Agenda packet — Atherton City Council, January 18, 2023 (part 1 of 3)

AGENDA PACKET
Town of Atherton
City Council
JANUARY 18,2023
CLOSED SESSION – 5:00 P.M.

REGULAR MEETING – 6:00 P.M.

This meeting is being held virtually and inperson
Council Chambers
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.

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Meeting participants are encouraged to submit
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Email: [email protected]
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 IN ADMINISTRATIVE CONFERENCE ROOM 1011 A. CONFERENCE WITH LABOR NEGOTIATORS, Unrepresented Employees (Gov. Code section 54957.6.)
Agency designated representatives: George Rodericks, Anthony Suber, Mark Wilson Employee organization: Atherton Police Officers Association 6:00 P.M. REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL – Holland, DeGolia, Lewis, Vice Mayor HawkinsManuelian, Mayor Widmer 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 Town of Atherton City Council Regular Meeting Agenda Packet – January 18, 2023

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Employee organization: Atherton Police Officers Association 6:00 P.M. REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL – Holland, DeGolia, Lewis, Vice Mayor HawkinsManuelian, Mayor Widmer 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 – None
DEPARTMENTAL WRITTEN REPORTS
Discussion: The Departmental Reports include written reports from the Town’s various Departments.

Staff is present to answer any questions the Council may have on the multiple topics noted in the written reports. The Council may ask questions and discuss any of the various items.

Link to Departmental Monthly Reports
REPORT OUT OF CLOSED SESSION by City Attorney Ebrahimi
CONSENT AGENDA (Items 1 – 6)

1. APPROVAL OF BILLS AND CLAIMS FOR DECEMBER 2022 IN THE AMOUNT OF $2,051,605
Report: Robert Barron III, Finance Director
Recommendation: Approve Bills and Claims for December 2022 in the amount of $2,051,605.

Description: This is a routine report to review the bills and claims from December 2022.

2. APPROVAL OF MINUTES
Report: Anthony Suber, City Clerk
Recommendation: Approve minutes for December 21, 2022.

Description: This item involves Council approval the December 21, 2022 City Council Regular Meeting.

3. COUNCIL COMMITTEE ASSIGNMENTS
Report: George Rodericks, City Manager
Recommendation: It is recommended that the Council receive and file the Mayor’s City Council Committee Assignments.

Description: This item involves a receive and file of the Mayor’s Council Committee assignments for 2023.

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3. COUNCIL COMMITTEE ASSIGNMENTS
Report: George Rodericks, City Manager
Recommendation: It is recommended that the Council receive and file the Mayor’s City Council Committee Assignments.

Description: This item involves a receive and file of the Mayor’s Council Committee assignments for 2023.

4. 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: George Rodericks, City Manager
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 involves Council approval of a Resolution making certain findings to continue the COVID19 Emergency.

5. SECOND READING AND WAIVE FUTURE READINGS OF AN ORDINANCE AMENDING ATHERTON MUNICIPAL CODE CHAPTER 8.16 RELATED TO NOISE

CONTROL
Report: Steve McCulley, Chief of Police
Recommendation: Second reading and waive future readings of an Ordinance amending Atherton Municipal Code Chapter 8.16 related to Noise Control.

Description: This item involves Council adoption of the 2 reading and waive future readings of an Ordinance amending Atherton Municipal Code Chapter 8.16 related to Noise Control.

6. APPROVE THE SETTLEMENT AGREEMENT WITH S.J. AMOROSO
CONSTRUCTION, INC. FOR TOWN CENTER PROJECT CLOSEOUT
Report: George Rodericks, City Manager
Recommendation: Approve the attached Settlement Agreement with S.J. Amoroso Construction, Inc. (SJA) for the Town Center Project CloseOut.

Description: This item involves a close out of all change orders and claims regarding the Town Center Project. Once the Historic Council Chamber doors are installed, the Town will issue a Notice of Completion for the Project.

PUBLIC HEARING (Items 7 – 8)

7. INTRODUCTION FOR 1ST READING AND WAIVE FUTURE READINGS TO AMEND TITLE 9 OF THE ATHERTON MUNICIPAL CODE TO ADOPT CHAPTER

9.18 RELATED TO TARGETED RESIDENTIAL PICKETING
Report: Steve McCulley, Chief of Police
Recommendation: Introduce for 1st reading and waive future readings of an Ordinance of the Atherton Municipal Code Chapter 9.18 related to Targeted Residential Picketing.

Description: This item involves Council discussion and approval to introduce the 1 reading and waive future readings to amend Title 9 of the Atherton Municipal Code to adopt Chapter 9.18 related to targeted residential picketing. 8ADOPTIONOFANORDINANCETOAMENDCHAPTER1519OFTHE
nd
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7. INTRODUCTION FOR 1ST READING AND WAIVE FUTURE READINGS TO AMEND TITLE 9 OF THE ATHERTON MUNICIPAL CODE TO ADOPT CHAPTER

8. ADOPTION OF AN ORDINANCE TO AMEND CHAPTER 15.19 OF THE ATHERTON MUNICIPAL CODE BY AMENDING AND ADOPTING THE 2022 CALIFORNIA GREEN BUILDING CODE AND AN EV CHARGING AND ALL ELECTRIFICATION REACH CODES, WITH EXCEPTIONS
Report: Mike Greenlee, Building Official
Recommendation: City Council to consider Amending Chapter 15.19 of the newly adopted ordinance of the Atherton Municipal Code and by adopting the 2022 California Green Building Code and an EV Charging and All Electrification Reach Codes with exceptions. Direct the Building Official to file the amendments with State of California as required by law.

Description: This item involves Council discussion and the adoption of an ordinance to amend Chapter 15.19 of the Atherton Municipal Code by amending and adopting the 2022 California Green Building Code and an EV Charging and All Electrification Reach Codes, with exceptions.

REGULAR AGENDA (Items 9 – 12)

9. CONSIDERATION OF AN APPOINTMENT TO THE BICYCLE AND
PEDESTRIAN COMMITTEE
Report: Anthony Suber, Deputy City Manager/City Clerk
Recommendation: Review one applicant for two (2) vacant seats on the Bicycle and Pedestrian Committee and appoint them to the latest term expiring June 2026.

Description: This item will be a Council discussion to consider an appointment to the Bicycle and Pedestrian Committee.

10. APPROVAL OF PROPOSAL FROM THE AMERICAN GREEN ZONE ALLIANCE (AGZA) FOR A WORKSHOP FOR PROFESSIONALS TRANSITIONING TO BATTERY ELECTRIC LAND CARE EQUIPMENT AND OPERATIONS
Report: Rachael Londer, Management Analyst I
Recommendation: It is recommended that the Council review, provide comments, and approve the proposal for the American Green Zone Alliance (AGZA) Workshop as recommended by the Environmental Programs Committee (EPC).

Description: This item proposes that the Council discuss and decide on whether to allocate funds to host a workshop focused on helping landscapers and homeowners to make the transition to batteryelectric landscaping equipment as proposed by the Environmental Programs Committee.

11. APPROVAL OF 2023 EARTH DAY WORK PLAN AND BUDGET AS
RECOMMENDED BY THE ENVIRONMENTAL PROGRAMS COMMITTEE (EPC).

Report: Rachael Londer, Management Analyst II
Recommendation: It is recommended that the Council review, provide comment, and approve the 2023 Earth Day Event Work Plan and Budget as recommended by the Environmental PCitt(EPC)
st
Town of Atherton City Council Regular Meeting Agenda Packet – January 18, 2023

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Environmental Programs Committee (EPC).

11. APPROVAL OF 2023 EARTH DAY WORK PLAN AND BUDGET AS
RECOMMENDED BY THE ENVIRONMENTAL PROGRAMS COMMITTEE (EPC).

Description: This item presents a work plan for the 2023 Earth Day community event for Council to approve associated budget and activities.

12. REVISIONS TO THE DRAFT HOUSING ELEMENT IN RESPONSE TO HCD

COMMENT
Report: Lisa Costa Sanders, Consultant
Recommendation: Review the Revised Draft Housing Element and provide any minor edits to Staff.

Description: This item will involve a Council discussion and direction will be provided on the Draft Housing Element.

COUNCIL REPORTS/COMMENTS
FUTURE AGENDA ITEMS
PUBLIC 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 andallowareasonableamountoftimeduringpubliccommentforapersontoregisterloginand Town of Atherton City Council Regular Meeting Agenda Packet – January 18, 2023

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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 Packet – January 18, 2023

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2020 2021 2022
January $ 1,701,590 $ 3,047,204 $ 3,932,174
February $ 3,077,439 $ 2,965,501 $ 1,535,792
March $ 2,713,521 $ 2,730,084 $ 2,338,442
April $ 2,638,942 $ 3,330,434 $ 7,114,054
May $ 2,793,869 $ 3,953,961 $ 1,895,271
June $ 3,914,678 $ 3,812,881 $ 2,452,489
July $ 4,914,756 $ 5,455,268 $ 3,336,861
August $ 3,427,022 $ 2,741,619 $ 2,254,058
September $ 3,389,151 $ 3,269,368 $ 1,722,938
October $ 3,687,946 $ 2,278,127 $ 1,495,823
November $ 3,354,634 $ 2,752,017 $ 1,317,065
December $ 2,821,639 $ 1,859,218 $ 2,051,605
$ 38,435,187 $ 38,195,682 $ 31,446,572
Town of Atherton
3-Year Monthly Claims Table
January February March April May June July August September October November December 2020 $1,701,590 $3,077,439 $2,713,521 $2,638,942 $2,793,869 $3,914,678 $4,914,756 $3,427,022 $3,389,151 $3,687,946 $3,354,634 $2,821,639 2021 $3,047,204 $2,965,501 $2,730,084 $3,330,434 $3,953,961 $3,812,881 $5,455,268 $2,741,619 $3,269,368 $2,278,127 $2,752,017 $1,859,218 2022 $3,932,174 $1,535,792 $2,338,442 $7,114,054 $1,895,271 $2,452,489 $3,336,861 $2,254,058 $1,722,938 $1,495,823 $1,317,065 $2,051,605 $-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000

TOWN OF ATHERTON
3-YEAR MONTHLY CLAIMS CHART

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TOWN OF ATHERTON
CLAIMS LIST DECEMBER 2022
Previous Yr.

December
2022
December
2021
A/P Checks (#31263-31376)
Payroll Checks (#601-602)
Direct Deposit - Payroll
Electronic Transfer - A/P & Payroll
Amount
$ 1,140,962
935
449,326
460,382
Amount
$932,189
1,446
465,071
460,512
DECEMBER 2022 Total $ 2,051,605 1,859,218
I, George Rodericks, City Manager of the Town of Atherton, do hereby certify that the demand listed above, check numbers 601-602 (payroll), and 31263-31376 (accounts payable), and electronic transfers for employees direct deposits, federal payroll taxes and fees, inclusive, amount to $ 2,051,605 are true and correct based on the information provided to me and that there are sufficient funds for payment.
_______________________________
George Rodericks
City Manager
The above claims, check numbers 601-602 (payroll), and 31263-31376 (accounts payable), and electronic transfers for employees direct deposits, federal payroll taxes and fees, inclusive, amount to $ 2,051,605 are true and correct and are authorized for payment. _______________________________
R. DeGolia
Mayor, Town of Atherton

SOURCE OF FUNDS
December
2022
December
2021
101 General Fund $ 1,883,298 $1,469,378
105 Tennis Fund 776
201 Special Tax 48
203 Gas Tax 9,347
213 Library Fund 19,426 6,039
221 Refuse Rate Stabilization Fund 95 2,432
401 GF Projects 2,800 1,904
406 Facilities Construction 86,885 337,094
610 Equipment Replacement 1,539
616 Employee Benefits Funds 47,391 42,371
TOTAL $ 2,051,605 $1,859,218

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Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 31263 AFLAC 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Aflac Accident (Pre-Tax) 251.82 31263 AFLAC 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Aflac Cancer Ins(Pre-Tax) 48.07 31263 AFLAC 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Aflac Dental Plan (Pre-Tax) 28.02 31263 AFLAC 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Aflac Hosp. Conf. Id (Pre-Tax) 103.38 31263 AFLAC 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Aflac Hosp.Conf.Id (After-Tax) 19.26 31263 AFLAC 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Aflac Life Emp (After -Tax) 38.40 31263 AFLAC 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Aflac Speci Health (Pre-Tax) 29.10 31263 AFLAC 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Aflac STD (After-Tax) 571.38 31263 AFLAC 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Aflac Vision Plan(Pre-Tax) 16.99 31263 AFLAC 12/6/2022 502-11-2022 General Fund PR Batch 00502.11.2022 Aflac Accident (Pre-Tax) 251.82 31263 AFLAC 12/6/2022 502-11-2022 General Fund PR Batch 00502.11.2022 Aflac Cancer Ins(Pre-Tax) 48.07 31263 AFLAC 12/6/2022 502-11-2022 General Fund PR Batch 00502.11.2022 Aflac Dental Plan (Pre-Tax) 28.02 31263 AFLAC 12/6/2022 502-11-2022 General Fund PR Batch 00502.11.2022 Aflac Hosp. Conf. Id (Pre-Tax) 103.38 31263 AFLAC 12/6/2022 502-11-2022 General Fund PR Batch 00502.11.2022 Aflac Hosp.Conf.Id (After-Tax) 19.26 31263 AFLAC 12/6/2022 502-11-2022 General Fund PR Batch 00502.11.2022 Aflac Life Emp (After -Tax) 38.40 31263 AFLAC 12/6/2022 502-11-2022 General Fund PR Batch 00502.11.2022 Aflac Speci Health (Pre-Tax) 29.10 31263 AFLAC 12/6/2022 502-11-2022 General Fund PR Batch 00502.11.2022 Aflac STD (After-Tax) 571.38 31263 AFLAC 12/6/2022 502-11-2022 General Fund PR Batch 00502.11.2022 Aflac Vision Plan(Pre-Tax) 16.99 31263 Total 2,212.84
31264 ALHAMBRA 12/6/2022 21903512 113022 General Fund Administration Drinking Water Admin Nov 2022 71.90 31264 ALHAMBRA 12/6/2022 21928698 112422 General Fund Police Drinking Water PD Nov 2022 112.90 31264 Total 184.80
31265 AT&T CALNET 3 12/6/2022 19034293 General Fund Police Miscellaneous Centrex Main line PD 10/10/22 -11/9/22 505.32 31265 AT&T CALNET 3 12/6/2022 19124059 General Fund Interdepartmental 0576 PRI T-1 Circuit 10/27/22 -11/26/22 167.08 31265 AT&T CALNET 3 12/6/2022 19124059 General Fund Interdepartmental 5301 PRI Svc 10/27/22 -11/26/22 463.67 31265 Total 1,136.07
31266 CALIFORNIA STATE DISBURSEMENT UNIT 12/6/2022 501-12-2022NT General Fund PR Batch 00501.12.2022 Garnishment 177.69 31266 Total 177.69
31267 CALIFORNIA STATE DISBURSEMENT UNIT 12/6/2022 501-12-2022FR General Fund PR Batch 00501.12.2022 Garnishment 323.07 31267 Total 323.07
31268 CATERED TOO INC. 12/6/2022 11160 General Fund Administration Catering Svcs Town's Annual Holiday Party 12/21/22 6,135.10 31268 CATERED TOO INC. 12/6/2022 11206 General Fund Administration Hot Beverage Station Tree Lighting Event 12/1/22 681.14 31268 Total 6,816.24
31269 COLMA POLICE DEPARTMENT 12/6/2022 Nov 21 2022 1 General Fund Police Reg Fee Inner Perspectives Trng K. MacDonald PD Jan-May 2023 500.00 31269 COLMA POLICE DEPARTMENT 12/6/2022 Nov 21 2022 2 General Fund Police Reg Fee Inner Perspectives Trng D. Rojas PD Jan-May 2023 500.00 31269 Total 1,000.00
31270 DELTA DENTAL OF CALIFORNIA 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Dental Ins 4,465.59 31270 DELTA DENTAL OF CALIFORNIA 12/6/2022 BE005244906 General Fund Dental Cobra A. Kockler PD Dec 2022 192.17 31270 DELTA DENTAL OF CALIFORNIA 12/6/2022 BE005244906 General Fund Dental Cobra J. Wade PD Dec 2022 192.17 31270 Total 4,849.93
31271 FOLGER GRAPHICS INC 12/6/2022 134241 General Fund Police (2650) Postcards Community Safety PD 1,682.34 31271 Total 1,682.34
31272 INTERNATIONAL CODE COUNCIL INC. 12/6/2022 1001543816 General Fund Building 2022 Bldg Code Books Bldg 1,229.26 31272 Total 1,229.26
31273 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 12/6/2022 305972 General Fund City Attorney Town Attorney-Retainer Fees Oct 2022 17,269.25 31273 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 12/6/2022 305973 General Fund City Attorney Town Attorney-CCAP Svcs Oct 2022 541.50 31273 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 12/6/2022 305975 General Fund City Attorney Town Attorney-Belbrook Svcs Oct 2022 29,892.00 Checks by Date - Detail by Check Number
For the Month of December 2022

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Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 31273 Total 47,702.75
31274 LIEBERT CASSIDY WHITMORE 12/6/2022 228634 General Fund Administration Prof Service Re: ERMA Oct 2022 12,378.99 31274 LIEBERT CASSIDY WHITMORE 12/6/2022 228648 General Fund Administration Prof Service Re: Advice re Investigation Oct 2022 467.50 31274 Total 12,846.49
31275 MCCULLEY STEVE 12/6/2022 Dec 5th 2022 General Fund Police Lodging SMCO Chiefs/Sheriff Exec Seminar 2022 Chief S. McCulley 720.96 31275 MCCULLEY STEVE 12/6/2022 Dec 5th 2022 General Fund Police Lunch SMCO Chiefs/Sheriff Exec Seminar 2022 Chief S. McCulley 28.00 31275 MCCULLEY STEVE 12/6/2022 Dec 5th 2022 General Fund DPW-Park Maint. Reimb-Interior Painting/Sheetrock Repairs Gilmore House HP Park 4,100.00 31275 MCCULLEY STEVE 12/6/2022 Dec 5th 2022 General Fund DPW-Park Maint.

Reimb-Paint Shower Rod Dryer Vent Hose Exhaust Hood Ceiling Light Gilmore House HP park 634.84
31275 Total 5,483.80
31276 OCCASIONS ETC 12/6/2022 34175 General Fund City Council (5) Name Signs Council Meetings 134.28 31276 Total 134.28
31277 PENINSULA UNIFORMS & EQUIPMENT 12/6/2022 194424 General Fund Police Uniforms-(3) Rubber Backing K. Pronske PD 6.56 31277 PENINSULA UNIFORMS & EQUIPMENT 12/6/2022 194546 General Fund Police Uniforms-(9) Remove Patch, (12) Sew on Patch, (1) Chevron Set V. Kumar PD 89.09 31277 PENINSULA UNIFORMS & EQUIPMENT 12/6/2022 194626 General Fund Police Uniforms-(1) Name Patch, (1) Jkt Remove & Sew on Patch, (10) Sew on Patch, (5) Sgt Chevron Set, (2) Remove Patch B. magami 689.78 31277 PENINSULA UNIFORMS & EQUIPMENT 12/6/2022 195024 General Fund Police Uniforms-(1) Shirt S/S, (2) Shoulder Patch D. Andruha PD 87.89 31277 PENINSULA UNIFORMS & EQUIPMENT 12/6/2022 195040 General Fund Police Uniforms-(2) Remove Patch, (2) Sew on Patch, (2) Shirt L/S, (4) Shorten Tails, (2) Shirt L/S K. Patel 385.15
31277 Total 1,258.47
31278 PG & E 12/6/2022 80296999248/Nov2022 General Fund DPW-Street Maint. Traffic Control/Beacon Light 10/20/22 -11/18/22 59.64 31278 Total 59.64
31279 R.J. DAILEY CONSTRUCTION CO 12/6/2022 BP22-00812 General Fund Refund Recycling Dep BP22-00812, 401 Fletcher 4,674.38 31279 Total 4,674.38
31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No. 189-Provide Power to Communication Building per Town 12,152.60 31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No. 197-City Seal Peplacement 2,407.00 31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No. 217-Install New Hardware for Existing Doors for Historic Town Hall 31,876.00
31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No. 218-Add Data Cabling for the Library's People Counter 1,440.00 31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No. 219-BMS Monitoring of UPS per RFI 815 8,277.00 31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No. 221-Changes in Lighting Controls per Control Submittal 8,612.00 31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No. 222-Asphalt Price Escalation Split per Town's Agreement 1,611.50 31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No. 222-Asphalt Price Escalation Split per Town's Agreement 1,611.50 31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No. 223-Modify Ductwork @ L-7 Louver in PD RFI 601-R2 Response 6,751.00 31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No.14-see PO#1699 & PO#2098 Original -$67 520.00 Remaining (3,376.00) 31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No.220-WC-2 Mounting Modification in Heritage Bldg Restroom per RFI 682 5,955.00
31280 S.J. AMOROSO CONSTRUCTION CO. LLC 12/6/2022 41 Facilities Construction CCAP CO No.224-Replacement of Control Panel Lost During Delivery 301.00 31280 Total 77,618.60
31281 STATCOMM INC. 12/6/2022 W26039 General Fund DPW-Park Program Svc Call-Inv Trouble on Panel Knox Play School HP Park 11/2/22 360.00 31281 Total 360.00
31282 TOSHIBA FINANCIAL SERVICES 12/6/2022 32835299 General Fund Administration Lease Toshiba e-Studio 5516ACT Copier Admin Nov 2022 1,456.88 31282 Total 1,456.88
31283 TRIPEPI SMITH & ASSOCIATES INC. 12/6/2022 9029 General Fund Administration Comm Support Svcs -monthly Strategy, Qrtly Newsletter Nov 2022 4,915.00 31283 Total 4,915.00
31284 VARSITY RESTAURANTS iNC. 12/6/2022 466573 General Fund City Council Catering Svcs Council Meeting 11/16/22 545.65 31284 VARSITY RESTAURANTS iNC. 12/6/2022 466574 General Fund City Council Catering Svcs Council Meeting 11/17/22 460.01 31284 Total 1,005.66
31285 VASQUEZ BERNABE 12/6/2022 3 General Fund DPW-Park Maint. CO#1 Addtl Work-Interior Paitnting Gilmore House HP Park 735.00

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Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 31285 VASQUEZ BERNABE 12/6/2022 3 General Fund DPW-Park Maint. Interior Paitnting Gilmore House HP Park 5,850.00 31285 Total 6,585.00
31286 VISION SERVICE PLAN 12/6/2022 816562658 General Fund Vision Cobra A. Kockler PD Dec 2022 32.46 31286 VISION SERVICE PLAN 12/6/2022 816562658 General Fund Vision Cobra J. Wade PD Dec 2022 32.46 31286 VISION SERVICE PLAN 12/6/2022 816562658 General Fund Administration Vision R. Londer Admin Dec 2022 12.48 31286 VISION SERVICE PLAN 12/6/2022 501-11-2022 General Fund PR Batch 00501.11.2022 Vision Insurance 863.86 31286 Total 941.26
31287 ASSOCIATION OF BAY AREA GOVERNMENT 12/8/2022 AR030293 General Fund DPW-Park Program 150 Watkins HP Activity Bldg TrueUp Allcton Dec 2022 89.03 31287 ASSOCIATION OF BAY AREA GOVERNMENT 12/8/2022 AR030293 General Fund DPW-Park Program 150 Watkins Town of Atherton 10/25/22 -11/22/22 31.15 31287 ASSOCIATION OF BAY AREA GOVERNMENT 12/8/2022 AR030293 General Fund DPW-Park Program 150 Watkins Town True-Up Allocation 10/25/22 -11/22/22 89.03 31287 ASSOCIATION OF BAY AREA GOVERNMENT 12/8/2022 AR030293 General Fund DPW-Park Maint. 160 Watkins (GH) True-Up Allocation 10/25/22 -11/22/22 89.03 31287 ASSOCIATION OF BAY AREA GOVERNMENT 12/8/2022 AR030293 General Fund DPW-Park Maint. 160 Watkins (Gilmore House) 10/25/22 -11/22/22 491.25 31287 ASSOCIATION OF BAY AREA GOVERNMENT 12/8/2022 AR030293 General Fund DPW-Street Maint. 99 Dinkenspiel/Corp Office 10/22/22 -11/20/22 57.60 31287 ASSOCIATION OF BAY AREA GOVERNMENT 12/8/2022 AR030293 General Fund DPW-Street Maint. 99 Dinkenspiel/Corp True-Up Allocation 10/22/22 -11/20/22 89.02 31287 Total 936.11
31288 AT&T CALNET 3 12/8/2022 19159607 General Fund Police (3) 911 BTNS Circuit Billings PD Nov 2022 709.53 31288 Total 709.53
31289 AT&T MOBILITY 12/8/2022 388102X11192022 General Fund Police Data Mobile Comm PD 10/12/22 -11/11/22 1,493.11 31289 Total 1,493.11
31290 BEHRENS & CURRY INC. 12/8/2022 BP21-00959 General Fund Refund Recycling Dep BP21-00959, 180 Elena 10,817.63 31290 Total 10,817.63
31291 BELL PLUMBING OF SAN MATEO INC. 12/8/2022 APW22-00121 General Fund Refund Road Bond Dep APW22-00121, 30 Stockbridge 2,500.00 31291 Total 2,500.00
31292 BRIGHTVIEW LANDSCAPE SERVICES INC. 12/8/2022 8180887 General Fund DPW-Park Maint. Contract Landscape Svcs & Maint HP Park Dec 2022 17,073.34 31292 BRIGHTVIEW LANDSCAPE SERVICES INC. 12/8/2022 8180887 Tennis Fund Contract Landscape Svcs & Maint Tennis Court HP Park Dec 2022 776.33 31292 BRIGHTVIEW LANDSCAPE SERVICES INC. 12/8/2022 8180887 General Fund DPW-Building Maint. Contract Landscape Svcs & Maint Town Dec 2022 2,048.25 31292 Total 19,897.92
31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund DPW-Park Maint. 150 Watkins (Fire Protection) Nov 2022 37.12 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund DPW-Park Maint. 150 Watkins (Little League/Drinking Fountain) 10/22/22 -11/21/22 136.57 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund DPW-Park Maint. 150 Watkins 10/22/22 -11/21/22 534.31 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund Administration 80 Fair Oaks (2 METER) Admin Oct 2022 21.91 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund Building 80 Fair Oaks (2 METER) Bldg Oct 2022 21.91 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund 80 Fair Oaks (2 METER) PD Oct 2022 262.90 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund Planning 80 Fair Oaks (2 METER) Plng Oct 2022 21.91 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund DPW-Engineering 80 Fair Oaks (2 METER) PW Oct 2022 21.90 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund Administration 80 Fair Oaks Admin Oct 2022 31.37 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund 80 Fair Oaks Bldg Oct 2022 31.37 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund Police 80 Fair Oaks PD Oct 2022 376.40 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund 80 Fair Oaks Plng Oct 2022 31.37 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund DPW-Engineering 80 Fair Oaks PW Oct 2022 31.35 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund DPW-Street Maint. Alameda/Atherton (M#62335098) 10/1/22 -10/28/22 264.07 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund DPW-Street Maint. El Camino Real (M#62280052) 10/1/22 -10/28/22 264.07 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 General Fund DPW-Street Maint. El Camino Real (M#62327517) 10/1/22 -10/28/22 264.07 31293 CAL WATER SERVICE 12/8/2022 4726166666/Nov2022 Library Fund Temp Library 10/1/22 -10/28/22 2,525.28 31293 Total 4,877.88
31294

