Atherton City Council
October 18, 2023

AGENDA PACKET
Town of Atherton
City Council
OCTOBER 18, 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 Hawkins­Manuelian, Mayor Widmer

PRESENTATIONS
Sharon Koehler Retirement Proclamation
Recognition of Rail Committee Members for Service to the Town:

Greg Conlon
John Maulbetsch
Jim Janz
Alex Key
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.

Meeting Agenda Packet – October 18, 2023

Alex Key
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.

Departmental Monthly Report – September 2023
REPORT OUT OF CLOSED SESSION
CONSENT AGENDA (Items 1 – 7)

1. 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.

2. APPROVAL OF MINUTES
Report: ANTHONY SUBER, CITY CLERK
Recommendation: Approve minutes for City Council meetings on September 20  and October 4, 2023.

Description: This is a routine item to approve prior meeting minutes.

3. 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.

4. 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 NoticeofCompletionfortheTownCenterProjectProjectNumber54015 th
Meeting Agenda Packet – October 18, 2023

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.

4. 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.

5. WAIVE THE SECOND READING BY SUBSTITUTION OF TITLE AND ADOPT AN ORDINANCE ADDING SECTION 12.06.030­D 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 12.06.030­D and Chapter 12.10 to the Atherton Municipal Code ("AMC") to clarify the maintenance responsibilities of property owner's of adjacent sidewalks and public right­of­way, as defined therein.

Description: This item is adoption of an ordinance regarding sidewalks and rights­of­way in Town. The ordinance was previously introduced at the September 2023 Council Meeting via Public Hearing.

6. 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.

7. BUDGET AMENDMENT FOR A PICKLEBALL PILOT AT HOLBROOK­PALMER 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 Holbrook­Palmer 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.

PUBLIC HEARING (Items  – )
REGULAR AGENDA (Items 8 – 11)
Meeting Agenda Packet – October 18, 2023

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 Holbrook­Palmer 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.

PUBLIC HEARING (Items  – )
REGULAR AGENDA (Items 8 – 11)

8. 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.

9. 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 community­based organizations.

Description: This is an item to determine the type of Earth Day celebration the Town will host in 2024.

10. 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 2023­24.

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.

11. 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.

COUNCIL REPORTS/COMMENTS
FUTURE AGENDA ITEMS

ADJOURN
PLEASE NOTE THE FOLLOWING INFORMATION:

Meeting Agenda Packet – October 18, 2023

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provide feedback to the City Manager regarding remote public comment procedures.

Description: This item involves a discussion of public meeting protocols.

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 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 Town to make reasonable arrangements to ensure accessibility to this meeting.  (29 CRF

35.104 ADA Title II)
AB 2449 & AB 361:

AB 2449 reiterated 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 Jan. 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 – October 18, 2023

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 – October 18, 2023

Mayor Widmer ● Vice Mayor Hawkins-Manuelian ● Councilmember DeGolia ● Councilmember Holland ● Councilmember Lewis Town of Atherton
Proclamation

IN RECOGNITION OF ATHERTON POLICE

DISPATCHER/RECORDS ASSISTANT

SHARON KOEHLER
WHEREAS, Sharon Koehler, a veteran Atherton Police Dispatcher with over 34 years of service to 6 agencies in her law enforcement career; and WHEREAS, the City Council of the Town of Atherton, along with the entire community, would like to honor the contributions that Sharon Koehler has made during her public safety career; and
WHEREAS, Sharon’s involvement in the Atherton Police Communications Division as a premier Dispatcher, who also served as an expert on Records releases, trained new Dispatchers, answered thousands of 911 and non-emergency calls while multi-tasking; and
WHEREAS, because of Sharon’s longevity in addition to her areas of public safety expertise made her an invaluable asset to this organization and to the following agencies: Burlingame Police from 1989 – 2023; San Francisco Airport Police from 1991 – 1998; Foster City Police from 1997 – 2017; Palo Alto Animal Control from 1995 – 2005; Millbrae Police from 2001-2005, and Atherton Police from 2013 - 2023; and
WHEREAS, Sharon worked tirelessly over the years to ensure that her hard work and dedication provided a vital link to the public safety services on which we have come to rely every day and for all the sacrifices she made to create a better and safer world for the public and her team; and
NOW, THEREFORE, as Mayor of the Town of Atherton, and on behalf of the Atherton City Council, I hereby commend the outstanding community service performed by Sharon Koehler during her career and wish her well in her next chapter.

IN WITNESS WHEREOF, I have hereunto set my hand
and caused the seal of the Town of Atherton to be affixed this 18th day of October 2023.
____________________________
Bill Widmer, Mayor
Town of Atherton

OCTOBER | 2023
10 MONTHLY REPORTS

DEPARTMENT AND DIVISION

CONSTRUCTION TIME
LIMITS
3 IT PROJECTS &
ISSUES

RESPONSE TIMES
Summary of properties
currently within the
Construction Time Limit
Penalty phase
Police Department
Response Times

DEPARTMENTAL REPORTS

GENERAL ADMIN REPORT
Reports from General Administration, City Clerk's Office, Human Resources, Information Technology, and
Sustainability
Reports from the Finance Department, Key Budget Updates, and Financial Advisories
Reports from the Public Works Department, service requests, capital project updates, and Town field service reports A Division of Public Works, reports on Park maintenance and event activities as well as Park Committee updates

FINANCE REPORT

PUBLIC WORKS REPORT

PARKS DIVISION REPORT
80 FAIR OAKS LANE
ATHERTON, CA 94027
650-752-0504
[email protected]
WWW.CI.ATHERTON.CA.US
Reports from the Building and Planning Departments on
permit and construction activity throughout Town.

COMMUNITY SERVICES REPORT
Reports from the Police Department on crime activity, code enforcement, and traffic

POLICE DEPARTMENT REPORT
03 07
08 15
21 29
28 36

Goal A
Maintain Fiscal
Transparency
focus on a balanced
budget with adequate
reserves; while also
addressing the Town's
long-term liabilities.

City Council Goals
Each year the City Council meets to discuss Short- and Long-Term Goals for the Town. Each Council Report item includes a reference to the specific Goals that the activity supports. The Council established seven (7) Policy-Level Goal Areas for the Town - Goal Areas A through G.

Goal B
Preserve Small
Town Character &
Quality of Life
focus on the local
community priorities
and mitigate the
impacts of regional
growth.

Goal C
Manage
Circulation &
Improve Safety -
Investments in
Infrastructure
leadership to maintain
mobility and improve
accessibility & safety for
bicycles and pedestrians.

Goal D
Strengthen
Community
Engagement &
Transparency
pursue opportunities for
increased engagement
and outreach.

Goal E
Be ForwardThinking, WellManaged, & WellPlanned
be proactive, anticipate
future needs; increase
and maintain fiscal
transparency.

Goal F
Emergency
Preparedness - Be
Prepared
partner with key
stakeholders and
empower residents to
prepare for major
emergencies.

The City Clerk’s Division is a part of the City Manager’s Office and consists of the City Clerk, a Reception/Postal Clerk, and a Management Analyst II. These core personnel provide the support for the Town’s City Clerk, Human Resources, Sustainability, Risk Management, Information Technology, Event Management, and Town Reception/Postal services. The Town utilizes the services and assistance of various consultants in the performance of the Department’s responsibilities.

HR Systems & Activities
The Town has 42 full-time authorized positions. Of that total, 21 are sworn public safety. There are 9 police department staff that are non-sworn. The remaining 12 are local miscellaneous. Public Works continues to recruit for a Maintenance Manager and the Police Department is recruiting to fill the open Code Enforcement Officer position. The Town is currently at 98% staffing with the listed vacancies.

Open Enrollment:

CalPERS Health Open Enrollment closes on October 13, 2023. The next phase in benefits will be an open enrollment for the optional Aflac benefits extended to Town staff.

IT Systems & Activities
The Town’s IT Contractor has onboarded Ben Liu as our full-time onsite support. We will have 4 days of onsite support and 1 day of remote support.

The Town’s IT systems are operating within acceptable limits. Current IT priorities include:
• IT Special Projects:
o Tested Council Chambers Floor boxes for power, working to resolve the issue. o Ran Firmware Updates in Council Chambers for all PTZ Cameras, determined Camera 1 (Front Camera) is not functionally operational will be replaced by the vendor. The target is to get new camera installed before the end of the year. o Assisted with the completion of the Police Department Display Monitor in Police Reception.
o Began the installation of the ADMIN LOBBY Display Monitor (starting with Power, Monitor Purchase, etc.).
o Performed routine system maintenance and updates.

Sustainability Activities
The current sustainability projects and activities are:

City Clerk Monthly Report
September 20, 2023
• Environmental Programs Committee
o There are two candidates for Council consideration on the October agenda. If both are appointed the EPC will be at full capacity for the 1st time in over a year. o The EPC will be meeting on Thursday, November 16th from 1:00 PM to 3:00 PM. o The EPC and staff developed a survey that is now open to get feedback from Atherton residents to inform 2024 Earth Day Planning. The survey can be accessed here: 2024 Love Our Earth Festival Survey (surveymonkey.com)

• Climate Action Plan Update:
o Staff presented a draft 2023 Climate Action Plan Update to the Council during their June 21 Regular Meeting and brought it back at a Special Council Meeting on October 4th. Council provided a few suggested minor revisions. o Atherton residents will soon be able to interact with the Climate Action Plan online.

Staff has finalized a CAP Dashboard that serves as an open data portal that will inspire and direct residents to actions that they can take to achieve a carbon-neutral household. This dashboard will launch in October 2023.
• Waste Reduction:
o The self-service organic compost pile continues to be available Holbrook Palmer Park. Residents and their gardeners are encouraged to bring their own containers and shovels to collect the free compost to apply in Atherton landscapes. The compost is the product of Atherton’s green bin – turning yard waste into a productive material that gives back to the land and captures and stores short-lived climate pollutants. The pile will be regularly restocked by GreenWaste with their highest quality product.

