Atherton City Council
July 3, 2024

AGENDA PACKET
Town of Atherton
City Council
JULY 03, 2024
SPECIAL MEETING
4:00 PM
Council Chambers
80 Fair Oaks Lane, Atherton, CA 94027
IN PERSON ONLY
Remote Public Comments:

Meeting participants are encouraged to submit public comments in writing in advance of the meeting. The following email will be monitored during the meeting and public comments will be documented for the record.

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.

SPECIAL MEETING
ROLL CALL – Holland, DeGolia, Widmer, Vice Mayor Lewis, Hawkins­Manuelian PUBLIC COMMENT – Public Comments can be emailed directly to [email protected]
As a Special Meeting, Public Comment is limited to items that are on the Agenda. Speakers’ time is limited to three minutes. Speakers may also speak when the item comes up on the Agenda during the meeting.

SPECIAL MEETING ITEMS

1. REVIEW THE CITY COUNCIL HANDBOOK; DIRECT ANY CHANGES; AND CONFIRM COUNCIL POLICIES AND PROCEDURES
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council review the City Council Handbook; direct any changes; and confirm Council Policies and Procedures.

Description: This item is a discussion of the City Council Handbook, Rules of Procedure, Code of Conduct and Committee Resolution. The Council will review the various policies, make any recommendations for change, and confirm all policies.

COUNCIL REPORTS/COMMENTS

ADJOURN
PLEASE NOTE THE FOLLOWING INFORMATION:

If you challenge a Town zoning, planning, or any other decision in court, you may be limited to raising Meeting Agenda Packet – July 03, 2024

Description: This item is a discussion of the City Council Handbook, Rules of Procedure, Code of Conduct and Committee Resolution. The Council will review the various policies, make any recommendations for change, and confirm all policies.

COUNCIL REPORTS/COMMENTS

ADJOURN
PLEASE NOTE THE FOLLOWING INFORMATION:

If you challenge a Town zoning, planning, or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the Town 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)
Public Comments:

The Town of Atherton Council and Committee or Commission meetings are a limited public forum, and all public comment must relate to something that is within the subject matter jurisdiction of the Council or Committees. If comments do not relate to the subject matter jurisdiction of the Council or Committee, we will stop the comment and a warning  may be provided. If the comment continues to be outside of the subject matter jurisdiction the speaker will be stopped, and we will move on to the next speaker. Speakers found in violation of this rule of procedure may be removed from the meeting.

Rules of Decorum:

No person participating in a public meeting shall engage in disorderly or boisterous conduct — including but not limited to applause, whistling, feet stamping, booing or making any loud, threatening, profane, abusive, personal, impertinent or slanderous uttering or comments. No person is allowed to disturb, disrupt, or otherwise impede the orderly conduct of the meeting.

If any person continues to breach the Rules of Decorum in a manner that disturbs, disrupts or otherwise impedes the orderly conduct of the meeting following an order from the Mayor, or Presiding Officer, to cease the offending conduct, the Mayor, or Presiding Officer, may order that pe Meeting Agenda Packet – July 03, 2024

Item No. 1
Town of Atherton
CITY COUNCIL STAFF REPORT – STUDY SESSION
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: JULY 3, 2024
SUBJECT: REVIEW THE CITY COUNCIL HANDBOOK; DIRECT ANY
CHANGES; AND CONFIRM COUNCIL POLICIES AND

PROCEDURES

RECOMMENDATION
It is recommended that the Council review the City Council Handbook; direct any changes; and confirm Council Policies and Procedures.

BACKGROUND
Each year at the Annual Goals Meeting, the City Council reviews the City Council Handbook; and, if deemed appropriate, directs any changes and confirms Council policies and procedures.

Because the Council did not have a Goals Meeting in 2024, the Handbook is presented at tonight’s meeting for review.

In addition, staff has had conversations with members of the Council regarding several policy and procedure provisions that are being requested for discussion and/or clarification.

ANALYSIS
Attached is the City Council Handbook together with the City Council Rules of Procedure, Code of Conduct, and most recent Resolution Governing Town Committees. Together, these materials represent the City Council Handbook of Policies and Procedures. The attachment has been highlighted to reflect areas of necessary change (i.e. meeting time and location and the recent Public Comment revisions) as well as areas of potential discussion by the Council based on my one-on-one discussions with members of the Council.

Updates/Necessary Change
• Handbook, Section 3.2 City Council Meetings – needs update to meeting time and location. • Handbook, Section 6.13 Public Comments – needs update based on recent Council direction regarding speaker time limits
• Handbook, Section 5.12 Use of Email – needs to remove ability to automatic forward email

City Council Handbook of Policies and Procedures
JULY 3, 2024

• Rules of Procedure, Section 4.2 Public Comments – needs update based on recent Council direction regarding speaker time limits
Discussions/Changes and Confirmation
Other areas of the complete City Council Handbook of Policies and Procedures have been highlighted based on recent one-on-one discussion with members of the Council where questions were raised regarding actions of individual Councilmembers, conformance with Council policies, interpretation of policies, applicability of policies, and definition of intent. Some of the items listed below interrelate.

Council Handbook
Section 3.4 Subcommittees – discussion here related to how Subcommittees work, both Ad Hoc and Standing. Expectations for committee charter creation as well as dissolution when work is completed. Lastly, there was discussion around how Liaisons (primary and alternate) are not Ad Hoc Subcommittees and the affect on such members when the Liaisons act as Subcommittees in relation to charter and the Brown Act.

Section 3.6 Election of Mayor and Vice Mayor – discussion here related to how the Mayor and Vice Mayor are selected each year and the possible development of an expected process and timing for selection based on experience or tenure.

Section 4.3 City Council Liaisons – discussion here related to the role of liaisons, attendance expectations for both the primary and alternate liaison, liaisons working as Subcommittees, and the expectations for participation in discussion and direction provided to appointed committee members by liaisons.

Section 5.4 Relations with Town Staff – discussion here related to the expectation that Councilmembers work through the City Manager when seeking information; and instances where Councilmembers may unintentionally provide direction to junior staff. Discussion related to the City Manager’s policy that relevant policy-based information provided to one Councilmember should be timely provided to all members of the Council and that by not going through the City Manager, that policy can be undermined.

Section 5.11 Authority of Councilmembers – discussion here related to the ability of Council members to expend public funds, facilitate agreements on behalf of the Town, or bind the Town in any way.

Rules of Procedure
Section 4 Order/Preparation of Agenda – discussion here related to Council Reports/Comments and providing a process to ensure that members of the Council serving as liaisons to outside agencies report out on activities to the full Council. In the past, the Council has listed all such roles on the Agenda and each meeting went through each, required written reports to be provided by

City Council Handbook of Policies and Procedures
JULY 3, 2024

each member of the Council, and required an annual meeting (June Study Session) dedicated to reporting out. All of these methods worked for a short period of time only.

Section 8.2 Appointment of Council Members to City Council Committees & Section 8.3 Ad Hoc Committees – discussion here related to the role of Council on Ad Hoc Subcommittees and Standing Subcommittees of the Council. Issues raised similar to Section 3.4 noted above.

Code of Conduct
Relationship between Council, Committee, and Commissioners, and Staff – discussion here related to the 30-minute rule, how it applies, and how it does not negate the requirement to go through the City Manager for such queries.

Section 7 Communication – discussion here related to the requirement to share substantive information received that is relevant to the matter under discussion. This related to the new add to the Agenda of Ex Parte Communication disclosure.

Section 8 Coordination with City Staff – discussion here related to ensuring that the City Manager and his/her relevant directed staff are involved in regional discussion when had by members of the Council related to Town business.

Section 13 Use of Public Resources – discussion here related to use of Town resources, inclusive of staff. This was related to issues raised related to the 30-minute rule and going through the City Manager.

Section 14 Policy Role of Members – discussion here related to requirement that Councilmembers respect and adhere to the Council-Manager structure of government by ensuring that discussion and action is at the policy level rather than the operational level.

Section 20 Compliance and Enforcement – discussion here related to responsibility for enforcement of the policies and procedures and that, absent violation of law, that rests with the Councilmembers themselves.

Committee Resolution
Section 3 Appointment of Voting Members to Committees – discussion here related to the 4-year term limits for committee appointments and whether that should be for a shorter term. Discussion also related to the role of liaisons and the expectation and/or ability for both the primary and the alternate to attend committee meetings. When liaisons attend together and discuss together policy issues that ultimately matriculate up to the Council they have become a de facto City Council Subcommittee and are restricted as such by the Brown Act. Allowing this will result in numerous Brown Act issues as the Council appoints rotates its primary and alternate roles on Town Committees, regional boards and bodies, and regional liaison roles.

