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, APRIL 10, 2023
4:30 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
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 ano members of the public participated in the meeting in person at Town Hall or virtually via Zoom Video Conference
CLOSED SESSION
CALL TO ORDER
Mayor Krolik called the meeting to order at 4:30 p.m.
ROLL CALL
Present: Chuang, Ragsdale, Cole, Krolik
Absent: Royse
PUBLIC COMMENT ON CLOSED SESSION ITEMS
There were no public comments on Closed Session items.
ANNOUNCEMENT OF CONFLICT OF INTEREST
Councilmember Ragsdale disclosed regarding Closed Session Item A that she has a small amount of stock in Verizon and Crown Castle, and related to Item 7, a small amount of stock in Comcast; however, the amounts are such that they are considered non-interests in terms of contracts under Government Code Section 1090 and also meet the small shareholder exception under the Political Reform Act. Councilmember Ragsdale's stock interests are subject to exceptions and are not disqualifying conflicts of interests requiring her recusal and she may participate in Closed Session Item A and Item 7.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Crown Castle NG West LLC v. Town of Hillsborough, et al San Mateo County Superior Court, Case No. 18CIV05650
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Initiation of Litigation
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)
ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:50 p.m.
REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Minutes - Hillsborough City Council
Monday, April 10, 2023
Mayor Krolik called the meeting to order at 6:00 p.m.
Il. ROLL CALL
Present: Chuang, Ragsdale, Cole, Krolik
Absent: Royse
III. PLEDGE OF ALLEGIANCE
Mayor Krolik led the Pledge of Allegiance.
IV. REPORT FROM CLOSED SESSION
Mayor Krolik stated that there was no report from Closed Session.
V. MINUTES: January 11, 2023, February 13, 2023 and March 30, 2023 On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on roll call vote with Councilmember Royse absent, the minutes of the meeting of January 11, 2023, the minutes of the meeting of February 13, 2023 as amended on page 6, Item 8, to correct "Vice Mayor Krolik" to "Vice Mayor Cole," and the minutes of the meeting of March 30, 2023 were approved.
VI. PRESENTATION
• MAYOR'S APPLAUSE
Mayor Krolik recognized Inspector Christopher Smith and staff in the Police Department and Public Works Superintendent Rick Piña and staff in the Public Works Department with Mayor's Applause for their significant work on the winter storm response.
Inspector Smith and Superintendent Piña provided brief comments.
VII. PUBLIC COMMENT I
There were no public comments.
VIII. ANNOUNCEMENT OF CONFLICT OF INTEREST
Councilmember Ragsdale repeated her earlier disclosure regarding Item 7, that she owns a small amount of stock in Comcast, but the amount is not a material amount and falls under the non-interest exception and small shareholder exception.
Mayor Krolik stated regarding Item 7 that the City Council received written comments from residents of Crystal Springs Road, and regarding Item 14, that she visited a home on Downey Way and viewed the Fagan property from their backyard, and interacted with residents on Fagan Drive for listening purposes.
IX. CONSENT CALENDAR
Councilmember Chuang requested to remove Item 6 from the Consent Calendar.
Mayor Krolik removed Items 9 and 10 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 Vice Mayor Cole and unanimous on roll call vote with Councilmember Royse absent, Consent Calendar items 1, 2, 3, 4, 5, 7, 8, 11, 12 and 13 were approved.
MONTHLY CLAIMS: MARCH 1 THROUGH MARCH 31, 2023 PURSUANT TO CEQA GUIDELINE 15378
Minutes - Hillsborough City Council
Monday, April 10, 2023
The monthly claims for March 1 through March 31, 2023 were approved as submitted.
2. QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT PURSUANT TO CEQA GUIDELINE 15378
The Quarterly Interest Rate Products (swap) Report was accepted.
QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING MARCH 31, 2023 PURSUANT TO CEQA GUIDELINE 15378
The Quarterly Treasurer's Report for the Quarter Ending March 31, 2023 was approved.
4. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 23-03 FOR THE HILLSBOROUGH BEAUTIFICATION FOUNDATION'S CELEBRATE MAY! EVENT PURSUANT TO CEQA GUIDELINES 15378 AND 15301
Fundraising Event Permit Application 23-03 for the Hillsborough Beautification Foundation's Celebrate May! Event pursuant to CEQA Guidelines 15378 and 15301 was approved.
5. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 23-04 FOR THE HILLSBOROUGH SCHOOLS FOUNDATION'S 2023 FUN RUN PURSUANT TO CEQA GUIDELINE 15378 AND 15301
Fundraising Event Permit Application 23-04 for the Hillsborough Schools Foundation's 2023 Fun Run pursuant to CEQA Guideline 15378 and 15301 was approved.
6. APPROVAL OF FUNDRAISING EVENT PERMIT APPLICATION 23-05 AND
APPLICATION FOR A NEW SIGN FOR THE SOLMATEO SIGNATURE KITCHEN TOUR PURSUANT TO CEQA GUIDELINES 15378 AND 15301
Councilmember Chuang provided comments.
Sara Furrer, Kitchen Tour Chair, provided comments regarding the event.
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 with Councilmember Royse absent, Fundraising Event Permit Application 23-05 and the application for a new sign for the SolMateo Signature Kitchen Tour pursuant to CEQA Guidelines 15378 and 15301 were approved.
RECONSIDER RESOLUTION NO. 23-23 APPROVING COMCAST'S PERMIT APPLICATIONS FOR THE INSTALLATION OF TWO (2) BATTERY CABINETS (UTILITY BOX OUTDOOR FIXTURES) AT 1020 CRYSTAL SPRINGS ROAD AND DIRECT STAFF TO SCHEDULE A PUBLIC HEARING AT THE MAY 8, 2023 CITY COUNCIL MEETING TO CONSIDER NEW LOCATION(S) FOR THE TWO (2) CABINETS NEAR 1020 CRYSTAL SPRINGS ROAD PURSUANT TO CEQA The resolution reconsidering Resolution No. 23-23 approving Comcast's Permit Applications for the installation of two (2) battery cabinets (Utility Box Outdoor Fixtures) at 1020 Crystal Springs Road and directing staff to schedule a Public Hearing at the May 8, 2023 City Council Meeting to consider new location(s) for the two (2) cabinets near 1020 Crystal Springs Road pursuant to CEQA Guideline 15303 was adopted.
OPT INTO THE SETTLEMENT AGREEMENTS WITH WALGREENS CO., WALMART, INC., CVS HEALTH CORPORATION/CVS PHARMACY INC., TEVA
PHARMACEUTICAL INDUSTRIALS LTD., AND ALLERGAN FINANCE LLC/ALLERGAN
LIMITED, AGREE TO THE TERMS OF THE STATE-SUBDIVISION AGREEMENTS,
AND AUTHORIZE ENTRY INTO THE STATE-SUBDIVISION AGREEMENTS WITH
THE ATTORNEY GENERAL PURSUANT TO CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15378(B)(4)
Minutes - Hillsborough City Council
Monday, April 10, 2023
The City Council Opted into the Settlement Agreements with Walgreens Co., Walmart, Inc., CVS Health Corporation/CVS Pharmacy Inc., Teva Pharmaceutical Industrials Ltd., and Allergan Finance LLC/Allergan Limited, Agreed to the Terms of the State- Subdivision Agreements, and authorized entry into the State-subdivision agreements with the Attorney General pursuant to CEQA Guidelines Sections 15061(B)(3) and 15378(B)(4).
9. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A SECOND AMENDMENT TO THE EXISTING AGREEMENT WITH FREYER & LAURETA, INC. FOR CEQA COMPLIANCE SERVICES FOR THE DESIGN OF THE HIGHLINE WATER PIPELINE PROJECT IN THE AMOUNT OF $181,200.00, FOR A TOTAL CONTRACT AMOUNT OF $752,800.00 PURSUANT TO CEQA GUIDELINE This item was considered with Item 10.
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 Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote with Councilmember Royse absent, the resolution approving and authorizing the City Manager to execute a second amendment to the existing agreement with Freyer & Laureta, Inc. for CEQA compliance services for the design of the Highline Water Pipeline Project in the amount of $181,200.00, for a total contract amount of $752,800.00 pursuant to CEQA Guideline 15306 was adopted.
RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH G. BORTOLOTTO & COMPANY, INC. FOR THE 2023 STREET RESURFACING PROJECT IN THE AMOUNT OF $3,842,864.40, WITH A 10% CONTINGENCY IN THE AMOUNT OF $384,286.44, FOR A TOTAL COST OF $4,227,150.84; APPROVE FY 2022-23 BUDGET AMENDMENT IN THE CAPITAL IMPROVEMENT FUND (CIP #401.47) IN THE AMOUNT OF $4,061,791.80; AND
AUTHORIZE THE FINANCE DIRECTOR TO MAKE AN INTER-FUND BORROWING FOR CASH FLOW PURPOSES PURSUANT TO CEQA GUIDELINE SECTION 15301 This item was considered with Item 9.
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 Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote with Councilmember Royse absent, the resolution awarding to and authorizing the City Manager to execute a contract with G. Bortolotto & Company, Inc. for the 2023 Street Resurfacing Project in the Amount of $3,842,864.40, with a 10% contingency in the amount of $384,286.44, for a total cost of $4,227,150.84 was adopted; a FY 2022-23 budget amendment in the Capital Improvement Fund (CIP #401.47) in the amount of $4,061,791.80 was approved and the Finance Director was authorized to make an Inter-Fund Borrowing for cash flow purposes pursuant to CEQA Guideline Section 15301.
11. RESOLUTION RESCINDING RESOLUTION NO. 22-14 AND RESOLUTION NO. 22-63 AND APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC WORKS WATER MAINTENANCE VEHICLE IN THE AMOUNT OF $69,978.83 PURSUANT TO CEQA GUIDELINE 15378
The resolution rescinding Resolution No. 22-14 and Resolution No. 22-63 and approving the purchase of one replacement Public Works Water Maintenance Vehicle in the amount of $69,978.83 pursuant to CEQA Guideline 15378 was adopted.
Minutes - Hillsborough City Council
Monday, April 10, 2023
12. RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC WORKS SEWER MAINTENANCE VEHICLE IN THE AMOUNT OF $287,362.69 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving the purchase of one replacement Public Works Sewer Maintenance Vehicle in the amount of $287,362.69 pursuant to CEQA Guideline 15378 was adopted.
13. ACCEPTANCE OF THE 2022 GENERAL PLAN ANNUAL PROGRESS REPORT PURSUANT TO CEQA GUIDELINE 15378
The 2022 General Plan Annual Progress Report pursuant to CEQA Guideline 15378 was accepted.
X. PUBLIC HEARING
14. RESOLUTION APPROVING THE VESTING TENTATIVE MAP FOR THE PROPOSED SUBDIVISION OF 85 FAGAN DRIVE AND ADJACENT VACANT LOT PURSUANT TO CEQA CATEGORICAL EXEMPTION SECTION 15315 MINOR LAND DIVISIONS Doug Belcik, Acting Senior Civil Engineer, provided the staff report. Public Works Director Paul Willis and City Attorney Christopher Diaz provided additional information.
Mayor Krolik opened the public hearing at 6:55 p.m.
Applicant engineer Ben McVeigh provided information regarding the proposed project.
Charlie Bullock, 35 Fagan Drive, expressed concerns regarding disruption and noise of the potential subdivision and extension of Fagan Drive.
Morton Newman, 45 Fagan Drive, stated the revised plan is a better solution than the original plan.
Michael Lagen provided comments regarding the wall on Oakdale and inquired as to whether the wall is historic.
James McDowell provided comments in opposition to the subdivision citing concerns with safety, the impacts of construction on the neighbors, impacts on property values, and potential violations of the Hillsborough Municipal Code.
Peter Boutin, 35 Downey Way, spoke in opposition to the extension of the cul-de-sac citing concerns with safety and security.
Caryn McDowell expressed concerns regarding multiple changes to the proposal, safety issues with construction vehicles and prior behavior by the developer and requested the City Council consider the safety matters when making a decision on the project.
