TOWN OF HILLSBOROUGH
San Mateo County
Christine Krolik, Mayor 1600 Floribunda Avenue
Sophie Cole, Vice Mayor
Marie Chuang, Councilmember
Leslie Marden Ragsdale, Councilmember Phone 650-375-7400 Alvin L. Royse, Councilmember
MINUTES
MONDAY, MARCH 13, 2023
4:00 PM STUDY SESSION
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
This meeting was held in-person at Town Hall. As a courtesy, and in compliance with applicable state law, staff and members of the public participated in the meeting in person at Town Hall and virtually via Zoom Video Conference.
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. STUDY SESSION: PENSION UPDATE PURSUANT TO CEQA GUIDELINE 15378 Finance Director Jan Cooke and Actuary Ira Summer presented the pension update.
ADJOURN STUDY SESSION
Mayor Krolik adjourned the study session at 4:40 p.m.
CLOSED SESSION
CALL TO ORDER
Mayor Krolik called the meeting to order at 4:41 p.m.
ROLL CALL
Present: Chuang, Ragsdale, Royse, Cole, Krolik
PUBLIC COMMENT ON CLOSED SESSION ITEMS
There were no public comments.
ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.
PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
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
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Minutes - Hillsborough City Council
Monday, March 13, 2023
Town of Hillsborough v. All Persons Interested in the Matter of the Proceedings for Resolution No. 22-83 Adopting Maximum Rates for Water Service Charges San Mateo Superior Court Case No. 23CIV01028
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager
ADJOURN CLOSED SESSION
The Closed Session adjourned at 6:08 p.m.
REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Krolik called the meeting to order at 6:10 p.m.
Il. 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 stated there was Closed Session report and that Closed Session would be continued after the regular meeting.
MINUTES: February 27, 2023
On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the minutes of the February 27, 2023 City Council meeting were approved.
VI. PRESENTATION
• MAYOR'S APPLAUSE
Mayor Krolik recognized Mike Chuang, Community Emergency Response Team (CERT) Volunteer Coordinator, with Mayor's Applause for his service to the Hillsborough Neighborhood Network and Mandarin translation of CERT materials.
Mr. Chuang provided comments.
Councilmember Chuang announced upcoming CERT training dates.
VII. PUBLIC COMMENT I
Dr. Maricar Pacquing, 2095 Ralston Avenue, provided comments regarding a failed retaining wall on her property and requested the City Council work with them to resolve the situation, and submitted written materials.
Michael Glynn, engineer and contractor for 2095 Ralston Avenue, provided comments regarding the ownership and status of the retaining wall and recommended repairing it in the spring or summer.
VIlI. ANNOUNCEMENT OF CONFLICT OF INTEREST
Minutes - Hillsborough City Council
Monday, March 13, 2023
Councilmember Ragsdale disclosed that she would recuse herself from participation in Items 7 and 9 as she has stock in companies associated with both of the items.
Councilmember Royse and Mayor Krolik disclosed they are Xfinity and Comcast customers.
IX. CONSENT CALENDAR:
Councilmember Chuang and Vice Mayor Cole requested to remove Item 6 from the Consent Calendar.
There were no requests from the public to remove an item from the Consent Calendar.
On motion by Councilmember Chuang, seconded by Councilmember Ragsdale, Consent Calendar Items 1 through 5 were approved unanimously.
MONTHLY CLAIMS: FEBRUARY 1 THROUGH FEBRUARY 28, 2023 PURSUANT TO CEQA GUIDELINE 15378
The monthly claims for February 2023 in the amount of $4, 152, 168.81 were approved as submitted.
2. RECEIVE FY 2022-23 MID-YEAR FINANCIAL AND FY 2023-24 BUDGET PLANNING REPORT PURSUANT TO CEQA GUIDELINE 15378
The FY 2022-23 Mid-Year Financial and FY 2023-24 Budget Planning Report was received.
3. RESOLUTION APPROVING DESIGNATION OF APPLICANT'S AGENTS FOR NON-
STATE AGENCIES AND FINDING THIS ACTION EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINE 15378
The resolution approving designation of applicant's agents for nonstate agencies pursuant to CEQA Guideline 15378 was adopted.
4. ADOPTION 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)
The ordinance titled "An Ordinance of the City Council of the Town of Hillsborough 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 adopted.
