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
ACORPORATEO LINN
MINUTES
MONDAY, FEBRUARY 13, 2023
4:00 PM STUDY SESSION - GOAL SETTING (CONTINUED)
5:00 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
This City Council meeting was conducted pursinto overnment CoSting) 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.
STUDY SESSION
CALL TO ORDER
Mayor Krolik called the meeting to order at 4:00 p.m.
ROLL CALL
Present: Chuang, Ragsdale, Royse, Cole, Krolik
A. CITY COUNCIL GOAL SETTING (CONTINUED FROM FEBRUARY 7, 2023) City Manager Ann Ritzma summarized the goals discussed at the February 7, 2023 Goal Setting session for consideration: Age-Friendly City, Bike/Pedestrian Master Plan, New Communications Tools, Electrification, Youth Council, Adopt a Storm Drain program, Second Story/First Story Work Session, Leaf Blower Education and Programs, reviewing the Fundraising Event Permit Process and Fees, a request by Firewise to look at applying Chapter 7A across the entire town as well as other home-hardening and collaborative efforts to do wood chipping, Dog Park/Park Opportunities, Employee Housing/Sleeping Quarters, and Housing Element - Debrief/Lessons Learned. Public Works Director Paul Willis provided additional information in response to City Council questions.
Mayor Krolik opened public comment.
Due to a brief power outage at Town Hall, the meeting was paused at 4:19 p.m. The meeting resumed at 4:27 p.m.
Rohan Dalal requested the City Council consider adding a Youth Commission to the list of City Council goals to foster communication and engagement with teens and the Town, address issues pertaining to teens, and promote civic engagement.
Mike Swire, Southdown Road, expressed support for the Youth Commission proposed by the prior speaker and in support of a bicycle/pedestrian master plan, leaf blower programs and electrification.
David Weinberg, on behalf of Firewise, invited Councilmembers to view the chipping programs that have been conducted and in support of prioritization of fire safety.
Josh Cooperman, 15 Creekwood Way, on behalf of Firewise, spoke in support of prioritization of applying Hillsborough Municipal Code Chapter 7A and recommended translation of materials related to use of leaf blowers.
Ann O'Brien Keighran, CAFE, reiterated the importance of Age-Friendly certification and encouraged the City Council to add it to the list of Council goals.
Minutes - Hillsborough City Council
Monday, February 13, 2023
Aaron Zornes, 366 Alberta Way, provided comments regarding use of leaf blowers in the town and encouraged the City Council to ban the use of leaf blowers.
Larry Friedberg expressed concern regarding the low attendance at the February 7, 2023 Goal Setting session and the low attendance at the current session and spoke in support of adding as a goal the creation of a dashboard in order to make use of data from each department.
Mayor Krolik closed public comment.
Councilmembers proceeded to state their top five priorities for the year.
Councilmember Chuang: Bike/Pedestrian Master Plan, Age Friendly City, Dog Park/Park Opportunities, Employee Housing/Sleeping Quarters
Councilmember Royse: Bike/Pedestrian Master Plan, Age Friendly City, Youth Council, Leaf Blower Education and Programs, New Communications Tools Councilmember Ragsdale: Bike/Pedestrian Master Plan, Age Friendly City, Youth Council, New Communications Tools, leaf blower education and programs Vice Mayor Cole: Firewise - Chapter 7A, Adopt a Storm Drain, Leaf Blower Education and Programs, New Communications Tools, Employee Housing/Sleeping Quarters Mayor Krolik: Bike/Pedestrian Master Plan, Leaf Blower Education and Programs, Dog Park/Park Opportunities, Age Friendly City, Firewise - Chapter 7A Following discussion, Mayor Krolik reported majority City Council support for the following priorities: Bike/Pedestrian Master Plan, Age Friendly City, Leaf Blower Education and Programs, New Communications Tools.
Mayor Krolik stated that there are two Councilmembers interested in the Youth Council which could be pursued with a Councilmember who may be willing to be the liaison, and two Councilmembers interested in Dog Park/Park Opportunities, Employee Housing/Sleeping Quarters, Firewise - Chapter 7A and Adopt a Storm Drain, which may also be able to be addressed with Council assistance.
. Mayor Krolik stated willingness to review the Fundraising Event Permit Process and Fees item and stated that Electrification, Second Story/First Story Work Session and the Housing Element - Debrief/Lessons Learned will continue to be worked through and encouraged the City Council to let the City Manager know which items they would be willing to work on.
ADJOURN STUDY SESSION
Mayor Krolik adjourned the meeting at 5:02 p.m.
CLOSED SESSION
CALL TO ORDER
Mayor Krolik called the meeting to order at 5:03 p.m.
