AGENDA
Town of Atherton
City Council November 16,2022
REGULAR MEETING
6:00 PM. This meeting is being held virtually and in-person
Council Chambers
80 Fair Oaks Lane
Atherton, CA 94027
This meeting is being held via teleconference pursuant to Government Code section 54953(e)(1)(B) and in compliance with the Brown Act. Section 54953(e)(1)(B) permits the Town to hold a meeting during a proclaimed state of emergency via teleconference in order to determine whether as a result of the emergency meeting in person would present an imminent risk to attendees' health or safety. The meeting will be held by tele or video conferencing. The public may participate via: Zoom Meeting.
For a live meeting broadcast you can watch the Council meeting on: Comcast Subscribers Channel 29 or via Midpen Media website here: https://midpenmedia.org/local-tv/watch-now/
Join Zoom Meeting:
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Remote Public Comments:
Meeting participants are encouraged to submit public comments in writing before the meeting. The following email will be monitored during the meeting and public comments will be documented for the record.
This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
6:00 P.M. REGULAR MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL – Polito, Hawkins-Manuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia
PUBLIC COMMENTS – Public Comments can be teleconferenced or emailed directly to the City Clerk, Anthony Suber at [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. Each speaker may address the Council once for a limit of three minutes.)
PRESENTATIONS
Introduction of Rachael Londer, Management Analyst II
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 various issues noted in the written Reports. The Council may ask questions and discuss any of the various items.
BILLS AND CLAIMS REPORT FOR OCTOBER 2022 Report: ROBERT BARRON II, FINANCE DIRECTOR Recommendation: Staff recommends a review of the monthly report. Description: This is a routine report to review the bills and claims from October 2022.
APPROVAL OF MINUTES FROM OCTOBER 19 AND NOVEMBER 2, 2022. Report: ANTHONY SUBER, CITY CLERK Recommendation: Approve minutes for October 19, 2022 and November 2, 2022. Description: This is a routine item to approve meeting minutes from the City Council.
SECOND READING AND ADOPTION AN ORDINANCE TO AMEND CHAPTER 15.19 OF THE ATHERTON MUNICIPAL CODE BY ADOPTING THE 2022 CALIFORNIA GREEN BUILDING CODE AND AN EV CHARGING AND ALL ELECTRIFICATION REACH CODES, WITH EXCEPTIONS Report: MIKE GREENLEE, CHIEF BUILDING OFFICIAL Recommendation: Adopt the ordinance amending Chapter 15.19 of the Atherton Municipal Code by adopting the 2022 California Green Building Code and an EV Charging and All Electrification Reach Codes with exceptions. Direct the Building Official to file the amendments with State of California as required by law. Description: This is the second and final reading of the ordinance for adoption, it will go into effect after 30 days.
SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND TITLE 15 OF THE ATHERTON MUNICIPAL CODE ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, RETAINING EXISTING MODIFICATIONS. Report: MIKE GREENLEE, CHIEF BUILDING OFFICIAL Recommendation: Adopt the ordinance amending Title 15 of the Atherton Municipal Code and direct the Building Official to file the amendments with State of California as required by law. Description: This is the second reading and adoption of an Ordiance to amend the Town's Municipal Code related to Building Codes and Fire Codes by reference.
CONSIDERATION OF RESOLUTION RATIFYING PROCLAMATION OF A STATE OF EMERGENCY IN THE TOWN AND AUTHORIZING TELECONFERENCE MEETINGS OF TOWN LEGISLATIVE BODIES PURSUANT TO THE BROWN ACT GOVERNMENT CODE SECTION 54953(E) Report: GEORGE RODERICKS, CITY MANAGER Recommendation: It is recommended that the Town Council adopt the attached Resolution No. 22-XX, finding a proclamation of the state of emergency to apply within the Town, conditions of which pose an imminent threat to the health and safety to attendees of in-person public meetings, and authorizing teleconference meetings of Town legislative bodies pursuant to Government Code section 54953(e).
Description: The City Council will certify that the COVID-19 Emergency protocols are still required and the emergency continues.
