Meeting
AGENDA
Town of Atherton
City Council
November 15, 2023
REGULAR MEETING 
6:00 PM
Council Chambers
80 Fair Oaks Lane
Atherton, CA 94027
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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
Annual Atherton Library Report
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.

November 2023 – Monthly Departmental Reports

 
REPORT OUT OF CLOSED SESSION
CONSENT AGENDA (Items 1 – 7)
 
1.
APPROVAL OF BILLS AND CLAIMS FOR OCTOBER 2023 IN THE AMOUNT OF $2,030,807
Report: ROBERT BARRON III, FINANCE DIRECTOR 
Recommendation: Approve the Bills and Claims for October 2023 in the amount of $2,030,807
Description: This is a routine item of the itemized bills and claims for Council review and approval. 

 
2.
APPROVAL OF MINUTES
Report: ANTHONY SUBER, CITY CLERK 
RecommendationApprove minutes for October 18th and November 1, 2023. 
Description: This is a routine item to approve City Council meeting minutes. 

 
3.
ACCEPTANCE OF TREASURER’S REPORT FOR THE FIRST QUARTER ENDED SEPTEMBER 30, 2023
Report: ROBERT BARRON III, FINANCE DIRECTOR
Recommendation: Accept the Treasurer’s Report for the first Quarter Ended September 30, 2023.

Description: This is a routine item to accept and file the first quarter treasurer's report. 

 
4.
AUTHORIZING TOWN STAFF TO APPLY FOR AND ACCEPT ALL AVAILABLE FUNDS FROM THE CALIFORNIA DEPARTMENT OF RESOURCES, RECYCLING, AND RECOVERY (CALRECYCLE) FOR WHICH THE TOWN IS ELIGIBLE FOR THE PERIOD FROM NOVEMBER 2023 THROUGH NOVEMBER 2028.
Report: RACHAEL LONDER, MANAGEMENT ANALYST II
Recommendation: It is recommended that the Council authorize Town Staff to apply for and accept all available funds from the California Department of Resources, Recycling, and Recovery (CalRecycle) for which the Town is eligible for the period from November 2023 through November 2028.
Description: This will involve Council authorization for staff to apply for and accept available funds from the California Department of Resources, Recycling, and Recovery.
 

 
5.
APPOINTMENT OF REPRESENTATIVE TO THE SAN MATEO COUNTY MOSQUITO & VECTOR CONTROL DISTRICT
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
Recommendation: Appoint incumbent representative Mason Brutschy to the San Mateo County Mosquito & Vector Control District for a term of four years beginning January 1, 2024 through December 31, 2027. 
Description: This item will be a Council action to consider the re-appointment of Mason Brutchy to the San Mateo County Mosquito & Vector Control District 

 
6.
REVIEW MEETING PROTOCOL REVISIONS 
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
RecommendationAdopt amended Town of Atherton meeting protocols and rules of procedure.
Description: This is an item that will involve a Council discussion and adoption of policies and procedures related to the conduct of meetings for Town.

 
7.
APPROVAL OF ADDITIONAL CHANGE ORDER AUTHORITY ASSOCIATED WITH THE HOLBROOK-PALMER PARK ACCESS AND CIRCULATION PROJECT, PROJECT NUMBER 56083
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council appropriate $350,000 from the Holbrook-Palmer Park Parking Lot Repair project to the Holbrook-Palmer Park Access and Circulation project; and increase the City Manager’s change order authority for Holbrook-Palmer Park Access and Circulation Project, Project Number 556083 by $350,000

Description: This item will involve Council approval of additional change order authority associated with the Holbrook-Palmer Park Access and Circulation Project.    