CAL-WEST LIGHTING & SIGNAL MAINTENANCE
INC. 12/8/2022 220410 General Fund DPW-Street Maint. Street Light Repair Svcs Mt. Vernon Apr 2022 206.44 31294

CAL-WEST LIGHTING & SIGNAL MAINTENANCE
INC. 12/8/2022 220829 General Fund DPW-Street Maint. Traffic Signal Maint Svcs Middlefield & Marsh Aug 2022 360.00 31294

CAL-WEST LIGHTING & SIGNAL MAINTENANCE
INC. 12/8/2022 221017 General Fund DPW-Street Maint. Traffic Signal Maint Svcs Oct 2022 165.00 31294

CAL-WEST LIGHTING & SIGNAL MAINTENANCE
INC. 12/8/2022 221018 General Fund DPW-Street Maint. Street Light Repair Svcs 139 James Oct 2022 436.96

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Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 31294 Total 1,168.40
31295 CITY OF REDWOOD CITY 12/8/2022 334001 General Fund Police Perform B Service 2017 Ford Exp PD 8/18/22 521.89 31295 CITY OF REDWOOD CITY 12/8/2022 334001 General Fund Police Replaced Rear Pads & Rotors, (3) New Tires 2017 Ford Exp PD 8/18/22 1,325.25 31295 Total 1,847.14
31296 D-PREP INC. 12/8/2022 BCN20230123-27 General Fund Police Reg Fee Basic Crisis Negotiations Trng D. Andruha PD 1/23/23 -1/27/23 799.00 31296 Total 799.00
31297 DYNASTY CLEANERS 12/8/2022 Nov-22 General Fund Police Uniform Cleaning Services PD Nov 2022 614.01 31297 Total 614.01
31298 EPS INC 12/8/2022 APW22-00145 General Fund Refund Road Bond Dep APW22-00145, 283 Selby 2,500.00 31298 Total 2,500.00
31299 FASTSIGNS OF REDWOOD CITY 12/8/2022 395-46573 General Fund Police (1) Alarm, (1) Video Sign PD 76.92 31299 FASTSIGNS OF REDWOOD CITY 12/8/2022 395-46585 General Fund Police (6) Alarm Sign PD 230.74 31299 Total 307.66
31300 GARAVAGLIA ARCHITECTURE INC. 12/8/2022 20220281 GF Projects Town of Atherton Station Buiding Improvements Oct 2022 2,800.45 31300 Total 2,800.45
31301 GATTO JOSHUA 12/8/2022 Nov 23 2022 General Fund Police Reimb-Motor Fuel PD 11/23/22 27.33 31301 Total 27.33
31302

GREAT AMERICA FINANCIAL SERVICES
CORPORATION 12/8/2022 32938129 General Fund Building (1/3) Lease Toshiba E-Studio5015 AC copier Bldg Nov 2022 189.21 31302

GREAT AMERICA FINANCIAL SERVICES
CORPORATION 12/8/2022 32938129 General Fund Planning (1/3) Lease Toshiba E-Studio5015 AC copier Plng Nov 2022 189.21 31302

GREAT AMERICA FINANCIAL SERVICES
CORPORATION 12/8/2022 32938129 General Fund DPW-Engineering (1/3) Lease Toshiba E-Studio5015 AC copier PW Nov 2022 189.21 31302 Total 567.63
31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police (1) Halligan Forcible Tool-Sup Car 213.38 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police (1) Hoodman HDLP Drone Landing Pad Launch PD 131.24 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police (75) Holiday Cards PD 69.30 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Airfare SRO Trng D. Andruha PD 11/29/22 -12/2/22 88.98 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Airfare SRO Trng D. Andruha PD 11/29/22 -12/2/22 58.98 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Airfare Taser Trng N. Torres PD 11/21/22 -11/22/22 383.95 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Airfare Taser Trng V. Kumar PD 11/21/22 -11/22/22 383.95 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Lodging CAPE Trng E. Johnson PD 4/3/23 -4/7/23 144.24 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Lodging Code Enf Conf L. Daley PD 10/24/22 -10/27/22 421.89 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Lodging SRO Trng D. Andruha PD 11/29/22 -12/2/22 825.93 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Lodging Sup Trng J. Taylor PD 10/3/22 -11/4/22 721.20 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Lodging Taser Trng N. Torres PD 11/21/22 -11/22/22 186.23 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Lodging Taser Trng V. Kumar PD 11/21/22 -11/22/22 186.23 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Reg Fee CAPE Trng E. Johnson PD 4/3/23 -4/7/23 300.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Reg Fee Mentoring Trng E. Johnson PD 25.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Reg Fee Online Undercover Identities & Officer Safety Trng J. Massagli PD 12/6/22 100.00
31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Reg Fee Penn Arms Armorer Trng K. MacDonald PD 4/23/23 -4/26/23 325.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police Reg Fee Wellness Trng E. Johnson PD 25.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 0866/11-22-22JF General Fund Police USPS Fee Return Computer Charger PD 10.20 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 3299/11-22-22EJ General Fund Police (1) bx Zip Ties 12 inch for Securing Evidence PD 10.93 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 3299/11-22-22EJ General Fund Police (1) bx Zip Ties 8 inch for Securing Evidence PD 12.02 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 3299/11-22-22EJ General Fund Police (1) iPhone Charger Fast Charging Cord PD 10.93 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 3299/11-22-22EJ General Fund Police Apple Storage Plan E. Johnson PD 0.99 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 3299/11-22-22EJ General Fund Police CA Assoc of Property & Evidence Membership E. Johnson PD 50.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 3299/11-22-22EJ General Fund Police Lunch for Staffs Working on Property Destruction PD 100.71 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 3299/11-22-22EJ General Fund Police U-Haul Rental for Property Destruction PD 377.34 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 4525/11-22-22HL General Fund Planning (1) A Field Guide to American Houses Book Plng 27.33 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 4525/11-22-22HL General Fund DPW-Building Maint. (1) pk Clear Zip Ties PW 13.99

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Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 4525/11-22-22HL General Fund DPW-Building Maint. (1) pk WaterSentry Plus Replacement Filter PW 213.47 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 4525/11-22-22HL General Fund Building (1) Telephone Headset Bldg 115.88 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 4525/11-22-22HL General Fund DPW-Building Maint. (2) Outdoor Timer for Christmas Lights, (2) Boot Scraper PW 125.60 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 4525/11-22-22HL General Fund DPW-Street Maint. ASFPM Membership Renewal PW Director R. Ovadia 175.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 4525/11-22-22HL General Fund DPW-Engineering Reg Fee ISA 2022 Virtual Event S. Bentz PW 12/13/22 -12/14/22 149.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (1) bx Peanuts Rice Rollers, Cup of Noodles, Cookies Admin 160.76 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (1) Christmas Tree Skirt Admin 126.49 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (2) 19.3"x12.5" Blue Light Blocking Screen Protector Admin 98.42 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (2) 19.3"x12.5" Blue Light Blocking Screen Protector Refund Admin (98.42) 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (2) 21.5" Blue Light Blocking Screen Protector Admin 94.04 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (2) 21.5" Blue Light Blocking Screen Protector Refund Admin (94.04) 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (2) 24" Blue Light Blocking Screen Protector Admin 120.30 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (2) bx Femenine Products Admin 45.96 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (2) Matte Wrapping Paper Christmas Decorations 27.34 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (2) Outdoor signs Admin 90.75 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (2) Storage Boxes for Halloween Decorations 75.41 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (2) Trick or Treat Gift Bags for Halloween Event 48.10 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (30) mil Colored Plastic Cards Admin 74.94 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Planning (4) bx Coffee Brew Community Meeting 11/21/22 256.86 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration (5) "Authorized Personnel Only" Signs For Doors Admin 66.61 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5279/11/22/22FR General Fund Administration Lunch Notary Exam F. Reyes Admin 22.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police (1) 3 Stone Bath Mats for Showers PD 177.09 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police (1) Bike Locking Skewer Set PD 89.78 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police (1) pk 123AVolt Battaries PD 43.02 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police (2) bg Coffee Beans, (1) pk Hand Soap & (3) Dish Soap PD 92.22 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police (2) ca Insulated Hot Coffee Cups PD 200.34 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police (2) Siren Key Chains for Heritage Room PD 43.64 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police (300) Glow Necklaces PD 32.18 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police (6) Plantronics Mute Switches Dispatch PD 108.24 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police (8) pk Cottonelle Wipes, (12) Rolls Paper Towels PD 46.48 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police Investigating Tool Svc PD 75.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police Lodging SUP Trng J. Taylor PD 10/23/22 -10/28/22 PD 721.20 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police Remington Shotgun 12 Gauge Wrench for Amorer Trng J. Gatto PD 56.61 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police Remington Shotgun Bench Block for Amorer Trng J. Gatto PD 22.95 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police Remington Shotgun Cleaning Kit for Armorer Trng J. Gatto PD 175.42 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 5762/11-22-22DL General Fund Police Remington Shotgun Tools for Armorer Trng J. Gatto PD 60.09 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 6914/11-22-22AP General Fund Police Catering Svcs Resident Volunteer Dinner PD 11/15/22 846.29 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 6914/11-22-22AP General Fund Police Coffee & Pastries for Coffee with A Cop Event PD 10/31/22 153.65 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 6914/11-22-22AP General Fund Police Coffee ADAPT Meeting PD 11/5/22 20.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 6914/11-22-22AP General Fund Police Donuts & Orange Juice ADAPT Meeting PD 11/5/22 8.50 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 7361/11-22-22GR General Fund Administration (1) pk Butter Pop Corn Admin 11.98 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 7361/11-22-22GR General Fund Administration (2) PK Pop-Tarts Breakfast Toaster Pastries Admin 39.35 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 7361/11-22-22GR General Fund Administration Car Wash CM G. Rodericks 11/11/22 59.99 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 7361/11-22-22GR General Fund Administration Napkins, Utinsels, Plates for Kitchen Admin 215.19 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 7361/11-22-22GR General Fund Administration Office Supplies CM G. Rodericks Admin 16.68 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 7361/11-22-22GR General Fund Administration Pantry Food Storage Organizer for Kitchen Admin 103.90 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 7361/11-22-22GR General Fund Administration Restock of Pantry and Snacks for Kitchen Admin 177.17 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 7361/11-22-22GR General Fund Administration The Wall Street Journal Digital CM G. Rodericks 38.99 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 9369/11-22-22AS General Fund Interdepartmental Adobe Lic Fee 288.83 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 9369/11-22-22AS General Fund Interdepartmental Adobe Lic Fee 8.80 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 9369/11-22-22AS General Fund Interdepartmental Annual Fee Almanac Online Membership 120.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 9369/11-22-22AS General Fund Interdepartmental Dropbox Business Membership 54.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 9369/11-22-22AS General Fund Interdepartmental Dropbox Business Membership 72.00

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Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 9369/11-22-22AS General Fund Administration Job Posting for Associate Engineer Position 200.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 9369/11-22-22AS General Fund Interdepartmental Microsoft Fee 1.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 9369/11-22-22AS General Fund Administration SHRM Membership A. Suber Admin 229.00 31303 IMPAC. GOVERNMENT SERVICES 12/8/2022 9369/11-22-22AS General Fund Interdepartmental Zoom Large Meeting Capacity Membership 299.90 31303 Total 12,008.89
31304 INFINITY TECHNOLOGIES 12/8/2022 972 General Fund Interdepartmental Contract IT Support Svcs Nov 2022 13,600.00 31304 INFINITY TECHNOLOGIES 12/8/2022 1005 General Fund DPW-Engineering Contract General GIS Support PW Nov 2022 980.00 31304 Total 14,580.00
31305 IRON MOUNTAIN INC 12/8/2022 HBGM026 General Fund Police Onsite Shredding Svcs PD 10/26/22 -11/21/22 274.70 31305 Total 274.70
31306 METRO MOBILE COMMUNICATIONS INC 12/8/2022 46772 General Fund Police (1) KMC-65 Microphone PD 91.09 31306 Total 91.09
31307 NEWELL MEDIA LLC 12/8/2022 TPZ22-00046 General Fund Refund Plng surcharge Fee TPZ22-00046, 140 Atherton 12.40 31307 NEWELL MEDIA LLC 12/8/2022 TPZ22-00046 General Fund Refund Tech surcharge Fee TPZ22-00046, 140 Atherton 16.04 31307 NEWELL MEDIA LLC 12/8/2022 TPZ22-00046 General Fund Refund Tree Permit Fee TPZ22-00046, 140 Atherton 486.00 31307 Total 514.44
31308 NICHOLS CONSULTING ENGINEERS CHTD 12/8/2022 229035502R Special Tax Prof Svcs Development of Stormwater Pollution Plan PW thru 3/11/22 48.10 31308 NICHOLS CONSULTING ENGINEERS CHTD 12/8/2022 229035502R General Fund DPW-Engineering Prof Svcs Development of Stormwater Pollution Plan PW thru 3/11/22 6,251.90 31308 Total 6,300.00
31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 274925498001 General Fund Administration (5) Wall Calendars, (1) Desk Pad Admin 75.88 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 276371741001 General Fund Building (1/3) ca Paper, (1/3) Tissues Bldg 28.67 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 276371741001 General Fund Planning (1/3) ca Paper, (1/3) Tissues Plng 28.66 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 276371741001 General Fund DPW-Engineering (1/3) ca Paper, (1/3) Tissues PW 28.66 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 276372350001 General Fund Building (1/3) Foil Bldg 3.18 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 276372350001 General Fund Planning (1/3) Foil Plng 3.18 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 276372350001 General Fund DPW-Engineering (1/3) Foil PW 3.18 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 276472863001 General Fund Building (4/3) ca Bottle Water Bldg 19.59 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 276472863001 General Fund DPW-Engineering (4/3) ca Bottle Water PW 19.59 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 276472863001 General Fund Planning (4/3) ca Bottle Water Water Plng 19.58 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 277902116001 General Fund Administration (1) ct Wipes, (2) pk Clip Paper, (1) ca Hazelnut Creamer Admin 78.53 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 277931535001 General Fund Administration (1) Keyboard Admin 120.85 31309 ODP BUSINESS SOLUTIONS LLC 12/8/2022 277931781001 General Fund Administration (1) Vertical Mouse Admin 160.77 31309 Total 590.32
31310 ODP BUSINESS SOLUTIONS LLC 12/8/2022 277931783001 General Fund Administration (1) Mouse Admin 11.47 31310 ODP BUSINESS SOLUTIONS LLC 12/8/2022 278048944001 General Fund Building (2) bx Green Tea Bldg 25.61 31310 ODP BUSINESS SOLUTIONS LLC 12/8/2022 278048944001 General Fund Planning (2) bx Green Tea Plng 25.60 31310 ODP BUSINESS SOLUTIONS LLC 12/8/2022 278048944001 General Fund DPW-Engineering (2) bx Green Tea PW 25.41 31310 Total 88.09
31311 PG & E 12/8/2022 08963023620/Nov2022 General Fund DPW-Park Maint. 160 Watkins (GM House) 10/24/22 -11/21/22 403.35 31311 PG & E 12/8/2022 11940786962/Nov2022 General Fund Administration Civic Center 80 Fair Oaks ADdmin & Council Chamber 10/19/22 -11/17/22 507.06 31311 PG & E 12/8/2022 11940786962/Nov2022 General Fund Building Civic Center 80 Fair Oaks Bldg 10/19/22 -11/17/22 507.06 31311 PG & E 12/8/2022 11940786962/Nov2022 Library Fund Civic Center 80 Fair Oaks Library 10/19/22 -11/17/22 8,112.94 31311 PG & E 12/8/2022 11940786962/Nov2022 General Fund Police Civic Center 80 Fair Oaks PD 10/19/22 -11/17/22 10,141.18 31311 PG & E 12/8/2022 11940786962/Nov2022 General Fund Planning Civic Center 80 Fair Oaks Plng 10/19/22 -11/17/22 507.06 31311 PG & E 12/8/2022 11940786962/Nov2022 General Fund DPW-Engineering Civic Center 80 Fair Oaks PW 10/19/22 -11/17/22 507.06 31311 PG & E 12/8/2022 34579695882/Nov2022 General Fund DPW-Street Maint. Signal El Camino/Atherton 10/22/22 -11/21/22 133.80 31311 PG & E 12/8/2022 86713555828/Nov2022 General Fund DPW-Street Maint. Signal Middlefield/Encinal 10/25/22 -11/22/22 71.48 31311 PG & E 12/8/2022 92913025489/Nov2022 General Fund DPW-Street Maint. Corp office/Storage 10/21/22 -11/20/22 139.21 31311 Total 21,030.20
31312 PLUMBING TECH REPIPE SPECIALISTS INC 12/8/2022 3030 General Fund DPW-Park Maint. Main Sewer Line Replacement Gilmore House HP Park 3,200.00 31312 PLUMBING TECH REPIPE SPECIALISTS INC 12/8/2022 3031 General Fund DPW-Park Maint. Main Sewer Line Replacement Gilmore House HP Park 25,600.00 31312 Total 28,800.00

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Page 14 of 443 ends

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 31313 SAN JOSE BMW/VESPA 12/8/2022 272494 General Fund Police Renew Rear Tire 2019 BMW PD Dec 2022 453.85 31313 Total 453.85
31314 TONY'S CLEAN TEAM LLC 12/8/2022 15-2910 General Fund DPW-Engineering Janitorial COVID-19 Electrostatic Spraying PD 10/12/22 -11/11/22 998.00 31314 TONY'S CLEAN TEAM LLC 12/8/2022 15-2910 General Fund DPW-Engineering Janitorial Maint Svcs HP Park 10/12/22 -11/11/22 2,083.34 31314 TONY'S CLEAN TEAM LLC 12/8/2022 15-2910 Library Fund Janitorial Maint Svcs Library 10/12/22 -11/11/22 4,745.00 31314 TONY'S CLEAN TEAM LLC 12/8/2022 15-2910 General Fund DPW-Building Maint. Janitorial Maint Svcs Town 10/12/22 -11/11/22 10,593.66 31314 Total 18,420.00
31315 TRIDENT K9 CONSULTING 12/8/2022 1433 General Fund Police Maint Trng K9 Jessie D. Romero PD 11/2, 11/9, 11/16, 11/23 & 11/30/22 500.00 31315 Total 500.00
31316 TURBO DATA SYSTEMS INC 12/8/2022 38995 General Fund Police Citiation Processing Fee PD Nov 2022 28.55 31316 TURBO DATA SYSTEMS INC 12/8/2022 38996 General Fund Police (10) Lease E-Citation PD Nov 2022 3,276.94 31316 Total 3,305.49
31317 TYLER STEVE 12/8/2022 Nov 15th 2022 General Fund Building (1/3) Reimb-Catering Svcs Thanksgiving Meal for Staffs Bldg 11/15/22 342.99 31317 TYLER STEVE 12/8/2022 Nov 15th 2022 General Fund Planning (1/3) Reimb-Catering Svcs Thanksgiving Meal for Staffs Plng 11/15/22 342.99 31317 TYLER STEVE 12/8/2022 Nov 15th 2022 General Fund DPW-Building Maint. (1/3) Reimb-Catering Svcs Thanksgiving Meal for Staffs PW 11/15/22 342.99 31317 Total 1,028.97
31318 WEX BANK 12/8/2022 85610660 General Fund Police Vehicle Fuel Charges PD 11/7/22 -12/6/22 7,045.51 31318 Total 7,045.51
31319 WILLDAN ENGINEERING 12/8/2022 623871 Gas Tax Eng Svcs 2022 Overlay - Const Mgmt & Inspection Svcs Jul 2022 9,347.00 31319 WILLDAN ENGINEERING 12/8/2022 00624086REV01 General Fund DPW-Engineering Engineering Svcs PW Aug 2022 10,711.25 31319 Total 20,058.25
31320 WRNS STUDIO 12/8/2022 1500700104 Facilities Construction CCAP-LEED Documentation (Part B) Oct 2022 3,500.00 31320 Total 3,500.00
31321 ACTION TOWING 12/15/2022 66861 General Fund Police Towing Svcs Evidence Car From PD to Crime Lab & Account Storage 4,218.50 31321 Total 4,218.50
31322 ADAM TOMASI 12/15/2022 IRB22-00333 General Fund Refund Accessory Bldg Fee -PLNG Error IRB22-00333, 50 Lilac 1,067.00 31322 ADAM TOMASI 12/15/2022 IRB22-00333 General Fund Refund Address Change Fee -Plng Error IRB22-00333, 50 Lilac 275.00 31322 ADAM TOMASI 12/15/2022 IRB22-00333 General Fund Refund of Review/Revision Bldg Fee -Plng Error IRB22-00333, 50 Lilac 198.00 31322 ADAM TOMASI 12/15/2022 IRB22-00333 General Fund Refund Tech Surcharge Fee -Plng Error IRB22-00333, 50 Lilac 38.41 31322 Total 1,578.41
31323 AT&T CALNET 3 12/15/2022 19159440 General Fund Police (2) Circuits 701 Laurel & 120 Reservoir PD Nov 2022 1,089.28 31323 AT&T CALNET 3 12/15/2022 19183974 General Fund Police Miscellaneous Centrex Main Line PD 11/10/22 -12/9/22 513.54 31323 Total 1,602.82
31324 BOBBY MAGAMI 12/15/2022 Dec1-2 2022 General Fund Police Mileage Practical De-Escalation & Tactical Conduct Trng B. Magami PD 85.12 31324 Total 85.12
31325 BRINK'S INCORPORATED 12/15/2022 12141133 General Fund Finance Armored Car Services Fin Dec 2022 278.13 31325 Total 278.13
31326 BUDGET HOLDINGS INC. 12/15/2022 1010262 General Fund DPW-Building Maint. (1) Huper-Dusted Crystal 2Mil (Stairs) 625.00 31326 Total 625.00
31327 CALIFORNIA STATE DISBURSEMENT UNIT 12/15/2022 502-12-2022NT General Fund PR Batch 00502.12.2022 Garnishment 177.69 31327 Total 177.69
31328 CALIFORNIA STATE DISBURSEMENT UNIT 12/15/2022 502-12-2022FR General Fund PR Batch 00502.12.2022 Garnishment 323.07 31328 Total 323.07
31329 CAPITAL ONE PUBLIC FUNDING LLC 12/15/2022 9640121 General Fund Town Hall-Abate LSE Real Prop-Rev Loan#101018626 6/1/22 -12/1/22 432,935.71 31329 Total 432,935.71
31330 CATERED TOO INC. 12/15/2022 11160-1 General Fund Administration Catering Svcs Town's Annual Holiday Party 12/21/22 308.95 31330 Total 308.95
31331 CINTAS CORPORATION 12/15/2022 4137422554 General Fund Police (1) 4X6 Active Scraper, (7) Traffic Mat PD Nov 2022 95.50 31331 CINTAS CORPORATION 12/15/2022 4138883271 General Fund Police (1) 4X6 Active Scraper, (7) Traffic Mat PD Nov 2022 95.50 31331 Total 191.00
31332 COMCAST 12/15/2022 0243773/Dec2022 General Fund Interdepartmental High Speed Internet Town 12/10/22 -1/9/23 221.72 31332 Total 221.72
31333 CURRID FAMILY CORPORATION 12/15/2022 SF-T00002743 General Fund DPW-Street Maint. Svc Call to Replace Hydraulic Hose & Added Fluid PW 1,116.74

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Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 31333 Total 1,116.74
31334 DUCKY'S CAR WASH LLC 12/15/2022 Nov-22 General Fund Police Car Wash Services PD Nov 2022 91.92 31334 Total 91.92
31335 FASTSIGNS OF REDWOOD CITY 12/15/2022 395-46799 General Fund Police (2) Alarm, (2) Video Signs PD 153.83 31335 Total 153.83
31336 GATTO JOSHUA 12/15/2022 Dec 9 2022 General Fund Police Breakfast Law Enforcement Armorer Rem 870 Trng J. Gatto PD 12/9/22 11.20 31336 GATTO JOSHUA 12/15/2022 Dec 9 2022 General Fund Police Dinner Law Enforcement Armorer Rem 870 Trng J. Gatto PD 12/9/22 20.00 31336 GATTO JOSHUA 12/15/2022 Dec 9 2022 General Fund Police Lunch Law Enforcement Armorer Rem 870 Trng J. Gatto PD 12/9/22 14.49 31336 Total 45.69
31337 GOOD CITY COMPANY 12/15/2022 2861 General Fund Planning Contract Planning Svcs Oct 2022 800.00 31337 GOOD CITY COMPANY 12/15/2022 2861 General Fund Planning Housing Element Plng Oct 2022 6,805.25 31337 GOOD CITY COMPANY 12/15/2022 2898 General Fund Planning Contract Planning Svcs Nov 2022 1,290.00 31337 GOOD CITY COMPANY 12/15/2022 2898 General Fund Planning Housing Element Plng Nov 2022 12,261.00 31337 Total 21,156.25
31338 GRAPHICS ON THE EDGE 12/15/2022 4864 General Fund Police (5) Star Decals -Reflective PD 225.78 31338 Total 225.78
31339 HERNANDEZ WELDING INC 12/15/2022 10871 General Fund DPW-Street Maint. (3) 28 3/4"x23 1/2" Steel Grill 28, (1) Hot Deep Galvanized of all 3 Grills PW 2,300.00 31339 Total 2,300.00
31340 INFINITY TECHNOLOGIES 12/15/2022 973 General Fund Police Long Range Outdoor CPE HP Park PD 430.88 31340 Total 430.88
31341 INTERWEST CONSULTING GROUP INC 12/15/2022 83797 Library Fund First Year Warranty Phase Facility Mngmt & Monitoring Svcs Library Allocation Noc 2022 1,375.00
31341 INTERWEST CONSULTING GROUP INC 12/15/2022 83797 General Fund DPW-Building Maint.

