TOWN OF HILLSBOROUGH
San Mateo County
Christine Krolik, Mayor
Sophie Cole, Vice Mayor LOT HILLSPORO
Marie Chuang, Councilmember
Leslie Marden Ragsdale, Councilmember
Alvin L. Royse, Councilmember
MINUTES
THURSDAY, JANUARY 12, 2023
4:00 PM SPECIAL CITY COUNCIL MEETING - STUDY SESSION
Hillsborough Town Hall and Zoom Video Conference
This special City Council meeting was conducted pursuant to the provisions of 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 Krolik called the special meeting to order at 4:00 p.m., roll call was taken, and City Attorney Diaz made announcements of conflict of interest. Due to technical difficulties with the audio of the Zoom feed, the City Council paused the meeting at 4:03 p.m. to troubleshoot the issue. Following resolution of the technical difficulties, Mayor Krolik called the meeting to order again at 4:22 p.m. The City Clerk repeated roll and City Attorney Diaz repeated the announcements of conflict of interest.
ll. ROLL CALL
Present: Chuang, Ragsdale, Royse, Cole, Krolik
III. ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Diaz stated that under FPPC regulations, based on the scope of parcels within the inventory list, the "public generally" exception applies, but the FPPC indicated that if there is any individualized discussion about specific sites where Councilmembers may have conflicts of interest, those sites should be segmented out so that the Councilmember who has a conflict of interest can recuse themself and step out of the room. Diaz reported that Mayor Krolik has a potential conflict of interest with regard to Strawberry Hill as she is within 1,000 feet of the site, which is not an automatic conflict of interest under the FPPC regulations, but it may be, so out of an abundance of caution, if the Council decides to discuss Strawberry Hill individually, she would recuse herself and step out of the room. Diaz stated that Vice Mayor Cole has a conflict of interest with regard to the Callan property as she is within 500 feet; therefore, if the Council decides to discuss the Callan property individually, she would recuse herself and step out of the room.
IV. STUDY SESSION
1. DISCUSS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) COMMENTS ON THE DRAFT HOUSING ELEMENT UPDATE AND PROVIDE
DIRECTION
Planning Manager Liz Ruess provided the staff report. City Attorney Christopher Diaz, City Manager Ann Ritzma, Senior Management Analyst Mandy Brown and Todd Leishman, Partner, Best, Best & Krieger and Robert Kain, Houseal Lavigne, provided additional information.
Mayor Krolik provided an overview of the housing element update process.
Mayor Krolik opened public comment.
Daniel Capon expressed concerns regarding rezoning and development of De Guigne and Strawberry Hill.
Orna Resnekov, 1255 La Canada Road, expressed concern that there are many ADUs in Hillsborough not accounted for in the current plan and recommended a survey be conducted to document current ADUs, that the Town's currentrental rules be considered Minutes - Hillsborough City Council
Thursday, January 12, 2023
for amendment, that incentives be implemented to rent ADUs, and that the Town confirms there is infrastructure to support additional housing.
Ronald Ferner requested on behalf of the owner of 2305 Forest View that residents of the neighborhood be notified of meetings related to the Housing Element.
Due to technical difficulties with the audio feed in Council Chambers, Mayor Krolik called a recess at 5:27 p.m.
Council reconvened at 5:33 p.m. with all Councilmembers present and continued taking public comment.
Ted Ullyot expressed concern that HCD's review is arbitrary and recommended the Town find attorneys who can represent Hillsborough in advising on HCD's policy preference and legal requirements, and suggested the Town reach out to other communities who are having their plans rejected by HCD.
David Brent, 810 Lombardi Lane, spoke in support of Ted Ullyot's comments and expressed concern regarding the density and economics of any multifamily units to be developed.
Peter Adams, 1085 Black Mountain Road, spoke in support of Ted Ullyot's comments and encouraged the City Council to work with other similar communities to explore legal alternatives.
Gregory Hampton expressed concern that the Town was not credited for the surplus in the last Housing Element and requested it be challenged and provided comments regarding due process.
Larry Friedberg, 870 Longview, spoke regarding the need for objective standards from HCD and stated that Hillsborough should not have the same criteria applied due to the Town's limitations including topography, and inquired about any staff analysis of other similar communities.
Paul Rochester, 221 Ridgeway Road, spoke in support of the comments made by previous speakers, expressed concern regarding the state requirements, and recommended the Town proceed with litigation if necessary.
Patrick Shannon, 1455 Marlborough Road, encouraged the City Council to defend that Housing Element as submitted and make the revisions necessary to achieve compliance and avoid rezoning.
