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.  

For a live meeting broadcast you can watch the Council meeting on: Comcast Subscribers Channel 29 or via Midpen Media website here: https://midpenmedia.org/local-tv/watch-now/.  The public may participate via: Zoom Meeting.

This Agenda may not reflect the actual order of items.  The order of items is subject to change based on Council action.

REGULAR MEETING– Convene as the City Council

1.    PLEDGE OF ALLEGIANCE         

2.    ROLL CALL     -   Polito, Hawkins–Manuelian, Lewis, Vice Mayor Widmer. Mayor DeGolia

3.    PUBLIC COMMENTS – Public Comments can be teleconferenced or emailed directly to the City Clerk, Anthony Suber at asuber@ci.atherton.ca.us or by text at 650-687-7084

 (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.)

4.    CITY MANAGER’S WRITTEN REPORT

    Discussion: The City Manager’s Report includes written reports from the Town’s various Departments. Staff is present to answer any questions the Council may have on the various issues noted in the written Reports. The Council may ask questions and discuss any of the various items.

CONSENT CALENDAR (Items 5 - 14)        

(Consent Calendar items are routine in nature and are generally considered in one motion and adopted by a single vote of the City Council.  If discussion regarding a Consent Calendar item is desired, the member(s) of the City Council, public, and/or staff wishing to pull the item should so indicate at the time the Mayor calls for consideration of the Consent Calendar.)

5.    APPROVAL OF BILLS AND CLAIMS FOR JANUARY 2022 IN THE AMOUNT OF $ 3,932,174

    Report: Finance Director, Robert Barron III

    Recommendation: Approve Bills and Claims for January 2022 in the amount of $ 3,932,174.

6.    ADOPT THE ATTACHED BUDGET AMENDMENT RESOLUTION FOR THE FY 2021/22 BUDGET

    Report: Finance Director, Robert Barron III

    Recommendation: Adopt the attached Resolution authorizing a Budget Amendment for the FY 2021/22 Budget.

7.    ACCEPTANCE OF TREASURER’S REPORT FOR THE SECOND QUARTER ENDED DECEMBER 31, 2021

    Report: Finance Director, Robert Barron III

    Recommendation: Accept the Treasurer’s Report for the second Quarter Ended December 31, 2021.

8.    ACCEPT THE FISCAL YEAR 2020-21 AUDITED BASIC FINANCIAL STATEMENTS

    Report: Finance Director, Robert Barron III

    Recommendation: Accept the FY 2020-21 Audited Basic Financial Statements.

9.    APPROVAL OF MINUTES

    Report: City Clerk, Anthony Suber

    Recommendation: Approve minutes from January 12, 19, and February 2, 2022.

10.    FAIR OAKS LANE QUIET ZONE EXTENSION – NOTICE OF INTENT

    Report: Public Works Director, Robert Ovadia

    Recommendation: Authorize staff to issue a Notice of Intent to extend the existing Quiet Zone at Fair Oaks Lane through the Watkins Avenue rail crossing.

11.    ADOPTION OF A RESOLUTION REGARDING A NOTICE OF INTENT TO COMPLY WITH SB 1383 REGULATIONS

    Report: City Manager, George Rodericks

    Recommendation: Approve a resolution regarding a Notice of Intent to comply with SB 1383 regulations governing organic waste.

12.    CERTIFICATION OF CONTINUING EMERGENCY; MAKE SUCH FINDINGS AS REQUIRED UNDER GOVERNMENT CODE SECTION 54953(E)(3); AND RATIFY SUCH RULES AND REGULATIONS ENACTED BY THE DIRECTOR OF EMERGENCY SERVICES IN RESPONSE TO COVID-19

    Report: City Manager, George Rodericks

    Recommendation: It is recommended that the Council – 

1)    Certify the continuing emergency and ratify such rules and regulations enacted by the Director of Emergency Services in response to COVID-19; and

2)    Make such findings as required under Government Code Section 54953(e)(3) to meet remotely to ensure the continued health and safety of the public. 

13.    DONATION OF SPEED FEEDBACK SIGNS – GLENWOOD AVENUE

    Report: Public Works Director, Robert Ovadia

    Recommendation: Accept donation for the installation of speed feedback signs on Glenwood Avenue - $10,000.

14.    AWARD OF CONTRACT FOR THE OVERLAY OF THREE TENNIS COURTS AT HOLBROOK PALMER PARK

    Report: Public Works Director, Robert Ovadia

    Recommendation: Award a construction contract for Tennis Court Overlay at Holbrook-Palmer Park to the lowest responsive bidder, Saviano Company, Inc. of San Jose for $107,000.00 and authorize change orders up to 10%; direct the City Attorney to prepare the contract; and authorize the City Manager to execute the contract on behalf of the Town.

PUBLIC HEARING (Items 15 – 17)

15.    APPEAL OF A PLANNING COMMISSION DECISION TO DENY A HERITAGE TREE REMOVAL (HTR) PERMIT AT 1 ELM PLACE

    Report: City Manager, George Rodericks

    Recommendation: It is recommended that the City Council conduct the public hearing, deny the appeal, and uphold the decision of the Planning Commission to deny a heritage tree removal permit at 1 Elm Place to allow the removal of three heritage redwood trees.

    Description: This item is requesting that the Council consider an appeal of a Planning Commission decision which denied the request to remove three (3) heritage trees to accommodate future development of new main residence at the site.  