This effort is part of the Town meeting its commitment to procure 552 tons of compost, under the State’s SB 1383 requirement. To have compost delivered directly, please visit: https://www.greenwaste.com/products/bay-area/ o Staff began coordinating with GreenWaste for annual route reviews, a CalRecycle requirement. The route reviews will be conducted by GreenWaste and will only include a small sample of randomly selected residents. GreenWaste is specifically looking for contamination in the green and blue bins. Educational materials will be left in the event contamination is found. The route reviews will start late Fall and continue through the end of the year. More information will be shared once GreenWaste finalizes their schedule and approach.

• Electric Leaf Blower Program:
o Atherton residents can now receive a $250 rebate to help with the purchase of an electric leaf blower. Learn more about the program here:
https://tinyurl.com/ElectricLeafBlowers
City Clerk Activities CURRENT and ON THE HORIZON
There are currently 5 active Public Records Act Requests to which staff are responding. There are currently 3 open General Liability Claims.

Committee and Commissions Recruitment:

City Clerk Monthly Report
September 20, 2023
The City Council will consider appointing two members to the EPC at the October meeting. • Transportation, Bicycle and Pedestrian Safety – 1 vacancy • Environmental Programs – 2 vacancies
Public Information Stats & Analytics

Town staff have been sharing timely information about community events and meetings, programs, and news on social media. Residents, community members, and other public agencies have viewed and interacted with the Town from August 1 – August 31 as follows. Impressions refer to the number of reactions, views, comments, shares, and reposts of Town generated content.

Platform Number of followers Impressions or Accounts
Reached
Twitter 8 new followers, total of 614
followers
1,881 impressions
Instagram 30 new followers, total of 1,208
followers
7,461 impressions
Facebook 7 new followers, total of 549
followers
3,440 impressions
NextDoor 44 new members, total of 4,672
members and 2,246 households
claimed
799 impressions
Town website subscriber group:

Distribution List Subscribers
Atherton Online 1,647
News Flash (CM & PD) 1,616 & 1,607
Alert Center (CM & PD) 1,348 & 1,460
Calendar (Meetings) 1,575
• Website Analytics:
o Oct 6 – Oct 12: 7,500 Users
o Last 7 Days Total Page Views: 4,802
§ BID Posting = 258
§ Staff Directory = 250
§ News Flashes = 173

City Clerk Monthly Report
September 20, 2023
§ Business Licenses = 152
§ 100 Year Centennial Site = 145
o New Users = 1,600
• YouTube Analytics
o 293 Subscribers (11 new in the last 28 days)
o 2,184 views in the last 28 days
o Train History Video – 531 views in the last 28 days
Community Outreach Initiatives
Police Department Activities:
• Halloween Activities: Atherton Police Department had taken the lead in arranging a Halloween event to take place at Town Center on October_. There will be family activities and a costume competition for kids. The Atherton Library and Friends of the Library will contribute to host activities for the whole family. • Holiday celebration activity planning has begun. The Town will plan to host residents for seasonal refreshments, and kid friendly activities in partnership with the Atherton Library and Friends of the Library.

Center for Age-Friendly Excellence – Standing Committee The Committee is preparing its recommendations
to the City Council for projects and initiatives that
were the outcomes of the focus groups. The Task
Force has met and agreed upon several categories
with underlying potential projects.

The Finance Department consists of a Finance Director, Accountant and Junior Accountant. These core personnel provide the bulk of the Town’s accounting and payroll support. The Department utilizes the services of outside auditors, property tax analysts, and investment advisors in support of their efforts.

Fiscal Year 2023/2024 Revenues and Expenditures
Year to Date
Months Complete – 3
% of Year Complete – 25%
Budget Revenue % Received
Park Program $ 207,500 $ 14,292 6.8%
Planning Permits $ 298,300 $ 96,847 32%
Business Licenses $ 283,600 $ 203,422 72%
Police $ 285,690 $ 15,968 6%
Sales Taxes $ 321,100 $ 131,171 41%
Miscellaneous $ 1,534,289 $ 66,675 4%
Public Works $ 635,700 $ 142,182 22%
Franchise Fees $ 1,056,000 $ 68,536 6%
Building Permits $ 1,677,000 $ 511,379 30%
Property Taxes $ 17,426,596 $ 1,303,310 7%
Total $ 23,766,475 $ 2,553,782 10.7%
Budget Expenditures % Received
City Council $ 69,015 $ 10,536 15.2%
Administration $ 1,265,979 $ 376,195 29.7%
City Attorney $ 310,000 $ 40,752 13.1%
Finance $ 866,652 $ 234,017 27%
Planning $ 1,649,819 $ 110,030 6.6%
Building $ 1,361,829 $ 361,330 26.5%
Interdepartmental $ 1,055,542 $ 177,218 16.7%
Police $ 9,285,827 $ 2,903,716 31.2%
Public Works $ 3,385,596 $ 644,886 19%
Total $ 19,250,260 $ 4,858,680 25.2%

The Public Works Department consists of a Public Works Director, Public Works Maintenance Manager Associate Engineer (Vacant), Town Arborist/Parks Manger and Office Specialist. These core personnel are supplemented by various contract service personnel and service vendors that operate on a Task Order basis. These include but are not limited to MCE, West Coast Arborists, Contract Sweeping Services, CalWest Lighting, Tony’s Clean Team, Interwest Group, Willdan Engineering, and BrightView Landscaping.

Field Public Works Services are provided under contract via MCE. MCE provides three (3) personnel to perform general Town maintenance support including, but not limited to, vegetation trimming for sight distance and sign clearance, Park restroom oversight, meeting setup/takedown support, sign replacement, minor asphalt/DG repairs, street marker replacements, basic maintenance for Townmaintained trees/plantings along roadways, Town event support, minor drainage projects and maintenance, basic building support services and minor roadway maintenance (pothole repairs).

MCE personnel generally work from 7 am to 4 pm, Monday through Friday; but, these same personnel provide emergency call-out services for after hours and on weekends. Landscape maintenance services at Holbrook-Palmer Park and at the Town Center/Library complex are provided by BrightView Landscaping (BrightView). BrightView is also responsible for emptying Town-owned garbage cans at the Park and Town Center.

Street Sweeping
Street Sweeping is a contract service via Contract Sweeping Services.

Month Curb Miles Weight (tons) Cubic Yards
July 32 6 6
August 32 6 12
September 32 12 24
October
November
December
January
February
March
April
May
June
Total 96 24 42

Services Requests
• Completed repair of play structure at
Holbrook-Palmer Park playground
• Responded to flooding in PD Dispatch
Supervisor’s Office
• Cleared sewer drain line in in utility
room behind library
• Door repair at Jennings Pavilion
• Cleared tree debris from Faxon Forest
• Cleared tree debris from Acorn Way
• Initiated vegetation trimming/removal
Atherton Channel in preparation for
winter (MCE crews)
• Initiated debris clearing from Atherton
Channel in preparation for winter (MCE
contract work)
• Hung historic map and needle point in
Heritage Room at the Historic Town
Hall
• Installed bee traps in Town Center
around library
• Removed wasp nest near café
• Faucet repair in Main House upstairs
men’s restroom
• Repaired toilet leak in HPP Playground
women’s restroom
• Repaired stop sign on Linda Lista
Avenue at Atherton Avenue
• Completed cleanup of El Camino Real
median islands and started shoulder area
cleanup
• Installed tree lights at Town Center – in
front of Council Chambers and in
Library Deck
• Initiated heat pump repairs at Town
Center
• Initiated HVAC condensate line
relocation with new pumps in PD server
room
• Picture rail installation in Main House
bedrooms
• Set-up and assistance with Centennial
Event
• Managed resident pick up of Centennial
trees
General Maintenance and Special Services
• Weekly litter removal Along ECR, schools (Fridays 2 staff, 2 hours). • Remove Litter on Marsh Road, Middlefield Road & Alameda de las Pulgas. • Continue weed removal on Middlefield Road.
• El Camino Real Right-of-Way and Median Cleanup completed • Park General Duties: Garbage Cans, Town wide & ECR litter, ECR landscape & Corp yard clean-up, vehicle/tool maintenance.
• Fire extinguishers (checked/re-charged)
• Park General daily duties – mowing, empty garbage/recycling, restroom oversight, fire extinguishers (checked/re-charged), playground inspections, elevator inspections, open/close buildings, meeting room set-ups/tear downs

Photographs of Work Performed
Playstructure Repair at Holbrrok Palmer Park
Picture Hanging in Heritage Room

Centennial Celebration
Town Center Tree Light Installation
Council Chambers Library Deck

Picture Rails in Main House

See Click Fix September 2023

Public Works Maintenance
Budget versus Expenditures Thru September 2023
Short
Code
Accounting Code Description Budget Actual %
A01 101-53-52031-053 Streets $400,000 $66,421 17%
A02 101-57-52031-057 Parks (Grounds &
Facilities)
$325,000 $71,802 22%
A03 101-59-52031-059 Other Facilities $175,000 $20,581 12% A04 213-30-52031-000 Library $20,000 $360 2%
A05 101-58-52031-000 Tennis $10,000 $2,445 25%
E06 101-58-52030-058 Event Services $10,000 0 0%
Total $940,000 $161,609 17%
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
Streets Parks Other Fac Library Tennis Events
Public Works Budget to Expenditures
Budget Actual

The Public Works Director oversees general Park maintenance and activities. The Park has several contract service personnel and vendors that manage various activities at the Park.

Park Event Services are provided via contract by Catered Too. Catered Too manages all park event and rental services, to include rental of fields, buildings, and picnic areas. MCE provides facility support on a Task Order basis. BrightView Landscaping provides landscape maintenance services for the Park. Player Capital provides management and general maintenance of the six Tennis Courts.

There are three (3) structures available for event rental at the Park – the Carriage House, the Main House, and the Pavilion. Outdoor venues may also be rented and these include the Event Garden, Water Tower Green and North Meadow. Picnic areas in the Park may be reserved for small group day rental. Menlo Atherton Little League manages and maintains the Willie Mays Ball Field.

