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, NOVEMBER 14, 2022
4:00 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
Conference or in person at Town Hall.
CLOSED SESSION (4:00 pm)
CALL TO ORDER
Mayor Royse called the meeting to order at 4:01 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 Significant exposure to litigation pursuant to Section 54956.9(d)(2) of the California Government Code: One potential case (see claim document in agenda packet) B. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: Glenn Berkheimer and Kristin Armbruster Employee Organization: Hillsborough Police Officers Association
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Pursuant to Government Code Section 54956.9(a)
One Case - Town of Hillsborough v. Leininger, San Mateo Superior Court Action No. 22CIV04063
D. 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
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(d)(2)
Minutes - Hillsborough City Council
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Appeal Regarding 1950 Ralston Avenue Two Story Home and Litigation Threat based on November 4, 2022 Correspondence from Legal Counsel for the Property Owner (included as an attachment to Item 5)
ADJOURN CLOSED SESSION
The Closed Session adjourned at 6:03 p.m.
REGULAR CITY COUNCIL MEETING (6:00 pm)
I. CALL TO ORDER
Mayor Royse called the meeting to order at 6:03 p.m.
Il. ROLL CALL
Present: Chuang, Cole, May, Krolik, Royse (Councilmember May arrived at 6:10 p.m.) III. PLEDGE OF ALLEGIANCE
Mayor Royse led the Pledge of Allegiance.
IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported regarding Item A, the City Council voted unanimously to reject the Hyman claim.
V. MINUTES: September 26, 2022, October 10, 2022, October 27, 2022, November 2, 2022 Mayor Royse clarified regarding the last sentence of the last paragraph of Public Comment on page one of the minutes of September 26, 2022 related to the appointment of Councilmembers in lieu of election, that his vote in opposition was to the appointment process and not to the appointments.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
On motion by Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote with Councilmember May absent, the minutes of the September 26, 2022, October 10, 2022, October 27, 2022 and November 2, 2022 City Council meeting were approved.
VI. PROCLAMATION
• UNITED AGAINST HATE WEEK - NOVEMBER 13-19, 2022
Mayor Royse read a proclamation in recognition of United Against Hate Week.
VIl. PUBLIC COMMENT I
Larry Friedberg provided comments regarding the turnout for the November midterm elections and the August 25, 2022 Special City Council meeting in which two Councilmembers were appointed to two open City Council seats. Friedberg expressed concern regarding not having an election in Hillsborough and provided comments regarding elections in other California cities that had the same number of candidates as open seats and encouraged the City Council to proceed with elections in the future.
VIII. ANNOUNCEMENT OF CONFLICT OF INTEREST
Regarding Item 5, 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.
IX. CONSENT CALENDAR
Minutes - Hillsborough City Council
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Regarding Item 1, Mayor Royse reported a typo in the staff report regarding the October 2022 monthly claims amount and stated the total claims amount was $5,003,867.50 as noted in the Monthly Claims Listing attached to the staff report.
Mayor Royse read the titles of the Consent Calendar items.
There were no requests from the public to remove an item from the Consent Calendar.
Mayor Royse addressed a comment made at a prior meeting regarding the ability to provide comments on items on the Consent Calendar and stated that if a member of the public would like to provide comments on a Consent Calendar item, they should request to remove the item from the Consent Calendar during the meeting.
On motion by Councilmember May, seconded by Councilmember Chuang and unanimous on roll call vote, the Consent Calendar was approved.
1. MONTHLY CLAIMS: OCTOBER 1 THROUGH OCTOBER 31, 2022 PURSUANT TO CEQA GUIDELINE 15378
The monthly claims for October 1 through October 30, 2022 were approved as submitted.
2. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SECOND AMENDMENT TO THE STANDBY BOND PURCHASE AGREEMENT SUPPORTING THE TOWN OF HILLSBOROUGH'S SERIES 2000A, 2000B, 2003A, AND 2006A VARIABLE RATE CERTIFICATES OF PARTICIPATION, AND ANCILLARY
DOCUMENTS RELATED THERETO
This item was reconsidered following action on the item as part of the Consent Calendar and following consideration of Item 9.
At 8:46 p.m., Finance Director Jan Cooke provided the staff report. City Manager Ann Ritzma, Bond Counsel Kim Byrens and Financial Advisor Josh Cooperman 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, the resolution approving and authorizing the City Manager to execute the second amendment to the Standby Bond Purchase Agreement supporting the Town of Hillsborough's Series 2000A, 2000B, 2003A, and 2006A variable rate certificates of participation and ancillary documents related thereto was adopted.
