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
Recognition of Rail Committee Members for Service to the Town:
Greg Conlon
John Maulbetsch
Jim Janz
Alex Keh
Jack Ringham
Jim Massey
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 SEPTEMBER 2023 IN THE AMOUNT OF $1,887,973 Report:ROBERT BARRON III, FINANCE DIRECTOR Recommendation: Approve the Bills and Claims for September 2023 in the amount of $1,887,973 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 City Council meetings on September 20th and October 4, 2023. Description: This is a routine item to approve prior meeting minutes.
APPROVAL OF A BUDGET AMENDMENT FOR LOBBYIST SERVICES AND PUBLIC EDUCATION ASSISTANCE Report: GEORGE RODERICKS, CITY MANAGER Recommendation: It is recommended that the Council adopted the attached Resolution authorizing a budget amendment in the amount of $13,500 for Lobbyist Services for the remainder of FY 2023/24 and $25,000 for public education assistance related to the Housing Element. Description: This item is approval of a budget amendment for previously approved contract service delivery.
ACCEPTANCE OF WORK AND AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE TOWN CENTER PROJECT Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council accept work and authorize recording of a Notice of Completion for the Town Center Project, Project Number 54015. Description: This item closes out the Town Center Project with final acceptance of work.
WAIVE THE SECOND READING BY SUBSTITUTION OF TITLE AND ADOPT AN ORDINANCE ADDING SECTION 12.06.030-D AND CHAPTER 12.10 TO THE ATHERTON MUNICIPAL CODE CLARIFYING CLARIFYING MAINTENANCE RESPONSIBILITIES OF OWNERS OF PROPERTY ADJACENT TO PUBLIC RIGHTS OF WAY AND IMPOSING LIABILITY ON OWNERS OF PROPERTY ADJACENT TO PUBLIC SIDEWALKS FOR INJURIES SUFFERED ON PUBLIC SIDEWALKS, AS DEFINED Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council waive the second reading by substitution of title and adopt an Ordinance adding Section 12.06.030-D and Chapter 12.10 to the Atherton Municipal Code ("AMC") to clarify the maintenance responsibilities of property owner's of adjacent sidewalks and public right-of-way, as defined therein. Description: This item is adoption of an ordinance regarding sidewalks and rights-of-way in Town. The ordinance was previously introduced at the September 2023 Council Meeting via Public Hearing.
ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE 2022 OVERLAY PROJECT, PROJECT NUMBER 56100 Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council accept work and authorize recording of a Notice of Completion for the 2022 Overlay Project, Number 56100. Description: This item closes out the Town’s street maintenance overlay projects for 2022 with final acceptance of work.
BUDGET AMENDMENT FOR A PICKLEBALL PILOT AT HOLBROOK-PALMER PARK Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council appropriate funds in the amount of $52,600 for purchase of materials and equipment for a pickleball pilot at Holbrook-Palmer Park and authorize staff to enter into agreements for the purchase and installation of associated materials and equipment. Description: This item involves appproval of a budget amendment to allocate funding for the Pickleball Pilot at the Park.
CONSIDERATION OF APPLICANTS FOR APPOINTMENT TO THE ENVIRONMENTAL PROGRAMS COMMITTEE Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK Recommendation: Review the applicants for the Environment Programs Committee and make appointments to fill vacancies for terms expiring on June 30, 2027, and June 30, 2025. Description: This is an action item for Council to consider appointments to the Town Environmental Programs Committee.
DISCUSSION AND DIRECTION REGARDING THE 2024 EARTH DAY EVENT Report: RACHAEL LONDER, MANAGEMENT ANALYST II Recommendation: Discuss and provide direction on whether the 2023 Earth Day Event shall be held in partnership with neighboring jurisdictions and community-based organizations. Description: This is an item to determine the type of Earth Day celebration the Town will host in 2024.
REVIEW OF THE SIDEWALK REPAIR PROGRAM AND APPROVAL OF A BUDGET AMENDMENT Report: TIM AU, ASSOCIATE ENGINEER Recommendation: It is recommended that the Council appropriate a budget of $182,000 to implement the program in FY 2023-24. Description: This item is a review of the Sidewalk Inspection and Repair Program and approval of a budget amendment for the program. The Council will also discuss policy direction related to full panel replacement and cost allocation.
MEETING PROTOCOLS, HATE SPEECH AND REMOTE PUBLIC COMMENT DURING CITY COUNCIL, COMMISSION AND COMMITTEE MEETINGS AND PROVIDE FEEDBACK Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK Recommendation: Discuss the recent occurrence of hate speech through remote public comment during the September 20, 2023, City Council meeting, review current meeting protocols and provide feedback to the City Manager regarding remote public comment procedures. Description: This item involves a discussion of public meeting protocols.
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.