FISCAL IMPACT
None. Page 5 of 46
City Council Handbook of Policies and Procedures
JULY 3, 2024

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 Policy Focus for this item is the City Council interpretation and application of existing policies and procedures, expectations for conformance, recommendations for changes, and confirmation of overall policies, procedures, and rules of conduct.

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. City Council Handbook of Policies and Procedures

TOWN OF ATHERTON

A HANDBOOK FOR

MEMBERS OF THE CITY COUNCIL

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TABLE OF CONTENTS

1. Introduction 4

2. General Information

2.1 Geography and Demographics 5

2.2 The History of Atherton 5

2.3 The General Plan 6

2.4 The Municipal Code 6

3. The Structure of the Town Government

3.1 The City Council 6

3.2 City Council Meetings 7

3.3 Election of Councilmembers 7

3.4 Subcommittees 7

3.5 Vacancies 8

3.6 Election of Mayor and Vice Mayor 8

3.7 Mayor 8

3.8 Vice Mayor 8

3.9 Presiding Officer 8

3.10 The City Manager 9

3.11 The City Attorney 9

3.12 The City Clerk 9

4. Volunteer Positions

4.1 Commissions and Committees 9

4.2 Qualifications and Appointments to Office 10

4.3 City Council Liaisons 11

5. General Rules of Office

5.1 Code of Ethics and Conduct 11

5.2 Conflict of Interest 11

5.3 Statement of Economic Interest 12

5.4 Relations with Town Staff 12

5.5 Orientation for New Members 13

5.6 Meeting Attendance 13

5.7 Resignation 13

5.8 Compensation 13

5.9 Benefits/Insurance/Immunity 13

5.10 Travel Expenses 13

5.11 Authority of Councilmembers 14

5.12 Use of E-mail 14

5.14 Assignment to Outside Committees, Agencies, and
Organizations and as Committee Liaisons
14

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6. Operating Procedures

6.1 Ralph M. Brown Act

6.2 Limitations Upon Official Action of the City Council 14

6.3 Tort and Constitutional Rights Liability 15

6.4 Environmental Impact 16

6.12 Resolutions 16

6.13 Ordinances 16

6.14 Effective Date of Ordinances 16

6.15 Publication of Ordinances 16

6.16 Quorum Requirements 16

6.17 Minutes 17

6.18 Agendas and Agenda Packets 17

6.19 Actions Limited to Posted Agenda 17

6.20 Public Comments 18

6.21 Public Hearings 18

6.22 Consent Calendar 18
18 7. Conclusion 19

8. Appendix 19
A – City Council Rules of Procedures
B – Code of Conduct
C- Resolution Governing Committees and Commissions
D- Rosenberg’s Rules of Order
E- City Council Approved Policies

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1. INTRODUCTION
Congratulations on your election to office! You have an exciting and very important job ahead of you. As a City Councilmember you are in a key position of leadership in dealing with the many challenges facing the Town of Atherton. Towns and cities perform many of the functions which are of most immediate concern to citizens. These include essential services public safety, sewer and storm drainage, and capital improvement projects.

As City Councilmember’s, you share an authority which lends you great influence over the determination of the quality of life of your fellow citizens. The community looks to the City Council to help protect it against a host of natural, social and economic challenges; as well as for providing an attractive and healthy place to live. To fulfill these responsibilities, the City Council enacts local laws, sets policies that direct Town programs and establishes budget priorities.

This handbook has been prepared to provide a convenient source of information about the functions and activities of the City Council. It is intended to assist Councilmembers in carrying out their roles, as well as to provide useful information to prospective Councilmembers and other interested citizens.

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2. GENERAL INFORMATION

2.1 Geography and Demographics
Atherton is a small, rural, and residential community, with no commercial or industrial landuse base. Native live oaks, white oaks, bays, redwoods, cedars, pines and other ornamental trees cover the six square miles of town.

Atherton’s population is 6,995 according to the 2011 census. In October 2012, there were 5,052 registered voters and approximately 2,500 households. The median age is 48.2 years.

2.2 The History of Atherton
In 1866, Atherton was known as Fair Oaks and was a flag stop on the California Coast for the Southern Pacific Railroad between San Francisco and San Jose for the convenience of the owners of large estates living north of Menlo Park. The entire area was called Menlo Park. It was part of the Rancho de las Pulgas, which is now southern San Mateo County.

In 1923, Menlo Park wanted to incorporate its lands to include Fair Oaks. During a meeting of the representatives of the two communities, the Fair Oaks property owners maintained their community as a strictly residential area, and they would incorporate independently. Both groups rushed to Sacramento, but the Fair Oaks committee arrived first. It was at that time they realized that they could not keep the name Fair Oaks, as it was already the name of a town near Sacramento. It was decided to honor Faxon Dean Atherton who had been one of the first property owners in the south peninsula and named the Town for him. Atherton was incorporated on September 12, 1923.

Faxon D. Atherton, originally from Massachusetts, had spent several years as a trader in tallow, hides, and merchandise. His friend and business associate, Thomas Lark, had written to him about the opportunities, for family and business, on the San Francisco peninsula. Atherton purchased over 600 acres in 1860. His home, "Valparaiso Park," was built several years later.

With the development of the railroad, other San Franciscans established summer homes further south. The dirt roads were usually treacherous in the winter, and the families would only visit May through September.

The Mayor of San Francisco, Thomas H. Selby, purchased over 400 acres and called his estate "Almendral." John T. Doyle, an attorney, also built a home off Middlefield Road, "Ringwood." James C. Flood, owner of “Linden Towers,” is now known as Lindenwood. The Joseph A Donohoe estate was "Holmgrove" and is now the site of Menlo-Atherton High School. James Thomas Watkins' home was "Fair Oaks" which stands today on Alejandra Avenue, after being moved twice.

Edward E. Eyre reigned as first Mayor and in 1928, the residents voted to build a Town Hall, which is still in use today. The early residents sought to build a Town that would be divided into large parcels and would not contain businesses. During the 1920s and 1930s, a few of the large land holdings were subdivided, including James Floods’ estate in 1938. In the 1940s and 1950s over eighty subdivisions were recorded bringing the era of large estates to a close.

Atherton is still a "plain of oaks." Native live oaks, white oaks, bays, redwoods, cedars, pines and other ornamental trees cover the six square miles of town. There are approximately 50

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miles of roads. Ms. Olive Holbrook-Palmer left Holbrook-Palmer Park, a 22-acre parcel, to the Town in 1958. It is an open, tree-covered park, which offers recreational programs and has facilities for functions.

2.3 The General Plan
The General Plan guides the future development of the Town, describes the desired character and quality of the community, sets forth the goals that govern the Town, and states the policies that the Town government will follow to achieve those goals. The Plan's primary goals are to preserve and enhance Atherton as a scenic, rural residential community, to conserve the natural environment and its open space, to protect people and their property from exposure to hazards, to assure access to utility services, to abate noise, to manage and maintain the Town's system of roads, trails, and paths. A copy of the Plan is on file with the City Clerk and on the Town’s website (http://www.ci.atherton.ca.us), and interested parties are encouraged to peruse it.

2.4 The Municipal Code
The Atherton Municipal Code is the systematized collection of regulatory, penal, and administrative laws of general application. The City Council modifies the Municipal Code by introducing and adopting ordinances in public meetings (see Chapter 1). The Municipal Code serves as the basic law of the Town. The Municipal Code is available for review from the City Clerk and is also on the Town’s website.

3. THE STRUCTURE OF TOWN GOVERNMENT
Atherton is a general law city operating under a council-manager form of government. This provides the Town with policy direction from the City Council and professional administration and policy implementation through the City Manager. Approximately 80% of the towns and cities in California operate under general law, which means they are organized pursuant to state law concerning town government structure contained in the State of California’s Government Code.

The general law system of municipal government provides that the Town has no powers except those it receives under a constitutional or statutory grant of authority. The powers so granted are enumerated in Article XI of the California Constitution, which provides two kinds of powers for general law towns. These kinds of powers are the power to regulate people's actions (known as regulatory power) and the power to provide services for the benefit of the Town's inhabitants (known as commercial power).

3.1 The City Council
The City Council is the legislative body of the Town of Atherton, with all the regulatory and corporate powers provided under California state law. The City Council provides the policy direction that guides the operation of the Town, adopts ordinances and resolutions that constitute the local laws of the Town, and sets the Town's priorities through the adoption of an annual budget and the provision of direction to the City Manager. The City Council represents the Town's residents through these actions and through the conveyance of constituent requests and concerns to the Town staff. The City Council also appoints members to its advisory committees and commissions.

