Remote Public Comments:
Meeting participants are encouraged to submit public comments before the meeting. The following email will be monitored during the meeting and public comments will be documented for the record. Email:[email protected]
This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL – Holland, DeGolia, Lewis, Vice Mayor Hawkins-Manuelian, Mayor Widmer
PRESENTATIONS
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. Speakers’ time is limited to three minutes. Additionally, the public may address the Council on any subject listed on the Consent and Regular Agenda.
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.
APPROVAL OF BILLS AND CLAIMS FOR MAY 2023 IN THE AMOUNT OF $1,470,060 Report: ROBERT BARRON III, FINANCE DIRECTOR Recommendation: Approve the Bills and Claims for May 2023 in the amount of $1,470,060. Description: This is a routine item of the itemized bills and claims for Council review and approval.
APPROVAL OF MINUTES Report: ANTHONY SUBER, CITY CLERK Recommendation: Approve minutes for May 10, May 17, and June 7, 2023, City Council Meetings. Description: This is a routine item to approve the minutes from prior City Council meetings.
SECOND READING AND ADOPTION OF AN ORDINANCE REPLACING ATHERTON MUNICIPAL CODE CHAPTER 2.04 RELATED TO MEETING LOCATIONS FOR THE CITY COUNCIL Report: GEORGE RODERICKS, CITY MANAGER Recommendation: It is recommended that the Council accept for second reading and adopt an ordinance replacing Atherton Municipal Code Chapter 2.04 related to meeting locations for the City Council. Description: This item involves the introduction of an Ordinance for 2nd Reading and adoption to update the City Council’s meeting location
RATIFY AGE-FRIENDLY COMMUNITIES CITY COUNCIL STANDING COMMITTEE Report: GEORGE RODERICKS, CITY MANAGER Recommendation: It is recommended that the Council ratify the Mayor’s selection of Vice Mayor Diana Hawkins-Manuelian and Council Member Lewis as a Standing Committee to assist with the Town’s Age-Friendly Communities Application process. Description: This item involves ratification of a Mayor-selected Limited Term Standing Committee of the Council to work with the County and CAFE on Age Friendly solutions for Atherton.
ADOPT RESOLUTION 23-XX UPDATING THE PURCHASING LIMITS AS REQUIRED BY ATHERTON MUNICIPAL CODE CHAPTER 3.16 Report: GEORGE RODERICKS, CITY MANAGER Recommendation: It is recommended that the Council approve the attached Resolution revising purchasing policy amount limits as required in Chapter 3.16 of the Atherton Municipal Code. Description: This item updates the purchasing authority limits for the City Manager.
ADOPT A RESOLUTION APPROVING A PROJECT LIST FOR THE ROAD MAINTENANCE AND REHABILITATION ACT OF 2017 (SB1) Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council adopt a Resolution approving a project list for the Road Maintenance and Rehabilitation Act of 2017 (SB1) for fiscal year 2023-24. Description: This item involves adoption of a Resolution stating the Town’s compliance with SB1 for Road Maintenance Projects.
AWARD OF CONTRACT FOR THE HOLBROOK-PALMER PARK ACCESS AND CIRCULATION PROJECT, PROJECT NUMBER 56083 Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council award the construction contract for the Holbrook-Palmer Park Access and Circulation Project, project number 56083, to the lowest responsive bidder, Suarez & Muñoz of Hayward for $1,325,797; authorize a task order with Wildan Engineering for construction management and inspection services in an amount not-to exceed $155,952; authorize construction contract change orders up to $130,000; appropriate funds from the Capital Improvement Fund for the project and associated contracts; direct the City Attorney to prepare the construction contract; and authorize the City Manager to execute the contract on behalf of the Town. Description: This item is approval of a contract for improvements in Holbrook-Palmer Park.
APPROVAL FOR ACCEPTANCE OF A $195,000 ANONYMOUS DONATION FOR A MUTLI-POLICE AGENCY ONE YEAR FULL TIME POLICE WELLNESS PROGRAM COORDINATOR Report: Steve D. McCulley, Chief of Police Recommendation: Approve and accept the $195,000 anonymous donation for a one-year full time police wellness program coordinator to be shared by the Atherton, East Palo Alto, and Menlo Park Police Departments, and authorize the City Manager to execute a collaborative agreement for the program. Description: This item involves City Council approval and acceptance of the $195,000 anonymous donation for a one-year full time police wellness program coordinator to be shared by the Atherton, East Palo Alto, and Menlo Park Police Departments, and authorize the City Manager to execute a collaborative agreement for the program.
