Atherton City Council
March 19, 2025

AGENDA PACKET
Town of Atherton
City Council
MARCH 19, 2025
REGULAR MEETING
6:00 PM
Council Chambers
80 Fair Oaks Lane
Atherton, CA 94027
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Email: [email protected]
This Agenda may not reflect the actual order of items.  The order of items is subject to change based on Council action.

REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL – Hawkins­Manuelian,  DeGolia, Widmer, Vice Mayor Holland, Mayor Lewis

PRESENTATIONS
SEQUOIA HEALTHCARE DISTRICT
INTRODUCTION & SWEARING IN: SERGEANT DOUG RICHARDSON AND MANAGEMENT ANALYST ALEXIS GARCIA­DAWSON
PUBLIC COMMENTS – Public Comments can be emailed directly to [email protected]
This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the Agenda that is within the subject matter jurisdiction of the City Council. State law prohibits the Council from acting on items not listed on the Agenda except by special action of the City Council under specified circumstances. Comments for items on the agenda is limited to three (3) minutes and comments for items not on the agenda is limited to one (1) minute. The Mayor may, at the Mayor's discretion, restrict or grant additional speaker time based on such considerations as agenda length, number of speakers, complexity of the item, or looming threat oflossofquorumPleaserefertothefootnoteattheendofthepostedagendaforadditional Meeting Agenda Packet – March 19, 2025

PUBLIC COMMENTS – Public Comments can be emailed directly to [email protected]
This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the Agenda that is within the subject matter jurisdiction of the City Council. State law prohibits the Council from acting on items not listed on the Agenda except by special action of the City Council under specified circumstances. Comments for items on the agenda is limited to three (3) minutes and comments for items not on the agenda is limited to one (1) minute. The Mayor may, at the Mayor's discretion, restrict or grant additional speaker time based on such considerations as agenda length, number of speakers, complexity of the item, or looming threat of loss of quorum. Please refer to the footnote at the end of the posted agenda for additional notice regarding public comments.

DISCLOSURE OF EX PARTE COMMUNICATIONS – City Council Members should disclose any communications they have had on the agenda items at this time.

DEPARTMENTAL WRITTEN REPORTS
Discussion: The Departmental Reports include written reports from the Town’s various Departments.

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

Link to Departmental Reports
REPORT OUT OF CLOSED SESSION
CONSENT AGENDA (Items 1 – 4)

1. APPROVAL OF BILLS AND CLAIMS FOR FEBRUARY 2025 IN THE AMOUNT OF $1,429,576
Report: ROBERT BARRON III, FINANCE DIRECTOR
Recommendation: It is recommended that the City Council approve the Bills and Claims for February 2025 in the amount of $1,429,576
Description: This is a routine item to approve the monthly bills and claims for February 2025.

2. APPROVAL OF MINUTES FOR FEBRUARY 19 AND MARCH 5, 2025 Report: ANTHONY SUBER, CITY CLERK
Recommendation: It is recommended that Council approve minutes for February 19 and March 5, 2025 meetings.

Description: This is a routine item to approve City Council meeting minutes.

3. 2024 GENERAL PLAN IMPLEMENTATION AND HOUSING ELEMENT ANNUAL PROGRESS REPORT
Report: BRITTANY BENDIX, TOWN PLANNER
Recommendation: Review and accept the 2024 Annual Progress Report (APR) and authorize its transmittal to the California Governors Office of Planning and Research (OPR) and the Californian Department of Housing and Community Development (HCD) via Council update, pursuant to Section 65400 of the California Government Code.

Description: This item is for Council to review and accept the 2024 Annual Progress Report (APR) and authorize its transmittal to the California Governors Office of Planning and Research (OPR) and the Californian Department of Housing and Community Development (HCD) via Council update, pursuant to Section 65400 of the California Government Code.

Meeting Agenda Packet – March 19, 2025

3. 2024 GENERAL PLAN IMPLEMENTATION AND HOUSING ELEMENT ANNUAL PROGRESS REPORT
Report: BRITTANY BENDIX, TOWN PLANNER
Recommendation: Review and accept the 2024 Annual Progress Report (APR) and authorize its transmittal to the California Governors Office of Planning and Research (OPR) and the Californian Department of Housing and Community Development (HCD) via Council update, pursuant to Section 65400 of the California Government Code.

Description: This item is for Council to review and accept the 2024 Annual Progress Report (APR) and authorize its transmittal to the California Governors Office of Planning and Research (OPR) and the Californian Department of Housing and Community Development (HCD) via Council update, pursuant to Section 65400 of the California Government Code.

4. SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND THE ATHERTON MUNICIPAL CODE TO RESPOND TO COMMENTS FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) ON THE 2023­2031 HOUSING ELEMENT AND ZONING CODE UPDATES.

Report: BRITTANY BENDIX, TOWN PLANNER
Recommendation: It is recommended that the City Council approve for second reading an ordinance that revises the Atherton Municipal Code to comply with the requirements of the Department of Housing and Community Development (HCD).

Description: This will be a Council discussion to review and approve an ordinance for adoption that revises the Atherton Municipal Code to comply with Department of Housing and Community Development requirements.

PUBLIC HEARING (Items  – )
REGULAR AGENDA (Items 5 – 7)

5. DISCUSSION AND DIRECTION REGARDING ATHERTON ARTS FOUNDATION PROPOSAL FOR MAIN HOUSE
Report: BEN TALAVERA, MANAGEMENT ANALYST II
Recommendation: It is recommended that the Council provide feedback and guidance to staff on the Atherton Arts Foundation's Proposal for Upstairs Main House Art and proposed revisions to the Park Use (facility rental) Agreement to include provisions related to the artwork in the Main House.

Description: This item will be a Council discussion to provide feedback and guidance to staff on the Atherton Arts Foundation's proposal for upstairs Main House Art and proposed revisions to the Park Use (facility rental) Agreement to include provisions related to the artwork in the Main House.

6. REVIEW AND DIRECTION REGARDING CHAPTER 6.04 – ANIMAL CONTROL Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council review and discuss the regulations governing Animal Control in Chapter 6.04 of the Atherton Municipal Code and provide direction regarding modifications.

Description: This will be a Council review to discuss the regulations governing Animal Control in Chapter 6.04 of the Atherton Municipal Code and provide direction regarding modifications.

7. REVIEW AND DISCUSS POLICY ISSUES RELATED TO EMERGENCY

PREPAREDNESS
Report: GEORGE RODERICKS, CITY MANAGER
Meeting Agenda Packet – March 19, 2025

6. REVIEW AND DIRECTION REGARDING CHAPTER 6.04 – ANIMAL CONTROL Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council review and discuss the regulations governing Animal Control in Chapter 6.04 of the Atherton Municipal Code and provide direction regarding modifications.

