Town of Atherton
City Council March 15,2023
6:00 PM. This meeting is being held virtually and in-person
80 Fair Oaks Lane
Atherton, CA 94027
The meeting will be held by tele or video conferencing. The public may participate via: Zoom Meeting.
Join 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.
VIRTUAL & TELECONFERENCE PARTICIPATION
COUNCILMEMBER RICK DEGOLIA Location: Juniper Springs Resort
4000 Meridian Blvd. / P.O. Box 2129
Mammoth Lakes, CA USA 93546
5:00 P.M. CLOSED SESSION IN ADMIN CONFERENCE ROOM
ROLL CALL – Holland, DeGolia, Lewis, Vice Mayor Hawkins-Manuelian, Mayor Widmer
PUBLIC COMMENTS – Limited to Closed Session
5:00 P.M. CLOSED SESSION
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
B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation, Pursuant to Government Code § 54956.9
(Burkleo v. Town of Atherton, et al, Case No. 4:22-cv-02509-JST )
C. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation, Pursuant to Government Code § 54956.9 (Clark v.
Town of Atherton, et al, Case No. 22-CIV-01435)
D.PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957
Title: City Attorney
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 Title: City Manager
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 Francesca Reyes 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.)
REPORT OUT OF CLOSED SESSION - City Attorney Ebrahimi
Discussion: The Departmental Report includes written reports from the Town’s various Departments. Staff is present to answer any questions the Council may have on the various topics noted in the written Reports. The Council may ask questions and discuss any of the various items.
APPROVAL OF MINUTES Report: ANTHONY SUBER, CITY CLERK Recommendation: Approve the minutes for February 15 and March 1, 2023. Description:This is a routine item for Council to approve the meeting minutes from February 15 and March 1, 2023
APPROVAL OF BILLS AND CLAIMS FOR FEBRUARY 2023 IN THE AMOUNT OF $1,487,835 Report: ROBERT BARRON III, FINANCE DIRECTOR Recommendation: Approve the bills and claims for February 2023 in the amount of $ 1,487,835.
Description: This is a routine item to review the bills and claims from February 2023
ANNUAL REPORT REGARDING USE OF MILITARY EQUIPMENT PURSUANT TO AB 481 Report: STEVEN D. MCCULLEY, POLICE CHIEF Recommendation: It is recommended that the City Council accept the AB 481 Annual Report, take public comment, and direct staff to post the report pursuant to Government Code 7072. Description:AB 481 has designated certain types of law enforcement equipment as "military equipment." As noted in a prior Annual Military Equipment Report, the Police Department has equipment that meets the criteria. Staff requests the City Council accept the AB 481 Annual Report.
APPROVAL OF A GRANT FUNDING AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE HOLBROOK-PALMER PARK ACCESS AND CIRCULATION PROJECT; AUTHORIZATION FOR THE CITY ATTORNEY TO FINALIZE THE AGREEMENT AND THE CITY MANAGER TO EXECUTE THE AGREEMENT Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council authorize the City Attorney to finalize a grant funding agreement with the County of Santa Clara for Stanford Mitigation funds for the Holbrook-Palmer Park Access and Circulation Project; and authorize the City Manager to execute. Description: This item involves approval of a Funding Agreement with Santa Clara County for the Circulation Project at Holbrook Palmer Park.
2022 GENERAL PLAN IMPLEMENTATION AND HOUSING ELEMENT ANNUAL PROGRESS REPORT Report: SUNG KWON , TOWN PLANNER Recommendation: It is recommended that the Council review and accept the Annual Progress Report (APR) and authorize its transmittal to the California Governor’s Office of Planning and Research (OPR) and the Californian Department of Housing and Community Development (HCD) pursuant to Section 65400 of the California Government Code. Description: This item involves approval of the Annual Report to the Housing and Community Development Department on the Town’s performance in meeting the requirements of the 2015-2022 Regional Housing Needs Allocation.
AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CAPITAL ACCOUNTING PARTNERS, LLC REGARDING UPDATING THE TOWN’S COST ALLOCATION PLAN AND MASTER FEE SCHEDULE Report: ROBERT BARRON III, FINANCE DIRECTOR Recommendation: It is recommended that the Council authorize the City Manager to execute a contract agreement with Capital Accounting Partners, LLC (CAP) for professional services regarding updating the Town’s Cost Allocation Plan and Master Fee Schedule for a fixed cost not to exceed $33,710. Description: This item involves an award of contract to Cost Accounting Partners to complete a Cost Allocation Study for the Town.
APPOINTMENT TO THE PLANNING COMMISSION 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:This will be a Council discussion to consider an appointment to the Planning Commission to fulfill and unexpired term.
RELEASE OF SURVEY TO ASSESS INTEREST IN PICKLE BALL AT HOLBROOK-PALMER PARK Report: SALLY BENTZ-DALTON, TOWN ARBORIST/PARKS MANAGER Recommendation: It is recommended that the Council authorize the release of a survey to Atherton residents and Holbrook-Palmer Park tennis court key holders to gauge interest in pickleball at Holbrook-Palmer Park. Description: This item involves a discussion and direction by the Council regarding the potential release of a survey regarding pickleball at Holbrook Palmer Park.
REVIEW THE REPORT FROM THE AD HOC SUBCOMMITTEE ON HOUSING AND PROVIDE DIRECTION REGARDING THE VARIOUS AREAS OF FUTURE DISCUSSION Report: GEORGE RODERICKS, CITY MANAGER Recommendation: It is recommended that the Council review the Report from the Ad Hoc Subcommittee on Housing and provide direction regarding the various areas of future discussion. Description: This item involves a review of the recommendations from the Ad Hoc Subcommittee on Housing and providing staff with recommendations on next steps.
REVIEW RECOMMENDATIONS AND PROVIDE DIRECTION REGARDING THE TOWN’S CENTENNIAL CELEBRATION Report: GEORGE RODERICKS, CITY MANAGER Recommendation: It is recommended that the Council review recommendations and provide direction regarding the Town’s Centennial Celebration. Description: This item involves a discussio of the Town’s 100-Year Celebration Event and approval of the suggested budget for the event.
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)
AB 2449 & AB 361:
AB 2449 reiterated 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 Jan. 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 City Council 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.