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3.2 City Council Meetings
All meetings (except closed sessions as provided by State law) of the Council shall be open to the public. The regular meetings of the City Council are held on the third Wednesday of each month at 7:00 p.m. The regular meeting place of the City Council is 94 Ashfield Road, Atherton, California. If the regular meeting should fall on a legal holiday, the Council shall meet at a time and date so designated by the Council.

Adjourned Meetings
Any meeting of the City Council may be adjourned to a later date, place, and time provided no adjournment is for a longer period than the next regularly scheduled meeting.

Special Meetings
Special meetings may be called by the Mayor or by a majority of the Councilmembers. The call for a special meeting must specify the day, hour, and place and shall specify the subject(s) to be considered. Twenty-four hours’ notice must be given prior to the meetings. Only matters specified in the notice may be discussed at special meetings. Notice shall be posted as required by law.

Closed Session Meetings
Authorized closed sessions may be held in accordance with the provisions of the Brown Act (Government Code Section 54954.5).

Study Session Meetings
The Council meets on an as-needed basis on the first Wednesday of the month at 4:00 p.m. for study sessions. Study Sessions are considered special meetings. The Council may meet in Study Sessions or Special Meetings called by the Mayor or the majority of Councilmembers. Study Sessions and Special Meetings are open to the public and are meetings for purposes of the Brown Act. Council typically does not take any formal action during study session meetings. Meeting notice requirements are contained in Section 2.2.

Media Attendance
All meetings (except Closed Sessions) of the City Council, Committees and the Planning Commission shall be open to the media and may be recorded on tape, radio, television, and photography, provided such recordings do not interfere with orderly conduct of the meetings.

City Council has established Rules of Procedures for the conduct of Council meetings. These rules are included with the handbook as Appendix A.

3.3 Election of Councilmembers
The five members of the City Council are elected at-large to four-year terms. Elections occur in November of even-numbered years, and the terms are staggered so that no more than three City Council seats are up for election at any one time. New City Councilmembers are sworn in

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at the first regular meeting after election results are available for canvas, which is usually the December meeting.

3.4 Subcommittees
The Mayor may create and appoint members to standing subcommittees of the City Council with the approval of the Council for the purpose of studying specific issues in more detail and reporting back to the Council with data and recommendations, or ad hoc subcommittees for limited specific purposes without Council approval. All standing subcommittees are subject to the provisions of the Brown Act, while ad hoc subcommittees are not. The Mayor shall strive to appoint balanced subcommittees whenever they are created.

Councilmembers that are not on a respective subcommittee may speak with members of the public and other councilmembers in a manner that does not constitute a Brown Act violation.

However, Councilmembers who are not members of the subcommittee shall not negotiate or represent that they are negotiating on behalf of the Town on issues within the subject matter jurisdiction of the subcommittee outside of a public meeting. This provision is not intended to prevent a Councilmember from speaking with other Councilmembers or the general public in manners consistent with the Brown Act.

3.5 Vacancies
Vacancies occasionally occur as a result of death, resignation or the departure of a Councilmember from the Town. When a person has ceased to be a resident of the Town, that person’s office immediately becomes vacant. The City Council must appoint a replacement or call for a special election within sixty days of the occurrence of the vacancy. The special election shall be held on the date of the next regularly established election (provided by State law) or the next regularly established general municipal election to be held throughout the Town. In either case, the special election may not be held less than 114 days from the call of the special election.

3.6 Election of Mayor and Vice Mayor
The Mayor and Vice Mayor are elected from among the Councilmembers by a majority vote of the members of the Council. They serve for a one-year period and at the pleasure of the Council. They may be relieved of their duties by a majority vote of the City Council taken at a duly noticed Council meeting.

3.7 Mayor
The Mayor presides at the City Council meetings and represents the Town as the official head of the Council on public and ceremonial occasions. Other than administrative duties set forth in the Municipal Code, the Mayor and Vice Mayor shall have no additional powers or authority different from other members of the City Council. The principal qualification for the position of Mayor is the ability to effectively preside at meetings. This requires tact, courtesy, and familiarity with parliamentary procedures. The responsibility of the Mayor is to direct the discussion and deliberation of the matters at hand. The Mayor should encourage the input of ideas, clarify ideas, and restate motions in order that all members understand the item on which they are voting. It is the Mayor's responsibility to ensure that the Council is operating within the confines of all applicable rules and regulations. Since the Mayor must preside over

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meetings, he or she must maintain a certain degree of impartiality and be sure to allow all views on an issue to be expressed. However, the Mayor may also participate in debate, expressing his or her own views, and may make or second motions.

When representing the City Council or the Town on Council-decided policy issues, all members of the Council are first and foremost expected to represent the decided policy decision(s) of the City Council without undermining those decisions. Councilmembers are allowed to represent their own perspective; however, this provision is intended to clarify that if a member of the Council is representing the Council or the Town, the policy decision of the City Council is what should be represented irrespective of the member’s personal perspective.

3.8 Vice Mayor
The Vice Mayor acts in the Mayor's absence.

3.9 Presiding Officer
In the absence of both the Mayor and the Vice Mayor, the Councilmembers shall elect a temporary Presiding Officer by majority vote.

3.10 City Manager
The City Manager is appointed by the City Council and is responsible to the City Council as a whole, not to individual Councilmembers. The City Manager serves as the chief executive of the Town, administering its day-to-day affairs. The Manager's responsibilities include enforcement of the Town's laws; preparation and submission of the annual budget to the City Council for approval; hiring, discipline, and dismissal of staff; direction and organization of staff in the execution of Council policies; provision of information and recommendations to the Council; and investigation of complaints concerning the Town's administration. The City Manager attends all meetings of the Council and has the right to take part in all discussions of the Council, but has no vote.

3.11 City Attorney
The City Attorney is appointed by the City Council. The City Attorney acts as legal advisor to the City Council, City Manager, the various Town departments, and all Town commissions, committees, and boards. The City Attorney prepares and approves for legality all proposed Town ordinances, resolutions, contracts and other legal documents. The Attorney also represents the Town in litigation and prosecutes violations of the Municipal Code.

3.12 City Clerk
The City Clerk is appointed by the City Manager. The Clerk serves as the Secretary to the City Council at meetings, performs the official recordation of City Council actions, and composes the minutes. The Clerk administers and organizes all municipal elections and coordinates the filing of Political Reform Act conflict of interest statements. The Clerk also manages the Town's records and is responsible for the care and custody of all official records and documents of the Town. Those records include all Town deeds, contracts, leases, ordinances, resolutions, minutes, and the Municipal Code. The Clerk publishes public notices and ordinances as required by law and assists staff and the public in researching information contained in the Town's official

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records. The Clerk is responsible for ensuring timely responses to Public Records Act requests.

4. VOLUNTEER POSITIONS
The voluntary participation of Atherton's citizens in the operation of the Town government is critical to the City Council's and the Town staff's success in serving the community. The City Council has established several committees and a commission composed mainly of volunteers.

Volunteers to specific a committee or commission are appointed by the City Council and charged with the responsibilities of gathering, synthesizing, and analyzing the information relevant to their areas of responsibility and providing the City Council and Town staff with advice and recommendations. The Council and staff rely on this advice for the development and execution of Town policies. Citizen involvement is the hallmark of Atherton government, and the Town encourages all residents to participate.

4.1 Committees and the Planning Commission
A resolution governing committees has been adopted by the City Council and is periodically updated. The resolution includes principles and rules of procedures, appointment and funding information, and powers and duties of each active committee. The Planning Commission is established by Atherton Municipal Code Chapter 2.36 and the California Government Code.

A list of citizen advisory bodies can be found on the Town’s website by accessing the Town Roster of Committees and Commissions and is set forth in a Resolution which establishes and governs Town Committees and Commissions. All citizen advisory bodies are subject to the provisions of the Brown Act. These bodies are charged with the following responsibilities:
• Advise the City Council and the City Manager on matters within their area of responsibility and interest, as prescribed by the City Council and its ordinances and resolutions.
• Help focus attention on specific issues and problems within their scope of responsibilities and recommend actions and alternatives for Council consideration.
• Act as channels of communication and information between Town government and the general public, including groups with interests related to the work of the advisory bodies.
• Consider and assist in reconciling contradictory viewpoints and provide direction toward achievement of Town-wide goals.
• Encourage citizen participation in the definition and formulation of Town goals and actions for their achievement.
• Balance community desires with municipal responsibilities and resources.