 

 
PUBLIC HEARING (Items 8 – 9)
 
8.
INTRODUCE AND CONSIDER AMENDMENTS TO ATHERTON MUNICIPAL CODE CHAPTER 8.08 “DEAD OR DANGEROUS TREES” AND CHAPTER 8.10 “REMOVAL OF AND DAMAGE TO HERITAGE TREES,” AND AMENDMENTS TO THE “HERITAGE TREE PRESERVATION STANDARDS AND SPECIFICATIONS”
Report: BRITTANY BENDIX, TOWN PLANNER, SALLY BENTZ, TOWN ARBORIST, & ROBERT OVADIA, PUBLIC WORKS DIRECTOR
RecommendationStaff recommends that the City Council
1. Introduce and consider updates to Chapter 8.08 and Chapter 8.10 of the Atherton Municipal Code and updates to the Heritage Tree Preservation Standards and Specifications, related to tree removals associated with hazards in the public right-of-way.
2. Approve an update to the “Heritage Tree Preservation Standards and Specifications” document changing the arborist reporting requirements for construction sites from monthly to quarterly. regarding construction-site monthly arborist reporting to quarterly reporting. 
3. Provide direction to the Town Arborist on the process for making future changes to the “Heritage Tree Preservation Standards and Specifications.”
Description: This is item involves Council consideration and introduction of amendments to Atherton Municipal Code Chapter 8.08 “Dead or Dangerous Trees” and Chapter 8.10 “Removal of Damage to Heritage Trees,” and the “Heritage Tree Preservation Standards and Specifications.”

 
9.
INTRODUCE AN ORDINANCE TO REPEAL AND REPLACE ATHERTON MUNICIPAL CODE CHAPTER 17.52 “ACCESSORY DWELLING UNITS,” AND TO AMEND CHAPTER 17.36 “PUBLIC FACILITIES AND SCHOOLS DISTRICT (PFS)” AND CHAPTER 17.60 “DEFINITIONS.”
Report: BRITTANY BENDIX, TOWN PLANNER
RecommendationStaff recommends that the City Council conduct a public hearing to introduce an ordinance that repeals and replaces Chapter 17.52 “Accessory Dwelling Units” and amends Chapter 17.36 “Public Facilities and Schools District (PFS)” and Chapter 17.60 “Definitions.”
Description: This is the first introduction of an Ordinance to replace AMC Chapter 17.52 on Accessory Dwelling Units and to amend Chapter 17.36 on Public Facilities and School District and Chapter 17.60 on Definitions.

 
REGULAR AGENDA (Items 10 – 13)
 
10.
REVIEW OF CHARTER FOR AN ATHERTON YOUTH ADVISORY GROUP AND PROVIDE DIRECTION TO STAFF
 

Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council review the draft Charter for an Atherton Youth Advisory Group and provide direction to staff to continue engage with the Group and incorporate the Group into relevant projects and activities.
Description: This item involves review of a draft Charter for an Atherton Youth Advisory Group and providing direction to staff for engagement with the Group.

 
11.
CONFLICT WAIVER REQUEST FROM BURKE WILLIAMS AND SORENSON

Report: MONA EBRAHIMI, CITY ATTORNEY
Recommendation: It is recommended that the City Council consider the conflict waiver requested by the law firm of Burke, Williams & Sorenson, and decide whether to grant a conflict waiver.
Description: This item will involve a Council discussion and direction regarding a conflict of interest waiver related to legal representation. 

 
12.
RECEIVE AN UPDATE ON THE STATUS OF THE TOWN OF ATHERTON’S 2023-2031 HOUSING ELEMENT AND A REPORT ON NEXT STEPS TO RECEIVE CERTIFICATION
Report: BRITTANY BENDIX, TOWN PLANNER
RecommendationReceive an update on the status and next steps to complete and certify the Town of Atherton’s 2023-2031 Housing Element.
Description: This item involves Council review and discussion on updates to the revisions made to the Housing Element.

 
13.
DISCUSSION OF THE CENTER FOR AGE-FRIENDLY EXCELLENCE FOCUS GROUP AND TASK FORCE RESULTS AND CONSIDERATION OF AARP APPLICATION PROCESS. 
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
Recommendation: ​​It is recommended that the Council review and discuss the Center for Age-Friendly Excellence Standing Committee recommendations, focus group results and provide direction regarding the AARP application process. ​  
Description: This will be a Council discussion and review of the Standing Committee and Task Force recommendations and consideration of applying for certification as an age-friendly city. 

 
COUNCIL REPORTS/COMMENTS
 
FUTURE AGENDA ITEMS
 
ADJOURN
 
PLEASE NOTE THE FOLLOWING INFORMATION:

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.