Remote Public Comments:
Meeting participants are encouraged to submit public comments before the meeting. The following email will be monitored during the meeting and public comments will be documented for the record. Email:[email protected]
This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL – Holland, DeGolia, Lewis, Vice Mayor Hawkins-Manuelian, Mayor Widmer
PRESENTATIONS
Recognize the contributions of Planning Commissioners Perry Narancic and Randy Lamb
PUBLIC COMMENTS – Public Comments can be emailed directly to [email protected]
This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the Agenda that is within the subject matter jurisdiction of the City Council. State law prohibits the Council from acting on items not listed on the Agenda except by special action of the City Council under specified circumstances. Speakers’ time is limited to three minutes. Additionally, the public may address the Council on any subject listed on the Consent and Regular Agenda.
DISCLOSURE OF EX PARTE COMMUNICATIONS – City Council Members should disclose any communications they have had on the agenda items at this time.
DEPARTMENTAL WRITTEN REPORTS
Discussion: The Departmental Reports include written reports from the Town’s various Departments. Staff is present to answer any questions the Council may have on the multiple topics noted in the written reports. The Council may ask questions and discuss any of the various items.
APPROVAL OF BILLS AND CLAIMS FOR JUNE 2023 IN THE AMOUNT OF $ 1,814,801 Report: ROBERT BARRON III, FINANCE DIRECTOR Recommendation: Approve the Bills and Claims for June 2023 in the amount of $1,814,801. Description: This is a routine item of the itemized bills and claims for Council review and approval.
APPROVAL OF MINUTES Report:Recommendation: Approve minutes for June 19 and June 21 Council meetings. Description: This is a routine item to approve Council minutes.
ADOPTION OF RESOLUTION ACCEPTING EXPENDITURES FOR BALANCE OF FISCAL YEAR 2023-24 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF), CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) GRANT Report: STEVEN D. MCCULLEY, POLICE CHIEF Recommendation: Adopt the attached resolution accepting the recommended expenditures of the remaining balance of FY 2023-24 Supplemental Law Enforcement Services Fund (SLESF), Citizen’s Option for Public Safety (COPS) Grant in the amount of $100,000 in accordance with California state requirements. Description: This item is for Council to consider and adoptthe balance of FY 2023-24 Supplemental Law Enforcement Services Fund (SLESF), Citizen’s Option for Public Safety (COPS) Grant in the amount of $100,000 in accordance with California state requirements.
APPROVAL FOR ACCEPTANCE OF A $120,000 DONATION TO THE POLICE DEPARTMENT FOR THE CANINE PROGRAM, WHICH WOULD FUND ONE POLICE CANINE, RELATED TRAINING/EQUIPMENT, AND CANINE POLICE VEHICLE. Report: STEVEN D. MCCULLEY, POLICE CHIEF Recommendation: Approve and accept the $120,000 donation from an Atherton resident for one police canine, related canine training/equipment, and a canine patrol vehicle. Description: This item is for Council consideration to approve and accept a donation for the police canine program.
WAIVE THE SECOND READING BY SUBSTITUTION OF TITLE AND ADOPT ORDINANCE NO. 661 OF THE CITY COUNCIL OF THE TOWN OF ATHERTON, STATE OF CALIFORNIA, AMENDING ATHERTON MUNICIPAL CODE SECTION 8.20.140 TO PROVIDE FOR RECOVERY OF REASONABLE ATTORNEYS' FEES TO PREVAILING PARTIES OF ACTIONS AND PROCEEDINGS BROUGHT BY THE TOWN OF ATHERTON TO ABATE PUBLIC NUISANCES Report: ANDREAS BOOHER, ASSISTANT CITY ATTORNEY Recommendation: It is recommended that the Town Council waive the second reading by substitution of title and adopt Ordinance No. 661, amending Section 8.20.140 of the Atherton Municipal Code, to provide for recovery of reasonable attorneys' fees to the prevailing parties of actions and proceedings brought by the Town of Atherton to abate public nuisances. Description: This is the second reading and adoption of an ordinance amending Section 8.20.140 of the Atherton Municipal Code, to provide for recovery of reasonable attorneys' fees.
APPROVE THE FINAL PARCEL MAP TO ALLOW THE SUBDIVISION OF A 2.5-ACRE LOT INTO TWO LOTS IN THE R1-A ZONING DISTRICT, WITH A CONDITIONAL EXCEPTION FOR LOT WIDTHS AT 43 SANTIAGO AVENUE (APN 070-343-310/PERMIT SUB23-00004 /EXC23-00001 CEQA: The proposal has been determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15332 In-fill Development Project andunder Section 15061(b)(3).
Report: RADHA HAYAGREEV, CONSULTING SENIOR PLANNER Recommendation: Approve the Final Parcel Map, Conditional Exception and Certify the Notice of Exemption to allow the subdivision of a 2.5-acre lot into two substandard lots in the R1-A zoning district, with a conditional exception for lot widths at 43 Santiago Avenue (APN 070-343-310) Description: This is the Final Parcel Map which is in substantial compliance with the Tentative Parcel Map with conditional exception on lot widths, as approved by the City Council on April 19th, 2023.
