AGENDA PACKET
Town of Atherton
City Council
SEPTEMBER 06,2022
STUDY SESSION MEETING
4:00 PM.
This meeting is being held virtually and inperson
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) (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. The meeting will be held by tele or video conferencing.
The public may participate via: Zoom Meeting.
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/localtv/watchnow/ Join Zoom Meeting:
One tap mobile
16699006833,,506897786# US (San Jose)
Dial by your location
1 669 900 6833 US (San Jose)
Meeting ID: 506 897 786
Weblink:
https://zoom.us/j/506897786
Remote Public Comments:
Meeting participants are encouraged to submit
public comments in writing in advance of the
meeting. The following email and text line will be
monitored during the meeting and public comments
received will be read into the record.
Email: [email protected]
Text: 6506877084
This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
ROLL CALL – Polito, HawkinsManuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia PUBLIC COMMENT
Specific for Special Meetings and Study Sessions
Public comments can be made by teleconference or emailed directly to the City Clerk, AthSbtb@itht
Town of Atherton Study Session Agenda - September 6, 2022
This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
ROLL CALL – Polito, HawkinsManuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia PUBLIC COMMENT
Specific for Special Meetings and Study Sessions
Public comments can be made by teleconference or emailed directly to the City Clerk, Anthony Suber at [email protected]
(This portion of the meeting is reserved for persons wishing to address the Council on any item on the Special Meeting Agenda; no other business shall be considered. Each speaker may address the Council once for a limit of three minutes.)
STUDY SESSION
1. COUNCIL DISCUSSION OF PRIORITIES AND NEXT STEPS – HOUSING
ELEMENT
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: Council to discuss individual priorities and perspectives around the Draft Housing Element and Next Steps. No action to be taken.
Description: This is a discussion item for the Council and an opportunity for the Council to discuss individual priorities for the Draft Housing Element.
2. CONSIDERATION OF CREATION OF A CITY COUNCIL STANDING COMMITTEE AND A RESIDENT COMMITTEE FOR HOUSING PROGRAMS &
CONSTRUCTION MITIGATION
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council consider the creation of a City Council Standing Committee and an associated Resident Committee for Housing Programs & Construction Impact Mitigation and provide staff with specific direction regarding their formation and charter.
Description: This item is a discussion by the Council considering the creation of a Councilappointed resident committee to assist with the outreach and education, as well as, the program development process around the housing element. The Council will provide staff with specific directions on how to proceed.
COUNCIL REPORTS/COMMENTS
ADJOURN
Town of Atherton Study Session Agenda - September 6, 2022
Public comments can be made by teleconference or emailed directly to the City Clerk, Anthony Suber at [email protected]
(This portion of the meeting is reserved for persons wishing to address the Council on any item on the Special Meeting Agenda; no other business shall be considered. Each speaker may address the Council once for a limit of three minutes.)
Town of Atherton Study Session Agenda - September 6, 2022
Item No. 1
Town of Atherton
CITY COUNCIL STAFF REPORT – STUDY SESSION
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: SEPTEMBER 6, 2022
SUBJECT: COUNCIL DISCUSSION OF PRIORITIES AND NEXT STEPS –
HOUSING ELEMENT
RECOMMENDATION
Council to discuss individual priorities and perspectives around the Draft Housing Element and Next Steps. No action to be taken.
BACKGROUND
This item is an Agenda item that allows for a free-flowing conversation amongst the City Council regarding individual priorities and perspectives around the Draft Housing Element and next steps for the Town.
ANALYSIS
After several public meetings and review, the Draft Housing Element was authorized for release to State HCD on July 27 and was submitted on August 2, 2022. HCD will provide formal feedback to the Town regarding the Draft Housing Element around October 31, 2022. However, we anticipate preliminary feedback October 1, 2022.
Once HCD provides feedback, the Town will need to review the feedback and make any potential revisions to the Draft Housing Element over the following 60-90 days. The Housing Element must be re-submitted to the State no later than the statutory deadline set by HCD of January 31, 2023.
