Meeting
AGENDA
Town of Atherton
City Council
May 17, 2023
REGULAR MEETING 
6:00 PM
Council Chambers
80 Fair Oaks Lane
Atherton, CA 94027
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Meeting ID: 506 897 786
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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
  • MENTAL HEALTH AWARENESS MONTH 2023
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. 
DISCLOSURE OF EX PARTE COMMUNICATIONS – City Council Members should disclose any communications they have had on the agenda items at this time. 
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 Departmental Monthly Reports

 
REPORT OUT OF CLOSED SESSION
CONSENT AGENDA (Items 1 – 6)
 
1.
APPROVAL OF MINUTES
Report: ANTHONY SUBER, CITY CLERK 
RecommendationApprove minutes for April 19 and May 3, 2023. 
Description: This is a routine item for approval of the minutes from prior Council meetings. 

 
2.
APPROVAL OF BILLS AND CLAIMS FOR APRIL 2023 IN THE AMOUNT OF $1,563,462
Report: ROBERT BARRON III, FINANCE DIRECTOR 
Recommendation: Approve the bills and claims for April 2023 in the amount of $1,563,462
Description: This is a routine item to review the bills and claims from April 2023

 
3.
AUTHORIZE A MEMORANDUM OF UNDERSTANDING WITH COUNTY OF SAN MATEO TO JOIN A MULTIJURISDICTIONAL SAFETY ELEMENT PROJECT WITH THE MUNICIPALITIES OF ATHERTON, BELMONT, BURLINGAME, EAST PALO ALTO, HALF MOON BAY, SAN BRUNO, BRISBANE, AND PACIFICA AND SAN MATEO COUNTY AS AGENCY PARTICIPANTS AND AUTHORIZE THE CITY MANAGER TO APPROPRIATE $105,169 OF FUNDING FOR THE PROJECT
Report: SUNG H. KWON, TOWN PLANNER
Recommendation It is recommended that the City Council authorize the Memorandum of Understanding (MOU) between Town of Atherton and San Mateo County for participation in a Multi-Jurisdictional Safety Element Project from June 15, 2023 to June 15, 2026; direct the City Attorney to prepare and authorize the City manager to execute the MOU and issue payments per MOU.
Description: This request involves an Memorandum of Understanding (MOU) and payments per MOU for the Multi-Jurisdictional Safety Element.

 
4.
RECEIVE AND FILE THE 2023 CITY COUNCIL GOALS WORKSHOP REPORT
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council receive and file the 2023 City Council Goals Workshop Report.
Description: This item involves a receive and file of the 2023 Goals Workshop Report held by the Council on April 20, 2023.

 
5.
ADOPTION OF RESOLUTION SETTING CITY COUNCIL MEETING START TIMES
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council Adopt the attached Resolution setting the start time for City Council meetings to 6 pm.
Description: This item involves the adoption of a Resolution to set the start time of regular meetings to 6 pm.

 
6.
2nd READING AND ADOPTION OF 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 accept for 2nd Reading and Adoption, an Ordinance amending Atherton Municipal Code Chapter 8.16 to Ban Gas Powered Leaf Blowers.
Description: This item involves approval of an Ordinance to ban the use of gas-powered leaf blowers beginning July 1, 2024.

 
PUBLIC HEARING (Items 7 – 7)
 
7.
WAIVE FIRST READING AND INTRODUCE BY TITLE ONLY, AN ORDINANCE REPLACING ATHERTON MUNICIPAL CODE CHAPTER 2.04 RELATED TO MEETING LOCATIONS FOR THE CITY COUNCIL
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council waive the first reading and introduce by title only, an Ordinance replacing Chapter 2.04 of the Atherton Municipal Code with an updated Chapter reflecting the new meeting location.
Description: This item involves the introduction of an Ordinance for 1st Reading to update the City Council’s meeting location

 
REGULAR AGENDA (Items 8 – 9)
 
8.
Consideration of Criteria for Housing Opportunity Site Selection.
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council review the revised Site Selection Criteria and, if appropriate, adopt as the criteria to be used by the City Council when considering opportunity sites for inclusion in the 2023-2031 6th Cycle Housing Element. 
Description: This item involves consideration of Housing Element Opportunity Site selection criteria. 

 
9.
RECEIVE SUMMARY OF THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT’S (HCD) RESPONSE TO THE TOWN OF ATHERTON’S 2023-2031 HOUSING ELEMENT AND A REPORT ON NEXT STEPS TO RECEIVE CERTIFICATION
Report: RecommendationIt is recommended that the City Council receive a summary of HCD’s comment letter on the Housing Element and a report on next steps to certify the Housing Element.
Description: Summary of response to HCD Letter and next steps.
CEQA
: This item is statutorily exempt from CEQA under Section 15262, Feasibility and Planning Studies.

 
COUNCIL REPORTS/COMMENTS
 
FUTURE AGENDA ITEMS
 
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.