Description: This will be a Council review to discuss the regulations governing Animal Control in Chapter 6.04 of the Atherton Municipal Code and provide direction regarding modifications.

7. REVIEW AND DISCUSS POLICY ISSUES RELATED TO EMERGENCY

PREPAREDNESS
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council review and discuss policy issues related to emergency preparedness.

Description: This will be a Council discussion to review policy issues related to emergency preparedness.

COUNCIL REPORTS/COMMENTS
FUTURE AGENDA ITEMS

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 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 Town 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:

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Meeting Agenda Packet – March 19, 2025

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 person to leave the meeting.

Meeting Agenda Packet – March 19, 2025

Town of Atherton City Council Regular Meeting – February 19, 2025

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

PLEDGE OF ALLEGIANCE
ROLL CALL – Hawkins-Manuelian, Widmer, DeGolia, Vice Mayor Holland, Mayor Lewis – Present

PRESENTATIONS
• Chief Lorenzen of Menlo Park Fire Protection District made a brief statement under presentations to the City Council.

PUBLIC COMMENTS - NONE
DISCLOSURE OF EX PARTE COMMUNICATIONS – City Council Members - NONE

DEPARTMENTAL WRITTEN REPORT
REPORT OUT OF CLOSED SESSION – by City Attorney Ebrahimi – NONE CONSENT AGENDA (Items 1 – 5)

1. APPROVAL OF BILLS AND CLAIMS FOR JANUARY 2025 IN THE AMOUNT OF $2,326, 138.

2. APPROVAL OF MINUTES OF JANUARY 15, JANUARY 22 AND FEBRUARY 5, 2025

3. ANNUAL REPORT REGARDING USE OF MILITARY EQUIPMENT PURSUANT TO AB 481

4. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING ATHERTON MUNICIPAL CODE CHAPTER 6.04 RELATED TO THE

REGULATION OF CHICKENS
Pulled for discussion by Council Member Hawkins-Manuelian

MINUTES
Town of Atherton
City Council
FEBRUARY 19, 2025

REGULAR MEETING

Town of Atherton City Council Regular Meeting – February 19, 2025

Adopted Ordinance No. 669

5. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF

COMPLETION FOR THE FAIR OAKS LANE/LLOYDEN DRIVE/DINKELSPIEL

STATION LANE INTERSECTION IMPROVEMENT PROJECT, PROJECT
NUMBER 56093
MOTION: By DeGolia, Second, by Widmer to approve the Consent Agenda Items 1 – 5 noting Item No. 4 would return to Council for discussion at a future meeting and Item No. 2 as amended.

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

ABSENT:

ABSTAIN:

PUBLIC HEARING – (Items 6)

6. CONSIDERATION OF A RESOLUTION ADOPTING REVISIONS TO THE

ATHERTON GENERAL PLAN AND INTRODUCTION OF AN ORDINANCE WITH

FIRST READING TO AMEND THE ATHERTON MUNICIPAL CODE TO RESPOND

TO COMMENTS FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) ON THE 2023-2031 HOUSING ELEMENT

AND ZONING CODE UPDATES
Town Planner Bendix presented the item providing a review of the background, a review of the letter from HCD, changes made in response to the HCD letter and the next steps.

Council discussed the issues related to SB 9 lot splits, HCD’s review process and requested changes. Council also asked staff to provide guidance on the odds for HCD’s approval.

MOTION: By Widmer, Second by Holland to Adopt Resolution No. 2025-02 revising the Atherton General Plan and introduce an Ordinance with first reading to amend the Atherton Municipal Code to responds to comments from the California Department of Housing and Community Development (HCD) on the 2023-2031 Housing Element and Zoning Code Updates.

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

ABSENT:

ABSTAIN:

REGULAR AGENDA (Items 7 - 9)

7. PROVIDE FEEDBACK AND DIRECTION REGARDING THE ATHERTON LIBRARY CHILDREN’S GARDEN PROJECT

Town of Atherton City Council Regular Meeting – February 19, 2025

Public Works Director Ovadia presented the item noting the community engagement processes and procurement of funds from the San Mateo County Library.

Attendees included representatives from the Friends of the Library, Christine David, Library Manager, Ginny Miles, Library Project Manager, Rachael McDonnel, and playground designer, Jeffrey Miller.

Mr. Jeffrey Miller made a brief presentation to the Council related to the design of the project.

He noted the community engagement that included meetings he held with residents, Atherton staff and library staff.

Public Comments:
- Christine David
- Ken Frederick
- Bob Roeser
Council expressed support for this project, this will return to the Council for further review.

8. CONSIDERATION OF APPOINTMENT TO PLANNING COMMISSION
City Clerk Suber presented the item and introduced the candidate for the Planning Commission, Jerome Leugers.

Council held a brief discussion regarding the candidate and annual appointment process.

MOTION: By DeGolia, Second by Holland to appoint Jerome Leugers to the Planning Commission for a term expiring June 30, 2027.

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

ABSENT:

ABSTAIN:

9. INSTALLATION OF A "NO LEFT TURN" SIGN ON ENCINAL AVENUE Chief McCulley presented the item and Council discussed the issues related to traffic flow, backup on other on other surface streets, hours, and the implementation of the no left turn signal.

MOTION: By Lewis, Second by Widmer to approve the installation of a “No Left Turn 2pm to 4pm” restriction sign on eastbound Encinal Avenue at the entrance to the Encinal School student drop off and pick up area.

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

ABSENT:

ABSTAIN:

COUNCIL REPORTS/COMMENTS

Town of Atherton City Council Regular Meeting – February 19, 2025

• Council Member Hawkins-Manuelian provided a report on recent emergency preparedness meetings, training, and activities. The Council asked that this issue be returned to the Council for future policy discussion.
• Mayor Lewis reported that Peninsula Volunteers Inc. held its 47th annual meals on wheels event.

FUTURE AGENDA ITEMS – None

ADJOURN
Mayor Lewis adjourned the meeting at 7:31 pm.
________________________
Anthony Suber, City Clerk

Town of Atherton City Council Special Meeting – March 5, 2025

SPECIAL MEETING - STUDY SESSION
Mayor Lewis called the meeting to order at 4:00 p.m.

