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
A G E N D A
TUESDAY, MARCH 21, 2023
11:00 AM SPECIAL CITY COUNCIL MEETING – CLOSED SESSION
Hillsborough Town Hall and Zoom Video Conference
Meetings of the City Council are held in-person. As a courtesy, and in compliance with applicable state law, staff and members of the public may participate in the meeting in person at Town Hall or virtually via Zoom Video Conference.
Members of the City Council may participate remotely from time to time in accordance with the provisions of Government Code section 54953.
To attend the meeting in person:
1600 Floribunda Avenue, Hillsborough, CA 94010.
To provide Public Comment in person:
Members of the public wishing to speak are requested to complete a yellow speaker card and submit it to the City Clerk.
To participate in the meeting via Zoom Video Conference:
• Log in to the meeting at https://us06web.zoom.us/j/88624252779?pwd=Q2ltRi9DV05VNVcrYlpMLysvK2VaQT09 • Dial-in via phone:
+1 669 444 9171 US
+1 253 205 0468 US
+1 720 707 2699 US (Denver)
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 646 558 8656 US (New York)
+1 301 715 8592 US (Washington DC)
+1 312 626 6799 US (Chicago)
Meeting ID: 886 2425 2779
Passcode: 397161
To provide Public Comment via Zoom Video Conference:
Live verbal public comments may be made by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the close of the public comment period for the item. In response, the Town will unmute the speaker and allow them to speak up to three minutes.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ON CLOSED SESSION ITEM
Members of the public may provide public comments on the item on the Closed Session agenda. Members of the public participating in person are requested to complete a yellow speaker card and submit it to the City Clerk before addressing the City Council. Members of the public participating via the Zoom platform may use the “raise hand” feature or, if calling in by phone, press *9 on the telephone keypad. Speakers are limited to one comment per Closed Session item.
Special Meeting Agenda – Hillsborough City Council
Tuesday, March 21, 2023
ANNOUNCEMENT OF CONFLICT OF INTEREST
This portion of the agenda is for Councilmembers to disclose any conflict of interest related to the item on the Closed Session agenda. Any Councilmember who has confirmed a conflict of interest or has reason to believe they have a conflict of interest should disclose the conflict for the record and abide by the disqualification requirements contained in FPPC regulations.
PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEM
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant – One Potential Case (see legal threat document in agenda packet)
ADJOURN TO CLOSED SESSION
RECONVENE OPEN MEETING
REPORT FROM CLOSED SESSION
ADJOURNMENT
SPECIAL ACCOMMODATIONS:
If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in the City Council meeting, or if you need an agenda in an alternate form, please contact the City Clerk’s Office at 375-7412 at least 24 hours before the scheduled City Council meeting.
ADDRESSING THE CITY COUNCIL:
Members of the public may provide written comments to the City Council regarding any item on the agenda up to two hours before the meeting to [email protected] or by mail/in person at 1600 Floribunda Avenue, Hillsborough, CA 94010. Any writings or documents provided to a majority of the City Council regarding any item on this agenda prior to the deadline, except as exempt from public disclosure under applicable law, will be available for public inspection on the Town website, and in the City Clerk’s Office at 1600 Floribunda Avenue, Hillsborough, CA 94010, during regular business hours. During the meeting, members of the public may provide public comments on a consent calendar item, any other agenda item, or on non-agenda items during the general public comment portions of the meeting. All members of the public will be limited to one comment per item or non-agenda item.
AUDIO / VISUAL ADVISORY:
Those persons who wish to use PowerPoint or other mediums when presenting to the City Council will be required to submit media items to the City Clerk by 12:00 p.m. on the day of the meeting. Media items can be emailed to [email protected].
AUDIO OR VIDEO RECORDINGS:
Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.
