authorizing the City Manager to execute the contract on behalf of the Town was adopted.
VIl. OLD BUSINESS
2. FIRST DRAFT OF THE RHNA 6 HOUSING ELEMENT UPDATE - CONSIDER AND
PROVIDE DIRECTION ON POLICY ALTERNATIVES
Mayor Royse provided introductory comments.
Liz Ruess, Long-range Planning and Special Projects and Senior Management Analyst Mandy Brown provided the staff report. City Attorney Christopher Diaz, Todd Leishman, Partner, Best, Best & Krieger, and City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment.
Ted Ullyot spoke in opposition to the draft Housing Element and in support of a revised draft to include no buffer, more than 451 ADUs, no rezoning and use of the overage from the RHNA 5 cycle and encouraged the City Council to protect the community and follow the same principles used in RHNA 5.
Dr. Lionel Foster, ADRB Chair, provided comments regarding the placement of the Callan property on the agenda as Old Business and provided historical information regarding the property.
Amy Jasmer, 2230 Oakdale Road, provided information regarding the Hillsborough Schools Foundation's funding of schools and expressed concerns regarding the long- Minutes - Hillsborough City Council
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term impact of the current draft Housing Element on schools including classroom size and funding.
Jordan Harband, 575 Pepper, spoke regarding the infrastructure needed to support increased housing, urged consideration of at least one parking spot for every adult living in the town, provided comments regarding the need for sidewalks for proper accessibility, and expressed concerns regarding impacts on schools.
Raayan Mohtashemi, Parrott Drive, spoke in support of the draft Housing Element as presented and requested the City Council prepare the draft for approval for submission to HCD for preliminary review and provided comments regarding the importance of planning for housing affordability.
Dan Capon expressed concerns regarding the suitability of the De Guigne site for development and the site suitability factor scoring in the draft Housing Element and displayed written materials.
Julius Young, McCreery Drive, HEAC member, spoke regarding AB 2097 regarding parking requirements, expressed concerns regarding transparency in the earlier presentation on the Town Hall campus and regarding Goal 4.5 in the draft Housing Element which he said was not presented to the HEAC, and requested it be removed.
Mark Lester, HEAC member, spoke regarding property rights and suggested the Town join with other communities in the State who are not going to go along easily with the State's requirements, recommended analysis of additional alternatives, suggested use of eminent domain on the properties identified near Highway 280, and stated there is a lot of support to oppose the plan if adopted.
Aaron Zornes reported the results of a survey he distributed, spoke in opposition to the draft Housing Element and rezoning and displayed a PowerPoint presentation.
Jeff Ford, Fairway Circle, requested the buffer be reduced or eliminated based on exceeding the requirements in the last RHNA cycle, in support of a mostly or entirely ADU plan, in opposition to rezoning anywhere in the town, and urged careful consideration of use of the Town Hall site.
Brent Regan, Trustee, Strawberry Hill, stated that they have begun steps to formally subdivide Strawberry Hill to take it out of the 10 acre or larger parcels for R2 zoning and that he has engaged an engineering firm to draw maps. Regan stated that they desire to ensure that if Strawberry Hill is ever developed, it is developed in the same character as the rest of the town. Regan stated that if an overlay zone is implemented, he would likely put in deed restrictions.
Laith Salma, Fairway Circle, spoke in opposition to the Housing Element as proposed, requested consideration of a solution that uses primarily ADUs with no rezoning, elimination of the buffer citing the town's RHNA 5 overage and a Town plan to include outreach to residents and financial incentives for ADU streamlining. Salma expressed concerns regarding the staff presentation and requested that Council not give in to pressure by the State, activists, or potential lawsuits. Salma spoke regarding the potential on the Town Hall site for features that benefit the entire community and in opposition to dense housing on the site.
Patrick Shannon provided comments regarding the grace period for compliance, expressed concerns regarding rezoning, and spoke in support of an ADU-concentrated plan and policies that would stimulate ADU production and working with HCD.
John Bruell spoke in support of ADUs in the Housing Element and in opposition to dense housing at the Town Hall site. Bruell expressed concerns regarding the use of the data from the COVID period, in support of ADU incentives, and requested the ability for residents to weigh in on the use of the Town Hall campus.
Sher Amos-Grosser, HEAC member, 315 Pinehill Road, spoke in opposition to the current plan and recommended reduction or elimination of the no net loss buffer, an Minutes - Hillsborough City Council
Monday, September 26, 2022
increase in the number of ADU units to reflect the ADU rate for 2021 and 2022, mandating ADUs for new construction and substantial remodels, and creation of a program to encourage and incentivize building on currently vacant privately-owned parcels in the town.