ROLL CALL –
City Council: Hawkins-Manuelian, Widmer, DeGolia, Vice Mayor Holland, Mayor Lewis – Present
Audit and Finance: Hill, Sleeth, Patil, Scolnick, Walker

PUBLIC COMMENTS - NONE
ACTION ITEMS – NONE

STUDY SESSION

1. FY 2025/26 BUDGET KICK-OFF AND OVERVIEW
Finance Director Barron and City Manager Rodericks presented the FY2025/26 budget overview to the Council.

Barron provided an overview of the fiscal year 2024/25 year-end projected fiscal condition, an overview of the Town’s major revenue sources and 5-year forecasts, and major expenditures categories. Barron and Rodericks also provided an overview of the budget process, led the Council through policy discussions, and highlighted the fiscal year 25/26 budget calendar.

Public Comment:
- Bob Polito
This item was informational only and will return to Council for further discussion and adoption as part of the Towns annual budget review and adoption process.

2. PROVIDE FEEDBACK AND DIRECTION REGARDING CONSTRUCTION REGULATIONS – UTILITY SERVICES REQUIRED FOR DEVELOPMENT

PROJECTS

MINUTES
Town of Atherton
Joint Study Session City Council & Audit
and Finance Committee
MARCH 5, 2025
SPECIAL MEETING – STUDY SESSOIN

Town of Atherton City Council Special Meeting – March 5, 2025

Public Works Director Ovadia presented the item to review and discuss limitations on installing transformers for primary power lines. Representatives from the local development community was present to discuss challenges on specific projects and a representative from Public Comments:
- Pacifica Peninsula Group Representatives, Rex Finato and Jude Kirik Bill Chiang, PG&E Local Government Representative commented on the item and challenges faced by the Town and Developers.

Council discussed the various challenges faced by residents and the business community and instructed staff to work with the local business community and PG&E to identify potential solutions.

COUNCIL REPORTS/COMMENTS – NONE

ADJOURN
Mayor Lewis adjourned the meeting at 5:36 pm.
________________________
Anthony Suber, City Clerk

Item No. 3
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: BRITTANY BENDIX, TOWN PLANNER
DATE: MARCH 19, 2025
SUBJECT: 2024 GENERAL PLAN IMPLEMENTATION AND HOUSING ELEMENT

ANNUAL PROGRESS REPORT

RECOMMENDATION
Review and accept the 2024 Annual Progress Report (APR) and authorize its transmittal to the California Governor’s Office of Planning and Research (OPR) and the Californian Department of Housing and Community Development (HCD) via Council update, pursuant to Section 65400 of the California Government Code.

BACKGROUND
The State of California Government Code 65400 et seq requires jurisdictions to prepare an annual progress report (APR) for review by its local legislative body, the California Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD). Each report must describe the following:
▪ The status of the local general plan and progress in its implementation. ▪ The progress in meeting its share of regional housing needs. ▪ The degree to which the local general plan complies with the adopted OPR guidelines. ▪ The date of the last revision to the local general plan California Government Code Section 65400(a)(2)B states that “The housing element portion of the annual report … shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development …” The tables provided in Attachment 1 reflect the required formatting delivered to the State each year and reflect the progress made in meeting Atherton’s share of regional housing needs. The following list identifies the tables required for the APR:

Table A: Housing Development Applications Submitted
Table A2: Annual Building Activity Report Summary (New Construction, Entitled, Permits and Completed Units)

Housing Element Annual Progress Report Update
March 19, 2025

Table B: Regional Housing Needs Allocation (RHNA) & Extremely Low-Income Need Progress – Permitted Units Issued by Affordability Table C: Sites Identified or Rezoned to Accommodate Shortfall Table D: Program Implementation Status
Table E: Commercial Density Bonus Approved
Table F: Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites Table F2: Units Converted to Moderate Income
Table G: Locally Owned Housing Element Sites
Table H: Locally Owned Surplus Land
Table J: Student Housing that Received Density Bonus
Table K: Tenant Preference Policies
For the purpose of reporting to the City Council, staff has included the tables that are relevant to the Town’s housing programs at Attachment 1. This includes Tables A, A2, B, and D. The remaining tables are not currently applicable to the Town. Please note that the programs listed in Table D correspond to the current Housing Element, including the most recent revisions approved by the City Council on February 19, 2025.

ANALYSIS
Status of the Atherton General Plan and Progress in its Implementation The Land Use, Circulation, Open Space and Conservation, Noise, and Community Safety Elements of the Atherton General Plan were updated between 2017 and 2020 and adopted by the City Council on January 15, 2020. The Housing Element is the only element required to be reviewed and certified by HCD. On January 31, 2023, the Town adopted and self-certified its 6th Cycle Housing Element for 2023 to 2031. However, to achieve state-certification, the Town continues to work towards updating the adopted 6th Cycle Housing Element. Most recently, the City Council approved revisions to the Housing Element at their meeting on February 19, 2025.

These revisions were submitted to the HCD for review on March 6, 2025.

Progress in meeting Atherton’s Share of Regional Housing Needs California Government Code (CGC) Section 65400(a)(2)B states that “The housing element portion of the annual report … shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development …” The tables provided in Attachment 1 describe the progress made in meeting Atherton’s share of regional housing needs.

Table A lists planning permit applications for single family dwellings and accessory dwelling units that were filed in 2024. The table identifies sites by Assessor’s Parcel Number (APN), street address, a project name categorized in the Department’s permit tracking system, and a permit number. The details provided for each application include the type of housing unit developed, such as an ADU or single-family dwelling (SFD), the anticipated tenure of the unit (renter or owner occupied), the date of application submittal, and the anticipated affordability of the unit. The current status of each submittal is also provided, indicating if the application is still pending review, approved, or disapproved. The state also requests that the Town report on the use of any permit streamlining processes (i.e. an urban lot split pursuant to Senate Bill 9) or the use of the state’s Density Bonus program.

As indicated in Table A, the Planning Department reviewed twenty-three (23) applications for single-family dwellings and sixty-two (62) ADU applications in 2024. Additionally, for twentyPage 92 of 148 Housing Element Annual Progress Report Update
March 19, 2025

four (24) of the ADU applications the Town also had the opportunity to collect applicant-reported rental information through a voluntary survey. This data indicates that during 2024 the Planning Department received applications for twenty (20) ADUs affordable to households at very low- and low-income level opportunities, and five (5) ADUs at moderate-income levels. The remaining ADUs and single-family homes are categorized as above-moderate income. Staff will continue to request rental data from applicants as these projects move forward with and final their construction activities.