MCE CORPORATION PUBLIC WORKS MAINTENANCE AND MAINTENANCE MANAGEMENT SERVICES CONTRACT EXTENSION Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council authorize a 3-year contract extension with MCE Corporation for the continuation of Public Works Maintenance and Maintenance Management Services with not-to-exceed amount of $633,000 for Fiscal Year 2023-24; direct the City Attorney to prepare the extension; and authorize the City Manager to execute the extension on behalf of the Town. Description: This item involves a renewal of the MCE Contract for the provision of public works field services for the Town.
BUILDING AND LIFE SAFETY SERVICES CONTRACT AMENDMENT WITH INTERWEST CONSULTING GROUP Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council direct the City Attorney to prepare and authorize the City Manager to execute an amendment to extend the Building and Life Safety Services Contract with Interwest Consulting Group on a month-to-month basis pending the adoption of the Town’s new permit fee schedule. Description: This item involves a short extension to the contract with Interwest for the provision of Building & Life Safety Services until the Town’s Fee Resolution is considered.
INTRODUCTION BY TITLE ONLY AND WAIVE FIRST READING OF ORDINANCE NO. ______, AMENDING SECTION 8.20.140 OF THE ATHERTON MUNICIPAL CODE TO PROVIDE FOR RECOVERY OF REASONABLE ATTORNEYS' FEES TO PREVAILING PARTIES OF ACTIONS AND PROCEEDINGS BROUGHT BY THE TOWN OF ATHERTON TO ABATE PUBLIC NUISANCES Report: MONA EBRAHIMI, CITY ATTORNEY Recommendation: It is recommended that the Town Council introduce by title only and waive the first reading of Ordinance No. ____, amending Section 8.20.140 of the Atherton Municipal Code, to provide for recovery of reasonable attorneys' fees to the prevailing parties of actions and proceedings brought by the Town of Atherton to abate public nuisances. Description: This item is introduction of an Ordiannce that would provide for recovery of reasonable attorneys’ fees to the prevailing party for nusiance abatement.
ADOPT THE ATTACHED RESOLUTIONS ADOPTING THE FY 2023/24 OPERATIONS AND CAPITAL BUDGET, SALARY & BENEFIT RESOLUTION FOR UNREPRESENTED STAFF, MEMORANDUM OF UNDERSTANDING FOR THE ATHERTON POLICE OFFICERS ASSOCIATION; 2023/24 SALARY AND CLASSIFICATION SCHEDULE, GANN LIMIT APPROPRIATIONS, AND ARPA FUNDING
Report:Recommendation: Adopt the accompanying Resolutions (adoption of all Resolutions may be done by one motion):
1. Resolution of the City Council of the Town of Atherton Adopting the Fiscal Year 2023-2024 Operating and Capital Improvement Program Budget; 2. Resolution of the City Council of the Town of Atherton Adopting Salaries and Benefits for Unrepresented Staff; 3. Resolution of the City Council of the Town of Atherton Approving Fiscal Year 2023-2024 Salary Schedules and Classifications; 4. Resolution of the City Council of the Town of Atherton Establishing the Appropriations Limit for Fiscal Year 2023-2024 Pursuant to Article XIII B of the California Constitution; 5. Resolution of the City Council of the Town of Atherton ratifying the Memorandum of Understanding between the Town and the Atherton Police Officers Association for the period commencing July 1, 2023 through June 30, 2027; 6. Resolution of the City Council of the Town of Atherton regarding the receipt and use of Coronavirus State and Local Fiscal Recovery Funds from the American Rescue Plan Act of 2021. Description: This item involves a presentation by staff to adopt the proposed Operating and Capital Improvement budget for Fiscal Year 2023/2024, the salary and benefits for unrepresented staff, Salary and Classification Schedules. Council will discuss and provide feedback on the proposed operations and CIP budget, revenues, expenditures, capital projects, salary and benefits. There is a recommendation to the Council to adopt resolutions for FY 2023/2024 Operation and Capital Budget, FY 2023/2024 Salaries and Benefit Schedules, FY 2023/2024 Gann Limit Appropriations, Atherton APOA (Police Officers Association) MOU and ARPA Funds Resolution.
