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Minutes

Hillsborough City Council
January 9, 2023

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Minutes
Meeting
January 9, 2023
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Hillsborough City Council
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TOWN OF HILLSBOROUGH
San Mateo County
Christine Krolik, Mayor 1600 Floribunda Avenue
Sophie Cole, Vice Mayor Hillsborough, CA 94010
Marie Chuang, Councilmember www.hillsborough.net
Leslie Marden Ragsdale, Councilmember Phone 650-375-7400 Alvin L. Royse, Councilmember

MINUTES
MONDAY, JANUARY 9, 2023
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 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 Krolik called the meeting to order at 4:31 p.m.

ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik

PUBLIC COMMENT
Joe Goethals introduced his client, Paul Leininger.

Paul Leininger provided comments regarding Closed Session Item A. Leininger requested that the City Council consider modifying the proposed settlement agreement to allow 24-hour loading and unloading four times per year because he is unable to load and unload in four hours.

ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.

PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
One Case - Town of Hillsborough v. Leininger, San Mateo Superior Court Action No. 22CIV04063
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Defendant - One Potential Case (see documents in agenda packet)

ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:53 p.m.

REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Krolik called the meeting to order at 6:00 p.m.

Il. ROLL CALL

Present: Chuang, Ragsdale, Royse, Cole, Krolik
Minutes - Hillsborough City Council
Monday, January 9, 2023

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III. PLEDGE OF ALLEGIANCE
Mayor Krolik led the Pledge of Allegiance.

IV. REPORT FROM CLOSED SESSION
Mayor Krolik stated direction was given to staff and there was no reportable action.

Mayor Krolik announced that Item 21, Discussion of Potential Council Actions Regarding the Current Water Rates Threat of Litigation, Including Formation of a City Council Ad Hoc Subcommittee and Direction to the Financial Advisory Committee Pursuant to CEQA Guideline 15378, was removed from the agenda.

V. MINUTES: November 28, 2022 and December 12, 2022
Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.

On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the minutes of the November 28, 2022 and December 12, 2022 City Council meetings were approved.

VI. PRESENTATION
• REMARKS BY FORMER COUNCILMEMBER LAURENCE M. MAY
Mayor Krolik announced former Councilmember May was unable to attend the meeting. • WINTER STORM UPDATE
City Manager Ann Ritzma provided an update on the storm.

MAYOR'S APPLAUSE
Mayor Krolik recognized the Public Works Department, Police Department and all Town staff for their work during the storm.

Public Works Director Paul Willis, Chief of Police Doug Davis and Fire Chief Bruce Barron provided comments.

Mayor Krolik reiterated her earlier announcement that Item 21, Discussion of Potential Council Actions Regarding the Current Water Rates Threat of Litigation, Including Formation of a City Council Ad Hoc Subcommittee and Direction to the Financial Advisory Committee Pursuant to CEQA Guideline 15378, was removed from the agenda.

VIl. PUBLIC COMMENT I
Dennis Moore expressed appreciation to Town staff for their work during the storm and provided comments regarding the Housing Element Advisory Committee's (HEAC) involvement in the work on the Housing Element and expressed concern that HEAC members were not invited or involved in the recent staff meeting with HCD. Moore stated that he hopes the potential water litigation item will be resolved quickly and without spending hundreds of thousands of dollars on a lawsuit.

Mayor Krolik stated that the meeting with HCD was for staff only, per HCD's requirement.

Larry Friedberg expressed concern that only staff members were invited to the meeting with HCD and inquired as to why elected officials were not allowed to attend the meeting.

Mayor Krolik and City Manager Ann Ritzma stated that the meeting was HCD's meeting, and a question regarding invitations to attend should be directed to HCD.

VIII. ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.

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IX. CONSENT CALENDAR
Councilmember Royse requested to remove Items 14 and 15 from the Consent Calendar.

Vice Mayor Cole requested to remove Items 15, 16 and 17 from the Consent Calendar.