The information provided in Table A2 focuses on permit activity that occurred during 2024 and tracks applications for ADUs and single-family homes that are already “entitled” (approved) by the Planning Department through permit issuance and final inspection or occupancy by the Building Department. If any step during this process occurred during 2024, the Town must report it in the APR. As a result, the table includes data that is not tallied in the summary row, because it was not relevant to 2024. For example, 76 Belleau Avenue received approval by the Planning Department and was issued a Building Permit for an ADU in 2023, it then received its Certificate of Occupancy in 2024. Therefore, the statistics of that unit are only counted in the “Certificates of Occupancy” section of the table and ignored in the “Completed Entitlement” and “Building Permit” sections.

Similar to Table A, Table A2 requires any known information relative to unit affordability that may or may not be deed-restricted. Table A2 also requests information relating to permitstreamlining, participation in financial assistance programs, specifics of affordability requirements in deed-restrictions, demolition of existing units and participation in the state’s Density Bonus program. The formatting for Table A2 results in a very broad table that is not reader friendly in print form. To make it more legible staff has spliced the table into two parts. Table A2 – Parts 1 and 2 both include the Project Identifier information and Unit Types as a reference point. Part 1 also includes the affordability information, broken up by project status – completed entitlement, building permits, and certificate of occupancy. Part 2 includes additional details beyond the project status.

Table B provides an overview of the Town’s progress in meeting its Regional Housing Needs Allocation Progress. The number of units reflected for 2024 are pulled from the building permit issued data in Table A2 (sections 7, 8 and 9) and only counts permits issued in 2024. As shown in Table B, the Town added an additional 46 units towards its allocation during 2024. Thirteen of these units will be provided at rents affordable to extremely low-income households, as reported by applicants. Throughout the remaining cycle, the Town must provide an additional 237 units, at varying income levels, by 2031. To achieve this requirement the Town is relying on a combination of housing programs.

Table D summarizes last year’s progress on the adopted Housing Element implementation programs, many of these programs are structured to meet the remaining RHNA objectives. In 2024 the Town achieved substantial progress with its Housing Element goals through the adoption of revisions required by the state and the adoption of development standards for multifamily housing.

Additionally, the Town completed robust public outreach relative to its ADU program.

Degree to which the Atherton General Plan complies with the Adopted OPR Guidelines OPR adopted General Plan Guidelines in 2003 for use by local jurisdictions in the preparation of their general plans. The Guidelines were updated in 2017. The Guidelines are permissive, not

Housing Element Annual Progress Report Update
March 19, 2025

mandatory and are quite extensive. According to staff analysis, the 2019 Atherton General Plan complies with the adopted OPR Guidelines.

Date of the Last Revision to the Atherton General Plan
The last revision to all elements except the Housing Element of the Atherton General Plan was adopted by the City Council on January 15, 2020. The 2014-2022 Housing Element was adopted on March 18, 2015. The 2023-2031 Housing Element was first adopted by the Council on January 31, 2023. Subsequent updates were adopted by the City Council on October 16, 2024 and February 19, 2025. The most recently revised 2023-2031 Housing is currently under review by HCD.

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 on the Town’s website. Information about the project is also disseminated a legal advertisement of the agenda in Almanac newspaper.

ATTACHMENTS

1. Housing Element Annual Progress Report Data table

Item No. 4
Town of Atherton
CITY COUNCIL STAFF REPORT – PUBLIC HEARINGS
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: BRITTANY BENDIX, TOWN PLANNER
DATE: MARCH 19, 2025
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND

THE ATHERTON MUNICIPAL CODE TO RESPOND TO COMMENTS

FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT (HCD) ON THE 2023-2031 HOUSING
ELEMENT AND ZONING CODE UPDATES.

RECOMMENDATION:

It is recommended that the City Council approve for second reading an ordinance that revises the Atherton Municipal Code to comply with the requirements of the Department of Housing and Community Development (HCD).

BACKGROUND
At its February 19, 2025, meeting the City Council discussed revisions to the Atherton Municipal Code and the Town’s 2023-2031 Housing Element that could address comments received by the California Department of Housing and Community Development (HCD) on December 30, 2024 (Attachment 1). To address HCD’s comments, the Council adopted revisions to the housing element and introduced, with first reading, the corresponding amendments to the Atherton Municipal Code.

On Thursday, March 6, 2025, the Town submitted its revised 2023-2031 Housing Element to HCD for review. The remaining action required by the Town to comply with HCD’s comments is to adopt the related amendments to the Atherton Municipal Code (AMC).

DISCUSSION
There is only one proposed modification to the AMC. In its December 30, 2024, comment letter HCD requested additional clarification that the RM-20/40 standards do not require discretionary action. Upon further discussion between staff and HCD, to address this item the term "ministerial approval" is proposed to be explicitly written into Section 17.36.030 of the Atherton Municipal Code. The proposed change is provided in Attachment 2. For comparison, a link to the Zoning Code changes, adopted on October 16, 2024, are included in Attachment 3.

Housing Element and Zoning Code Updates
March 19, 2025

Any additional materials related to the Housing Element update process are maintained on the Town’s website at: https://www.ci.atherton.ca.us/627/Housing-Element-Update FINDINGS:

The proposed zoning text amendments are consistent with the General Plan goals, policies, and implementation programs. The proposed Zoning Ordinance amendments allow the Town to be compliant with state housing element law related. Amendments proposed address the following General Plan Goal, Objectives, and Policy:

Housing Element Goal 3.730 Facilitate the development of faculty housing on school campuses to meet a portion of the moderate and very lowincome housing need identified for Atherton.

Housing Element Objective 3.731 Encourage the construction of 96 new faculty housing units at private and public schools in the moderate to very low-income categories in Atherton from 2023-2031.

Housing Element Policy 3.732 Encourage and incentivize schools in Atherton to provide affordable faculty, staff and student housing on and or near their campuses.

ENVIRONMENTAL CONSIDERATIONS
An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the Housing Element and Zoning Code Updates project and adopted on by the City Council on October 16, 2024. The changes described to the Atherton Municipal Code described in this report and provided in Attachment 2 are consistent with the scope of the IS/MND and do not result in any environmental impacts or changes to the adopted Mitigation Monitoring and Reporting Program (MMRP). The IS/MND, MMRP and supporting technical studies are available on the Town’s Housing Element website: https://www.ci.atherton.ca.us/627/Housing-Element-Update

STAFF RECOMMENDATION
Staff recommends that City Council consider the information included in this report and adopt an ordinance amending Atherton Municipal Code 17.36.030. The ordinance is included as Attachment

4. 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. Legal advertisement of this hearing was published in The Almanac newspaper and mailed to owners and occupants within the Town and within 500 feet of the Town’s boundaries, 20 days prior to the hearing date.

