Town of Atherton
City Council January 18,2023
CLOSED SESSION – 5:00 P.M.
REGULAR MEETING – 6:00 P.M. 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.
Join Zoom Meeting:
One tap mobile: 16699006833,,506897786# US (San Jose) Dial by your location: 1 669 900 6833 US (San Jose) Meeting ID: 506 897 786 Weblink: https://zoom.us/j/506897786
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.
This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
5:00 P.M. CLOSED SESSION IN ADMINISTRATIVE CONFERENCE ROOM 1011
A.CONFERENCE WITH LABOR NEGOTIATORS, Unrepresented Employees (Gov. Code section 54957.6.) Agency designated representatives: George Rodericks, Anthony Suber, Mark Wilson Employee organization:Atherton Police Officers Association
6:00 P.M. REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL – Holland, DeGolia, Lewis, Vice Mayor Hawkins-Manuelian, Mayor Widmer
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.)
PRESENTATIONS – None
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.
REPORT OUT OF CLOSED SESSION by City Attorney Ebrahimi
CONSENT AGENDA (Items 1 – 6)
APPROVAL OF BILLS AND CLAIMS FOR DECEMBER 2022 IN THE AMOUNT OF $2,051,605 Report: Robert Barron III, Finance Director Recommendation: Approve Bills and Claims for December 2022 in the amount of $2,051,605. Description:This is a routine report to review the bills and claims from December 2022.
APPROVAL OF MINUTES Report: Anthony Suber, City Clerk Recommendation: Approve minutes for December 21, 2022. Description: This item involves Council approval the December 21, 2022 City Council Regular Meeting.
COUNCIL COMMITTEE ASSIGNMENTS Report: George Rodericks, City Manager Recommendation: It is recommended that the Council receive and file the Mayor’s City Council Committee Assignments. Description: This item involves a receive and file of the Mayor’s Council Committee assignments for 2023.
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 involves Council approval of a Resolution making certain findings to continue the COVID-19 Emergency.
SECOND READING AND WAIVE FUTURE READINGS OF AN ORDINANCE AMENDING ATHERTON MUNICIPAL CODE CHAPTER 8.16 RELATED TO NOISE CONTROL Report: Steve McCulley, Chief of Police Recommendation: Second reading and waive future readings of an Ordinance amending Atherton Municipal Code Chapter 8.16 related to Noise Control. Description:This item involves Council adoption of the 2nd reading and waive future readings of an Ordinance amending Atherton Municipal Code Chapter 8.16 related to Noise Control.
APPROVE THE SETTLEMENT AGREEMENT WITH S.J. AMOROSO CONSTRUCTION, INC. FOR TOWN CENTER PROJECT CLOSE-OUT Report: George Rodericks, City Manager Recommendation: Approve the attached Settlement Agreement with S.J. Amoroso Construction, Inc. (SJA) for the Town Center Project Close-Out. Description: This item involves a close out of all change orders and claims regarding the Town Center Project. Once the Historic Council Chamber doors are installed, the Town will issue a Notice of Completion for the Project.
INTRODUCTION FOR 1ST READING AND WAIVE FUTURE READINGS TO AMEND TITLE 9 OF THE ATHERTON MUNICIPAL CODE TO ADOPT CHAPTER 9.18 RELATED TO TARGETED RESIDENTIAL PICKETING Report: Steve McCulley, Chief of Police Recommendation: Introduce for 1st reading and waive future readings of an Ordinance of the Atherton Municipal Code Chapter 9.18 related to Targeted Residential Picketing. Description:This item involves Council discussion and approval to introduce the 1st reading and waive future readings to amend Title 9 of the Atherton Municipal Code to adopt Chapter 9.18 related to targeted residential picketing.
ADOPTION OF AN ORDINANCE TO AMEND CHAPTER 15.19 OF THE ATHERTON MUNICIPAL CODE BY AMENDING AND ADOPTING THE 2022 CALIFORNIA GREEN BUILDING CODE AND AN EV CHARGING AND ALL ELECTRIFICATION REACH CODES, WITH EXCEPTIONS Report: Mike Greenlee, Building Official Recommendation: City Council to consider Amending Chapter 15.19 of the newly adopted ordinance of the Atherton Municipal Code and by adopting the 2022 California Green Building Code and an EV Charging and All Electrification Reach Codes with exceptions. Direct the Building Official to file the amendments with State of California as required by law. Description: This item involves Council discussion and the adoption of an ordinance to amend Chapter 15.19 of the Atherton Municipal Code by amending and adopting the 2022 California Green Building Code and an EV Charging and All Electrification Reach Codes, with exceptions.
CONSIDERATION OF AN APPOINTMENT TO THE BICYCLE AND PEDESTRIAN COMMITTEE Report: Anthony Suber, Deputy City Manager/City Clerk Recommendation: Review one applicant for two (2) vacant seats on the Bicycle and Pedestrian Committee and appoint them to the latest term expiring June 2026. Description: This item will be a Council discussion to consider an appointment to the Bicycle and Pedestrian Committee.
APPROVAL OF PROPOSAL FROM THE AMERICAN GREEN ZONE ALLIANCE (AGZA) FOR A WORKSHOP FOR PROFESSIONALS TRANSITIONING TO BATTERY ELECTRIC LAND CARE EQUIPMENT AND OPERATIONS Report: Rachael Londer, Management Analyst I Recommendation: It is recommended that the Council review, provide comments, and approve the proposal for the American Green Zone Alliance (AGZA) Workshop as recommended by the Environmental Programs Committee (EPC). Description: This item proposes that the Council discuss and decide on whether to allocate funds to host a workshop focused on helping landscapers and homeowners to make the transition to battery-electric landscaping equipment as proposed by the Environmental Programs Committee.
APPROVAL OF 2023 EARTH DAY WORK PLAN AND BUDGET AS RECOMMENDED BY THE ENVIRONMENTAL PROGRAMS COMMITTEE (EPC). Report: Rachael Londer, Management Analyst II Recommendation: It is recommended that the Council review, provide comment, and approve the 2023 Earth Day Event Work Plan and Budget as recommended by the Environmental Programs Committee (EPC). Description: This item presents a work plan for the 2023 Earth Day community event for Council to approve associated budget and activities.
REVISIONS TO THE DRAFT HOUSING ELEMENT IN RESPONSE TO HCD COMMENT Report: Lisa Costa Sanders, Consultant Recommendation: Review the Revised Draft Housing Element and provide any minor edits to Staff. Description: This item will involve a Council discussion and direction will be provided on the Draft Housing Element.
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.