Arlene Rosenberg, 50 McCreery Drive, HEAC member, stated that Affirmatively Furthering Fair Housing is a legal requirement and that the State has committed to enforcement of penalties on cities not in compliance. Rosenberg stated that the Town of Hillsborough should not be exempt from participating in solutions to Countywide and Statewide problems.
Noelle Langmack, 10 Eugenia Way, Housing Element Advisory Committee (HEAC) member, provided comments regarding the language in the letter from HCD and stated that the State legislature has given HCD authority and broad discretion to interpret and enforce housing law and recommended the City Council make the necessary changes to ensure compliance, and echoed the comments by Arlene Rosenberg.
Dennis Moore requested that the City Council act on pro-ADU ordinances and policies as soon as possible and that the Housing Element Advisory Committee (HEAC) be included in the remainder of the process.
Laith Salma, Fairway Circle, expressed appreciation to the City Council for their work on the Housing Element, spoke in support of the comments made by Ted Ullyot, and requested the City Council seek new legal counsel to aggressively defend the town.
Craig Horton spoke in support of the comments by Dennis Moore and Laith Salma and expressed concern regarding delays with his own ADU project. Horton expressed concerns regarding the Town's counsel based on his experience with his own ADU project.
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Thursday, January 12, 2023
Mayor Krolik closed public comment.
Mayor Krolik reported City Council consensus to continue with a largely ADU program and instituting a program to encourage residents to rent their ADUs.
At 7:03 p.m. prior to discussion of the Callan property, Vice Mayor Cole recused herself and left the room.
Following discussion, by City Council consensus (with Vice Mayor Cole recused), the City Council specified up to three units per parcel for the Callan property.
At 7:24 p.m., Vice Mayor Cole returned to the room and took her seat at the dais.
At 7:35 p.m., prior to discussion of the Strawberry Hill property, Mayor Krolik recused herself and left the room.
At 7:38 p.m., Mayor Krolik returned to the room and took her seat at the dais.
Mayor Krolik reopened public comment at 7:50 p.m.
Dr. Lionel Foster, Chair, ADRB, spoke in support of using Town-owned land and developing a strong ADU program to meet RHNA numbers and spoke in opposition to units at the Callan property, citing environmental concerns.
Ted Ullyot expressed frustration with the discussion and reiterated his request for a robust look at legal options and outreach to other similar cities.
Noelle Langmack encouraged the City Council to take into consideration the amount of time needed for a CEQA analysis of the Tobin Clark estate and stated the Town would be open Builder's Remedy projects on February 1.
Laith Salma expressed frustration with the direction of the City Council discussion, in support of the comments by Ted Ullyot, and in opposition to including the Town Hall site in the RHNA process.
Jeff Ford, 616 Fairway Circle, spoke in support of including a larger number of ADUs in the plan, in support of inclusion of the Strawberry Hill site, and in opposition to including the Town Hall site in the RHNA process.
Mike Swire, Lakeview, expressed concerns regarding the large quantity of ADUs proposed, development of the Callan property and development of the Tobin Clark property and in support of maximizing use of the Town Hall site for housing.
Dennis Moore spoke in support of the work that has been done to date and in support of the use of ADUs as rentals.
Mayor Krolik closed public comment at 8:07 p.m.
At 8:08 p.m., prior to further discussion of the Callan property, Vice Mayor Cole recused herself and left the room.
By consensus, the City Council (with Vice Mayor Cole recused) directed staff to discuss with the property owner the maximum number of units that can be supported at the Callan property in consideration of a maximum of 24 units.
At 8:15 p.m., Vice Mayor Cole returned to the room and took her seat at the dais.
Following further discussion, Mayor Krolik confirmed majority City Council support for the breakdown of 554 units as presented on the screen in Council Chambers and on Zoom:
Opportunity Site - Callan: 24 (if rezoned)
Opportunity Site - Strawberry Hill: 35
Opportunity Site - De Guigne: 0
Opportunity Site -Tobin Clark: 0
Opportunity Site - Brooke Court: 2
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Thursday, January 12, 2023
Opportunity Site - Hayne: 5
Opportunity Site -Town Hall: 72
ADUs/JADUs: 392
RD Vacant Lots and Subdivision Opportunities: 21
Pipeline Projects - SFD: 3
Mayor Krolik reopened public comment at 8:46 p.m.
Gina Haggerty spoke in opposition to including housing on the Town Hall site in the Housing Element.
Anne Paulson inquired about the timeframe for the required 7-day public comment period.
Mayor Krolik closed public comment at 8:48 p.m.
V. ADJOURNMENT
Mayor Krolik adjourned the meeting at 8:48 p.m._
Submitted by:
isa Natusch, City Clerk