ATTACHMENTS

1. HCD Comment Letter dated December 30, 2024

2. Municipal Code Text Amendments

3. Adopted Zoning Code Amendments (Oct. 16, 2024)

4. Draft Ordinance Adopting Amendments to Atherton Municipal Code Section 17.36.030

ATTACHMENT 2

ATHERON MUNICIPAL CODE

PROPOSED AMENDMENTS
JANUARY 29, 2025
Text in Red reflects changing to existing (Black) text.

Chapter 17.36 PUBLIC FACILITIES AND SCHOOLS DISTRICT
(PFS)

17.36.030 Allowed Uses and Permit Requirements
Table 17.36.030-1 (Allowed Uses and Permit Requirements for PFS District) identifies the allowed uses in the PFS district subject to the development standards of this chapter and all other provisions of this title. Allowed use provisions are symbolized in the table as follows:

P =Land use permitted by right
CUP=Land use permitted with approval of a conditional use permit Table 17.36.030-1. Allowed Uses and Permit Requirements for PFS District Zoning District Land Use PFS
Public library P
Public school P
Town corporation yard P
Town hall and associated
community uses P
Accessory dwelling unit in
conjunction with multifamily
residential uses
P
Emergency shelters P4
Multiple-family residential uses P5
Single room occupancy P5
Churches and places of worship CUP
Convents CUP
Country clubs CUP
Residential associated with
primary nonresidential use of
property on same site1
CUP

Atherton Municipal Code – Proposed Amendments – January 2025

Private schools CUP2,3
Public utilities and facilities,
uses, and structures
CUP
Transportation terminal facilities CUP
Notes:
1 Examples include dorms or teacher housing associated with school site, convent when associated with religious institutions, etc. and not located on sites with a multifamily overlay.
2 Where a master plan for a private school has been prepared and filed with the town for public record, any application for a conditional use permit shall be compared to the master plan for consistency with that document. All building and/or faculty changes, improvements, or new construction shall require a conditional use permit. To that end, all conditional use permit applications shall include the following:
a. Maps and diagrams showing the proposal in relation to the master plan layout; b. History of student and faculty growth and projections of future growth, including an analysis of that growth’s consistency with the master plan projections; c. A traffic and parking analysis of the proposal and comparison to the master plan projections;
d. A circulation plan showing how the traffic and pedestrian circulation will function upon implementation of the proposals; and
e. Other information that might be required for specific proposals, such as noise analyses, lighting plans, landscape screening plans, heritage tree locations, and other similar information.
3 In addition to other conditions of approval, the planning commission shall require the following items where relevant:
a. Identification of the approved uses and hours of operation; and b. Clustering of high intensity or noise-intense structures and uses (such as gymnasiums, theaters, athletic facilities) away from neighboring residential uses, where possible.
4 Emergency shelters shall be permitted only when located within the Town Civic Center property and pursuant to Section 17.36.060; defined as Lots 1, 2, 24, 25 and 26, Watlinton Park RSM (Resubdivision Maps) 5/8.

Atherton Municipal Code – Proposed Amendments – January 2025

5 Shall only be permitted by-right (i.e., as a staff-level decision and ministerial review, without discretionary review) on sites with a Multifamily Overlay District (RM-20/40) designation. Subject to compliance with objective design standards in section 17.36.070 (Multifamily Overlay District RM-20/40).

Attachment 4
DRAFT ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON TO AMEND SECTION 17.36.030 OF THE ATHERTON MUNCIPAL CODE TO IMPLEMENT THE 2023- 2031 HOUSING ELEMENT AND ZONING CODE UPDATES PROJECT
WHEREAS, the Town of Atherton has been diligently working on an updated Housing Element for the 2023-2031 cycle to identify and address the Town's housing needs; and WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.); and
WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.); and WHEREAS, the Legislature adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the Town of Atherton (Town) regional housing need allocation (RHNA) of 348 housing units, comprised of 94 very-low income units, 54 low-income units, 56 moderate- income units, and 144 above moderate-income units; and
WHEREAS, on January 31, 2023, the City Council of the Town of Atherton approved Resolution 2023–2 adopting an updated Housing Element for the 2023-2031 cycle, which did not constitute a project pursuant to the California Environmental Quality Act (CEQA) and submitted the Housing Element to the State Department of Housing and Community Development for review and certification; and
WHEREAS, on April 4, 2023, the State Department of Housing and Community Development sent a letter to the Town of Atherton indicating that while the adopted housing element addresses many statutory requirements, additional revisions are necessary to substantially comply with State Housing Element Law (Article 10.6 of the California Government Code); and

Ordinance ______ Page 2 of 6 Date
WHEREAS, the Town of Atherton has continued diligently to address those comments and adopt any related amendments to the Atherton Municipal Code beyond the statutory deadline of January 31, 2023, while also continuing to work on the rezoning amendments to facilitate housing sites as identified in the adopted Housing Element; and WHEREAS, on July 24, 2024, the Planning Commission of the Town of Atherton held a duly noticed public hearing to review the 2023-2031 Housing Element and Zoning Code Update project and an Initial Study/Mitigated Negative Declaration (SCH# 2024050574) to consider public comment and voted to continue the project for further discussion; and WHEREAS, on August 28, 2024, the Planning Commission of the Town of Atherton held a second public hearing to review the 2023-2031 Housing Element and Zoning Code Update project and an Initial Study/Mitigated Negative Declaration (SCH# 2024050574) to consider public comment and voted to recommend adoption; and
WHEREAS, on September 18, 2024, the City Council of the Town of Atherton held a duly noticed public hearing to review the 2023-2031 Housing Element and Zoning Code Update project and an Initial Study/Mitigated Negative Declaration (SCH# 2024050574) to consider public comment and voted to continue the project for further discussion; and WHEREAS, on October 16, 2024, the City Council of the Town of Atherton held a duly noticed public hearing to review the 2023-2031 Housing Element and Zoning Code Update project and an Initial Study/Mitigated Negative Declaration (SCH# 2024050574) to consider public comment and voted to recommend adoption; and
WHEREAS, on October 16, 2024, the City Council of the Town of Atherton approved Ordinance 669 to amend Title 17 of the Atherton Municipal Code to implement the adopted revisions to the 2023-2031 Housing Element; and
WHEREAS, on December 30, 2024, the State Department of Housing and Community Development sent a letter to the Town of Atherton indicating that additional revisions are necessary to substantially comply with State Housing Element Law (Article 10.6 of the California Government Code); and
WHEREAS, on January 29, 2025, the Planning Commission of the Town of Atherton held a duly noticed public hearing to review further revisions to the 2023-2031 Housing Element and the Atherton Municipal Code to comply with State Housing Element Law, considered public comment and voted to adopt a resolution recommending that the City Council approve revisions recommended by staff; and
WHEREAS, on February 19, 2025, the City Council of the Town of Atherton held a duly noticed public hearing to introduce and review revisions to Atherton Municipal Code Section