First Year Warranty Phase Facility Mngmt & Monitoring Svcs Town Allocation Nov 2022 2,125.00
31341 INTERWEST CONSULTING GROUP INC 12/15/2022 83797 Facilities Construction Civic Center Construction Doc & Bidding Phase PM 26% Library Allocation Nov 2022 499.20
31341 INTERWEST CONSULTING GROUP INC 12/15/2022 83797 Facilities Construction Civic Center Construction Doc & Bidding Phase PM 66% Donation Allocation nov 2022 1,267.20
31341 INTERWEST CONSULTING GROUP INC 12/15/2022 83797 Facilities Construction Civic Center Construction Doc & Bidding Phase PM 8% Town Allocation Nov 2022 153.60
31341 INTERWEST CONSULTING GROUP INC 12/15/2022 83797 Facilities Construction CCAP- IT Svcs Temp Facilities to New Civic Center 50% Library Allocation Nov 2022 2,050.40
31341 INTERWEST CONSULTING GROUP INC 12/15/2022 83797 Facilities Construction CCAP- IT Svcs Temp Facilities to New Civic Center 50% Town Allocation Nov 2022 287.10
31341 INTERWEST CONSULTING GROUP INC 12/15/2022 83797 General Fund DPW-Engineering PM Svcs-HP Parking Lot Turnaround & Park Access Circulation Improvement Nov 2022 3,255.00
31341 INTERWEST CONSULTING GROUP INC 12/15/2022 83797 General Fund Building Private Development Plan Review Nov 2022 1,190.00 31341 Total 12,202.50
31342 INTERWEST CONSULTING GROUP INC 12/15/2022 83796 General Fund Building Contract Bldg & Safety Svcs -58% Bldg Rev Nov 2022 86,889.08 31342 INTERWEST CONSULTING GROUP INC 12/15/2022 83796 General Fund Building Reimb Lease Dell Computer Nov 2022 (148.92) 31342 Total 86,740.16
31343 IRVINE & JACHENS INC. 12/15/2022 4136 General Fund Police (28) Uniform Badge Sterling Silver, (2) Badge 10K Gold "Police 100 Years Atherton 1923-2023" 7,262.50
31343 IRVINE & JACHENS INC. 12/15/2022 4137 General Fund Police (2) Uniform Badge Silver "Police 100 Years Atherton 1923-2023" 433.13 31343 Total 7,695.63
31344 J.P. COOKE CO 12/15/2022 757452 General Fund Building (1) "Pay To/Town of Atherton" Stamp Bldg 50.15 31344 Total 50.15
31345 LANDSCAPE FORMS INC. 12/15/2022 165915 Facilities Construction (2) Bola Bike Rack Embedded Stainless Steel 1,509.38 31345 Total 1,509.38
31346 LOPEZ KRISTIN 12/15/2022 198 General Fund Police Background Investigation, Credit Report, Mileage Officer App PD 1,536.45 31346 Total 1,536.45
31347 MCE CORPORATION 12/15/2022 2211026 General Fund DPW-Park Maint. Contract Maint Svcs HP Park Nov 2022 333.01

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Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 31347 MCE CORPORATION 12/15/2022 2211026 General Fund DPW-Park Maint. Contract Maint Svcs HP Park Nov 2022 190.93 31347 MCE CORPORATION 12/15/2022 2211026 General Fund DPW-Park Maint. Contract Maint Svcs -Electrical Repairs Nov 2022 324.50 31347 MCE CORPORATION 12/15/2022 2211026 General Fund DPW-Building Maint. Contract Maint Svcs Facilites Nov 2022 942.84 31347 MCE CORPORATION 12/15/2022 2211026 Library Fund Contract Maint Svcs Library Nov 2022 152.90 31347 MCE CORPORATION 12/15/2022 2211026 General Fund DPW-Park Program Contract Maint Svcs Park Events Nov 2022 289.74 31347 MCE CORPORATION 12/15/2022 2211026 General Fund DPW-Park Maint. Contract Maint Svcs Park Nov 2022 12,518.85 31347 MCE CORPORATION 12/15/2022 2211026 General Fund DPW-Street Maint. Contract Maint Svcs Streets Nov 2022 13,270.12 31347 Total 28,022.89
31348 MENLO CIRCUS CLUB 12/15/2022 1156-1 General Fund Police Catering Svcs -Breakfast Buffet for Staffs Meeting PD 12/14/22 252.20 31348 Total 252.20
31349 METRO MOBILE COMMUNICATIONS INC 12/15/2022 46820 General Fund Police (3) KSC-32 Charger, (4) KRA-23 Stubby Antenna PD 369.53 31349 Total 369.53
31350 MIDPENINSULA COMMUNITY MEDIA C 12/15/2022 730 General Fund Administration City Council Meeting - Zoom 11/16/22 81.75 31350 Total 81.75
31351 MORALES ROLANDO 12/15/2022 Dec 21 2022 General Fund Administration Musical Svcs for Town's Annual Holiday Party 12/21/22 750.00 31351 Total 750.00
31352 ODP BUSINESS SOLUTIONS LLC 12/15/2022 278240119001 General Fund Police (2) 2023 Wall Calendar, (3) Planners, (4) Desk Pad PD 160.11 31352 ODP BUSINESS SOLUTIONS LLC 12/15/2022 278245228001 General Fund Police (1) 2023 Wall Calendar PD 34.99 31352 ODP BUSINESS SOLUTIONS LLC 12/15/2022 279493152001 General Fund Police (1) 2023 Wall Calendar, (1) dz Mini Pad, (2) Desk Pad PD 55.08 31352 Total 250.18
31353 PG & E 12/15/2022 56788311910/Nov2022 General Fund DPW-Park Program Activity Bldg -150 Watkins 10/28/22 -11/29/22 133.01 31353 PG & E 12/15/2022 56788311910/Nov2022 General Fund DPW-Park Program Modular Bldg -150 Watkins 10/28/22 -11/29/22 393.69 31353 PG & E 12/15/2022 56788311910/Nov2022 General Fund DPW-Park Maint. Pump-150 Watkins 10/28/22 -11/29/22 793.17 31353 PG & E 12/15/2022 56788311910/Nov2022 General Fund DPW-Street Maint. Signal Marsh/Middlefield 10/25/22 -11/22/22 59.90 31353 PG & E 12/15/2022 56788311910/Nov2022 General Fund DPW-Street Maint. Signal Middlefield/Oak Grove 10/25/22 -11/22/22 77.62 31353 PG & E 12/15/2022 56788311910/Nov2022 General Fund DPW-Street Maint. Street Lights Nov 2022 4,287.88 31353 Total 5,745.27
31354 POINT EMBLEMS LLC 12/15/2022 Dec 12 2022 General Fund Police (200) 4X5" 100% Stitch Patch PD 875.35 31354 Total 875.35
31355 R3 CONSULTING GROUP INC. 12/15/2022 122347 Refuse Rate Stabilization Fund Consulting Svcs -CalRecycle Planning Document 12/2/22 95.00 31355 Total 95.00
31356 REDWOOD GENERAL TIRE SERVICE CO. INC. 12/15/2022 829623 General Fund DPW-Street Maint. Service Call to Replace (1) Front Tire -Backhoe Truck PW 942.27 31356 Total 942.27
31357 RENNE PUBLIC LAW GROUP LLP 12/15/2022 8935 General Fund Administration RPPG/Atherton Consulting and Grant Writing Service Nov 2022 2,083.00 31357 Total 2,083.00
31358 SABAH INTERNATIONAL INC. 12/15/2022 163848 Library Fund Remote Monitoring-Non Auto Ren Library FY 22/23 1,029.60 31358 SABAH INTERNATIONAL INC. 12/15/2022 163848 General Fund DPW-Building Maint. Remote Monitoring-Non Auto Ren Town FY 22/23 2,090.40 31358 SABAH INTERNATIONAL INC. 12/15/2022 164002 Library Fund Detection Prev Maint Non-Auto Library FY 22/23 1,485.00 31358 SABAH INTERNATIONAL INC. 12/15/2022 164002 General Fund DPW-Building Maint. Detection Prev Maint Non-Auto Town FY 22/23 3,015.00 31358 Total 7,620.00
31359 SAFE RESTRAINTS INC. 12/15/2022 Ch031522APD Equipment Replacement Police (1) WRAP Restrain PD FY 22/23 1,538.68 31359 Total 1,538.68
31360 SAN JOSE BMW/VESPA 12/15/2022 271932 General Fund Police Motorcycle Repairs -Renew Transmission 2019 BMW PD 4,506.03 31360 SAN JOSE BMW/VESPA 12/15/2022 272490 General Fund Police Motorcycle Repairs - Install New Cable for Radar 2019 BMW PD 248.75 31360 Total 4,754.78
31361 SAN MATEO CNTY CONTROLLERS OFFICE 12/15/2022 Nov-22 General Fund Police Allocation of Parking Penalties Nov 2022 187.50 31361 Total 187.50
31362 SAN MATEO CNTY ENVIRNMNTL HEALTH 12/15/2022 374499 General Fund DPW-Engineering CUPA Oversight/State Surcharge, Store Haz Mat <219 gal @ 99 Station Ln PW 548.00
31362 Total 548.00
31363 SAN MATEO CNTY FORENSIC LAB 12/15/2022 PS-INV104124 General Fund Police (4) DNA Analysis Lab Svc PD Dec 2022 1,824.00 31363 SAN MATEO CNTY FORENSIC LAB 12/15/2022 PS-INV104124 General Fund Police (2) Evidence Screen -Serology Lab Svc PD Dec 2022 180.00 31363 SAN MATEO CNTY FORENSIC LAB 12/15/2022 PS-INV104124 General Fund Police (1) National Medical Lab Svc PD Dec 2022 90.20

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Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 31363 SAN MATEO CNTY FORENSIC LAB 12/15/2022 PS-INV104124 General Fund Police (1) Phlebotomy Lab Svc PD Dec 2022 130.00 31363 Total 2,224.20
31364 SAN MATEO CNTY INFO SERV DEPT 12/15/2022 1YAT12211 General Fund Police (2) Microwave Mux DSO PD Nov 2022 164.51 31364 Total 164.51
31365 SAN MATEO CNTY-HEALTH SYSTEM 12/15/2022 AC22-23ATHERTON General Fund Police Annual Animal Control Costs PD FY 22/23 58,721.00 31365 Total 58,721.00
31366 SHARP ELECTRONICS CORPORATION 12/15/2022 9004097061 General Fund Police (1209) Copies Overage Usage Sharp MX-4071 2nd Copier PD 57.28 31366 Total 57.28
31367

STATE OF CALIFORNIA DEPARTMENT OF
JUSTICE 12/15/2022 621784 General Fund Police (1) Fingerprint Apps, Child Abuse Index Check, Peace Officer PD Nov 2022 66.00 31367 Total 66.00
31368 STATE WATER RESOURCES CONTROL BOARD 12/15/2022 SW-0241877 General Fund DPW-Engineering Annual Permit Fee State Water Resources Control Board 7/1/2022 -6/30/23 7,067.00 31368 Total 7,067.00
31369 SUMMIT PARTNERS 12/15/2022 83544 General Fund Police (1) Posse Box, (2) Name Tag, (2) Blauer Armor, (2) Patches, (3) Sgt Chevrons, (2) Hash Marks, (1) Metal Hat B. Magami PD 296.41
31369 Total 296.41
31370 TELECOMMUNICATIONS ENGINEERING 12/15/2022 47969 General Fund Police Facilities Mgmt & Maint Public Safety Comm Center PD Dec 2022 2,491.00 31370 Total 2,491.00
31371 THOMAS WALTER CHALBER JR TTEE 12/15/2022 BP22-00557 General Fund Refund Recycling Dep BP22-00557, 124 James 6,851.25 31371 Total 6,851.25
31372 TIAA COMMERCIAL FINANCE INC. 12/15/2022 9280982 General Fund Police Lease Sharp MX-M3570 Copier PD Dec 2022 232.84 31372 Total 232.84
31373 US BANK VOYAGER FLEET SYSTEMS INC. 12/15/2022 8690164772248 General Fund Police Motorcycle Fuel Charges PD Nov 2022 616.02 31373 Total 616.02
31374 VAN ACKER CONSTRUCTION 12/15/2022 APW21-00327 General Fund DPW-Engineering Refund Road Bond Dep APW21-00327, 273 Park 2,500.00 31374 VAN ACKER CONSTRUCTION 12/15/2022 APW21-00328 General Fund DPW-Engineering Refund Road Bond Dep APW21-00328, 261 Park 2,500.00 31374 VAN ACKER CONSTRUCTION 12/15/2022 APW21-00344 General Fund DPW-Engineering Refund Road Bond Dep APW21-00344, 273 Park 2,500.00 31374 Total 7,500.00
31375 WILLDAN ENGINEERING 12/15/2022 624497 General Fund DPW-Engineering Eng Svcs -G&D Plan Review & Encroachment Aug 2022 12,189.25 31375 WILLDAN ENGINEERING 12/15/2022 624498 General Fund DPW-Engineering Eng Svcs -G&D Plan Review & Encroachment Oct 2022 14,928.00 31375 WILLDAN ENGINEERING 12/15/2022 624539 General Fund DPW-Engineering Eng Svcs -G&D Plan Review & Encroachment Sept 2022 14,993.25 31375 Total 42,110.50
31376 WOO YIPING JOSEPH 12/15/2022 BP22-00833 General Fund Refund Recycling Dep BP22-00833, 211 Stockbridge 5,538.38 31376 Total 5,538.38
Grand Total 1,140,962.32

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Town of Atherton City Council Regular Meeting – December 21, 2022

Page 1 of 5 ends

6:00 P.M. REGULAR MEETING

CALL TO ORDER
Mayor DeGolia called the meeting to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE
ROLL CALL – Polito, Hawkins-Manuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia – All Present
PUBLIC COMMENTS:
• Attorney Representing Bo Shein related to public protests • Steve Seabolt public comment related to public protests

PRESENTATIONS
• Proclamation in honor of Stella Parsons
City Clerk Suber read the Proclamation in honor of Stella Parsons.

ELECTION RESULTS AND CITY COUNCIL REORGANIZATION (Items 1 – 2)

1. DECLARATION OF RESULTS OF THE NOVEMBER 8, 2022 STATEWIDE

GENERAL ELECTION FOR THE TOWN OF ATHERTON BASED ON THE
COUNTY OF SAN MATEO CHIEF ELECTIONS OFFICER’S CERTIFICATE AND

FINAL OFFICIAL CANVAS
City Clerk Suber introduced the item and presented the results certified by San Mateo County Chief Elections Officer Mark Church for the November 8, 2022 Statewide Election. Suber confirmed that based on those results the newly elected City Council Members were incumbent Rick DeGolia, incumbent Bill Widmer, and Stacy Miles Holland.

Council Member Polito thanked his colleagues on Council and made remarks related to his time served on Council.

MINUTES
Town of Atherton
City Council
DECEMBER 21, 2022

REGULAR MEETING
6:00 P.M.

Page 19 of 443 ends

Town of Atherton City Council Regular Meeting – December 21, 2022

Page 2 of 5 ends

The remaining members of Council expressed sincere thanks and gratitude for Bob Polito’s service and commitment to the Town.

MOTION by Lewis, Second by Widmer to Adopt Resolution No. 2022-26 certifying the November 8, 2022, election results for the Town of Atherton.

AYES: Polito, Hawkins-Manuelian, Lewis, Widmer, DeGolia NOES:

ABSTAIN:

ABSENT:

City Clerk Suber conducted the Oath of Office for Rick DeGolia, Bill Widmer, and Stacy Miles Holland.

Public Comments were received by Representatives of Marc Bermans Office.

2. CITY COUNCIL REORGANIZATION
City Clerk Suber introduced the item reviewing the process for selecting the Mayor and Vice Mayor for the Town. City Manager Rodericks provided additional guidance. • Message from Outgoing Mayor
Mayor DeGolia made remarks about his year serving the Council as Mayor thanking his colleagues on Council and highlighting several milestones including moving into the new Town Center.
• Selection of Mayor
Council Member DeGolia nominated Bill Widmer to serve as Mayor for 2023.

AYES: Holland, Hawkins-Manuelian, Lewis, DeGolia, Widmer NOES:

ABSTAIN:

ABSENT:
• Oath of Office for Vice Mayor
Mayor Widmer nominated Diana Hawkins-Manuelian to serve as Vice Mayor for 2023.

AYES: Holland, Lewis, DeGolia, Widmer, Hawkins-Manuelian NOES:

ABSTAIN:

ABSENT:
• Message from Incoming Mayor – Mayor

Page 20 of 443 ends

Town of Atherton City Council Regular Meeting – December 21, 2022

Page 3 of 5 ends

Mayor Widmer made remarks related to the historic 2022 year on Council and the challenges that lie ahead. He established an Ad Hoc Subcommittee for the 100 Year Celebration and assigned Council Member DeGolia and Lewis to serve.

DEPARTMENTAL WRITTEN REPORTS
There were no Council questions.

REPORT OUT OF CLOSED SESSION – None
CONSENT AGENDA (Items 3 – 9)

3. APPROVAL OF BILLS AND CLAIMS

4. APPROVAL OF MINUTES FOR NOVEMBER 16, NOVEMBER 17 AND DECEMBER 7, 2022 CITY COUNCIL MINUTES

5. 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)

6. RESOLUTION IN SUPPORT OF REOPENING THE MACK E. MICKELSON

ARTHRITIS AND REHABILITATION CENTER WARM WATER THERAPY POOL

LOCATED AT THE MILLS HEALTH CENTER IN SAN MATEO, CALIFORNIA Approved Resolution 2022-28

7. APPROVAL AND ADOPTION OF THE TOWN OF ATHERTON EMERGENCY

OPERATIONS PLAN
Approved Resolution No. 2022-28

8. ACCEPTANCE OF A $51,326 DONATION IN SUPPORT OF POLICE

DEPARTMENT TRAFFIC DIVISION WITH THE PURCHASE OF A BMW PATROL

MOTORCYCLE AND IN SUPPORT OF THE POLICE DEPARTMENT

RESIDENTIAL ALARM MONITORING PROGRAM WITH THE PURCHASE OF AN INTERNET PROTOCOL CAPABLE ALARM MONITORING TRANSCEIVER.

9. AFFIRM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

FINDING OF CATEGORICAL EXEMPTION, APPROVE PROJECT PLANS, AND

AUTHORIZE BID SOLICITATION FOR THE PROJECT FOR THE ATHERTON STATION REMODEL PROJECT, PROJECT NUMBER 56085
MOTION by DeGolia, Second by Lewis to approve the Consent Calendar Items AYES: Holland, DeGolia, Lewis, Hawkins-Manuelian, Mayor Widmer

Page 21 of 443 ends

Town of Atherton City Council Regular Meeting – December 21, 2022

Page 4 of 5 ends

NOES:

ABSTAIN:

ABSENT:

PUBLIC HEARING (Items 10 – 10)

10. INTRODUCTION FOR 1ST READING AND WAIVE FUTURE READINGS OF AN ORDINANCE AMENDING ATHERTON MUNICIPAL CODE CHAPTER 8.16

RELATED TO NOISE CONTROL
City Manager Rodericks introduced the item. He noted the opening of the public hearing and the formal introduction of the 1st reading. He reviewed the revisions and changes being proposed related to the dBA noise levels and discretionary allowance for enforcement.

Council held a discussion related to the enforcement of the ordinance and sought clarity around repeat offenders. They also discussed how the fines/penalty was being codified. City Attorney Ebrahimi addressed Council inquires.

Police Chief McCulley also clarified the enforcement process and the Police Departments general approach to enforcement related to noise violations.

Code Enforcement Officer Daley responded to Council inquiry related to the frequency and issuance of fines related to noise ordinance violations.

Public Comment:
• Mr. Manuelian made a comment.

MOTION Lewis, Second Widmer to introduce for first reading and waive future readings of an Ordinance amending Atherton Municipal Code Chapter 8.16 related to Noise Control with amendments to maximum allowance of dBA.

AYES: Holland, DeGolia, Lewis Widmer
NOES: Hawkins-Manuelian
ABSTAIN:

ABSENT:

REGULAR AGENDA - None

COUNCIL REPORTS/COMMENTS
Council Member Lewis congratulated and thanked all City Council Candidates from the November 8, 2022, Election.

Vice Mayor Member Hawkins-Manuelian commented on a meeting she attended with Menlo Park and Palo Alto related to building a regional community-based organization similar to A.D.A.P.T.

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Town of Atherton City Council Regular Meeting – December 21, 2022

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FUTURE AGENDA ITEMS – None
PUBLIC COMMENTS – None

ADJOURN
Mayor Widmer adjourned the meeting at 7:51 p.m.
________________________
Anthony Suber
City Clerk

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Item No. 3
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: JANUARY 18, 2023
SUBJECT: COUNCIL COMMITTEE ASSIGNMENTS

RECOMMENDATION
It is recommended that the Council receive and file the Mayor’s City Council Committee Assignments.

BACKGROUND
The newly selected Mayor reorganizes the City Council committees and regional assignments each January. A complete list of the 2023 Council assignments selected by Mayor Widmer is attached for reference.

ANALYSIS
None.

FISCAL IMPACT
None.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
There are no significant policy issues associated with this item. Councilmembers annually provide their preferred committee selections to the Mayor. The Mayor then makes appointments based on the preferred lists. All Town Committees, Regional agencies, and Ad Hoc Committees have been fully assigned.

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2023 Mayoral Committee Assignments
JANUARY 18, 2023

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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

1. 2023 Committee Assignments

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Friday, January 13, 2023
Atherton City Council
Committee and Regional Agency Assignments
Mayoral Assignments 2023
Board/Voting Representation Representative/Alternate
Association of Bay Area Governments (ABAG) Lewis/Hawkins Cal/Mod Local Agency Policy Maker Group Hawkins/Miles
City/Council Association of Governments (C/CAG) Lewis/DeGolia League of California Cities Miles/Hawkins
Library JPA Governing Board DeGolia/Widmer
Peninsula Clean Energy DeGolia/Widmer
Commute.org Lewis/Miles
San Francisco Airport Roundtable Miles/Hawkins
San Mateo County Emergency Services Council Hawkins/Lewis Liaison-Only Agencies or Groups Representative/Alternate Atherton Disaster & Preparedness Team (ADAPT) TBD
Grand Boulevard Task Force Miles/Lewis
Holbrook-Palmer Park Foundation Widmer/DeGolia
Menlo Park Fire District Hawkins/Lewis
San Mateo County Sub-Regional Housing Policy Advisory Widmer/DeGolia Town Committee Liaisons Representative/Alternate
Audit/Finance Committee Widmer/DeGolia
Bike/Ped Advisory Committee Miles/Widmer
Environmental Programs Committee Lewis/Hawkins
Park & Recreation Committee DeGolia/Widmer
Rail Committee Hawkins/Miles
Transportation Committee Widmer/Lewis
City Council Ad Hoc Subcommittees Members
Refuse Services Subcommittee (Standing) Widmer/DeGolia
Train Station Renovation Subcommittee Hawkins/DeGolia
Leaf Blower Subcommittee Hawkins/Widmer
100 Year Celebration Subcommittee Lewis/DeGolia

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Item No. 4
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: JANUARY 18, 2023
SUBJECT: 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)

RECOMMENDATION
It is recommended that the Town Council adopt the attached Resolution No. 22-XX, 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 in-person public meetings, and authorizing teleconference meetings of Town legislative bodies pursuant to Government Code section 54953(e).

BACKGROUND
The Town Council adopted Resolution 2021 – 15 pursuant to AB 361 to meet via teleconference on October 6, 2021. The City Council last met on December 21, 2022, ratified findings pursuant to AB 361 and certified the continuing emergency ratifying such rules and regulations. That Resolution has expired, and now, the Town Council must reevaluate its decision. The Governor's Proclamation of State of Emergency related to the COVID-19 virus pandemic remains in effect to this day in San Mateo County and statewide. The virus, and its variants, are highly transmissible when in close proximity to an infected person, no matter if the infected person is showing symptoms or not. Further, new variants of varying community impact and transmissibility are revealed each month the pandemic continues, most recently the Omicron/BA.2 subvariant.

Meeting in person imminently risks attendees' health and safety by necessitating attendees – Town officers, staff, and members of the public – be in close proximity to a potentially infected person, no matter if he or she is showing symptoms or not.

The proposed Resolution makes requisite findings to allow Town legislative body meetings to be held via teleconference pursuant to Government Code section 54953(e). Specifically, the resolution resolves for meetings to be conducted in either in a hybrid format or solely

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Certification of Continuing Emergency
JANUARY 18, 2023

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via teleconference, as determined by the legislative body in consideration of risks to attendee health and safety. In either option, the teleconference option is to be offered in conformity with requirements of Section 54953(e) to preserve public access and participation. The Council is to make the following findings as part of the resolution:

1. The Governor proclaimed a state of emergency on March 4, 2020 related to the COVID19 virus pandemic and that state of emergency remains active within the jurisdiction of the Town.

2. The Town Council has reconsidered the circumstances of the state of emergency.

3. The state of emergency continues to directly impact the ability of attendees to safely meet safely in person.

4. To decrease the risk to the health and safety of attendees, all meetings of Town legislative bodies shall be conducted in either a hybrid format with options for meeting attendees to appear in person, social distancing permitting, and via teleconference in accordance with Government Code section 54953(e) or in a solely teleconference format.

ANALYSIS
It is recommended that the Town Council pass the resolution and direct staff to take all actions necessary to effectuate its intent to hold all Town legislative body meetings in compliance with Section 54953(e).

If the Council does not pass the proposed resolution, all Town legislative bodies will be required to meet pursuant to traditional teleconference requirements – e.g. opening teleconference locations to the public, listing addresses on meeting agendas, quorum of members in the Town – because the Town's most recent resolution to meet via Section 54953(e) has expired as a matter of law.

FISCAL IMPACT
None.

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 policy issues are limited to the continuing emergency.

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Certification of Continuing Emergency
JANUARY 18, 2023

Page 3 of 3 ends

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

1. Resolution

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2238704.1 14537.001 1
RESOLUTION NO. 23-XX

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ATHERTON

RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR GAVIN NEWSOM (MARCH 4, 2020) AS APPLICABLE IN THE TOWN AND

AUTHORIZING TELECONFERENCE MEETINGS OF ITS LEGISLATIVE BODIES OF THE TOWN PURSUANT TO THE RALPH M. BROWN ACT

RECITALS
WHEREAS, the Town of Atherton ("Town") is committed to preserving and nurturing public access and participation at meetings of its Town Council and other Town legislative bodies; and
WHEREAS, all meetings of the Town's legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq. ("Brown Act"), so that any member of the public may attend, participate, and watch the Town's legislative bodies conduct their business; and
WHEREAS, section 54953(e)(1) provides a legislative body may meet via teleconference if the Governor has proclaimed a state of emergency pursuant to Government Code section 8625 and either (i) state or local officials have imposed or recommended measures to promote social distancing, (ii) the legislative body meets to determine by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (iii) the legislative body has voted as such and is meeting pursuant to that vote; and WHEREAS, a legislative body's decision to meet pursuant to section 54953(e) must be reevaluated and renewed at least every thirty (30) days, or else the body will be required to adopt new initial findings; and
WHEREAS, while a legislative body meets via teleconference pursuant to section 54953(e), it must take actions to preserve public access and public participation and give notice of the meeting and post agendas as otherwise required, allow members of the public to access the meeting via call-in line or internet-based service line, provide details on the agenda on how to access the meeting and give public comment, give 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 monitor the call-in line and 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; and
WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed a state of emergency pertaining to the threat to human health and safety posed by the COVID-19 virus pandemic and that proclamation remains in effect to this day in Solano County and statewide; and WHEREAS, the virus has short- and long-term effects – fever and chills, cough, shortness of breath and difficulty breathing, fatigue, headache, nausea, vomiting, gastrointestinal issues, loss

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2238704.1 14537.001 2
of taste and smell, death – and it's prolific spread is severely impacting the health care system, inhibiting access to care for COVID-19 symptoms and other ailments; and WHEREAS, the COVID-19 virus, and its variants, is spread through the air when a person who is carrying the virus, whether he or she is showing symptoms or not, is in close proximity to another person; and,
WHEREAS, while the COVID-19 virus remains present in the community, allowing members of the Town's legislative bodies and members of the public to meet virtually when cases have surged will reduce the risk of imminent risk to attendee health and safety beyond the control of Town services, personnel, equipment, and facilities; and, WHEREAS, pursuant to Government Code section 8635 et seq., the Council has the authority during a state of emergency to take all actions necessary to perform its functions in the preservation of law and order, preservation of the furnishing of local services, and protection of life and property, which includes the authority to direct meetings of all Town legislative bodies to be held via teleconference pursuant to this Resolution; and WHEREAS, the Council desires to ratify the Governor's March 4, 2020, proclamation of state of emergency related to the COVID-19 virus pandemic as it applies to the jurisdiction of the Town and authorize teleconference meetings of Town legislative bodies pursuant to section 54953(e), as long as all provisions of that section are followed to provide public access and opportunity for public comment; and
WHEREAS, the Town has taken and will continue to take measures to ensure access for the public, including by providing the public a call-in option and/or internet-based service option for all meetings of Town legislative bodies.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF ATHERTON DOES HEREBY RESOLVE AS FOLLOWS:

1. The recitals set forth above are true and correct and are incorporated herein by reference as if set forth in full.

2. The Governor's March 4, 2020 proclamation of state of emergency related to the COVID-19 virus pandemic applies to the jurisdiction of the Town and is re-ratified by the Town Council.