4.2 Qualifications and Appointment to Office
Interested citizens who live within the Town of Atherton are encouraged to submit applications for positions on committees and commissions. The application form is available from the Town staff and includes space for the applicant to state the qualifications, experience, and skills which he or she can bring to the service of the Town. Applications may be submitted at any time. Completed forms are kept on file at Town Hall and may be considered by the City Council

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when vacancies occur.

Notice of openings and requests for applications for committees and commissions are posted and published annually in "The Almanac," Town website, through e-mail blasts and, if timely, in "The Athertonian." Regular appointments to all bodies are made by the City Council in June of each year at a duly noticed meeting of the City Council. Requests for applications for candidates to fill unexpected vacancies, which occur from time to time, can be solicited when the vacancies arise, or during annual solicitation which typically begins 2-3 months before term expirations.

Members are appointed by simple majority vote of the City Council.

When making commission and committee appointments, the City Council will favor applicants who do not already belong to another commission or committee. The Council seeks a diversely representative body of membership for each board, commission, and committee so that there will be a broad balance of views. Rather than filling an advisory panel with people who are all dedicated to the same ideas or goals, the Council will attempt to assemble groups of applicants with a variety of interests and experience. Similarly, the Council will attempt to select members from across the Town's geographically diverse make-up. For all of the Town’s citizen advisory bodies, the City Council may decide to refrain from appointing candidate(s) if, in its judgment, the qualifications and/or experience of the candidate(s) are insufficient. When this occurs, the City Clerk will again advertise the vacant position(s) involved and the appointment process will be included on a subsequent City Council agenda.

The Town is grateful for the service of members of a committee or commission, recognizing that the service to the community is voluntary. Even so, it is important to understand the legal requirements that apply to the role because failure to comply may result in stiff penalties.

Committee/Commission representatives: the City Clerk, the City Attorney, or the City Manager are available to assist with any questions. Their job is to ensure that representatives are able to do the job freely and without apprehension.

An updated list of volunteer committee members is included in the Town Roster, available at the front desk in Town Hall and on the Towns website. It also includes the latest information on the regular meetings days and times for the committees, as well as the approved committee sizes.

4.3 City Council Liaisons
Each of the Town’s advisory committees is assigned a City Councilmember to serve as Liaison between the Council and the committee (excluding the Planning Commission). The Mayor makes these appointments in January of each new calendar year.

It is the Liaison’s responsibility to attend each meeting of the committee to which he or she is assigned and to provide general guidance, as needed, to the committee as it moves through its meeting agenda. The primary role of the Liaison is to ensure the committee’s compliance with the Brown Act and to provide information regarding City Council policy as it pertains to the work of the committee. It is not the role of the Liaison to advocate on behalf of or against items before the committee or to endorse positions or directions that the committee may be considering. If a Council Liaison is unsure how to advise his or her committee, he or she should consult with the City Manager. The Liaison should also report any operational problem his or

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her committee may be facing at the earliest opportunity so that staff can intervene and provide the needed assistance through the committee chair.

5. GENERAL RULES OF OFFICE

5.1 Code of Ethics and Conduct
Public officers owe an undivided duty to the public they serve and are not permitted to place themselves in a position that will subject them to conflicting duties or expose them to the temptation of acting in any manner other than the best interest of the public. Town officers may not, under any circumstances, use their official position to their own benefit or for the benefit of anyone except the Town itself, nor may they represent the Town in any transaction in which they are personally interested in obtaining an advantage.

A copy of the Council Code of Conduct has been included with this handbook as Appendix B.

5.2 Conflict of Interest
In order to fulfill the Town government's undivided duty to serve the public, it is necessary for the Town's officers to diligently avoid any circumstance in which their personal and public interests or responsibilities could come into conflict, or in which Town officers could be tempted to use their positions for personal gain. State law specifically regulates several areas:

Interests in Contracts: Members of the City Council and other public officers may not make any contract with the Town in which they have a financial interest. Such contracts are void, and violation may constitute a felony. (Government Code §1090) Discounted or Free Transportation Passes: Office holders in California are strictly prohibited from accepting free passes or discounts from transportation companies. Violation of this prohibition is punishable by forfeiture of office. (California State Constitution) The Political Reform Act: The Political Reform Act (Government Code §§87100, et seq.) forbids a public official from participating in or attempting to influence any governmental decisions or actions in which he or she has a "material financial interest." The Act defines the kinds of interests (which includes interests owned by spouses, dependent children and agents, and certain businesses and trusts) which might cause a conflict and requires public officials to disqualify themselves from decisions which could affect those interests. The Fair Political Practices Commission (FPPC) enforces the Political Reform Act.

Common Law Doctrine Against Conflicts of Interest: There is a body of common law regarding conflicts of interest which prohibits a public official from acting, or failing to even avoid the appearance of acting, in an inappropriate manner with respect to his or her interest in any matter.

5.3 Statement of Economic Interest
As established in The Political Reform Act, Councilmembers must file Statements of Economic Interest upon assumption of office, on an annual basis, and when leaving office. The proper forms are supplied by the City Clerk. Members must disclose all investments, business positions, sources of income, and interests in real property which could be materially affected by the

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decisions made by their commission. The completed statements are kept on file by the City Clerk and are available for public inspection. Since the law permits the Fair Political Practices Commission to impose a penalty for failure to file such statements in a timely manner or correctly, elected officials should be certain the statements are complete, accurate, and submitted on time.

5.4 Relations with Town Staff
The Town staff works under the direction of the City Manager. While the Council as a whole may direct the City Manager, it is not appropriate for individual Councilmembers to provide such direction or to become involved in the administrative or operational concerns of the Town departments. However, the staff will be happy to answer questions and provide whatever assistance they can when authorized to do so by the City Manager.

It is expected that a mutually respectful and professional relationship will be maintained between the staff personnel and the Councilmembers. In the event that a conflict does arise, the problem should be brought to the attention of the Mayor or the City Manager.

5.5 Orientation for New Members
Shortly after election, a general orientation will be provided by the City Manager, City Attorney, and staff. This orientation is intended to acquaint newly elected Councilmembers with Town goals, the responsibilities of the office, current issues before the body, legal issues related to the position, and meeting schedules.

5.6 Meeting Attendance
Government Code Section 36513 (a) If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (b) Notwithstanding subdivision (a), if a city council meets monthly or less frequently than monthly and a city councilmember is absent without permission from all regular city council meetings for 70 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.

5.7 Resignation
A Councilmember resigns from office before the end of his or her term by submitting a written resignation with the City Clerk. This information will be forwarded to the City Council and the City Manager. Such notice is effective based on its terms and need not be accepted. It may be withdrawn prior to becoming effective, but once it takes effect, it may not be withdrawn.

5.8 Compensation
Service on Council is purely voluntary. None of the City Councilmembers are paid, although they may be reimbursed for expenses incurred in carrying out official Town business.

5.9 Benefits/Insurance/Immunity
Councilmembers are covered by the Town’s Workers' Compensation policy and, in the event of

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an accident, while serving in an official capacity, the member will be required to file an accident report. Members are also covered under the Town's general liability insurance policy for actions taken in the course and scope of their duties. The Tort Claims Act limits municipal liability, and Councilmembers are granted immunity by the applicable sections of the California Government Code for good faith actions taken.

5.10 Travel Expenses
Councilmembers are entitled to reimbursement for their own personal reasonable expenses incurred in the performance of his or her duties as a Councilmember. If the reimbursement involves the costs of travel, such as hotels and/or airfare, a request for reimbursement shall be made to the City Manager prior to the occurrence of the travel, in order to ensure that budgetary authority exists. Councilmembers are required by State law to provide a brief report on their paid Town travel at the next available City Council meeting following their return.

5.11 Authority of Councilmembers
Individual members of the Council are not authorized to expend public funds, enter into agreements or contracts, employ staff, sign documents on behalf of the Town, or bind the Town in any way. This authority can only be granted by action of the City Council.

5.12 Use of E-mail
Each member of the City Council will be provided with an e-mail account on the Town’s server.

The Town’s website provides the public with a link to these e-mail accounts, and the business cards of each Councilmember includes the Town e-mail account/address. Members of the City Council may request set up of automatic forwards from their Town email account directly to their personal email account.

The Town will retain all incoming and outgoing e-mail messages from the City Council e-mail accounts on the Town’s server for two years. These e-mail messages are public records and are subject to disclosure through the provisions of the Public Records Act, with rare exception.