17.36.030 and the 2023-2031 Housing Element, considered public comment, voted to adopt a resolution approved the Housing Element revisions, directed staff to submit the Housing Element to the State Department of Housing and Community Development for review and certification, and voted to continue the proposed ordinance revising the Atherton Municipal Code for a second

Ordinance ______ Page 3 of 6 Date
reading on March 19, 2025; and
WHEREAS, on March 19, 2025, the City Council of the Town of Atherton held a duly noticed public hearing for a second reading of the revisions to Atherton Municipal Code Section

17.36.030, and considered public comment; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the revisions to Atherton Municipal Code Section 17.36.030 based on the findings, supported by substantial evidence in the record, that:

The City Council of the Town of Atherton does hereby ordain as follows:

SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.

SECTION 2. FINDINGS. In accordance with all requirements Atherton Municipal Code Section

17.18.040, the City Council hereby finds that the proposed Zoning Code are consistent with the goals, policies, and implementation of the Atherton General Plan.

SECTION 3. COMPLIANCE WITH CEQA. The proposed Zoning Code amendments will not have a significant effect on the environment and that revisions are consistent with an Initial Study/Mitigated Negative Declaration that was prepared and adopted for the Housing Element and Zoning Code Updates project.

SECTION 4. ADOPTION OF ZONING CODE AMENDMENTS. The City Council of the Town of Atherton hereby amends Section 17.36.030 of the Atherton Municipal Code as follows:

17.36.030 Allowed Uses and Permit Requirements
Table 17.36.030-1 (Allowed Uses and Permit Requirements for PFS District) identifies the allowed uses in the PFS district subject to the development standards of this chapter and all other provisions of this title. Allowed use provisions are symbolized in the table as follows:

P =Land use permitted by right
CUP=Land use permitted with approval of a conditional use permit Table 17.36.030-1. Allowed Uses and Permit Requirements for PFS District Zoning District
Land Use
PFS
Public library P
Public school P
Town corporation yard P

Ordinance ______ Page 4 of 6 Date
Town hall and
associated community
uses
P
Accessory dwelling unit
in conjunction with
multifamily residential
uses
P
Emergency shelters P
4 Multiple-family
residential uses
P
5 Single room occupancy P
5 Churches and places of
worship
CUP
Convents CUP
Country clubs CUP
Residential associated
with primary
nonresidential use of
property on same site1
CUP
Private schools CUP2,3
Public utilities and
facilities, uses, and
structures
CUP
Transportation terminal
facilities
CUP
Notes:
1 Examples include dorms or teacher housing associated with school site, convent when associated with religious institutions, etc. and not located on sites with a multifamily overlay. 2 Where a master plan for a private school has been prepared and filed with the town for public record, any application for a conditional use permit shall be compared to the master plan for consistency with that document. All building and/or faculty changes, improvements, or new

Ordinance ______ Page 5 of 6 Date
construction shall require a conditional use permit. To that end, all conditional use permit applications shall include the following:
a. Maps and diagrams showing the proposal in relation to the master plan layout; b. History of student and faculty growth and projections of future growth, including an analysis of that growth’s consistency with the master plan projections; c. A traffic and parking analysis of the proposal and comparison to the master plan projections;
d. A circulation plan showing how the traffic and pedestrian circulation will function upon implementation of the proposals; and
e. Other information that might be required for specific proposals, such as noise analyses, lighting plans, landscape screening plans, heritage tree locations, and other similar information.
3 In addition to other conditions of approval, the planning commission shall require the following items where relevant:
a. Identification of the approved uses and hours of operation; and b. Clustering of high intensity or noise-intense structures and uses (such as gymnasiums, theaters, athletic facilities) away from neighboring residential uses, where possible. 4 Emergency shelters shall be permitted only when located within the Town Civic Center property and pursuant to Section 17.36.060; defined as Lots 1, 2, 24, 25 and 26, Watlinton Park RSM (Resubdivision Maps) 5/8.
5 Shall only be permitted by-right (i.e., as a staff-level decision and ministerial review, without discretionary review) on sites with a Multifamily Overlay District (RM-20/40) designation.

Subject to compliance with objective design standards in section 17.36.070 (Multifamily Overlay District RM-20/40).

SECTION 5. SEVERABILITY. If any section, subsection, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.

SECTION 6. EFFECTIVE DATE. This ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.

Introduced on the 19th day of February 2025.

Passed and adopted as an ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the 19th day of March 2025 by the following vote:

AYES:

NOES:

Ordinance ______ Page 6 of 6 Date
ABSTAIN:

ABSENT:
__________________________________
Mayor Elizabeth Lewis
ATTEST:
__________________________________
Anthony Suber, City Clerk/Deputy City Manager

Item No. 5
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
THROUGH: ROBERT OVADIA/ PUBLIC WORKS DIRECTOR
FROM: BEN TALAVERA, MANAGEMENT ANALYST
DATE: MARCH 19, 2025
SUBJECT: DISCUSSION AND DIRECTION REGARDING ATHERTON ARTS

FOUNDATION PROPOSAL FOR MAIN HOUSE

RECOMMENDATION
It is recommended that the Council provide feedback and guidance to staff on the Atherton Arts Foundation's Proposal for Upstairs Main House Art and proposed revisions to the Park Use (facility rental) Agreement to include provisions related to the artwork in the Main House.

BACKGROUND
The Atherton Arts Foundation (AAF) is a designated group recognized by the City Council. The Foundation has displayed artwork upstairs in the Main House. The art displays were placed and maintained by AAF without any formal agreement. Town staff recently installed gallery art hanging systems upstairs in the Main House to facilitate art installations and displays. Recent renters in the Main House have removed art from the walls and/or leaned items against the artwork causing potential damage.

At the February 05, 2025, Park & Recreation Committee meeting, the Atherton Arts Foundation (AAF) presented a proposal to install and display artwork upstairs in the Main House (rental areas), as outlined in the attached proposal (Attachment 1). The proposal from the Atherton Arts Foundation aims to:
• Enhance the look and feel of the rental space
• Improve the wall displays throughout the upstairs area • Create engaging conversation topics for viewers
• Highlight aspects of the Town’s history
• Showcase the creativity of Town and local community artists through mini shows The AAF proposal formally authorizes the Atherton Arts Foundation to continue displaying artwork in the Main House, while also enabling the Town to oversee the displayed works.