FISCAL IMPACT
None.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
Town of Atherton Study Session Agenda - September 6, 2022
City Council Housing Element Priorities Discussion
September 6, 2022
• Goal Area E – Strengthen Community Engagement and Transparency • Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned
POLICY FOCUS
The Town is required to update and receive certification of its Housing Element every 8 years consistent with a Regional Housing Needs Allocation (RHNA) process. Failure to obtain a certified Housing Element by the statutory deadline set by State HCD can result in penalties and an accelerated timeline for housing and land use compliance actions.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
Draft Housing Element – https://www.ci.atherton.ca.us/DocumentCenter/View/10638/AthertonHousing-Element-Draft-to-HCD-8_2_2022 Town of Atherton Study Session Agenda - September 6, 2022
Item No. 2
Town of Atherton
CITY COUNCIL STAFF REPORT – ACTION ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: SEPTEMBER 6, 2022
SUBJECT: CONSIDERATION OF CREATION OF A CITY COUNCIL
STANDING COMMITTEE AND RESIDENT COMMITTEE FOR
HOUSING PROGRAMS & CONSTRUCTION IMPACT
MITIGATION
RECOMMENDATION
It is recommended that the Council consider the creation of a City Council Standing Committee and an associated Resident Committee for Housing Programs & Construction Impact Mitigation and provide staff with specific direction regarding their formation and charter.
BACKGROUND
With the completion of the preliminary Draft Housing Element, a number of programs, ordinances, and outreach/engagement efforts were suggested that will necessitate further review and analysis as they are implemented. In addition, the Town anticipates feedback from State HCD regarding the preliminary Draft Housing Element submission that will likely require additional community outreach and engagement as well as the potential development of new programs in response to HCD comments prior to submission of the Final Housing Element in January 2023.
At the July 20 and July 27 City Council Meetings, the Mayor suggested that the Council discuss the formation of a City Council Standing Committee and an associated resident committee (made up of members appointed by the Council) that could assist with the public engagement and outreach prior to the submission of the Final Housing Element in January 2023. The committee would also assist in crafting the elements of an Accessory Dwelling Unit (ADU) Program that might garner community support. It is not intended nor recommended that the committee, if formed, participate in the implementation of any programs. Lastly, the Mayor suggested that the resident committee could also assist the Town in the evaluation of construction activity in Town and assist with the development of possible mitigation measures to address noise, timing, parking, and other issues.
This Staff Report provides a framework for that discussion and allows the Council to direct staff Town of Atherton Study Session Agenda - September 6, 2022
Creation of Council Standing Committee & Resident Committee September 6, 2022
4 5
with respect to formation of a resident committee, its charter, recruitment of members, and selection of a City Council Standing Committee.
ANALYSIS
Following feedback from State HCD on the Town’s Draft Housing Element, it is anticipated that in late September, staff and our consultant team (“the staff team”) will begin additional engagement with the community to address that feedback, discuss opportunities for revisions to the Draft Housing Element, and solicit feedback regarding the various programs outlined in the Draft Housing Element (such as ADU monitoring and rental programs). Should the Council desire, the staff team could be augmented in a number of ways. For example, the staff team could work directly with/through the full City Council, with an Ad Hoc Subcommittee of the City Council, or with a Council-appointed resident committee on select issues. There will be a wide array of issues on which the staff team will work independently but where community input via outreach and engagement is suggested, the staff team could be augmented by a group of the Council’s choosing. Staff envisions 3 to 4 public outreach and engagement meetings from September 2022 through January 2023. Should there be additional iterations of the Housing Element beyond January 2023, there may be additional public outreach and engagement meetings. Recruitment of residents for appointment by the City Council is anticipated to take approximately 1-2 months, appointments must occur at a City Council meeting, and appointees must receive Brown Act Training before they may serve.
Standing Committees, Council-appointed resident committees, and the full City Council are all Brown Act legislative bodies and the committees/members are subject to all such provisions.
These include but are not limited to, public agendas, participation, minutes, and notice, as well as, public communications, quorums, restrictions on non-public communications, and public records.