Facility Rentals for September 2023
Catered Too manages Park Rentals
Month North
Meadow
Children’s
Picnic
Area
Jennings
Pavilion
Main
House
Carriage
House
w/ NM
Field D Other
July 4 7 0 0 2 0 0
August 5 2 1 1 3 0 0
September 2 1 0 1 0 0 0
October
November
December
January
February
March
April
May
June
Total 11 10 1 2 5 0 0

Types of Rental Activity for September 2023
Catered Too manages Park Rentals
Month Social Gathering Wedding Soccer Other
July 13 0 0 0
August 9 0 0 3
September 3 0 0 1
October
November
December
January
February
March
April
May
June
Total
Revenue from Rental Activity for September 2023
Catered Too manages Park Rentals
Month Revenue Fees 10% Catering Fee Revenue to Town
July $3,400.00 $664.73 $4,064.73
August $6,750.00 $3,236.44 $9,986.44
September $1,250.00 $49.25 $1,299.25
October
November
December
January
February
March
April
May
June
Total $15,350.42

Tennis Court Usage
Player Capital (PC) manages court operations.

Month PC Court
Hours
# of
Students
Private
Lessons
Key Holder
Court
Hours
Public
Court
Hours
Clay
Court
Hours
July 645 279 458 325 0 12
August 675 295 482 337 0 6
September 687 307 497 387 0 5
October
November
December
January
February
March
April
May
June
General and Special Services for September 2023
• Pick up litter/trash
• Remove trash bags
• Blow/Pick Up Tree Leaves & Debris
• Inspect and Maintain Restrooms
• Inspect and Maintain Playgrounds
• Inspect and Maintain Main House Elevator
• Control undesirable weeds throughout property
• Cut back and remove tree brush and dead vegetation
• Apply seasonal fertilizers to turf and plants
• Inspect and maintain landscape irrigation
• Inspect and maintain landscape irrigation well and filter system • Monitor potable water usage daily
• Water non-established trees throughout the park (scheduled) • Blow tennis courts 2x per week, as required

For September:
• Spreading mulch
• Brightview is weeding daily.
• Performed mowing of lawn.
• Brightview installed a new quick-coupler near the exit driveway • HPP Access and Circulation project – on-going
• Brightview responded to water leaks associated with the construction projects (water shutdowns)
• Play structure repairs completed
• MCE responded to door issues at the Jennings Pavilion • Lighting and electrical repairs at Main House
• Installation of art hanging system in Main House Bedrooms New and Future Planned Projects
• Holbrook-Palmer Park Playground Improvements

Photographs of Work Performed in September 2023
Main House Art Hanging System

Playground Repairs
HPP Access and Circulation Project

Submitted by:

Interwest Consulting Group
Community Services
Monthly Report
September 2023
Town of Atherton
Building Department
80 Fair Oaks Ln.

Atherton, California 94027
Phone: (650) 752-0560

Town of Atherton
Building Safety Inspections
Construction and Permit Summary
September 1, 2023 to September 30, 2023
Fiscal Year Fiscal Year
2023-24 2022-23
Total Construction Valuation1: $23,986,693 $49,266,168 $31,023,078 Plan Check Fees Collected: $27,177 $136,414 $97,205
Permit Fees Collected: $139,516 $350,444 $252,949
Other Fees Collected: $11,254 $24,520 $16,717
TOTAL: $177,948 $511,378 $366,871
Applications Received: 60 206 205
Residential:

New Single Family Residential Permits
Issued: 4 8 6
New Accessory Structures Issued: 38 66 54
Addition / Alteration Permits Issued: 11 35 29
Reroof / Water Well / Grading Permits
Issued: 15 48 26
Plumbing/Mechanical/Electrical
Permits Issued: 18 43 51
Demolition Permits Issued: 5 11 12
Non-Residential:

New Permits Issued: 0 0 0
TOTAL Permits Issued: 91 211 178
Inspections Performed: 688 2073 1,861
Footnotes:
1Valuation: For permitted projects during this period.
2Other.

PLAN CHECK

INSPECTIONS

REVENUE

PERMITS
Sep-23

Staff Level Reviews
Planning Commission Items
Plan Review
TOTAL 55
Town of Atherton
Building Safety & Inspection
Tree Removal Info. / Consu / C.E
At the September 27, 2023 Planning Commission regular meeting the following occured. 1). Town of Atherton - Amendments to the Tree Standards and Specification guideline document | Approved

2)      89 Douglass Wy - TPZ exception for a pickleball court | Approved | .
3).      2 Heather Wy - Lot Line re-designation | Withdrawn

The next scheduled Planning Commission Meeting is on October 25, 2023 1 3
59 7
14 14 19
Planning Projects
September 1, 2023 to September 30, 2023
Inspections
This Month
Activity Activity
Fiscal Year to Date
Arborist Activity Summary
September 1, 2023 to September 30, 2023
Site Visits

Summary of New Single Family Residential Permits Issued by Month 2023 2022 2021 2020 2019 2018
1 1 0 1 4 0
0 1 2 1 1 2
0 2 5 0 1 3
4 2 3 0 1 2
0 4 1 3 1 5
3 2 4 2 1 2
1 3 2 4 1 6
3 2 2 5 5 4
4 2 3 2 3 1
2 1 1 1 4
1 3 3 1 0
2 1 3 1 1
16 26 27 25 21 30
Project
Type
No of
Plan
Checks
Average
Review
Days
Target
**
Overdue
Plan
Checks
109 8 10 0
137 4 5 0
15 2 3 0
0 2 o 0
Total Number of Plan Checks 261
** Target: in working days
Major Plan Check: New Houses, New Accessory Structures, New non-Residential Minor Plan Check: Small Additions, Reroof, Alterations, Misc.

Town of Atherton
Building Inspection & Plan Check
Month
January
November
July
August
September
October
February
March
April
May
JuneMinor
Plan Check
Cycles
1st Review
Subsequent Rev.
1st Review
Subsequent Rev.

December
Total New SFD
Permits:

Plan Check Performance
September 1, 2023 to September 30, 2023
Major
Plan Check

Summary Graphs
64 88 62 92 47 54 69 67 1… 99 76 70 60
55 52 53 42 48 52 55 60 95 52 68 91
789 789
898
732
645
744
793
789 728
622
444
941
688
0 100
200
300
400
500
600
700
800
900
1000
Counts
Plan Checks, Permits, Inspections
PC
Permits
Inspections
$9,513,356
$14,104,945
$7,241,352
$7,756,027
$6,435,458
$1,907,582
$3,108,780
$23,793,115
$2,790,189
$16,198,812
$1,907.582
$20,668,128
$23,986,693
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000 Valuation

Summary Graphs
$130,978
$165,908
$127,197
$120,285
$107,283
$9,523,256
$67,174
$210,803
$141,015
$236,492
$98,958
$245,582
$302,015
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
Fees
$24,520
$136,414
$350,444
$511,378
$80,000
$385,000
$1,200,000
$1,665,000
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
Other Plan Check Fees Permit Fees Total
YTD vs. Budgeted
FYTD 23-24
Budgeted 23-24

Town of Atherton
Summary of ADU's - JADU's - SFR,
Entitled, Permitted, Finaled
February 1, 2023 to February 28, 2023 February 1, 2023 to February 28, 2023 September 1, 2023 to September 30, 2023 Feb March April June July Aug Oct Nov Dec Totals
Entitled ADU 5 2 5 2 1 7 25
Pemitted ADU 2 0 2 5 0 6 6 7 8 36
Finaled ADU 1 0 6 1 3 0 1 2 2 16
Entitled JADU 1 1 1 1 0 1 6
Pemitted JADU 0 0 0 2 0 3 6
Finaled JADU 0 0 0 0 0 0 0
Entitled SFR 0 0 0 2 0 0 2 5 1 10
Permitted SFR 0 0 4 3 0 4 16
Finaled SFR 2 1 2 2 1 2 16
2022 2023 2024 2025 2026 2027
Entitled ADU 53
Pemitted ADU 25
Finaled ADU 17
Entitled JADU 10
Pemitted JADU 5
Finaled JADU 0
Entitled SFR 20
Permitted SFR 26
Finaled SFR 17
1 Jan
1 1
1 0
0 Sept
2 0
May
0 0
0 0
3 2
1 0
0 4

Project Address Issue Date CTL Deadline Adjusted CTL ** Penalties Pd. Est. Completion 122 Hawthorne 8/24/2017 8/24/2020 1/10/2021 $250K Nov. 2023 NOTES:
67 Redwood 8/28/2018 9/28/2021 1/14/2022 $250K Oct. 2023 NOTES:
88 Tuscaloosa 10/23/2018 10/23/2021 2/11/2022 $250K Nov. 2023 NOTES: Paid $220K on 12/14/2022
Total Penalties Deposited: $750K
NOTE: Penalties do not become revenue to the Town until all appeals have been exhausted. * Under new modified ordinance. Additional Penalty fees due ** Covid-19 CTL adjustments due to shutdown.

Year Amount Forfieted
2015 thru 2018 $511,200.00
2019 $307,200.00
2020 $329,600.00
2021 $333,000.00
2022 $835,200.00
2023 $559,000.00
Total to Date $2,875,200.00
Town of Atherton
Building Safety & Inspection
Active Construction Time Limit Penalties
September 1, 2023 to September 30, 2023
Forfieted Construction Time Limit Penalties

The Atherton Police Department consists of 31 personnel, sworn and non-sworn. Of the sworn personnel, there is a Police Chief, a Commander, five (5) Sergeants, and fourteen (14) Officers.

Non-sworn personnel consist of an Executive Assistant/Training Manager, a Communications Supervisor, a Code Enforcement Officer, a Community Services Officer, a Hybrid Code Enforcement/Dispatcher, and five (5) Dispatchers.

These personnel provide 24-hour police patrol, dispatch, traffic enforcement, school resource, crime investigation, crime prevention and other law enforcement services to the community.

Personnel typically work a 12-hour shift schedule (4-on/3-off) with a priority staffing level of three (3) sworn personnel at all times.