AAF Main House Art Proposal
MARCH 19, 2025

Additionally, the proposal aims to protect the artwork by including artist statements to clearly identify the pieces as art and to safeguard the artwork through amendments to the Town’s Park Use (facility rental) Agreement.

During the Park & Recreation Committee meeting, the AAF mentioned that pieces with historical relevance to the Town would be given priority and approved art will be displayed in a permanent format. The AAF would retain ownership of all the artwork they collect and contribute, while the artwork donated specifically to the Town will be noted and remain property of the Town of Atherton. The Town may reject any piece of artwork deemed inappropriate. The Atherton Arts Foundation will facilitate the installation of additional artwork so as to minimize impact to Town staff.

The AAF also proposes to invite artists to show their work through “mini art shows”, hosted by the AAF, that would take in the Main House and be open to the community. The AAF will notify the Town and reserve the space in advance of the intended dates of the show. Town events, activities, and space rental shall have priority use.

During the Committee meeting, the Committee members reviewed and discussed the proposal.

Throughout the discussion, several points were raised, including:
• The duration of the proposed art display
• The process for reviewing and selecting the artwork
• The design and placement of artist statements next to relevant pieces • The types of art prioritized for display
• Ownership of all artwork displayed
• The details of mini-shows, including frequency, process, and coordination with Town staff to organize such events
• Changes to the Town’s current Park Use Agreement
The Atherton Arts Foundation brought the proposal to their Board. The Board members have voted on and approved the proposal.

The Park & Recreation Committee recommended that the proposal from the Atherton Art Foundation be forwarded to the City Council for approval.

ANALYSIS
The Atherton Arts Foundation is a designated group recognized by the City Council, and has displayed art in the upstairs area of the Main House without a formal agreement. A formal agreement allowing for the permanent display is recommended by staff to better outline responsibilities. Art should be hung using the art gallery system, or other means that do not damage walls, similar to how art is displayed at the Town Center. As the displays are intended to be permanent, modification of the Park Use (facility rental) Agreement is recommended to make renters aware of the artwork and outline parameters to respect the artwork during their use of facilities.

AAF Main House Art Proposal
MARCH 19, 2025

As a Designated Group, fees are not charged for facility use, however groups are obligated to pay any direct Town costs associated with their events. All event organizers are required to complete event applications stating the details of the proposed events for review by the City Manager and events must meet insurance requirements as determined by the City Manager and the Town’s Risk Liability Insurance Carrier. Provided that the mini-shows meet the requirements as outlined in the Designated Group Policy and do not interfere with paid rentals and Town use and needs, staff has no objection to the hosing of “mini-shows”.

FISCAL IMPACT
None at this time.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area B – Preserve Small Town Character and Quality of Life • Goal Area E – Strengthen Community Engagement and Transparency • Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The policy focus for this item is regarding Council direction on the Atherton Art Foundation Proposal for Upstairs Main House Art and updating the Town’s existing Park Use Agreement.

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
Park and Recreation Committee (meets each month)

ATTACHMENTS
Attachment 1 – Atherton Art Foundation (AAF) Proposal for Upstairs Main House Art Attachment 2 – Park Use Agreement Proposed Permanent Artwork at Main House Attachment 3 – Proposed Permanent Artwork at Main House Attachment 4 – Designated Groups Policy

Item No. 6
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: MARCH 19, 2025
SUBJECT: REVIEW AND DIRECTION REGARDING CHAPTER 6.04 –

ANIMAL CONTROL

RECOMMENDATION
It is recommended that the Council review and discuss the regulations governing Animal Control in Chapter 6.04 of the Atherton Municipal Code and provide direction regarding modifications.

BACKGROUND
In February 2025 the Council accepted 2nd Reading and Adoption of amendments to Chapter 6.04 of the Atherton Municipal Code specifically relating to chickens. These amendments were made to restore the Code to its prior version as it related to the keeping of chickens. Upon adoption, the Council directed that staff return the Ordinance for discussion by the Council to address questions raised related to the number of chickens permitted based on lot size.

Since the ordinance specifies requirements for enclosures as it relates to land use setbacks and other regulatory permitting, revisions to the Ordinance are appropriately reviewed first by the Planning Commission followed by a recommendation to the City Council.

However, the Council may initiate that process by providing specific direction to staff to proceed with Planning Commission review and incorporate Council concerns into that directive.

ANALYSIS
Currently, Section 6.04.045 provides the following with respect to the number of chickens per lot size:

Lot Size No. of Chickens Permitted # of Parcels
Less than 20,000 square feet None 408
20,001 to 40,000 square feet Up to 3 416
40,001 to 80,000 square feet Up to 10 1,624
80,000+ square feet Up to 20 chickens 162

Review of Chapter 6.04 – Animal Control
MARCH 19, 2025

The number of chickens allowed based on parcel size was the only suggested discussion point from the February 19, 2025 meeting.

The Ordinance was modified to address chickens in 2016. The process involved numerous meetings with an Ad Hoc Subcommittee of the Planning Commission and staff to work on the proposed regulations. The proposed revisions were then reviewed by the Planning Commission over multiple public meetings. At the time, chickens were prohibited on parcels less than 80,000 square feet. Based on resident input at several meetings and research of other community regulations, the Commission recommended that the Council consider the following with respect to number of chickens:

Lot Size No. of Chickens Permitted # of Parcels
Less than 21,780 square feet None 408
21,781 to 43,560 square feet Up to 5 416
43,561 to 87,120 square feet Up to 10 1,624
87,120+ square feet Up to 20 chickens 162
During the City Council Public Hearing process and based on resident input and Council discussion, the Council rounded down the square footages and reduced the number of chickens allowed at the lower end from five to three. The result was the regulation framework that was readopted by the Council in February.

If the Council has suggestions for modification of the information above; or recommendations for modifications elsewhere in the Ordinance that feedback should be provided to staff. Staff will then initiate a process of review by the Planning Commission considering the feedback received from the Council.

FISCAL IMPACT
None at this time. There will be staff time and resources necessary to process any changes recommended by the Council beyond what was adopted in February. Modifications to the Ordinance will require review by the Planning Commission via the Public Hearing process. Since this is a townwide regulation, noticing provisions will require townwide publication.

