AGENDA PACKET
Town of Atherton
City Council
AUGUST 20, 2024
SPECIAL MEETING
10:30 AM
Council Chambers
80 Fair Oaks Lane, Atherton, CA 94027
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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, Widmer, DeGolia, Vice Mayor Lewis, Mayor 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. CONSIDER ADOPTING A RESOLUTION TO APPOINT TWO (2) QUALIFIED CANDIDATES FOR THE NOVEMBER 5, 2024 BALLOT FOR CITY COUNCIL AND CANCEL THE ATHERTON CITY COUNCIL ELECTION IN ACCORDANCE WITH ELECTION CODE 10229
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
Recommendation: It is recommended that the Council consider adopting a Resolution to appoint two (2) qualified candidates for the November 5, 2024 ballot for City Council and consider cancellation of the Atherton City Council election in accordance with Election Code 10229.
Description: This item will be a City Council discussion to consider appointing two members to the City Council in accordance with the State of California Election Code and consideration to cancel the election.
2. CONSIDERATION OF AN APPOINTMENT TO THE TOWN OF ATHERTON PLANNING COMMISSION
Report:ANTHONYSUBER,DEPUTYCITYMANAGER/CITYCLERK
Meeting Agenda Packet – August 20, 2024
ELECTION CODE 10229
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
Recommendation: It is recommended that the Council consider adopting a Resolution to appoint two (2) qualified candidates for the November 5, 2024 ballot for City Council and consider cancellation of the Atherton City Council election in accordance with Election Code 10229.
Description: This item will be a City Council discussion to consider appointing two members to the City Council in accordance with the State of California Election Code and consideration to cancel the election.
2. CONSIDERATION OF AN APPOINTMENT TO THE TOWN OF ATHERTON PLANNING COMMISSION
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
Recommendation: It is recommended that the Council appoint one (1) applicant to the Planning Commission to fill a 4year term expiring on June 30, 2028.
Description: This is a routine item for the Council to consider appointment to the Planning Commission for a 4year term.
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, Meeting Agenda Packet – August 20, 2024
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 person to leave the meeting.
Meeting Agenda Packet – August 20, 2024
Item No. 1
Town of Atherton
CITY COUNCIL STAFF REPORT – SPECIAL AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
DATE: AUGUST 20, 2024
SUBJECT: CONSIDER ADOPTING A RESOLUTION TO APPOINT TWO (2) QUALIFIED CANDIDATES FOR THE NOVEMBER 5, 2024
BALLOT FOR CITY COUNCIL AND CANCEL THE ATHERTON
CITY COUNCIL ELECTION IN ACCORDANCE WITH
ELECTION CODE 10229
RECOMMENDATION
It is recommended that the Council consider adopting a Resolution to appoint two (2) qualified candidates for the November 5, 2024 ballot for City Council and consider cancellation of the Atherton City Council election in accordance with Election Code 10229.
BACKGROUND
The candidate filing period for the November 5, 2024, election closed on Friday, August 9, 2024, at 5:00 PM. Two (2) candidates for City Council (Diana Hawkins-Manuelian and Elizabeth Lewis) qualified for the open seats to be voted on at the General Municipal Election on Tuesday, November 5, 2024.
Elections Code 10229 states that if there are not more candidates qualified for the ballot than offices to be elected at a municipal election, one of the following courses of action may be taken by the City Council;
1. Appoint to the office the person(s) who have been nominated;
2. Appoint to the office any eligible voter if no one has been nominated; or
3. Hold the election if either no one or only one person has been nominated.
Option number 2 is not applicable because two (2) candidates have completed the nomination process during the candidate filing period qualifying for the ballot.
By Resolution, the City Council may appoint Diana Hawkins-Manuelian and Elizabeth Lewis to the offices to which they were nominated. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
Cancelling November 2024 Municipal Election
AUGUST 20, 2024
A notice of publication that there are not more candidates than offices to be elected must be published in a newspaper of general circulation for at least five (5) days before the City Council can take action on Election Code § 10229. A notice ran in the Palo Alto Daily Post and San Mateo Daily on August 15, 2024 and the Almanac on August 17, 2024.
If the City Council does not take action to appoint the candidates by the 75th day before the election, August 22, 2024, EC 10229 states that the election will be held. This would allow for write-in candidates. If the Council makes the appointment and cancellation pursuant to EC 10229, the City Clerk shall not accept any filing documents or nomination documents of write-in candidates submitted after the appointment is made.
