AGENDA
Town of Atherton
City Council
SEPTEMBER 21,2022
REGULAR MEETING
6:00 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:
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Meeting ID: 506 897 786
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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.
5:30 P.M. CLOSED SESSION
ROLL CALL – Polito, HawkinsManuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia PUBLIC COMMENTS – Limited to Closed Session
CLOSED SESSION IN ADMINISTRATIVE CONFERENCE ROOM ZOOM
Town of Atherton City Council Regular Meeting Agenda – September 21, 2022
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
ROLL CALL – Polito, HawkinsManuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia PUBLIC COMMENTS – Limited to Closed Session
CLOSED SESSION IN ADMINISTRATIVE CONFERENCE ROOM ZOOM
A. CONFERENCE WITH LABOR NEGOTIATOR – Labor negotiations pursuant to Government Code Section 54957.6
Agency Negotiators: George Rodericks, City Manager
Employee Organization: Unrepresented Employees, Atherton Police Officers’ Association CLOSED SESSION REPORT by City Attorney, Mona Ebrahimi
6:00 P.M. REGULAR MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL Polito, HawkinsManuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia PUBLIC COMMENTS – Public Comments can be teleconferenced 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 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.)
PRESENTATIONS
1. OATH SWEARIN SERGEANT TAYLOR
2. SUICIDE PREVENTION PROCLAMATION
3. INTRODUCTION OF GOOD CITY CO. HOUSING ELEMENT TEAM
CITY MANAGER'S WRITTEN REPORT
Discussion: The City Manager’s Report is a linked item that 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.
Link to September 2022 Department Monthly Reports
CONSENT CALENDAR (Items 4 – 9)
4APPROVALOFBILLSANDCLAIMSFORJULY2022INTHEAMOUNTOF
Town of Atherton City Council Regular Meeting Agenda – September 21, 2022
CITY MANAGER'S WRITTEN REPORT
Discussion: The City Manager’s Report is a linked item that 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.
Link to September 2022 Department Monthly Reports
CONSENT CALENDAR (Items 4 – 9)
4. APPROVAL OF BILLS AND CLAIMS FOR JULY 2022 IN THE AMOUNT OF $3,336,861 AND AUGUST 2022 IN THE AMOUNT OF $2,254,058
Report: Finance Director, Robert Barron III
Recommendation: Approve Bills and Claims for July 2022 in the amount of $3,336,861 and August 2022 in the amount of $2,254,058.
Description: This is the monthly bills and claims report for Council review and approval.
5. APPROVAL OF MINUTES
Report: City Clerk, Anthony Suber
Recommendation: Approve minutes for July 20, July 27, and September 6 City Council Meetings.
Description: This item involves the City Council approving the meeting minutes from previous meetings.
6. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE 2022 SLURRY SEAL PROJECT, PROJECT NUMBER 56101
Report: Public Works Director, Robert Ovadia
Recommendation: Accept work and authorize recording of a Notice of Completion for the 2022 Slurry Seal Project, Number 56101.
Description: This item is acceptance of work for the most recent Slurry Seal Project.
7. ADOPTION OF RESOLUTION ACCEPTING EXPENDITURES FOR BALANCE OF FISCAL YEAR 20212022 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF), CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) GRANT Report: Chief of Police, Steve McCulley
Recommendation: Adopt the attached resolution accepting the recommended expenditures of the remaining balance of FY 20222023 Supplemental Law Enforcement Services Fund (SLESF), Citizen’s Option for Public Safety (COPS) Grant in the amount of $100,000 in accordance with California state requirements.
Description: This item is approval by the Council of the use of the COPS Grant funding.
8. CONSIDERATION OF RESOLUTION RATIFYING PROCLAMATION OF A STATE OF EMERGENCY IN THE TOWN AND AUTHORIZING TELECONFERENCE MEETINGS OF TOWN LEGISLATIVE BODIES PURSUANT TO THE BROWN ACT GOVERNMENT CODE SECTION 54953(E)
Report: City Attorney, Mona Ebrahimi
Recommendation: It is recommended that the Town Council adopt the attached Resolution No. 22XX, finding a proclamation of the state of emergency to apply within the Town, conditions of which pose an imminent threat to the health and safety to attendees of inperson public meetings, Town of Atherton City Council Regular Meeting Agenda – September 21, 2022
California state requirements.
Description: This item is approval by the Council of the use of the COPS Grant funding.