5.13 Assignment to Outside Committees, Agencies, and Organizations and as Committee Liaisons
The Town is represented by individual Councilmembers on a wide variety of outside committees and organization, such as the City/County Association of Governments (C/CAG) and the Association of Bay Area Governments (ABAG). Additionally, each of the Town’s standing committees is assigned one or two Councilmembers to serve as its Liaison to the City Council and the staff (see Section 4.3 “City Council Liaisons”). In January of each year, the Mayor makes Councilmember assignments as he or she deems appropriate. Coordination is provided by the City Manager and City Clerk to ensure that there are no schedule conflicts that would preclude a Councilmember from attending the meetings of the bodies to which he or she may be assigned.

6. OPERATING PROCEDURES
The City Council does most of its work in meetings which are open to the public. A detailed set of Rules of Procedure has been established for the conduct of such meetings – See Appendix A. Formal rules may occasionally appear arcane or inconvenient, but they are necessary to

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guarantee a fair and democratic process. The rules are designed to ensure Atherton's compliance with state law, to guarantee fair and equal treatment of citizens, to encourage citizen participation in civic affairs, and to foster a productive climate which encourages the communication of constructive ideas. Such rules may be temporarily set aside upon a vote of the Council where it is agreed that application of the normal rules may be inappropriate or unfair.

6.1 Ralph M. Brown Act
The Brown Act (Government Code §54950, et seq.) is a state law requiring that almost all local government business be conducted in open and public meetings. This requirement is based upon the belief that the people must remain informed about the activities of government in order that they may retain control over it. The Brown Act applies to the City Council, as well as all Town commissions and committees. Any time a majority of the members of one of these bodies meets face-to-face or through intermediaries or technological devices (such as phone, fax, e-mail, or letters) to hear, discuss, or deliberate upon any public business, a "meeting" is taking place as defined by the Brown Act. Social events are exceptions to this, so long as public business is not discussed.

With very few exceptions, such meetings must be open to the public and must be announced at least 72 hours ahead of time for a regular meeting and 24 hours ahead of time for a special meeting, with a posted agenda indicating the time and place of the meeting and describing each item of business which is to be discussed with enough clarity to inform the public of what action may be taken. No action may be taken at any meeting unless a quorum is present.

Action may be taken by the body only on items which properly and clearly appear on the meeting agenda unless a matter is added by a 4/5 vote where action is required to be taken, and the item arose after the agenda was posted. In addition, minutes of the proceedings must be taken for entry into the public record.

The City Council may from time-to-time convene properly agendized Closed Sessions pursuant to Government Code §54954.5 where the public is excluded. Such sessions are allowed for a few limited purposes, including Personnel Sessions, to discuss pending or anticipated litigation and real property negotiations.

A copy of the Brown Act is distributed to all new Councilmembers, and additional copies are available for examination at Town Hall. All members should be sure to understand this law.

Staff will be happy to assist in interpreting its requirements.

6.2 Limitations on Official Action of the City Council
While the City Council is the supreme legislative body of the Town, State, and Federal law impose certain limitations and restrictions on the powers of the Council. These limitations include:

Preemption: As a general law town, the Town of Atherton must comply with state and federal laws and therefore cannot make any rule or regulation which conflicts with or duplicates state or federal law, or conflicts with policies or regulations of the state or federal governments.

Public Purpose: All public funds must be expended for a public or municipal purpose of the Town. An improper expenditure (not authorized by law) may result in personal liability of the

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individual Councilmember.

Expenditure Limitations: At present, a State-imposed spending limitation (Gann Appropriations Limit) restricts the expenditure of most revenues to the 1978-79 fiscal year level plus or minus cost of living and population changes. This limitation may be relaxed by vote of the electorate or through the use of funds not subject to the limitation.

Discrimination: The Town may not enforce its rules, regulations, or ordinances on a discriminatory basis based on any protected status of any person or group of people. All facilities, rules, regulations, and ordinances must be applicable to everyone on an equal basis.

Civil Liberties: The state and federal constitutions guarantee certain civil liberties and civil rights, such as the right of peaceful protest, assembly, worship, speech, etc. Municipal regulations which unreasonably impinge on the lawful exercise of these rights, whether by prior restraint, prohibition, arbitrary regulation or arrest, are invalid.

Reasonableness: No municipal action can be arbitrary or excessive in scope.

6.3 Tort and Constitutional Rights Liability
A town enjoys a variety of immunities from liability based on negligence claims. The State Tort Claims Act determines under what circumstances government will be liable for injuries to property and persons not involving constitutional violations and requires that timely claims be filed ahead of any lawsuit in such matters.

6.4 Environmental Impact
The State Public Resources Code requires the Town to conduct an environmental review before undertaking any public project or approving discretionary private projects. If the environmental review discloses a reasonable probability that the project will have potentially significant environmental impacts, an Environmental Impact Report (EIR) must be prepared in accordance with the California Environmental Quality Act (CEQA). If mitigations can be made ahead of approval, it may be possible to permit a Negative Declaration to be filed indicating that the mitigation measure have reduced potential impacts to less than significant levels. The Planning Staff is generally charged with determining what level of compliance under CEQA is required.

6.5 Resolutions
Routine business and administrative matters are accomplished by motion and resolution. As with motions, resolutions are referenced in the minutes. Resolutions are also separately maintained, numbered in sequence, and preserved in a permanent collection by the City Clerk.

Resolutions are usually prepared in advance by the City Manager or the City Attorney.

Resolutions can be introduced and enacted at the same meeting.

6.6 Ordinances
Legislative acts of the City Council intended for long-term application or having to do with matters required by law to be created by ordinance, are enacted by ordinance. Pursuant to Government Code §41802, the City Attorney is responsible for the drafting of all ordinances.

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Ordinances must be adopted at a regular meeting or an adjourned regular meeting. The approval of an ordinance occurs in two stages: Introduction and Adoption.

6.7 Effective Date of Ordinances
Ordinances take effect 30 days from the date of adoption unless otherwise specified in the Ordinance, of in the case of an urgency ordinance which takes effect immediately.

6.8 Publication of Ordinances
The text and voting record of Ordinances are published or posted by the City Clerk within 15 days of adoption. Failure to do so may invalidate the Ordinance. Standard posting sites are the Atherton Library, Atherton’s contracted US Post Office station, Atherton Town Hall lobby, and the Almanac newspaper. An alternative to publishing the full ordinance is to publish a summary of the ordinance. Summaries are prepared by the City Clerk. They are published at least five days prior to City Council adoption, and a certified copy of the full text is posted in the City Clerk’s office. Within five days following adoption, the summary, including the Council’s vote and date of adoption, is republished.

6.9 Quorum Requirements
A quorum must be present in order to conduct any business at a meeting. A quorum is present when a majority of the members of the Council are in attendance. The Mayor must determine that a quorum is present before business may be undertaken, and the quorum must be maintained throughout the meeting in order to continue to carry out business. If a Councilmember is recused from consideration of a certain matter, then he or she is generally not counted in order to achieve a quorum.

If it is known in advance that a quorum cannot be achieved, Councilmembers and interested parties should be notified. A notice must be posted by the City Clerk on the door of the meeting room within 24 hours of the cancellation, advising the public that the meeting has been canceled due to a lack of quorum.

6.10 Minutes
Written minutes constitute the official record of the Council’s activities. Minutes are approved by a formal motion of the Council. The minutes should record the minimum required information. They should provide a clear and concise statement of Council actions, including the motions made and the vote thereon. Reasons for making a motion, Council debate and audience reactions should not be included. Minutes include a list of who is present, the times of convening and adjournment, a record of motions made and votes taken, and a description of items discussed.

City Council minutes are to be kept for all meetings. In addition, all meetings are also videotaped and archived. The City Clerk produces the written minutes from these recordings.

6.11 Agendas and Agenda Packets
The City Manager, in consultation with the Mayor and/or the City Staff, schedules items for City Council agendas. Other Councilmembers, as well as members of the public, may also request

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that certain topics be placed on the agenda; however, the agenda is ultimately the responsibility of the City Manager, and he or she is not required to add items simply because a request has been made. Because of the posting requirements of the Brown Act, requests for additions to the agenda must be made at least 72 hours prior to a meeting.

Prior to each regular or special meeting, the City Clerk compiles an agenda packet which contains the agenda, all staff reports, communications, resolutions, ordinances, and other relevant supporting materials. Agenda packets for City Council meetings will be available at Town Hall at least three days before each scheduled meeting. In addition, the Brown Act requires that the City Clerk print and post the agendas at least 72 hours before regular meetings and 24 hours before special meetings.

