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, MAY 8, 2023
3:00 PM STUDY SESSION
4:00 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 and members of the public participated in the meeting in person at Town Hall or virtually via Zoom Video Conference.
STUDY SESSION
CALL TO ORDER
Mayor Krolik called the meeting to order at 3:00 p.m.
ROLL CALL
Present: Chuang, Ragsdale, Royse, Cole, Krolik
A. STUDY SESSION ON FY 2023-24 PROPOSED BUDGET AND SCHEDULE OF FEES AND
CHARGES
Acting City Manager Jan Cooke and Assistant Finance Director Rich Santiago presented the staff report. Public Works Director Paul Willis and Police Chief Doug Davis provided additional information.
Mayor Krolik suggested modifications to the budget introduction and overview. Following discussion, without objection, the following edits were directed: replacement of the word "superior" in the mission statement with "unique;" in the "Brief History and Profile" section on page 26, removal of the word "wealthy;" removal of the 4th paragraph regarding the Gold Rush; on page 27, replacement of ""perfumed city" (as one San Francisco newspaper put it" with "a new town," and on page 28, the second bullet point under "Town Services," replacing "through the public school" with "JPA with the public school)." City Attorney Diaz stated that staff would look at the history of the mission statement and confirm whether formal action is needed to modify it, and if so, would bring it back to the City Council for approval.
Mayor Krolik requested more information regarding the increase in the Appeal of ADRB Decision and the Appeal of an Administrative Determination fees on page 280.
ADJOURN STUDY SESSION
Mayor Krolik adjourned the meeting at 4:00 p.m.
CLOSED SESSION
CALL TO ORDER
Mayor Krolik called the meeting to order at 4:04 p.m.
ROLL CALL
Present: Chuang, Ragsdale, Royse, Cole, Krolik
Minutes - Hillsborough City Council
Monday, May 8, 2023
PUBLIC COMMENT
There were no speakers.
ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
De Aquino v. Town of Hillsborough, et al.
San Mateo Superior Court Case No. 22-CIV-03845
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Eric Noeth and Maya Noeth v. Town of Hillsborough
San Mateo Superior Court Case No. 22-CIV-05243
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant - Two Potential Cases (legal threat documents in agenda packet) D. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957
Title: City Manager
ADJOURN CLOSED SESSION
The Closed Session was adjourned at 6:01 p.m.
REGULAR CITY COUNCIL MEETING
CALL TO ORDER
Mayor Krolik called the meeting to order at 6:07 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
City Attorney Christopher Diaz stated there was no reportable action and direction was given to staff.
V. MINUTES: April 10, 2023, April 17, 2023 and April 26, 2023 Special Meetings On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on roll call vote with Councilmember Royse abstaining on the minutes of April 10, 2023 due to his absence from that meeting, the minutes of the April 10, 2023, April 17, 2023 and April 26, 2023 Special Meetings were approved.
Vl. PROCLAMATIONS
• MAY AS MENTAL HEALTH MONTH
Minutes - Hillsborough City Council
Monday, May 8, 2023
Vice Mayor Cole read a proclamation in recognition of May as Mental Health Month.
County of San Mateo Behavioral Health Commissioner Paul Nichols received the proclamation and provided comments.
• MAY AS JEWISH AMERICAN HERITAGE MONTH
Councilmember Ragsdale read a proclamation in recognition of May as Jewish American Heritage Month. Former Mayor Tom Kasten provided comments.
MAY AS ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH Councilmember Chuang read a proclamation in recognition of May as Asian American and Pacific Islander Heritage Month.
• NATIONAL PUBLIC WORKS WEEK
Councilmember Royse read a proclamation in recognition of National Public Works week. Public Works Director Willis received the proclamation and provided comments.
VIl. PRESENTATION
MAYOR'S APPLAUSE
Mayor Krolik recognized resident Kirk Syme with Mayor's Applause for his assistance to the Town as a member of the Housing Element Advisory Committee and for providing his expertise related to the Town-owned opportunity sites identified in the draft Housing Element. Mr. Syme provided brief comments.