Graphics and data provided in this report can be found via CitizenRIMS. CitizenRIMS is an active, online database of calls for service to the Atherton Police Department available via the Town’s website. The database provides information on active and historic calls for service, criminal activity and statistics, missing persons, stolen vehicles, arrests, and crime bulletins. Through CitizenRIMS residents can also sign up for Security Camera Registration and Vacation Home Checks.

Visit CitizenRIMS using the preceding link or this QR Code >>>>>>>>>
Overall Activity for the Month of September 2023
During this reporting period, there were 51 investigations. Of that total, 23 offenders were cited, arrested, referred to the San Mateo County District Attorney’s Office for prosecution, or referred to the San Mateo County Juvenile District Attorney’s Office for prosecution.

Offenses included, driving with a suspended license, felony warrant, misdemeanor warrant, petty theft, burglary, possession of drug paraphernalia, possession of narcotics, receiving known stolen property, possession of burglary tools, vandalism, and mail theft.

Of the 2,181 total police incidents for the month, 1,237 were officer-initiated incidents. These incidents resulted in 483 citations being issued for vehicle code and other violations. Officers initiated 904 other types of incidents that included investigating suspicious vehicles, traffic collisions, citizen flag downs, home checks, code enforcement and construction checks, follow-up investigations, pedestrian stops, traffic enforcement details, medical calls, and welfare checks.

Traffic Incidents
Overall, there were 364 traffic incident locations, some with multiple stops, for the reporting period. The map below indicates the locations of the incidents for this reporting period.

Traffic Collisions
There were 13 collision locations during this reporting period. The map below indicates the locations of the incidents for the reporting period.
xc
Traffic Complaints
Four (4) complaints were reported, but due to training, the traffic team was not able to sufficiently work in these areas. These complaints will be carried over to October.

Bicycle Traffic Stops
There were 6 bicycle related calls initiated for improper lighting (4), riding in the wrong direction (1), and a red light violation (1). These incidents resulted in 6 verbal warnings.

Criminal Activity and Suspicious Circumstances
The Department responded to 97 locations (some locations multiple times) for property crimes (18), person crimes (11), and incidents of suspicious circumstances (72).

Municipal Code Violations
The Department responded to 62 locations (some locations multiple times) for municipal code/health order violations/quality of life issues. The municipal code violations were for construction parking, construction hours, right-of-way encroachments or obstructions, dog barking and off leash, debris in the right-of-way, dead or dangerous trees, TPZ violations, health and safety concerns and violations, political and construction signage, and Atherton Municipal Code (AMC) questions. There were 7 trash receptacle related cases throughout Town this month, each property receiving a courtesy letter, and no notices issued for failure to comply.

Holbrook Palmer Park
Holbrook Palmer Park had 96 incidents during this reporting period, 88 of which were security checks, foot patrols by officers, and closing/opening the park. The other incidents were ordinance violations, suspicious vehicles, pedestrian checks, suspicious persons, and a 911 misdial.

Premise Watch
Officers completed 560 House/Vacation checks during the reporting period.

School Incidents
Officers responded to 198 school incidents during the reporting period. These incidents were mostly officer-initiated security checks.

Incidents of note from this reporting period:
• On 09/06, the SRO investigated a student who posted on social media a photograph of themselves holding a firearm.
• On 09/19, two students engaged in a mutual fight on campus. • On 09/22, an unsheltered person was found living on a school campus. • On 09/27, students drove by a school campus and made threatening statements. The students were located and there was no real threat to the campus. • On 09/28, the SRO investigated a possible sexual assault between two students, but what occurred did not meet the criteria for a sexual assault.

The current reporting period is highlighted in the table below. All other columns represent months preceding and prior year.

Response Times
In general, there are 3 types of Calls for Service from the Police Department. In order of priority:

High, Medium, and Low.

High Priority calls are in-progress events where persons or high-value property are in immediate danger and requires a multiple officer response. This is a lights and siren response to a crime in progress, injury collision, or medical emergency.

Medium Priority calls are in-progress events without an immediate danger to persons or property.

Multiple officers may be necessary for these calls. These calls take precedence over all other calls for service and require an immediate police response (non-lights and siren), but the incident may not be in progress. The most common medium priority calls are burglary, robbery, sexual assault, and residential burglary alarm activations. The latter is the most frequent call in Atherton.

Low Priority calls are other calls for service. Events that may no longer be in-progress, so immediate response is not as urgent. Normally requires a single officer. Officers may or may not be immediately dispatched to these calls. Low priority calls are dogs off leash the Park, parking violations, construction noise or activity, and follow-up police reports.

During the Reporting Period there were:

Priority Level Number of Calls Average Response Time Goal High 5 1:46 <4 minutes
Medium 185 3:56 <6 minutes
Low 490 8:01 <8 minutes
Response times are calculated from the time the call is dispatched until the time the officer arrives on the scene. The table below depicts the Department’s Medium Priority response times for the past 6 months.

MONTH YEAR RESPONSE
TIME
August 2023 8:02
July 2023 4:37
June 2023 4:31
May 2023 4:21
April 2023 4:12
March 2023 4:26

Total Training Hours for the Reporting Period: 631 HOURS

NAME TRAINING/HOURS DATES
Larsen Lexipol Connect/7 hours Sept. 6
Dutta WLLE Conf./24 hours Sept. 6 – 8
Shum WLLE Conf./24 hours Sept. 6 – 8
Abarca WLLE Conf./24 hours Sept. 6 – 8
Abarca CCUS Seminar/32 hours Sept. 11 - 15
Dutta FTO Course/40 hours Sept. 11 – 15
Andruha FTO Course/40 hours Sept. 11 – 15
Romero FTO Course/40 hours Sept. 11 – 15
Metzger Motor Instructor/80 hours Sept. 11 – 22
Fong Museum of Tolerance/8 hours Sept. 20
Davidovich Museum of Tolerance/8 hours Sept. 20
Torres Museum of Tolerance/8 hours Sept. 20
Dutta Apple/Google Search Warrants/8 hours Sept. 20
Romero CA Case Law/8 hours Sept. 22
Taylor SFST Course/24 hours Sept. 25 – 27
All PD Staff First Aid & CPR/8 hours Sept. 26
Fong IA and OIS Envest./16 hours Sept. 28 - 29
The below table depicts the amount of officer-initiated activity and the number of traffic citations issued for the past six months:

MONTH OFFICER INITIATED ACTIVITY CITATIONS
September 1,237 483
August 1,374 681
July 1,709 640
June 1,403 672
May 1,685 743
April 1,388 683

Code Enforcement Activity Report
Summary:

Activity Total for
Month
Year to Date
(From 01/01/2023)

1. Opened/Re-opened Cases 26 417

2. Resolved/Closed Cases 56 386

3. Written/Formal Notices Issued 4 95

4. Citations Issued 4 92

5. Amount in Citations Issued $ 3,800 $ 73,500

6. Amount in Citations Received (Payment) $ 100 $ 38,100 During the month of September 2023, there were approximately 30 incidents/calls for service referred to or initiated by code enforcement, and 1 case(s) re-opened. Those incidents included but were not limited to construction parking, construction hours, right-of-way encroachments or obstructions, dog barking and off leash, debris in the right-of-way, dead or dangerous trees, TPZ violations, health and safety concerns and violations, political and construction signage, and Atherton Municipal Code (AMC) questions. There were 7 trash receptacle related cases throughout Town this month, each property receiving a courtesy letter, and no notices issued for failure to comply.

There was 1 stop work order(s) issued to properties for non-permitted activities, 3 verbal warnings given with specified deadlines to reach compliance, and 5 initial inspections that are pending follow-up. Code Enforcement continues to utilize both software for tracking purposes and case management.

There were fewer trash receptacle complaint/violations this month, and an increase in construction sites (beginning stages/demo). CE has been working on a weed abatement letter draft with Public Works; pending the new sidewalks code to be approved by Council in October 2023. CE and Planning continue working together to establish protocols for proactive inspections to limit the amount of enforcement by CE.

2021 2022 2023
January $ 3,047,204 $ 3,932,174 $ 2,554,000
February $ 2,965,501 $ 1,535,792 $ 1,487,835
March $ 2,730,084 $ 2,338,442 $ 1,391,045
April $ 3,330,434 $ 7,114,054 $ 1,563,462
May $ 3,953,961 $ 1,895,271 $ 1,470,060
June $ 3,812,881 $ 2,452,489 $ 1,814,801
July $ 5,455,268 $ 3,336,861 $ 3,169,593
August $ 2,741,619 $ 2,254,058 $ 1,800,461
September $ 3,269,368 $ 1,722,938 $ 1,887,973
October $ 2,278,127 $ 1,495,823
November $ 2,752,017 $ 1,317,065
December $ 1,859,218 $ 2,051,605
$ 38,195,682 $ 31,446,572 $ 17,139,230
Town of Atherton
3-Year Monthly Claims Table
January February March April May June July August September October November December 2021 $3,047,204 $2,965,501 $2,730,084 $3,330,434 $3,953,961 $3,812,881 $5,455,268 $2,741,619 $3,269,368 $2,278,127 $2,752,017 $1,859,218 2022 $3,932,174 $1,535,792 $2,338,442 $7,114,054 $1,895,271 $2,452,489 $3,336,861 $2,254,058 $1,722,938 $1,495,823 $1,317,065 $2,051,605 2023 $2,554,000 $1,487,835 $1,391,045 $1,563,462 $1,470,060 $1,814,801 $3,169,593 $1,800,461 $1,887,973 $-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000

TOWN OF ATHERTON
3-YEAR MONTHLY CLAIMS CHART

ITEM NO. 9

TOWN OF ATHERTON
CLAIMS LIST SEPTEMBER 2023
Previous Yr.