The City Clerk’s Office posts the City Council agenda at the following locations: (a) Atherton Town Offices; (b) Atherton Branch Library; (c) Town Council Chambers; (d) on the Town’s website and through the websites online newsflash. The agenda specifies the time, date, and location of the meeting and contains a brief description and proposed action of each item of business to be transacted or discussed at the meeting.

Any citizen may submit written comments to the Council through the City Clerk or City Manager’s office. Council will receive copies ion the agenda packet provided such comments are received before the schedule meeting. Written comments can be submitted to the City Clerk or City Manager’s office up to the time of the meeting and distributed to the Council and the public at the meeting.

In order to be prepared for the meetings, Councilmembers should read the agenda packet and contact the City Manager with any questions regarding the information presented.

6.12 Actions Limited to Posted Agenda
In general, the City Council cannot take action on any item not appearing on the posted agenda except under rare exceptions permitted by the Brown Act, usually to add critical matters that arose after posting of the agenda.

6.13 Public Comments
Persons wishing to address the Council on any matter within the jurisdiction of the Town and not on the posted agenda are invited to do so during the Public Comment portion of the meeting. This period is limited three minutes per person. The Council is not able to undertake extended discussion of or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda.

6.14 Public Hearings
Some actions must be preceded by a public hearing primarily for the purpose of soliciting testimony from the general public. The Municipal Code and state law require public hearings for the consideration of certain issues, such as zoning amendments, conditional use permits, and fee increases. Official notice of public hearings will be published in the "Almanac" at least ten days before the hearing. Members of the public who wish to submit written statements may do so. Members of the public may also speak during the hearing. However, if there are numerous people who would like to speak representing the same viewpoint, the Mayor may ask

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that a spokesperson be designated for the group and/or require that each speaker's comments be limited to a set amount of time. If a time limit is to be imposed the Mayor should announce it before any members of the public have begun speaking.

6.15 Consent Calendar
Items listed under the Consent Calendar are those items staff believes may not require Council discussion and are considered to be routine in nature. Ordinances introduced at a previous meeting which are brought back for adoption may also be included on the Consent Calendar.

Before taking a vote, the Mayor will allow time for the Councilmembers, staff, and the public to read the list to determine if it includes any matters on which they may have a question, or which they would like to discuss or oppose. Any Councilmember, staff, or member of the public has the right to remove any item from the Consent Calendar, in which case it is transferred to the regular agenda so that it may be considered, discussed, and voted on separately. All of the remaining items are then unanimously approved with one roll call vote.

7. CONCLUSION
This handbook is designed to provide a basic overview of the Town of Atherton and the duties associated with the office of City Councilmember. It is intended to familiarize you with the workings of your government and to help you prepare to serve. It is not an exhaustive work, nor the final authority on matters of procedure or conduct. If you have further questions regarding the specific details of your office or other aspects of the Town government, please feel free to contact the City Manager, City Clerk, or City Attorney.

8. APPENDICES
A – City Council Rules of Procedures
B – Code of Conduct
C- Resolution Governing Committees and Commissions
D- Rosenburg’s Rules of Order
E- City Council Approved Policies

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Appendix A

TOWN OF ATHERTON

CITY COUNCIL

RULES OF PROCEDURE
APPROVED MARCH 19, 2014

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RULES OF PROCEDURE

1. Authority
As provided by California Government Code Section 36813, the City Council establishes these Rules of Procedure for the conduct of meetings. The following Rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new rules adopted in the manner provided by these Rules. It is the intent of these Rules to prevent inappropriate disruption, disturbance, or other disorderly conduct of Council meetings and to provide guidelines for conduct of members and procedures to be followed at such meetings.

2. General Rules

2.1 Rules of Order Except in cases of conflict with these Rules, Rosenburg’s Rules of Order shall be used as a guide to govern the proceedings of this Council.

2.1 Quorum Three members of the Council shall constitute a quorum necessary to transact business. In the event a quorum is not in attendance, those attending will be named in the minutes, and they shall adjourn the meeting to a later set time. If no one is present, the Clerk shall adjourn the meeting to a later date and post notice of that fact pursuant to Government Code Section 36811.

2.2 Compelling Attendance Members must notify the Presiding Officer for the issuance of an "excused absence" when they are unable to attend, which shall be granted. The member may notify the City Manager or City Clerk if the Presiding Officer is not available and the City Manager or City Clerk will notify the Presiding Officer of the request; or it will be noted in the minutes as an unexcused absence.

In the event of perpetual absence by members, the Council may adjourn from day to day to compel attendance under the penalties prescribed by law. The seat of a member with two or more consecutive unexcused absences from regular council meetings shall be vacated pursuant to Government Code Section 36513(b).

2.8 City Staff The City Manager, City Attorney, and City Clerk shall attend all meetings of the Council unless excused, and in the event of an absence, a designee shall substitute.

The City Manager may make recommendations and shall have the right to take part in all discussions of the Council, but shall have no vote.

The City Attorney, upon request of the City Council or authorized representatives, shall give opinions, either written or oral, on questions of law and shall act as the Council's parliamentarian.

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The City Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council and/or City Manager.

Department Heads/Employees, as required by the City Manager or requested by the Council, shall attend Council meetings.

3. Mayor - Duties

3.1 Mayor The Mayor is elected by members of the Council for a one-year period. No member shall serve as Mayor for consecutive terms. The City Council shall meet at least annually to choose one of its members as Mayor.

3.2 Vice Mayor The Vice Mayor shall be selected annually by a Council majority vote. No member shall serve as Vice-Mayor for consecutive terms.

3.3 Presiding Officer The Mayor, if present, shall preside. In the Mayor's absence, the Vice Mayor shall preside. In the absence of both, the Councilmembers present shall elect a temporary Presiding Officer.

3.4 Call to Order The Presiding Officer shall call the meeting to order at the hour appointed.

3.5 Preservation of Order The Presiding Officer shall preserve strict order and decorum, shall prevent verbal attacks on Councilmembers, staff, and/or citizens, and confine debate to the item under discussion.

3.6 Point of Order The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the entire Council. If an appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?"

3.7 Motion to be Stated The Presiding Officer shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon ordinances, and at the request of any member on any vote.

3.8 Mayor Proclamations Mayor Proclamations will be issued at the discretion of the Mayor for various purposes including:
 Recognizing individuals and organizations whose contributions and achievements have community-wide significance;
 Calling public attention to a significant community event, service or program;
 Highlighting a special period of observance, celebration, or recognition for community, regional, state, or national occasions.

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Mayor Proclamations do not need formal Council action or approval and individual Councilmembers can request through the Mayor that proclamations be issued. All public requests for proclamations should be directed to the City Manager or Mayor for review. It will be at the discretion of the Mayor to determine whether it is appropriate to present the proclamation at a Council meeting.

Proclamations will be issued to recognize legitimate and significant community achievements, contributions, and occasions. These forms of recognition are not intended for partisan, commercial or narrow individual purposes which are inconsistent with the overall policies of the City Council.

4. Order/Preparation of Agenda
Order of Business
Call to Order

1. Pledge of Allegiance

2. Roll Call

3. Presentations

4. Public Comments

5. Closed Session Report

6. City Managers Report
Consent Items
Public Hearing Items
Regular Agenda Items
Council Reports/Comments
Future Agenda Items
Public Comments
Adjournment

4.1 Agenda Preparation The agenda shall be prepared in accordance with the preparation procedure below. Insofar as possible, the agenda shall be delivered to the Mayor, Councilmembers, and Library by 5:00 p.m. on the Friday preceding the Wednesday meeting. Council materials as much as possible shall be available for public review at the Library, and at the City Administrative Office beginning on the Friday afternoon, before the regular Wednesday Council meeting.

The agenda shall be prepared in accordance with the preparation procedures as directed by the City Manager with the following guidelines. One of the following methods may be applied for placing an item on a Council agenda:
 City Manager: The City Manager may add an item for Council consideration at a future meeting or may receive requests for agenda items from the public, staff, a committee member or a Council Member.

The City Manager shall determine whether to add the request to an upcoming Council agenda. As a matter of practice, the City Manager may review the request with the Mayor prior to placing it on the agenda.

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 Staff and Committees: There may be a need for agenda items which arise when a Town Committee or Commission passes a motion for Council consideration. These items may be added to the Council agenda by the City Manager no later than the second meeting following the request.  Colleagues’ Memorandum: If at least two councilmembers prepare a colleagues' memo, the City Clerk shall place the item on the Council agenda under the 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 the following Agenda. The item shall be added to the next Agenda or a specific designated Agenda by a majority vote of the Council.

