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, NOVEMBER 13, 2023
4:00 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
Moorings or the cly pant a l horsing pour at and elor ano with a late eat are to and.
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
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)
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
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant - Two Potential Cases (claim forms in agenda packet) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Mahmood Panjwani vs. County of San Mateo, San Mateo County Health, Public Health, Policy and Planning; Peninsula Humane Society & SPCA ("PHS/SPCA"); Town of Hillsborough; Program Manager of Animal Control and Licensing
San Mateo Superior Court Case No. 23CIV04568
D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Employment Dispute Alleging Discrimination and Retaliation E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
In re: Aqueous Film-Forming Foams Products Liability Litigation - PFAS Class Action Litigation
U.S. District Court for the Division of South Carolina, Charleston Division, Case No. 2:18-mn-2873-RMG
PUBLIC COMMENT
There were no speakers.
Minutes - Hillsborough City Council
Monday, November 13, 2023
ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:51 p.m.
REGULAR CITY COUNCIL MEETING
1. CALL TO ORDER
Mayor Krolik called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present: Chuang, Ragsdale, Royse, Cole, Krolik
Ill. PLEDGE OF ALLEGIANCE
Mayor Krolik led the Pledge of Allegiance.
IV. REPORT FROM CLOSED SESSION
City Attorney Christopher Diaz reported that the City Council considered two claims in Closed Session related to storm events; the City Council voted unanimously (5-0) to resolve two claims by Ryan Kir in the amount of $230,000 and voted unanimously (5-0) to reject the claim by Cascao/Periera.
Following the report from Closed Session, the City Council proceeded with the proclamation item.
V. MINUTES: Special Meeting of May 11, 2023 and Regular Meeting of June 12, 2023 On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on voice vote, the minutes of the special meeting of May 11, 2023 and regular meeting of June 12, 2023 were approved.
Following action on the minutes, the City Council proceeded with the Mayor's Applause Presentation item.
VI. PROCLAMATION
• UNITED AGAINST HATE WEEK, NOVEMBER 12-18, 2023
All Councilmembers participated in the reading of the proclamation in recognition of United Against Hate Week. Megan Gosch, Management Analyst, Office of Community Affairs, San Mateo County provided comments.
Following the reading of the proclamation, the City Council proceeded with consideration of approval of the minutes.
VII. PRESENTATION
• MAYOR'S APPLAUSE
Mayor Krolik recognized the Hillsborough Beautification Foundation for the Veterans Day event. Councilmembers provided comments. Mayor Krolik thanked veterans for their VIll. PUBLIC COMMENT I
Norm Torello, Medical Equipment Loan Program (MELP), provided information regarding the program to recondition, recycle and reuse donated medical equipment, and distributed written materials.
IX. ANNOUNCEMENT OF CONFLICT OF INTEREST
Minutes - Hillsborough City Council
Monday, November 13, 2023
There were no announcements of conflict of interest.
X. CONSENT CALENDAR
Councilmember Royse requested to remove Item 8 and Item 16 from the Consent Calendar.
No members of the public requested to remove an item from the Consent Calendar.
On motion by Councilmember Chuang, seconded by Councilmember Ragsdale and unanimous on voice vote, Consent Calendar Items 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 and 15 were approved.
1. MONTHLY CLAIMS: OCTOBER 1 THROUGH OCTOBER 31, 2023 PURSUANT TO CEQA GUIDELINE 15378
The monthly claims for October 1 through October 31, 2023 were approved as submitted.
2. RESOLUTION APPOINTING ONE MEMBER TO THE ADMINISTRATIVE HEARING
PANEL, TWO MEMBERS TO THE ARCHITECTURE AND DESIGN REVIEW BOARD,
TWO MEMBERS TO THE CITIZENS COMMUNICATION ADVISORY COMMITTEE
AND TWO MEMBERS TO THE FINANCIAL ADVISORY COMMITTEE FOR TERMS JANUARY 1, 2024 THROUGH DECEMBER 31, 2026 PURSUANT TO CEQA The resolution appointing one member to the Administrative Hearing Panel, two members to the Architecture and Design Review Board, two members to the Citizens Communication Advisory Committee and two members to the Financial Advisory Committee for terms January 1, 2024 through December 31, 2026 pursuant to CEQA Guideline 15378 was adopted.
3. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 8.32 OF THE
HILLSBOROUGH MUNICIPAL CODE TO BAN GAS POWERED LEAF BLOWERS The ordinance entitled, "An Ordinance of the City Council of the Town of Hillsborough Amending Chapter 8.32 of the Hillsborough Municipal Code Relating to Gas- Powered Leaf Blowers" was adopted.
4. RESOLUTION AUTHORIZING THE TOWN HALL LIGHTING SCHEDULE TO COMMEMORATE EVENTS PURSUANT TO CEQA GUIDELINE 15378
The resolution authorizing the Town Hall lighting schedule to commemorate events was adopted.
5. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH CSG
CONSULTANTS, INC. FOR THE PARKSIDE AVENUE BRIDGE REPLACEMENT PROJECT IN THE AMOUNT OF $415,252.00 PURSUANT TO CEGA GUIDELINES 15302 AND 15306
The resolution approving and authorizing the City Manager to execute an agreement with CSG Consultants, Inc. for Engineering Consulting Services for the Parkside Avenue Bridge Demolition and Replacement Project in the amount of $415,252.00, with a 5% contingency, for a total not to exceed amount of $436,015.00 and allocating funds from the CIP Public Works Streets CIP budget (CIP # 000.00) in the approved FY 2023-24 budget was adopted.
6. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE TWO (2) TWO-YEAR CONTRACTS WITH BARTLEY PUMP, PM. LLC (PUMP MAN) AND UNICO MECHANICAL CORP. (UNICO) FOR ON-CALL WATER
AND SEWER PUMP MAINTENANCE AND REPAIR SERVICES FOR A TOTAL NET NOT-TO-EXCEED AMOUNT OF $120,000.00 FOR BOTH CONTRACTS PURSUANT TO CEQA GUIDELINE 15301
Minutes - Hillsborough City Council
Monday, November 13, 2023
The resolution awarding to and authorizing the City Manager to execute two (2) two-year contracts with Pump Man and Unico for on-call pump maintenance and repair contract services for a total net not-to-exceed amount of $120,000.00 was adopted.
7. RESOLUTION RATIFYING THE EMERGENCY CONTRACT WITH NORGO ENGINEERING, INC. FOR EMERGENCY STORM DRAIN REPLACEMENT AT 2530 SKYFARM DRIVE IN THE AMOUNT OF $198,500.00, PLUS A 10% CONTINGENCY IN THE AMOUNT OF $19,850.00, FOR A TOTAL PROJECT COST OF $218,350.00 PURSUANT TO CEQA GUIDELINE 15301
The resolution ratifying the emergency contract with NORGO Engineering, Inc. for emergency storm drain replacement at 2530 Skyfarm Drive in the amount of $198,500.00, with a 10% contingency in the amount of $19,850, if needed, for a total allocation of $218,350.00 was adopted.
8. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR LEAD SERVICE LINE INVENTORY PROFESSIONAL SERVICES TO HAZEN AND SAWYER, INC. FOR A NOT-TO-EXCEED AMOUNT OF $99,480.00 PURSUANT TO CEQA GUIDELINE 15301
Councilmember Royse provided comments. Public Works Director Paul Willis responded to City Council questions.
On motion by Councilmember Royse, seconded by Vice Mayor Cole and unanimous on voice vote, the resolution awarding to and authorizing the City Manager to execute an agreement with Hazen and Sawyer, Inc. to provide LSLI professional services in the amount of $99,480.00, with a 10% contingency of $9,948.00, for a not-to-exceed amount of $109,428.00, to be allocated from the FY 2023-24 and FY 2024-25 water professional services budgets was adopted.
9. RESOLUTION ACCEPTING AS COMPLETE THE CONTRACT WITH WESLEY CONSTRUCTION, INC. FOR THE DOWNSTAIRS POLICE DEPARTMENT REMODEL IN THE AMOUNT OF $341,308.58, AUTHORIZING ADDITIONAL FUNDING IN THE AMOUNT OF $54,508.58, AND DIRECTING STAFF TO FILE A NOTICE OF COMPLETION PURSUANT TO CEQA GUIDELINE 15302
The resolution accepting as complete the contract with Wesley Construction, Inc. for the downstairs Police Department remodel in the amount of $341,308.58, authorizing additional funding in the amount of $54,508.58, and directing staff to file a notice of completion for the project and release withheld retention in accordance with state prompt payment laws was adopted.
10. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH 3D DATA COM (DBA 3-D TECHNOLOGIES SERVICES, INC.) TO
INSTALL AND MAINTAIN A SALTO ACCESS AND CONTROL SYSTEM ON THE
TOWN HALL, FINANCE AND POLICE DEPARTMENT COMPLEX BUILDINGS IN THE AMOUNT OF $85,145.00 PURSUANT TO CEQA GUIDELINE 15301
The resolution approving and authorizing the City Manager to execute an agreement with 3D Data Com (dba 3-D Technologies Services, Inc.) for the installation and maintenance of a Salto Access and Control Security System on the Town Hall Complex and Gatehouse buildings in the amount of $85, 145.00, with a 10% contingency of $8,514.50, for a total not-to-exceed amount of $93,959.50 and allocating funds from the approved FY 2023-24 budget was adopted.
11. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH CONSOLIDATED CM, INC.
FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE
DARRELL WATER TANK REPLACEMENT PROJECT IN THE AMOUNT OF $149,862.00, RESULTING IN A TOTAL AMOUNT OF $649,590.00 PURSUANT TO CEQA GUIDELINE 15301
Minutes - Hillsborough City Council
Monday, November 13, 2023
The resolution approving and authorizing the City Manager to execute an amendment to the existing agreement with Consolidated CM, Inc. for construction management and inspection services for the Darrell Water Tank Replacement Project in the amount of $149,862.00, for a total not-to-exceed contract amount of $649,590.00, allocating funds from the approved Darrell Tank Improvement (Capital Improvement Plan #511) budget was adopted.
12. RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT PUBLIC WORKS VEHICLE IN THE AMOUNT OF $97,369.64 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving the purchase of one Ford F-350 cab/chassis and dump lift gate, as a replacement for the current Ford Dump Truck in the amount of $97,369.64 and allocate funds from the Public Works Vehicle Capital Replacement Fund was adopted.
13. RESOLUTION APPROVING THE PURCHASE OF AN ADMINISTRATIVE REPLACEMENT POLICE VEHICLE IN THE AMOUNT OF $66,432.03 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving the purchase of an administrative replacement vehicle, a 2024 Chevrolet Tahoe, for a total cost of $66,432.03, allocating funds from the Police Vehicle Capital Replacement Fund was adopted.
RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT MARKED PATROL VEHICLE IN THE AMOUNT OF $57,849.28 PURSUANT TO CEQA GUIDELINE 15378
The resolution approving the purchase of one replacement marked patrol vehicle, a 2023 Ford Explorer Police Interceptor Utility, for the amount of $57,849.28 from National Auto Fleet Group, allocating funds from the Police Vehicle Capital Replacement Fund was adopted.
15. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING 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 AMOUNT OF $78,714.00 RESULTING IN A TOTAL NOT-TO-EXCEED AMOUNT OF $327,459.00 PURSUANT TO CEQA GUIDELINE 15306
The resolution approving and authorizing the City Manager to execute an amendment to the existing agreement with MIG, Inc. to conduct the environmental review for the Housing Element Update 2023-2031 and associated revisions to general plan elements was adopted.
16. MOTION TO OPT-OUT AND AUTHORIZE THE CITY MANAGER, OR THEIR DESIGNEE, TO OPT-OUT IN THE PENDING CLASS ACTION SETTLEMENT IN RE:
AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION, MULTIDISTRICT LITIGATION, CASE NO.: 2:18-MM-2873-RMG PURSUANT TO CEQA GUIDELINE 15061(b)(3)
Councilmember Royse provided comments. City Attorney Christopher Diaz provided comments.
On motion by Councilmember Chuang, seconded by Vice Mayor Cole and unanimous on voice vote, the City Council opted out and authorized the City Manager, or his designee, to execute an opt out letter in the pending class action case of in re: Aqueous Film- Forming Foams Products Liability Litigation, Case No.: 2:18-mm-2873-RMG.
Mayor Krolik thanked the board and committee applicants appointed in Item 2 for their service.
XI. PUBLIC HEARING
Minutes - Hillsborough City Council
Monday, November 13, 2023
17. PUBLIC HEARING ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE HILLSBOROUGH 6TH CYCLE HOUSING ELEMENT UPDATE PROJECT
Assistant Director of Building & Planning Liz Ruess provided the staff report.