Public notification of the nomination period consisted of a Notice of Election published in local newspapers, electronic distributions, and other election outreach included across various Town channels.
FISCAL IMPACT
If the Council chooses to appoint the two (2) qualified candidates to office and cancel the election, the $12,000 budgeted for FY24/25 elections costs will be returned to the Unallocated General Fund.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area A – Maintain Fiscal Responsibility
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned
POLICY FOCUS
The recommendations in this report are consistent with Town policies and Council Goals. If the Council chooses to cancel the election the two nominees would assume office in December 2024 and serve exactly as if elected at the election. The City Council opted to cancel elections based on numbers of qualified candidates in 2016 and 2018.
If Council chooses not to cancel the election nomination papers for write-in candidates can be accepted from September 9 to October 22, 2024.
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
Cancelling November 2024 Municipal Election
AUGUST 20, 2024
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. Cancel the Election -Resolution
2. Notice of Facts (Exhibit A to Resolution)
Resolution No. 2024-XX Page 1 of 2 August 20, 2024
RESOLUTION NO. 24-XX
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON, CALIFORNIA,
PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS TOWN THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected and that Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, only two candidates were nominated for the two City Council seats to be filled at the November 5, 2024, election; therefore the City Council may take action pursuant to No. 1 or No. 3 above; and
WHEREAS, there are no other offices to be filled at the November 5, 2024 election, and no measure has qualified to be submitted to the voters at the November 5, 2024 election; WHEREAS, on August 9, 2024, after 5:00 p.m., the City Clerk delivered to the City Council the certificate required by California Elections Code Section 10229, which is attached hereto as Exhibit A; and
WHEREAS, a notice was published in a newspaper of general circulation pursuant to law.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the Town of Atherton, California, does hereby declare, determine and order as follows:
Section 1. That pursuant to Section 10229 of the Elections Code of the State of California, the following action is being taken:
(a) The following persons are being appointed to the offices to which they were nominated, and the election scheduled to be held on Tuesday, November 5, 2024, is now cancelled:
Diana Hawkins-Manuelian, City Council
Elizabeth Lewis, City Council
Section 2. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
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 Special Meeting thereof held on this 20th day of August, 2024, by the following vote:
Resolution No. 2024-XX Page 2 of 2 August 20, 2024
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Diana Hawkins-Manuelian, Mayor
ATTEST:
Anthony W. Suber, City Clerk
APPROVED AS TO FORM:
Andreas Booher, City Attorney
_____________________________________________________________________________________________________
TOWN OF ATHERTON
NOTICE THAT THERE ARE
NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED
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Email: [email protected]
NOTICE IS HEREBY GIVEN that pursuant to Section 10229 of the Elections Code of the State of California, relating to the General Municipal Election in the Town of Atherton to be held on Tuesday, November 5, 2024:
As of the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected.
That Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
No. 2 is not applicable because three individuals have been nominated.
The City Council will meet on Tuesday, August 20 at 10:30 AM in the City Council Chambers at 80 Fair Oaks Lane, Atherton, CA to take one of the above courses of action as allowed by EC 10229. An agenda will be available through the City Clerk’s Office by Friday, August 16. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If, by the 75th day before the municipal election, no person has been appointed to the offices pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to Section 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy that is submitted after the appointment is made.
Date Published: August 14, 2024
Date Posted: August 14 2024
/s/ Anthony Suber
Anthony Suber, City Clerk
Town of Atherton
Town Administrative Offices
80 Fair Oaks Lane
Atherton, California 94027
650-752-0500
Item No. 2
Town of Atherton
CITY COUNCIL STAFF REPORT – ACTION ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
DATE: AUGUST 20, 2024
SUBJECT: CONSIDERATION OF AN APPOINTMENT TO THE TOWN OF
ATHERTON PLANNING COMMISSION
RECOMMENDATION
It is recommended that the Council appoint one (1) applicant to the Planning Commission to fill a 4-year term expiring on June 30, 2028.
BACKGROUND
The Council considered appointment to the Planning Commission at the June 19, 2024, Regular City Council meeting. There was only one applicant for one open seat, which was not the incumbent (Nancy Learner) who served two consecutive terms and will be eligible for reappointed to the Commission following a minimum two-year hiatus. The appointment made at that meeting was voided due to address verification challenges and the City Clerk launched a new recruitment to fill the vacancy.