8. CONSIDERATION OF RESOLUTION RATIFYING PROCLAMATION OF A STATE OF EMERGENCY IN THE TOWN AND AUTHORIZING TELECONFERENCE MEETINGS OF TOWN LEGISLATIVE BODIES PURSUANT TO THE BROWN ACT GOVERNMENT CODE SECTION 54953(E)
Report: City Attorney, Mona Ebrahimi
Recommendation: It is recommended that the Town Council adopt the attached Resolution No. 22XX, finding a proclamation of the state of emergency to apply within the Town, conditions of which pose an imminent threat to the health and safety to attendees of inperson public meetings, and authorizing teleconference meetings of Town legislative bodies pursuant to Government Code section 54953(e).
Description: This item will involve the Council discussion and approval for a Resolution to allow for teleconferencing meetings under AB 361
9. ACCEPTANCE OF TREASURER’S REPORT FOR THE FOURTH QUARTER ENDED JUNE 30, 2022
Report: Finance Director, Robert Barron III
Recommendation: Accept the Treasurer’s Report for the fourth Quarter Ended June 30, 2022.
Description: This item involves Council review and discussion of the quarterly Treasurer’s Report.
PUBLIC HEARING (Items 10 – 10)
10. 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: Town Planner, Sung Kwon
Recommendation: It is recommended that the City Council conduct the continued 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 for the reasons stated below.
To grant a variance, the Town must answer the following findings in the affirmative:
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 selfcreated 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. The property is not located on a hillside, is not comprised of any irregular shaped lot, and does not have any other unique topographic features.
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 Town of Atherton City Council Regular Meeting Agenda – September 21, 2022
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 selfcreated 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. The property is not located on a hillside, is not comprised of any irregular shaped lot, and does not have any other unique topographic features.
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. If granted, the fence would exceed the Town's fence height limits, which could be considered a special privilege granted to 25 Isabella.
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: On balance, staff does not believe this finding can be met. While the proximate public may be inconvenienced by noise and other impacts if the nonconforming wall is required to be brought into compliance with Town standards, that impact is outweighed by the greater impact to 15 Isabella and the public generally. This is because the asbuilt fence/wall 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 asbuilt condition of the fence/wall exceeds the Town’s height limitations.
Description: This item involves a Public Hearing for land use entitlements at 25 Isabella.
The Council will discuss the merits of the Variance request and make a determination based on required findings.
REGULAR AGENDA (Items 11 – 12)
11. RAIL COMMITTEE DESIGNATION
Report: Public Works Director, Robert Ovadia
Recommendation: It is recommended that the Council review and discuss the designation and status of the Town’s Rail Committee and provide staff with direction.
Description: The item will involve a Council discussion to transition the Rail Committee from a formal Town Committee to an independent committee supported by the Town.
12. APPROVE THE CREATION OF THE PUBLIC WORKS MAINTENANCE MANAGER AND ASSOCIATE ENGINEER POSITIONS AND ESTABLISH SALARY RANGES FOR SAID POSITIONS
Report: Public Works Director, Robert Ovadia
Recommendation:ItisrecommendedthattheCityCounciladopttheattachedresolution Town of Atherton City Council Regular Meeting Agenda – September 21, 2022
11. RAIL COMMITTEE DESIGNATION
Report: Public Works Director, Robert Ovadia
Recommendation: It is recommended that the Council review and discuss the designation and status of the Town’s Rail Committee and provide staff with direction.
Description: The item will involve a Council discussion to transition the Rail Committee from a formal Town Committee to an independent committee supported by the Town.
12. APPROVE THE CREATION OF THE PUBLIC WORKS MAINTENANCE MANAGER AND ASSOCIATE ENGINEER POSITIONS AND ESTABLISH SALARY RANGES FOR SAID POSITIONS
Report: Public Works Director, Robert Ovadia
Recommendation: It is recommended that the City Council adopt the attached resolution approving the new job classifications of Public Works Maintenance Manager and Associate Engineer and set the respective salary ranges for both positions.
Description: This item involves a discussion and direction on organizational changes as recommended by the City Manager for the Public Works Department.
COUNCIL REPORTS/COMMENTS
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) 7520500. 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 COVID19 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 callin line or internetbased 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 callin line and/or internetbased 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 inperson.
Town of Atherton City Council Regular Meeting Agenda – September 21, 2022
TELECONFERENCING AND COVID19 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 callin line or internetbased 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 callin line and/or internetbased 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 inperson.
The Governor proclaimed a state of emergency due to the COVID19 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.
Town of Atherton City Council Regular Meeting Agenda – September 21, 2022