Following action on Item 2, the City Council considered Item 6.
3. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361 AND CEQA GUIDELINE 15378
A motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361 and CEQA Guideline 15378, 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.
4. RESOLUTION APPROVING THE SUMMARY VACATION OF AN EXISTING FIVE- FOOT-WIDE PUBLIC UTILITY EASEMENT AT 1260 KENILWORTH ROAD PURSUANT TO CEQA GUIDELINE 15061(B)(3)
The resolution approving the summary vacation of an existing five-foot-wide public utility easement at 1260 Kenilworth Road pursuant to CEQA Guideline 15061(B)(3) was adopted.
Minutes - Hillsborough City Council
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X. PUBLIC HEARING
5. APPEAL OF ARCHITECTURE AND DESIGN REVIEW BOARD (ADRB) DESIGN
REVIEW APPROVAL FOR A TWO-STORY SINGLE-FAMILY HOME LOCATED AT 1950 RALSTON AVENUE AND CONSIDER: (1) ADOPTION OF A RESOLUTION
DENYING THE APPEAL AND APPROVING THE TWO STORY HOME PURSUANT TO CEQA GUIDELINE 15303; OR (2) ADOPTION OF A RESOLUTION UPHOLDING THE
APPEAL AND DENYING THE TWO STORY HOME PURSUANT TO CEQA GUIDELINE 15270 - CONTINUED FROM OCTOBER 10, 2022
Associate Planner Linda Roberson provided the staff report. City Manager Ann Ritzma and City Attorney Christopher Diaz provided additional information.
Councilmember May stated he ran into a resident of Country Club Drive at the grocery store about one week after the hearing and the resident thanked the City Council for giving them a thorough hearing.
Mayor Royse provided introductory comments and outlined the hearing process.
Mayor Royse opened the Public Hearing at 6:48 p.m.
Appellant Dana Gallante and Kathy Ceremsak, on behalf of the appellant, provided information regarding the appeals and discussions with the applicant since the October 10, 2022 City Council meeting and distributed materials to the City Council.
Arthur Coon, Attorney, Miller Starr Regalia, on behalf of the applicant, 1950 Ralston LLC, provided comments regarding the project.
Casey Courneen, 1850 Ralston, spoke in opposition to the project citing the precedent for single family homes in the neighborhood.
Tim Raduenz, designer, 1950 Ralston, provided comments regarding the design process for the project, the Town's design guidelines, the concessions made, and stated the tree in the back of the property will be kept.
Colleen Fitgerald, 1900 Ralston, spoke in opposition to the project citing the size of the proposed home and requested the project be denied.
Norm Brod, 50 Country Club, provided comments regarding the homes currently in the neighborhood and stated approval of the project would cause additional two-story homes to be built in the neighborhood and stated the importance of leaving the neighborhood as a single-story neighborhood.
Gib Papazian, 325 Pepper, provided comments regarding his experience building a two- story home in the neighborhood and in support of the project.
Britt Miller, owner, 1950 Ralston, provided comments regarding the appeal process and comments made at the ADRB meeting with the item was heard. Miller spoke in support of the information in the staff presentation and stated that there is no single-story home deed restriction in the neighborhood.
Jeff Williams, 808 Eucalyptus, spoke in support RG Development as the builder of his home and in support of the project.
Jim Yamas, 25 Genevra, spoke regarding the importance of referencing a map of the Country Club Manor neighborhood when considering the project and in opposition to the Louis Chang, 20 Country Club, stated they built their single-story home understanding the neighborhood to be single-story neighborhood. Chang stated that the project at 1950 Ralston would cause a loss of privacy for his home and that he has photos taken from inside his home when the story poles were up, and the story poles can be seen from his living quarters. Chang requested the neighborhood remain a single-story neighborhood.
Minutes - Hillsborough City Council
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Greg Gambrioli, RG Development, provided comments regarding the project and meetings with neighbors during the process, provided information about other projects built by RG Development and stated 1950 Ralston is designed as a one and a half story.
Steve Hanson, 5 Country Club, provided comments regarding photos taken of the home when the story poles were up at the site and stated the home appeared very boxy.
Katharine Moore, 35 Genevra, stated that she did an extensive remodel but maintained a single-story home in the single-story neighborhood.
