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, OCTOBER 10, 2022
4:30 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.
CLOSED SESSION
CALL TO ORDER
Mayor Royse called the meeting to order at 4:32 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 LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff - One Potential Case
Oral Threat of Litigation Made by Mr. John Lockton at the September 26, 2022 City Council Meeting Regarding the Proposed Water Rates
B. 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
C. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: Glenn Berkheimer and Kristin Armbruster Employee Organization: Hillsborough Police Officers Association
ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:48 p.m.
REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Minutes - Hillsborough City Council
Monday, October 10, 2022
Mayor Royse called the meeting to order at 6:00 p.m.
Il. ROLL CALL
Present: Chuang, Cole, May, Krolik, Royse
IlI. PLEDGE OF ALLEGIANCE
Mayor Royse led the Pledge of Allegiance.
IV. REPORT FROM CLOSED SESSION
Mayor Royse stated that there was no Closed Session report.
V. MINUTES: September 12, 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 September 12, 2022 City Council meeting were approved.
VI. PUBLIC COMMENT I
Dennis Moore spoke in opposition to the proposed water rates, expressed concern regarding a potential lawsuit, requested an adjustment to the water rates, and spoke in opposition to the process for protesting the rates as described in the Proposition 218 notice.
VIl. ANNOUNCEMENT OF CONFLICT OF INTEREST
Councilmember May disclosed he knows the attorney for the appellant, David Finkelstein, but has no other relationship with him.
City Attorney Christopher Diaz stated regarding Item 13, if there is a desire to have an individual discussion regarding the parcels discussed during the Housing Element item at the September 26, 2022 City Council meeting, for the SFPUC site, Mayor Royse would need to recuse as he is within 500 feet of the site, for the Strawberry Hill property, Vice Mayor Krolik would need to recuse out of an abundance of caution as she is within 1,000 feet of the property, for the Burlingame Country Club property, Vice Mayor Krolik would need to recuse as her husband is a member, and for the Callan property, Councilmember Cole would need to recuse as she is within 500 feet of the property.
VIll. CONSENT CALENDAR
Mayor Royse removed Item 4 and Item 11 for discussion.
Vice Mayor Krolik requested to remove Item 7 and Item 8 for discussion.
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 Item 1, 2, 3, 5, 6, 9 and 10 were approved.
1. MONTHLY CLAIMS: SEPTEMBER 1 THROUGH SEPTEMBER 30, 2022 The monthly claims for September 1 through September 30, 2022 were approved as submitted.
2. QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT
The Quarterly Interest Rate Products (SWAP) Report was accepted.
Minutes - Hillsborough City Council
Monday, October 10, 2022
3. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2022
The Quarterly Treasurer's Report for the Quarter Ending September 30, 2022 was approved.
4. APPROVE RESPONSE TO GRAND JURY REPORT: "A DELICATE BALANCE BETWEEN KNOWLEDGE AND POWER: GOVERNMENT TRANSPARENCY AND THE PUBLIC'S RIGHT TO KNOW"
City Manager Ann Ritzma reviewed the Town's response to the findings and recommendations in the Grand Jury Report.
On motion by Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, the response to Grand Jury Report: "A Delicate Balance Between Knowledge and Power: Government Transparency and the Public's Right to Know" was approved.
5. RESOLUTION APPROVING AND ADOPTING THE AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 The resolution approving and adopting the Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974 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, with acknowledgment 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, which further supports the finding was approved.
7. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONSOLIDATED CM, INC. FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE DARRELL WATER TANK REPLACEMENT PROJECT IN A NOT-TO-EXCEED AMOUNT OF $499,728.00; AND APPROVING A FISCAL YEAR 2022-23 BUDGET AMENDMENT IN THE WATER FUND CAPITAL IMPROVEMENT PROJECT (CIP) #704.19 IN THE AMOUNT OF $499,728.00 This item was considered together with Item 8.
Vice Mayor Krolik provided comments. Public Works Director Paul Willis responded to City Council questions.
On motion by Vice Mayor Krolik, seconded by Councilmember Chuang an unanimous on roll call vote, the resolution awarding to and authorizing the city manager to execute an agreement with Consolidated CM, Inc. for construction management and inspection services for the Darrell Water Tank Replacement Project in a not-to-exceed amount of $498,728.00; and approving a Fiscal Year 2022-23 budget amendment in the water fund capital improvement project (CIP) #704.19 in the amount of $498,728.00 was adopted.
8. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH FREYER & LAURETA, INC.
FOR ENGINEERING SERVICES FOR THE CONCEPTUAL DESIGN OF THE HIGHLINE WATER PIPELINE PROJECT IN THE AMOUNT OF $150,000.00, FOR A TOTAL CONTRACT AMOUNT OF $571,600.00
This item was considered together with Item 7.
Vice Mayor Krolik provided comments. Public Works Director Paul Willis responded to City Council questions.
Minutes - Hillsborough City Council
Monday, October 10, 2022
On motion by Vice Mayor Krolik, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution approving and authorizing the city manager to execute an amendment to the existing agreement with Freyer & Laureta, Inc. for engineering services for the conceptual design of the Highline Water Pipeline Project in the amount of $150,000.00, for a total contract amount of $571,600.00 was adopted.
9. RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE
CALRECYCLE RUBBERIZED PAVEMENT GRANT PROGRAM FOR WHICH THE
TOWN OF HILLSBOROUGH IS ELIGIBLE
The resolution directing staff to submit an application to CalRecycle for the Rubberized Pavement Grant Program; authorizing and empowering the City Manager, or her designee, to execute all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project, was adopted.
10. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH FARALLON CONSTRUCTION TO BUILD AN
ADDITION WITH TWO OFFICES AT THE PUBLIC WORKS CORPORATION YARD ADMINISTRATION BUILDING IN THE AMOUNT OF $154,490.00
The resolution awarding to and authorizing the City Manager to execute the contract with Farallon Construction to build an addition with two offices at the Public Works Administration building in the amount of $154.490.00 with a contingency of 15%, if needed, for a total of $177,163.00, was adopted.
APPROVE RESPONSE TO GRAND JURY REPORT: "THE OTHER WATER WORRY:
IS YOUR WATER PROVIDER PREPARED FOR THE BIG ONE?"
Public Works Director Paul Willis responded to City Council questions.
On motion by Councilmember Cole, seconded by Councilmember Chuang and unanimous on roll call vote, the response to Grand Jury Report: "The Other Water Worry:
Is Your Water Provider Prepared for the Big One?" was approved.
IX. PUBLIC HEARING
12. APPEAL OF ARCHITECTURE AND DESIGN REVIEW BOARD (ADRB) DESIGN
REVIEW APPROVAL FOR A TWO-STORY SINGLE-FAMILY HOME LOCATED AT 1950 RALSTON AVE. AND CONSIDERATION OF ADOPTION OF RESOLUTION
APPROVING TWO STORY HOME
Mayor Royse outlined the hearing process.
Councilmember Cole made a statement addressing her ability to be impartial and a fair decision maker in response to a written request from the appellant.
Vice Mayor Krolik disclosed she visited 30 Country Club Drive, spoke briefly to the owner and viewed the backyard, and she visited 1950 Ralston Avenue.
Councilmember Chuang disclosed that she drove by 1950 Ralston, drove down Country Club Drive and stopped in front of 30 Country Club Drive.
Councilmember Cole disclosed she drove by 1950 Ralston and walked around Country Club Drive.
Councilmember May disclosed he drove by 1950 Ralston and has driven down Country Club Drive numerous times over the years.
Mayor Royse disclosed he drove by 1950 Ralston and drove through and walked through Country Club Manor but has not had any communication with the residents.
Minutes - Hillsborough City Council
Monday, October 10, 2022
Associate Planner Linda Roberson provided the staff presentation. City Attorney Diaz provided additional information.
Mayor Royse opened the Public Hearing at 7:23 p.m. (3:18) David Finkelstein, attorney for appellants Jack Damato and Dana Galante, and Jack Damato, appellant, provided information regarding their appeal of the Architecture & Design Review Board decision.
Jim Yamas provided comments in support of the appeal citing the history of single-story homes in the neighborhood, incompatibility of the proposed home with the existing neighborhood and the number of neighbors in opposition to the two-story home, and displayed a map.
Anne Paulson, Los Altos, spoke in support of approval of the two-story home and if the home is not approved, recommended use of the site as a four-story apartment building.
