Town of Atherton
City Council February 15, 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.
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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.
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.)
Introduction of Facilities Maintenance Manager – Tony Enochson
Introduction of Police Officer – Karena Shum
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 – 7)
APPROVAL OF BILLS AND CLAIMS FOR JANUARY 2023 IN THE AMOUNT OF $2,554,000 Report: Robert Barron III, Finance Director Recommendation: Approve the bills and claims for January 2023 in the amount of $ 2,554,000. Description: This is a routine report to review the bills and claims from January 2023.
APPROVAL OF MINUTES Report: Anthony Suber, City Clerk Recommendation: Approve minutes for City Council meetings from January 11, January 18, January 31, and February 1, 2023. Description: This item involves Council approval of Regular and Special City Council meeting minutes
ACCEPTANCE OF TREASURER’S REPORT FOR THE SECOND QUARTER ENDED DECEMBER 31, 2022 Report:Robert Barron III, Finance Director Recommendation: Accept the Treasurer’s Report for the Second Quarter Ended December 31, 2022. Description: This will be a Council review and discussion of the Treasurer’s Report which provides an update on the cash and investment position of the Town of Atherton.
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. 23-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 approval of a Resolution Certifying the Continuing Emergency Under COVID-19. The Resolution expires February 28, 2023.
AUTHORIZE RELEASE OF A REQUEST FOR PROPOSAL (RFP) TO UPDATE THE TOWN’S COST ALLOCATION PLAN AND MASTER FEE SCHEDULE Report: Robert Barron III, Finance Director Recommendation: Authorize the release of a RFP to update the Town’s Cost Allocation Plan and Master Fee Schedule. Description: Authorize the release of a RFP to update the Town’s Cost Allocation Plan and Master Fee Schedule. A detailed Cost Allocation Plan provides detailed cost analyses on which to base new fees. The results of the plan inform the development of the Town’s Master Fee Schedule (MFS) that includes all fees charged by all Town Departments. Discussion will include the RFP to seek a qualified consultant for update to the Town’s Cost Allocation Plan.
RESOLUTION AUTHORIZING THE DESTRUCTION OF RECORDS PURSUANT TO GOVERNMENT CODE SECTION 34090 Report: Steve McCulley, Chief of Police Recommendation: Adopt the attached Resolution authorizing the destruction of certain records pursuant to Government Code Section 34090. Description: This item involves Council review and approval of a resolution authorizing the destruction of certain records pursuant to Government Code Section 34090.
ADOPT THE ATTACHED BUDGET AMENDMENT RESOLUTION FOR THE FY 2022/23 BUDGET Report: Robert Barron III, Finance Director Recommendation: Adopt the attached Resolution authorizing a Budget Amendment for the FY 2022/23 Budget. Description: Adopt the attached Resolution authorizing a Budget Amendment for the FY 2022/23 Budget. The Mid-Year Budget Report is an opportunity to make adjustments and operations corrections based on unanticipated changes and the goals and priorities of the City Council. It updates the Council on the Town’s financial position at the halfway point of the fiscal year.
WAIVE THE SECOND READING BY SUBSTITUTION OF THE TITLE AND ADOPT AN ORDINANCE AMENDING TITLE 9 OF THE ATHERTON MUNICIPAL CODE TO CHAPTER 9.18 RELATED TO TARGETED RESIDENTIAL PICKETING Report: Steve McCulley, Chief of Police Recommendation: Waive the second reading by substitution of the title and adopt an Ordinance of the Atherton Municipal Code Chapter 9.18 related to Targeted Residential Picketing. Description: Staff recommends Council authorize amending Title 9 of the Atherton Municipal Code and adopt Chapter 9.18 related to targeted residential picketing. This is a content-neutral, narrowly tailored time, place, and manner restriction on picketing in a limited public forum that will preclude picketers from targeting individual residences by remaining at least 300 feet from any individual residence, while leaving open ample alternative channels for communication available to picketers
CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION TO FILL A VACANT UNEXPIRED TERM Report: George Rodericks, City Manager Recommendation: It is recommended that the Council consider an appointment to the Planning Commission to fill the currently vacant, unexpired term ending in June 2025. Description: The Council will consider the appointment of a volunteer to the Planning Commission to fill an unexpired term.
DISCUSSION OF ATHERTON HOUSING COALITION LETTER AND OTHER ALTERNATIVE HOUSING SOLUTIONS Report: George Rodericks, City Manager Recommendation: It is recommended that the Council review and discuss the proposals put forth by the Atherton Housing Coalition and other alternative housing solutions. Description: This item involves a discussion by the City Council of the Atherton Housing Coalition Letter and the suggestions for housing solutions it contains as well as a discussion of other possible alternative housing solutions in order to comply with the 6th Cycle Housing Element requirements.
DISCUSSION AND CONSIDERAATION OF CREATION OF A 100-YEAR CELEBRATION COMMITTEE OR RATIFICATION OF THE CITY COUNCIL STANDING COMMITTEE; AND CONSIDERATION OF APPOINTMENTS AND/OR RECRUITMENT OF MEMBERS Report: George Rodericks, City Manager Recommendation: It is recommended that the Council discuss the creation of a formal 100-Year Celebration Committee (to include creation of membership and charter), ratify the City Council Standing Committee; and/or consideration of appointments to said Committee. Description: The Council will discuss the creation of a formal 100-Year Celebration Committee (to include creation of membership and charter), ratification of the City Council Standing Committee; and/or consideration of appointments to said Committee.
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.