5. RESOLUTION TERMINATING THE LOCAL EMERGENCY RELATED TO THE
DECEMBER/EARLY JANUARY WINTER STORMS/FLOODING EVENT AND FINDING THIS ACTION EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINE 15378 The resolution terminating the local emergency related to the December/ January winter storms/flooding event and find the action exempt from CEQA pursuant to CEQA Guideline 15378 was adopted.
6. RESOLUTION ADOPTING REVISED TOWN POLICY 401: CHANGE OF ADDRESS PURSUANT TO CEQA GUIDELINE 15378
Public Works Director Paul Willis provided a brief overview of the item and responded to City Council questions.
Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.
On motion by Councilmember Chuang, seconded by Vice Mayor Cole, the resolution adopting revised Town Policy 401: Change of Address was adopted unanimously.
Minutes - Hillsborough City Council
Monday, March 13, 2023
X. PUBLIC HEARING:
7. PUBLIC HEARING TO CONSIDER AND ADOPT RESOLUTION APPROVING (A) COMCAST'S PERMIT APPLICATIONS FOR THE INSTALLATION OF SEVEN (7)
BATTERY CABINETS (UTILITY BOX OUTDOOR FIXTURES) AT LOCATIONS IN THE PUBLIC RIGHT OF-WAY (TWO (2) CABINETS NEAR1025 VISTA ROAD, TWO (2) CABINETS NEAR 1305 HAYNE ROAD, ONE (1) CABINET NEAR 1025 TOURNAMENT DRIVE, AND TWO (2) CABINETS NEARS 1020 CRYSTAL SPRINGS ROAD); AND (B)
THE CITY ENGINEER'S RECOMMENDATION TO GRANT COMCAST'S REQUEST FOR AN EXCEPTION TO POLICY NO. 19-01 FOR THESE INSTALLATIONS,
PURSUANT TO CEQA DETERMINATIONS
At 6:41 p.m., based on her prior announcement of conflict of interest, Councilmember Ragsdale recused herself and left the room.
City Attorney Christopher Diaz outlined the process for the hearing.
Public Works Director Paul Willis introduced the item. Applicant Dillon Auyoung, Director of Government Affairs, Comcast, and Billy Glisson, Area Construction Manager, Comcast, provided a presentation.
City Attorney Christopher Diaz and attorney Telecommunications Counsel Gail Karish responded to questions.
Public Works Director Paul Willis provided the staff presentation.
Mayor Krolik opened the public hearing at 7:34 p.m.
Abhi Sawant, 1020 Crystal Springs Road, objected to the installation of the cabinets citing impacts to property value, potential health impacts, aesthetics, and noise.
Larry Friedberg inquired as to how the locations were chosen, why existing locations were not chosen and if they would be upgraded at a later time, how many homes the battery cabinets would support, if other cabinet types were considered, if the cabinets safe, if other communities reported problems with the cabinets and batteries, the potential for painting and landscaping, and any obligation on Comcast to swap out the units should smaller units become available.
Gagan Palrecha, 1120 Crystal Springs Road, spoke in opposition to the proposal citing concerns with existing conditions and safety on Crystal Springs Road, in support of adhering to existing Town laws and policies and in support of undergrounding the Norm Torello, 541 Craig, stated that expense should not be a reason to not underground the cabinets, and requested the City Council consider adding design review to the criteria and maintenance of the appearance of the cabinets.
Mayor Krolik closed the public hearing at 7:45 p.m.
Mayor Krolik re-opened the public hearing at 7:46 p.m.
Josh Burns, Marlborough Road, spoke in support of comments made by other speakers regarding minimizing the size and improving the appearance of the cabinets and consideration of relocating the equipment to areas that are less impactful.
Mayor Krolik closed the public hearing at 7:48 p.m.
Area Construction Manager Glisson provided comments in response to questions and comments made during public comment.