3. A state of emergency exists within the jurisdiction of the Town related to the COVID19 virus pandemic and the conditions of that emergency may present an imminent risk to the health and safety of attendees at Town legislative body meetings.

4. In order to decrease the risk to the health and safety of attendees to Town legislative body meetings, all meetings of Town legislative bodies shall be conducted in a hybrid format with an option for attendees to appear in person, social distancing permitting, or via a teleconference in accordance with Government Code section 54953(e) and staff

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2238704.1 14537.001 3
are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Section 54953(e) and other applicable provisions of the Brown Act.

5. This Resolution shall take effect immediately upon its adoption and be effective for thirty (30) days, unless the Council takes action to rescind the Resolution. On or before the 30th day since adoption, the Council may take action to extend the Resolution's permissions pursuant to Government Code section 54953(e)(3).

The foregoing Resolution was introduced at a regular meeting of the Town Council of the Town of Atherton held on January 18, 2023.

The motion was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Rick DeGolia, Mayor
ATTEST:

Anthony Suber, City Clerk,

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CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: STEVE McCULLEY, CHIEF OF POLICE
DATE: JANUARY 18, 2022
SUBJECT: SECOND READING AND WAIVE FUTURE READINGS OF AN

ORDINANCE AMENDING ATHERTON MUNICIPAL CODE
CHAPTER 8.16 RELATED TO NOISE CONTROL

RECOMMENDATION
Second reading and waive future readings of an Ordinance amending Atherton Municipal Code Chapter 8.16 related to Noise Control.

BACKGROUND
The Atherton community has a long history of social gatherings on private property and to this day, property owners will often host large events at their property with live music, DJs, tents, valet parking, and more. The various types of events encountered include weddings, birthday parties, fundraisers, and large dinner events. Large and small gatherings do have the potential to create noise levels which can be a nuisance and may cause a negative impact to our residents’ daily lives.

The current Atherton Municipal Code Noise Control Ordinance (Chapter 8.16) has been in place since 1999. The Ordinance provides very specific guidelines for allowed noise levels, exceptions to established noise levels, and enforcement of noise ordinance violations.

In July 2022, an Atherton resident sent an email to Councilmembers describing ongoing noise violation incidents involving their neighbor, highlighting a specific social gathering in June 2022.

In the email, the resident also made suggestions and recommendations for changes to the current noise control ordinance. Some of those suggestions were:
• Changing the penalty for violation from an infraction to a misdemeanor • Increase the fine amount for successive violations from the same property • Consider adopting a 2nd Response Ordinance to assess the property owner the Town’s cost of response to a non-compliant property
• Change the Social Gathering Time for event on Sundays to end at 8 pm (from 10 pm) Item No. 5
Town of Atherton

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Amending Atherton Municipal Code Chapter 8.16 Related to Noise Control 2nd Reading January 18, 2023

Page 2 of 3 ends

• Lower the Social Gathering Noise Limitation to 65 dBA (from 75)

ANALYSIS
During the November 16, 2022, Council meeting, the Council reviewed and discussed possible options to amend the current noise control ordinance. Council also received a noise level demonstration from an Atherton resident. As a result of the discussion and noise level demonstration, the Council provided the following direction to staff on requested amendments to the current noise control ordinance, Chapter 8.16:
- Provide a definition within the Ordinance for Social Gatherings. - Reduce the hours of exception for a Social Gathering exception on Sundays to 8 p.m. - Reduce the decibel level for noise from 10 pm to midnight for the Social Gathering exception to 70 dBA: and
- Amend the violations provisions to provide for more discretion in enforcement.

During the December 21, 2022, Council meeting, the Council had further discussion on an additional proposed change. The additional change was to reduce the Social Gathering dBA exception from 75 dBA to 70 dBA, Friday, and Saturday, from 10:00 am to midnight, and on Sunday, from 10:00 am to 8:00 pm. The Council’s final decision was to maintain the ordinance changes agreed to at the November 16, 2022, Council meeting.

Those changes, as recommended by the Council, are incorporated in the attached Ordinance for the second reading and adoption.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area B – Preserve Small Town Character and Quality of Life

FISCAL IMPACT
There is no fiscal impact to the Town.

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Amending Atherton Municipal Code Chapter 8.16 Related to Noise Control 2nd Reading January 18, 2023

Page 2 of 3 ends

as well as stakeholders – to include, but be not limited to, media outlets, school districts, Menlo Park Fire District, service providers (water, power, and sewer), and regional elected officials.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item ____ has or __X___ has not been before a Town Committee or Commission.

ATTACHMENTS
Attachment A – Amended Atherton Municipal Code Noise Control Ordinance (Chapter 8.16)

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ATTACHMENT 1
2321083.1 14537.001
ORDINANCE 657

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING CHAPTER 8.16 OF THE ATHERTON MUNICIPAL CODE
WHEREAS, the Town of Atherton ("Town") has adopted a Noise Control Ordinance to protect the peace, health and safety of its citizens from unnecessary and unreasonable noise; and,
WHEREAS, repeated of the Noise Ordinance continue to cause harm to the residents of the Town; and,
WHEREAS, the Town wishes to refine the definition Noise Control Ordinance to provide new policy guidance for social gatherings; and
WHEREAS, the Town wishes to provide a permitting process whereby excessive noise levels may be permitted in order to protect lives or property; and The City Council of the Town of Atherton does hereby ordain as follows:

Section 1. PURPOSE AND AUTHORITY
The purpose of this amendment is to amend Chapter 8.16 to expand the Town's Noise Control Ordinance to provide updated policy guidance for social gatherings, adopt a process for regulating excessive noise in order to protect the public welfare and the quiet enjoyment of property by neighbors while simultaneously allowing other property owners the ability to host events.

Section 2. AMENDMENTS TO ATHERTON MUNICIPAL CODE CHAPTER 8.16 Chapter 8.16 is to read as follows, with changes reflected in redline:

8.16.010 Declaration of policy.

In accordance with the Atherton General Plan, which seeks to maintain Atherton as “a rural residential area,” it is the policy of the Town to protect the peace, health, and safety of its citizens from excessive, unnecessary, and unreasonable noise produced by any person, machine, animal or device. It is further declared to the be the policy of this Chapter to assess complaints of noises alleged to exceed established noise levels from the property line of the complaining property.

8.16.020 Definitions.

As used in this chapter:

A. “A-weighted sound level” is the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

B. “Ambient” is the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

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ATTACHMENT 1
2321083.1 14537.001
C. “Construction” means the act or process of building including but not limited to site preparation, alteration, repair, remodeling, assembly, erection, or similar action, of buildings, structures, pavement, flat work and other works including the use of power equipment in connection with activities therewith. Construction activities do not include radios or other forms of amplified music on a construction site.

D. “Delivery” means delivery of building materials or equipment to any construction project.

E. “Emergency” means an unforeseen combination of circumstances which require immediate action.

F. “Noise disturbance” means any source of sound which exceeds the noise limitations permitted in Section 8.16.030 of this chapter. For purposes of this section, sources of sound shall include but not be limited to the following: amplified music, loudspeakers, radios, televisions, stereos, musical instruments, powered toys or models, swimming pools or spas, pile drivers, air compressors, paint sprayers, motors, pumps, blowers, air conditioners, cooling towers, ventilating fans, fork lifts, loaders, tractors, animals, concerts, mechanical equipment, human voices, electrical appliances, vacuum cleaners, powered equipment, chain saws, motor vehicles and attached equipment not operated on a street or highway.

G. “Noise level” means the maximum continuous sound level or repetitive peak level measured using the “A” scale set on “slow.”
H. “Precision sound level meter” means a device for measuring sound pressure level in decibel units according to the American National Standards Institute Type 1 or Type 2 measuring instruments.

I. “Sound level” shall be expressed in decibels (dBA) as defined by the American National Standards Institute using the A-level scale.

J. “Vehicle” means any device by which any person or property may be propelled, moved or drawn upon a highway or street or private property.

K. “Social Gathering” means a gathering at a residential unit or other private premises, including but not limited to Accessory Dwelling Units, of 10 or more persons who have assembled from different households for social or other community activities.

8.16.030 Basic noise regulation.

Except as otherwise permitted under this chapter, no person shall cause and no property owner, tenant, or other agent shall permit on such owners’ property, a noise produced by any person, machine, animal or device, or any combination thereof, in excess of the sound level limits set forth in this section to emanate from any property, public or private, beyond the property line. Any sound in excess of the sound level limits set forth in this section shall constitute a noise disturbance. For purposes of determining sound levels, sound level measurements shall be made at the outside perimeter of the complaining property.

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ATTACHMENT 1
2321083.1 14537.001
Sound Level Limits
7 a.m. to 10 p.m. 60 dBA
10 p.m. to 7 a.m. 50 dBA
A. In the event the alleged offensive noise contains a steady, audible tone, such as a whine, beating, pulsating, throbbing, or hum, the standards set forth in Section 8.16.030 shall be reduced by five (5) dB.

B. In the event the ambient sound level equals or exceeds the sound level limit then the limit shall be five (5) dBA over the ambient.

8.16.040 Noise disturbance prohibited.

A. Any and all excessively annoying, loud or unusual noises or vibrations (as measured by the sound level limits set forth in Section 8.16.030) that offend the peace and quiet of persons of ordinary sensibilities and which interfere with the comfortable enjoyment of life or property and affect at the same time an entire neighborhood, or any considerable number of persons shall be considered a noise disturbance and are prohibited.

B. It shall be unlawful to create, permit, allow, or maintain a noise disturbance in the Town of Atherton.

8.16.050 Special provisions and exceptions.

The basic noise regulation specified in Section 8.16.030 may be exceeded without permit in any instances listed below. At all other times, noise shall not exceed the basic noise regulation established in Section 8.16.030:

A. Construction.

1. Construction and delivery are exempt from the basic noise regulation during the times and on the days when construction activities are allowed pursuant to the terms and provisions of Chapter 15.40.

2. Residents/property owners when personally operating equipment are exempt from the basic noise regulation when they are personally undertaking construction activities to maintain or improve their property on Saturdays, Sundays, or holidays between the hours of ten a.m. and five p.m. Such activities are restricted to the use of hand and power tools only.

B. Power Garden Equipment

1. Power garden equipment including but not limited to, leaf-blowers, vacuums, power mowers, rototillers, and other similar equipment are exempt from the basic noise regulation

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ATTACHMENT 1
2321083.1 14537.001
between the hours of eight a.m. and six p.m. Monday through Friday, ten a.m. and five p.m. on Saturday and ten a.m. and three p.m. on Sunday.

2. Heavy duty equipment including but not limited to wood-chippers, chainsaws, stumpremovers and other similar equipment are exempt from the basic noise regulation between the hours of eight a.m. and five p.m. Monday through Friday only.

3. All garden, maintenance and construction equipment used in the town must be equipped with a muffler where applicable and be in good repair.

C. Motor Vehicles. Motor vehicles may be operated on public streets and highways within the town in accordance with the noise emission standards prescribed by the state Vehicle Code. It is the Town’s policy that all sworn personnel be trained in the enforcement of this section of the Vehicle Code.

D. Social Gatherings. The noise from Social Gatherings may exceed the basic noise regulation only as specified below, and only during the following days and times. Noise shall be measured from the property line of the complaining property.
— Fridays, Saturdays, and Holidays, 10:00 am to 10:00 pm - noise shall not exceed 75 dBA
— Fridays and Saturdays, 10:00 pm to midnight - noise shall not exceed 70 dBA — Sundays, 10:00am to 8:00 pm - noise shall not exceed 75 dBA E. Animals. Sounds from animals are exempt unless such animal howls, barks, meows, squawks, or makes other noises continuously and/or incessantly for a period of five minutes or intermittently for one-half hour.

F. Emergency and Safety Devices. The provisions of this chapter shall not apply to:

1. The emission of sound for the purpose of alerting persons to the existence of an emergency;

2. The emission of sound in the performance of emergency response; or

3. The emission of sound in connection with the protection of the health and safety of Atherton residents or their property during emergency conditions. Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, shall be exempted from the provisions of this chapter.

G. Little League Field at Holbrook-Palmer Park. Unless allowed by a permit to the contrary, the noise from practice and games at the Little League Field at Holbrook-Palmer Park may exceed the basic noise regulations during the Little League season between the hours of four-thirty p.m. to seven-thirty p.m. weekdays and eight forty-five a.m. to four-thirty p.m. Saturdays only. The

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ATTACHMENT 1
2321083.1 14537.001
noise levels produced by such games shall not exceed seventy-five dBA when measured at the property line of a complaining property.

H. Governmental Activities. Any noise sources associated with official governmental activities, including but not limited to tree and park maintenance, road work, or meetings, shall not be subject to the noise standards herein.

8.16.060 Aircraft regulations.

It shall be the policy of the town to work with nearby communities and other interested agencies to bring about a reduction of noise levels by private, military, public and commercial airplanes and helicopters.

8.16.070 Administration.

The provisions of this chapter shall be administered by the chief of police and his or her authorized representatives, except where expressly provided otherwise. All other officers and employees of the Town shall assist and cooperate in the administration and enforcement of this chapter.

8.16.080 Violations.

A. Upon the receipt of a complaint from any person, the chief of police or his or her designee may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this Chapter. If such officer(s) have reason to believe that any provision(s) of this chapter has been violated, they may cause written notice to be served upon the alleged violator. Such notice shall specify the provision(s) of this chapter alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection and may include an order that corrective action be taken within a specified time. If corrective action is not taken within specified time as specified in the written notice, the violation may constitute a misdemeanor.

B. Notwithstanding any contrary provision of this code, each fifteen (15) minute period that a violation of this Chapter occurs shall constitute a separate violation and be subject to an administrative penalty of one thousand dollars ($1,000.00) for each offense.

8.16.100 Penalties.

A. When a Social Gathering occurs at a premise and a police officer at the scene determines that there is a violation of this Chapter, the person(s) in charge of the premises and the person(s) responsible for the event, or if any of those persons are minors, then the parent(s) or guardian(s) of those minors will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the department to respond to such events. First time violators will be warned; upon subsequent violations of the provisions of this chapter, the police personnel utilized during a second response after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the services normally provided.

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ATTACHMENT 1
2321083.1 14537.001
B. No fee shall be assessed unless a written warning has been issued by police personnel during the first response.

C. The expense of services provided by special security assignment officers may be charged against the property owner and/or person liable for the expenses under this section. The charge constitutes a debt of that property owner and person to the city, jointly and severally, and is collectible by said city in the same manner as in the case of an obligation under a contract, express or implied.

Section 3. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. To the extent that prior Town ordinances governed any portion of this Ordinance held invalid, such prior Town ordinances shall again become effective if any portion of this Ordinance is held invalid.

Section 4: EFFECTIVE DATE
This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.

Introduced on the ___ day of ____________________, 2022.

Passed and adopted as an ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of __________________, 2022 by the following vote:

Ayes:

Noes:

Abstentions:
______________________________
Mayor Rick DeGolia
ATTEST:
______________________________
Anthony Suber, City Clerk/ACM

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Item No. 6
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: JANUARY 18, 2023
SUBJECT: APPROVE THE SETTLEMENT AGREEMENT WITH S.J.

AMOROSO CONSTRUCTION, INC. FOR TOWN CENTER

PROJECT CLOSE-OUT

RECOMMENDATION
Approve the attached Settlement Agreement with S.J. Amoroso Construction, Inc. (SJA) for the Town Center Project Close-Out.

BACKGROUND
Staff has been working with SJA to finalize several remaining disputed change orders as well as a Time and Impact Claim related to various late-pandemic supply chain and other manufacturing delays that were not anticipated with the original COVID-19 extension. Together, the disputed items totaled just over $2 million, according to SJA's calculations.

The original contract completion date was extended to late 2021 for various reasons, but due to compensable and non-compensable delays, the Town did not take full occupancy of the Town Center until June 2022. That occupancy and completion is still within the Construction Time Limit window for a project of this size. Despite that we have since occupied the Town Center , there was remedial work remaining due to Town-added changes and even today, the doors for the Historic Council Chambers remain on back order with the supplier, and they are not anticipated to be delivered and installed until early Spring. SJA is entitled to reasonable time and overhead for the additional work and delays and associated compensation for some portions of the disputed change orders.

ANALYSIS
Now that the project is substantially complete, staff has been working with SJA on a global settlement releasing all claims, settling any disputed change orders, and addressing any Time and Impact Claims.

Staff worked with SJA to settle the various outstanding changes orders to include $549k in final

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SJA SETTLEMENT AGREEMENT
JANUARY 18, 2023

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change orders as part of the library and $376k for the Town (total $925k). These final change orders related to ceiling fans, mechanical piping and duct work, heat pump relocation, and Cat6A wiring. The approved change orders were within the City Manager's approval authority and within the Town's contingency for the overall project. As part of the negotiation, SJA ultimately reduced the overall cost of the change orders and withdrew the Time and Impact Claim entirely in exchange for the Town extending the project completion date for the Historic Council Doors and not seeking liquidated damages. The Council will need to approve the negotiated agreement and, when the Council doors are ultimately delivered and installed, extend the project timeline as part of the final Notice of Completion.

The negotiated agreement is a successful conclusion of the project.

FISCAL IMPACT
Approval of the final $925,000 of Change Orders, approved by the City Manager as part of the project Close Out. The approved change orders were within the City Manager's approval authority and within the Town's contingency for the overall project.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area A – Maintain Fiscal Responsibility
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The Council policy focus should be on the successful completion of the Town Center Project.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS

1. Settlement Agreement with SJA

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CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: STEVEN D. MCCULLEY, CHIEF OF POLICE
DATE: JANUARY 18, 2023
SUBJECT: INTRODUCTION FOR 1ST READING AND WAIVE FUTURE
READINGS TO AMEND TITLE 9 OF THE ATHERTON
MUNICIPAL CODE TO ADOPT CHAPTER 9.18 RELATED TO

TARGETED RESIDENTIAL PICKETING

RECOMMENDATION
Introduce for 1st reading and waive future readings of an Ordinance of the Atherton Municipal Code Chapter 9.18 related to Targeted Residential Picketing.

BACKGROUND
During the last two weeks of November 2022, and the first two weeks of December 2022, organized protestors demonstrated in front of a residence located on Carolina Avenue in Atherton. The protests took place daily for up to 8 hours per day. A former business partner of the resident on Carolina Avenue is in a dispute with the resident and hired the protestors to picket and target the resident and his family.

The resident feared for his safety, the safety of his family, and temporarily moved from their residence during these protests.

ANALYSIS
Under the First Amendment to the United States Constitution, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” There is a balance of the right to exercise free speech through public protests and the basic rights of residents to feel safe, secure, and to protect the peace and tranquility in their homes.

The purpose of this amendment is to amend Title 9 of the Atherton Municipal Code to adopt Chapter 9.18 Targeted Residential Picketing, in order to protect the peace and tranquility of Atherton residents in their homes. This is a content-neutral, narrowly tailored time, place, and Item No. 7
Town of Atherton

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Adopt Chapter 9.18 of the Atherton Municipal Code related to Targeted Residential Picketing January 18, 2023

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manner restriction on picketing in a limited public forum that will preclude picketers from targeting individual residences by remaining at least 300 feet from any individual residence, while leaving open ample alternative channels for communication available to picketers. Chapter 9.18 additionally creates a private right of action enabling persons aggrieved by targeted picketing to bring an action against any person who has violated, conspires, or proposes to violate acts prohibited under Chapter 9.18 and recover an award of a civil penalty of up to one thousand dollars, as well as costs and reasonable attorneys' fees.

RECOMMENDATIONS
Staff recommends amending Title 9 of the Atherton Municipal Code and adopt Chapter 9.18 related to targeted residential picketing.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area B – Preserve Small Town Character and Quality of Life • Goal Area D – Managing Circulation and Improve

FISCAL IMPACT
There is no fiscal impact related to the adoption of this ordinance.

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 not limited to, media outlets, school districts, Menlo Park Fire District, service providers (water, power, and sewer), and regional elected officials.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item ____ has or __X___ has not been before a Town Committee or Commission. ____ Audit/Finance Committee (meets every other month)
____ Bicycle/Pedestrian Committee (meets as needed)
____ Civic Center Advisory Committee (meets as needed)
____ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
____ Planning Commission (meets each month)
____ Rail Committee (meets every other month)

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Adopt Chapter 9.18 of the Atherton Municipal Code related to Targeted Residential Picketing January 18, 2023

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____ Transportation Committee (meets every other month) ____ Tree Committee (meets each month)

ATTACHMENTS
Attachment A - Atherton Municipal Code Targeted Residential Picketing Ordinance (Chapter

9.18)

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ATTACHMENT 1
2328640.2 14537.001
ORDINANCE 658

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON ADOPTING CHAPTER 9.18 TARGETED RESIDENTIAL PICKETING
WHEREAS, the Town of Atherton ("Town") has a duty to protect public peace, welfare and tranquility of its residents, and;
WHEREAS, the targeted picketing of individual residences in the Town of Atherton is an imminent threat to public peace, welfare and tranquility of the residents of the Town of Atherton, and;
WHEREAS, the Town has the authority to enforce a content-neutral, narrowly-tailored, time, place and manner restriction on picketing in a limited public forum to protect the peace, welfare and tranquility of its residents while leaving open ample alternative channels for communication available to picketers; and,
WHEREAS, the Town wishes to protect its residents from the targeted picketing of their personal residences;
The City Council of the Town of Atherton does hereby ordain as follows:

Section 1. PURPOSE AND AUTHORITY
The purpose of this amendment is to amend Title 9 of the Atherton Municipal Code to adopt Chapter 9.18 Targeted Residential Picketing, in order to protect the peace and tranquility of Atherton residents in their homes. This is a content-neutral, narrowly-tailored time, place and manner restriction on picketing in a limited public forum that will preclude picketers from targeting individual residences by remaining at least 300 feet from any individual residence, while leaving open ample alternative channels for communication available to picketers. Chapter 9.18 additionally created a private right of action enabling persons aggrieved by targeted picketing to bring an action against any person who has violated, conspires or proposes to violate acts prohibited under Chapter 9.18 and recover an award of a civil penalty of up to one thousand dollars, as well as costs and reasonable attorneys' fees.

Section 2. ADOPTION OF CHAPTER 9.18 OF THE ATHERTON MUNICIPAL CODE Title 9 is amended to include Chapter 9.18, which reads:

Chapter 9.18

TARGETED RESIDENTIAL PICKETING
Sections:

9.18.010 Targeted residential picketing prohibited.

9.18.020 Picketing before or about a residential dwelling prohibited.

9.18.030 Private right of action.

9.18.010 Targeted residential picketing prohibited.

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ATTACHMENT 1
2328640.2 14537.001
A. No person shall engage in picketing activity that is targeted at and is within three hundred feet of a residential dwelling.

B. For purposes of this chapter, the term "residential dwelling" means any permanent building being used by its occupants solely for non-transient residential uses.

C. For purposes of this chapter, the term "targeted" picketing means picketing activity that is targeted at a particular residential dwelling and proceeds on a definite course or route in front of or around that particular residential dwelling.

D. This chapter does not and shall not be interpreted to preclude picketing in a residential area that is not targeted at a particular residential dwelling.

9.18.020 Picketing before or about a residential dwelling prohibited.

A. It is unlawful for any person to engage in picketing before or about a residential dwelling of any individual in the Town of Atherton.

B. Enforcement of this section shall be limited to those situations where the picketing proceeds on a definite course or route in front of a residential dwelling and is directed at that residential dwelling.

C. This section does not and shall not be interpreted to preclude general marching through residential neighborhoods.

9.18.030 Private right of action.

A. Any person who is aggrieved by an act prohibited by this chapter may bring an action for damages, injunctive and/or declaratory relief, as appropriate, in a court of competent jurisdiction against any person who has violated, has conspired to violate, or proposes to violate the provisions of this chapter.

B. Any aggrieved person who prevails in such an action shall be entitled to recover from the violator those damages, costs, reasonable attorneys' fees and such other relief as determined by the court. In addition to all other damages or relief, the court may award to the aggrieved person a civil penalty of up to one thousand dollars for each violation of this chapter.

C. The remedies provided by this chapter are in addition to any other legal or equitable remedies the aggrieved person may have and are not intended to be exclusive.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be unconstitutional or otherwise invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the town of Atherton hereby declares that it would have adopted the remainder of this chapter, including each section, subsection, sentence, clause, phrase or portion irrespective of the invalidity of any other article, section, subsection, sentence, clause, phrase or portion.

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ATTACHMENT 1
2328640.2 14537.001
circumstances shall not be affected thereby. To the extent that prior Town ordinances governed any portion of this Ordinance held invalid, such prior Town ordinances shall again become effective if any portion of this Ordinance is held invalid.

Section 4: EFFECTIVE DATE
This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.

Introduced on the ___ day of ____________________, 2023.

Passed and adopted as an ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of __________________, 2023 by the following vote:

Ayes:

Noes:

Abstentions:
______________________________
Mayor Bill Widmer
ATTEST:
______________________________
Anthony Suber, City Clerk/ACM

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Item No. 8
Town of Atherton
2299101.1 14537.002
CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: MIKE GREENLEE, BUILDING OFFICIAL
DATE: JANUARY 18, 2023
SUBJECT: ADOPTION OF AN ORDINANCE TO AMEND CHAPTER 15.19 OF THE

ATHERTON MUNICIPAL CODE BY AMENDING AND ADOPTING
THE 2022 CALIFORNIA GREEN BUILDING CODE AND AN EV

CHARGING AND ALL ELECTRIFICATION REACH CODES, WITH

EXCEPTIONS

RECOMMENDATION
City Council to consider Amending Chapter 15.19 of the newly adopted ordinance of the Atherton Municipal Code and by adopting the 2022 California Green Building Code and an EV Charging and All Electrification Reach Codes with exceptions. Direct the Building Official to file the amendments with State of California as required by law.

BACKGROUND
On November 3, 2021, a Study Session was held with representatives from PCE and TRC to discuss the options of an all-electric reach codes and EV Charging ordinance. On February 16, 2022 at the Regular City Council Meeting, the Council discussed the different options that could be considered for adoption.

City Council gave direction to draft an ordinance for an All-Electric Reach Codes with exceptions and for EV Charging and return the Ordinance to the Council in October, to coincide with adoption of the 2022 Edition of the California Green Building Code.

On November 16, 2022, at the City Council approved and adopted the All-Electric Reach Codes with exceptions and for EV Charging Ordinance. The Ordinance became effective 30-days following the November 2nd Reading. However, following adoption, there was a request by the Mayor to allow the City Council to consider additional exceptions to the Ordinance as it relates to new Accessory Dwelling Units (ADUs) constructed on properties that have an existing singlefamily residence, for a limited time period, in order to support the Town’s efforts to encourage the production of new ADUs.