CONSIDERATION OF AND APPOINTMENTS TO VARIOUS TOWN COMMITTEES AND PLANNING COMMISSION Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK Recommendation: 1. Review the applicants for the Town Committees and Planning Commission and make appointments to fill vacant positions. Appoint one (1) applicant to the Audit and Finance Committee to fill 4-Year terms expiring on June 30, 2027;Appoint three (3) applicants to the Bicycle and Pedestrian Committee to fill a mid-term vacancy expiring on June 30, 2026, and two (2) 4-Year terms expiring on June 30, 2027;Appoint three (3) applicants to the Environmental Programs Committee. Two (2) applicants to fill 4-Year terms expiring on June 30, 2027; and one to fill a mid-term vacancy expiring on June 30, 2025;Appoint two (2) applicants to the Parks and Recreation Committee. Two applicants to the regular seat for a 4-Year term expiring on June 30, 2027, and one applicant to the Foundation seat for a 2-Year term expiring on June 30, 2025; Appoint two (2) applicants to the Planning Commission to fill 4-Year terms expiring on June 30, 2027;Appoint two (2) applicants to the Rail Committee to fill 4-Year terms expiring on June 30, 2027;Appoint two (3) applicants to the Transportation Committee to fill a 4-Year term expiring on June 30, 2027, a mid-term vacancy expiring June 30, 2024, and a mid-term vacancy expiring on June 30, 2026. 2. Consider modifications to the Transportation, Bicycle and Pedestrian and Rail Committees. Description: This item involves appointments to various Town Committees and the Planning Commission. The Council will also discuss the status of and possibly make changes to the Transportation Committee, Bicycle and Pedestrian Committee, and Rail Committee.
KNOX PLAYSCHOOL LEASE AMENDMENT TO EXTEND THE LEASE AND ADJUSTMENT TO THE CURRENT LEASE RATE Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council consider an amendment to the current lease with Knox Playschools, Inc., extending the lease and consideration of an adjustment to the payable rent amount for the September 1, 2023, through August 31, 2024, term, with two one-year renewal options. Description: This item involves a possible extension of the lease agreement with Knox Playschools, Inc.
PROVIDE FEEDBACK AND DIRECTION REGARDING THE CONCEPTUAL DESIGN OF THE WATKINS AVENUE PEDESTRIAN IMPROVEMENTS Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council review the conceptual design options for the Watkins Avenue Pedestrian Improvements project and provide feedback and direction to staff. Description: This item involves feedback from the Council on the Watkins Avenue sidewalk remediation project.
PROVIDE DIRECTION ON OR ADOPT THE 2023 CLIMATE ACTION PLAN UPDATE Report: RACHAEL LONDER, MANAGEMENT ANALYST II Recommendation: It is recommended that the Council Provide Direction on or Adopt the 2023 Climate Action Plan Update Description: Staff will present the 2023 Climate Action Plan Update setting new greenhouse gas emissions reduction target for the Town and the community. Council will discuss and either adopt the plan or make recommendations.
CITY MANAGER PERFORMANCE EVALUATION AND APPROVAL OF AMENDMENT TO CITY MANAGER EMPLOYMENT CONTRACT Report: MONA EBRAHIMI, CITY ATTORNEY Recommendation: Review the staff report and consider adoption of the attached amendment to the employment agreement between the Town of Atherton and George Rodericks. Description: Approval of the 10th Amendment to the City Manager’s Agreement to reflect a 4% CPI Adjustment and a $15,000 bonus.
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) 752-0500. 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)
AB 2449 & AB 361:
AB 2449 reiterates standard Brown Act teleconference rules, re-codifies the rules set out in AB 361 for times of declared emergency, and also provides for relaxed teleconferencing rules when a member of the legislative body needs to attend remotely for an emergency, or other reasons supported by “just cause.” Teleconference Rules Available January 1, 2023
A legislative body may hold a “hybrid” (partial teleconference, partial in-person) meeting without having to comply with certain procedural requirements (post agendas at teleconference locations, identify teleconference locations in the agenda, make all teleconference locations open to the public) in the following limited circumstances:
One or more members of the legislative body (but less than a quorum) have “just cause” for not attending the meeting in person (childcare or family caregiving need, contagious illness, physical or mental disability need, or travel while on official public business); or
One or more members of the legislative body (but less than a quorum) experience an “emergency circumstance” (a physical or family medical emergency that prevents in-person attendance).
The legislative body will continue to have the option to meet via teleconference by following traditional Brown Act rules of identifying, posting, and opening up their teleconference locations.