Kathy Ceremsak, 10 Country Club Drive, stated that the house as proposed does not meet the ADRB guidelines and spoke in objection to the massing. Ceremsak stated that the home is only 3.5 feet lower than the maximum height for any house in Hillsborough.
Ceremsak stated that they had asked for the story poles to remain, but they were removed. Ceremsak stated that there are no CC&Rs for Country Club Manor with a requirement that homes remain one-story, but the neighborhood has remained a one- story neighborhood for 70 years with the exception of a two-story home at 301 Pepper and she was told it was approved because there were two easements on the property and it was otherwise unbuildable.
Joe Gurkoff, 1565 Bellevue Avenue, expressed concerns regarding R&G Development based on his experience with issues during construction of a home across the street from his home.
Katharine Moore, 35 Genevra Road, stated the design of the project is inconsistent with the neighborhood.
Patricia Pascoe, 130 Country Club Drive, expressed support for the openness of the existing one-story neighborhood and urged the City Council to keep the neighborhood the way it is.
Steven Hanson, 5 Country Club Drive, provided comments regarding the design guidelines related to massing and single-story and ranch style homes and expressed concern that the story poles were removed.
Casey Courneen, 1850 Ralston Avenue, expressed concerns regarding the process at the ADRB meeting and requested the item be returned to the ADRB, spoke regarding the importance of precedent and the historical character of the neighborhood and recommended the applicant consider other options.
Richard Gold, 70 Country Club Drive, spoke in support of building a subterranean level rather than a second story.
Appellant Jack Damato provided additional comments regarding the appeal.
Mayor Royse closed the Public Hearing at 8:07 p.m.
Mayor Royse re-opened the Public Hearing at 8:08 p.m. for a clarifying question of the appellant.
Appellant Jack Damato responded to City Council questions.
Mayor Royse closed the Public Hearing at 8:09 p.m.
Councilmembers asked questions of staff.
Minutes - Hillsborough City Council
Monday, October 10, 2022
Mayor Royse re-opened the Public Hearing at 8:25 p.m. to hear comments from the applicant.
Britt Miller, Applicant, provided information regarding the property and changes that have been made to the project during the process.
Mayor Royse closed the Public Hearing at 8:30 p.m.
City Attorney Diaz responded to City Council questions.
MOTION: Vice Mayor Krolik moved and Mayor Royse seconded the motion to direct staff to return to Council with a resolution of denial of the project for adoption.
SUBSTITUTE MOTION: Councilmember Cole moved and Councilmember May seconded the substitute motion to deny the appeal and ask for some amendments around the parties working out the design in terms of the massing issue.
Following discussion, Mayor Royse summarized the substitute motion: Continue the item to the next regular City Council meeting with the with a strong recommendation to the parties to work out modifications to the design related to the massing and direction to staff to return to Council with a resolution of approval and resolution of denial for consideration at that meeting. The substitute motion carried by the following roll call vote:
Yes: 4 (Krolik, Chuang, Cole, May)
No: 1 (Royse)
Mayor Royse called a recess at 8:54 p.m.
Council reconvened at 9:07 p.m. with all Councilmembers present.
X. OLD BUSINESS
13. REVISIONS TO THE FIRST DRAFT OF THE HOUSING ELEMENT UPDATE Liz Ruess, Long-range Planning & Special Projects, provided the staff report. City Attorney Christopher Diaz and City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment.
Raayan Mohtashemi, 915 Parrott Drive, spoke in opposition to the plan as reformulated and recommended the HEAC-formulated plan.
John Bruell, 690 Fairway Circle, spoke in support of the revised draft Housing Element.
Ted Ullyot, Brookvale Road, spoke in support of the revised draft Housing Element and urged the City Council to reach out to other cities who have received or will receive rejection letters from HCD, and finding lawyers who can defend the Town against HCD.
Laith Salma stated he is planning to obtain an ADU permit by the end of the year, suggested notification to the community regarding the ADU process, suggested increasing the proposed units to 574 by rezoning the Town-owned house on Floribunda to be designed as a single-family home with eight microunits for fire, police and other Town staff in order to increase the proposed buffer, and spoke in support of the comments made by Ted Ullyot.
Larry Friedberg commended Dennis Moore and Aaron Zornes for their efforts related to the Housing Element, requested that the housing element include language regarding exceeding the RHNA 5 allocation and the type of community that Hillsborough is, and requested direction to staff to identify data related to ADUs, create an ADU volunteer program, and increased outreach regarding ADUs.