Public Comments: 

• Cherry Lorenzini
• Kindler, Noah
• Fradin, Susan

16.     INTRODUCTION OF AN ORDINANCE AMENDING ATHERTON MUNICIPAL CODE CHAPTER 8.16 “NOISE” PERTAINING TO GAS POWERED GARDEN EQUIPMENT

    REPORT: Deputy City Manager/City Clerk, Anthony Suber and Sustainability Coordinator, Douglas Kim

    Recommendation: Introduce Ordinance and read by Title only, amendments to Chapter 8.16 “Noise” of the Atherton Municipal Code (AMC), pertaining to gas powered garden equipment.

    Description: This item is seeking Council feedback and approval on Atherton Municipal Code amendments to Chapter 8.16 “Noise” related to gas powered garden equipment. If approved for an introduction this will return in March 2022 for council approval and adoption.

Public Comments:

• Conn, Emily, Environmental Programs Committee Chair 
• Attachment 3 - Poll Results - Revised
• McKeithen, Smith 
• Moses, John and Viola 
• Spieker, Ned
• Lorenzini, Cherry
• Crittenden, Howard
• Preuss Barbara
• Kelvie, Patrick
•  Flaherty, Carol
• Chuck, Thurber
• Axelrod, David

17.     INTRODUCTION OF AN ORDINANCE ESTABLISHING REGULATIONS AND OBJECTIVE STANDARDS FOR URBAN LOT SPLITS AND DEVELOPMENT PROJECTS SOUGHT PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7 (SENATE BILL 9)

    Report: City Manager, George Rodericks

    Recommendation: Staff recommends that the City Council conduct the public hearing and introduce the Ordinance establishing regulations and objective standards for urban lot splits and development projects sought pursuant to Government Code Sections 68852.21 and 66411.7 (Senate Bill 9) to the Zoning Code based on the following finding and for the reasons outlined in this report: 

1.    The proposed municipal code text amendments are consistent with the general plan goals, policies, and implementation programs. 

    Basis for finding: The proposed Municipal Code amendments allow the Town to implement the provisions of state law to the extent feasible, in keeping with the goals and policies of the General Plan. General Plan Land Use objective LU 1.1 “to establish a framework for determining the location and extent of land uses within the Town’s area of interest”, and LU-1.3 “to retain the quality of life, character existing in the Town’s residential neighborhoods.” 

    Description: This item will involve a Council discussion and potential approval of an Ordinance establishing regulations and standards for lot splits and development projects in response to Senate Bill 9. If approved this will return for adoption at the March 2022 Council meeting.

REGULAR AGENDA (Items 18 – 23)

18.    APPROVAL OF 2022 EARTH DAY EVENT WORK PLAN AND BUDGET AS RECOMMENDED BY THE ENVIRONMENTAL PROGRAMS COMMITTEE (EPC)

    Report: City Manager, George Rodericks

    Recommendation: It is recommended that the City Council review, provide comment, and approve the 2022 Earth Day Event Workplan and Budget as recommended by the Environmental Programs Committee (EPC). 

    Description: This item will involve Council discussion and approval of the Environmental Programs Committee proposed Earth Day 2022 events, budget, and work plan.

19.    ALL ELECTRIC REACH CODES ORDINANCE

    Report: Building Official, Mike Greenlee

    Recommendation: Review and consider the options of an All-Electric Required Reach Codes with exceptions as written.

    Description: This item will involve a Council discussion on All-Electric Reach Code options for building electrification and appliances, and electric vehicle infrastructure. Staff is seeking council feedback and input and this item may return in March 2022 as an introduction for municipal code amendments.  

• Exhibit C - 2019 Cost-effectiveness Study: Low-Rise Residential New Construction
• Exhibit D - 2019 Nonresidential New Construction-Reach Code Cost Effectiveness Study
• Exhibit E - 2020 Reach Code- Cost-effectiveness Analysis: Detached Accessory Dwelling Units
• Exhibit F - Electric Vehicle Infrastructure Cost Analysis

Public Comments:

• Miles, Stacy, Environmental Programs Committee Member
• Bailey, Diane 
• Morris, Stephanie 
• Battat, Kathy
• Naegel, Bruce
• Whitehair, Bob

20.       ATHERTON TOWN CENTER SOLAR ENERGY POWER PURCHASE AGREEMENT WITH PENINSULA CLEAN ENERGY

    Report: Public Works Director, Robert Ovadia

    Recommendation: Review and provide direction regarding the location of solar panels and canopies at the Town Center and; adopt a resolution authorizing the City Manager to deploy a Solar Photovoltaic System (Solar PV System) with optional battery storage at municipal facilities in partnership with Peninsula Clean Energy Authority (Peninsula Clean Energy) should the City Manager determine there are cost effectiveness or other community benefits as determined by the Town following participation in a collaborative procurement(s) led by Peninsula Clean Energy. 

Description: This item involves the discussion of potential photovoltaic installations at the Town Center and consideration of a contract with Peninsula Clean Energy for energy procurement. 

21.    REVIEW AND DISCUSS THE TOWN’S MASTER PLAN PROJECTS AND THE FINANCIAL PLANNING MODEL

    Report: City Manager, George Rodericks

    Recommendation: Review and Discuss the Town’s Master Plan Projects and Financial Planning Model.

    Description: The City Council will discuss the Town’s Capital Improvement Project priorities and how it relates to the Town’s Financial Planning Model. The Council will provide feedback to staff on project and funding priorities, to include funding long-term liabilities.

22.    COUNCIL REPORTS/COMMENTS

23.    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 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.