Meeting
AGENDA
Town of Atherton
City Council
September 20, 2023
REGULAR MEETING 
6:00 PM
Council Chambers
80 Fair Oaks Lane
Atherton, CA 94027
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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
  • Proclamation for Recovery Happens Month 
  • Proclamation for Suicide Prevention Month 
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.

Link to September 2023 Departmental Monthly Reports

 
REPORT OUT OF CLOSED SESSION
CONSENT AGENDA (Items 1 – 9)
 
1.
APPROVAL OF BILLS AND CLAIMS FOR JULY 2023 IN THE AMOUNT OF $3,169,593 AND AUGUST 2023 IN THE AMOUNT OF $1,800,461
Report: ROBERT BARRON III, FINANCE DIRECTOR 
Recommendation: Approve the Bills and Claims for July 2023 in the amount of $3,169,593 and August 2023 in the amount of $1,800,461.
Description: This is a routine item of the itemized bills and claims for Council review and approval. 

 
2.
APPROVAL OF MINUTES
Report: ANTHONY SUBER, CITY CLERK 
RecommendationApprove minutes for April 20, July 19,  August 10, August 30, September 6, and  September 12City Council meetings.  
 
Description: This is a routine item to approve prior City Council meeting minutes. 

 
3.
ACCEPTANCE OF TREASURER’S REPORT FOR THE THIRD QUARTER ENDED MARCH 31, 2023 
Report: ROBERT BARRON III, FINANCE DIRECTOR 
RecommendationAccept the Treasurer’s Report for the Third Quarter Ended March 31, 2023.
Description: This will be a Council review and discussion of the Treasurer’s Report which provides an update on the cash and investment position of the Town of Atherton.

 
4.
ACCEPTANCE OF TREASURER’S REPORT FOR THE FOURTH QUATER ENDED JUNE 30, 2023. 
Report: ROBERT BARRON III, FINANCE DIRECTOR 
RecommendationAccept the Treasurer’s Report for the Fourth Quarter Ended June 30, 2023.
Description: This will be a Council review and discussion of the Treasurer’s Report which provides an update on the cash and investment position of the Town of Atherton.

 
5.
ADOPT A RESOLUTION DESIGNATING A VOTING DELEGATE AND UP TO TWO ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, SEPTEMBER 20 - 22, 2023.
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
Recommendation: Adopt Resolution 23-XX designating a voting delegate and up to two alternatives to the League of California Cities Annual Conference, September 20 – 22, 2023.

Description: This is an annual item for the City Council to select a voting delegate and alternate to represent the Town at the annual League of California Cities meeting. 

 
6.
CONSIDERATION OF AMENDMENTS TO THE COMMITTEE AND COMMISSION RESOLUTION DISSOLVING THE RAIL COMMITTEE 
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
Recommendation: Consider modifications to Town Committees and Commissions governing Resolution dissolving the Rail Committee as a formal Brown Act Committee and redesignating it as a resident lead committee. 

Description: This item will involve a Council discussion to amend the Committees and Commissions resolution dissolving the Rail Committee. 

 
7.
APPROVE A TASK ORDER WITH INTERWEST CONSULTING GROUP FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF THE HOLBROOK-PALMER PARK PLAYGROUND IMPROVEMENTS PROJECT
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council approve a task order with Interwest Consulting Group, Inc. in the amount of $180,000 for design and construction management services related to the improvement of the playground at Holbrook-Palmer Park.
Description: This will be a Council action item to approve a task order for the design and construction management of the Holbrook-Palmer Park playground improvements project. 

 

 
8.
THIRD AMENDMENT TO THE AGREEMENT FOR TENNIS FACILITY MANAGEMENT SERVICES BETWEEN THE TOWN AND PLAYER CAPITAL TENNIS
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council approve a third amendment to the Tennis Facility Management Services Agreement with Player Capital for three (3) years with extensions for up to two additional (1) year terms upon written agreement of both parties; and authorize the City Attorney to prepare and the City Manager to execute the amendment.
Description: This will be a Council action to approve an amendment to the agreement for managing the tennis facilities at Holbrook-Palmer Park by Player Capital Tennis. 
 