VIlI. PUBLIC COMMENT I
There were no speakers.
IX. ANNOUNCEMENT OF CONFLICT OF INTEREST
Councilmember Ragdale announced regarding Item 10, that she falls within the small shareholder exception and that she drove by the two proposed sites. Councilmember Ragsdale disclosed regarding item 12, that she no longer falls under the small shareholder exception and must recuse herself from participation in the item under the Political Reform Mayor Krolik reported she listened to neighbors regarding Item 10.
Councilmember Chuang, Councilmember Royse, Mayor Krolik and Vice Mayor Cole reported regarding Item 10 that they drove by the two proposed sites but have not spoken to anyone.
X. CONSENT CALENDAR
Mayor Krolik suggested a modification to Item 5 to reference two Pride Flags, as the Town displays two flags.
Councilmember Royse requested to remove Item 2 and Item 6.
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, Consent Calendar Items 1, 3, 4, 5 (as amended), 7, 8 and 9 were approved.
1. MONTHLY CLAIMS: APRIL 1 THROUGH APRIL 30, 2023 PURSUANT TO CEQA GUIDELINE 15378
The monthly claims for April 1 through April 30, 2023 were approved as submitted.
Minutes - Hillsborough City Council
Monday, May 8, 2023
RESOLUTION APPROVING THE TOWN OF HILLSBOROUGH'S UNCLAIMED FUNDS POLICY PURSUANT TO CEQA GUIDELINE 15378
Acting City Manager Jan Cooke responded to City Council questions. Public Works Director Paul Willis and City Attorney Christopher Diaz provided additional information.
MOTION: Councilmember Royse moved and Vice Mayor Cole seconded the motion to modify the minimum amount from $15 to $50.
Following discussion, City Attorney Diaz recommended continuing the item to the next regular meeting following a review of State law related to the $15 and for potential modifications to the policy to aggregate the amounts for an annual newspaper publication.
Councilmember Royse withdrew his motion.
Without objection, the resolution adopting the Town of Hillsborough's Unclaimed Funds Policy pursuant to CEQA Guideline 15378 was continued to the next regular City Council meeting.
3. RESOLUTION PROVIDING FOR INTERIM MODIFICATIONS TO THE BUSINESS LICENSE TAX PURSUANT TO CEQA GUIDELINE 15378
The resolution providing for interim modifications to the Business License Tax pursuant to CEQA Guideline 15378 was adopted.
4. RESOLUTION SETTING THE AMOUNT OF THE SPECIAL TAX FOR POLICE
PROTECTION AND FIRE PROTECTION AND PREVENTION FOR FISCAL YEAR 2023-24 PURSUANT TO CEQA GUIDELINE 15378
The resolution setting the amount of the special tax for police protection and fire protection and prevention for Fiscal Year 2023-24 pursuant to CEQA Guideline 15378 was adopted.
5. RESOLUTION AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT TOWN HALL
TO COMMEMORATE LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) PRIDE MONTH PURSUANT TO CEQA GUIDELINE 15378
The resolution authorizing the display of two Pride Flags at Town Hall to commemorate Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month pursuant to CEQA Guideline 15378 was adopted.
6. RESOLUTION AUTHORIZING THE TOWN HALL LIGHTING SCHEDULE FOR THE REMAINDER OF 2023 TO COMMEMORATE EVENTS, PURSUANT TO CEQA GUIDELINE 15378
Councilmember Royse suggested lighting Town Hall red in the month of February for American Heart Month and for Go Red for Women Month.
City Clerk Lisa Natusch stated the suggested red lighting for February would be included in the 2024 lighting schedule.
On motion by Councilmember Royse, seconded by Vice Mayor Cole and unanimous on roll call vote, the resolution authorizing the Town Hall lighting schedule for the remainder of 2023 to commemorate events pursuant to CEQA Guideline 15378 was adopted.
7. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WESLEY CONSTRUCTION INC. TO REMODEL
WATER DAMAGED AREAS OF THE POLICE DEPARTMENT BUILDING IN THE AMOUNT OF $239,000.00 PURSUANT TO CEQA GUIDELINE 15301
Minutes - Hillsborough City Council
Monday, May 8, 2023
The resolution awarding to and authorizing the City Manager to execute a contract with Wesley Construction Inc. to remodel water damaged areas of the Police Department building in the amount of $239,000.00 pursuant to CEQA Guideline 15301 was adopted.
8. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A TWO-YEAR CONTRACT WITH CHARLES ELECTRIC AND CALIFORNIA
ELECTRIC COMPANY FOR ON-CALL ELECTRICAL SERVICES FOR A TOTAL NET NOT-TO-EXCEED AMOUNT OF $90,000 PURSUANT TO CEQA GUIDELINE 15301 The resolution awarding to and authorizing the City Manager to execute a two-year contract with Charles Electric and California Electric Company for on-call electrical services for a total net not-to-exceed amount of $90,000 pursuant to CEQA Guideline 15301 was adopted.
9. APPROVE THE ANNUAL "MILITARY EQUIPMENT" REPORT AND RENEW ORDINANCE NO. 785 REGARDING A MILITARY EQUIPMENT POLICY PURSUANT TO CEQA GUIDELINE 15061(B)(3)
The annual "Military Equipment" Report was approved and Ordinance No. 785 Regarding a Military Equipment Policy was renewed pursuant to CEQA Guideline 15061(B)(3).
XI. PUBLIC HEARING
10. PUBLIC HEARING TO CONSIDER AND ADOPT RESOLUTION AMENDING RESOLUTION NO. 23-23 TO APPROVE COMCAST'S PERMIT APPLICATIONS TO:
(A) RELOCATE TWO (2) NEW BATTERY CABINETS (UTILITY OUTDOOR FIXTURES) FROM 1020 CRYSTAL SPRINGS ROAD TO 1040 CRYSTAL SPRINGS ROAD; AND (B) INSTALL TWO (2) NEW BATTERY CABINETS (UTILITY OUTDOOR FIXTURES) AT 1025 VISTA ROAD, AND GRANTING COMCAST'S REQUEST FOR AN EXCEPTION TO POLICY NO. 19-01 FOR THE INSTALLATIONS, PURSUANT TO CEQA GUIDELINE 15303
Public Works Director Paul Willis presented the staff report. City Attorney Christopher Diaz provided additional information.
Mayor Krolik opened the public hearing at 7:08 p.m.
Applicant Dillon Auyoung, Director of Government Affairs, Comcast and Billy Glisson, Area Construction Manager, Comcast, provided brief comments.
Mayor Krolik opened public comment on the 1040 Crystal Springs Road location.
Abhi Sawant expressed concern that the location was not considered previously, requested hedges on the street side of the cabinets, and inquired if Policy No. 19-01 should be modified rather than the need to consider exceptions to the policy.
Mayor Krolik closed public comment on the 1040 Crystal Springs Road location.
By unanimous poll, the City Council expressed support for the 1040 Crystal Springs Road location with the addition of a landscaping requirement.
Mr. Glisson and Public Works Director Willis responded to City Council questions regarding the 1025 Vista Road location.
Mayor Krolik opened public comment on the 1025 Vista Road location.
Ryan Thompson, 1025 Vista Road, expressed concerns regarding safety of the proposed location due to heavy use of the park, his plans to install a pedestrian gate at the same location, and the visual appearance of the battery cabinet.
Pauline Beare, Santa Inez Avenue, suggested an alternate location, potentially in the island near the home, or to not install a cabinet. Ms. Beare read from an article by Minutes - Hillsborough City Council
Monday, May 8, 2023
Comcast regarding the use of battery cabinets and expressed concern regarding reduction in property value if a cabinet is placed in front of a home.
