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      AGENDA
        Town of Atherton
      City Council
      May 18, 2022

                                                  CLOSED SESSION @ 5:00 P.M.                                             

     REGULAR AGENDA @  6:00 P.M.

                                    This is meeting is held virtually and in-person at the Council Chambers 80 Fair Oaks Lane Atherton, CA 94027

This is meeting is held virtually and in-person at the Council Chambers located on 80 Fair Oaks Lane Atherton, CA 94027.

This meeting is being held via teleconference pursuant to Government Code section 54953(e) and in compliance with the Brown Act. Section 54953(e) 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. The public may participate in the City Council Meeting via Zoom Meeting or by attending in-person in the Council Chambers at 80 Fair Oaks Lane Atherton, CA 94027.

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.

5:00 P.M. CLOSED SESSION

CLOSED SESSION IN ADMINISTRATIVE CONFERENCE ROOM 1011

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

PUBLIC COMMENTS - Public Announcement of Closed Session Items

             A.    PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957

           Title: City Attorney

            B.    PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957

              Title: City Manager       

6:00 P.M. REGULAR AGENDA

1.    PLEDGE OF ALLEGIANCE

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

3.    PRESENTATION –

•    Mental Health Awareness Month

4.    PUBLIC COMMENTS – Public comments can be made by teleconference 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.    REPORT OUT OF CLOSED SESSION by City Attorney, Mona Ebrahimi

6.    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 7 - 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.)

7.    APPROVAL OF BILLS AND CLAIMS FOR APRIL 2022 IN THE AMOUNT OF  $ 7,114,054.

    Report: Finance Director, Robert Barron III

    Recommendation: Approve Bills and Claims for April 2022 in the amount of $ 7,114,054.

8.    APPROVAL OF MINUTES

    Report: City Clerk, Anthony Suber

    Recommendation: Approve minutes from April 14 Special Meeting and Special Joint Meeting, April 20, and April 26, 2022.

9.    RECEIVE AND FILE THE 2022 CITY COUNCIL GOALS REPORT

    Report: City Manager, George Rodericks

    Recommendation: It is recommended that the Council receive and file the 2022 City Council Goals Report.

10.    SECOND READING AND ADOPTION OF A MUNICIPAL CODE AMENDMENTS ESTABLISHING REGULATIONS FOR “HISTORIC BUILDING PRESERVATION” UNDER CHAPTER 8.15 OF THE ATHERTON MUNICIPAL CODE.  

    Report: Principal Planner, AICP, Stephanie B. Davis

    Recommendation: Staff recommends that the City Council conduct the public hearing and adopt Municipal Code amendments to establish regulations for historic building preservation under Chapter 8.15 to be titled “Historic Building 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 regulations pertaining to protection and preservation of historical buildings which  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.”

11.    ACCEPTANCE OF TREASURER’S REPORT FOR THE THIRD QUARTER ENDED MARCH 31, 2022

    Report: Finance Director, Robert Barron III

    Recommendation: Accept the Treasurer’s Report for the third Quarter Ended March 31, 2022.

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.    AWARD OF CONTRACT FOR THE 2022 SLURRY SEAL PROJECT, PROJECT NUMBER 56101

    Report: Public Works Director, Robert Ovadia

    Recommendation: Award the construction contract for 2022 Slurry Seal Project, Project Number 56101 to the lowest responsive bidder, Graham Contractors of San Jose for 

    $173,970 and authorize change orders up to $20,000; direct the City Attorney to prepare the contract; and authorize the City Manager to execute the contract on behalf of the Town.

14.    ADOPT A RESOLUTION APPROVING A PROJECT LIST FOR THE ROAD MAINTENANCE AND REHABILITATION ACT OF 2017 (SB1)

    Report: Public Works Director, Robert Ovadia

    Recommendation: Adopt a Resolution approving a project list for the Road Maintenance and Rehabilitation Act of 2017 (SB1) for fiscal year 2022-23.

REGULAR AGENDA (Items 15 – 16)

15.    APPROVE THE PARK AND RECREATION OUTDOOR FACILITIES MEMORIAL AND DONATION POLICY FOR HOLBROOK-PALMER PARK

    Report: Public Works Director, Robert Ovadia

    Recommendation: Approve the Park and Recreation Outdoor Facilities Memorial and Donation Policy for Holbrook Palmer Park.  

    Description: This item involves the discussion and potential approval of a policy related to memorial and other donations for outdoor facilities at Holbrook-Palmer Park.

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

    Report: Town Planner, Lisa Costa Sanders

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

    Description: This item involves the discussion of Housing Element updates. Council may provide direction to staff on strategies to achieve compliance with the RHNA allocation.

17.    COUNCIL REPORTS/COMMENTS     

18.    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. 

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)