Meeting
AGENDA
Town of Atherton
City Council
April 19, 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
  • SAN MATEO COUNTY AGE-FRIENDLY COMMITTEE PRESENTATION 
  • RECOGNITION OF NATIONAL PEACE OFFICERS MEMORIAL DAY
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. 
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.

Link to April 2023 Monthly Reports

 
REPORT OUT OF CLOSED SESSION
CONSENT AGENDA (Items 1 – 5)
 
1.
APPROVAL OF MINUTES
Report: FRANCESCA REYES, OFFICE SPECIALIST
RecommendationApprove minutes for March 15 and April 5, 2023.
Description: This item involves approval of the minutes from prior meetings.

 
2.
APPROVAL OF BILLS AND CLAIMS FOR MARCH 2023 IN THE AMOUNT OF $1,391,045.
Report: ROBERT BARRON III, FINANCE DIRECTOR
Recommendation: Approve the bills and claims for March 2023 in the amount of $1,391,045.
Description: This is a routine item to review the bills and claims from March 2023. 

 
3.
ACCEPT THE SCOPE OF WORK FOR THE INCLUSIONARY STUDY AS DIRECTED BY THE ADOPTED HOUSING ELEMENT; DIRECT THE CITY ATTORNEY TO PREPARE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE WORK; AND ADOPT THE ATTACHED BUDGET AMENDMENT RESOLUTION TO APPROPRIATE FUNDS WITHIN THE FY 2022/23 BUDGET TO COMPLETE THE STUDY
Report: SUNG H. KWON, TOWN PLANNER
RecommendationIt is recommended that the City Council accept the Scope of Work for the Inclusionary Study as directed by the Adopted Housing Element; direct the City Attorney to prepare and authorize the City Manager to execute an agreement for the work; and adopt the attached Budget Amendment Resolution to appropriate $97,200 within the FY 2022/23 Budget to complete the Study.
Description: This item involves authorization of the preparation of the Inclusionary Study as directed by the Adopted Housing Element.

 
4.
APPROVAL OF EVENT GARDEN ENHANCEMENTS AT HOLBROOK-PALMER PARK
Report: SALLY BENTZ-DALTON, TOWN ARBORIST/PARK MANAGER
Recommendation: It is recommended that the Council authorize an amendment to the Town’s Contract with Brightview Landscape Services for improvements in the Event Garden at Holbrook-Palmer Park in an amount not-to-exceed $70,000 and authorize a contingency in the amount of $5,000 for unforeseen issues.
Description: This item involves Council approval of funding to refurbish the Event Garden at Holbrook-Palmer Park.

 
5.
APPROVAL OF FUNDING AND AWARD OF CONTRACT FOR DECOMPOSED GRANITE PATHWAY IMPROVEMENTS IN HOLBROOK-PALMER PARK
Report: SALLY BENTZ-DALTON, TOWN ARBORIST/PARK MANAGER
Recommendation: It is recommended that the Council authorize funding and award a contract to Brightview Landscape Services in the amount of $95,288.59 to replace the existing asphalt pathway in Holbrook-Palmer Park between the pedestrian bridge and the park entry with a decomposed granite (DG) path in Holbrook-Palmer Park and authorize a contingency in the amount of $5,000.
Description: This item involves Council approval of refurbishment of a portion of the asphalt pathway in Holbrook-Palmer Park to decomposed granite, consistent with the Park Master Plan. 

 
PUBLIC HEARING (Items 6 – 7)
 
6.
WAIVE THE FIRST READING AND INTRODUCE BY TITLE ONLY, AN ORDINANCE AMENDING ATHERTON MUNICIPAL CODE CHAPTER 8.16 TO BAN GAS POWERED LEAF BLOWERS
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council waive the first reading and introduce by title only, an Ordinance amending Chapter 8.16 of the Atherton Municipal Code to ban gas powered leaf blowers. 
Description: This item involves the introduction for 1st Reading of an Ordinance to ban the use of gas-powered leaf blowers beginning July 1, 2024. 