4.2 Public Comments During Public Comments at a regular meeting, any person may address the Council, provided that the item (1) is of interest to the public and is within the subject matter jurisdiction of the Council and (2) is not otherwise on the agenda. Public Comments at special meetings shall be confined to the items for consideration on the agenda.

4.3 Consent Agenda Items listed under the Consent Agenda are those items staff believes will not require Council discussion and are routine in content. Also listed under the Consent Agenda are resolutions confirming action from a previous meeting which are brought back for approval of form rather than approval of action. Items may be removed by any Councilmember for separate discussion for clarification and/or upon request by any member of the public who wishes to speak on that item.

4.4 Actions Limited to Posted Agenda The City Council shall not take action on any item not appearing on the posted agenda except as permitted by Government Code Section 54954.2 of the Brown Act.

5. Citizens' Rights

5.1 Addressing the Council
(1) Any person may address the Council on the following portions of the agenda:
 Public Comments, as provided in Section 4.2.
 Public hearings, as provided in Sections 7 and following.  When invited by the Mayor, prior to or during the hearing of all other portions of the agenda prior to the vote, it any, being taken. (2) The following shall apply:

Each person addressing the Council shall step to the podium and may give their name and address for the record. The Council may require use of Speaker Cards.

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It shall not be required that any person gives their name and address, but if they do not, they will not receive any follow-up response from staff or the City Council.  A time limit may be imposed by the Council on each speaker depending on the subject matter.
 All remarks or questions shall be directed to the Mayor and Council as a body and not to any particular member.
 No person, other than members of the Council and the person having the floor shall be permitted to enter into the discussion.

5.2 Personal and Slanderous Remarks The Mayor shall discourage demonstrations before the Council, such as applauding or "booing". Upon instructions by the Mayor, a Sergeant-at-Arms may be appointed for the purpose of removing any person who, in the Mayor's judgment, has violated the rules of conduct and has disrupted, disturbed, or impeded the orderly conduct of the meeting.

6. Ordinances, Resolutions and Contracts

6.1 Document Approval All ordinances, resolutions, and contracts shall, before being placed on the agenda, be approved as to form and legality by the City Attorney. Additionally, all these documents shall be reviewed by the City Manager.

6.2 Ordinance Introduction/Adoption Except as to urgency ordinances, unless a member requests a full reading, a proposed ordinance will be introduced by the reading of the title only. Ordinances introduced by first reading shall not be adopted within five days of the introduction or at other than regular Council meetings unless the ordinance carries an urgency clause, in which case introduction and adoption may occur at the same meeting.

6.3 Majority Vote Required An affirmative vote of at least a majority of the total membership of the Council shall be necessary to adopt an ordinance, resolution, or any order to pay money. Urgency (emergency) ordinances must be adopted by the affirmative vote of at least four members of the Council. Motions and any other matters may be adopted by a majority of those present, assuming there is a quorum.

6.4 Ordinance Preservation Following adoption of an ordinance, the City Clerk will assign a number to the ordinance, and post according to law. The ordinance shall be filed and preserved in the City Clerk's office.

7. Procedures Regarding Public Hearings
Introduction Mayor announces subject of the public hearing.

7.1 Staff and Written Material Presentation

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 Written material not in the agenda packet, if any, (e.g. protests, etc.) are noted for the record and received and filed.
 Staff report, if any, is presented by staff member.
 Staff responds to Councilmember questions.
 Mayor declares the public hearing open/ opens public comment.

7.2 Public Comment
 Mayor instructs members of the audience: (a) speak from the podium; (b) they may give their name and address (optional) before speaking; (c) a time limit for each speaker may be designated; and (d) that repetition should be avoided.
 The applicant/representative will normally speak first.  Questions by speakers will be noted prior to Council deliberation.  Mayor declares the public hearing closed.

7.3 Council Deliberations
 After the Mayor has determined that no other member of the audience wishes to speak, the matter is returned to the City Council for deliberation.
 The Council may ask questions of speakers for clarification.  The Council makes a motion and debates.

7.4 Council Action
 Council at this time may re-open and continue the public hearing. (a) This should be done if any additional information is requested (e.g. a staff report).
(b) Continuing a public hearing to a specific date does not require additional notice.
 Council may:
(a) Vote on the item;
(b) Offer amendments or substitute motions and re-open
the hearing allowing additional public comment if needed; (c) Continue the matter to a later date for a decision. (Note:
no additional reports or testimony may be received after the hearing has been closed).

8. City Council Committees

8.1 Establishment (Appointment of Council Members Thereto). At the regular meeting in January, the Mayor shall appoint Council members to serve on various committees for a one year term. Committees shall be created and members appointed thereto in accordance with rules and regulations set out by the City Council by the Resolution Governing Committees and Commissions as amended.

Atherton City Council Rules of Procedure Page 8 of 9

8.2 Appointment of Council Members to City Council Committees Appointment of non-voting members to City Council Committees shall proceed as provided by the terms and provisions of separate resolution and as amended.

Committees shall be created and members appointed thereto in accordance with rules and regulations set out by the City Council by the Resolution Governing Committees and Commissions as amended. Councilmembers shall serve as liaisons to such committees but shall have no vote.

8.3. Ad Hoc Committees The Mayor may appoint ad hoc committees of less than a quorum of the City Council as deemed appropriate and necessary. Such committees shall have a defined task and be of limited duration. Such committees are exempt from provisions of the Brown Act.

9. Suspension and Amendment of These Rules

9.1 Suspension Any provision of these rules not already governed by the Atherton Municipal Code may be temporarily suspended by a majority vote by the Council.

9.2 Amendment These rules may be amended by additions or deletions or new rules adopted by a majority vote of the Council.

10. Miscellaneous Rules

10.1 Roll Call Votes Upon demand by any Councilmember, made before the vote is called for, a roll call vote shall be taken on the motion before the Council.

The Mayor's name shall be called last with other members' names called at random by the City Clerk. Members shall not give explanations for their vote during roll call.

10.2 Silence During a voice vote, silence by any member denotes an affirmative vote.

10.3 Continuance of an Item
Continuance by a Councilmember: Any Councilmember may, with the consent of the Council, continue an item not subject to a deadline to an agreed upon meeting. If the Councilmember will not be in attendance at the meeting, the Councilmember's request to continue an item should be personally conveyed to the Mayor or City Manager prior to the meeting.

Continuances Requested by Someone Not a Councilmember: Anyone may request a continuance of an item by the Council. A request for a continuance may be granted by vote of the Council only if it finds that (1) the need for the continuance was beyond the control of the person requesting it, (2) the need for the continuance arose after (a) the date of the notice of public hearing was

Atherton City Council Rules of Procedure Page 9 of 9
published if the item is subject to a public hearing, or (b) the time the Council agenda was posted for items not subject to a public hearing, and (3) continuing the matter will not unduly impact any person interested in the decision.

10.4 Personal Privilege The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which the integrity, character, or motives of the Councilmember is in question, or where the welfare of the Council is concerned. The Councilmember may not interrupt the speaker, however, until recognized by the Mayor

10.5 Dissenting Opinion Any member shall have the right to enter into public record reasons for dissent or disagreement against any action carried by the majority.

10.6 Motion to Reconsider A motion to reconsider any action taken by the Council may be made in accordance with the following:

1. The motion must be made by a member who voted in the majority, although it may be seconded by any Councilmember.

2. The motion must be made prior to the adjournment of the meeting at which the original action was taken or at the next meeting.

3. The motion is debatable and has precedence over a pending motion.

10.7 Representations of Town and/or City Council policy. Councilmembers shall not represent themselves as speaking on behalf of the Town and/or the City Council without prior approval of the City Council. The statements of previously approved City Council policy may be reiterated or recalled without additional City Council approval.

11. Rules of Debate

11.1 Mayor as Presiding Officer The Mayor may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Councilmember.

11.2 Appeals Any ruling of the Mayor may be appealed to the entire City Council at the request of a Councilmember. The Mayor shall call for a roll call vote to determine if the ruling is upheld.

11.3 Rules of Parliamentary Procedure Rosenberg’s Rules of Order shall govern parliamentary procedure. The City Attorney shall serve as parliamentarian.

APPROVED AS TO FORM:
/s/ William B. Conners, City Attorney

1 Appendix B

TOWN OF ATHERTON
Council Code of Conduct
Approved March 19, 2014

1. PREAMBLE
The citizens of Atherton are entitled to have fair, ethical and accountable local government which has earned the public's full confidence for integrity. The citizens of Atherton expect public officials, both elected and appointed, and city employees to comply with both the letter and spirit of the laws of the State of California, the United States of America, the Atherton Municipal Code, and the established policies of the Town of Atherton affecting the operations of local government.