Gregory Hampton, 1805 Elwood Road, provided comments regarding the grace period allowed by the State and regarding the Builder's Remedy.
Minutes - Hillsborough City Council
Monday, October 10, 2022
Josh, South Pasadena, provided comments regarding Housing Elements submitted by cities in the Los Angeles area, rejection by HCD of Housing Elements submitted with primarily ADUs, and regarding lawsuits against cities related to uncompliant housing elements.
Melissa Klaerner spoke in support of the revised draft Housing Element and of suggestions by other speakers to partner with other cities to engage with HCD or with the courts, if necessary, and to emphasize the Town's success in RHNA 5, make use of data, and consider adopting or modifying ordinances to increase incentives to build ADUs.
Noelle Langmack, Eugenia Way, spoke in support of adopting the draft Housing Element developed by the HEAC, stated a lack of confidence that the plan for ADUs will result in more housing, and spoke in support of multifamily housing, citing the benefits to the entire community.
Joseph Toms, 460 El Arroyo Road, spoke in support of the revised draft Housing Element.
Paul Regan, El Arroyo Road, spoke in support of the revised draft Housing Element and of emphasizing in the document that our community is not adopting a NIMBY approach, but a "put it in my backyard" approach.
Anne Paulson, Los Altos, suggested creating a rental registry to demonstrate that the ADUs to be built will house low-income residents.
Dennis Moore, Churchill Drive, spoke in support of an ADU rental registry and teaching people how to build, rent and manage an ADU, and volunteered his time to assist with these efforts. Moore encouraged anyone interested in volunteering for a citizen's approach to helping the plan to contact him or Larry Friedberg.
Lizzie Siegle urged the City Council to build affordable, multifamily housing at the Town Hall site and spoke in support of inclusivity and planning for housing for future generations.
Aaron Zornes spoke regarding the response to a survey he conducted and expressed appreciation to the City Council, Town staff, the Housing Element Advisory Committee members and the community for their efforts related to the Housing Element.
Mayor Royse closed public comment.
Councilmembers provided comments.
Following discussion, with Councilmember May opposed, the City Council directed staff to submit the Housing Element to HCD with modifications to expand the ADU section, add an explanation of why ADUs are best for the Town, add language regarding the type of community Hillsborough is, and exploration of the possibility of a personal meeting with HCD.
XI. INFORMATIONAL
14. CITY MANAGER'S UPDATE
City Manager Ann Ritzma provided an informational update.
XII. PUBLIC COMMENT II
Laith Salma stated the home across the street from him on Fairway Circle was broken into and expressed concern regarding the number of license plate readers in the town and recommended purchasing additional cameras.
Larry Friedberg inquired regarding the process for members of the public to provide comments on items requested to be removed from the Consent Calendar.
Minutes - Hillsborough City Council
Monday, October 10, 2022
XIII. CITY COUNCIL ITEMS
Councilmember Chuang reported that September was "Hillsborough Helping Month" and over 65 bags of groceries were collected for the Samaritan House to support food insecurity.
Mayor Royse reported his attendance at a meeting of SFO Airport/Community Roundtable in which airport capacity, the night hush program and sea level rise was discussed, a Sustainable San Mateo County Sustainability Dashboard meeting, and provided information about the Center for Age-Friendly Excellence (CAFE), led by former Burlingame Mayor Ann O'Brien Keighran, who will provide a presentation at the November 14 City Council meeting.
Mayor Royse congratulated Christine Reed for her receipt of the "Hidden Heroes of the Greenbelt award from the Greenbelt Alliance for her work on the Wildland Urban Interface (WUI) inspection program, Don Geddis for his receipt of the Associated Parents Group 2022 Citizen of the Year Award, and Tony Giacomazzi for his receipt of the Associated Parents Group 2022 Hillsborough Schools' Community Care Award.
Vice Mayor Krolik reported her attendance at a meeting of Peninsula Clean Energy and a meeting of commute.org and recognized the programs at the Burlingame Community Center.
XIV. ADJOURNMENT
Mayor Royse adjourned the meeting at 10:53 p.m.
Submitted by:
Jun Nation
Lisa Natusch, City Clerk