September
2023
September
2022
A/P Checks (#32672-32834)
Payroll Checks (#616-617)
Direct Deposit - Payroll
Electronic Transfer - A/P & Payroll
Amount
$ 1,178,495
871
363,260
345,347
Amount
$1,051,093
531
314,360
356,954
SEPTEMBER 2023 Total $ 1,887,973 $1,722,938
I, George Rodericks, City Manager of the Town of Atherton, do hereby certify that the demand listed above, check numbers 616-617 (payroll), and 32672-32834 (accounts payable), and electronic transfers for employees direct deposits, federal payroll taxes and fees, inclusive, amount to $ 1,887,973 are true and correct based on the information provided to me and that there are sufficient funds for payment. _______________________________ George Rodericks
City Manager
The above claims, check numbers 616-617 (payroll), and 32672-32834 (accounts payable), and electronic transfers for employees direct deposits, federal payroll taxes and fees, inclusive, amount to $ 1,887,973 are true and correct and are authorized for payment. _______________________________
B. Widmer
Mayor, Town of Atherton

SOURCE OF FUNDS
September
2023
September
2022
101 General Fund $ 1,444,724 $1,177,721
105 Tennis Fund 1,630 776
201 Special Tax 195,995
202 Measure A 830
203 Gas Tax 31,955
204 Measure M 39,737
213 Library Fund 25,930 21,667
401 GF Projects 318,416 754
406 Facilities Construction 116,914
610 Equipment Replacement 10,160 24,567
614 Worker’s Comp Insurance 108,682
615 General Liability Fund 9,214 32,593
616 Employee Benefits Funds 6,207 42,439
TOTAL $ 1,887,973 $1,722,938 Page 47 of 135
Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32672 ACTION TOWING 9/7/2023 92668 General Fund Police Tow Svc Flat Tire PD Aug 2023 148.50 32672 ACTION TOWING 9/7/2023 93057 General Fund Police Tow Svc Flat Tire Sign Board PD Sep 2023 170.50 32672 Total 319.00
32673 AFLAC 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Aflac Accident (Pre-Tax) 251.82 32673 AFLAC 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Aflac Cancer Ins(Pre-Tax) 48.07 32673 AFLAC 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Aflac Dental Plan (Pre-Tax) 28.02 32673 AFLAC 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Aflac Hosp. Conf. Id (Pre-Tax) 103.38 32673 AFLAC 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Aflac Hosp.Conf.Id (After-Tax) 19.26 32673 AFLAC 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Aflac Life Emp (After -Tax) 38.40 32673 AFLAC 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Aflac Speci Health (After-Tax) 6.63 32673 AFLAC 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Aflac Speci Health (Pre-Tax) 29.10 32673 AFLAC 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Aflac STD (After-Tax) 607.08 32673 AFLAC 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Aflac Vision Plan(Pre-Tax) 16.99 32673 AFLAC 9/7/2023 502-08-2023 General Fund PR Batch 00502.08.2023 Aflac Accident (Pre-Tax) 251.82 32673 AFLAC 9/7/2023 502-08-2023 General Fund PR Batch 00502.08.2023 Aflac Cancer Ins(Pre-Tax) 48.07 32673 AFLAC 9/7/2023 502-08-2023 General Fund PR Batch 00502.08.2023 Aflac Dental Plan (Pre-Tax) 28.02 32673 AFLAC 9/7/2023 502-08-2023 General Fund PR Batch 00502.08.2023 Aflac Hosp. Conf. Id (Pre-Tax) 103.38 32673 AFLAC 9/7/2023 502-08-2023 General Fund PR Batch 00502.08.2023 Aflac Hosp.Conf.Id (After-Tax) 19.26 32673 AFLAC 9/7/2023 502-08-2023 General Fund PR Batch 00502.08.2023 Aflac Life Emp (After -Tax) 38.40 32673 AFLAC 9/7/2023 502-08-2023 General Fund PR Batch 00502.08.2023 Aflac Speci Health (After-Tax) 6.63 32673 AFLAC 9/7/2023 502-08-2023 General Fund PR Batch 00502.08.2023 Aflac Speci Health (Pre-Tax) 29.10 32673 AFLAC 9/7/2023 502-08-2023 General Fund PR Batch 00502.08.2023 Aflac STD (After-Tax) 607.08 32673 AFLAC 9/7/2023 502-08-2023 General Fund PR Batch 00502.08.2023 Aflac Vision Plan(Pre-Tax) 16.99 32673 Total 2,297.50
32674 ALHAMBRA 9/7/2023 21928698 083123 General Fund Police Water Svc PD Aug 2023 271.36 32674 Total 271.36
32675 ASG BUILDERS 9/7/2023 4 Measure M 2022 Overlay Project - 5% Retention Aug 2023 (1,045.70) 32675 ASG BUILDERS 9/7/2023 4 Measure M 2022 Overlay Project Aug 2023 20,914.00 32675 Total 19,868.30
32676 AT&T CALNET 3 9/7/2023 20467661 General Fund Police BAN #9391080028 Radio Circuits PD 8/1/23 -8/31/23 2,001.66 32676 Total 2,001.66
32677 BIANCHINI'S CATERING 9/7/2023 45353 General Fund Police Catering Svc Staff Meeting PD 9/6/23 359.73 32677 Total 359.73
32678 CALIFORNIA STATE DISBURSEMENT UNIT 9/7/2023 501-09-2023FR General Fund PR Batch 00501.09.2023 Garnishment 323.07 32678 CALIFORNIA STATE DISBURSEMENT UNIT 9/7/2023 501-09-2023NT General Fund PR Batch 00501.09.2023 Garnishment 177.69 32678 Total 500.76
32679 CINTAS CORPORATION 9/7/2023 4163946705 General Fund Police (1) Active Scraper, (7) Traffic Mats PD Aug 2023 106.72 32679 CINTAS CORPORATION 9/7/2023 4165330439 General Fund Police (1) Active Scraper, (7) Traffic Mats PD Aug 2023 106.72 32679 Total 213.44
32680 COMPILE INC. 9/7/2023 02-CI002423 General Fund Police (3) BetterHelp Org Pay Per Session PD Aug 2023 255.00 32680 Total 255.00
32681 DELTA DENTAL OF CALIFORNIA 9/7/2023 501-09-2023 General Fund PR Batch 00501.09.2023 Dental Ins 4,029.94 32681 DELTA DENTAL OF CALIFORNIA 9/7/2023 BE005661313 General Fund DPW-Engineering Dental Adj T. Enochson Sep 2023 (154.72) 32681 DELTA DENTAL OF CALIFORNIA 9/7/2023 BE005661313 General Fund Dental Cobra J. Wade Sep 2023 182.56 32681 Total 4,057.78
32682 DMV RENEWAL 9/7/2023 APDDARE General Fund Police Registration Fee DARE Vehicle PD Nov 2023 191.00 Checks by Date - Detail by Check Number
For the Month of September 2023

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32682 Total 191.00
32683 DYNASTY CLEANERS 9/7/2023 23-Aug General Fund Police Uniform Dry Cleaning Svcs PD Aug 2023 884.90 32683 Total 884.90
32684 FUKUKARA ARON 9/7/2023 BP23-00204 General Fund Refund Recycling Dep BP23-00204, 58 Amador 7,495.58 32684 Total 7,495.58
32685 GATTO JOSHUA 9/7/2023 Sep 6 2023 General Fund Police Gas Motor Trng J. Gatto PD 8/28/23 -8/31/23 26.94 32685 GATTO JOSHUA 9/7/2023 Sep 6 2023 General Fund Police Lunch Motor Trng J. Gatto PD 8/28-31/23 36.00 32685 Total 62.94
32686 HEART OF SAN MATEO COUNTY 9/7/2023 859 General Fund City Council HEART Membership Council 7/1/23 -6/30/24 2,132.00 32686 Total 2,132.00
32687 IRON MOUNTAIN INC 9/7/2023 HVBB794 General Fund Police Onsite Shredding Svc PD 7/26/23 - 8/22/23 314.64 32687 Total 314.64
32688 JEREMY SCOTT DENNIS 9/7/2023 3 General Fund Administration Consulting Svcs Planning & Building Dept Review Admin Sep 2023 1,400.00 32688 Total 1,400.00
32689 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 9/7/2023 30903506 General Fund City Attorney Town Attorney-Housing Element Jul 2023 1,148.00 32689 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 9/7/2023 30903507 General Fund City Attorney Town Attorney-Monsanto Jul 2023 57.00 32689 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 9/7/2023 30903508 General Fund City Attorney Town Attorney-25 Isabella Jul 2023 1,512.50 32689 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 9/7/2023 30903509 General Fund City Attorney Town Attorney-Bereavement Pay Jul 2023 450.00 32689 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 9/7/2023 30903526 General Fund City Attorney Town Attorney -Retainer Fees Jul 2023 17,000.79 32689 Total 20,168.29
32690 MCCULLEY STEVE 9/7/2023 Sept 5 2023 General Fund Police Mailing Fee Return Swamp Cooler Box PD Sep 2023 16.00 32690 Total 16.00
32691 METRO MOBILE COMMUNICATIONS INC 9/7/2023 47565 General Fund Police (1) Install Helmet Kit Communication Equip PD Sep 2023 175.00 32691 Total 175.00
32692 MOTOROLA SOLUTIONS INC. 9/7/2023 8281700235
Equipment
Replacement (1) Motorola Radio New Vehicle PD Aug 2023 10,160.26 32692 Total 10,160.26
32693 PITNEY BOWES BANK INC. 9/7/2023 02762882Aug2023 General Fund Interdepartmental Refill & Trans Fee Postage Meter Town Aug 2023 1,950.00 32693 Total 1,950.00
32694 PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC 9/7/2023 3106248467 General Fund Interdepartmental Lease Digital Mailing System Post Office Jul-Sep 2023 752.49 32694 Total 752.49
32695 POINT EMBLEMS LLC 9/7/2023 15297 General Fund Police (100) 1" Lapel Pin PD Jun 2023 400.49 32695 Total 400.49
32696 PRI MANAGEMENT GROUP 9/7/2023 22900 General Fund Police Intro Sealing & Expunge Rec Webinar D. Allen PD 11/30/23 159.00 32696 Total 159.00
32697 PRIORITY 1 PUBLIC SAFETY EQUIP. 9/7/2023 9372 General Fund Police (1) Repair Broken Box Cargo Area Blk Tahoe PD Aug 2023 250.00 32697 Total 250.00
32698 PUI ON YIP CO 9/7/2023 BP20-00729 General Fund Refund 2nd Utility Dep BP20-00729, 39 Stockbridge 5,000.00 32698 Total 5,000.00
32699 SAN MATEO CNTY FORENSIC LAB 9/7/2023 PS-INV104332 General Fund Police (1) Narcotic ID, (2) Phlebotomy Svc PD Aug 2023 500.00 32699 Total 500.00
32700 SMCPCSA 9/7/2023 6-Sep General Fund Police Appreciation Luncheon J. Frew, D. Larsen & S. McCulley PD 10/4/23 150.00 32700 Total 150.00
32701 TONY'S CLEAN TEAM LLC 9/7/2023 15-3414 Library Fund Janitorial Maint Svcs Library 7/12/23 -8/11/23 4,745.00 32701 TONY'S CLEAN TEAM LLC 9/7/2023 15-3414 General Fund DPW-Park Maint. Janitorial Maint Svcs Park 7/12/23 -8/11/23 2,083.34 32701 TONY'S CLEAN TEAM LLC 9/7/2023 15-3414 General Fund DPW-Building Maint. Janitorial Maint Svcs Town 7/12/23 -8/11/23 10,593.66 32701 Total 17,422.00