On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote with Councilmember Ragdale recused, the resolution Approving (A) Comcast's Permit Applications for the Installation of Seven (7) Battery Cabinets (Utility Minutes - Hillsborough City Council
Monday, March 13, 2023
Box Outdoor Fixtures) at Locations in the Public Right of-Way (Two (2) Cabinets Near 1025 Vista Road, Two (2) Cabinets Near 1305 Hayne Road, One (1) Cabinet Near 1025 Tournament Drive, and Two (2) Cabinets Near 1020 Crystal Springs Road); and (B) the City Engineer's Recommendation to Grant Comcast's Request for an Exception to Policy No. 19-01 for these Installations, pursuant to CEQA Determinations, with modifications to the title as presented to strike "Seven (7)" battery cabinets in favor of "Five (5)" and strike "Two (2) Cabinets Near 1025 Vista Road," and in the body of the resolution, to strike Section 1 entirely and all references throughout the resolution to any approval associated with 1025 Vista Road, and with the addition of conditions: 1) the permittee shall install bollards or a retaining wall at the Crystal Springs location in consultation with and to the reasonable satisfaction of the City Engineer/Public Works Director and shall maintain the bollards for the life of the permit to the reasonable satisfaction of the Town, and 2) the permittee shall paint the cabinets a dark green color and install screening landscaping to the reasonable satisfaction of the City Engineer/Public Works Director and maintain the paint and landscaping for the life of the permit to the reasonable satisfaction of the Town, and 3) to include the code requirement to enter into an agreement, was adopted.
At 8:40 p.m., Councilmember Ragsdale returned to the room and took her seat at the dais.
8. RESOLUTION APPROVING A REVOCABLE ENCROACHMENT PERMIT APPLICATION FOR 690 FAIRWAY CIRCLE PURSUANT TO CEQA GUIDELINE 15303 Acting Senior Civil Engineer Doug Belcik provided the staff report. Public Works Director Paul Willis provided additional information.
Mayor Krolik opened the public hearing at 8:48 p.m.
Norm Torello, 672 Fairway Circle, spoke in support of the project.
Mayor Krolik closed the public hearing at 8:49 p.m.
On motion by Councilmember Royse, seconded by Councilmember Ragsdale and unanimous on roll call vote, the resolution approving a Revocable Encroachment Permit Application for 690 Fairway Circle was adopted.
XI. DISCUSSION
9. DISCUSSION ON REFINANCING OF TOWN OF HILLSBOROUGH'S CERTIFICATES
OF PARTICIPATION AND INTEREST RATE SWAPS PURSUANT TO CEQA GUIDELINE 15378
At 8:50 p.m., based on her prior announcement of conflict of interest, Councilmember Ragsdale recused herself and left the room.
Finance Director Jan Cooke introduced the item. Pete Nissen, Managing Director, Acacia Financial Group, and Josh Cooperman, Senior Project Advisor, Acacia Financial Group, provided the report. Financial Advisory Committee Chair Chick Adams provided additional information.
Without objection (Councilmember Ragsdale recused), the City Council directed staff to proceed with bond refunding and swap unwinding and authorized the City Manager to review and execute addendums to existing agreements with BB&K and Acacia Financial Group for bond transaction services.
At 9:46 p.m., Councilmember Ragsdale returned to the room and took her seat at the dais.
XII. INFORMATIONAL
10. CITY MANAGER'S UPDATE
City Manager Ann Ritza provided an informational update.
Minutes - Hillsborough City Council
Monday, March 13, 2023
XIII. PUBLIC COMMENT II
There were no public comments.
XIV. CITY COUNCIL ITEMS
Councilmember Chuang encouraged the City Council and the community to attend upcoming CERT training sessions in Hillsborough.
Councilmember Royse announced an upcoming meeting of the SFO/Airport Community Roundtable Ground-Based Noise Subcommittee and reported his attendance at a meeting of the SBWMA Board in which funding for a new Shoreline Environmental Center was discussed.
Mayor Krolik reported her attendance at a Memorial Day Parade kick-off meeting and a meeting of the C/CAG Board of Directors.
Councilmember Royse reported that the Town hosted the February San Mateo County Council of Cities meeting.
XV. ADJOURNMENT
Mayor Krolik adjourned the meeting to Closed Session at 9:56 p.m.
RECONVENE OPEN MEETING
Mayor Krolik reconvened the open meeting at 10:25 p.m. with all Councilmembers present.
CLOSED SESSION REPORT
Mayor Krolik stated that there was no Closed Session report.
ADJOURNMENT
Mayor Krolik adjourned the meeting at 10:25 p.m.
Submitted by:
Lisa Natusch, City Clerk