Suzanne Boutin expressed concerns regarding the extension of the cul-de-sac and requested additional time to review the alternatives presented this evening.
Mike Folgner provided comments regarding the wall and requested additional research regarding the spike strip. Folgner stated he prefers the single lot.
Emily Patterson, property manager, 55 Fagan Drive, spoke in support of the comments made by other speakers and provided comments regarding experiences with the construction workers and property owner at 85 Fagan Drive and expressed concerns regarding the potential future construction along the shared property line. Patterson spoke in opposition to the plans and requested additional time to review the changes proposed this evening.
Applicant engineer Ben McVeigh provided brief comments.
Mayor Krolik closed the public hearing at 7:33 p.m.
Minutes - Hillsborough City Council
Monday, April 10, 2023
Mr. McVeigh provided additional brief comments.
On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote with Councilmember Royse absent, the City Council continued the item to the next available City Council meeting at City Engineer staff discretion and with notice to the public, to bring back answers to questions that have been asked related to WUl, public health, safety and welfare and flag lots, and to bring back a resolution potentially approving one of the alternatives with the required legal findings that the City Engineer needs to make to the City Council, and a resolution denying the original proposal for the extension of the roadway.
XI. OLD BUSINESS
15. CONSIDER APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH THE BURLINGAME COUNTRY CLUB TO CONSTRUCT
A PATHWAY PROJECT WITH MODIFICATIONS REQUESTED BY THE BURLINGAME COUNTRY CLUB PURSUANT TO CEQA GUIDELINE 15301
At 8:05 p.m., Mayor Krolik recused herself from participation in the item and left the room as her husband is a member of the Burlingame Country Club.
Vice Mayor Cole presided over the item.
City Christopher Attorney Diaz presented the staff report. City Attorney Diaz read a statement from Councilmember Royse in support of waiving the requirement that the Burlingame Country Club agree to the Town's Values Statement. City Manager Ann Ritzma and Public Works Director Paul Willis provided additional information.
Vice Mayor Cole opened public comment. There were no speakers. Vice Mayor Cole closed public comment.
On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on roll call vote with Councilmember Royse absent and Mayor Krolik recused, the City Council approved and authorized the City Manager to execute a License Agreement with the Burlingame Country Club to construct the Pathway Project with modifications requested by the BCC pursuant to CEQA Guideline 15301.
Mayor Krolik returned to the room and took her seat at the dais at 8:13 p.m. Mayor Krolik presided over the remainder of the meeting.
XII. NEW BUSINESS
16. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIG, INC. FOR PROFESSIONAL SERVICES TO CONDUCT ENVIRONMENTAL REVIEW FOR THE TOWN OF HILLSBOROUGH 6TH CYCLE HOUSING ELEMENT UPDATE 2023-2031 AND ASSOCIATED GENERAL PLAN ELEMENTS IN THE NOT-TO-EXCEED AMOUNT OF $248,745.00 PURSUANT TO CEQA GUIDELINE 15306
Planning Manager Liz Ruess presented the staff report. Attorney Barbara Kautz, Partner, Goldfarb & Lipman LLP and City Attorney Christopher Diaz provided additional information.
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 associated general plan elements in the not-to-exceed amount of $248,745.00.
XIII. INFORMATIONAL
Minutes - Hillsborough City Council
Monday, April 10, 2023
17. CITY MANAGER'S UPDATE
City Manager Ann Ritzma provided an informational update.
XIV. PUBLIC COMMENT II
There were no public comments.
XV. CITY COUNCIL ITEMS
Councilmember Chuang encouraged the City Council and the community to attend upcoming CERT training.
Councilmember Ragsdale reported her attendance at a meeting of the Peninsula Clean Energy Board of Directors and the CERT kickoff and announced an upcoming meeting of Vice Mayor Cole reported her attendance at a meeting of the Firewise Board.
Mayor Krolik reported on the Memorial Day Parade planning and announced an upcoming meeting of C/CAG.
XVI. ADJOURNMENT
Mayor Krolik adjourned the meeting at 8:38 p.m.
Submitted by:
Aun Natisa
Lisa Natusch, City Clerk