ANALYSIS

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All-Electric Required Reach Code
January 18, 2023

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2299101.1 14537.002
The Ordinance, as adopted and currently in effect defines “Newly Constructed” as a newly constructed building (or new construction) and one that does not include additions, alterations, or repairs. The Ordinance requires that all newly constructed buildings and ADUs, Guest Houses, Pool Houses, and Cabanas be all-electric buildings. Renovations, additions, alterations, or repairs to ADUs are not required to be all-electric.

The concern raised was that the cost to add a newly constructed, all-electric ADU to an existing single-family home may be a deterrent and may undermine the Town’s Housing Element objectives for development of new ADUs.

To address this concern, staff prepared the attached amendment for Council’s consideration. The amendment adds the following to the exemption clarifications that would be effective for any building permit that is approved until December 31, 2023:
• Newly constructed Accessory Dwelling Units (ADU’s) on properties that have an existing Single-Family Residence that want to construct a newly ADU on their property may be electric and or gas.
• Newly constructed Accessory Dwelling Units (ADU’s), Guest Houses, Pool Houses, and Cabanas on residential full development projects shall be All-Electric.

The Council may accept or change the exceptions and requirements noted above.

FISCAL IMPACT
No significant fiscal impact at this time.

ENVIRONMENTAL ANALYSIS
This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15308 as "Actions by Regulatory Agencies for the Protection of the Environment."

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal E – Strengthen Community Engagement and Transparency • Goal F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The Council’s policy discussion should revolve around adoption of the Reach Codes as mandates and the level or number of exceptions to be provided, if any.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL

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All-Electric Required Reach Code
January 18, 2023

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2299101.1 14537.002
This item ____ has or ____ has not been before a Town Committee or Commission. ____ Audit/Finance Committee (meets every other month)
____ Bicycle/Pedestrian Committee (meets as needed)
____ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
____ Planning Commission (meets each month)
____ Rail Committee (meets every other month)
____ Transportation Committee (meets every other month)

ATTACHMENTS
Exhibit A – Ordinance No. 2022-656 Amending Chapter 15.19 of the Atherton Municipal Code

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ATTACHMENT 1
2299195.1 14537.002
ORDINANCE 656

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING CHAPTER 15.19 OF THE ATHERTON MUNICIPAL CODE BY ADOPTING THE 2022

CALIFORNIA GREEN BUILDING CODE BY REFERENCE, AS AMENDED BY LOCAL

REACH STANDARDS WITH EXCEPTIONS
WHEREAS, the Town of Atherton ("Town") has adopted the 2019 California Green Building Code, and
WHEREAS, the California Building Standards Commission ("BSC") has updated the 2019 California Green Building Code, releasing the 2022 California Green Building Code, which takes effect on January 1, 2023; and
WHEREAS, the Town has an interest in protecting the environment by reducing fossil fuel use; and
WHEREAS, the Town wishes to reduce fossil fuel use by supporting Electric Vehicle ("EV") infrastructure; and
WHEREAS, the Town wishes to reduce fossil fuel use in residential and commercial new construction; and
WHEREAS, the Town reserves the authority to regulate building code within Town limits to provide for the welfare of its residents by reducing fossil fuel usage; and WHEREAS, On November 3, 2021 a Study Session was held with representatives from Peninsula Clean Energy ("PCE") and TRC to discuss the options of an all-electric reach codes and EV Charging ordinance; and
WHEREAS, the City Council wishes to adopt All-Electric Reach Codes with exceptions, The City Council of the Town of Atherton does hereby ordain as follows:

Section 1. PURPOSE AND AUTHORITY
The purpose of this amendment is to expand the Town's Green Building Code (Chapter 15.19) to adopt the most recent 2022 California Green Building Code and incorporate local All-Electric Reach Standards with exceptions, and EV Charging standards.

Section 2. AMENDMENTS TO ATHERTON MUNICIPAL CODE CHAPTER 15.19 Chapter 15.19 is amended to read:

15.19.010 Adoption of the California Green Building Code, 2022 Edition.

That certain document, one copy of which is on file in the office of the building official of the town, being marked and designated as the “2019 California Green Building Standards Code or CalGreen,” as published by the California Building Standards Commission and identified as California Code of Regulations, Title 24, Part 11, is adopted as the green building code for the town regulating improving public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact

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ATTACHMENT 1
2299195.1 14537.002
or positive environmental impact for all buildings and structures and each and all of the regulations, provisions, and penalties of such 2019 California Green Building Standards Code, are referred to, adopted and made a part of this chapter as if fully set out in this chapter, subject to the amendments, deletions and additions thereto, as provided in this chapter. Effective January 1, 2023, the 2022 Edition of the California Green Buildings Standards Code shall replace the 2019 version and be adopted unless amended, as set forth in this chapter. To the extent that language or standards in CALGreen are incongruent with the language in this chapter, the language in this chapter is controlling, to the extent permitted by California state law.

15.19.020 Permit fees.

Permit fees are established and amended by resolution of the city council.

15.19.030 All-Electric Reach Standards.

Part 11 – California Green Building Code (CALGreen)
CHAPTER 2 DEFINITIONS
ADDITION. An extension or increase in floor area of an existing building or structure.

ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.

ALTERATION OR ALTER. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

FUEL GAS. A gas that is natural or manufactured, including liquefied petroleum, or a mixture thereof.

NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building (or new construction) does not include additions, alterations, or repairs.

CHAPTER 4 – RESIDENTIAL MANDATORY MEASURES
Division 4.1 PLANNING AND DESIGN
SECTION 4.106

SITE DEVELOPMENT

4.106.5 All-electric buildings. New construction buildings shall comply with Section 4.106.5.1

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ATTACHMENT 1
2299195.1 14537.002
or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

4.106.5.1. New construction. All newly constructed buildings and Accessory Dwelling Units, Guest Houses, Pool Houses, and Cabanas shall be All-Electric buildings.

Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.

Exceptions:

1. Residential Buildings may contain non-electric indoor and outdoor cooking appliances, fireplaces, and outdoor firepits.

2. Until January 1, 2024, newly constructed Accessory Dwelling Units (ADU’s) on properties that have an existing Single-Family Residence that wants to construct a newly ADU on their property may be electric and or gas.

3. Newly constructed Accessory Dwelling Units (ADU’s), Guest Houses, Pool Houses, and Cabanas on residential full development projects shall be All-Electric. Beginning, January 1, 2024, all newly constructed ADUs, Guest Houses, Pool Houses, and Cabanas shall be All-Electric.

4. Emergency Generators may utilize fuel gas.

5. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building system under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance Standard applicable to the building under the Energy Efficiency Standards using Commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section

4.106.5.2.

Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

Town of Atherton shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

4.106.5.2 Requirements for combustion equipment.

Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future

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ATTACHMENT 1
2299195.1 14537.002
installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e., “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

CHAPTER 5 – NONRESIDENTIAL MANDATORY MEASURES
Division 5.1 PLANNING AND DESIGN
SECTION 5.106 - SITE DEVELOPMENT

5.106.13 All-electric buildings. New construction buildings shall comply with Section

5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.

5.106.13.1. New construction. All newly constructed nonresidential buildings shall be allelectric buildings.

Exceptions:

1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install commercial food heat-processing equipment served by fuel gas. The local enforcing agency may grant the modification if they find:

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ATTACHMENT 1
2299195.1 14537.002
a. The need cannot be achieved equivalently with an electric heating appliance; and b. The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available.

The applicant shall comply with Section 5.106.13.2.

2. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building system under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 5.106.13.2

5.106.13.2. Requirements for combustion equipment.

Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

15.19.040 Electric Vehicle Standards.

Section 202 Definitions:

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ATTACHMENT 1
2299195.1 14537.002
AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking.

Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduits shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
ii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iii. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
iv. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

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ATTACHMENT 1
2299195.1 14537.002
LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

OFF-STREET LOADING SPACES. An area, other than a public street, public way, or other property (and exclusive of off-street parking spaces), permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas. Whenever the term "loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space. This excludes designated passenger loading/unloading.

SECTION 301

GENERAL
301.1 Scope.
301.1.1 Additions and alterations. [HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alteration increases the building’s conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration. (No change to existing California amendment.)
The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings.

The mandatory provisions of Section 5.106.5.3 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing nonresidential buildings.

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ATTACHMENT 1
2299195.1 14537.002
NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.

DIVISION 4.1, PLANNING AND DESIGN
SECTION 4.106

SITE DEVELOPMENT

4.106.4 Electric vehicle (EV) charging. Residential construction shall comply with Section

4.106.4.1 or 4.106.4.2, and 4.106.4.3, to facilitate future installation and use of EV chargers.

Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1.1. Where there is no local utility power supply, or the local utility is unable to supply adequate power.

1.2 Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. ADUs and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.

4.106.4.1 One- and two-family dwellings and townhouses with attached private garages.

4.106.4.1.1 New Construction. One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.

4.106.4.1.2. Existing Building. Parking additions or electrical panel upgrades must have reserved breaker spaces and electrical capacity according to the requirements of 4.106.4.1.1.

NONRESIDENTIAL MANDATORY MEASURES

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ATTACHMENT 1
2299195.1 14537.002
SECTION 5.106

SITE DEVELOPMENT

5.106.5.3 Electric vehicle (EV) charging. Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared Parking Space.

5.106.5.3.1.1 New Construction. Twenty percent (20%) of parking spaces shall be EVCS with Level 2 EV Read. ALMS shall be permitted to reduce load when multiple vehicles are charging. Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.1.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready. Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.

5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.

5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

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ATTACHMENT 1
2299195.1 14537.002

5.106.5.3.3.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready. Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.

5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

5.106.5.4 Electric vehicle charging readiness. Construction shall comply with Section

5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE).

Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavyduty EVSE. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

Section 4: EFFECTIVE DATE
This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force on January 1, 2023.

Introduced on the ___ day of ____________________, 2022.

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ATTACHMENT 1
2299195.1 14537.002
Passed and adopted as an ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of __________________, 2022 by the following vote:

Ayes:

Noes:

Abstentions:
______________________________
Mayor Rick DeGolia
ATTEST:
______________________________
Anthony Suber, City Clerk/ACM

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Item No. 9
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
DATE: JANUARY 18, 2023
SUBJECT: CONSIDERATION OF AN APPOINTMENT TO THE BICYLE AND

PEDESTRIAL COMMITTEE

RECOMMENDATION
Review one applicant for two (2) vacant seats on the Bicycle and Pedestrian Committee and appoint them to the latest term expiring June 2026.

BACKGROUND
Staff has conducted a continuous recruitment for vacant seats on several Town Committees. The Bicycle and Pedestrian Committee has had 2 vacant seats since June 2022. We currently have vacant seats on the following committees:
• Bicycle and Pedestrian Committee (2 Vacancies)
• Environmental Programs Committee (2 Vacancies)
• Transportation Committee (1 Vacancy)
Bicycle and Pedestrian (2)
The Bicycle and Pedestrian Committee has two (2) vacancies. One seat is for a term expiring June 30, 2023 and the other is for a term expiring June 30, 2026.

We received (1) applicant:
· Raymond Juballa
Appointment Process
The Bicycle and Pedestrian Committee has only one applicant for 2 open seats. It is recommended that the Council consider the appointment to the Committee by making a motion for the applicant and the City Clerk will conduct a roll call vote. If the candidate receives a majority vote the seat will be filled. If the candidate does not receive a majority vote the Council can direct staff to continue the recruitment for the vacant seat.

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BPAC Appointment
January 18, 2023

Page 2 of 3 ends

Staff recommends appointing the applicant to the latest expiring term available, which is June 2026.

FISCAL IMPACT
None.

POLICY FOCUS
The Council is not obligated to appoint any of the candidates to any of the positions and may choose to extend the candidate recruitment process as it deems necessary. The Council reserves complete discretion in appointments.

Town Commissions and Committees represent a key component of civic engagement within the community. The participation of the members is a vital part of the Town’s public engagement and review process. These groups have the ability to gather public input on an issue and provide feedback and recommendations to the City Council for consideration.

When evaluating applicants for Commissions and Committees, the City Council should consider the role of each committee, the amount of oversight needed, cost effectiveness, efficiency in decision-making, and the desire of the City Council for direct policy involvement on particular issues.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS

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BPAC Appointment
January 18, 2023

Page 3 of 3 ends

1. Committee Application

2. Commission and Committee Roster

3. Resolution No. 2022-24 Governing Committees

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From: [email protected]
To: Anthony Suber; Francesca Reyes
Subject: Online Form Submittal: Application for Town Committee/Commission Date: Tuesday, January 3, 2023 9:59:18 AM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Application for Town Committee/Commission
Name Raymond Juballa
Address Atherton, CA 94027
Phone Number
Email Address
Commission/Committee
of Interest
Bicycle and Pedestrian Committee
Education - B.S. in Entrepreneurship & Innovation, minor in Political Science at Menlo College, expected 2023
- A.S. in Computer Drafting at College of San Mateo
List your civic
affiliations and
community activities,
including service on
other commissions and
committees?
- Board of Directors for San Mateo County Event Center (2021 - Present)
- Finance Committee for San Mateo County Event Center (2021 - Present)
- Student Body President for Menlo College (2022 - Present) - Member of the San Mateo County Junior Fair Board (2014 - 2017)
- 4-H All Star Ambassador, San Mateo County (2014 - 2016) - 4-H Youth Development Program Adult Volunteer (2016 - Present)
- 4-H Youth Development Program (2006 - 2016)
Describe your
understanding of the
responsibilities of the
commission or
committee that you are
applying for and how
your personal,
community or
professional experience
relate to these
responsibilities?
I understand that one of the expectations for this committee is to make recommendations regarding bicycle and pedestrian paths to improve the lives of the Atherton community. These
recommendations will be presented at the City Council meetings to be voted on and then funded. This committee is also
responsible for communicating with the city staff and ensuring the upkeep and maintenance of these projects after having been implemented. Finally, it is the committee’s responsibility to promote healthy living through the use of the opportunities and benefits that bicycling and walking offer to the Atherton community. My history on the San Mateo County Junior Fair Board as well as my years as a youth leader through the 4-H organization gave me the knowledge and experiences needed to

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be considered for and be appointed to the Board of Directors for the San Mateo County Event Center. All this has prepared me to be a contributing member on this committee.

Describe why you want
to serve on this
commission and what
you hope to accomplish
as a member?
This committee attracted my attention in that I am minoring in Political Science at Menlo College and am interested in public policy. As an ambassador for 4-H and as the student body president I have learned to gather the desires of my constituents and represent their views. I see participating on this committee as an opportunity to apply these skills and learn more about city governing. As a student, I understand the importance of transportation by other means rather than by car. Students represent a large number of pedestrians and bike riders in Atherton and I would like to ensure their views are shared.

Additional Information
you would like to add?
I am from a multi-cultural and multi-ethnic adoptive family from San Mateo County, have lived overseas, studied both Spanish and Chinese in immersion programs, and have recently become disabled and mobility challenged. With these life experiences, I can offer empathy and representation for multiple groups, including the generally overlooked or unrepresented.

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Audit and Finance Committee
Name Appointment Expiration
Walter Sleeth 6/2020 6/2023
Thomas Hill 1/2022 6/2026
Devika Patil 6/2021 6/2025
Kate Scolnick 6/2020 6/2024
Ann Yvonne Walker 6/2021 6/2025
Bicycle and Pedestrian Committee
Name Appointment Expiration
VACANT 6/30/2023
Steve Baloff 6/2021 6/30/2025
VACANT 6/30/2026
Jerome Leugers 6/2019 6/30/2023
David Jones 6/2020 6/30/2024
Environmental Programs Committee
Name Appointment Expiration
VACANT 6/30/2025
Kenneth Frederick 6/2022 6/30/2026
Gregory Loew 6/2021 6/30/2023
VACANT 6/30/2023
Amy Farrell 6/2022 6/30/2024
Park and Recreation Committee
Name Appointment Expiration
Bob Roeser 10/2022 6/30/2026
Patricia Kubal 7/2022 6/30/2026
Alex Keh 6/2019 6/30/2023
Julianna Robertson 6/2019 6/30/2023
Noah Eisner 6/2022 6/30/2024
Frank Merrill 6/2022 6/30/2024
Walter Robinson 6/2021 6/30/2023
Planning Commission
Name Appointment Expiration
Randy Lamb 6/2019 6/30/2023
Eric Lane 6/2022 6/30/2026
Nancy Lerner 6/2020 6/30/2024
Perry Narancic 6/2019 6/30/2023
Gabia Konce 6/2021 6/30/2025
Rail Committee - Up To 7 Members
Name Appointment Expiration
Greg Conlon 6/2021 6/30/2025
John Maulbetsch 6/2019 6/30/2026
Jim Janz 6/2020 6/30/2024
Paul Jones 6/2019 6/30/2023
Alex Keh 6/2019 6/30/2023
Jack Ringham 6/2020 6/30/2024
Jim Massey 6/2021 6/30/2025
Transportation Committee
Name Appointment Expiration
Joseph Davis 6/2021 6/30/2025
VACANT 6/30/2026
Tom Owen 6/2020 6/30/2024
Sriram Lyer 6/2020 6/30/2024
Christine David 4/2021 6/30/2023
Commissions & Committees Roster 2022-23

FOUNDATION APPOINTMENT

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Resolution No. 22-24 Page 1 of 12 October 19, 2022
RESOLUTION 22-24
AMENDS RESOLUTION 22-01
A Resolution of the City Council of the Town of Atherton Establishing and Governing Town Committees
Amended May 16, 2018
Amended May 15, 2019
Amended October 26, 2020
Amended September 15, 2021
Amended January 19, 2022
The City Council of the Town of Atherton hereby resolves as follows:

Section 1. Establishment of Committees
The following committees are established for the Town of Atherton:

1. Audit/Finance Committee

2. Environmental Programs Committee

3. Park and Recreation Committee

4. Rail Committee

5. Transportation Committee

6. Bicycle and Pedestrian Advisory Committee
Section 2. Committee Principles and Rules of Procedure
Principles: All committees shall follow the City Council Rules of Procedure, the Atherton Municipal Code, the Political Reform Act, and the provisions of the California Open Public Meeting Law (Brown Act). These resources may be found on the Town’s website and/or via the City Clerk’s Office. All members shall attend an education and training session hosted by the City Attorney and City Clerk upon appointment.

The responsibility and accountability for all work necessary to efficiently and cost effectively carry out the advisory functions of each committee shall rest exclusively with the Chairman or Council Member assigned to the committee.

A Town Department is assigned to each Committee. Each Department Manager is responsible for providing the necessary staff (in the most cost-effective manner) to prepare for and attend committee meetings. This includes but is not limited to meeting with the Committee Chair and City Council Liaison in advance of each meeting to create an agenda; prepare the agenda packet; take and prepare minutes; and conduct follow up from meetings.

Committee Agenda Preparation: In general practice, the staff liaison to each committee shall meet with the Committee Chair and the City Council Liaison in advance of each upcoming meeting to review the meeting agenda. Regular agenda items, such as approval of meeting minutes, followPage 74 of 443 Resolution No. 22-24 Page 2 of 12 October 19, 2022
up staff reports, and general information reports shall be added to the agenda as needed. Other items shall be added through one of the methods described below.

One of the following methods may be used for placing an item on a Committee agenda:

1. Council: A majority vote of the Council may direct staff to add an item to a Committee agenda.

2. City Manager: The City Manager may receive requests for agenda items from the public, staff, a committee member or a Council Member. The City Manager will review the request with the Committee Chair and City Council liaison. The City Manager shall have sole discretion to refer the request to the City Council at the next available meeting, or schedule the item for the Committee agenda.

3. Staff and Committees: There may be a need for routine agenda items which may arise out of committee meeting discussions; are requested and agreed on by a majority of the Committee as part of Future Agenda Items; or items created from staff follow up of previous Committee and/or staff meetings. These items may be added to a future agenda following an agenda preparation meeting between the Committee Chair, Council Member liaison and staff liaison.

4. Colleagues’ Memorandum: If at least two committee members prepare a colleagues' memo, the staff liaison shall place the item on the Committee’s agenda under a Future Agenda Items Section. A colleague's memo is a written request, no more than two pages in length, presenting an item to be added to a future agenda. Upon review of the colleagues’ memo, the Committee shall not discuss the merits of the item itself; but shall solely discuss whether to add the item to a future agenda for discussion. Upon majority vote of the Committee, the item shall be added to the next agenda or a specific designated Agenda.

Committee Procedures for placing items on Council agenda:

1. Committee Action: Any formal recommendation to Council taken by a Committee shall be placed on a City Council agenda within the next two regular meetings.

The City Clerk has overall responsibility for posting committee agendas.

Advocate: Collectively, committees are encouraged to advocate positions to the City Council on matters under the purview of their committee. Otherwise, no committee or any of its members shall represent itself or themselves as speaking on behalf of the Town, City Council, and/or committee without prior approval of the City Council. Individual members are not authorized to make public statements or comments on matters within the purview of their committee outside of the normal committee process. It could be perceived as using the member’s position to indicate some special knowledge or understanding of the matter, or to confuse members of the public with respect to whether the comments are being made to improperly influence an agency decision.

Committee members should refrain from using their title when addressing other boards, commissions, committees, or the City Council to avoid creating an appearance of special status to the public. Statements of previously approved City Council policy may be made without additional City Council approval. When there is a question, a committee member shall consult the City Attorney for advice. Members of committees may attend meetings of other committees and

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Resolution No. 22-24 Page 3 of 12 October 19, 2022
the City Council; however, members shall not present opinions of their own committee at such meeting unless the position is previously approved by their committee. A quorum of a committee may attend such a meeting, but they may not discuss among themselves Town business, nor comment or discuss the matter under consideration unless authorized to do so by the committee to avoid a possible Brown Act violation.

Educational Materials: Committees may provide approved educational materials to the public regarding the functions and actions of the committee, but shall not engage in advocating to the public any particular position which is contrary to City Council policy. Any educational materials sent to the public shall be approved by the City Manager, and shall follow the Town’s procurement process. It shall be the City Manager’s discretion on whether or not the educational materials need Council approval beforehand.

Meetings: The Committee shall establish a regular meeting schedule on an annual basis in July.

The Department assigned to the committee shall update the website to reflect the meeting schedule.

Changes in the dates or time of meetings from the established schedule may be made by majority vote of the committee.

Minutes: Staff shall prepare action minutes for all committees. Action minutes shall be presented to the City Clerk within 7 days following the meeting or as soon as feasible if there is a reason not to produce them within that timeframe. Finalized minutes should be sent electronically to the City Clerk for posting, after the Committee has approved them. The City Clerk will share appropriate information received from the minutes with the City Manager and City Council.

Reports: If desired by the City Council, an annual report shall be created and approved by the Committee and provided to the City Manager, City Clerk and City Council of committee activities for the preceding year.

Special Meetings: The Chair or a majority of the Committee may call a special meeting at any time in accordance with the Brown Act.

Website: Any website created for a Committee by the Town shall be incorporated into the Town’s website. If created, websites shall be developed in accordance with the “advocate” section of this resolution.

Section 3: Appointment of Voting Members to Committees
Appointment: Members other than City Council Members shall be appointed following recruitment process set forth by the City Clerk and approved by the City Council. With the exception of the Bicycle and Pedestrian Advisory Committee as described, all appointed members shall be registered voters in the Town. Members shall serve at the pleasure of the City Council, or until the expiration of their terms set out below. The terms of the Members were staggered pursuant to Resolution No. 19-07 with subsequent terms of appointment reverting to the standard 4-year term. Vacancies in any committee arising from any reason, including expiration of term, shall be filled by temporary appointment of the City Council, or by annual recruitment. The Committee Chairperson or staff assigned shall notify the City Clerk of resignations and vacancies.

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Resolution No. 22-24 Page 4 of 12 October 19, 2022
Each Committee which cannot fill at least 50% of its seats shall be postponed until the Town can recruit at least a quorum (50%+1). During that time, the City Council shall continually recruit qualified individuals and town staff shall continue to advertise periodically.

Term expiration dates shall end on June 30. Appointed committee members shall serve no more than two full consecutive terms on the committee to which they are appointed. A member may be reappointed to the committee following a minimum two (2) year hiatus. However, if a seat is vacant and no one applies, City Council may grant an exemption.

City Council representatives and any alternates on committees are selected by the Mayor and approved by the City Council to serve a one (1) year term. Appointed City Council Members and City Council Member Alternates shall serve as liaisons to Committees; but shall not serve as voting members to Committees. Alternates participate on committees in the absence of the appointed Council Members. For each Committee, unless otherwise directed by the City Council, one City Council member shall be appointed as a primary liaison and one as an alternate. Members shall coordinate attendance to ensure appropriate representation.

Members who intend to be absent from a meeting shall alert the chairperson and/or staff person assigned. The Chairperson shall state during the meeting, under roll call whether the member is excused (notification was given) or absent (no notification was given). Unexcused absences of members, other than City Council Members, from two or more consecutively scheduled meetings shall result in the automatic vacation of the member’s office. The staff person assigned to the Committee shall work with the Chairperson to alert the City Clerk of consecutive absences. The City Clerk shall alert the City Manager who shall decide how to inform City Council. City Council has the authority to override this rule based on the information received.

Chairperson and Staff: Each committee shall have a Chairperson. The Committee shall select its Chair on an annual basis in July. Council Members shall not serve as Chair or Vice Chair of Committees. The Department assigned to the committee shall have the authority to appoint staff member(s) to serve Town committees. Any requests by a committee for staff work, information, or assistance from Town staff shall be made to the City Manager.

Section 4: Funding for Committees
Committees do not have authorization to expend Town resources. In the event funding for a committee activity is desired, a budget shall be prepared and presented to the City Council for review and approval as part of the Town’s regular budget process. The committee shall follow the guidelines set forth by the purchasing policy approved by City Council through Ordinance 595 and any expenditure policies developed and approved by the City Council. No Committee member shall use his or her own personal credit card. For items under $150 a committee member may request a cash advance and then come back to the Town with itemized receipts. For items over $150, a committee member shall complete a check request from the Town or have the Town purchase the goods/services.

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Resolution No. 22-24 Page 5 of 12 October 19, 2022
Section 5: Committee Composition, Powers and Duties

1. Audit/Finance Committee
The Audit/Finance Committee makes recommendations to the City Council on issues related to the Town’s audit and finances. The Committee typically meets every other month. Acting in an advisory capacity, the Audit/Finance Committee shall have the following powers and duties:
a. Make recommendations to the City Council in all matters pertaining to Town finances; b. Discuss and consult with the City Manager on any matter pertaining to the budget, capital spending plan and the long-range financial plan for the Town; c. Upon request, make recommendations to the City Council in all matters pertaining to the Town’s annual audit;
d. Assist staff, as needed, in the provision of oversight to the annual audit process; and, assist in the presentation of the annual audit to the City Council with recommendations as to acceptance;
e. Upon request, advise the City Council regarding appointment of outside auditors to complete the annual audit;
f. Assist staff as needed in the review of the proposed audit scope prior to commencement of annual audit.

The Committee consists of two (2) City Council liaisons, typically the Mayor and Vice Mayor, and five (5) appointed resident members Resident appointed members shall serve a term of four (4) years. The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The Finance Department is assigned overall responsibility of the Audit/Finance Committee.

Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

2. Environmental Programs Committee
The Environmental Programs Committee provides the City Council with recommendations, outreach programs, and education on environmental issues facing the Town’s natural and built environment. The Environmental Programs Committee typically meets every other month. Acting in an advisory capacity, the Environmental Programs Committee shall have the following powers and duties:
a. Upon request, make recommendations (programmatic and legislative) to the City Council on all matters pertaining to the Town’s natural and built environment and the Town’s regional role and responsibilities as one of the communities on the San Francisco Bay Peninsula.

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Resolution No. 22-24 Page 6 of 12 October 19, 2022
b. Pursuant to established City Council programs and policy, assist staff in the creation of pro-active community engagement programs for residents, commercial and public enterprises active within the Town’s jurisdiction.

The Environmental Programs Committee consists of five (5) appointed resident members and one (1) City Council Member liaison. Resident appointed members shall serve a term of four (4) years. The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The City Manager’s Department is assigned overall responsibility of the Environmental Programs Committee.

Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

3. Park and Recreation Committee
The Park and Recreation Committee makes recommendations to the City Council on issues related to Holbrook Palmer Park and any active or passive recreational space within the Town. The Committee typically meets monthly. Acting in an advisory capacity, the Park and Recreation Committee shall have the following powers and duties:
a. Upon request, make recommendations to the City Council in all matters pertaining to the Town’s active and passive parks and public recreation services; b. Work with staff, as needed, to assist other governmental agencies and public and private groups in the advancement of park and recreation planning and programming; c. Work with staff to develop and maintain a Master Plan for active and passive recreational spaces within the Town; and, annually, in the month of April, present a report to the City Council;
d. Work with staff to review the annual budget for the Town’s park and recreation programs and services during the budget process and make recommendations with respect thereto to the City Council.
e. Assist staff with a review of fees and services within the Park and make recommendations with respect thereto to the City Council. f. Upon request, study and make recommendations on the acquisition and development of recreation areas, activities and facilities such as playgrounds, buildings, parks, open space and other centers of recreation;
g. Assist staff in the planning of recreation programs for the community.

The Park and Recreation Committee consists of seven (7) appointed resident members and one (1) City Council Member liaison. Of the appointed members, two members shall be representatives of the Holbrook-Palmer Park Foundation. Each of the foregoing representatives shall serve a term of two (2) years. When a vacancy arises, the City Clerk will contact each organization to request a new representative. If the organization submits more than two candidates, the City Council shall select the candidate to serve as the representative.

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Resolution No. 22-24 Page 7 of 12 October 19, 2022
Remaining resident appointed members serve a term of four (4) years. The Park and Recreation Committee meets in Holbrook-Palmer Park.

The Public Works Department is assigned overall responsibility of the Park and Recreation Committee.

Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

4. Rail Committee
The Atherton Rail Committee makes recommendations to the City Council on issues related to the Town’s Rail Corridor, High Speed Rail, and Caltrain consistent with the City Council’s adopted Rail Related Policy Issues, attached hereto as Exhibit A. The Committee typically meets once per quarter. Acting in an advisory capacity, the Rail Committee shall have the following powers and duties:
a. Advise the City Council on all matters pertaining to High Speed Rail (HSR), the Rail Corridor and Caltrain, consistent with the City Council adopted Rail Related Policy Issues.
b. Assist staff in the research of specific impacts that HSR and other rail infrastructure and services may have on the Rail Corridor and the Town. c. Rail Committee members are authorized to act as spokespersons to articulate and advocate the Town’s Rail Related Policy Issues as they pertain to Rail Committee matters to legislatures, HSR and Caltrain board of directors, regional organizations, press and other interested parties.

The Rail Committee consists of seven (7) appointed resident members and one (1) City Council Member liaison. Resident appointed members shall serve a term of four (4) years.

The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The Public Works Department is assigned overall responsibility of the Rail Committee.

Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

5. Transportation Committee
The Transportation Committee makes recommendations to the City Council on issues related to transportation, traffic, and roadway safety. The Committee typically meets once per quarter. Acting in an advisory capacity, the Transportation Committee shall have the following powers and duties:

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Resolution No. 22-24 Page 8 of 12 October 19, 2022
a. Upon request, make recommendations to the City Council in all matters pertaining to transportation, traffic, and roadway safety within the Town. b. As needed, assist staff in the identification and review of traffic and roadway safety enhancements.
c. As needed, assist staff in the review of regional project impacts on local traffic and transportation corridors.
d. As needed, assist staff in the review of traffic safety enforcement measures. e. As needed, assist staff in the review of Neighborhood Traffic Management Program requests.

The Transportation Committee consists of five (5) appointed resident members and one (1) City Council Members liaison. Resident appointed members shall serve a term of four (4) years. The Chair of the Transportation Committee also serves as a non-voting liaison to the Bicycle and Pedestrian Advisory Committee. The Chair shallselect another member as his or her alternate. The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The Police Department shall have overall responsibility of the Transportation Committee.

The Chief of Police will coordinate with the Public Works Department when Public Works staff are needed for the meeting.

Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

6. Bicycle and Pedestrian Advisory Committee (BPAC)
The Bicycle and Pedestrian Advisory Committee makes recommendations to the City Council on issues related to the Town’s Bicycle and Pedestrian Master Plan and bicycle and pedestrian network. The Committee typically meets as needed. Acting in an advisory capacity, the BPAC shall have the following powers and duties:
a. Work with staff in providing recommendations on issues related to the Town’s bicycle and pedestrian network and Bicycle and Pedestrian Master Plan. b. Make recommendations to the City Council on the selection of bicycle and pedestrian projects to be submitted for state and federal funding opportunities. c. Work with staff to promote bicycling and walking as safe and healthy alternative modes of transportation.
d. Assist Town staff in the planning, operations and maintenance of bicycle and pedestrian facilities in Town.

The BPAC consists of at least five (5) appointed members plus two non-voting liaisons, one (1) Transportation Committee Member and one (1) City Council Member. At least three (3) appointed members of the Committee must meet the requirements of the Metropolitan Transportation Committee and live or work in the Town of Atherton. Other members of the BPAC must be residents of the Town. Members shall be composed of both

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Resolution No. 22-24 Page 9 of 12 October 19, 2022
active bicyclists and pedestrians. The Chair and Vice Chair of the Committee shall be residents of the Town. BPAC appointed members shall serve terms of four (4) years.

The makeup of the Committee members is encouraged as follows:
• At least one member should represent schools.
• At least one member should represent an established bicycle and/or pedestrian related organization or coalition.
• At least one member should have knowledge and interest in Countywide pedestrian and bicycle facility planning and operations.

The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The Public Works Department is assigned overall responsibility of the Bicycle and Pedestrian Advisory Committee.

Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

Section 6: Advice
Appointed members of committees are encouraged to seek advice from Town staff when they are uncertain of the foregoing rules.

This Resolution shall be effective immediately upon adoption. All previous resolutions governing Town committees and commissions including Resolution No. 15-10 and Resolution No. 19-07 are hereby superseded and rescinded.

I hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the Town of Atherton at a regular meeting thereof held on the 19th day of January, 2022, by the following vote.

AYES: 5 COUNCIL MEMBERS: Polito, Hawkins-Manuelian, Lewis, Widmer, DeGolia NOES: 0 COUNCIL MEMBERS:

ABSENT: 0 COUNCIL MEMBERS:

ABSTAIN: 0 COUNCIL MEMBERS:
_________________________________
Rick DeGolia, Mayor
Town of Atherton
ATTEST:
____________________________
Anthony Suber, City Clerk

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Resolution No. 22-24 Page 10 of 12 October 19, 2022
APPROVED AS TO FORM:
___________________________
Mona Ebrahimi, City Attorney

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Resolution No. 22-24 Page 11 of 12 October 19, 2022

EXHIBIT A

RAIL POLICY ISSUES

ADOPTED BY THE TOWN OF ATHERTON
A. HIGH-SPEED RAIL (HSR)
Legislative
In 2008, the Town voters decided against Prop 1A which authorized the HSR project. At that time, Town Resolutions, passed unanimously by the Council, opposed the HSR project, including the Program Environmental Impact Report (EIR), Business Plan and use of the rail corridor by HSR.

The Town remains opposed to the HSR project and supports legislative initiatives to prevent the implementation of the HSR project, in its current form, through the Town. If the HSR project moves forward, the Town fully expects that the project will minimize and fully mitigate environmental impacts to the Town.

Litigation
The Town may take the position to use legal means, as deemed appropriate by the City Council, to delay, hinder or halt the implementation of Prop 1A which Atherton residents and the City Council voted to oppose.

Lobbying
The Town has engaged a lobbyist, in conjunction with other communities, to represent the Town’s interests on HSR matters.

The Council encourages members of the Town’s Rail Committee to advocate on behalf of the Town with respect to HSR in manners consistent with the above HSR Rail Policy.

B. RAIL CORRIDOR AND CALTRAIN
The Town was one of the earliest train stops on the rail corridor between San Francisco and San Jose.

Families, and later commuters, used the Atherton station for rail service to and from ‘the City’ for over 100 years. Lloyden Park was developed for residents desiring easy access to public transportation provided by the train.

In years past, Caltrain provided the Atherton Station with weekday and weekend rail service until it declared its first “fiscal emergency” citing the need to reduce costs, including station stops. As a result, the number of weekday rail stops at the Atherton Station were reduced to zero while weekend service is still provided.

Atherton is the only city on the Caltrain line that receives no weekday train service. Atherton residents have been using nearby stations in Redwood City and Menlo Park for weekday commute services and for express service on the weekends. Atherton understands that Caltrain is an integral part of the transportation system in the peninsula and still serves as an important alterative to automotive travel in and through the Town.

Further Caltrain’s fiscal health is important to maintain rail as a viable transit option.

The Atherton Station building serves as an important historical and cultural resource to the Town and should be preserved.

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Resolution No. 22-24 Page 12 of 12 October 19, 2022
Town Priorities Regarding Caltrain Line and Corridor
The Town recognizes that successful implementation of the Town’s rail corridor priorities with Caltrain require a partnership with Caltrain. To that end, the Town will endeavor to work with Caltrain to address the following priorities for the Atherton Station and Rail Corridor:
• Modernization of the rail system must minimize and fully mitigate any environmental impact to the Town.
• Safety improvements along the rail corridor through the Town, including safety fencing and screening along the corridor, and the installation of four-quadrant gates at the Watkins Avenue rail crossing.
• Conversion of the Atherton Station building to a public amenity and civic space integrated with the Atherton Town Center, including the installation of safety fencing, removal of the center boarding platform and associated access points.
• Installation of an active transportation route to the Menlo Park Caltrain Station. • The Town seeks to perfect the Quiet Zone within the Town through the addition of four quadrant gates at the Watkins Avenue crossing, closure of the Atherton Station and repurposing of the Atherton Station building. These measures require the support and partnership of Caltrain.

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Item No. 10
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: RACHAEL LONDER, MANAGEMENT ANALYST II
DATE: JANUARY 18, 2023
SUBJECT: APPROVAL OF PROPOSAL FROM THE AMERICAN GREEN

ZONE ALLIANCE (AGZA) FOR A WORKSHOP FOR

PROFESSIONALS TRANSITIONING TO BATTERY ELECTRIC

LAND CARE EQUIPMENT AND OPERATIONS

RECOMMENDATION
It is recommended that the Council review, provide comments, and approve the proposal for the American Green Zone Alliance (AGZA) Workshop as recommended by the Environmental Programs Committee (EPC).

BACKGROUND
In an effort to curb greenhouse gas emissions, the State, through AB 1346, has banned the sale of new gas off-road equipment including equipment for lawn and garden care starting January 1, 2024. In Atherton, landscaping equipment accounts for 4% of the greenhouse gas emissions in the Town of Atherton as of 2019. In anticipation of upcoming regulations and environmental concerns, the EPC has an interest in supporting homeowners and landscapers operating in Atherton to make the transition to electric landscaping equipment.

In alignment with the EPC’s duties of creating proactive community engagement programs for residents, commercial, and public enterprises, the EPC formed an Electric Landscaping Tools / Sustainable Landscaping Technology to address these emissions through education and outreach to residents and landscapers doing business in Atherton. Education and outreach can drive behavior change, catalyze the purchase and use of electric equipment, and can connect the community to valuable incentive programs to achieve local and State climate action goals. During their November 17th EPC meeting, this subcommittee presented an idea for the Town to bring in an industry expert, American Green Zone Alliance (AGZA) to host an in-person workshop for landscapers and residents to learn about available electric technologies and incentive programs.

The EPC elevated the idea to the City Council’s Leaf Blower Subcommittee including Councilmember Hawkins Manuelian and Councilmember Widmer. The Council’s Leaf Blower Subcommittee requested that a full proposal be made to the EPC including costs, timing, topics covered, outreach plan, and that workshop would be bilingual offered in both English and Spanish.

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AGZA Workshop
JANUARY 18, 2023

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The subcommittees decided that this proposal would go to the EPC for review and approval before being recommended to the City Council. Town staff worked with the EPC Subcommittee and AGZA to finalize a proposal. During the EPC’s Special Meeting on December 15, 2023, the EPC voted to recommend that staff bring the proposal and request for funding to the City Council.

ANALYSIS
EPC committee members informally surveyed local landscapers, residents, and organizations with land in Atherton to identify barriers to transitioning to electric equipment and gauge interest for an in-person workshop. This surveying revealed a need for increased education and outreach to landscapers. Additionally, landscapers provided insight to support the Town in successful engagement including the best timing for a workshop, topics to include, and equipment to showcase. EPC committee members researched organizations that could deliver a workshop geared to the needs identified. The EPC identified the American Green Zone Alliance (AGZA) whose mission is to help promote and facilitate lower-impact operations and sustainable land care through peer-to-peer engagement, training, and certification with the landscape maintenance industry. The EPC determined an initial half-day training with hands-on equipment demonstrations would be an appropriate starting place to engage landscapers and homeowners.

If the Town were to move forward with a workshop, Town staff and EPC committee members would work together to schedule, promote, and host the workshop with the AGZA, as outlined in Attachment A.

Town staff would report back on the success of the event including attendee numbers and results from a post-workshop survey indicating the workshop’s impact on catalyzing the transition to electric landscaping equipment and operations.

FISCAL IMPACT
The Fiscal Year 2022/23 Budget does not include any allocation for an electric landscaping equipment and operations workshop. Thus, the recommended budget of $6,500 would need to be approved by the Council out of the Town’s General Fund.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

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AGZA Workshop
JANUARY 18, 2023

Page 3 of 3 ends

a. Upon request, make recommendations (programmatic and legislative) to the City Council on all matters pertaining to the Town’s natural and built environment and the Town’s regional role and responsibilities as one of the communities on the San Francisco Bay Peninsula. b. Pursuant to established City Council programs and policy, assist staff in the creation of proactive community engagement programs for residents, commercial and public enterprises active within the Town’s jurisdiction.

This recommendation for the Council to approve and allocate funding for a battery-electric landscape equipment and operations workshop is in alignment with the EPC’s duty to assist staff in the creation of proactive community engagement programs. Considering costs, staff time, and policy initiatives relative to electric equipment, it is appropriate for the Council to review, provide direction, and approve the proposal and budget before the EPC and staff proceed.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
Environmental Programs Committee (meets every other month)

ATTACHMENTS

1. Attachment A: AGZA Workshop Proposal

2. Attachment B: Proposed Budget

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©2023 American Green Zone Alliance
Attachment A: AGZA Workshop Proposal
American Green Zone Alliance Workshop for Professionals Transitioning to Battery Electric Land Care Equipment and Operations The American Green Zone Alliance (AGZA) is pleased to submit this workshop proposal to the Town of Atherton. This workshop will provide outreach, education, and resources to help Atherton and surrounding area professional landscape maintenance crews transition operations away from less fossil fuel-powered equipment to battery electric and people-powered alternatives. Transitioning to battery electric equipment and people-powered tools generate meaningful reductions in noise, and emissions, benefitting the health of workers, and the public, and improving the quality of life in Atherton.

Our goal is to work collaboratively with the Town of Atherton and private professional maintenance companies to help facilitate positive outcomes for the future. Conducting an AGZA workshop for local professionals and the community demonstrates Atherton’s commitment to quality of life for its residents and positions Atherton as a sustainability leader in the State of California and beyond by actively introducing viable solutions towards clean, quiet, and sustainable landscape maintenance practices for professionals conducting business in the community.

Images: Battery-electric land care equipment and
operations workshops hosted by AGZA in Gardena and
Pacific Palisades, California

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©2023 American Green Zone Alliance
AGZA’s workshop will be a 4.5 - hour training in both a classroom and outdoor setting. By the end of the workshop, attendees will understand current regulations (including any Town specific ordinances), an introduction to low-impact landscape maintenance and operations, the ability to access funding mechanisms to lower the cost of battery-powered equipment and be inspired by the potential that their industry must lead and shape their future.

Workshop Schedule
8:00 am to 8:20 am – Sign In / Morning Refreshments
8:25 am to 8:35 am – Town of Atherton Presentation
8:40 am to 9:25 am – AGZA Classroom Component (1st Half Presentation with Q&A) 9:30 am to 10:00 am – Gardenland (Safe Charging with Q&A) 10:00 am to 10:05 am - BREAK
10:10 am to 10:40 am – AGZA Classroom Component
(2nd Half Presentation with Q&A)
10:45 am to 12 noon – Outdoor Tool Demos & Field Tutorials 12:30 pm to 1:30 pm – Lunch & Networking
Workshop Content
AGZA “Classroom” Component Electric Operations: Emphasizes the importance of training and certification, satisfying aesthetic expectations, and reaching a Return on Investment. Specific topics covered include the following:
• Impact reduction and benefits
• Battery electric basics
• Infrastructure and charging
• Work productivity considerations
• Economics (ROI, Downstream savings, cost-effectiveness) • Case studies
Attendees will learn about the current CA State Regulations AB1346 and the Clean Off-Road Equipment Voucher Incentive Project (CORE) for private small businesses to take advantage of price discounts on commercial electric equipment. Additionally, any other area incentive programs will be introduced.

Hands-on field demonstration: AGZA will arrange for an outdoor demo and field tutorial of commercialgrade battery-electric handheld tools and mowers, including:
• Large and small mowers (including robotic)
• Blowers
• Line trimmers/weed whips
• Hedge trimmers
• Stick edgers
• Pole saws, rear handle, and top handle chain saws

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©2023 American Green Zone Alliance
Additional showcase of equipment from representatives of proposed list of equipment manufacturers to be invited:
• Husqvarna: https://www.husqvarna.com/us/discover/commercial-battery-products/ • Stihl: https://www.stihlusa.com/products/battery-products/ • Makita: https://www.makitatools.com/ope/lxt
• EGO: https://egopowerplus.com/
• Kress: https://www.kress.com/en-us/
• Greenworks: https://www.greenworkstools.com/
Workshop attendees may be eligible for a raffle prize (battery electric tool) and may receive additional discounts on equipment.

The workshop will be conducted with AGZA bilingual staff on hand. Additionally, the classroom portion of the workshop will be available on Zoom with Town Staff providing the audiovisual connection.

Fees and Expenses
Project Component Fees
AGZA Community Workshop $3,000
*Additional consulting is available on request (hourly fee) Costs relating to facility rental, lunch/refreshments, outdoor tent, and marketing are the responsibility of the host. AGZA will also contribute to outreach efforts by providing templates for mailers and flyers and through network channels including social media, local Air Districts, and equipment dealers.

Terms
The training may be scheduled for February 2023 and March 2024. Payment should be made as follows (net 30 days):
• 50% upon acceptance (If the training need be rescheduled, AGZA will keep the deposit and credit it towards a future training date if it falls before the end of March 2024). • 50% upon completion of the workshop
Please remit payments to:

American Green Zone Alliance
3950 Laurel Canyon Blvd Suite 1191
Studio City, CA 91614

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©2023 American Green Zone Alliance
An authorized signature below indicates agreement to accept this proposal and payment schedule and terms.
_____________________________________ Date______________________ Name
Position, Town of Atherton
_____________________________________ Date______________________ Dan Mabe, President
American Green Zone Alliance

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Attachment B: Recommended Budget for Battery Electric Land Care Workshop
The Environmental Programs Committee (EPC) is recommending that the City Council approve a budget of $6,500 to bring a workshop to Atherton to train landscapers on battery electric land care equipment and operations. The budget includes:

Budget Item Amount
American Green Zone Alliance
Training Fee
$3,000
Postage for mailer to all
households
$500
Printing for mailer to all
households
$2,000
Refreshments for Attendees
(estimated 50)
$500
Marketing and Outreach
Expenses
$500
TOTAL $6,500

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Item No. 11
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: RACHAEL LONDER, MANAGEMENT ANALYST II
DATE: JANUARY 18, 2023
SUBJECT: APPROVAL OF 2023 EARTH DAY WORK PLAN AND BUDGET

AS RECOMMENDED BY THE ENVIRONMENTAL PROGRAMS

COMMITTEE (EPC)

RECOMMENDATION
It is recommended that the Council review, provide comment, and approve the 2023 Earth Day Event Work Plan and Budget as recommended by the Environmental Programs Committee (EPC).

BACKGROUND
Every year in April, the Town comes together to honor Earth Day. The Environmental Programs Committee (EPC) assists staff in planning and facilitating an Earth Day Event designed to engage and educate the community on sustainability and climate-related topics as well as promote the goals of the Town’s Climate Action Plan (CAP). In 2020 and 2021, the EPC decided not to host an in-person Earth Day Event due to the Covid-19 pandemic. In 2022, the EPC hosted an Earth Day Event at Holbrook-Palmer Park that included 35 vendors and over 300 attendees.

During their EPC meeting on November 17, 2022, committee members discussed approaches for a 2023 Earth Day Event including their interest for a collaborative event with neighboring jurisdictions and community-based organizations that would leverage resources, volunteers, and staff to improve event coordination and the experience for the community. During the Council’s Study Session on December 7, 2022, staff requested that the Council provide guidance on whether the Town should join forces for a larger Earth Day celebration. The Council requested that staff return with a work plan for a collaborative event including budget details, location, and partners.

ANALYSIS
Staff worked with the EPC and community-based organizations to scope a 2023 Earth Day Event work plan, Attachment A, that includes date, location, day-of staffing, volunteers, budget, and a selection of family-friendly activities.

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Earth Day 2023
JANUARY 18, 2023

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2 4
2 It is recommended that if the Council supports a collaborative event as scoped in Attachment A, staff take the lead on the 2023 Event and work with the EPC and neighboring jurisdictions on a collaborative Earth Day event for 2023 that stays within the Town’s $5,000 budget.

FISCAL IMPACT
The Fiscal Year 2022/23 Budget includes funding for an Earth Day event in the amount of $5,000.

Any materials, efforts, or staffing resources associated with an Earth Day event that exceed this existing $5,000 budget would need to be authorized by the Town Council.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The EPC is charged under Resolution 2018-11 to “provide the City Council with recommendations, outreach programs, and education on environmental issues facing the Town’s natural and built environment.” Acting in an advisory capacity, the EPC has the following powers and duties:
a. Upon request, make recommendations (programmatic and legislative) to the City Council on all matters pertaining to the Town’s natural and built environment and the Town’s regional role and responsibilities as one of the communities on the San Francisco Bay Peninsula. b. Pursuant to established City Council programs and policy, assist staff in the creation of proactive community engagement programs for residents, commercial and public enterprises active within the Town’s jurisdiction.

Historically, the Town’s EPC has been the primary body in creating and supporting an annual Earth Day event for the Town, as approved by the Council. Considering costs, staff time, and vacancies on the EPC and in the Committee’s advisory role, the EPC is proposing a collaborative approach to celebrating Earth Day with an event by building off partnerships and successes from the 2022 Earth Day Event. Further, as an advisory Committee, the EPC would only be allowed up to $5,000 as budgeted for Fiscal Year 2022/23, with those funds disbursed through staff. As a policy matter, it would be appropriate for the Council to review and provide direction on the Earth Day Event and use of the $5,000 budget.

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Earth Day 2023
JANUARY 18, 2023

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2 4
2 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
Environmental Programs Committee (meets every other month)

ATTACHMENTS

1. Attachment A: 2023 Earth Day Event Work Plan

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Attachment A: 2023 Earth Day Event Work Plan
This Work Plan outlines an approach for the Town of Atherton’s 2023 Earth Day event in partnership with neighboring jurisdictions and community-based organizations.

When:
• Earth Day, Saturday, April 22nd from 11:00 am to 3:00 pm.

Potential Event Organizers:
• Town of Atherton
• Menlo – Atherton High School: https://www.mabears.org/ • Menlo Park’s Environmental Quality Commission:
https://menlopark.gov/Government/Commissions-and-committees/Environmental-QualityCommission • 350 Silicon Valley: https://www.350siliconvalley.org/ • Menlo Spark: https://menlospark.org/
Potential Event Contributors and Sponsors:
• Acterra: https://www.acterra.org/
• Stanford’s Doerr School of Sustainability: https://sustainability.stanford.edu/ • County of San Mateo’s Office of Sustainability: https://smcsustainability.org/ • Peninsula Clean Energy: https://www.peninsulacleanenergy.com/ • GreenWaste Recovery: https://www.greenwaste.com/
• CalWater: https://www.calwater.com/
Potential Locations:
• First Preference: Menlo-Atherton High School (555 Middlefield Road, Atherton) o The EPC has made contact and has received initial interest from MA • Second Preference: Menlo College (1000 El Camino Real, Atherton) • If neither location is available, the event will proceed scaled down and without co-organizers at Town Center as Holbrook-Palmer Park is unavailable due to the recirculation project.

The current scope for the event includes:
• Vendor Fair featuring organizations, agencies, and local businesses providing resources for:
o Student Career and Volunteer Opportunities
o Home Electrification
o Sustainable Transportation
o Waste Reduction
o Sustainable Gardening and Landscaping
o Water Conservation and Pollution Prevention

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• Speaker Series: Guests from Stanford, elected officials, among other changemakers to facilitate stimulating conversation for attendees that inspires action. • Environmental Art Show: Atherton Arts Foundation and local schools to exhibit environmentfocused artwork. • Electric Vehicle and Electric Bike Showcase: Dealerships and residents showing different EV makes and models.
• Cooking Demonstration: Featuring sustainable food products and induction cooktops • Fix-It Clinic: Hands-on opportunity to learn how to fix broken items including bikes, household appliances, and clothes.
• Food: Opportunity to sample and purchase food from local, sustainable food vendors. • Family-Friendly Activities including:
o Interactive animal and bug exhibits from Palo Alto Junior Museum o Arts and crafts
o Live music
Volunteer and Staffing Plan:
• Town of Atherton Management Analyst and Environmental Programs Committee Members – 6 people total
• Menlo Park Environmental Quality Commission and Menlo Park Climate Team Volunteers – 30 people total
• Pending staff and student volunteer counts from Menlo-Atherton High School Outreach Plan:
• Atherton social media channels – NextDoor, Instagram, Facebook, and Twitter • Town of Atherton Listservs
• Spring Athertonian Mailer Feature
• GreenWaste Bill Insert
• Poster at Atherton Town Center
Preliminary Budget from the Town of Atherton
Budget Item Description Amount
Activities Speaker fees, activities with costs, other
assorted expenses related to event
$2,500
Volunteers Provide hats, t-shirts, or name badges to
distinguish volunteers
$1,000
Facility Rental Any costs associated facility rental of MA $1,000 Marketing and Outreach Printing poster for Town Center, event signage
$500
Total Contributions from Atherton Not to
Exceed
$5,000

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Anticipated Budget from Partners
Budget Item Description Amount
Activities Speaker fees, activities with costs, other
assorted expenses related to entertainment
$1,000
Volunteers Provide refreshments for volunteers $500
Facility and Equipment
Rental
Any costs associated with facility rental of MA
including tables, chairs, and use of school
facilities
$5,000
Marketing and Outreach Postcards, printed posters and fliers, lawn signs, news media, online media
$2,000
Anticipated Total Contributions from
Collaborators
$8,500
Atherton City Council and EPC Schedule:
• January 18th City Council Meeting: Council are presented with a work plan for a collaborative Earth Day event
• January 19th EPC Meeting: Formalize members of the 2023 Earth Day Subcommittee • March 16th EPC Meeting: Share an update on Earth Day Planning • April 22, 2023: Day of Earth Day Festival
Additional Earth Day Related Activities Happening in Atherton in April:
• Waste Wise Event featuring e-waste recycling, paper shredding, and compost pick-up (April 8, 2023)
• Climate Action Plan community engagement and outreach

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Item No. 12
Town of Atherton
CITY COUNCIL STAFF REPORT – STUDY SESSION
TO: HONORABLE MAYOR AND CITY COUNCIL
THROUGH: GEORGE RODERICKS, CITY MANAGER
FROM: LISA COSTA SANDERS, PLANNING CONSULTANT
DATE: JANUARY 18, 2023
SUBJECT: REVISIONS TO THE DRAFT HOUSING ELEMENT IN RESPONSE TO

HCD COMMENTS

RECOMMENDATION
Review the Revised Draft Housing Element and provide any minor edits to Staff.