 
9.
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH DOUGLAS KIM + ASSOCIATES FOR PROJECT MANAGEMENT SERVICES ASSOCIATED WITH THE EL CAMINO REAL COMPLETE STREETS GAP CLOSURE PROJECT, SELBY LANES BIKE LANE PROJECT AND EL CAMINO REAL DRAINAGE IMPROVEMENTS
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council approve a professional services agreement with Douglas Kim + Associates in the amount of $105,000 for project management services for the El Camino Real Complete Streets Gap Closure project, Selby Lanes Bike Lanes project, and El Camino Real Drainage Improvements project; Authorize the City Attorney to prepare the agreement; and Authorize the City Manager to sign the agreement.
Description: This is an action item to approve an agreement with Douglas Kim + Associates for Project Management services related to the El Camino Real Complete Streets Gap Closure Project, Selby Lanes Bike Lane Project, and El Camino Real Drainage Improvements. 

 
PUBLIC HEARING (Items 10 – 10)
 
10.
WAIVE THE FIRST READING AND INTRODUCE BY TITLE ONLY, AN ORDINANCE ADDING SECTION 12.06.030-D AND CHAPTER 12.10 TO THE ATHERTON MUNICIPAL CODE 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 AND ANDREAS BOOHER, ASSISTANT CITY ATTORNEY
RecommendationIt is recommended that the Council waive the first reading and introduce by title only, 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 owners of adjacent sidewalks and public right-of-way, as defined therein. 
Description: This is the 1st reading and introduction of an Ordinance to add section 12.06.030-D and Chapter 12.10 to the Atherton Municipal Code clarifying the maintenance responsibilities and liabilities of property owners adjacent to public rights of way. 

 
REGULAR AGENDA (Items 11 – 14)
 
11.
RESPONSE TO GRAND JURY REPORT: “BIKE SAFETY IN SAN MATEO COUNTY: MAKING BICYCLING SAFER IN THE COUNTY”
Report: STEVE D. MCCULLEY, CHIEF OF POLICE
Recommendation: Consider the attached response letter to the San Mateo Grand Jury on their report entitled “Bike Safety in San Mateo County: Making Bicycling Safer in the County” and, if appropriate, authorize the Mayor to sign the response letter.

Description: This is a routine Grand Jury Respons that requires Council review and approval. 

 
12.
REVIEW AND RECOMMEND POTENTIAL MULTI-FAMILY HOUSING SITES AND LAND USE STRATEGIES TO INCLUDE IN THE PROJECT DESCRIPTION FOR THE ENVIRONMENTAL REVIEW OF THE 6TH CYCLE HOUSING ELEMENT
Report: BRITTANY BENDIX, TOWN PLANNER AND HOUSING ELEMENT PROJECT MANAGER, M-GROUP
RecommendationStaff recommends that the City Council review and recommend potential multi-family housing sites and land use strategies to include in the 6th Cycle Housing Element and comply with State law. Recommended sites and strategies will then be included in the project description, which is a necessary step in commencing environmental review pursuant to the California Environmental Quality Act (CEQA).
 
Description: This item will be to review potential multi-family housing sites and land use strategies to include in the project description for the environmental review of the 6th cycle housing element. 
 

 
13.
CITY COUNCIL FEEDBACK AND DIRECTION REGARDING AFFORDABLE HOUSING FEASIBILITY STUDY; ENGAGING OF MARKETING FIRM TO ASSIST WITH HOUSING ELEMENT; AND ENGAGING OF A LOBBYIST FIRM TO ASSIST WITH HOUSING ELEMENT
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: Review and provide direction to staff regarding engaging various consultants in support of the Town’s 6th Cycle Housing Element.
Description: This item is discussion and direction regarding the engagement of additional consultant teams to assist the Town with its 6th Cycle Housing Element. 

 
14.
PICKLEBALL PILOT AT HOLBROOK-PALMER PARK
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council review and provide direction regarding the proposed implementation of a pickleball pilot at Holbrook-Palmer Park 
Description: This item is a Council discussion to review and provide direction regarding the proposed implementation of a pickleball pilot at Holbrook-Palmer Park 

 
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 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.