 
7.
REQUEST TO REVIEW THE PROPOSAL FOR A TENTATIVE MAP AND CONDITIONAL EXCEPTION TO ALLOW THE SUBDIVISION OF A 2.5 ACRES LOT INTO TWO LOTS WITH NON-CONFORMING LOT WIDTHS (LESS THAN REQUIRED 175 FT.) AT 43 SANTIAGO AVENUE. (APN 070-343-310)
Report: RADHA HAYAGREEV, SENIOR PLANNER
RecommendationIt is recommended that the City Council approve the Notice of Exemption, Tentative Map, Conditional Exception Certificate (based on Planning Commission’s recommendation) for  proposed lot split with substandard lot widths at 43 Santiago Avenue.
Description: Public Hearing to Consider and Approve a Tentative Map, Conditional Exception and Notice of Exemption to Allow the Subdivision of a 2.5 acre lot Into Two Lots With Non-Conforming Lot Widths at 43 Santiago Avenue in Atherton, Ca (Resulting in Less Than 175 Standard 175 Ft. Required Lot Width).

CEQA: The Tentative Map approval would be exempt from the provisions of the California Environmental Quality Act (CEQA) under both the Class 32 (infill) exemption and Section 15061(b)(3).

 
REGULAR AGENDA (Items 8 – 12)
 
8.
REVIEW AND FEEDBACK REGARDING THE REPORT FROM THE AD HOC CITY COUNCIL SUBCOMMITTEE ON HOUSING – CRITERIA FOR OPPORTUNITY SITE SELECTION
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council review, discuss and provide direction to staff regarding the Report from the Ad Hoc Subcommittee on Housing.
Description: This item involves a discussion of the Report from the Ad Hoc Subcommittee on Housing and their recent review of criteria for the Council to codify. The Council will discuss the Report and provide direction to staff. 

 
9.
DISCUSS AND DECIDE ON THE INSTALLATION OF ELECTRIC VEHICLE (EV) CHARGING INFRASTRUCTURE AT HOLBROOK-PALMER PARK THROUGH PENINSULA CLEAN ENERGY’S EV READY PROGRAM
Report: RACHAEL LONDER, MANAGEMENT ANALYST II
Recommendation: It is recommended that the Council discuss and decide if the Town should allocate funding to install EV Charging Infrastructure at Holbrook-Palmer Park through Peninsula Clean Energy’s EV Ready Program 
Description: 

This item is to discuss a funding request for the installation of EV Chargers at Holbrook Palmer Park through Peninsula Clean Energy’s EV Ready Program. 


 
10.
APPROVAL OF PLAYSTRUCTURE REPAIRS AT HOLBROOK-PALMER PARK PLAYGROUND
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council authorize funding in the amount of $65,045.25 for the purchase of materials and repair of the play structure at the Park; and authorize the City Manager to contract with Community Playgrounds for the repair work.
Description: This item involves discussion and direction regarding repair and refurbishment of a playground structure in the park. 

 
11.
AWARD OF CONTRACT FOR THE ATHERTON RAIL STATION REHABILITATION PROJECT, PROJECT NUMBER 56285
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council Award the construction contract for Atherton Rail Station Rehabilitation Project, Project Number 56085 to the lowest responsive bidder, Castillo Plumbing, Inc. of Hayward for $302,000 (Base Bid Only) and authorize funding for change orders up to $30,000; direct the City Attorney to prepare the contract; and authorize the City Manager to execute the contract on behalf of the Town.
Description: This item involves discussion and approval by the Council of a construction project to restore the Atherton Train Station consistent with the recommendaiton for a Train History Museum.

 
12.
AUTHORIZATION TO USE FY 2022/23 TOWN LIBRARY FUNDS TO SUPPORT PRODUCTION OF TWO ATHERTON HISTORY VIDEOS
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: Authorize the City Manager to use FY 2022/23 Town Library Funds in support of the production of two (2) Atherton History Videos.
Description: This item involves authorization for the City Manager to use FY 2022/23 Library Funds for the production of two Town history videos. 

 
COUNCIL REPORTS/COMMENTS
 
FUTURE AGENDA ITEMS
 
PUBLIC COMMENTS
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.