Mayor Krolik closed the public hearing at 8:23 p.m.
City Attorney Diaz summarized language for a potential motion based on the City Council discussion.
On motion by Vice Mayor Cole, seconded by Councilmember Royse and unanimous on roll call vote, the resolution as presented in the agenda packet striking any approval associated with 1025 Vista Road, adding two conditions related to the cabinet at 1020 Crystal Springs Road: 1) the permittee shall paint the cabinets a dark or forest green color and install screening landscaping in consultation with and to the reasonable satisfaction of the City Engineer and shall maintain the paint and landscaping for the life of the permit to the reasonable satisfaction of the Town; and 2) if bollards are desired, the permittee shall install bollards or a retaining wall at the 1020 Crystal Springs Road location in consultation with and to the reasonable satisfaction of the City Engineer and shall maintain the bollards or retaining wall for the life of the permit to the reasonable satisfaction of the Town was adopted, with direction to staff to bring back a resolution of denial for the application for 1025 Vista Road.
11. RESOLUTION SETTING AND CONFIRMING THE FEES AND CHARGES FOR FISCAL YEAR 2023-24 AND RESOLUTION AUTHORIZING WATER AND SEWER CONNECTION FEES EFFECTIVE JULY 1, 2023 PURSUANT TO CEQA GUIDELINE 15378
Assistant Finance Director Rich Santiago presented the staff report. Public Works Director Paul Willis, City Attorney Christopher Diaz and Planning Manager Liz Ruess provided additional information.
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, the resolution setting and confirming the fees and charges for Fiscal Year 2023-24 was adopted with revisions to maintain the existing fee for Appeal of ADRB Decision and the existing fee for Appeal of an Administrative Determination, with direction to staff to return to the City Council with more information on those fees, and the resolution authorizing water and sewer connection fees effective July 1, 2023 pursuant to CEQA Guideline 15378 was adopted.
XII. OLD BUSINESS
12. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF REVENUE REFUNDING BONDS, SERIES 2023 (WATER AND SEWER PROJECTS) TO
REFINANCE OUTSTANDING BONDS, AUTHORIZING EXECUTION OF INDENTURE
OF TRUST, AND AUTHORIZING EXECUTION OF AND APPROVING RELATED AGREEMENTS AND OFFICIAL ACTIONS PURSUANT TO CEQA GUIDELINE 15378 Councilmember Ragsdale recused herself based on her earlier announcement and left the room.
Acting City Manager Jan Cooke introduced the item. Pete Nissen, Managing Director, Acacia Financial Group, provided the presentation. Josh Cooperman, Advisor, Acacia Financial Group, provided additional information.
Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.
On motion by Councilmember Chuang, seconded by Councilmember Royse and unanimous on roll call vote with Councilmember Ragdale recused, the resolution authorizing the issuance and sale of revenue refunding Bonds, Series 2023 (Water and Sewer Projects) to refinance outstanding bonds, authorizing execution of Indenture of Minutes - Hillsborough City Council
Monday, May 8, 2023
Trust, and authorizing Execution of and approving related agreements and official actions pursuant to CEQA Guideline 15378 was adopted.
At 9:13 p.m., Councilmember Ragsdale returned to the room and took her seat at the dais
13. RESOLUTION ADOPTING THE 2023 SALARY SCHEDULE FOR THE TOWN OF HILLSBOROUGH PURSUANT TO CEQA GUIDELINE 15378
Acting City Manager Jan Cooke presented a brief staff report.
Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.
On motion by Vice Mayor Cole, seconded by Councilmember Royse and unanimous on roll call vote, the resolution adopting the 2023 Salary Schedule for the Town of Hillsborough pursuant to CEQA Guideline 15378 was adopted.