Mayor Krolik opened the public hearing at 6:38 p.m. There were no speakers. Mayor Krolik closed the public hearing at 6:38 p.m.
Councilmembers provided comments.
XII. OLD BUSINESS
18. 40 BAYWOOD AVENUE PROPERTY DONATION UPDATE PURSUANT TO CEQA GUIDELINE 15378
City Manager Doug Davis provided the staff report. City Attorney Christopher Diaz provided additional information.
Mayor Krolik opened public comment.
Susan Bardet inquired about the process and expressed concern that the wishes of the owner of the property are not being followed.
Mayor Krolik closed public comment.
Following discussion, by consensus, the City Council directed to not pursue the lease agreement offered to the Town.
XIII. NEW BUSINESS
19. INTRODUCTION OF AN ORDINANCE AMENDING SECTION 1.28.040 OF THE
MUNICIPAL CODE RELATING TO CLAIMS AGAINST THE TOWN AND
CONSIDERATION OF A RESOLUTION AMENDING TOWN POLICY NO. 415 -
SETTLEMENT AUTHORITY REGARDING CLAIMS AGAINST THE TOWN PURSUANT TO CEQA GUIDELINE SECTION 15378
City Clerk Lisa Natusch provided the staff report. Finance Director Jan Cooke, Public Works Director Paul Willis and City Manager Doug Davis provided additional information.
Mayor Krolik opened public comment.
Dennis Moore inquired as to why the increase to $50,000 is desirable and requested a Councilmember be delegated to oversee the process.
Mayor Krolik closed public comment.
On motion by Councilmember Royse, seconded by Councilmember Chuang and unanimous on voice vote, the ordinance entitled, "Ordinance of the City Council of the Town of Hillsborough Amending Section 1.28.040 of the Hillsborough Municipal Code Relating to Claims Against the Town" was introduced with further reading waived, and staff was directed to bring back to the City Council a resolution approving amendments to Policy No. 415 and to provide a quarterly report of claims approved by the City Manager.
XIV. PUBLIC COMMENT I|
There were no speakers.
XV. CITY COUNCIL ITEMS
Councilmember Chuang reported her attendance at a meeting of the SamTrans Board and a SamTrans Board retreat and a meeting of the Central County Fire Board. Councilmember Chuang expressed appreciation to the Central County Fire Department and Police Department for their assistance with the Hillsborough Neighborhood Network Townwide Drill.
Minutes - Hillsborough City Council
Monday, November 13, 2023
Councilmember Royse reported his attendance at a meeting of the SBWMA Board, his participation on a committee for the RethinkWaste Poster Contest, and his attendance at a meeting of the SFO/Community Roundtable. Councilmember Royse provided information regarding the Right of Repair Act.
Councilmember Ragsdale reported her attendance at the Youth Commission Digital Tech Day Workshop, provided an update on the Age-Friendly City initiative, announced an upcoming BAWSCA 20-year anniversary celebration, and reported her attendance at a meeting of the Hillsborough Recreation Commission.
Vice Mayor Cole reported her attendance at a meeting of the Central County Fire Department Board and Hillsborough Recreation Commission. Vice Mayor Cole reported Firewise Chair Dr.
David Weinberg will provide a Firewise update at the December City Council meeting.
Mayor Krolik thanked the Hillsborough Beautification Foundation and the Town's veterans for the Veterans Day event, announced the upcoming Light Up the Town event, and reported her attendance at the Youth Commission Digital Tech Day Workshop. Mayor Krolik reported her attendance at a meeting of the C/CAG Board of Directors in which the availability of additional rain barrels and recruitment for the County Bicycle and Pedestrian Safety Committee was discussed. Mayor Krolik reported her attendance at the retirement reception for Fire Chief Bruce Barron and the ribbon cutting for the new South San Francisco Library and Community Center and thanked the Police Department for their assistance with the Halloween activities in the community.
XVI. TOWN UPDATE
City Manager Doug Davis provided an informational update regarding the Town's ADU Dashboard and events and activities in the town.
Mayor Krolik announced the upcoming Ruby Bridges Walk to School Day events.
XVII. ADJOURNMENT
Mayor Krolik adjourned the meeting at 7:35 p.m. in honor of veterans.
Submitted by:
Uss Natusc
Lisa Natusch, City Clerk