There were no requests from the public to remove an item from the Consent Calendar.

Mayor Krolik read the titles of the Consent Calendar items.

Regarding Item 9, Resolution Authorizing Compensation Adjustments for the Unrepresented Employees, City Clerk Lisa Natusch stated the Brown Act requires a verbal report of the recommendations for final action on the salary or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to take place, which includes the Department Head positions in the Unrepresented group. Natusch stated for Item 9, the recommended salary adjustments include a 3.75% cost of living increase for the City Manager, Police Chief, Finance Director, Building & Planning Director and Public Works Director. Natusch stated the new annual salaries are City Manager: $273, 182, Police Chief: $255,216, Finance Director: $236,626, Building & Planning Director: $236,626, and Public Works Director: $252,876.

On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, Consent Calendar Items 1 through 13 were approved.

1. MONTHLY CLAIMS: DECEMBER 1 THROUGH DECEMBER 31, 2022 PURSUANT TO CEQA GUIDELINE 15378
The monthly claims for December 2022 in the amount of $5,203,100.51 were approved as submitted.

2. QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT PURSUANT TO CEQA GUIDELINE 15378
The Interest Rate Products Report for the quarter ended December 31, 2022 was accepted.

3. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2022 PURSUANT TO CEQA GUIDELINE 15378
The Treasurer's Report for the quarter ending December 31, 2022 was approved.

4. RESOLUTION APPOINTING A MEMBER TO THE FINANCIAL ADVISORY COMMITTEE FOR A PARTIAL TERM JANUARY 10, 2023 THROUGH DECEMBER 31, 2023 PURSUANT TO CEQA GUIDELINE 15378
The resolution appointing Roger Davis to the Financial Advisory Committee for a partial term January 10, 2023 through December 31, 2023 was adopted.

5. APPROVAL OF THE APPLICATION FOR A NEW BANNER FOR THE

HILLSBOROUGH SCHOOLS FOUNDATION ANNUAL DINNER DANCE GALA FUNDRAISING EVENT PURSUANT TO CEQA GUIDELINE 15378
The application for the Hillsborough Schools Foundation Annual Dinner Dance Gala fundraising event banner was approved.

6. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE TEAMSTERS LOCAL 856 PUBLIC WORKS AND CLERICAL UNIT EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378
The resolution authorizing compensation adjustments for the Teamsters Local 856 Public Works and Clerical unit employees pursuant to CEQA Guideline 15378 was adopted.

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7. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE TEAMSTERS LOCAL 350 PUBLIC WORKS SUPERVISORS UNIT EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378
The resolution authorizing compensation adjustments for the Teamsters Local 350 Public Works Supervisors unit employees pursuant to CEQA guideline 15378 was adopted.

8. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF

HILLSBOROUGH AND THE HILLSBOROUGH POLICE OFFICERS ASSOCIATION EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378
The resolution authorizing the City Manager to execute the Memorandum of Understanding between the Town of Hillsborough and the Hillsborough Police Officers Association pursuant to CEQA Guideline 15378 was adopted.

9. RESOLUTION AUTHORIZING COMPENSATION ADJUSTMENTS FOR THE UNREPRESENTED EMPLOYEES PURSUANT TO CEQA GUIDELINE 15378 The resolution authorizing compensation adjustments for the Unrepresented employees pursuant to CEQA Guideline 15378 was adopted.

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.

RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH ODYSSEY POWER FOR GENERATOR
MAINTENANCE SERVICES IN A NOT-TO-EXCEED AMOUNT OF $104,544.00 FOR THREE YEARS PURSUANT TO CEQA GUIDELINE 15378
The resolution approving and authorizing the City Manager to execute an agreement with Odyssey Power for generator maintenance services in a not-to-exceed amount of $104,544.00 for three years pursuant to CEQA Guideline 15378 was adopted.

RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO RENEW

THE ANNUAL MEMBERSHIP AGREEMENT WITH THE CALIFORNIA DATA COLLABORATIVE IN THE AMOUNT OF $15,000 WITH AN OPTION TO RENEW

MEMBERSHIP FOR AN ADDITIONAL TWO YEARS, FOR A NOT-TO-EXCEED AMOUNT OF $45,000 PURSUANT TO CEQA GUIDELINE 15301 AND 15378 The resolution approving and authorizing the City Manager to execute an agreement with the California Data Collaborative for a one-year membership in the amount of $15,000.00 with an option to renew membership for an additional two years, for a not-to- exceed amount of $45,000.00 pursuant to CEQA Guidelines 15301 and 15378 was adopted.

13. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

A SECOND AMENDMENT TO THE EXISTING AGREEMENT WITH BROWN AND CALDWELL, INC. FOR WATER SYSTEM EMERGENCY ACTION PLAN CONSULTING SERVICES IN THE AMOUNT OF $9,985.00, FOR A TOTAL AGREEMENT AMOUNT OF $104,643.00 PURSUANT TO CEQA GUIDELINE 15301 AND 15378 The resolution approving and authorizing the City Manager to execute a second amendment with Brown and Caldwell, Inc. on behalf of the Town to provide water system Emergency Response Plan consulting services in the amount of $9,985.00, for a total Minutes - Hillsborough City Council
Monday, January 9, 2023

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agreement amount of $104,643.00 pursuant to CEQA Guidelines 15301 and 15378 was adopted.

14. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PENINSULA TRUCK REPAIR, INC. TO REPLACE THE

EXISTING NO-DES WATER FILTRATION SYSTEM VEHICLE TO MEET CALIFORNIA EMISSION REGULATIONS IN THE AMOUNT OF $149,890.00, WITH A 10% CONTINGENCY, FOR A NOT-TO-EXCEED AMOUNT OF $164,879.00 PURSUANT TO CEQA GUIDELINE 15301
Public Works Director Paul Willis responded to City Council questions.

Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.

On motion by Councilmember Royse, seconded by Councilmember Chuang and unanimous on roll call vote, the resolution approving and authorizing the City Manager to execute an agreement with Peninsula Truck Repair, Inc. to replace the Town's existing 2009 Ford F650 truck with a 2023 MV607 International or equivalent truck and transfer the No-DES equipment and PTO System onto it in the amount of $149,890.00, with a 10% contingency, for a not-to-exceed amount of $164,879.00 pursuant to CEQA

15. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AGREEMENT WITH BKF ENGINEERS FOR PROFESSIONAL SERVICES TO

DESIGN THE TOBIN CLARK WALKING TRAIL RESTORATION PROJECT FOR THE NOT-TO-EXCEED AMOUNT OF $116,678.00 PURSUANT TO CEQA GUIDELINE 15301; AND APPROVING A FISCAL YEAR 2022-23 BUDGET AMENDMENT IN THE

STREETS AND STORMWATER OPERATIONS FUND IN THE AMOUNT OF $116,678.00
Public Works Director Paul Willis responded to City Council questions. City Attorney Christopher Diaz and City Manager Ann Ritzma provided additional information.

Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.

On motion by Councilmember Chuang, seconded by Councilmember Royse and unanimous on roll call vote, the resolution approving and authorizing the City Manager to execute an agreement with BKF Engineers for professional services to design the Tobin Clark Walking Trail Restoration Project for the not-to-exceed amount of $116,678.00 pursuant to CEQA Guideline 15301 and approve a Fiscal Year 2022-23 budget amendment in the Streets and Stormwater Operations Budget in the amount of $116,678.00 was adopted.

16. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH GO NATIVE, INC. FOR OPEN SPACE VEGETATION MANAGEMENT IN THE AMOUNT OF $28,130.00 FOR ADDITIONAL SERVICES, FOR A TOTAL CONTRACT AMOUNT OF $491,419.00 PURSUANT TO

THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION
Public Works Director Paul Willis responded to City Council questions.

Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.

On motion by Vice Mayor Cole, seconded by Councilmember Royse and unanimous on roll call vote, the resolution approving and authorizing the City Manager to execute a contract amendment with Go Native, Inc. for open space vegetation management in the amount of $28,130.00 for additional services, for a total expended contract amount of $491,419.00 pursuant to the previously adopted Mitigated Negative Declaration was adopted.

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17. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AMENDMENT TO THE EXISTING AGREEMENT WITH AKEL ENGINEERING GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE 2022

HILLSBOROUGH WASTEWATER COLLECTION SYSTEM MASTER PLAN UPDATE IN THE AMOUNT OF $40,216.00, FOR A TOTAL CONTRACT AMOUNT OF $366,560.00 PURSUANT TO CEQA GUIDELINE 15306
Public Works Director Paul Willis responded to City Council questions.

Councilmember Ragsdale noted a missing word in the last "Whereas" clause in the resolution. City Clerk Lisa Natusch stated the correction would be made.

Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.

On motion by Vice Mayor Cole, 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 Akel Engineering, Inc. for professional engineering services for the 2022 Hillsborough Wastewater Collection System Master Plan Update in the amount of $40,216.00, for a total contract amount of $366,560.00 was adopted.

X. PUBLIC HEARING

18. ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 15.02, 15.03, 15.04, 15.06,

15.07, 15.08, 15.10, 15.12, 15.16, 15.17, 15.19 AND 15.20 OF THE HILLSBOROUGH MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, CONSISTING OF THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 CALIFORNIA REFERENCED STANDARDS CODE, THE 2022 CALIFORNIA FIRE CODE, AND THE 2021 INTERNATIONAL FIRE CODE, PURSUANT TO CEQA GUIDELINES 15061(B)(3) AND 15378
Assistant Director of Building & Planning Tim Anderson and Central County Fire Department Fire Marshal Christine Reed provided the staff report. City Attorney Christopher Diaz provided additional information.

Mayor Krolik opened the public hearing at 7:08 p.m. There were no speakers. Mayor Krolik closed the public hearing.

On motion by Councilmember Royse, seconded by Councilmember Chuang and

15.10, 15.12, 15.16, 15.17, 15.19 and 15.20 of the Hillsborough Municipal Code and Adopting by Reference the 2022 California Building Standards Code, Consisting of the 2022 California Administrative Code, the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Existing Building Code, the 2022 California Historical Building Code, the 2022 California Referenced Standards Code, the 2022 California Fire Code, and the 2021 International Fire Code Pursuant to CEQA Guidelines 15061(B)(3) and 15378" was adopted.

XI. NEW BUSINESS
RESOLUTION ADOPTING THE 2023 SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378
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Human Resources Manager Kristin Armbruster provided the staff report.

Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.

On motion by Vice Mayor Cole, seconded by Councilmember Ragsdale and unanimous on roll call vote, the resolution adopting the 2023 Salary Schedule for the Town of Hillsborough pursuant to CEQA guideline 15378 was adopted.

20. RESOLUTION RATIFYING AND EXTENDING THE PROCLAMATION DECLARING

THE EXISTENCE OF A LOCAL EMERGENCY BY THE DIRECTOR OF EMERGENCY SERVICES PURSUANT TO CEQA GUIDELINE 15378
City Attorney Christopher Diaz presented the staff report. City Manager Ann Ritzma provided additional information.

Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.

On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on roll call vote, the resolution ratifying and extending the proclamation declaring the existence of a local emergency by the Director of Emergency Services pursuant to CEQA Guideline 15378 was adopted.

21. DISCUSSION OF POTENTIAL COUNCIL ACTIONS REGARDING THE CURRENT

WATER RATES THREAT OF LITIGATION, INCLUDING FORMATION OF A CITY

COUNCIL AD HOC SUBCOMMITTEE AND DIRECTION TO THE FINANCIAL ADVISORY COMMITTEE PURSUANT TO CEQA GUIDELINE 15378
As announced by Mayor Krolik earlier in the meeting, this item was removed from the agenda.