14. DISCUSS AND CONFIRM DIRECTION ON TOBIN CLARK WALKING TRAIL Public Works Director Paul Willis presented the staff report. Resident Kirk Syme and Planning Manager Liz Ruess provided additional information.
Mayor Krolik opened public comment.
Julie Savage, resident of the Tobin Clark area and member of the Hillsborough Beautification Foundation Board, spoke in support of the walking trail project and stated her preference that it not be included in the Housing Element process.
Laith Salma requested the City Council not consider trails on any of the developable parcels, and if possible, to focus on the lower area. Salma suggested an agenda item at the beginning of each City Council meeting to state how many ADU applications have been submitted, permitted, and completed.
Mayor Krolik closed public comment.
Following discussion, City Attorney Diaz summarized the City Council direction to staff to look at a design for the upper portion, working with Planning Manager Liz Ruess on the CEQA aspect, and to come back to the City Council with more information.
XIII. NEW BUSINESS
15. RESOLUTION AUTHORIZING SEWER SERVICE CHARGES EFFECTIVE JULY 1, 2023 PURSUANT TO CEQA GUIDELINE 15378
Assistant Finance Director Rich Santiago presented the staff report.
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, the resolution authorizing sewer service charges effective July 1, 2023 pursuant to CEQA Guideline 15378 was adopted.
16. APPOINTMENT OF DOUG DAVIS AS INTERIM CITY MANAGER PURSUANT TO CEQA GUIDELINE 15378
City Attorney Christopher Diaz presented the staff report.
Mayor Krolik opened public comment. There were no speakers. Mayor Krolik closed public comment.
Minutes - Hillsborough City Council
Monday, May 8, 2023
On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on roll call vote, the City Council appointed Doug Davis as Interim City Manager effective May 9, 2023.
17. DISCUSS AND PROVIDE DIRECTION ON CITY MANAGER RECRUITMENT PURSUANT TO CEQA GUIDELINE 15378
Rebecca Burnside, Owner, It's Personnel Consulting, provided the presentation.
There were no public comments.
Without objection, the City Council scheduled a Special City Council meeting on May 17, 2023 at 4:00 p.m. for further discussion, and supported inclusion of an invitation to the community in the Thursday weekly bulletin to provide feedback to Ms. Burnside on what they are looking for in the new city manager, as well as an invitation to staff.
XIV. INFORMATIONAL
18. ACTING CITY MANAGER'S UPDATE
Acting City Manager Jan Cooke provided an informational update.
XV. PUBLIC COMMENT II
There were no speakers.
XVI. CITY COUNCIL ITEMS
Councilmember Ragsdale reported her attendance at a meeting of the Peninsula Clean Energy Board and provided comments regarding the sustainable Hillsborough home of Sally Liu and Bay Chang featured in the New York Times.
Vice Mayor Cole reported her attendance at a meeting of the Firewise Board.
Councilmember Royse provided information regarding the Age Friendly Task Force and the Hillsborough Youth Commission and announced information would be available at the Memorial Day event. Councilmember Royse reported his attendance at the North School Science Fair and at an Aviation Noise & Emissions Symposium at UC Davis related to his service on the SFO/Airport Community Roundtable.
Councilmember Chuang reported her attendance at a meeting of the Central County Fire Department Board, the Cal Cities City Leaders Summit, and a meeting of the SamTrans Board.
Mayor Krolik reported her attendance at a meeting with the San Mateo Community College District, a meeting of the C/CAG Board, a meeting of the Domestic Violence Council, a fundraiser for Community Overcoming Relationship Abuse (CORA), and the San Mateo County Council of Cities meeting hosted by the City of San Carlos. Mayor Krolik announced the upcoming Memorial Day Parade and reported that she had the opportunity to read to students at West School and to read to children at the Farmer's Market for the San Mateo Library's celebration of Library Week.
XVIl. ADJOURNMENT
Mayor Krolik adjourned the meeting at 10:41 p.m.
Submitted by:
Mum Natusn
Lisa Natusch, City Clerk