Town of Atherton
City Council October 19,2022
6:00 PM. This meeting is being held virtually and in-person
80 Fair Oaks Lane
Atherton, CA 94027
This meeting is being held via teleconference pursuant to Government Code section 54953(e)(1)(B) and in compliance with the Brown Act. Section 54953(e)(1)(B) permits the Town to hold a meeting during a proclaimed state of emergency via teleconference in order to determine whether as a result of the emergency meeting in person would present an imminent risk to attendees' health or safety. The meeting will be held by tele or video conferencing. The public may participate via: Zoom Meeting.
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Remote Public Comments:
Meeting participants are encouraged to submit public comments in writing before the meeting. The following email will be monitored during the meeting and public comments will be documented for the record.
This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
6:00 P.M. REGULAR MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL – Polito, Hawkins-Manuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia
PUBLIC COMMENTS – Public Comments can be teleconferenced or emailed directly to the City Clerk, Anthony Suber at [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. Each speaker may address the Council once for a limit of three minutes.)
DEPARTMENTAL WRITTEN REPORTS
Discussion: The Departmental Written Reports include written reports from the Town’s various Departments. Staff is present to answer any questions the Council may have on the various issues noted in the written Reports. The Council may ask questions and discuss any of the various items. This item is included as a linked attachment.
APPROVAL OF MINUTES Report: ANTHONY SUBER, CITY CLERK Recommendation: Approve minutes for September 21, October 5, and October 11, 2022. Description: This item will be a Council review, discussion, and approval of the City Council meeting minutes from September 21, October 5, and October 11 Council Meetings
BILLS AND CLAIMS SEPTEMBER 2022 Report: ROBERT BARRON III, FINANCE DIRECTOR Recommendation:
Description: This will be a review and approval of the September 2022 bills and claims report from the Finance Department.
ADOPT A RESOLUTION 22-XX APPROVING AN UPDATE OF THE TOWN'S CONFLICT OF INTEREST CODE AND APPENDIX “A” DESIGNATING POSITIONS IN THE CONFLICT OF INTEREST CODE Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK Recommendation: Adopt a Resolution Amending Conflict of Interest Code of Non-Elected Officials and Designated employees of the Town of Atherton.
Description: This item involves minor modifications to the Town’s Conflict of Interest Code requirements to reflect recent changed positions.
CONSIDERATION OF RESOLUTION RATIFYING PROCLAMATION OF A STATE OF EMERGENCY IN THE TOWN AND AUTHORIZING TELECONFERENCE MEETINGS OF TOWN LEGISLATIVE BODIES PURSUANT TO THE BROWN ACT GOVERNMENT CODE SECTION 54953(E) Report: GEORGE RODERICKS, CITY MANAGER Recommendation: It is recommended that the Town Council adopt the attached Resolution No. 22-XX, finding a proclamation of the state of emergency to apply within the Town, conditions of which pose an imminent threat to the health and safety to attendees of in-person public meetings, and authorizing teleconference meetings of Town legislative bodies pursuant to Government Code section 54953(e). Description:
This item will involve the Council discussion and approval for a Resolution to allow for teleconferencing meetings under AB 361
REVIEW AND CONSIDERATION OF REVISIONS TO THE RESOLUTION GOVERNINING TOWN COMMITTEES AND COMMISSIONS Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK Recommendation: Review and consider revising Resolution No. 22-01 Governing Town Committees and Commissions to amend the meeting schedule for the Rail Committee from every other month to quarterly.
Description: This item will be for the Council to consider revising the meeting schedule of the Rail Committee.
CONDUCT THE PUBLIC HEARING AND INTRODUCE FOR FIRST READING, BY TITLE ONLY, AN ORDINANCE TO AMEND TITLE 15 OF THE ATHERTON MUNICIPAL CODE ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, RETAINING EXISTING MODIFICATIONS; AND RATIFY THE FIRE REGULATIONS, AS ADOPTED BY THE MENLO PARK FIRE PROTECTION DISTRICT. Report: MIKE GREENLEE, CHIEF BUILDING OFFICIAL Recommendation: Conduct the Public Hearing and Introduce for First Reading, by title only, an Ordinance amending Title 15 of the Atherton Municipal Code adopting by Reference the 2022 California Building Standards Code, retaining existing modifications; and ratify the fire regulations, as adopted by the Menlo Park Fire Protection District.
