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AGENDA
        Town of Atherton
      City Council
      June 15, 2022

                                                  CLOSED SESSION @ 5:30 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.

5:30 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 –

•    Swear-In Officer Bobby Magami

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  $ 1,895,271.

    Report: Finance Director, Robert Barron III

    Recommendation: Approve Bills and Claims for April 2022 in the amount of $ 1,895,271.

8.    APPROVAL OF MINUTES

    Report: City Clerk, Anthony Suber

    Recommendation: Approve minutes from May 4, 18, 24, and June 1, 2022. 

9.    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.

10.    ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE HOLBROOK-PALMER PARKING LOT LIGHTING REPLACEMENT PROJECT

    Report: Public Works Director, Robert Ovadia

    Recommendation: Accept work and authorize recording of a Notice of Completion for the Holbrook-Palmer Park Parking Lot Lighting Replacement Project, Number 56081.

PUBLIC HEARING (Items 11-15)

11.    DECLARATION OF EXEMPTION OF GOVERNMENT CODE SECTION 4902 REVIEW BY THE PLANNING COMMISSION FOR STREET-RELATED REAL PROPERTY ACQUISITIONS THAT ARE MINOR IN NATURE; AND VACATION OF A PORTION OF MADRONE ROAD

    Report: Public Works Director, Robert Ovadia

    Recommendation: Staff Recommends that the City Council (1) adopt the attached resolution declaring that provisions of California Government Code section 65402 shall not apply to minor street related acquisitions, dispositions, abandonments and alignments; and (2) conduct a Public Hearing and adopt the attached resolution vacating the street use of a portion of Madrone Road and retaining existing utility easement rights.

Description: This item involves the Council discussion and potential approval of the vacation of a portion of Madrone Road, approximately 165 feet. 

12.    APPEAL OF A PLANNING COMMISSION DECISION TO DENY A VARIANCE TO ALLOW FOR A FENCE/WALL TO EXCEED SIX FEET IN HEIGHT AND TO ALLOW FOR A RETAINING WALL TO BE LOCATED LESS THAN FIVE FEET FROM THE PROPERTY LINE AT 25 ISABELLA DRIVE.

    Report: Principal Planner, Stephanie B. Davis, AICP & Deputy City Attorney, Andreas Booher

    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 the Variance application at 25 Isabella Drive to allow a fence to exceed six (6) feet in height and a retaining wall to be located less than five (5) feet from a property line based on the findings outlined below.

            1.    There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, where the strict application of the Zoning Title deprives such property of privileges enjoyed by other property owners in the vicinity and under identical land use zoning district classification. 

    Basis for finding: Staff does not believe that this finding can be met. A variance is intended to address a hardship that results from unique or special conditions of the property and that were not self-created physical improvements to the site. The existing topographic conditions that result in the current different fence/wall height between 15 and 25 Isabella Avenue are not inherent to the lot and were artificially created.  

            2.    Granting the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. 

    Basis for finding: Staff does not believe that this finding can be met as the granting of a Variance at this property could be considered the granting of a special privilege inconsistent with the limitations placed upon other properties in the vicinity. Other properties in the vicinity have constructed fences between their adjacent neighbors based on existing topographic conditions that were not artificially created. Issuing a variance for this request may be considered issuing an exception pertaining directly to the nature of the applicant’s request and individual circumstances related to the physical site improvements and created soil elevation changes, not upon the nature of the property itself before site improvements were made.

            3.    Granting the Variance will not adversely affect the interest of the public or the interest of the residents and property owners in the vicinity of the premise in question. 

Basis for finding: Staff does not believe this finding can be met.  The as-built fence/wall may adversely affect the interest of the general public or residents in the vicinity, as it creates an inconsistent height situation with adjacent properties and is not consistent with development standards in the vicinity.  

             4.    The granting of the Variance is consistent with the objectives of the General Plan and the Zoning Code. 

 Basis for finding: Staff does not believe this finding can be met, as the General Plan and Zoning Ordinance specify it is intended for the orderly use of land, for the provision of adequate light and air, and to promote the public health, safety, and general welfare.  The as-built condition of the fence/wall exceeds the Town’s height limitations.

    Description: This item involves Council discussion and decision on an appeal application as to whether to uphold or reverse a prior Planning Commission decision which denied a Variance request to allow for an as-built fence/wall to be greater than 6 feet in height and an associated retaining wall to be located less than 5 feet from a property line.  

13.    INTRODUCTION OF ORDINANCE AMENDMENTS TO CHAPTER 17.50 “LANDSCAPE SCREENING” OF THE ATHERTON MUNICIPAL CODE (AMC).

    Report: Principal Planner, Stephanie B. Davis, AICP & Town Arborist, Sally Bentz-Dalton

    Recommendation: Staff recommends that the City Council conduct the public hearing and introduce Ordinance amendments to Chapter 17.50 “Landscape Screening” of the Atherton Municipal Code (AMC) 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 enhance the existing Landscape Screening Ordinance proposed to address the Land Use Element Goal LU-1: “To preserve the Town’s character as a scenic, semi-rural, thickly-wooded residential area with abundant open space.”, Policy LU-1.8, “Maximize preservation of heritage trees and existing trees within a development site to the greatest degree feasible, consistent with the Heritage Tree Ordinance and Tree Preservation Standards and Specifications. Require new development to comply with the Town’s requirements for tree protection, removal, and replacement.” and Open Space and Conservation (OSC) Policy OSC-2.2: “Wherever possible, drought tolerant native species trees shall be used for new and replacement planting and be tolerant of seasonal water inundation were used in or adjacent to green infrastructure facilities.”