BACKGROUND
All California cities and counties are required to accommodate their fair share of regional housing need in its General Plan. The next Housing Element cycle covers the period of 2023 through 2031 and is required to be adopted by January 31, 2023.

The Final RHNA for the Bay Area (https://abag.ca.gov/sites/default/files/documents/2021- 12/Final_RHNA_Allocation_Report_2023-2031-approved_0.pdf) was adopted by the Association of Bay Area Governments (ABAG) Executive Board on December 16, 2021. The Town’s allocation for the period of 2023-2031 is as follows:

Income Level Housing Units
Very Low (less than 50% of area median income)
Max income of $63,950 for single person to $91,350 for family of 4 94 Low (50% - 80% of area median income)
Max income of $102,450 for single person to $146,350 for family of 4 54 Moderate (80-120% of area median income)
Max income of $125,640 for single person to $179,520 for family of 4 56 Above Moderate (more than 120% of area median income) Market rate housing
144
Total 348

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Draft Housing Element Update
January 18, 2023

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The City Council held a joint session with the Planning Commission on April 28, 2021 to discuss the Housing Element process and provide direction to staff on potential strategies to consider.

The City Council, at its January 12, 2022, February 24, 2022 and March 16, 2022 meetings received update reports from Staff on the initial housing strategies and provided direction to staff. The Town hosted a Community Open House on April 26, 2022 from 5:00 p.m. until 7:00 p.m. at the Holbrook Palmer Park Pavilion to discuss potential strategies with the community and receive input. The City Council met on May 18, 2022 to refine the housing strategies and again on May 24, 2022 to provide additional direction on site selection.

The Draft Housing Element was released on June 10, 2022 for a 30-day public review and comment period. Following review of public comments, the City Council revised the Draft Housing Element programs including;
• removed the multi-family overlay zone;
• removed changes to the PFS zone relating to multi-family housing at school sites; and • expanded the ADU program
The revised Draft Housing Element was submitted to HCD on August 2, 2022. Staff and consultant met with HCD on October 14, 2022 to hear HCD’s preliminary comments. The Town received the HCD formal written comments on October 31, 2022. The City Council, at its November 2, 2022 study session discussed the HCD comments and requested additional information from the consultant team. The City Council, at its November 17, 2022 study session reviewed HCD comments line by line with legal citations and discuss responses. The City Council, at its December 15, 2022 and January 11, 2023 meetings reviewed the revised Draft Housing Element and provided direction to staff on responses to HCD’s comments.

Several distributed neighborhood outreach meetings throughout Town were conducted on the revised Draft Housing Element. In addition, a community meeting was conducted on January 12, 2023 at the Menlo College campus and public comments may be received at the January 18, 2023 City Council meeting.

The Planning Commission will review the revised Draft Housing Element at its January 19, 2023 meeting for a recommendation to the City Council. The City Council is scheduled to consider the Planning Commission’s recommendation on the revised Draft Housing Element at a Special Meeting on January 31, 2023.

The revised Draft Housing Element is available on the Town’s website:
https://www.ci.atherton.ca.us/DocumentCenter/View/10638/Atherton-Housing-Element-Draftto-HCD-8_2_2022

ANALYSIS

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Draft Housing Element Update
January 18, 2023

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Staff and consultants have extensively revised the Draft Housing Element to respond to HCD’s comments. Many of the comments requested additional data, analysis and additional justification on the proposed housing programs.

In response to HCD’s comments, the City Council, revised the housing programs as follows:
• Identified 23 Oakwood for rezoning to multifamily at 10 units per acre. The site is 1.62 acres in area resulting in 16 housing units.
• Rezone 18 properties along western side of El Camino Real from Stockbridge to the Redwood City limits to allow 20 units per acre with a lot consolidation program. The properties are less than ½ acre and would need to be consolidated to be considered a viable housing site per HCD.
• Adopt an Inclusionary Ordinance to require 20% of multifamily units be designated as affordable to lower income households
Summary of Proposed Housing Sites and Programs:

Very low -
Low
Mod Above Mod Total
ADUs 112 56 112 280
Lot Splits (SB9) 48 48
Vacant sites 10 10
RM 10 (23 Oakwood) 4 12 16
RM 20 (ECR north) 4 15 19
Menlo College 30 30 60
Menlo School 10 10 20
Total 160 96 197 453
RHNA 148 56 144 348

NEXT STEPS
The City Council is scheduled to consider the Planning Commission’s recommendation on the revised Draft Housing Element at a Special Meeting on January 31, 2023.

The Housing Element is required to be adopted by cities and counties by January 31, 2023, and the State then has 60 days in which to certify the Element as in compliance with State Law. If the Town’s Housing Element is still deemed non-compliant, HCD will provide an additional response letter with comments and the Town and HCD will begin a further dialogue and revision process to achieve certification.

The Town has 120-days from January 31, 2023 to obtain a certified Housing Element. Failure to achieve a certified Element within 120-days will shorten the time allotted from 3-years to 1-year for the Town to adopted land use and development changes proposed within the Housing Element. In addition, so long as the Town does not have a certified Housing Element, the Town is exposed to potential litigation or Builder’s Remedy development solutions.

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Draft Housing Element Update
January 18, 2023

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PUBLIC NOTICE
Public notification was achieved by posting the City Council 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 not limited to, media outlets, school districts, Menlo Park Fire District, service providers (water, power and sewer), and regional elected officials.

ATTACHMENTS
• Attachment 1 - Revised Housing Element (Click for Link) • Attachment 2 – APP1 21 Elements Survey
• Attachment 3 – ABAG Housing Needs Data
• Attachment 4 – Atherton Map and Data
• Attachment 5 – Countywide Housing Needs
• Attachment 6 – Atherton Site Inventor

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Town of Atherton 2023-2031 Housing Element – DRAFT 1
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Table of Contents

3.100 INTRODUCTION

3.110 Purpose of the Housing Element 4

3.120 Definition of Income Categories 4

3.130 RHNA (Regional Housing Needs Allocation) 2023- 2031 6

3.140 Relation to Other Elements (including General Plan Consistency Analysis) 6

3.200 ASSESSMENT OF HOUSING NEEDS

3.210 Housing Needs Detailed Analysis 7

3.300 ATHERTON FAIR HOUSING ASSESSMENT

3.310 Introduction – What is Fair Housing? 12

3.320 Section Content and Organization 16

3.330 Fair Housing Enforcement and Outreach Capacity 19

3.340 Integration and Segregation 23

3.350 Access to Opportunity 28

3.360 Disparate Housing Needs 34

3.370 Site Inventory Analysis 40

3.380 Contributing Factors and Fair Housing Action Plan 40

3.400 HOUSING RESOURCES

3.410 Inventory of Sites Suitable for Residential Development 42

3.420 Analysis of Zoning that Encourages and Facilitates a Variety of Housing Types 49

3.430 Identification of Adequate Sites for Emergency Shelters 50

3.440 Identification of Adequate Sites for Transitional and Supportive Housing 50

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3.450 Identification of Adequate Sites for Farm Worker Housing 50

3.460 Other Housing Resources 50

3.500 CONSTRAINTS ON HOUSING

3.510 Governmental Constraints Analysis 51

3.520 Non-Governmental Constraints Analysis 58

3.600 REVIEW OF 2015-22 HOUSING ELEMENT PERFORMANCE

3.610 Effectiveness of the Element 60

3.620 Progress in Implementation 60

3.630 Future Opportunities 61

3.700 HOUSING GOALS, QUANTIFIED OBJECTIVES AND POLICIES

3.710 GOAL: FACILITATE THE PRIVATE DEVELOPMENT OF HOUSING TO MEET A PORTION OF THE ABOVE MODERATE INCOME HOUSING NEED IDENTIFIED FOR ATHERTON 68

3.720 GOAL: USE ACCESSORY DWELLING UNITS TO MEET A SUBSTANTIAL PORTION OF THE TOWN’S MODERATE TO VERY LOW-INCOME HOUSING NEED. 68

3.730 GOAL: FACILITATE THE DEVELOPMENT OF FACULTY AND STUDENT HOUSING ON OR NEAR SCHOOL CAMPUSES TO MEET A PORTION OF THE MODERATE AND VERY LOWINCOME HOUSING NEED IDENTIFIED FOR ATHERTON 68 69 3.750 GOAL: PROMOTE PRIVATE EFFORTS TO CONSERVE AND IMPROVE ATHERTON’S EXISTING HOUSING SUPPLY. 69

3.760 GOAL: ENCOURAGE SPECIAL CONSIDERATION TO THE MAINTENANCE AND EXPANSION

OF HOUSING OPPORTUNITIES FOR HANDICAPPED AND LOW AND MODERATE INCOME AND HOMELESS PERSONS. 69

3.770 GOAL: MEET THE NEEDS OF SENIORS, IN LIGHT OF THE PENDING GROWTH OF THIS POPULATION IN SAN MATEO COUNTY. 70

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3.780 GOAL: CONTINUE TO PROMOTE HOUSING OPPORTUNITIES FOR ALL PERSONS

REGARDLESS OF RACE, SEX, MARITAL STATUS, ANCESTRY, NATIONAL ORIGIN OR COLOR 71 3.790 GOAL: SUPPORT EFFORTS TO AFFIRMATIVELY FURTHER FAIR HOUSING IN ATHERTON. 71

3.800 HOUSING PROGRAMS

3.810 New Construction, Conservation and Rehabilitation 74

3.820 Special Housing Needs 83

3.830 Consistency with State Requirements 86

3.840 Other Housing Programs 86

3.900 EFFORTS TO ACHIEVE COMMUNITY ENGAGEMENT 88
APPENDICES 91

1. 21 Elements Resident Survey Analysis, 4/14/2022

2. ABAG/MTC Housing Needs Data Report - Atherton

3. AFFH Atherton Map and Data Packet

4. San Mateo County-wide Housing Needs Final Report, 11/3/2021

5. Electronic Housing Element Site Inventory Form

6. Menlo College Faculty and Staff Housing Considerations

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3.000 HOUSING ELEMENT (2023-2031 UPDATE)

3.100 INTRODUCTION

3.110 Purpose of the Housing Element
The State of California Government Code1requires that all cities within the San Francisco Bay Area update the Housing Element of their General Plan by January 1, 2023. The purpose of this document is to meet this requirement by evaluating the existing and projected housing needs of all economic segments of Atherton, evaluating existing policies and programs aimed at the preservation, improvement and development of housing and where appropriate, identifying new priorities.

The contents of this update include an analysis of housing needs, statements of goals and policies, a schedule of programs and actions and an estimate of the number of housing units the Town expects to be developed, improved and maintained in the local housing stock. Programs and policies included in the existing Housing Element were evaluated and modified where necessary to reflect changing market conditions and policy priorities.

Atherton is a residential community of approximately 7,200 residents with a land area of approximately six square miles. The Town is bordered by Menlo Park, Woodside, Redwood City and unincorporated San Mateo County. Founded in the early 1920’s, Atherton is characterized by large lot residential land use, where minimum lot size is 1/3 to 1 acre throughout the Town. There is no commercial or industrial land use in Atherton.

There are eight schools in Town, three of which are private.

3.120 Definition of Income Categories
Since the determination of housing need is often discussed in terms of income categories, it is important to define the categories used in this update at the outset. The California Department of Housing and Community Development (HCD) has established household income categories based on a proportion of the area’s median family income as summarized below:

TABLE HE-1: HCD INCOME CATEGORIES DEFINED
Income Category Definitions
Acutely Low 0 – 15% of area median income
Extremely Low 15% - 30% of area median income
Very Low 30%-50% of area median income
1 § 65588(e)(2)

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Lower2 50%-80% of area median income
Moderate 80%-120% of area median income
Above Moderate Above 120% of area median income
The income limits established by HCD for San Mateo County in 2021 are presented in Table HE-2.

TABLE HE-2: ANNUAL INCOME LIMITS BY HOUSEHOLD SIZE - 2021(US$) San Mateo County Income Limits (2021)
(
Number of Persons Per Household
(Maximum Income)
Income Category 1 2 3 4 5
Extremely Low $38,400 $43,850 $49,350 $54,800 $59,200
Very Low $63,950 $73,100 $82,250 $91,350 $98,700
Low Income $102,450 $117,100 $131,750 $146,350 $158,100 Median Income $104,700 $119,700 $134,650 $149,600 $161,550 Moderate Income $125,650 $143,600 $161,550 $179,500 $193,850 Source: HCD State Income Limits 2021 and State CDBG and HOME Income Limits.

TABLE HE-3: MONTHLY MAXIMUM AFFORDABLE HOUSING COST BY HOUSEHOLD SIZE – 2021 (US$)
San Mateo County Income Limits (2021)
Number of Persons Per Household
(Maximum Income)
Income Category 1 2 3 4 5
Extremely Low $960 $1,096 $1,234 $1,370 $1,480
Very Low $1,599 $1,828 $2,056 $2,284 $2,468
Low Income $2,561 $2,928 $3,294 $3,659 $3,953
Median Income $2,618 $2,993 $3,366 $3,740 $4,039
Moderate Income $3,141 $3,590 $4,039 $4,388 $4,846
Source: HCD State Income Limits 2013 and State CDBG and HOME Income Limits. 2 Term may also be used to mean 0% - 80% of AMI

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3.130 RHNA (Regional Housing Needs Allocation) 2023 - 2031 (6th Cycle) The Regional Housing Needs Allocation in the Bay Area is a process managed by ABAG (Association of Bay Area Governments) and MTC (Metropolitan Transportation Commission), whereby the housing needs for the Bay Area are distributed to the various County and city jurisdictions. The 2023 - 2031 period is the 6th RHNA cycle since the beginning of the process. The Town of Atherton has been assigned the allocations by income category, listed below for this cycle:

Very Low Income 94 dwelling units
Low Income 54 dwelling units
Moderate Income 56 dwelling units
Above Moderate Income 144 dwelling units

3.140 Relation to Other Elements (including General Plan Consistency Analysis) The Housing Element is closely related to the Land Use, Open Space and Circulation Elements. In the Housing Element, residential land use is translated into terms of household units to be accommodated in the future. Lands designated for residential use are identified in the Land Use Element; the location, site area and terrain suitable for housing is related to both open space and land use; and the capability of serving residential neighborhoods by an efficient circulation system is discussed in the Circulation Element.

State law requires that all elements of the general plan be consistent with each other.

The General Plan was reviewed to ensure that the goals and policies of this Housing Element are consistent with the other elements of the Town’s General Plan

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3.200 ASSESSMENT OF HOUSING NEEDS

3.210 Housing Needs Detailed Analysis
See Appendix for detailed Housing Needs Analysis.

3.211 Summary of Key Facts
People
● Population – Unlike the rest of the Bay Area, Atherton’s population has been declining. The Town’s population decreased by 2.3% from 2000-2020, while both the county and the Bay Area’s populations have increased (by 9% and 15% respectively). In Atherton, this has been the result of almost complete buildout of the Town in accordance with the General Plan, aging population, and policies that restrict land use to low density residential and minimum lot sizes to 1 acre or ⅓ acre. This increase throughout the region is mostly due to natural growth (births minus deaths) and a strong economy drawing new residents to the region. ● Income – Atherton has a lower percentage of lower income households than the rest of the county and region, with 17% of households earning less than 80% of the Area Median Income (AMI)3 compared to 40% of households in San Mateo County and 39% of households in the Bay Area as a whole.
● Age – Community members in Atherton are overall older than they were in the past. The median age has increased from 45.2 in 2000 to 47 in 2019. In 2019, 22.3% of the population was under 18 and 22.4% was over 65.
● Race/Ethnicity – Atherton is less diverse than the Bay Area as a whole. In 2019, 69% of the population was White, 21% was Asian, 4.4% was Latinx, and 0.8% was African American (see chart).
● Poverty – Currently, people of color in San Mateo County are more likely to experience poverty. The group with the highest poverty rate in Atherton is 3 The Area Median Income is the middle spot between the lowest and highest incomes earned.

The AMI for the county is $104,700 for a single person, $119,700 for a household of two and $149,600 for a family of four.

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Asian/Pacific Islander residents (5.3%). White (Hispanic and Non-Hispanic) residents have the lowest poverty rate (3.5%).4
Source: U.S. Census Bureau, American Community Survey
5-Year Data (2015-2019), Table B03002.

Jobs
● Employment – Generally, having a similar number of jobs and employed residents produces more benefits for a community, such as reducing traffic and climate impacts, and allowing people who work in the community to also live there. San Mateo County is job rich, meaning it has more jobs than employed residents.

In contrast, Atherton is job poor. Based on ABAG/MTC data, of 7,200 residents there are 2,870 employed residents and 2,726 jobs5in Atherton, resulting in a jobsto-resident-workers ratio of 0.95. However, the estimation of jobs likely includes commercial enterprises within the nearby County-unincorporated area as the Town has no commercial land use. The Town believes that a more accurate number for jobs in Atherton is far less and has advised ABAG/MTC of this concern during each Plan Bay Area review. Actual jobs with physical locations in Atherton are limited to Town employees, public and private school employees, country club employees and CalWater employees. There are, however, a number of service industry jobs that are located in Atherton, such as construction, delivery, and household. Unfortunately there is no data readily available to more accurately represent local jobs.
4 Some demographic groups do not have reported poverty rates or may have over/underestimated rates as a result of having a limited sample for the particular group. 5 Employed residents in a jurisdiction are counted by place of residence (they may work elsewhere) while jobs in a jurisdiction are counted by place of work (they may live elsewhere).

American Indian or
Alaska Native, NonHispanic
0%
Asian / API, NonHispanic
21%
Black or African
American, NonHispanic
White, Non1%
Hispanic
69%
Other Race or
Multiple Races,
Non-Hispanic
5%
Hispanic
or Latinx
4%
Population by Race, 2019

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Town of Atherton 2023-2031 Housing Element – DRAFT 9
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● Unemployment – Jurisdictions throughout the region experienced a sharp rise in unemployment in 2020 due to impacts related to the COVID-19 pandemic, though with a general improvement and recovery in the later months of 2020. As of January 2021, Atherton’s unemployment rate was 6.1%, which was slightly lower than the regional unemployment rate of 6.6% and much lower than its pandemicrelated high rate of 14.6% in April 2020. Atherton’s pre-pandemic unemployment rate was 2.8% (January 2020). (Source: California Employment Development Department, Local Area Unemployment Statistics (LAUS), Sub-county areas monthly updates, 2010-2021).

Housing and Households
● New Homes Built – The number of new homes built in the Bay Area has not kept pace with the demand, resulting in longer commutes, increasing prices, and exacerbating issues of displacement and homelessness. The number of homes constructed in Atherton decreased 1% from 2010 to 2020, which is below the growth rate for San Mateo County and below the housing growth rate of the region’s housing stock during this period (4% and 5% respectively). ● Home Prices and Rents –
Housing prices in Atherton are
not seen as affordable to most
residents and workers in the
region. Given high job growth
and low housing growth in the
county, the cost of housing in
Atherton has increased
significantly in the past decade:
o Sales Price – In 2020, the average sales price of a single-family home in Atherton was approximately $7,897,800. Home prices increased by 196% from 2010 to 2020.6
o Rental Prices – Rental prices increased by 60% from 2009 to 2019. The median rent in 2019 was $3,200. To rent a typical apartment without cost burden, a household would need to make $128,320 per year.7 6 San Mateo Association of REALTORS Annual Reports 2010-2020 7 Note that contract rents may differ significantly from, and often being lower than, current listing prices.
$1,000,000
$3,000,000
$5,000,000
$7,000,000
$9,000,000
$11,000,000
Atherton Average Home Sales Price

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● Housing Type – In 2020, 98% of homes in Atherton were single family detached, 2% were single family attached, 0.2% were small multifamily (2-4 units), and 0% were medium or large multifamily (5+ units). Atherton’s housing consists of more detached single-family homes than the region as a whole (98% as compared to 52% in the Bay Area)
● Housing for Large Families - Large families are generally served by homes with 3 or more bedrooms, of which there are 2,093 units in Atherton (94% of the housing).

Among these 3+ bedroom units, 6% are renter-occupied and 94% are owneroccupied. ● Cost Burden – The U.S. Department of Housing and Urban Development (HUD) considers housing to be affordable for a household if the household spends less than 30% of its income on housing costs. A household is considered “costburdened” if it spends more than 30% of its monthly income on housing costs, while those who spend more than 50% of their income on housing costs are considered “severely cost-burdened.” In Atherton, 14% of households are cost burdened, while an additional 18% of households are severely cost burdened. ● Neighborhood Equity – Some neighborhoods are identified as “Highest Resource” or “High Resource” by the State of California based on a range of indicators such as access to community resources–quality schools, proximity to jobs and economic opportunities, low pollution levels, and other factors.8 Neighborhoods don’t always receive an equitable share of these community resources and may be designated as “Low Resource” if they lack these amenities. Approximately 40% of residents in Atherton live in neighborhoods identified as “Highest Resource” or “High Resource”, while no residents live in areas identified by this research as “Low Resource”.
● Displacement & Gentrification – Displacement, or the inability of residents to afford to remain in their homes, is a major concern in the Bay Area due to increasing housing prices. Displacement has the most severe impacts on low- and moderateincome residents. When individuals or families are forced to leave their homes and communities, they lose their support network. A related concern is the impact of gentrification or exclusion—when neighborhoods have limited or no housing opportunities for low- and moderate-income residents.
8 For more information on the “opportunity area” categories developed by HCD and the California Tax Credit Allocation Committee, see this website:
https://www.treasurer.ca.gov/ctcac/opportunity.asp.

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Low-income households are excluded from virtually all of Atherton's neighborhoods due to the high cost of land. The notable exception to this is accessory dwelling units (ADUs) and junior ADUs (JADUs) throughout town. The Town supports and encourages an active and successful home-sharing program through HIP Housing. Lastly, Menlo College provides extensive dormitory use for students that would otherwise be housed and renting affordable units off campus.

By supporting multi-family housing on campus, the Town is able to assist in opening up scarce affordable housing resources throughout the region. ● Special Housing Needs – Some population groups may have special housing needs such as mobility and accessibility barriers. In Atherton, 7.8% of residents have a disability of any kind and may require accessible housing. Additionally, 13% of Atherton households are larger households with five or more people, who likely need larger housing units with three bedrooms or more. Also, 5.4% of households are female-headed families, which are often at greater risk of housing insecurity, or being at risk of losing their home.

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3.300 ATHERTON FAIR HOUSING ASSESSMENT

3.310 Introduction – What is Fair Housing?
The State of California’s 2018 Assembly Bill (AB 686) requires that all public agencies in the state affirmatively further fair housing (AFFH) beginning January 1, 2019. Public agencies receiving funding from the U.S. Department of Housing and Urban Development (HUD) are also required to demonstrate their commitment to AFFH. The federal obligation stems from the fair housing component of the federal Civil Rights Act mandating federal fund recipients to take “meaningful actions” to address segregation and related barriers to fair housing choice. The Town does not receive HUD funding.

AB 686 requires all public agencies to “administer programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing, and take no action inconsistent with this obligation”9
AB 686 also makes changes to Housing Element Law to incorporate requirements to AFFH as part of the housing element and general plan to include an analysis of fair housing outreach and capacity, integration and segregation, access to opportunity, disparate housing needs, and current fair housing practices.

Affirmatively Furthering Fair Housing
“Affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development. (Gov. Code, § 8899.50, subd. (a)(1).)”
Source: California Department of Housing and Community Development Guidance, 2021, page 14. 9 California Department of Housing and Community Development Guidance, 2021, page 9.

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History of segregation in the region. The United
States’ oldest cities have a history of mandating
segregated living patterns—and Northern
California cities are no exception. ABAG, in its
recent Fair Housing Equity Assessment, attributes
segregation in the Bay Area to historically
discriminatory practices—highlighting redlining
and discriminatory mortgage approvals—as
well as “structural inequities” in society, and
“self-segregation” (i.e., preferences to live near
similar people). The narrative below applies
regionally and is not solely specific to the Town
of Atherton.

Researcher Richard Rothstein’s 2017 book The
Color of Law: A Forgotten History of How Our
Government Segregated America chronicles
how the public sector contributed to the
segregation that exists today. Rothstein
highlights several significant developments in
the Bay Area region that played a large role in where the region’s non-White residents settled.

Pre-civil rights San Mateo County faced resistance to racial integration, yet it was reportedly less direct than in some Northern California communities, taking the form of “blockbusting” and “steering” or intervention by public officials. These local discriminatory practices were exacerbated by actions of the Federal Housing Administration which excluded low-income neighborhoods, where the majority of people of color lived, from its mortgage loan program.

According to the San Mateo County Historical Association. San Mateo County’s early African Americans worked in a variety of industries, from logging, to agriculture, to restaurants and entertainment. Expansion of jobs, particularly related to shipbuilding during and after World War II attracted many new residents into the Peninsula, including the first sizable migration of African Americans. Enforcement of racial covenants after the war forced the migration of the county’s African Americans into neighborhoods where they were allowed to occupy housing—housing segregated into less desirable areas, next to highways, and concentrated in public housing and urban renewal developments.

This history of segregation in
the region is important not
only to understand how
residential settlement
patterns came about—but,
more importantly, to explain
differences in housing
opportunity among residents
today. In sum, not all
residents had the ability to
build housing wealth or
achieve economic
opportunity. This historically
unequal playing field in part
determines why residents
have different housing needs
today.

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The private sector contributed to segregation through activities that discouraged (blockbusting) or prohibited (restrictive covenants) integrated neighborhoods. The segregationary effect of blockbusting activities in the County is most well-documented in East Palo Alto. In 1954, after a white family in East Palo Alto sold their home to an African American family, the then-president of the California Real Estate Association set up an office in East Palo Alto to scare white families into selling their homes (“for fear of declining property values”) to agents and speculators. These agents then sold these homes at over-inflated prices to African American buyers, some of whom had trouble making their payments. Within six years, East Palo Alto—initially established with “whites only” neighborhoods—became 82% African American. The FHA prevented reintegration by refusing to insure mortgages held by white buyers residing in East Palo Alto.