Description: This is a Public Hearing the will involve the Council consideration and adoption of a Municipal Code amendment to the Building Code and Ratification of the Fire Regulations
CONDUCT THE PUBLIC HEARING AND WAIVE THE FIRST READING AND INTRODUCE BY TITLE ONLY, ORDINANCE NO. 2022-XX AMENDING CHAPTER 15.19 OF THE ATHERTON MUNICIPAL CODE BY ADOPTING THE 2022 CALIFORNIA GREEN BUILDING CODE AND AN EV CHARGING AND ALL ELECTRIFICATION REACH CODES, WITH EXCEPTIONS Report: MIKE GREENLEE, CHIEF BUILDING OFFICIAL Recommendation: Staff recommends the City Council introduce by title only, the first reading of Ordinance No. 2022-XX Amending Chapter 15.19 of the Atherton Municipal Code by Adopting the 2022 California Green Building Code and an Electrification Reach Code and EV Charging Ordinance, with exceptions to be effective January 1, 2023.
Description: This item is a Public Hearing that will involve the Council discussion and possible adoption of Municipal Code amendments for green building codes, electric vehicle charging and all-electric reach codes.
CONSIDERATION OF AN APPOINTMENT TO THE PARK AND RECREATION COMMITTEE Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK Recommendation: Review applicant for one (1) vacant seat on the Park and Recreation Committee for a term expiring June 2026.
Description: This item will involve a Council discussion and consideration of appointing one applicant to the Park and Recreation Committee.
PLAYER CAPITAL TENNIS RENT CREDIT FOR TENNIS COURT CLOSURES ASSOCIATED WITH THE OVERLAY OF THE TENNIS COURTS AT HOLBROOK-PALMER PARK Report: SALLY BENTZ-DALTON, TOWN ARBORIST/PARKS MANAGER Recommendation: It is recommended that the Council consider a rent credit for Player Capital Tennis in the amount of $3,166.66. Description: This item involves a discussion of a rent credit for Player Capital due to court down time during refurbishment of the courts.
ADOPT A RESOLUTION SUPPORTING THE EL CAMINO REAL COMPLETE STREETS GAP CLOSURE PROJECT AND SUBMITTING A GRANT APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR PROJECT PLANNING FUNDS Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council adopt a resolution of local support for the El Camino Real Gap Complete Streets Closure Project grant application to the San Mateo County Transportation Authority for project planning funds. Description: This item involves a discussion and consideration of a Resolution to support a grant application for the El Camino Real Gap Closure Project for Bicycle and Pedestrian Improvements on El Camino Real. The Council will discuss the project funding, overall project cost, and project scope.
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 City Council 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)
TELECONFERENCING AND COVID-19 NOTICE:
The Council is required (1) to post notice and agendas as otherwise provided by the Brown Act and applicable law, (2) allow members of the public to access the meeting via call-in line or internet-based service line, (3) provide details on the agenda on how to access the meeting and give public comment, (4) provide an opportunity to comment pursuant to Government Code section 54954.3 and allow a reasonable amount of time during public comment for a person to register, login, and comment, and (5) monitor the call-in line and/or internet-based service line to ensure no disruption hinders access or ability to comment, if there is, take no action until public access is restored. The Town is not required to provide a location to attend in-person.
The Governor proclaimed a state of emergency due to the COVID-19 virus pandemic on March 4, 2020. The proclamation remains active and applies statewide. The Council is meeting pursuant to Section 54953(e)(1)(B) to determine if the emergency conditions pose a threat to attendees' health and safety, warranting teleconference meetings. The Council is complying with other public access and participation obligations, as required and to ensure that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business.