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

POLICY FOCUS
Council discussion should focus on potential revisions to the Ordinance as it relates to the keeping of chickens.

Review of Chapter 6.04 – Animal Control
MARCH 19, 2025

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. Minutes Excerpt – February 17, 2016

2. Minutes Excerpt – March 16, 2016

Item No. 7
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: MARCH 19, 2025
SUBJECT: REVIEW AND DISCUSS POLICY ISSUES RELATED TO

EMERGENCY PREPAREDNESS

RECOMMENDATION
It is recommended that the Council review and discuss policy issues related to emergency preparedness.

BACKGROUND
At the February 19 City Council meeting a member of the Council provided a Council Report on issues related to emergency preparedness. The Report include a report out on various meetings and trainings related to fire response, fire prevention, home hardening, emergency response systems, and new regulations. The Report recommended that the Council discuss issues related to:
• Educating the public on emergency preparedness, fire safety, and fire prevention • Examining the Town’s role and relationship with ADAPT and CERT Following the Report, the Council suggested that the item be returned to Council for discussion.

However, the Council did not specifically articulate any specific issues for discussion or research by staff in advance.

ANALYSIS
Absent specific direction by the Council, below is an attempt to create a few policy level discussion questions for the Council’s consideration along with some generalized information around the Town’s emergency management training and programs.

1. The Council should discuss and provide direction and feedback to staff with respect to specific engagement with the Fire District on the priorities and requirements of the Fire Hazard Severity Zones as they relate to Atherton. Public engagement and education would flow from any specific direction from the Council.

Emergency Preparedness Policy Discussions
MARCH 19, 2025

Current Status: Recent Cal Fire decisions have determined that the Town is not in a High Fire Hazard Severity Zone. Nevertheless, the Fire District is drafting recommendations for best practices that will be shared with the Town and community. Some of these best practice recommendations may be incorporated as requirements at the discretion of the Town. On March 13 a Community Forum was hosted by the Town, the Fire District and ADAPT to educate the community about best practices, recent fire experience (LA Fires), and general emergency preparedness.

2. The Council should discuss and provide direction and feedback to staff with respect to updates to the Heritage Tree Ordinance to address overlaps related to tree canopy and pyro phobic vegetation.

Current Status: Updates to the Heritage Tree Ordinance are on the planning schedule for this year with the Planning Commission. Part of those updates will include discussion related to eucalyptus trees, redwood trees, appeals, and other minor updates. Meetings of the Commission are public and updates to the Ordinance will be promulgated via a Public Hearing process.

3. The Council should discuss and provide direction and feedback to staff with respect to the level of support for ADAPT and/or CERT and direct staff with respect to any police level changes.

Current Status: CERT (Community Emergency Response Teams) is a program managed by the Fire District. The CERT Program trains community members in basic disaster response skills such as small fire suppression, light search and rescue and disaster medical operations.

The Town and Fire District engage CERT volunteers when needed in the event of a disaster response. ADAPT (Atherton Disaster and Preparedness Team) is an all-volunteer group of residents that partner with the Town to educate, communicate with, and aid fellow residents in preparing for major emergencies and natural disasters. ADAPT’s focus is on personal preparedness versus CERT’s focus on emergency response. The Town recognizes ADAPT as a “designated group” and co-sponsors trainings, events, and local activities and programs in support of disaster preparedness education. ADAPT is an evolution of the State’s Get Ready! Program. In addition to staff time and resources, the Town budgets approximately $10,000 per year in support of emergency preparedness programs promulgated mostly via ADAPT – disaster bins for assembly points, neighborhood radios, ham radio support, emergency supply trailers, and training meetings.

Staff Training
Town staff are required to attend training courses hosted by FEMA at varying levels. Over the years, these have evolved from Standardized Emergency Management Systems (SEMS) training by the State to National Incident Management Systems (NIMS) courses via FEMA and the Department of Homeland Security and Center for Domestic Preparedness. At a basic level, staff receive training on:
• IS-700 NIMS, An Introduction – An introduction to the NIMS concept using a consistent nationwide template to enable all government, private-sector, and nongovernmental organizations to work together during domestic incidents. Page 146 of 148 Emergency Preparedness Policy Discussions
MARCH 19, 2025

• ICS-100 Introduction to the Incident Command System – Foundation for higher level training on the Incident Command System. The course describes the history, features and principles, and organizational structure of the system. The course describes the relationship between ICS and NIMS.

It is recommended that Councilmembers attend the IS-700 and ICS-100 as well.

As staff take on responsibility within the Town’s Emergency Operations Center at the various levels of authority within each of the five (5) sections, staff receive more specific training.

Courses include:
• ICS 200 – Basic Incident Command and Response
• IS 701 – Interstate Mutual Aid
• IS 2200 – Basic EOC Functions
• IS 800 – National Response Framework
• ICS 300 – ICS for Expanding Incidents
• ICS 400 – Advanced ICS
• E/L 950 – All-Hazards Positions – Incident Command
• E/L 952 – All-Hazards Positions – Public Information Officer • E/L 954 – All-Hazards Positions – Public Safety Officer • E/L 958 – All-Hazards Positions – Operations Section Chief • E/L 962 – All-Hazards Positions – Planning Section Chief • E/L 967 – All-Hazards Positions – Logistics Section Chief • E/L 973 – All-Hazards Positions – Finance Section Chief In addition, a number of staff, to include the City Manager, have been trained directly by FEMA and/or the Department of Homeland Security and their Center for Domestic Preparedness on emergency response. Courses have included Biological Incident Awareness, Threat Assessment, All-Hazards Threat Response, Emergency Medical Response Awareness for CBRNE Incidents, Mass Casualty Incident Response, Medical Surge, HazMat Response Planning and Management, and Hands-On Training for CBRNE incidents.

The Town maintains an Emergency Operations Plan and an Emergency Response Handbook that address local emergency response protocols based on an All-Hazards Response methodology. The Handbook and Operations Plan integrates Fire, CERT and ADAPT along with other governmental and non-governmental groups in response. EOC Training is conducted annually to ensure that staff are aware of their role within the EOC upon deployment.

Staff is present to answer questions that may arise. As noted, since the request for policy review was specific, the above is provided as a general summary. However, should the Council wish to have more in depth discussion of any of the areas, staff can prepare a more detailed report and analysis.

FISCAL IMPACT

Emergency Preparedness Policy Discussions
MARCH 19, 2025

None

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area G – Emergency Preparedness – Be Prepared

POLICY FOCUS
Policy discussion should focus on the three (3) highlighted areas for discussion.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.

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

ATTACHMENTS
None.