The Planning Commission has one (1) vacancy for a 4-year term expiring on June 30, 2028. There is one (1) applicant for the Council to consider.
• Sandy Levinson
Appointment Process
It is recommended that the Council consider appointing with a motion announcing the Commission and term being considered and then hold a vote. The City Clerk is able to assist with voting sheets if requested.
FISCAL IMPACT
None
Planning Commission Appointment
AUGUST 20, 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 • Goal Area E – Strengthen Community Engagement and Transparency
POLICY FOCUS
The Council is not obligated to appoint any of the candidates to any of the positions and may choose to extend the candidate recruitment process as it deems necessary. The Council reserves complete discretion in appointments.
Town Commissions and Committees represent a key component of civic engagement within the community. The participation of the members is a vital part of the Town’s public engagement and review process. These groups have the ability to gather public input on an issue and provide feedback and recommendations to the City Council for consideration.
When evaluating applicants for Commissions and Committees, the City Council should consider the role of each committee, the amount of oversight needed, cost effectiveness, efficiency in decision-making, and the desire of the City Council for direct policy involvement on particular issues.
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. Committee Application
2. Commission and Committee Roster
3. Committee Governing Resolution No. 20-23
Planning Commission Appointment
AUGUST 20, 2024
1 Anthony Suber
From: [email protected]
Sent: Saturday, July 20, 2024 8:39 PM
To: Anthony Suber; Francesca Reyes
Subject: Online Form Submittal: Application for Town Committee/Commission [The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Application for Town Committee/Commission
Name Sandy Levison
Address , Atherton
Phone Number
Email Address
Commission/Committee
of Interest
Planning Commission
Education BS, Economics / Political Science, Santa Clara University List your civic affiliations
and community
activities, including
service on other
commissions and
committees?
Menlo Charity Horse Show 1990 - present, in charge of
parking and security
Atherton Police Foundation 2012 - 2015, raised funds for needs of APD not covered in the existing budget
Atherton Now - co-chair 2015 - 2019, raised funds for the new Town Center
President Sacred Heart Schools Parent Board, member of
Board of Trustees- 2011-12 and 2016-17
Oakwood Advisory Board - 2018 to present, retirement
community for Religious of the Sacred Heart located on the campus of Sacred Heart Schools
Menlo Circus Club House Committee - 2020-present, co-chair of the committee and lead the process of a remodel of the main clubhouse
Catechist St. Raymonds - teach Sunday School 2018 - present Rotary Palo Alto, retired
Senior Vice President, Mid-Peninsula Bank, retired
Describe your
understanding of the
responsibilities of the
commission or
The Atherton Planning Commission in California is responsible for several key duties related to land use planning and development within the Town, including:
2 committee that you are
applying for and how
your personal,
community or
professional experience
relate to these
responsibilities?
Reviewing Development and Variance Applications: The
Planning Commission reviews variance applications for new construction, remodels, conditional use permits, and other land use changes. They assess these applications based on local zoning ordinances, general plans, and other applicable
regulations. The planning commission also reviews and
supports/rejects variance requests for ordinance exception and for heritage tree removals.
Making Recommendations: After reviewing development
applications, the Planning Commission makes
recommendations to the Town Council regarding approval, denial, or modifications. These recommendations are often based on how well the proposed development aligns with the town's general plan and zoning regulations.
General Plan and Zoning Ordinance Amendments: The
Planning Commission may initiate or review proposed
amendments to the general plan or zoning ordinances. This could involve updating land use designations, zoning
classifications, or development standards to reflect current community needs and goals.
Public Hearings: The Commission conducts public hearings to gather input from residents, property owners, and stakeholders on proposed development projects and planning policy
changes. Public input helps inform their decisions and
recommendations.
Long-Range Planning: They participate in long-range planning efforts to guide future growth and development in Atherton.
This includes considering factors like transportation, housing needs, environmental sustainability, and community character.
Environmental Review: The Commission ensures that
proposed developments undergo environmental review as
required by CEQA. They assess potential environmental
impacts and may require mitigation measures to minimize adverse effects.
Advisory Role: While the Planning Commission makes
recommendations, the final authority for most land use
decisions rests with the Town Council. The Commission
serves in an advisory capacity, providing expert analysis and community perspective.