Patricia Pascoe, 130 Country Club, stated the neighborhood is consistently opposed to two-story homes in favor of privacy and a love for single-story homes.
Kathy Ceremsak, 10 Country Club, provided comments regarding neighborhood outreach to 37 households by the appellant.
Mayor Royse closed the Public Hearing at 7:53 p.m.
MOTION: Councilmember May moved and Councilmember Cole seconded the motion to adopt a resolution denying the appeal and approving a new, 5,478 square foot two-story craftsman style residence located at 1950 Ralston Avenue pursuant to CEQA Guideline 15303.
SUBSTITUTE MOTION: Vice Mayor Krolik moved and Mayor Royse seconded the motion to adoption a resolution upholding the appeal and denying the two-story home pursuant to CEQA Guideline 15270.
The substitute motion failed by the following vote:
YES: 2 (Krolik, Royse)
NO: 3 (Chuang, Cole, May)
The main motion carried by the following vote:
YES: 3 (Chuang, Cole, May)
NO: 2 (Krolik, Royse)
Mayor Royse called a recess at 8:17 p.m.
Council reconvened at 8:28 p.m. with all Councilmembers present.
Mayor Royse stated there was a request to take Item 9 out of order.
City Attorney Diaz stated that Item 2 on the Consent Calendar should be reconsidered as a discussion of the item is required, and a motion could be made to reconfirm the earlier action.
Without objection, the City Council proceeded to consider Item 9.
6. PROPOSITION 218 HEARING: RESOLUTION AUTHORIZING RATES FOR SOLID WASTE CHARGES PURSUANT TO CEQA GUIDELINE 15378, 15273 AND PUBLIC RESOURCES CODE SECTION 21080(B(8)
This item was considered following action on Item 2.
Finance Director Jan Cooke and Rick Simonsen, Senior Vice President, HF&H Consultants provided the staff report. City Manager Ann Ritzma, Attorney Lutfi Kharuf, and Joe La Mariana, Executive Director, Recology provided additional information.
Mayor Royse opened the Public Hearing at 9:14 p.m.
Mark Korody expressed concern regarding an issue Recology has in San Francisco and requested assurance that the burden of liability is not being spread to other communities served by Recology.
Minutes - Hillsborough City Council
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Larry Friedberg spoke in opposition to the process for submitting a formal protest outlined in the Proposition 218 notice and stated that email protests should have been accepted
Mayor Royse closed the Public Hearing at 9:26 p.m.
City Clerk Lisa Natusch reported the Town received a total of 25 written protests and that written protests against the proposed rates were not presented by a majority of the property owners or tenants of the identified parcels subject to the proposed rate increases, therefore, the City Council was authorized to adopt the rate increases. City Clerk Natusch stated that to achieve a majority, at least 1,953 protests would have needed to be received
On motion by Councilmember Chuang, seconded by Vice Mayor Krolik and unanimous on roll call vote, the resolution authorizing rates for solid waste charges pursuant to CEQA Guideline 15378, 15273 and Public Resources Code Section 21080(B)(8) was
7. PROPOSITION 218 HEARING: RESOLUTION ADOPTING MAXIMUM RATES FOR
WATER SERVICE CHARGES AND AUTHORIZING THE IMPLEMENTATION OF
REVENUE STABILIZATION FACTORS TO THE VOLUME CHARGE RATES, AS NECESSARY PURSUANT TO CEQA GUIDELINE 15378, 15273 AND PUBLIC RESOURCES CODE SECTION 210800B)(8)
Finance Director Jan Cooke and Rick Simonsen, Senior Vice President, HF&H Consultants provided the staff report. Attorney Lutfi Kharuf, Public Works Director Paul Willis and City Manager Ann Ritzma provided additional information.
Mayor Royse opened the Public Hearing at 10:07 p.m.
John Lockton expressed concerns regarding the cost-of-service study and stated that the basis used to determine rates is subject to lawsuit and the Town should have a flat rate.
Lockton referenced a memo he submitted to the City Council.
Steve Hassid, 1090 Parrott Drive, spoke in favor of tiered rates to incentivize water conservation and in opposition to the fixed portion of the water bill.
Josh Cooperman, speaking for himself, provided historical information on the establishment of the rates and spoke in opposition to the recent lawsuit settlement.
Richard Miller, 250 Darrell Road, recommended introducing a minimum amount of water usage so that residents who have already reduced consumption are not asked to further reduce consumption.