W I L L I A M L. M c C L U R E
J O H N L. F L E G E L
D A N K. S I E G E L
J E N N I F E R H. F R I E D M A N
M I N D I E S. R O M A N O W S K Y
L E I G H F. P R I N C E
D A V I D L. A C H
G R E G O R Y K. K L I N G S P O R N
N I C O L A S A. F L E G E L
K R I S T I N A A. FENT O N
C A R A E. SILVER
KIMBERLY J. BRUMMER
C A M A S J . S T E I N M E T Z
PHILIP S. SOU S A
____________
B R I T T N E Y L. S T A N D L E Y
C H R I S T I A N D. P E T R A N G E L O
J O S E P H H. F E L D M A N
JORGENSON, SIEGEL, McCLURE & FLEGEL, LLP
ATTORNEYS AT LAW
1 1 0 0 A L M A S T R E E T, S U I T E 2 1 0
M E N L O P A R K, C A L I F O R N I A 9 4 0 2 5 - 3 3 9 2 ( 6 5 0 ) 3 2 4 - 9 3 0 0
F A C S I M I L E ( 6 5 0 ) 3 2 4 - 0 2 2 7
w w w . j s m f . c o m
March 10, 2023
O F C O U N S E L
KENT MITCHELL
____________
R E T I R E D
J O H N D. J O R G E N S O N
MARGARET A. SLOAN
D I A N E S. G R E E N B E R G
____________
D E C E A S E D
M A R V I N S. S I E G E L
( 1 9 3 6 - 2 0 1 2 )
J O H N R. C O S G R O V E
( 1 9 3 2 - 2 0 1 7 )
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
& VIA ELECTRONIC MAIL: [email protected]
Lisa Natusch
City Clerk
Town of Hillsborough
1600 Floribunda Ave.
Hillsborough, CA 94010
Re: Claim of Joseph Pfeister and Maricar Pacquing / Failing Infrastructure at 2095 Ralston Ave
Dear Madam Clerk:
This firm has been retained by Joseph Pfeister and Maricar Pacquing regarding the above-referenced Claim. As you are aware, our clients last year informed the Town of Hillsborough (“Town”) of the failure of a portion of the Town’s retaining wall that in part supports the bridge that is our clients’ sole access to their property. By your letter of November 30, 2022, the Town of Hillsborough (“Town”) rejected the claim .
Since the Claim was filed, water that flowed from Ralston Avenue significantly damaged our clients’ property. They have also discovered additional evidence supporting their claim that the failed retaining wall, and the damage from the water directed onto their property, is the Town’s responsibility. For example, contrary to the Town’s position that the only affected structures are private property, that would not excuse the Town’s failure (or refusal) to maintain public infrastructure. The historical plans for the construction of the bridge were filed in 1957 and reflect that the subject retaining wall was pre-existing, and that it pre-existed any development of our clients’ property. Our clients have filed Public Records Act requests seeking any documents that support the Town’s position, only to be told that no such documents exist.
The Town’s failure to maintain records establishing that the improvements were private or public does not support a conclusion that the failed infrastructure is not the Town’s responsibility; rather, it supports the contrary conclusion.
CLOSED SESSION ITEM A
Lisa Natusch, City Clerk
March 10, 2023
Our clients have no choice but to move forward with emergency repairs to the bridge and thus the retaining wall that supports it – without the bridge, they have no access to their property. They have been coordinating with the Town throughout this process and intend to continue to do so.
However, by this letter, Mr. Pfeister and Dr. Pacquing hereby place the Town on notice that they consider the Town’s position that the retaining wall is not part of the Town’s utility infrastructure to be incorrect; and that they hold the Town responsible for the repair and maintenance of the retaining wall and associated structures. It is our intent to file a timely action to enforce the Town’s obligations if this matter is not resolved to their satisfaction.
We hope that this will not be necessary, and to that end I invite the Town to contact me at its earliest opportunity to discuss potential resolutions and potentially a tolling agreement to avoid having to file legal action while those discussions are ongoing. I look forward to further dialog.
Very truly yours,
Gregory K Klingsporn
Cc: Ann E. Ritzma, City Manager (email: [email protected]) Christopher Diaz, City Attorney (email: [email protected])