ROLL CALL
Present: Chuang, Ragsdale, Royse, Cole, Krolik
PUBLIC COMMENT
There were no public comments.
ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.
Minutes - Hillsborough City Council
Monday, February 13, 2023
PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Krolik announced the items for Closed Session:
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 - INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff - One Potential Case
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant - Two Potential Cases (see legal threat documents in agenda packet) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 21CIV04709
ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:55 p.m.
REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Krolik called the meeting to order at 6:06 p.m.
II. ROLL CALL
Present: Chuang, Ragsdale, Royse, Cole, Krolik
III. PLEDGE OF ALLEGIANCE
Mayor Krolik led the Pledge of Allegiance.
IV. REPORT FROM CLOSED SESSION
Mayor Krolik reported that during the Closed Session the City Council approved a settlement of the Town of Hillsborough v. Leininger lawsuit and authorized the City Manager to execute a settlement agreement. Mayor Krolik made the following statement: Under the settlement, Mr.
Leininger will be permitted to park his RV at One Fern Court for the limited purpose of loading and unloading, not to exceed four hours, and any violation of the terms of the settlement will result in a loss of this right. The settlement was approved by a vote of 5-0. In making this settlement, the City Council interpreted the ordinance as one designed to prohibit long term parking of RVs. Long term parking can lead to noise, parties, camping, and view impacts. On the other hand, short-term parking is allowed for loading and unloading in many circumstances. RVs should be treated similarly. The settlement includes safeguards to prevent abuse. The Council believes this is a reasonable interpretation and application of the ordinance, not an amendment.
MINUTES: January 9, 2023
On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the minutes of the January 9, 2023 City Council meeting were approved.
VI. RECOGNITION
Minutes - Hillsborough City Council
Monday, February 13, 2023
RECOGNITION OF FORMER MEMBERS OF THE SAN MATEO COUNTY BOARD OF
SUPERVISORS CAROLE GROOM AND DON HORSLEY
Mayor Krolik read resolutions of appreciation and excerpts of the comments read into the Congressional Record by former Congresswoman Jackie Speier in recognition of the service of former members of the San Mateo County Board of Supervisors Don Horsley and Carole Groom.
Former Supervisor Horsley provided brief comments. Councilmembers provided comments of appreciation of the former supervisors.
VII. PUBLIC COMMENT I
Larry Friedberg spoke regarding the importance of fostering trust and provided comments regarding the Town's values statement.
VIll. ANNOUNCEMENT OF CONFLICT OF INTEREST
Councilmember Ragsdale reported that she drove by 85 Fagan Drive.
IX. CONSENT CALENDAR
There were no requests to remove an item from the Consent Calendar.
On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the Consent Calendar was approved.
Regarding Item 4, Councilmember Royse thanked former Mayor Jay Benton for his service on the BAWSCA Board.
1. MONTHLY CLAIMS: JANUARY 1 THROUGH JANUARY 31, 2023 PURSUANT TO CEQA GUIDELINE 15378
The monthly claims for January 2023 in the amount of $4,224,000.03 were approved as submitted.
2. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 23-01 FOR THE PARCA AUXILIARY LUNCHEON PURSUANT TO CEQA GUIDELINE 15378 Fundraising Event Permit Application 23-01 for the PARCA Auxiliary Luncheon subject to the conditions recommended by staff was approved.
3. RESOLUTION ADOPTING THE TOWN OF HILLSBOROUGH 2023 LEGISLATIVE PLATFORM PURSUANT TO CEQA GUIDELINE 15378
The resolution adopting the Town of Hillsborough 2023 Legislative Platform was adopted.
4. APPOINTMENT OF LESLIE MARDEN RAGSDALE AS DIRECTOR TO THE BOARDS
OF THE BAY AREA WATER SUPPLY & CONSERVATION AGENCY (BAWSCA) AND
BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY (RA) PURSUANT TO CEQA GUIDELINE 15378
Councilmember Leslie Marden Ragsdale was appointed as a director to the BAWSCA and RFA Boards to represent the Town effective July 1, 2023 for a term to June 30,
RESOLUTION TERMINATING THE LOCAL EMERGENCY DECLARED AS A RESULT OF THE COVID-19 PANDEMIC PURSUANT TO CEQA GUIDELINE 15061(B)(3) The resolution terminating the local emergency declared as a result of the COVID-19 pandemic was adopted.