XII. DISCUSSION

22. TREE PROTECTION GUIDELINES IN HILLSBOROUGH PURSUANT TO CEQA GUIDELINES SECTIONS 15061(B)(3), 15307, 15308, AND 15378 Senior Management Mandy Brown provided the staff report. City Manager Ann Ritzma, City Attorney Christopher Diaz and Plant Pathologist & Urban Forester Abby Beissinger, Dudek, provided additional information.

Mayor Krolik opened public comment.

Dennis Moore requested clarification regarding removal of branches from a neighbor's tree that create a hazard or nuisance and requested an exception for invasive species such as Eucalyptus trees citing concerns with safety and fire hazards.

In response, Senior Management Analyst Brown stated there is existing State law regarding neighbor trees and that there is a section in the proposed codes relating to mediation of neighbor disputes. Brown stated the subject of invasive species was discussed in the focus group and there was a desire to not carve out specific species as invasive or protected species. City Attorney Diaz provided additional information.

Josh Burns, Marlborough Road, inquired about flexibility in the timeline in order to move quickly in the case of a high priority need to remove an unsafe tree.

In response, Senior Management Analyst Brown stated the current code accommodates this and the process will not change with the proposed revisions, and that health and safety is a priority.

Mayor Krolik closed public comment.
2023 COUNCILMEMBER REPRESENTATIVES TO TOWN AND REGIONAL

ASSIGNMENTS
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Mayor Krolik provided an overview of the assignments.

Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.

XIII. INFORMATIONAL

24. ANNUAL UPDATE ON TOWN-WIDE RISK ASSESSMENT
Finance Director Jan Cooke, Assistant Finance Director Rich Santiago and Associate Engineer Doug Belcik provided an update on the Town-wide risk assessment.

Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.

25. FY 2023-24 BUDGET PLANNING
Finance Director Jan Cooke provided an update on FY 2023-24 budget planning.

26. CITY MANAGER'S UPDATE
City Manager Ann Ritzma provided an informational update.

XIV. PUBLIC COMMENT I|
Dennis Moore stated that the California Air Resources Board requires most commercial and government trucks in the state with engines from 2010 or older be upgraded and inquired if staff considered replacing the engine of the No-Des truck rather than the entire truck, and whether staff has considered renting the No-Des truck to other municipalities as a revenue source or sharing it in exchange for labor, maintenance and depreciation costs. Moore expressed concern that the Housing Element Advisory Committee (HEAC) is not more involved in the final discussions of the update to the Housing Element and reported that the link to the Housing Element redirects to a site hosted by Houseal Levigne, that the link is lengthy and the page is outdated, and requested it be updated or removed.

Larry Friedberg expressed concern that elected officials were not able to participate in the meeting that Town staff had with HCD based on HCD's requirement and stated that elected officials should not be excluded from participation with a state agency.

XV. CITY COUNCIL ITEMS
Councilmember Ragsdale reported that she sat in on a meeting of the Peninsula Clean Energy Board and stated that she is excited to be working with the Citizens Communication Advisory Committee (CCAC) again.

In response to an inquiry from Mayor Krolik, City Clerk Lisa Natusch stated regarding the Councilmember appointments to Town and Regional Assignments that she would follow up with outside agencies regarding the assignments.

Vice Mayor Cole reported her attendance at a meeting of the Firewise Board and expressed appreciation to the Central County Fire Department for their work on the WUl program and their successful holiday toy drive.

Mayor Krolik expressed appreciation to residents for assisting with keeping storm drains clear during storm events and for discouraging their landscape service providers from allowing debris near the storm drains and provided information regarding "adopt a drain" programs available in other cities.

XVI. ADJOURNMENT
Mayor Krolik adjourned the meeting at 8:33 p.m.

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Submitted by:
isa Natusch, City Clerk

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