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32702 TRIDENT K9 CONSULTING 9/7/2023 1507 General Fund Police Maint Trng K9 Jessie D. Romero PD Aug 2023 600.00 32702 Total 600.00
32703 US BANK VOYAGER FLEET SYSTEMS INC. 9/7/2023 8690000000000 General Fund Police Motorcycle Fuel Charges PD Aug 2023 1,108.14 32703 Total 1,108.14
32704 VISION SERVICE PLAN 9/7/2023 23-Sep General Fund DPW-Engineering Vision Adj T. Enochson Sep 2023 (32.46) 32704 VISION SERVICE PLAN 9/7/2023 23-Sep General Fund Vision Cobra J. Wade Sep 2023 32.46 32704 VISION SERVICE PLAN 9/7/2023 501-08-2023 General Fund PR Batch 00501.08.2023 Vision Insurance 847.62 32704 Total 847.62
32705 WAGEWORKS INC. 9/7/2023 INV5559798 General Fund Police FSA Compliance Fee PD Aug 2023 168.80 32705 Total 168.80
32706 ABARCA GABRIELA 9/14/2023 Sept 6-8 2023 General Fund Police Breakfast WLLE Trng G. Abarca PD 9/6/23 20.17 32706 ABARCA GABRIELA 9/14/2023 Sept 6-8 2023 General Fund Police Dinner WLLE Trng G. Abarca PD 9/5/23 57.26 32706 ABARCA GABRIELA 9/14/2023 Sept 6-8 2023 General Fund Police Dinner WLLE Trng G. Abarca PD 9/6/23 69.00 32706 ABARCA GABRIELA 9/14/2023 Sept 6-8 2023 General Fund Police Dinner WLLE Trng G. Abarca PD 9/6/23 54.06 32706 ABARCA GABRIELA 9/14/2023 Sept 6-8 2023 General Fund Police Lunch WLLE Trng G. Abarca PD 9/8/23 36.46 32706 Total 236.95
32707 ADO PROFESSIONAL SOLUTIONS INC. 9/14/2023 12928910 General Fund Administration Temp Emp C. Alejandre Admin 7/17/23 -7/21/23 1,745.60 32707 ADO PROFESSIONAL SOLUTIONS INC. 9/14/2023 12949403 General Fund Administration Temp Emp T. Allen Admin 8/7/23 -8/11/23 1,745.60 32707 ADO PROFESSIONAL SOLUTIONS INC. 9/14/2023 12960827 General Fund Finance Temp Emp P. Morin Fin 8/14/23 -8/18/23 2,400.00 32707 ADO PROFESSIONAL SOLUTIONS INC. 9/14/2023 12963646 General Fund Finance Temp Emp P. Morin Fin 8/21/23 -8/25/23 2,400.00 32707 ADO PROFESSIONAL SOLUTIONS INC. 9/14/2023 12970953 General Fund Administration Temp Emp T. Allen Admin 8/28/23 -9/1/23 1,745.60 32707 ADO PROFESSIONAL SOLUTIONS INC. 9/14/2023 12971758 General Fund Finance Temp Emp P. Morin Fin 8/28/23 -9/1/23 2,400.00 32707 ADO PROFESSIONAL SOLUTIONS INC. 9/14/2023 12978575 General Fund Administration Temp Emp T. Allen Admin 9/5/23 -9/8/23 1,396.48 32707 Total 13,833.28
32708 ALHAMBRA 9/14/2023 21903512 090623 General Fund Administration Water Svc Admin Aug 2023 125.86 32708 Total 125.86
32709 ASSOCIATION OF BAY AREA GOVERNMENT 9/14/2023 AR033140 General Fund DPW-Park Program 150 Watkins 7/25/23 -8/22/23 42.63 32709 ASSOCIATION OF BAY AREA GOVERNMENT 9/14/2023 AR033140 General Fund DPW-Park Program 150 Watkins HP Activity Bldg 6/24/23 -7/25/23 113.98 32709 ASSOCIATION OF BAY AREA GOVERNMENT 9/14/2023 AR033140 General Fund DPW-Park Maint. 160 Watkins (Gilmore House) 7/26/23 -8/23/23 326.37 32709 ASSOCIATION OF BAY AREA GOVERNMENT 9/14/2023 AR033140 General Fund DPW-Street Maint. 99 Dinkenspiel Corp Yard 7/25/23 -8/22/23 67.02 32709 Total 550.00
32710 AT&T CALNET 3 9/14/2023 20499506 General Fund Police BAN #9391062302 Radio Circuits PD 8/10 -9/9/23 559.88 32710 Total 559.88
32711 BIANCHINI'S CATERING 9/14/2023 45354 General Fund Police Catering Svc FTO Training PD 9/11/2023 612.50 32711 BIANCHINI'S CATERING 9/14/2023 45355 General Fund Police Catering Svc FTO Training PD 9/12/2023 612.50 32711 BIANCHINI'S CATERING 9/14/2023 45356 General Fund Police Catering Svc FTO Training PD 9/13/2023 612.50 32711 BIANCHINI'S CATERING 9/14/2023 45357 General Fund Police Catering Svc FTO Training PD 9/14/2023 612.50 32711 BIANCHINI'S CATERING 9/14/2023 45358 General Fund Police Catering Svc FTO Training PD 9/15/2023 612.50 32711 Total 3,062.50
32712 CAL MOTO 9/14/2023 3032257/1 General Fund Police (1) Replaced Rear Tire 2019 BMW PD 9/13/2023 427.10 32712 Total 427.10
32713 CHAPLIN AND HILL INVESTIGATIVE SERVICES LLC 9/14/2023 23-02_04 General Fund Police Investigative Services - Interview Prep, Report Preparation PD Aug 2023 11,921.72 32713 CHAPLIN AND HILL INVESTIGATIVE SERVICES LLC 9/14/2023 23-29_02 General Fund Police Investigative Services - Interview Prep, Report Preparation PD Aug 2023 4,682.42 32713 Total 16,604.14
32714 CHEN VIVIAN 9/14/2023 BP20-00729 General Fund Refund Recyling Dep BP20-00729, 39 Stockbridge 1,000.00 32714 Total 1,000.00
32715 COMCAST BUSINESS 9/14/2023 0243773SEPT2023 General Fund Interdepartmental High Speed Internet Town 9/10/23 -10/9/23 226.72

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32715 Total 226.72
32716 COMMERCIAL CONTROLS CORPORATION 9/14/2023 11513 General Fund Police Building Systems Support Maint PD Sep 2023 3,202.00 32716 Total 3,202.00
32717 DALE PLUMBING & HEATING 9/14/2023 89418 General Fund DPW-Park Maint. Supply & Install Sloan Valves HP Park Maint Aug 2023 6,877.23 32717 Total 6,877.23
32718 DAVID CHRISTINE 9/14/2023 Sept 13 2023 General Fund Police Food ADAPT Meeting PD 8/31/23 159.89 32718 Total 159.89
32719 DOOLEY ENTERPRISES INC. 9/14/2023 66348 General Fund Police (6000) Ammunition -223 69gr Match Boattail PD Sept 2023 6,588.07 32719 Total 6,588.07
32720 DUCKY'S CAR WASH LLC 9/14/2023 23-Aug General Fund Police Car Wash Svc PD Aug 2023 310.23 32720 Total 310.23
32721 EMBARCADERO MEDIA 9/14/2023 79171 General Fund Planning Legal Ad Planning Commission Notice Plng 7/14/23 630.00 32721 EMBARCADERO MEDIA 9/14/2023 79343 General Fund Planning Legal Ad Planning Commission Notice Plng 8/11/23 525.00 32721 Total 1,155.00
32722 FOLGER GRAPHICS INC 9/14/2023 136981 General Fund Police (500) APD Brochure PD Sep 2023 251.56 32722 Total 251.56
32723

GREAT AMERICA FINANCIAL SERVICES
CORPORATION 9/14/2023 34779615 General Fund Planning (1/3) Lease Toshiba E-Studio5015 AC Copier Plng Aug 2023 240.37 32723

GREAT AMERICA FINANCIAL SERVICES
CORPORATION 9/14/2023 34779615 General Fund Building (1/3) Lease Toshiba E-Studio5015 AC Copier Bldg Aug 2023 240.38 32723