Minutes - Hillsborough City Council
Monday, February 13, 2023
6. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BURNETT LANDSCAPE DEVELOPMENT INC. TO INSTALL LANDSCAPING AT FIRE STATION 32 FOR THE TOWN OF
HILLSBOROUGH FOR A NOT-TO-EXCEED AMOUNT OF $21,839.15 PURSUANT TO CEQA GUIDELINE 15301
The resolution awarding and authorizing the City Manager to execute the agreement on behalf of the Town with Burnett Landscape Development Inc. for a not-to-exceed amount of $21,839.15 and authorizing the use of the Fire Stations CIP surplus to fund the project was adopted.
7. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH NORGO ENGINEERING FOR THE EMERGENCY BOWHILL SEWER MAIN REPAIR IN THE AMOUNT OF $162,000.00, WITH A 10% CONTINGENCY, FOR A TOTAL ALLOCATION OF $178,200.00 PURSUANT TO CEQA GUIDELINE 15301
The resolution awarding to and authorizing the City Manager to execute the agreement for the emergency Bowhill Sewer Main Repair to NORGO Engineering in the amount of $162,000.00, with a 10% contingency, for a total allocation of $178,200.00, allocating funds from the Miscellaneous Sewer System Repairs Fund and the Priority Basins Inflow & Infiltration Fund was adopted
X. PUBLIC HEARING
8. CONCEPTUAL REVIEW OF THE SUBDIVISION OF 85 FAGAN DRIVE AND ADJACENT VACANT LOT (APN 027-330-630) INTO THREE PARCELS AND
DEDICATION OF PUBLIC RIGHT-OF-WAY PURSUANT TO CEQA CATEGORICAL EXEMPTION SECTION 15315 MINOR LAND DIVISIONS
City Attorney Christopher Diaz outlined the process for the item.
Mayor Krolik disclosed she had a conversation with the neighbor last summer when the item was initially on the City Council meeting agenda.
Councilmember Royse disclosed he visited the site and spoke to neighbors last summer.
Councilmember Chuang disclosed that she walked up to the property to observe the landscape and did not speak to anyone.
Vice Mayor Cole disclosed that she visited the site and drove around and did not speak to anyone.
Public Works Director/City Engineer Paul Willis introduced the item and responded to City Council questions. Acting Senior Engineer Doug Belcik provided the staff report.
Assistant Director of Building & Planning Tim Anderson and City Attorney Diaz responded to City Council questions.
Mayor Krolik opened the public hearing at 7:02 p.m.
Benoit McVeigh, Senior Engineer, DK Engineering, on behalf of the applicant, presented information regarding the project and responded to City Council questions.
James McDowell, 80 Fagan Drive, spoke in opposition to the project as currently proposed citing concerns with the ongoing construction and maintenance at the existing home, the smaller setbacks proposed, privacy, the loss of his home being at the end of the cul-de-sac, relocation of the fire hydrant at the corner of his property, and concern that parcels B and C do not meet the requirements of HM 16.08.030.
Peter Lipson, 10 Sheldon Way, inquired as to the planned mitigation of increased water runoff, whether Fagan will lose its status as a cul-de-sac and what would be done to protect the trees that border Fagan Drive during construction. Lipson reported that one of the contractors at 85 Fagan Drive drove into the driveway of 55 Fagan Drive to attempt a Minutes - Hillsborough City Council
Monday, February 13, 2023
three-point turn and crashed into the garage which caused a car in the garage to crash into the kitchen and inquired as to the plan to deal with construction vehicles during the project.
Morton Newman, 45 Fagan Drive, provided information regarding his professional background and stated that the cul-de-sac was not meant to be extended due to the location and siting of the existing homes and spoke in support of a private driveway in a different location.
Michael Folgner, 70 Fagan Drive, spoke in opposition to moving the bulb, requested an exception for a flag lot be revisited as a possibility and additional transparency regarding the spike strip to ensure all options are considered including potential access via Oakdale. Folgner expressed concerns regarding traffic and pedestrian safety during construction, reduction in property value, and quality of life.
Mayor Krolik closed the public hearing at 7:19 p.m.
The City Council provided preliminary comment on the Conceptual Plan for the subdivision of 85 Fagan Drive:
Councilmember Chuang inquired about comments made regarding construction management and safety issues on the street and the safety of the design of the road.
Councilmember Royse requested information regarding an option for Oakdale access or a flag lot as opposed to extending the cul-de-sac.
Councilmember Ragsdale expressed concerns regarding changing a property from being on a cul-de-sac to no longer on a cul-de-sac and requested additional information regarding exceptions for flag lots, the one-foot strip on Oakdale related to access, and construction management to keep vehicles parked on the lot and enforcement of the speed limit.
Vice Mayor Cole requested additional information regarding flag lots and the one-foot strip on Oakdale.