John Lockton responded to City Council questions.
Mayor Royse opened the Public Hearing at 10:56 p.m.
City Clerk Lisa Natusch reported the Town received a total of 30 written protests and that written protests against the proposed rates were not presented by a majority of the property owners or tenants of the identified parcels subject to the proposed rate increases, therefore, the City Council was authorized to adopt the rate increases. City Clerk Natusch stated that to achieve a majority, at least 2,007 protests would have needed to be received.
On motion by Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, the resolution adopting maximum rates for water service charges and authorizing the implementation of revenue stabilization factors to the volume charge rates, as necessary pursuant to CEQA Guideline 15378, 15273 and Public Resources Code Section 21080(B)(8), with implementation of the rates deferred to June 30, 2023, and direction to staff to work with interested citizens during that time to Minutes - Hillsborough City Council
Monday, November 14, 2022
try to explore some of the issues raised and whether there are any other options the Town should be considering for future action, was adopted.
XI. NEW BUSINESS
8. APPROVAL TO PROCEED WITH THE CENTER FOR AGE-FRIENDLY
EXCELLENCE'S TECHNICAL ASSISTANCE TO APPLY FOR THE AGE-FRIENDLY
COMMUNITIES (AFC) CERTIFICATION UNDER THE AARP/WORLD HEALTH
ORGANIZATION (WHO) NETWORK OF AGE FRIENDLY COMMUNITIES PURSUANT TO CEQA GUIDELINE 15378
City Manager Ann Ritzma and Center for Age-Friendly Excellence's representative Ann O'Brien Keighran provided a 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, the City Council directed staff to include at the City Council Goal Setting session in February 2023 consideration of proceeding with the Center for Age-Friendly Excellence's technical assistance to apply for the Age-Friendly Communities (AFC) certification under the AARP/WHO Network of Age Friendly Communities.
Following action on Item 8, the City Council considered Item 10.
9. HILLSBOROUGH CONCOURS D 'ELEGANCE 2022 - POLICE SERVICES - PURSUANT TO CEQA GUIDELINE 15378
This item was considered following the recess.
City Manager Ann Ritzma provided the staff report.
Mayor Royse opened public comment.
Rob Fischer, former Chair, Concours d'Elegance, provided information about the history of the event and the Hillsborough Concours Foundation and in appreciation for the Town's support
Mayor Royse closed public comment.
On motion by Vice Mayor Krolik, seconded by Councilmember May and unanimous on roll call vote, a waiver of the costs associated with police services for the 2022 Hillsborough Concours d 'Elegance in the amount of $16,820.50 in recognition of the philanthropic public benefit was approved.
Following action on Item 9, the City Council reconsidered Item 2.
XII. INFORMATIONAL
10. TOWN OF HILLSBOROUGH ARCHITECTURE AND DESIGN REVIEW BOARD BYLAWS PURSUANT TO CEQA GUIDELINE 15378
Liz Ruess, Long-range Planning & Special Projects, provided the staff report and noted a revision to the draft bylaws to correctly reflect the number of alternate members of the board. City Manager Ann Ritzma provided additional information.
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.
11. CITY MANAGER'S UPDATE
City Manager Ann Ritzma provided an informational update.
Minutes - Hillsborough City Council
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XIII. PUBLIC COMMENT II
There were no speakers.
XIV. CITY COUNCIL ITEMS
Councilmember Chuang reported her attendance at a meeting of the City/County Association of Governments in which the outreach phase of the northbound Highway 101 express lanes and extended rain barrel program were discussed. Councilmember Chuang reported an Urban Search and Rescue drill in which the CERT leadership team was invited to observe.
Mayor Royse reported the City Council held a Community Roundtable with organizations in the Town and expressed appreciation to the Hillsborough Beautification Foundation for the Veteran's Day event.
XV. MAYOR'S APPLAUSE
Mayor Royse recognized the Hillsborough Neighborhood Network (HNN) leadership team:
Mike Chuang, Richard Miller, Steve Livingston, Dennis Tom and Marie Chuang, for their work in the Town to organize individuals, neighborhoods and the community for emergency preparedness and for their NeighborFest event that provides the community with emergency training, evacuation information and emergency preparedness education. Mike Chuang provided comments.
XVI. ADJOURNMENT
Mayor Royse adjourned the meeting at 11:56 p.m.
Submitted by:
isa Natusch, City Clerk