Greg Hampton, 1805 Elmwood Road, spoke in opposition to the draft housing element and expressed concerns regarding mandates from the State.
Kristen Brent, 810 Lombardi Lane, expressed concerns regarding the impact on property values and requested the City Council advocate on behalf of the residents' economic interests and property values. Brent spoke in opposition to multifamily units in the town and in support of meeting State requirements with ADUs.
Alex Dyner, 322 Ascot Road, stated the current plan is not supported by the community and encouraged more ADUs and a smaller buffer.
Michelle Hallet, 20 Denise Drive, spoke in support of the principles that make the town great and expressed concerns regarding the staff presentation and regarding potential development of the Hayne site.
Joseph Toms, 460 El Arroyo Road, stated that the town does not have to do what the State wants and should do what is best for the community and what the citizens want.
Tracy Lane spoke in opposition to the draft Housing Element and encouraged a focus on an ADU-based plan, spoke in support of earlier comments regarding impacts on property values and schools, and in opposition to overlays citing impacts on property values, traffic, parking and safety.
Paul Regan, former Mayor, stated the Town's success in RHNA 5 should be utilized to benefit the current plan, spoke in support of minimizing the buffer and maximizing ADUS and of spot rezoning the properties at Brooke Court and Tobin Clark citing their separation from the core of the town. Regan stated the current Town Hall site is not being utilized effectively and provided comments regarding the history of the site.
Dennis Moore, Churchill Drive, HEAC member, spoke in support of an alternate approach that he worked on called the "Smart Housing for Hillsborough" plan at smarthousingforhillsborough.org that is primarily based on ADUs. Moore expressed concerns regarding the impacts of the proposed buffer and requested the names of cities that have had their housing elements rejected for using exclusively ADUs, using one year of data or using projections for ADUs.
Elizabeth Jeffords, Fairway Circle, provided comments regarding the staff presentations, requested inclusion of legal risk categories and provided comments regarding the recommendations in a letter submitted by Housing Leadership Council of San Mateo.
Mayor Royse called a recess at 9:05 p.m.
The meeting reconvened at 9:22 p.m. with Councilmember May absent.
Melissa Klaerner spoke in opposition to the draft housing element and requested the slides presented by staff be made available so that residents can review and respond to the risk assessment presented. Klaerner requested the City Council take a bold approach to preserve the character of the town. Klaerner spoke in opposition to changes in zoning, multifamily buildings, dense housing or reduced lot sizes. Klaermer spoke in support of the letter submitted by Ted Ullyot, requested the City Council attempt to reduce the required numbers and receive credit for the overage in the prior cycle and spoke in opposition to consideration of the Hayne property.
Jeff Brady, Robin Road, requested the Town be firmer with the State and stand up for the fabric of the town, spoke in opposition to the draft Housing Element including the proposed buffer and rezoning, and recommended including more ADUS.
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Mehran Farid, 10 Highgate Lane, spoke in support of making ADUs mandatory for new construction and major remodels and spoke in opposition to development of the Town Hall site citing concerns regarding the impact on nearby Town residents and Burlingame residents on Walnut.
Steve Jeffords, 632 Fairway Circle, spoke in opposition to the development of housing at the Town Hall site, relocation of the police station and high-density housing.
Arlene Rosenberg, McCreery Drive, HEAC member, spoke in support of the general framework of the draft Housing Element and in support of redevelopment of the Town Hall site to include housing along El Camino Real.
Kelsey Banes, Campaign for Fair Housing Elements, provided information regarding the coalition and regarding current rental rates in Hillsborough and stated that ADUs and Senate Bill 9 are not enough to create affordable housing and provided the coalition's website: campaignforfairhousingelements.org for reference.
Gina Haggarty, Darrell Road, Realtor, spoke in opposition to the Housing Element and redevelopment of Town Hall citing impacts on property values and construction noise.
Larry Friedberg provided comments in opposition to the draft Housing Element, expressed concerns regarding lack of analysis of the options presented in the staff presentation, spoke regarding results of the survey conducted by Aaron Zornes, expressed concerns regarding guidance provided by the Town's consultant, and displayed a slide.
Jim Arbeed, Realtor, expressed concerns regarding the impact of high-density housing and rezoning on property values, in support of additional ADUs, and in support of joining with other towns to fight the State.
Khristine Holterman, 108 Baywood, HEAC member, encouraged the City Council to revise the Housing Element to reflect the bulk of housing requirements fulfilled with ADUs and JADUs with no buffer or a low buffer, and expressed concerns regarding guidance received from the Town's consultant.
