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.    PRESENTATION -

•    Proclamation for the Retirement of Atherton Police Detective Sergeant, Anthony Kockler

•    Proclamation for the Atherton Public Safety Communications Personnel

4.    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.)

5.    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 6 - 12)        

(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.)

6.    APPROVAL OF BILLS AND CLAIMS FOR FEBRUARY 2022 IN THE AMOUNT OF   $ 1,535,792

    Report: Finance Director, Robert Barron III

    Recommendation: Approve Bills and Claims for February 2022 in the amount of $ 1,535,792.

7.    APPROVAL OF MINUTES

    Report: City Clerk, Anthony Suber

    Recommendation: Approve minutes from February 16, February 24, and March 2, 2022.

8.    RESOLUTION AUTHORIZING THE DESTRUCTION OF RECORDS PURSUANT TO GOVERNMENT CODE SECTION 34090

    Report: Chief of Police, Steve McCulley

    Recommendation: Adopt the attached Resolution authorizing the destruction of certain records pursuant to Government Code Section 34090.

    Description: This item involves City Council review of files that are ready for destruction under the Town's Document Retention Policy and subject to Government Code Section 34090.  The documents are as follows: 1 Citizen complaint investigations that exceed the 5-year standard to maintain, IA logs from 1996-2015, CC Complaint Logs from 1994-2015, and 2019 Citations.  The last has a 2-year standard for maintenance.

9.    COST SHARING AGREEMENT WITH SAN MATEO COUNTY FOR ENCINA AVENUE ROADWAY IMPROVEMENTS

    Report: Public Works Director, Robert Ovadia

    Recommendation: The City Council approve a cost sharing agreement with San Mateo County in an amount not to exceed $60,000 for the repaving and installation of green infrastructure and drainage improvements on Encina Avenue. 

    Description: This item involves discussion by the Council of the approval of a cost sharing agreement with San Mateo County for the Encina Avenue Roadway Improvements project.

10.    ADOPTION 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 adopt 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 is the final reading and adoption 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)

11.    2021 ANNUAL REPORT TO THE CITY COUNCIL ON THE ATHERTON GENERAL PLAN IMPLEMENTATION

    Report: Town Planner, Lisa Costa Sanders & Planning Consultant, Neal Martin

    Recommendation: Accept the Annual Report and authorize its transmittal to the California Governor’s Office of Planning and Research and the California Department of Housing and Community Development pursuant to Section 65400 of the California Government Code (CGC).

    Description: This item will involve a discussion by the Council on the Town’s progress in meeting its Housing production objectives.  The Council will discuss the General Plan Update adopted on January 15, 2020 and will discuss the General Plan’s compliance with State Guidelines.  Ultimately, staff is recommending that the Council accept the report and authorize its transmittal to the State agencies.

12.    AWARD OF CONTRACT FOR THE 2022 OVERLAY PROJECT, PROJECT NUMBER 56100

    Report: Public Works Director, Robert Ovadia

    Recommendation: Award the construction contract for 2022 Overlay Project, project number 56100 to the lowest responsive bidder, ASG Builders of Mountain View for $444,808 and authorize change orders up to $40,000; 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 the discussion of bids received and award of a construction contract for the 2022 street overlay project to ASG Builders of Mountain View in the amount of $ $444,808 and authorize change orders up to $40,000 for the project.

PUBLIC HEARING (Items 13 – 14)

13.    INTRODUCTION OF AN ORDINANCE TO REPEAL AND REPLACE CHAPTER 8.14 “HISTORICAL ARTIFACTS” OF THE ATHERTON MUNICIPAL CODE (AMC) AND RETITLE TO “HISTORIC PRESERVATION”   

    Report: City Manager, George Rodericks

    Recommendation: Staff recommends that the City Council conduct the public hearing and introduce Ordinance amendments to repeal and replace Atherton Municipal Code (AMC) Chapter 8.14 “Historical Artifacts” and retitle to “Historic Preservation” 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 create a comprehensive Historical Preservation Ordinance proposed to address the Open Space and Conservation (OSC) Policy 4.1 of the General Plan to “Encourage the preservation of both private and public historical resources and artifacts for the benefit of future generations” as well as supporting implementation of Goal OSC-4 of the General Plan to, “Protect both publicly and privately held cultural resources from deterioration and/or destruction.”

    Description: This item will involve a Council discussion and potential approval and introduction of an Ordinance to repeal and replace Atherton Municipal Code (AMC) Chapter 8.14 “Historical Artifacts” and retitle to “Historic Preservation” which would combine existing regulations pertaining to historical artifacts and add new regulations pertaining to historic buildings.  If approved this will return for adoption at the April 2022 Council meeting.

14.    INTRODUCTION OF AN ORDINANCE REPEALING CHAPTER 8.56 OF THE ATHERTON MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 8.56 REGULATING DISPOSABLE FOOD SERVICE WARE BY FOOD FACILITIES TO ALIGN WITH NEW STATE LAWS

    Report: City Manager, George Rodericks

    Recommendation: Introduce Ordinance and read by Title only, repealing a Municipal Code Ordinance regulating Disposable Food Service Ware under Chapter 8.56 of the Atherton Municipal Code.

    Description: This item is seeking Council feedback and approval repealing Chapter 8.56 of the Atherton Municipal Code and consider adopting chapter 8.56 regulating disposable food service ware. If approved for an introduction this will return in April 2022 for council approval and adoption.

REGULAR AGENDA (Items 15 – 20)

15.       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. 

    3)    Provide staff with direction regarding Hybrid Meetings for the Council, Commission,    and Committees.

    Description: This item involves Council discussion and approval to certify the continuance of the emergency and ratify the rules enacted by the Director of Emergency services in response to COVID-19.

16.    APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH GARAVAGLIA ARCHITECTURE, INC. FOR THE ATHERTON RAIL STATION REMODEL PROJECT

    Report: Public Works Director, Robert Ovadia

    Recommendation: The City Council approve a professional Services agreement with Garavaglia Architecture, Inc. in the amount of $107,303 for design services related to the remodel of the Atherton Rail Station building and area; authorize the City Attorney to prepare the agreement; and authorize the City Manager to sign the agreement. 

    Description: This item involves discussion by the Council of the approval of a professional services agreement with Garavaglia Architecture, Inc. of San Francisco for the design of the Atherton Rail Station Remodel Project.

17.       DISCUSS HOUSING ELEMENT UPDATE STRATEGIES AND PROVIDE DIRECTION TO STAFF

    Report: City Manager, George Rodericks

    Recommendation: Provide direction to staff on Housing Element Update strategies to achieve the regional housing needs allocation requirement.

    Description: This item involves Council discussion and direction on strategies to achieve compliance with the RHNA allocation and Housing Element update. 

18.     JOINT MEETING AGENDA TOPIC DISCUSSION

    Report: City Manager, George Rodericks

    Recommendation: Review, Discuss and provide feedback to the Fire District Liaison.

19.    COUNCIL REPORTS/COMMENTS

20.    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.