GREAT AMERICA FINANCIAL SERVICES
CORPORATION 9/14/2023 34779615 General Fund DPW-Engineering (1/3) Lease Toshiba E-Studio5015 AC Copier PW Eng Aug 2023 240.38 32723 Total 721.13
32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police (1) Nespresso Pods Dispatch PD Aug 2023 20.20 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police (1) pk Batteries, (4) Nespreeso Pods PD Aug 2023 187.14 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police (1) Swamp Cooler Dispatch PD Aug 2023 218.74 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police (2) Sunscreens PD Aug 2023 25.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police (4) Flags PD Aug 2023 155.26 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police Avon C50 First Responder Kit SWAT Equip D. Romero PD Aug 2023 890.33 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police Boarding Fees K9 Jessie d. Romero PD 7/21/23 -7/25/23 140.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police Bridge Toll PD 8/3/23 7.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police Flight Change Fee WLLE G. Abarca 9/5/23 -9/8/23 15.01 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police Flight Change Fee WLLE G. Abarca 9/5/23 -9/8/23 5.01 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police Indoor/Outdoor Fan for K9 PD Aug 2023 130.75 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police Lodging Post K9 Trng K. Pronske Aug 2023 601.83 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police UPS Fee -Returned Unused Plate Carriers PD Aug 2023 35.72 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police Search Warrants Trng G. Dutta PD 9/20/23 100.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 0866/8-22-23JF General Fund Police (1) Voice Projection Unit w/Microphone SWAT Equip D. Romero PD Aug 2023 705.49
32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 3299/8-22-23EJ General Fund Police (1) FireArm Evidence Box PD Aug 2023 174.33 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 3299/8-22-23EJ General Fund Police (2) Brake Pad Sets for 2021 Chevrolet Tohoe PD Jul 2023 330.31 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 3299/8-22-23EJ General Fund Police Apple Storage Fee E. Johnson PD Aug 2023 0.99 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 3299/8-22-23EJ General Fund Police Food for Dayshift Employees PD 8/11/23 125.91 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 3299/8-22-23EJ General Fund Police Personal Protective Equip for Patrol PD Aug 2023 374.44 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 3299/8-22-23EJ General Fund Police Refilled First Aid Kit PD Aug 2023 70.68 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 4380/8-22-23RL General Fund Administration Employee Birthday Cake Admin Aug 2023 143.74 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 4380/8-22-23RL General Fund Administration MMANC Trng R. Londer Admin 8/9/23 85.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 4380/8-22-23RL General Fund Administration Social Media Subcription R. Londer Admin Augl 2023 15.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 4380/8-22-23RL General Fund Administration Supplies Centennial Celebration Admin Aug 2023 75.00

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 4380/8-22-23RL General Fund Administration Supplies Centennial Celebration Admin Jul 2023 19.67 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 4525/08-22-23HL General Fund Building (1/2) Tea Bldg Jul 2023 9.21 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 4525/08-22-23HL General Fund DPW-Engineering (1/2) Tea PW Eng Jul 2023 9.21 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 4525/08-22-23HL General Fund DPW-Park Maint. Sprinkler Cellular Plan for HP Park Aug 2023 300.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 5762/8-22-23DL General Fund Police Investigative Services PD Aug 2023 89.80 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 5762/8-22-23DL General Fund Police Lunch Crisis Neg Trng D. Larsen PD 8/18/23 60.35 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 5762/8-22-23DL General Fund Police Lunch Traffic Enf Detail PD 7/27/23 157.58 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 5762/8-22-23DL General Fund Police Lunch Traffic Enf Detail PD 7/27/23 12.60 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 5762/8-22-23DL General Fund Police Lunch Traffic Enf Detail PD 7/27/23 26.90 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 5762/8-22-23DL General Fund Police Recruitment Trng Reg Fee D. Larsen PD 9/14/23 125.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 6914/8-22-23APD General Fund Police SLI Session#8 Trng K. Pronske PD 8/8/23 -8/11/23 320.70 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 7361/8-22-23GR General Fund Administration (1) Ink CM G. Rodericks Admin Jul 2023 50.19 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 7361/8-22-23GR General Fund Administration (1) Remote Connect for CM Car G. Rodericks Admin Aug 2023 80.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 7361/8-22-23GR General Fund Administration Car Wash CM G. Rodericks Admin Aug 2023 59.99 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 7361/8-22-23GR General Fund Administration Car Wash CM G. Rodericks Admin Jul 2023 59.99 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 7361/8-22-23GR General Fund Administration Airflare Booking Fee ICMA Conf CM G. Rodericks Admin Aug 2023 4.65 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 7361/8-22-23GR General Fund Administration The Wall Street Journal CM G. Rodericks Admin Aug 2023 38.99 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 9369/8-22-23AS General Fund Administration (2) Water Filters Admin Aug 2023 105.04 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 9369/8-22-23AS General Fund Interdepartmental Adobe ACROPRO Subcriptions Jul 2023 551.77 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 9369/8-22-23AS General Fund Administration Canva A. Suber Aug 2023 1.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 9369/8-22-23AS General Fund Interdepartmental Microsoft Refund Aug 2023 (1.00) 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 9369/8-22-23AS General Fund Interdepartmental Business Dropbox Jul 2023 72.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 9369/8-22-23AS General Fund Interdepartmental Microsoft subcription Aug 2023 1.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 9369/8-22-23AS General Fund Interdepartmental MSFT Subrcription Jul 2023 64.40 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 9369/8-22-23AS General Fund Interdepartmental MSFT subcription Jul 2023 15.00 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 9369/8-22-23AS General Fund Administration Wix.com Hosting Fee Traffic Mgmt Study Jul 2023 17.35 32724 IMPAC. GOVERNMENT SERVICES 9/14/2023 9369/8-22-23AS General Fund Interdepartmental Zoom for Meetings Aug 2023 299.90 32724 Total 7,184.17
32725 INFINITY TECHNOLOGIES 9/14/2023 1667 General Fund DPW-Engineering GIS Support Svcs PW Eng Aug 2023 2,578.75 32725 INFINITY TECHNOLOGIES 9/14/2023 1702 General Fund Interdepartmental Contract IT Svc Aug 2023 9,894.50 32725 INFINITY TECHNOLOGIES 9/14/2023 1703 General Fund Planning General DATA Housing & ADU Research Plng Aug 2023 1,575.00 32725 Total 14,048.25
32726 LAGOMARSINO AL 9/14/2023 15 General Fund Administration Leaf Blower Rebate A. Lagomarsino Sept 2023 217.66 32726 Total 217.66
32727 LOS GATOS ROOFING 9/14/2023 BP23-00492/493 General Fund Refund Recycling Dep BP23-00492/493/494, 85 Isabella 1,650.00 32727 Total 1,650.00
32728 MAK CHU PEGGY 9/14/2023 BP19-00624 General Fund Refund Recyling Dep BP19-00624, 18 Linda Vista 1,000.00 32728 Total 1,000.00
32729 MCKINLEY ELEVATOR CORP 9/14/2023 A168032-IN General Fund DPW-Park Maint. Elevator Maint Svc HP Park Sep 2023 300.00 32729 Total 300.00
32730 METZGER DAVID 9/14/2023 Sept 13 2023 General Fund Police Lunch Motor Training D. Metzger PD 8/28/23 18.00 32730 METZGER DAVID 9/14/2023 Sept 13 2023 General Fund Police Lunch Motor Training D. Metzger PD 8/29/23 18.00 32730 METZGER DAVID 9/14/2023 Sept 13 2023 General Fund Police Lunch Motor Training D. Metzger PD 8/31/23 18.00 32730 Total 54.00
32731 MIP V WASTE (ECI) AIV LP 9/14/2023 202308565 General Fund Administration Landscape Compost Blend Admin Aug 2023 843.38 32731 Total 843.38
32732 MIRNOROUZI POUYAN 9/14/2023 14 General Fund Administration Leaf Blower Rebate P. Mirnorouzi Sept 2023 250.00 32732 Total 250.00
32733 MUNISERVICES LLC 9/14/2023 INV06-017177 General Fund Finance Business License (MUNI) Admin Services Fin Aug 2023 9,650.00