    Description: This item will involve a Council discussion and potential approval and introduction of amendments to Atherton Municipal Code (AMC) Chapter 17.50 “Landscape Screening”.  If approved this will return for adoption at the July 2022 Council meeting.

14.    INTRODUCTION AND 1ST READING OF AN ORDINANCE APPROVING A POLICY FOR THE USE AND ACQUISITION OF MILITARY EQUIPMENT AS REQUIRED BY ASSEMBLY BILL 481 LAW ENFORCEMENT AND STATE AGENCIES

    Report: Chief of Police, Steve McCulley

    Recommendation: Introduce for 1st Reading and Waive Future Reading of Ordinance No. ___, “military equipment use policy and approving the use, acquisition, collaboration, and seeking of funding for military equipment,” as required by California Government Code § 7071 (a)(1) per Assembly Bill (AB) 481.

    Description: This item will involve a Council discussion and introduction to an ordinance approving a policy for the use and acquisition of military equipment as required by Assembly Bill 481 Law Enforcement and State Agencies. 

15.    ADOPT THE ATTACHED RESOLUTIONS ADOPTING THE FY 2022/23 OPERATIONS AND CAPITAL BUDGET, SALARY & BENEFIT RESOLUTION FOR UNREPRESENTED STAFF, 2022/23 SALARY AND CLASSIFICATION SCHEDULE, GANN LIMIT APPROPRIATIONS AND ADOPT A FEE RESOLUTION AMENDING VARIOUS FEES AND CHARGES ON THE TOWN MASTER FEE SCHEDULE

    Report: Finance Director, Robert Barron III

    Recommendation: Adopt the accompanying Resolutions (adoption of all Resolutions may be done by one motion):

            1.    Resolution of the City Council of the Town of Atherton Adopting the Fiscal Year 2022-2023 Operating and Capital Improvement Program Budget;

            2.    Resolution of the City Council of the Town of Atherton Adopting Salaries and Benefits  for Unrepresented Staff;

            3.    Resolution of the City Council of the Town of Atherton Approving Fiscal Year 2022-2023 Salary Schedules and Classifications; and

            4.    Resolution of the City Council of the Town of Atherton Establishing the Appropriations Limit for Fiscal Year 2022-2023 Pursuant to Article XIII B of the California Constitution

            5.    Resolution of the City Council of the Town of Atherton adopting the attached fee resolution amending various fees and charges on the Town Master Fee Schedule.

•     FY 2022/23 BUDGET

    Description: This item involves a presentation by staff to adopt the proposed Operating and Capital Improvement budget for Fiscal Year 2022/2023, the salary and benefits for unrepresented staff, Salary and Classification Schedules. Council will discuss and provide feedback on the proposed operations and CIP budget, revenues, expenditures, capital projects, salary and benefits. There is a recommendation to the Council to adopt resolutions for FY 2022/2023 Operation and Capital Budget, FY 2022/2023 Salaries and Benefit Schedules, FY 2022/2023 Gann Limit Appropriations, and Amending Various fees and charges by labor CPI on the Town Master Fee Schedule.

REGULAR AGENDA (Items 16- 19)

16.    CONSIDERATION OF AND APPOINTMENTS TO VARIOUS TOWN COMMITTEES AND PLANNING COMMISSION

    Report: City Clerk, Anthony Suber

    Recommendation: Review the applicants for the Town Committees and Planning Commission and make appointments to fill vacant positions. 

            •    Appoint one (1) applicant to the Audit and Finance Committee to fill 4-Year terms expiring on June 30, 2026;

            •    Appoint two (2) applicants to the Bicycle and Pedestrian Committee to fill a mid-term vacancy expiring on June 30, 2023, and a 4-Year term expiring on June 30, 2026;

            •    Appoint three (3) applicants to the Environmental Programs Committee for a mid- term vacancy expiring on June 30, 2023, mid-term vacancy expiring on June 30, 2024, and a 4-Year term expiring on June 30, 2026;  

            •    Appoint three (3) applicants to the Parks and Recreation Committee. Two applicants to the regular seat for a 4-Year term expiring on June 30, 2026, and one applicant to the Foundation seat for a 2-Year term expiring on June 30, 2024;  

            •    Appoint one (1) applicant to the Planning Commission to fill a 4-Year term expiring on June 30, 2026; 

            •    Appoint one (1) applicant to the Rail Committee to fill a 4-Year term expiring on June 30, 2026; 

    •    Appoint one (1) applicant to the Transportation Committee to fill a 4-Year term    expiring on June 30, 2026.

17.    DISCUSS COMMUNITY FEEDBACK REGARDING HOUSING ELEMENT UPDATES

    Report: City Manager, George Rodericks

    Recommendation: No staff report, discussion only. 

18.    CITY MANAGER PERFORMANCE EVALUATION AND APPROVAL OF AMENDMENT TO CITY MANAGER EMPLOYMENT CONTRACT

    Report: City Attorney, Mona G. Ebrahimi

    Recommendation: Review the staff report and consider adoption of the attached amendment to the employment agreement between the Town of Atherton and George Rodericks.

19.      CITY ATTORNEY PERFORMANCE EVALUATION AND APPROVAL OF AMENDMENT TO LEGAL SERVICES AGREEMENT

    Report: City Manager, George Rodericks

    Recommendation: Review the staff report and consider adoption of the attached amendment to the Legal Services Agreement between the Town of Atherton and Kronick, Moskovitz, Tiedemann & Girard.

20.    COUNCIL REPORTS/COMMENTS 

21.    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)