APPROVAL OF CONTRACT AMENDMENT WITH BRIGHTVIEW LANDSCAPE SERVICES FOR CLEANUP OF EL CAMINO REAL MEDIANS AND RIGHT OF WAY AND LANDSCAPE MAINTENANCE SERVICES ALONG EL CAMINO REAL Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council appropriate funds and authorize an amendment to the Town’s Contract with Brightview Landscape Services for the cleanup of the medians and shoulder areas along El Camino Real in the amount of $70,499; and authorize an additional amendment for landscape maintenance services along El Camino Real in the amount of $25,844 per year. Description: This item is approval of work to improve the current landscape condition of the medians along El Camino Real.
REVIEW AND CONSIDERATION OF REVISIONS TO THE RESOLUTION GOVERNING TOWN COMMITTEES AND COMMISSIONS TO MERGE THE BICYCLE AND PEDESTRIAN AND TRANSPORTATION COMMITTEES Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK Recommendation: Review and consider revising the Resolution No. 22-24 Governing Town Committees and Commissions by merging the Bicycle and Pedestrian and Transportation Committees. Description: This item will involve a Council discussion and review of amendments to the Town resolution that governs committees and commissions with a proposal to merge the Transportation and Bicylce and Pedestrian Committees.
CLAIM REJECTION FOR ALL DAMAGES – TORRES, EMMANUEL (CLAIM NO. 4A2208H3P8K-0001) Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK Recommendation: A claim for damages was received from Mr. Emmanuel Torress on August 16, 2022. The amount of the claim is $3,811. It is recommended that the Council deny this claim. Description: This is an action item to reject a claim filed against the Town.
NOTICE OF CONTINUANCE FOR INTRODUCTION OF ORDINANCE NO.__ ADDING SECTION 12.06.030-D AND CHAPTER 12.10 TO THE ATHERTON MUNICIPAL CODE CLARIFYING MAINTENANCE RESPONSIBILITIES OF OWNERS OF PROPERTY ADJACENT TO PUBLIC RIGHTS OF WAY AND IMPOSING LIABILITY ON OWNERS OF PROPERTY ADJACENT TO PUBLIC SIDEWALKS FOR INJURIES SUFFERED ON PUBLIC SIDEWALKS, AS DEFINE
Report: ANDREAS BOOHER, ASSISTANT CITY ATTORNEY Recommendation: It is recommended to continue this item to a date certain of September 20, 2023. All written and verbal public comments will be received and documented for the record. Description: This item was scheduled to be the 1st reading and introduction of an ordinance and will be continued to the September 20, 2023, Regular City Council meeting.
REVIEW AND RECOMMEND POTENTIAL MULTI-FAMILY HOUSING SITES AND LAND USE STRATEGIES TO INCLUDE IN THE PROJECT DESCRIPTION FOR THE ENVIRONMENTAL REVIEW OF THE 6TH CYCLE HOUSING ELEMENT Report:GEOFF BRADLEY, AICP, PRINCIPAL-IN-CHARGE, M-GROUP & BRITTANY BENDIX, TOWN PLANNER AND HOUSING ELEMENT PROJECT MANAGER, M-GROUP Recommendation: Staff recommends that the City Council review and recommend potential multi-family housing sites and land use strategies to include in the 6th Cycle Housing Element and comply with State law. Recommended sites and strategies will then be included in the project description, which is a necessary step in commencing environmental review pursuant to the California Environmental Quality Act (CEQA). Description: This item will involve a City Council review to recommend potential multi-family housing sites and land use strategies to include in the 6th Cycle Housing Element and comply with State law. Recommended sites and strategies will then be included in the project description, which is a necessary step in commencing environmental review pursuant to the California Environmental Quality Act (CEQA).
DISCUSSION OF PICKLEBALL SURVEY RESULTS AND DIRECTION TO STAFF Report: GEORGE RODERICKS, CITY MANAGER Recommendation: It is recommended that the Council review and discuss the 2023 Pickleball Survey Results and provide direction to staff on next steps. Description: This item is review of the Survey results and recommendations for next steps for Pickleball at Holbrook-Palmer Park.
If you challenge a Town zoning, planning, or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the Town at, or prior to, the public hearing. Judicial review of any Town administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period.
Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection by 5:00 p.m. the Friday before each regularly scheduled City Council meeting.
Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the City Clerk’s Office at (650) 752-0500. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (29 CRF 35.104 ADA Title II)
AB 2449 & AB 361:
AB 2449 reiterates standard Brown Act teleconference rules, re-codifies the rules set out in AB 361 for times of declared emergency, and also provides for relaxed teleconferencing rules when a member of the legislative body needs to attend remotely for an emergency, or other reasons supported by “just cause.” Teleconference Rules Available January 1, 2023
A legislative body may hold a “hybrid” (partial teleconference, partial in-person) meeting without having to comply with certain procedural requirements (post agendas at teleconference locations, identify teleconference locations in the agenda, make all teleconference locations open to the public) in the following limited circumstances:
One or more members of the legislative body (but less than a quorum) have “just cause” for not attending the meeting in person (childcare or family caregiving need, contagious illness, physical or mental disability need, or travel while on official public business); or
One or more members of the legislative body (but less than a quorum) experience an “emergency circumstance” (a physical or family medical emergency that prevents in-person attendance).
The legislative body will continue to have the option to meet via teleconference by following traditional Brown Act rules of identifying, posting, and opening up their teleconference locations.