Community Engagement: They engage with the community to educate residents about planning issues, gather feedback on
3 proposed projects, and promote transparency in the decisionmaking process.
Overall, the Atherton Planning Commission plays a crucial role in shaping the physical development and growth of the town while balancing the interests of residents, businesses, and the broader community. Their decisions and recommendations
aim to uphold the town's vision for sustainable growth and quality of life.
The time spent working with the Police Foundation and
Atherton Now enabled me to experience the value of working with multiple stakeholders to improve the Town and its
facilities. It was very fulfilling to watch the project go from a concept to completion and become a gathering place for
Atherton residents and the broader community.
The volunteer leadership positions at Sacred Heart Schools allowed me to understand that while building consensus is often desirable, not all decisions will be liked by everyone.
That understanding is a fundamental part of the Planning Commission role in implementing the Town’s building
regulations and codes. Consistently applying the rules and regulations provides a sense of fairness that allows for all parties to feel that they have been treated fairly.
Describe why you want
to serve on this
commission and what
you hope to accomplish
as a member?
My work with the Police Foundation and Atherton Now has given me the opportunity to join with community leaders and contribute to enhancing the Town for all residents.
Membership on the Planning Commission would be an
extension of that work and allow me to continue to serve the Town in another capacity.
I believe the Planning Commission will play an important role in working with the Town Council to navigate through the challenges and opportunities of the current and future housing element issues. As a long time resident, I believe the Planning Commission has a responsibility to incorporate both the short and long term needs of the residents through a balanced approach to adhering to State regulations while maintaining the unique character of Atherton.
While Atherton is primarily a residential community, my work at Sacred Heart Schools has given me the opportunity to
understand the perspectives of the educational institutions that are also part of the Town.
Atherton faces various challenges such as traffic congestion,
4 construction impact on neighbors and environmental
sustainability. As a commissioner, I hope to contribute to finding innovative solutions to these issues.
I understand that membership on the Planning Commission requires time for monthly meeting preparation, attendance, and follow-up. I am committed to dedicating the time
necessary to be an active and productive member of the
Commission.
Additional Information
you would like to add?
It is important to me to give back to the Atherton community.
My husband’s family began residing in Fair Oaks/Atherton in 1906 and my father-in-law served on the Planning Commission for over 20 years beginning in 1960’s. I want to continue the tradition of contributing to the community that we have been lucky to call home for multiple generations.
Commissions & Committees Roster
2024-25
Audit and Finance Committee
Name
Walter Sleeth
Kate Scolnick
Appointment
6/2020
Expiration
6/2027
6/2020 6/2028
Devika Patil 6/2021
6/2021
1/2022
6/2025
6/2025
6/2026
Ann Yvonne Walker
Thomas Hill
Transportation, Bicycle and Pedestrian Safety
Committee
Name Appointment
1/2023
Expiration
6/30/2027
6/30/2027
6/30/2028
6/30/2025
6/30/2025
6/30/2028
6/30/2026
Raymond Juballa
Jerome Leugers
David Jones
6/2019
6/2020
Steve Baloff
Joe Davis
Tom Owen
VACANT
6/2021
6/2021
6/2020
Environmental Programs Committee
Name Appointment Expiration
6/30/2027
6/30/2027
6/30/2028
6/30/2025
6/30/2026
VACANT
Gregory Loew
Amy Farrell
Suneet Sandhu
Kenneth Frederick
6/2021
6/2022
10/2023
6/2022
Park and Recreation Committee
Name
Alex Keh
Appointment
6/2019
Expiration
6/30/2027
6/30/2027
6/30/2028
Julianna Robertson
Dorothy Hunter
Robert Roeser
VACANT
6/2019
7/2024
10/2022 6/30/2026
6/30/2026
FOUNDATION APPOINTMENT
Frank Merrill 6/2022 6/30/2028
Walter Robinson 6/2021 6/30/2025
Planning Commission
Name Appointment
6/2023
6/2023
Expiration
6/30/2027
6/30/2027
6/30/2028
6/30/2025
6/30/2026
Thom Bryant
Paul Tonelli
VACANT
Bob Polito
Eric Lane
3/2023
6/2022
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
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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:
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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.
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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.
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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
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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:
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Bill Widmer, Mayor
Town of Atherton
ATTEST:
______________________
Anthony Suber, City Clerk
APPROVED AS TO FORM:
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Andreas Booher, Assistant City Attorney