Alex Ramsay, Brookvale Road, spoke in opposition to the draft Housing Element and in support of an ADU-heavy plan.
Mike Swire spoke in support of focusing development close to transit and in support of solutions that show the State the Town is trying to do the right thing.
Irina Reykel, Churchill Drive, provided comments regarding her negative experience with a low-income housing development in San Francisco and spoke in opposition to the draft Housing Element.
Joshua Albrektson, resident of South Pasadena, provided comments regarding Housing Elements submitted by cities in Southern California that have been rejected and cities that have been sued.
Noelle Langmack, Eugenia Way, HEAC member, spoke in support of the draft Housing Element.
Josh Burns, Marlborough Road, provided comments regarding fiscal responsibility and inquired about property taxes paid by affordable housing developments, and spoke in support of ADUs in the Housing Element as recommended in the "Smart Housing for Hillsborough" plan.
Lizzie Siegle expressed concerns regarding comments made by earlier speakers in opposition to housing in the town.
Mayor Royse closed public comment at 10:11 p.m.
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Council proceeded to discuss and provide final direction on inclusion or exclusion of various properties in the Housing Element.
At 10:11 p.m., Vice Mayor Krolik recused herself and left the room prior to discussion of the Strawberry Hill property.
Following discussion, by consensus (Vice Mayor Krolik recused, Councilmember May absent), Council directed inclusion of five units for the Strawberry Hill property with no change in zoning.
At 10:15 p.m., Vice Mayor Krolik returned to the room and took her seat at the dais. At the same time, Mayor Royse recused himself and left the room prior to discussion of the SFPUC property. Vice Mayor Krolik presided over this portion of the meeting.
Following discussion, by consensus (Mayor Royse recused, Councilmember May absent), Council directed inclusion of zero units for the SFPUC property.
At 10:18 p.m., Mayor Royse returned to the room, took his seat at the dais and presided over the remainder of the meeting.
At 10:19 p.m., Councilmember Cole recused herself and left the room prior to discussion of the Callan property.
Following discussion, by consensus (Councilmember Cole recused, Councilmember May absent), Council directed inclusion of eight units for the Callan property.
At 10:28 p.m., Councilmember Cole returned to the room and took her seat at the dais.
City Attorney Diaz read a statement from Councilmember May in his absence.
Vice Mayor Krolik and Councilmember Cole, Council liaisons to the Housing Element Advisory Committee, provided a PowerPoint presentation with recommendations to the City Council regarding the proposals in the draft Housing Element.
Councilmember Chuang and Mayor Royse provided comments.
The City Council proceeded to discuss and provide direction on the five policy areas in the Housing Element.
By consensus (Councilmember May absent), the City Council directed inclusion of 520 units for Accessory Dwelling Units (ADUs) in the housing element.
By consensus (Councilmember May absent), the City Council directed no RD-1 zoning and inclusion of a combination of 21 subdivisions and vacant parcels.
By consensus (Councilmember May absent), the City Council directed no RD-2 zoning.
By consensus (Councilmember May absent), the City Council directed inclusion of zero units at the De Guigne property.
By consensus (Councilmember May absent), the City Council directed inclusion of five units at the Hayne property.
By consensus (Councilmember May absent), the City Council directed inclusion of zero units at the Tobin Clark property.
By consensus (Councilmember May absent), the City Council directed inclusion of two units at the Brooke Court property.
By consensus (Councilmember May absent), the City Council directed inclusion of zero units at Town Hall.
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Senior Management Analyst Brown provided a summary of the City Council direction of inclusion of 561 units with a 1.3 percent buffer.
Council recessed at 12:03 a.m. due to technical difficulties in Council Chambers.
Council reconvened at 12:13 a.m. following resolution of technical issues with all Councilmembers present.
Councilmembers indicated unanimous support (Councilmember May absent) for the direction given to staff for revisions to the draft Housing Element to be presented at the October 10, 2022 City Council meeting, including elimination of Goal 4.5: Discourage redevelopment of sites with existing, smaller, single-family homes.
Councilmembers provided closing comments.
VIII. PUBLIC COMMENT I|
Jeff Ford provided comments regarding the ADU process and requested improvements to the process.
Laith Salma recommended a separate ADU incentive program to waive all fees on all applications that come in before January 1 and communicate it to the community, recommended mandating ADUs for new home construction and mandating an ADU and a Junior ADU on properties over a certain acreage, and urged the City Council to inquire as to whether the number of ADUs can be increased with these policies.
IX. CITY COUNCIL ITEMS
There were no City Council reports.
X. ADJOURNMENT
Mayor Royse adjourned the meeting at 12:24 a.m.
Submitted by:
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jsa Natusch, City Clerk