An Ad Hoc Subcommittee of the City Council is not considered a legislative body under the Brown Act. An Ad Hoc Committee of the City Council cannot simultaneously be an Ad Hoc Subcommittee and a Standing Committee. The characteristics of the Subcommittee under the Brown Act would resolve to the higher threshold of the Standing Committee. An Ad Hoc Subcommittee cannot meet with members of the public without being converted to a Standing Committee under the Brown Act. An Ad Hoc Subcommittee of the Council could meet with staff outside of any publicly noticed and agendized meeting. This is not possible with the full Council, a Standing Committee or a Council-appointed Resident Committee. However, the Councilappointed resident committee could create a non-quorum subcommittee to work with staff; however, the Standing Committee of the Council could not participate as it would create a public meeting.
Each of the preceding issues should be weighed against issues such as timing, availability, representation, and value-add.
If the Council were to create a Standing Committee, Council-appointed resident committee and/or Ad Hoc Subcommittee it is recommended that the Council also create a Charter for the body. The Council’s adopted Resolution Governing Town Committees would apply to any group created by the Council. Typically, Charters for these groups address the overall objective of the Committee and their role in the process. For example, the Council could stipulate the following or similar as Town of Atherton Study Session Agenda - September 6, 2022
Creation of Council Standing Committee & Resident Committee September 6, 2022
4 5
a Charter:
The Committee acts in an advisory capacity and makes recommendations to the City Council on issues related to the Town’s Draft Housing Element and shall have the following powers and duties:
1. Work with staff to study, develop and recommend programs and opportunities for affordable housing in Atherton in support of the Town’s Housing Element Regional Housing Needs Allocations.
2. Work with staff to study, develop and recommend programs and opportunities in support of the creation and use of accessory dwelling units in Atherton.
3. Work with staff to study, develop and recommend programs and opportunities for the development of housing on or near school campuses.
4. Work with staff to study, develop and recommend programs and opportunities to promote private efforts to conserve and improve Atherton’s existing housing supply.
Construction Mitigation
The Mayor suggested that the resident committee could also assist the Town in the evaluation of construction activity in Town and assist with the development of possible mitigation measures to address noise, timing, parking, and other issues. While staff believes that it could be worthwhile to gather community input in this regard as this is a continuing issue in the community, staff feels it may not be the best use of a resident committee designed to address the Housing Element priorities under the time constraints established.
Staff recommends that the Town step up its education (what the Town can and cannot do with respect to construction activity) and step up its enforcement (Building and Code Enforcement) and reconsider this particular issue following adoption of the Housing Element.
Summary and Actions
This evening, the Council should provide direction to staff with the following options:
1. Use the full City Council as the community outreach and engagement body;
2. Create an Ad Hoc Subcommittee of the City Council to work with staff and to participate in any staff-led community outreach and engagement; (can be combined with Option 1).
Staff-led community outreach and engagement would be publicly noticed meetings.
3. Create a Standing Committee of the City Council to participate in any Committee-led community outreach and engagement;
4. Create a Standing Committee and Council-Appointed Resident Committee to participate in any Committee-led outreach and engagement;
5. Other options as directed by the Council.
Option 1 and 2 can be combined. If the Council chooses Option 3 or 4, the Council should also craft a Charter for the Committee.
Town of Atherton Study Session Agenda - September 6, 2022
Creation of Council Standing Committee & Resident Committee September 6, 2022
4 5
Provide direction to staff with respect to the construction mitigation outreach, education, and enforcement efforts.
FISCAL IMPACT
None at this time. However, should a City Council Standing Committee and/or Council-appointed resident committee be created, there will be additional staff time and resources necessary to provide support to these groups. Standing Committees and Council-appointed resident committees must comply with all requirements of the Brown Act with respect to meetings, agendas, and minutes.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area E – Strengthen Community Engagement and Transparency • Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned
POLICY FOCUS
The City Council should weigh the pros and cons of the participation of a City Council Standing Committee, Council-appointed residenet committee and/or full City Council in future community engagement and outreach on the Housing Element.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
None.
Town of Atherton Study Session Agenda - September 6, 2022