Throughout the county, neighborhood associations and city leaders attempted to thwart integration of communities. Although some neighborhood residents supported integration, most did not, and it was not unusual for neighborhood associations to require acceptance of all new buyers. Builders with intentions to develop for all types of buyers (regardless of race) found that their development sites were rezoned by planning councils, required very large minimum lot sizes, and\or were denied public infrastructure to support their developments or charged prohibitively high amounts for infrastructure.

The timeline of major federal acts and court decisions related to fair housing choice and zoning and land use appears on the following page.

As shown in the timeline, exclusive zoning practices were common in the early 1900s.

Courts struck down only the most discriminatory and allowed those that would be considered today to have a “disparate impact” on classes protected by the Fair Housing Act. For example, the 1926 case Village of Euclid v. Amber Realty Co. (272 U.S. 365) supported the segregation of residential, business, and industrial uses, justifying separation by characterizing apartment buildings as “mere parasite(s)” with the potential to “utterly destroy” the character and desirability of neighborhoods. At that time, multifamily apartments were the only realistic housing options for people of color, including immigrants.

The Federal Fair Housing Act was not enacted until nearly 60 years after the first racial zoning ordinances appeared in U.S. cities. This coincided with a shift away from federal control over low-income housing toward locally-tailored approaches (block grants) and market-oriented choice (Section 8 subsidies)—the latter of which is only effective when adequate affordable rental units are available.

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August 2022
Major Public and Legal Actions that Influence Fair Access to Housing

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3.320 Section Content and Organization
This Fair Housing Assessment follows the April 2021 State of California State Guidance for AFFH. The study was conducted as part of the 21 Elements process, which facilitates the completion of Housing Elements for all San Mateo County jurisdictions.

Section 3.330. Fair Housing Enforcement and Outreach Capacity reviews lawsuits, enforcement actions, and complaints against the jurisdiction; compliance with state fair housing laws and regulations; and jurisdictional capacity to conduct fair housing outreach and education.

Section 3.340. Integration and Segregation identifies areas of concentrated segregation, degrees of segregation, and the groups that experience the highest levels of segregation
Section 3.350. Access to Opportunity examines differences in access to education, transportation, economic development, and healthy environments.

Section 3.360. Disparate Housing Needs identifies which groups have disproportionate housing needs including displacement risk.

Section 3.370. Site Inventory Analysis provides an analysis of sites identified to meet RHNA obligations for their ability to affirmatively further fair housing.

Section 3.380. Contributing Factors and Fair Housing Action Plan identifies the primary factors contributing to fair housing challenges and the plan for taking meaningful actions to improve access to housing and economic opportunity.

Fair Housing Appendices
◼ Resident survey results—findings from a survey of San Mateo County residents on their experience finding and remaining in housing
◼ Disparate Access to Educational Opportunities—findings from a countywide analysis of access to education and educational outcomes by protected class. ◼ State Fair Housing Laws and Regulations—summary of key state laws and regulations related to mitigating housing discrimination and expanding housing choice
◼ Fair Housing Organizations in San Mateo County—mission, services, and contact information

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3.321 Primary Findings
This section summarizes the primary findings from the Fair Housing Assessment for Atherton including the following sections: fair housing enforcement and outreach capacity, integration and segregation, access to opportunity, disparate housing needs, and contributing factors and the town’s fair housing action plan. ◼ From 2017 to 2021, 57 fair housing complaints in San Mateo County were filed with the U.S. Department of Housing and Urban Development (HUD)—there were no complaints identified for Atherton. Compared to nearby Redwood City and Menlo Park, Atherton does not appear to have any housing stock currently used by renters with housing vouchers. The Town does not have an inventory of income assisted rental units and to our knowledge, no one has requested the use of vouchers.
◼ Atherton stands out for the income level of its residents and high ownership rates. ◼ Racial and ethnic minorities living in Atherton are wealthier compared to the county. However, in general:
⮚ Households of other or multiple races experience higher rates of cost burden—56% are extremely cost burdened, compared to 16% in Atherton overall (Figure IV-11). Lower income households are also more likely to experience housing cost burden. One out of seven households with income below 80% AMI are severely cost burdened (Figure IV-10). ⮚ Racial and ethnic minorities are more likely than non-Hispanic White households to experience overcrowding. Other races (21% of households), and Hispanic households (19%), experience the highest rates of overcrowding (Figure IV-17).
⮚ Disparities by race and ethnicity are prevalent for home mortgage applications, particularly in denial rates. Hispanic (60% denial rate) and Asian/API (29%) have the highest denial rates for mortgage loan applications in 2018 and 2019, compared to non-Hispanic White households (18%) (Figure IV-33).
◼ Population growth in Atherton since 2010 has been slower than the County’s and the town has not reached the population level it had prior to the late 1900’s (Figure IV-1). Despite the low population growth, home values accelerated since 2014 (Figure IV-5). Atherton is part of Silicon Valley and home prices have been driven by the regional economy that has generated significant value. Atherton is one of

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the region's most expensive communities. Though it is separately incorporated, its economy and home prices are largely due to regional growth and demand. ◼ However, growth in home prices has not translated to more building activity. The majority of the housing inventory in Atherton was constructed from 1940 to 1959, with 1,087 units built between 1940 to 1959 compared to 180 units built in 2010 or later (Figure IV-3).
◼ Atherton has relatively the same share of residents with a disability compared to the county (Figure III-17). In general, residents living with a disability are more likely to be unemployed and an aging population is putting a strain on paratransit access countywide.
⮚ Regionally, unemployment is disproportionately high among residents living with a disability at 11% compared to 5% for residents without a disability in Atherton—particularly when compared to the county (Figure III-20).
◼ Atherton is served by the Menlo Park City, Redwood City, and Las Lomitas Elementary School Districts. The Town is split into thirds amongst these districts. ◼ Countywide 27% of Hispanic students met or exceeded mathematics testing standards and 40% met or exceeded English testing standards. Hispanic students in Menlo Park City Elementary, Las Lomitas Elementary, and Redwood City Elementary, which includes Atherton’s Adelante Selby Spanish Immersion School, performed better compared to the county (55%, 44%, and 34% respectively in mathematics and 62%, 65%, and 43% in English).
◼ Overall, 29% of public-school students in San Mateo County qualify for reduced lunch. This was substantially higher in Redwood City Elementary School District, where 56% of students qualify for reduced lunch which includes Atherton’s Adelante Selby Spanish Immersion School. County-wide, 20% of public-school students are English learners. Again, this rate is higher at Redwood City Elementary, where 38% of students are English learners. In contrast, the share of students who qualify for reduced lunch, are experiencing homelessness, or are English learners is lower in Menlo Park City Elementary and Las Lomitas Elementary is significantly lower than the countywide share (Disparate Access to Educational Opportunities Appendix).

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◼ At the high school level, Sequoia Union district has the highest dropout rate in the County (10%), with dropout rates among Pacific Islander (20%), Hispanic (16%), and Black (12%) students are being higher than amongst their peers of other races and/or ethnicities (Disparate Access to Educational Opportunities Appendix).

3.330 Fair Housing Enforcement and Outreach Capacity
This section discusses fair housing legal cases and inquiries, fair housing protections and enforcement, and outreach capacity.

Fair housing legal cases and inquiries. California fair housing law extends beyond the protections in the Federal Fair Housing Act (FHA). In addition to the FHA protected classes—race, color, ancestry/national origin, religion, disability, sex, and familial status—California law offers protections for age, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, and source of income (including federal housing assistance vouchers).

The California Department of Fair Employment in Housing (DFEH) was established in 1980 and is now the largest civil rights agency in the United States. According to their website, the DFEH’s mission is, “to protect the people of California from unlawful discrimination in employment, housing and public accommodations (businesses) and from hate violence and human trafficking in accordance with the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, Disabled Persons Act, and Ralph Civil Rights Act”.10
DFEH receives, evaluates, and investigates fair housing complaints. DFEH plays a particularly significant role in investigating fair housing complaints against protected classes that are not included in federal legislation and therefore not investigated by HUD. DFEH’s website provides detailed instructions for filing a complaint, the complaint process, appealing a decision, and other frequently asked questions.11 Fair housing complaints can also be submitted to HUD for investigation.

Additionally, San Mateo County has a number of local enforcement organizations including Project Sentinel, the Legal Aid Society of San Mateo County, and Community Legal Services in East Palo Alto. These organizations receive funding from the County and participating jurisdictions to support fair housing enforcement and outreach and education in the County.
10 https://www.dfeh.ca.gov/aboutdfeh/
11 https://www.dfeh.ca.gov/complaintprocess/

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From 2017 to 2021, 57 fair housing complaints in San Mateo County were filed with the U.S. Department of Housing and Urban Development (HUD)—none of the complaints were in Atherton. The data below reflects complaint data submitted for the region.

Countywide, most complaints cited disability status as the bias (56%) followed by race (19%), and familial status (14%). No cause determination was found in 27 complaints followed by successful conciliation or settlement with 22 complaints. Fair housing inquiries in 2020 were submitted primarily from the City of San Mateo, Redwood City, Daly City, and Menlo Park.

Fair housing complaints filed with HUD by San Mateo County residents have been on a declining trend since 2018, when 18 complaints were filed. In 2019, complaints dropped to 5, increased to 11 in 2020, and had reached 6 by mid-2021.

Nationally, the National Fair Housing Alliance (NFHA) reported a “negligible” decrease in the number of complaints filed between 2019 and 2020. The primary bases for complaints nationally were nearly identical to San Mateo County’s: disability (55%) and race (17%). Familial status represented 8% of complaints nationally, whereas this basis comprised 14% of cases in the county.

NFHA identifies three significant trends in 2020 that are relevant for San Mateo County:
◼ First, fair lending cases referred to the Department of Justice from federal banking regulators have been declining, indicating that state and local government entities may want to play a larger role in examining fair lending barriers to homeownership.
◼ Second, NFHA identified a significant increase in the number of complaints of harassment—1,071 complaints in 2020 compared to 761 in 2019. ◼ Finally, NFHA found that 73% of all fair housing complaints in 2020 were processed by private fair housing organizations, rather than state, local, and federal government agencies—reinforcing the need for local, active fair housing organizations and increased funding for such organizations.12 There were no complaints filed against the Town. Residents in Atherton are either not confronted by housing discrimination, or, if they are, have the financial power to overcome it without filing a complaint. There are affordable housing opportunities at Menlo College for students, staff, faculty, and their families; as well as accessory 12 https://nationalfairhousing.org/2021/07/29/annual-fair-housing-report-shows-increase-inhousing-harassment/

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dwelling units throughout Town rented at affordable rates. There too, there have not been any housing complaints filed.

In preparing this AFFH, the San Mateo County jurisdictions participating in 21 Elements participated in a discussion with the local fair housing organizations Legal Aid of San Mateo County and Project Sentinel to learn about fair housing trends and concerns, as well as to discuss best practices in AFFH. Following this discussion, the consultant team contacted local fair housing organizations to obtain local data on fair housing complaints and lawsuits beyond what was available in HCD and HUD datasets.

Consultants also obtained and analyzed data from HUD. These datasets were compared for duplicate cases and analyzed and appear in the graphics and tables in this section.

Outreach and capacity. The Town of Atherton has posted its Draft Housing Element for 2023-2031 and advertised to residents an ADU survey, multiple special meetings and study sessions with the City Council, and plans to host community forums in January to gain input on the final Housing Element. The outreach was conducted via direct mailers to each property owner, use of social media, e-blasts to the Town’s registered email list and emails to housing organizations requesting notification.

Atherton has and will improve the accessibility of fair housing information on its website and resources for residents experiencing housing discrimination. Information on housing resources has already been expanded on the town’s website as well as information or resources for residents experiencing discrimination in housing or the Fair Housing Act. This includes providing contact information for local fair housing organizations, legal assistance, and general information about the Fair Housing Act and discrimination.

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Housing specific policies enacted locally. Atherton identified the following local policies that contribute to the regulatory environment for affordable housing development in the town.

Local policies in place to encourage housing development. ◼ Density bonuses for affordable housing per State Density Bonus Law ◼ Exempt floor area for ADU and JADU construction
◼ Local Ordinance implementing SB9
◼ Support for school and faculty housing solutions throughout Town and on campuses Local policies that are NOT in place but have Council interest for further exploration. ◼ Expanded ADU development and rental programs as well as incentives, to include reduction in fees
◼ Expanding support for school and faculty housing solutions ◼ Support for multiple single-family ADU rentals on single-family zoned parcels ◼ Fair housing legal service referrals
◼ Housing counseling subsidy referrals
The greatest barrier to construction of affordable housing in Atherton is the high cost of land. Property values in Atherton greatly outpace average land cost in other jurisdictions in San Mateo County. The current average cost of an acre is $7-8 million.

The Town believes that the high cost of land deters development opportunities for large-scale affordable housing projects. The Town believes that a distributed approach through the use of an ADU and JADU development and rental program mitigates the high cost of land and will ultimately be more successful. The graph below shows the radical difference in home values in Atherton that reflect the high cost of land as compared to other jurisdictions in San Mateo County and throughout the Bay Area.

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According to the California Department of Housing and Community Development AFFH Data Viewer (HCD data viewer), Atherton does not have public housing buildings. Atherton also does not have a significant share of households using housing vouchers.

Compared to nearby Redwood City and Menlo Park, to the Town’s knowledge, the Town does not have housing stock being utilized by renters with housing vouchers. The lack of presence of housing voucher users could indicate limited or no rental supply to house these residents.

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Bay Area policies are interconnected; Atherton’s land use policies that limit the parcel size and restrict multifamily development contribute to housing shortages in other areas of the county. Due to the high cost of housing, town employees and service workers are forced to other areas in search of affordable housing that is not found in the town in which they work. However, the Town does support the expansion of multifamily housing for students, staff and faculty at its local school sites that opens up affordable housing found in other communities by housing these individuals locally.

The figure above shows Atherton lacks renter-occupied housing compared to San Mateo County and the Bay Area. 40% of San Mateo County households are renters compared to only 7% in Atherton. This suggests that workers who cannot afford Atherton must rent elsewhere in the county, given the very limited numbers of rental units in Atheron. There are only 150 renter households in Atherton compared to 2,065 owner-occupied households. These statistics do not include multifamily rental opportunities at school sites. Both numbers have stayed relatively stagnant since 2000.

Renters in Atherton are young: 74% of those aged 15-24 and 88% of those aged 25-34 are renters. Unless they benefit from familial wealth, these renters must leave the town to purchase homes. Data is from ACS 5-year data (2015-2019).

According to ACS data, there are no multi-family homes, boats, RVs, vans or other types of housing in Atherton. 93% (2,021) of detached single-family homes are owneroccupied and 7% (150) are renter-occupied—providing the only rental stock in Atherton. All attached single-family homes (38) and mobile homes (6) are ownerPage 128 of 443 Town of Atherton 2023-2031 Housing Element – DRAFT 26
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occupied.. Attached single-family homes have grown by only 30 homes and single family detached homes have lost 61 units in the past decade. The California Department of Finance counts six multi family homes with two to four units built in 2020.

Local Data and Knowledge. The demographics seen today are rooted in the region's history. In the 1960s, continued disinvestment and urban renewal in areas surrounding Atherton, such as East Palo Alto, exacerbated housing and education inequality.

Frustrated families in East Palo Alto petitioned for redistricting to address their concerns about education. The lines were drawn and redrawn, and eventually many Black students were bussed to Menlo-Atherton high school. Entrenched housing segregation translated to tension within the school. Black students felt unwelcome and white students felt unsafe in what developed as a microcosm of the exclusionary housing debate formed outside the school walls. The District Board of Trustees representing Menlo-Atherton High responded by limiting the policy to include only students living two miles or more from the school, strategically excluding Black neighborhoods as white students mostly had their own transportation. Protests and fighting ensued.13 Housing and educational boundaries go hand in hand. Over the years, overt tension has abated, but the effects of District policies and land use decision-making can still be seen. The zoning code in Atherton limits parcel size to primarily 1-acre parcels and this has an impact on student demographics by limiting the overall number of students and the income level of the parents of those students due to the extremely high land cost. The zoning code in Atherton has almost exclusively permitted 1-acre parcels and single-family developments. The population charts below show how Atherton’s history is reflected in the demographics today. Data is from ACS. 13 https://www.machronicle.com/menlo-athertons-race-riots/

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3.340 Integration and Segregation
This section discusses integration and segregation of the population by protected classes including race and ethnicity, disability status, familial status, and income status.

Integration and Segregation
“Integration generally means a condition in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability when compared to a broader geographic area.

Segregation generally means a condition in which there is a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a type of disability in a particular geographic area when compared to a broader geographic area.”
Race and ethnicity. Atherton is a less diverse community compared to the county. The largest proportion of the population is non-Hispanic White (69% v. 39% countywide), followed by Asian/API (21% v. 30% countywide). Residents of other or multiple races make up 5% of the population, Hispanic residents make up 4% of the population, and

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Black or African American residents make up 1%.14 The chart below, informed by ACS 2019 5-year data, shows the differences in racial makeup between Atherton, San Mateo County, and the Bay Area. Note that diversity by age cohort varies—older residents are less diverse with 89% of the population older than 65 years identifying as White compared to 61% of the population for children under the age of 18 years old.

The Dissimilarity Index, or DI, is a common tool that measures segregation in a community. The DI is an index that measures the degree to which two distinct groups are evenly distributed across a geographic area. The DI represents the percentage of a group’s population that would have to move for each area in the county to have the same percentage of that group as the county overall.

DI values range from 0 to 100—where 0 is perfect integration and 100 is complete segregation. Dissimilarity index values between 0 and 39 generally indicate low segregation, values between 40 and 54 generally indicate moderate segregation, and values between 55 and 100 generally indicate a high level of segregation. 14 The share of the population that identifies as American Indian or Alaska Native is less than 1%.

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The isolation index is interpreted as the probability that a randomly drawn minority resident shares an area with a member of the same minority, it ranges from 0 to 100 and higher values of isolation tend to indicate higher levels of segregation.

Disability status. The share of the population living with at least one disability is 8% in Atherton, which is the same as in San Mateo County. This has changed little over time, as the population was 7% in 2012. The three most common types of disabilities among those Atherton residents who indicated they were disabled are ambulatory difficulties (4.5%), cognitive difficulties (3.0%) and hearing difficulties (3.0%). no census tracts in the town with a share of the population living with a disability above 10%. Geographic concentrations of people living with a disability may indicate the area has ample access to services, amenities, and transportation that support this population.

In addition, there are an estimated 18 individuals in Atherton with developmental disabilities, which include Down's Syndrome, autism, epilepsy, cerebral palsy, and mild to severe mental retardation. Of those in Atherton with a developmental disability,

27.8% are children under the age of 18 and 72.2% are adults. The most common living situation for individuals with developmental disabilities in Atherton is the home of a parent, family member or guardian; the second most common is independent or supported living facilities.

Familial Status. Atherton is home to more married-couple families and families with children than the county with 74% households being married-couple families compared to only 55% in the County. The town is home to fewer single-person households (13% v. 22% countywide v. 25% for the Bay Area). This is up from 61.7% of married-couple families in Atherton in 2010. The large, expensive homes in the area may draw prosperous couples in while also making it necessary to have incomes of two people to be able to afford the cost of living.Atherton has a similar share of families with children as both the county and the region (35% v. 33% countywide v. 32% for the Bay Area). It would appear that the greater concentration of large, single-family homes in Atherton compared to the region has little impact on the presence of children in a household.

The vast majority of households in Atherton are homeowners (93%). The number of housing units available by number of bedrooms and tenure is consistent with the familial status of the households that live in Atherton.

Household income. The household income distribution by percent of area median income (AMI) in Atherton is much more concentrated at above 100% AMI compared

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to the county (79% v. 49% countywide). There are no census tracts in the town with concentrations of poverty rates over 10%. Zoning exclusively for single family home development can drive up the area median income.

3.3550 Racially or ethnically concentrated areas of poverty and affluence Racially Concentrated Area of Poverty or an Ethnically Concentrated Area of Poverty (R/ECAP) and Racially Concentrated Areas of Affluence (RCAAs) represent opposing

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ends of the segregation spectrum from racially or ethnically segregated areas with high poverty rates to affluent predominantly white neighborhoods. Historically, HUD has paid particular attention to R/ECAPs as a focus of policy and obligations to AFFH.

Recent research out of the University of Minnesota Humphrey School of Public Affairs argues for the inclusion of RCAAs to acknowledge current and past policies that created and perpetuate these areas of high opportunity and exclusion.15 It is important to note that R/ECAPs and RCAAs are not areas of focus because of racial and ethnic concentrations alone. This study recognizes that racial and ethnic clusters can be a part of fair housing choice if they occur in a non-discriminatory market. Rather, R/ECAPs identify areas where residents may have historically faced discrimination and continue to be challenged by limited economic opportunity, and conversely, RCAAs are meant to identify areas of particular advantage and exclusion.

R/ECAPs
HCD and HUD’s definition of a Racially/Ethnically Concentrated Area of Poverty is:
◼ A census tract that has a non-White population of 50 percent or more (majorityminority) or, for non-urban areas, 20 percent, AND a poverty rate of 40 percent or more; OR
◼ A census tract that has a non-white population of 50 percent or more (majorityminority) AND the poverty rate is three times the average tract poverty rate for the County, whichever is lower.

Source: California Department of Housing and Community Development Guidance, 2021.

For this study, the poverty threshold used was three times the average tract poverty rate for the County—or 19.1%. In addition to R/ECAPs that meet the HUD threshold, this study includes edge or emerging R/ECAPs which hit two thirds of the HUD defined threshold for poverty—emerging R/ECAPs in San Mateo County have 2 times the average tract poverty rate for the county (12.8%).

In 2010 there were three census tracts that qualify as R/ECAPs (19.4% poverty rate) in the county and 11 that qualify as edge R/ECAPs (13% poverty rate). None of the R/ECAPs were located in Atherton in 2010.
15 Goetz, E. G., Damiano, A., & Williams, R. A. (2019). Racially Concentrated Areas of Affluence:

A Preliminary Investigation. Cityscape: A Journal of Policy Development and Research, 21(1), 99–124

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In 2019 there are two census tracts that qualify as R/ECAPs (19.1% poverty rate) in the county and 14 that qualify as edge R/ECAPs (12.8% poverty rate). None of the 2019 R/ECAPs or edge R/ECAPs are located in Atherton. Below is the map for R/ECAPS in 2010.

There are two R/ECAPs bordering Atherton in the Redwood City area and several more edge R/ECAPs. he cluster of R/ECAPs on the border of Atherton is significant, because it shows that 1) minority census tracts tend not to access resources west of Redwood City, including Atherton; and 2) there are stronger minority communities that choose to live outside of the affluent, neighborhoods in Atherton. Both of these options inform each other.

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In 2019, there remains a cluster of R/ECAPs and edge R/ECAPS on the border of Atherton.

The only change in the maps regionally is the expansion of the East Palo Alto/ Menlo Park area as an edge R/ECAP.

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RCAAs. HCD’s definition of a Racially Concentrated Area of Affluence is:

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◼ A census tract that has a percentage of total white population that is 1.25 times higher than the average percentage of total white population in the given COG region, and a median income that was 2 times higher than the COG AMI.

Atherton is considered an RCAA (based on 2019 data) because its total white population is 67% while that of the Association of Bay Area Governments (ABAG) is 40%. The map below shows Atherton’s proximity to other RCAAs. Atherton is largely surrounded by communities that are also RCAAs. These include portions of Menlo Park, Woodside, Portola Valley, Palo Alto, and Redwood City. As one travels West on El Camino Real towards Redwood City, there are fewer RCAAs. Although maps are not available through time, analysis shows that the white population has remained the majority demographic throughout Atherton’s history. Atherton has consistently had high home prices compared to San Mateo County and the Bay Area, suggesting that high income people are drawn to the area and are willing to pay a high price for large homes in the residential town. The Stanford area has more racial and income diversity from its student body and staff. The Palo Alto area is still expensive, and many employees of the University likely bypass Atherton and Menlo Park for cheaper housing in Sunnyvale and Redwood City.

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Although poverty rates within Atherton are very low, there are still minor disparities by race. For example, 5.3% of Asian and Asian Pacific Islanders are in poverty compared to 3.5% of white households. While the percentage is zero, Black, American Indian and Alaska Native populations may also face poverty in Atherton, but this should be interpreted with caution as the sample is far too small to draw conclusions. This chart shows that, although the area is considered a RCAA, within Atherton’s small Black Indigenous and People of Color (BIPOC) population there are variations of experience.

3.360 Access to Opportunity
This section discusses disparities in access to opportunity among protected classes including access to quality education, employment, transportation, and environment.

Access to Opportunity
“Access to opportunity is a concept to approximate place-based characteristics linked to critical life outcomes. Access to opportunity oftentimes means both improving the quality of life for residents of low-income communities, as well as supporting mobility and access to ‘high resource’ neighborhoods16. This encompasses education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, and other opportunities, including recreation, food and healthy 16 Neighborhoods with the greatest access to public parks, transit, schools, grocery stores, and health facilities.

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environment (air, water, safe neighborhood, safety from environmental hazards, social services, and cultural institutions).”
Source: California Department of Housing and Community Development Guidance, 2021, page 34.

The California Tax Credit Allocation Committee (TCAC) in collaboration with HCD developed a series of opportunity maps that help to identify areas of the community with good or poor access to opportunity for residents. These maps were developed to align funding allocations with the goal of improving outcomes for low-income residents—particularly children.

The opportunity maps highlight areas of highest resource, high resource, moderate resource, moderate resource (rapidly changing), low resource and high segregation and poverty. TCAC provides opportunity maps for access to opportunity in quality education, employment, transportation, and environment. Opportunity scores are presented on a scale from zero to one and the higher the number, the more positive the outcomes.

Education. TCAC’s education score is based on math proficiency, reading proficiency, high school graduation rates, and the student poverty rate. According to TCAC’s educational opportunity map, census tracts in Atherton score between 0.25 and

0.75—opportunity scores are presented on a scale from zero to one and the higher the number, the more positive the outcomes. The census tract scoring between 0.25 and

0.50 is located west of El Camino Real and the census tract to the east scores between

0.50 and 0.75.

Patterns within San Mateo County reveal that over the last decade, schools have become increasingly more diverse, with Hispanic students making up 38% of enrollments. Ravenswood and Redwood City, to the West and Northeast of Atherton respectively, have the highest number of Hispanic students in the County at 84% and 70%. In Redwood City Elementary, which includes Adelante Selby Spanish Immersion School in Atherton, more than one-third of students are English learners. Ravenswood serves the census tract that scored between 0.25 and 0.50. Therefore, the significant number of English learner students could be skewing down the educational outcomes in that census tract compared to schools with more proficient English speakers An astounding 30% of students at Ravenswood Elementary are experiencing homelessness compared to the county-rate of 2%. Without a stable place to complete schoolwork and, most importantly, feel safe and secure, students are unable to reach their full potential and thus have lower education scores. There are limited affordable

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Atherton City CouncilJanuary 18, 2023

Atherton City Council
January 18, 2023