AGENDA PACKET
Town of Atherton
City Council
AUGUST 10, 2023
SPECIAL MEETING
2:45 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.
SPECIAL MEETING
Remote Participation
Rick DeGolia
673 Limerick Lane
Healdsburg, CA 94027
ROLL CALL – Holland, DeGolia, Lewis, Vice Mayor HawkinsManuelian, Mayor Widmer PUBLIC COMMENT – Public Comments can be emailed directly to [email protected]
As a Special Meeting, Public Comment is limited to items that are on the Agenda. Speakers’ time is limited to three minutes. Speakers may also speak when the item comes up on the Agenda during the meeting.
SPECIAL MEETING ITEMS
1. CLAIM REJECTION FOR ALL DAMAGES – Minor K.C. By and Through his GAL Myischa Thompson (CLAIM NO. 4A230521TQH0001
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
Recommendation: It is recommended that the Council deny this claim and direct staff to issue a Notice of Rejection.
Description: This will be a Council discussion and action item to decide to reject a tort claim filed against the Town.
COUNCIL REPORTS/COMMENTS
Meeting Agenda Packet – August 10, 2023
the meeting.
SPECIAL MEETING ITEMS
1. CLAIM REJECTION FOR ALL DAMAGES – Minor K.C. By and Through his GAL Myischa Thompson (CLAIM NO. 4A230521TQH0001
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
Recommendation: It is recommended that the Council deny this claim and direct staff to issue a Notice of Rejection.
Description: This will be a Council discussion and action item to decide to reject a tort claim filed against the Town.
COUNCIL REPORTS/COMMENTS
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) 7520500. 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, recodifies 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 inperson) 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 Meeting Agenda Packet – August 10, 2023
Teleconference Rules Available January 1, 2023
A legislative body may hold a “hybrid” (partial teleconference, partial inperson) 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 inperson 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.
Meeting Agenda Packet – August 10, 2023
Item No. 1
Town of Atherton
CITY COUNCIL STAFF REPORT – ACTION ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
DATE: AUGUST 10, 2023
SUBJECT: CLAIM REJECTION FOR ALL DAMAGES – Minor K.C. By and Through his GAL Myischa Thompson (CLAIM NO. 4A230521TQH0001
RECOMMENDATION
It is recommended that the Council deny this claim and direct staff to issue a Notice of Rejection.
BACKGROUND | ANALYSIS
The Town received a claim (Attachment 1) that includes Attachment A, a document prepared by the claimant Counsel that contains a description of the incident and damages. The claimant alleges that as a result of the incident on April 28, 2023, at or near Menlo-Atherton High School at approximately 3:21 p.m. they sustained injuries from a physical confrontation with employees of the Town of Atherton. Attachment A includes a description of the claims with alleged offenses and a description of injury or damages resulting from the April 28th incident. Sedgwick, the Town’s Risk Advisor and the Town’s legal representatives recommend the Town reject this claim. The recommended next steps are that the Town issue a Notice of Rejection to the government tort claim and monitor this matter for any response.
FISCAL IMPACT
None at this time. The rejection of a claim does not cause an immediate financial impact.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned
Claim Rejection
AUGUST 10, 2023
5 6
8 PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 24 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.
ATTACHMENTS
1. Claim Form