ACCEPTANCE OF TREASURER’S REPORT FOR THE FIRST QUARTER ENDED SEPTEMBER 30, 2022 Report: ROBERT BARRON III, FINANCE DIRECTOR Recommendation: Accept the Treasurer’s Report for the fourth Quarter Ended September 30, 2022.
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.
ACCEPTANCE OF WORK AND AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE HOLBROOK-PALMER TENNIS COURT OVERLAY PROJECT (COURTS 1 AND 2) Report: SALLY BENTZ-DALTON, TOWN ARBORIST/PARKS MANAGER Recommendation: It is recommended that the Council accept the work and authorize recording of a Notice of Completion for the Holbrook-Palmer Park Tennis Court Overlay (Courts 1 and 2) Project, Project Number 56108.
Description: This item is a review of the Tennis Court project that was completed.
APPROVAL OF A PREVENTATIVE MAINTENANCE AND SERVICES SUPPORT AGREEMENT FOR THE TOWN CENTER BUILDING MANAGEMENT SYSTEM; DIRECT THE CITY ATTORNEY TO PREPARE THE AGREEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council approve an agreement with Syserco, Inc. for preventative maintenance and support services the Town Center Complex Building Management System; direct the City Attorney to prepare the agreement; and authorize the City Manager to execute the agreement on behalf of the Town. Description: This item is for Council consideration to approve for a maintenance and services agreement to support Town facilities.
APPROVAL OF A MAINTENANCE AND SUPPORT SERVICES AGREEMENT FOR THE TOWN CENTER SECURITY SYSTEMS; DIRECT THE CITY ATTORNEY TO PREPARE THE AGREEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR Recommendation: It is recommended that the Council approve an agreement with Commercial Controls, Inc. for system support and preventative maintenance the Town Center Complex security system; direct the City Attorney to prepare the agreement; and authorize the City Manager to execute the agreement on behalf of the Town. Description: This item will be a discussion and consideration for approval for maintenance and services support for Town facilities.
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING CHAPTER 8.16 (NOISE CONTROL) OF THE ATHERTON MUNICIPAL CODE. Report: STEVEN D. MCCULLEY, POLICE CHIEF Recommendation: Consider amendments to the Town’s Noise Control Ordinance, Chapter 8.16 and direct staff to return the Ordinance for Public Hearing and Introduction at the December 21 Council Meeting. Description: This item will be a Council discussion to consider amending the Town’s Municipal Code Ordinance related to Noise.
RECOMMENDATION FROM THE TOWN’S AUDIT AND FINANCE COMMITTEE TO BEGIN PAYING THE RETIREE OPEB HEALTH BENEFITS FROM THE TOWN’S PARS TRUST ACCOUNT Report: ROBERT BARRON III, FINANCE DIRECTOR Recommendation: Approve recommendation from the Town’s Audit and Finance committee to begin paying the retiree OPEB health benefits from the Town’s PARS Trust account. Description: This item will be a Council discussion to review and approve a recommendation from the Town’s Audit and Finance committee to begin paying the retiree OPEB health benefits from the Town’s PARS Trust account.
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 City Council 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)
TELECONFERENCING AND COVID-19 NOTICE:
The Council is required (1) to post notice and agendas as otherwise provided by the Brown Act and applicable law, (2) allow members of the public to access the meeting via call-in line or internet-based service line, (3) provide details on the agenda on how to access the meeting and give public comment, (4) provide an opportunity to comment pursuant to Government Code section 54954.3 and allow a reasonable amount of time during public comment for a person to register, login, and comment, and (5) monitor the call-in line and/or internet-based service line to ensure no disruption hinders access or ability to comment, if there is, take no action until public access is restored. The Town is not required to provide a location to attend in-person.
The Governor proclaimed a state of emergency due to the COVID-19 virus pandemic on March 4, 2020. The proclamation remains active and applies statewide. The Council is meeting pursuant to Section 54953(e)(1)(B) to determine if the emergency conditions pose a threat to attendees' health and safety, warranting teleconference meetings. The Council is complying with other public access and participation obligations, as required and to ensure that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business.