Further, public officials, both elected and appointed, and city employees are expected to be independent, impartial and fair in their judgment and actions; and public office shall be used for the public good, not for personal gain; and public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

To this end, the Atherton City Council has adopted a Code of Conduct and Procedures for members of the City Council, committees and commissions and City staff to assure public confidence in the integrity of local government and its effective and fair operation. All persons covered by this code will aspire to meet the highest ethical standards in the conduct of their responsibility as a public official, elected or appointed, and city employees.

The Code of Conduct and Procedures shall be discussed at least annually, in either a regular meeting or a study session by the Council, Commissions, Committees and staff as an on-going means of developing a thorough understanding of the Code of Conduct and Procedures and the Brown Act.

RELATIONSHIP BETWEEN CITY COUNCIL, COMMITTEE AND COMMISSION

MEMBERS AND TOWN STAFF
The Town of Atherton municipal government operates under a council-manager form of government as established by Atherton Municipal Code. Under this form of government, the Council provides legislative direction, sets policy and monitors its execution by Town staff. The City Manager serves as the Town’s chief executive and administrative officer and is responsible for directing the day-to-day operations of the Town.

Except for the purpose of inquiry, the Council and its members shall deal with the administrative service of the Town solely through the City Manager and neither the Council nor any member

2 thereof shall give orders to any subordinate of the City Manager, either publicly or privately. A more formal procedure should be followed if Council needs staff support that requires more than thirty (30) minutes of a staff member's time. If a majority of the Council approves such a request, the City Manager will proceed with said request and report his/her findings back to the Council upon completion. The same procedure applies to Council requests of the City Attorney, except in instances involving personnel or sensitive issues.

The work of the Town is a team effort. Councilmembers, Commissions, Committees and staff shall work together in a collaborative process, assisting each other in conducting the affairs of the Town.

POLICY STATEMENT
The Atherton City Council has adopted this Code of Ethics to encourage public confidence in the integrity of local government and its fair and effective operation.

1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, Councilmembers shall work for the common good of the people of Atherton and not for any private or personal interest, and they will endeavor to treat all persons, claims and transactions in a fair and equitable manner.

2. Comply with the Law
Councilmembers shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Atherton Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government; and Town policies.

3. Conduct of Members
Councilmembers shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City Council, commissions, committees, ad-hoc committees, staff or the public. Differing viewpoints are healthy in the decision-making process.

Individuals have the right to disagree with ideas and opinions, but without being disagreeable.

Once the City Council, Commissions and Committees take action, members of the Council, Committee, Commission, and staff shall commit to supporting said action of the majority and not create barriers to the implementation of said action. Members of the City Council, Commissions, Committees and Staff shall not represent themselves as speaking on behalf of the Town and/or the City Council without prior approval of the City Council. The statements of previously approved City Council action may be made without additional City Council approval.

4. Respect for Process
Councilmember duties shall be performed in accordance with the processes and rules of procedures established by the City Council.

5. Conduct of Public Meetings

3 Councilmembers shall inform themselves of public issues, listen attentively to public discussions before the body and focus on the business at hand. The City Council, Commissions and Committees will distinguish between free speech and malicious innuendo or personal, insulting, slanderous attacks and will not tolerate verbal abuse of any Council members, Commissions or Committee members, or staff, either from the floor or from each other. It is the responsibility of the Chair, and, if necessary, all the members of the Council, Commissions and Committees, to enforce and maintain decorum at meetings.

6. Decisions Based on Merit
Council decisions shall be based upon the merits and substance of the matter at hand.

7. Communication
It is the responsibility of Councilmembers to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process with all other Councilmembers.

8. Coordination with City Staff
Appropriate City staff should be involved when Councilmembers meet with officials from other agencies and jurisdictions to ensure proper staff support as needed and to keep staff informed.

Councilmembers may coordinate the use of staff support through the City Manager.

9. Disclosure of Corruption
All City officials shall take an oath upon assuming office, pledging to uphold the constitution and laws of the City, the State and the Federal government.

10. Conflict of Interest
In order to assure their independence and impartiality on behalf of the public good, Councilmembers shall not use their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law.

In accordance with the law, members shall file written disclosures of their economic interest and if they have a conflict of interest regarding a particular decision, refrain from participating in that decision unless otherwise permitted by law.

11. Gifts and Favors
Councilmembers shall not take advantage of services or opportunities for personal gain by virtue of their public office that are not available to the public in general. They shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence of judgment or action or give the appearance of being compromised.

12. Confidential Information
Councilmembers shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the Town. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial or private interests.

4 13. Use of Public Resources
Public resources not available to the general public (e.g., City staff time, equipment, supplies or facilities) shall not be used by members of Council, Committees, and Commissions for private gain or personal purposes. Staff can be used by the City Council, Commissions and Committees as a valuable resource to provide routine information on ongoing projects and programs. Council members, Commissions and Committee members shall request information needed to supplement, upgrade or enhance their knowledge about Town projects and programs directly through the City Manager.

14. Representation of Private Interests
In keeping with their role as stewards of the public trust, Councilmembers shall not appear on behalf of the private interests of a third-party before the City Council or any commission or committee or proceeding of the City.

15. Advocacy
To the best of their ability, Councilmembers shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the Council or the City.

16. Improper Influence
Councilmembers shall refrain from using their position to improperly influence the deliberations or decisions of Town staff, commissions or committees.

17. Policy Role of Members
Councilmembers shall respect and adhere to the Council-Manager structure of the Atherton City government as provided in State law and the Atherton Municipal Code.

18. Positive Work Environment
Councilmembers shall support the maintenance of a positive and constructive environment for residents and Town employees.

19. Implementation
Ethics standards shall be included in the regular orientations for City Council candidates.

Councilmembers entering office shall sign a statement affirming they read and understood the Town of Atherton’s City Council Code of Ethics.

20. Compliance and Enforcement
Councilmembers themselves have the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of City government.

Resolution No. 23-20 Page 1 of 8 September 20, 2023
RESOLUTION 23-20
AMENDS RESOLUTION 23-17
A Resolution of the City Council of the Town of Atherton Establishing and Governing Town Committees
Amended June 21, 2023
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. Transportation, Bicycle and Pedestrian Safety 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, followup 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.

Resolution No. 23-20 Page 2 of 8 September 20, 2023

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 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.

Resolution No. 23-20 Page 3 of 8 September 20, 2023
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 Transportation, Bicycle and Pedestrian Safety Committee as described, all appointed members shall be Atherton residents. 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. 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

Resolution No. 23-20 Page 4 of 8 September 20, 2023
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.

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:

Resolution No. 23-20 Page 5 of 8 September 20, 2023
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.
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.

Resolution No. 23-20 Page 6 of 8 September 20, 2023
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.

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.

Resolution No. 23-20 Page 7 of 8 September 20, 2023

4. Transportation, Bicycle and Pedestrian Safety Committee The Transportation, Bicycle and Pedestrian Safety Committee makes recommendations to the City Council on issues related to transportation, traffic, roadway safety, pedestrian and bicycle safety. This committee shall satisfy the requirements of the Metropolitan Transportation Commission as the Town’s Transportation, Bicycle and Pedestrian Safety Committee Membership should be composed of both bicyclists and pedestrians. The Committee typically meets every other month. The Committee consists of seven (7) appointed members and one (1) City Council Member liaison. Committee appointed members shall serve terms of four-year (4) years. Acting in an advisory capacity, the Committee shall have the following powers and duties:
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.
f. Work with staff in providing recommendations on issues related to the Town’s bicycle and pedestrian network and Bicycle and Pedestrian Master Plan. g. Make recommendations to the City Council on the selection of bicycle and pedestrian projects to be submitted for state and federal funding opportunities. h. Work with staff to promote bicycling and walking as safe and healthy alternative modes of transportation, including safe routes to schools. i. Assist Town staff in the planning, operations and maintenance of bicycle and pedestrian facilities in Town.

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.

Section 6: Advice

Resolution No. 23-20 Page 8 of 8 September 20, 2023
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 20th day of September 2023, by the following vote.

AYES: 5 COUNCIL MEMBERS: Holland, DeGolia, Lewis, Hawkins, Widmer NOES: 0 COUNCIL MEMBERS:

ABSENT: 0 COUNCIL MEMBERS:

ABSTAIN: 0 COUNCIL MEMBERS:

_______________________
Bill Widmer, Mayor
Town of Atherton
ATTEST:
______________________
Anthony Suber, City Clerk
APPROVED AS TO FORM:
_________________________________
Andreas Booher, Assistant City Attorney