Mayor Krolik stated that the plan is creative but expressed concerns regarding a new cul- de-sac, disruption for another large home which is not helping the housing affordability crisis in the area, and stated the original two lots could have homes and an ADU, regarding setting a precedent for expanding a cul-de-sac, and the egress issue for Fagan.
Mayor Krolik re-opened the public hearing at 7:30 p.m.
Michael Lagan, 2211 Oakdale Road, expressed concerns regarding the prospect of a new cul-de-sac and expressed his intent to pursue funds to make an offer on the properties to keep the three acres intact and expressed concerns regarding illegal activity at the unoccupied lots.
Mayor Krolik closed the public hearing at 7:32 p.m.
9. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS 8.16, 8.28, 14.04,
16.44, AND 17.56 OF THE HILLSBOROUGH MUNICIPAL CODE RELATED TO TREE
PROTECTION AND PRESERVATION PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3), 15307, 15308, 15378(b)(2) AND (b)(5)
City Manager Ann Ritzma and Abby Beissinger, Plant Pathologist & Urban Forester, Dudek, provided a report. City Attorney Christopher Diaz, Ryan Allen, Urban Forester, Dudek, and Assistant Director of Building & Planning Tim Anderson provided additional information.
Mayor Krolik opened the public hearing at 8:14 p.m. There were no speakers. Mayor Krolik closed the public hearing at 8:14 p.m.
Minutes - Hillsborough City Council
Monday, February 13, 2023
Following discussion of potential edits to the ordinance, on motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the ordinance titled "An Ordinance of the City Council of the Town of Hillsborough, Hillsborough, California Amending Chapters 8.16, 8.28, 14.04, 16.44, 17.56 of the Hillsborough Municipal Code Relating Tree Protection and Preservation" pursuant to CEQA Guidelines Sections 15061(b)(3), 15307, 15308, 15378(b)(2) and (b)(5) was introduced with further reading waived, with the following changes directed by the City Council: a modification to 14.04.030(F) to delete the last sentence; a modification to 14.04.060(B) to change "10th" to "most current," direction to staff to ensure a notice goes to any new property owner when a new tree is replaced under the terms of the ordinance, and the addition of the word "signage" to reflect the sign that goes with the protective fencing for a Tree Protection Zone.
XI. OLD BUSINESS
10. RESOLUTION ADOPTING THE 2023 SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378
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 Councilmember Royse, seconded by Councilmember Ragsdale and unanimous on roll call vote, the resolution adopting the 2023 Salary Schedule for the Town of Hillsborough was adopted.
XII. INFORMATIONAL
11. PRESENTATION REGARDING AB 2449 AND OPTIONS FOR CONTINUED FUTURE
REMOTE/HYBRID MEETINGS UNDER THE BROWN ACT
City Attorney Christopher Diaz provided an informational report pertaining to continued options for meeting via remote or hybrid means under the Brown Act.
12. UPDATE ON POLICE STATION DAMAGE FROM WATER INTRUSION FROM THE
WINTER STORM
City Manager Ann Ritzma provided an informational update on the police station damage from water intrusion caused by the winter storm. Police Chief Doug Davis provided additional information.
13. CITY MANAGER'S UPDATE
City Manager Ann Ritzma provided an informational update.
XIII. PUBLIC COMMENT II
Kathy Battat encouraged the City Council to prioritize climate policies in Town planning.
XIV. CITY COUNCIL ITEMS
Councilmember Ragsdale reported her attendance at a meeting of Peninsula Clean Energy and an orientation meeting with commute.org. Councilmember Ragsdale stated she will attend an upcoming "Communities United Against Antisemitism" event at the Peninsula Jewish Community Center.
Vice Mayor Cole stated she will attend an upcoming "Communities United Against Antisemitism" event at the Peninsula Jewish Community Center and reported her attendance at the CCD badge pinning event, a Firewise meeting and the County Emergency Services Council meeting as the alternate.
Minutes - Hillsborough City Council
Monday, February 13, 2023
Councilmember Royse reported his attendance at a meeting of the SFO/Airport Community Roundtable in which he was reelected Vice Chair and a meeting of SBWMA.
Councilmember Chuang reported her attendance at a meeting of the One Shoreline Board, announced an upcoming Emergency Operations Center training for City Council and the upcoming national CERT conference to be held in Burlingame in June.
Mayor Krolik announced the upcoming Concours d'Elegance and Memorial Day events and stated the upcoming San Mateo County Council of Cities event would be hosted by the Town at the Carolands Chateau.
XV. ADJOURNMENT
Mayor Krolik adjourned the meeting at 9:15 p.m.
Submitted by:
Mam Natt
Lisa Natusch, City Clerk