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32733 Total 9,650.00
32734 MYERS-STEVENS & TOOHEY CO. INC. 9/14/2023 1402755 General Fund Police Long-Term Disability PD Aug 2023 404.00 32734 MYERS-STEVENS & TOOHEY CO. INC. 9/14/2023 1402755 General Fund Police Short-Term Disability PD Aug 2023 404.00 32734 MYERS-STEVENS & TOOHEY CO. INC. 9/14/2023 1409290 General Fund Police Long-Term Disability PD Sep 2023 404.00 32734 MYERS-STEVENS & TOOHEY CO. INC. 9/14/2023 1409290 General Fund Police Short-Term Disability PD Sep 2023 404.00 32734 Total 1,616.00
32735 NGUYEN CHARLES 9/14/2023 312 General Fund Refund Park Dep Inv#312, 8/26/23 600.00 32735 Total 600.00
32736 PACIFIC PENINSULA GROUP 9/14/2023 BP-21-00498 General Fund Refund 2nd Utility Dep BP-21-00498, 70 Amador 5,000.00 32736 PACIFIC PENINSULA GROUP 9/14/2023 BP-21-00498A General Fund Refund Recyling Dep BP-21-00498, 70 Amador 1,000.00 32736 PACIFIC PENINSULA GROUP 9/14/2023 BP-21-00593 General Fund Refund Recycling Dep BP21-00593, 70 Amador 10,293.75 32736 Total 16,293.75
32737 PG & E 9/14/2023 08963023620/Aug2023 General Fund DPW-Park Maint. 160 Watkins (GM House) 7/25/23 -8/22/23 230.07 32737 PG & E 9/14/2023 34579695882/Aug2023 General Fund DPW-Street Maint. Signal El Camino/Atherton 7/25/23 -8/22/23 107.53 32737 Total 337.60
32738 PLAN JPA 9/14/2023 PLAN-2024-0028
General Liability
Fund
General Liability Claims# 4A2206D10Y6-0001, #4A2301TLT38-0001, #4A230521TQH-0001 Aug 2023 9,214.28
32738 Total 9,214.28
32739 SAN MATEO CNTY CONTROLLERS OFFICE 9/14/2023 23-Aug General Fund Allocation of Parking Penalties PD Aug 2023 250.00 32739 Total 250.00
32740 SAN MATEO CNTY INFO SERV DEPT 9/14/2023 1YAT12308 General Fund Police (2) Microwave Mux PD Aug 2023 164.51 32740 Total 164.51
32741 SATVAT ALI 9/14/2023 BP22-00379 General Fund Refund Recycling Dep BP22-00379, 234 Polhemus 1,000.00 32741 Total 1,000.00
32742 STANFORD UNIVERSITY 9/14/2023 355 General Fund Refund Park Dep Inv#355, 8/24/23 1,200.00 32742 Total 1,200.00
32743 SUPERION LLC 9/14/2023 384733 General Fund Building TRAKiT CSLB Integration Maint & Support Bldg 8/9/23 -8/8/24 1,819.13 32743 Total 1,819.13
32744 TAO DAVID 9/14/2023 13 General Fund Administration Leaf Blower Rebate D. Tao Sep 2023 250.00 32744 Total 250.00
32745 THOMAS SUE 9/14/2023 16 General Fund Administration Leaf Blower Rebate S. Thomas Sep 2023 212.05 32745 Total 212.05
32746 TURBO DATA SYSTEMS INC 9/14/2023 40999 General Fund Police (38) Electronic Citation Processing Fee PD Aug 2023 15.20 32746 TURBO DATA SYSTEMS INC 9/14/2023 41000 General Fund Police (10) E-Citation Lease PD Aug 2023 2,760.94 32746 Total 2,776.14
32747 VERDE DESIGN INC 9/14/2023 10-1612502 General Fund Landscape & Pedestrial Circulation Improvement HP Park 7/26/23 - 8/25/23 7,222.50
32747 Total 7,222.50
32748 WAGEWORKS INC. 9/14/2023 INV4456712 General Fund Police FSA Compliance Fee Nov 2022 142.40 32748 WAGEWORKS INC. 9/14/2023 INV5093897 General Fund Police FSA Compliance Fee Apr 2023 162.20 32748 Total 304.60
32749 WEST COAST ARBORISTS INC. 9/14/2023 203948 General Fund DPW-Street Maint. Tree Maint Svc Streets PW 8/1/23 -8/15/23 7,110.00 32749 Total 7,110.00
32750 WEX BANK 9/14/2023 91657223 General Fund Police Fuel Charges PD Aug 2023 9,232.22 32750 Total 9,232.22
32752 HOLIDAY LIGHTS INC. 9/19/2023 5177 Library Fund Tree Wrap Lighting Library Sep 2023 2,500.00 32752 HOLIDAY LIGHTS INC. 9/19/2023 5177 GF Projects Tree Wrap Lighting Town Sep 2023 2,500.00 32752 Total 5,000.00
32753 ABARCA GABRIELA 9/21/2023 Sep 12-15 2023 General Fund Police Breakfast CA CLETS Trng G. Abarca PD 9/12/23 24.18

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32753 ABARCA GABRIELA 9/21/2023 Sep 12-15 2023 General Fund Police Dinner CA CLETS Trng G. Abarca PD 9/12/23 -9/15/23 79.49 32753 ABARCA GABRIELA 9/21/2023 Sep 12-15 2023 General Fund Police Lunch CA CLETS Trng G. Abarca PD 9/11/23 11.19 32753 ABARCA GABRIELA 9/21/2023 Sep 12-15 2023 General Fund Police Snacks CA CLETS Trng G. Abarca PD 9/12/23 -9/15/23 38.51 32753 Total 153.37
32754 ADO PROFESSIONAL SOLUTIONS INC. 9/21/2023 12923161 General Fund Administration Temp Emp K. Sims Admin 7/12/23 -7/14/23 1,045.39 32754 ADO PROFESSIONAL SOLUTIONS INC. 9/21/2023 12948988 General Fund Administration Fingerprinting Temp Emp T. Allen Admin Aug2023 35.00 32754 Total 1,080.39
32755 ASG BUILDERS 9/21/2023 4 Measure M 2022 Overlay Project - 5% Retention Aug 2023 (1,045.70) 32755 ASG BUILDERS 9/21/2023 4 Measure M 2022 Overlay Project Aug 2023 20,914.00 32755 Total 19,868.30
32756 BAE URBAN ECONOMICS INC. 9/21/2023 2695-Aug23 General Fund Planning Atherton Inclusionary Feasibility Study Plng Aug 2023 7,384.25 32756 Total 7,384.25
32757 BAYSHORE PLUMBERS 9/21/2023 60788 General Fund DPW-Park Maint.

Plumbing Svc Snaked Sewer Line to Clear the Blockage Toilet HP Park May 2023 350.00
32757 BAYSHORE PLUMBERS 9/21/2023 63681 General Fund DPW-Park Maint. Plumbing Svc Snaked Sewer Line to clear Drain Line HP Park Jan 2023 345.00 32757 BAYSHORE PLUMBERS 9/21/2023 63948 General Fund DPW-Park Program Installed 40 gal Water Heater HP Park Feb 2023 4,500.00 32757 BAYSHORE PLUMBERS 9/21/2023 63952 General Fund DPW-Park Maint. Installed (2) Valves under the Sink HP Park Mar 2023 390.00 32757 BAYSHORE PLUMBERS 9/21/2023 64010 General Fund DPW-Park Maint. Replace New Sump Pump HP Park Apr 2023 2,895.00 32757 BAYSHORE PLUMBERS 9/21/2023 64032 General Fund DPW-Building Maint.

Install Ice Maker Line, Drilled Hole between Cabinet, & Install New shut Off Valve behind the Fridge Mar 2023 850.00
32757 BAYSHORE PLUMBERS 9/21/2023 64239 General Fund DPW-Park Maint. Remove Sump Pump & Install Provisional Pipe HP Park May 2023 950.00 32757 Total 10,280.00
32758 BICER KATHERINE 9/21/2023 20 General Fund Administration Leaf Blower Rebate K. Bicer Sep 2023 250.00 32758 Total 250.00
32759 BUSCHMAN SCOTT 9/21/2023 220128 General Fund Administration Centennial Celebration Photo Session & Digital Images Admin 9/24/23 425.00 32759 Total 425.00
32760 CALIFORNIA STATE DISBURSEMENT UNIT 9/21/2023 502-09-2023FR General Fund PR Batch 00502.09.2023 Garnishment 323.07 32760 CALIFORNIA STATE DISBURSEMENT UNIT 9/21/2023 502-09-2023NT General Fund PR Batch 00502.09.2023 Garnishment 177.69 32760 Total 500.76
32761 CHAIRS4EVENTS 9/21/2023 Sep 18 2023 General Fund Administration Furniture Rental for Centennial Celebration-50% Dep Admin 9/24/2023 1,258.96 32761 Total 1,258.96
32762 COMMUNITY PLAYGROUNDS INC.. 9/21/2023 23087-1 General Fund DPW-Park Maint. Install Timberform Playground Features HP Park Aug2023 43,981.18 32762 Total 43,981.18
32763 DROPS OF DOUGH LLC 9/21/2023 2230 General Fund Administration Event Equip Rental & 400 Ice Cream Sandwiches Centennial Celebration Admin 9/24/23 1,650.00
32763 Total 1,650.00
32764 DUTTA GINA 9/21/2023 Sep 11-15 2023 General Fund Police Lunch FTO Trng G. Dutta PD 9/11/23 18.00 32764 DUTTA GINA 9/21/2023 Sep 11-15 2023 General Fund Police Lunch FTO Trng G. Dutta PD 9/12/23 18.00 32764 DUTTA GINA 9/21/2023 Sep 11-15 2023 General Fund Police Lunch FTO Trng G. Dutta PD 9/13/23 16.09 32764 DUTTA GINA 9/21/2023 Sep 11-15 2023 General Fund Police Lunch FTO Trng G. Dutta PD 9/14/23 15.35 32764 DUTTA GINA 9/21/2023 Sep 11-15 2023 General Fund Police Lunch FTO Trng G. Dutta PD 9/15/23 18.00 32764 DUTTA GINA 9/21/2023 Sep 6-8 2023 General Fund Police Breakfast WLLE Trng G. Dutta PD 9/6/23 -9/8/23 66.86 32764 DUTTA GINA 9/21/2023 Sep 6-8 2023 General Fund Police Dinner WLLE Trng G. Dutta PD 9/6/23 -9/8/23 83.26 32764 DUTTA GINA 9/21/2023 Sep 6-8 2023 General Fund Police Lunch WLLE Trng G. Dutta PD 9/6/23 -9/8/23 33.17 32764 DUTTA GINA 9/21/2023 Sep 6-8 2023 General Fund Police Uber WLLE Trng G. Dutta PD 9/6/23 -9/8/23 52.81 32764 Total 321.54

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32765 GARAVAGLIA ARCHITECTURE INC. 9/21/2023 20230273 GF Projects Town of Atherton Station Bldg Improvements Aug 2023 5,917.73 32765 Total 5,917.73
32766 INTERWEST CONSULTING GROUP INC 9/21/2023 90881 General Fund Building Contract Bldg & Safety Svcs -58% Rev Bldg Aug 2023 121,462.56 32766 INTERWEST CONSULTING GROUP INC 9/21/2023 90881 General Fund Building Reimb Lease Dell Computer Bldg Aug 2023 (148.92) 32766 INTERWEST CONSULTING GROUP INC 9/21/2023 90882 General Fund Building Survey & Development Review and Alameda De La Pulgas Traffic Safety Improvement Project Aug 2023 6,125.00
32766 Total 127,438.64
32767 KRISTIN TIECHE 9/21/2023 ATH_092023 Library Fund Video Editing on Atherton Town & Train History Films 9/24/23 7,616.08 32767 Total 7,616.08
32768 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 9/21/2023 30903632 General Fund City Attorney Town Attorney Retainer Fees Aug 2023 17,000.00 32768 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 9/21/2023 30903641 General Fund City Attorney Town Attorney - Monsanto Aug 2023 1,020.00 32768 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 9/21/2023 30903642 General Fund City Attorney Town Attorney - Housing Element Aug 2023 84.00 32768 KRONICK MOSKOVITZ TIEDEMANN & GIRARD 9/21/2023 30903643 General Fund City Attorney Town Attorney - 25 Isabella Aug 2023 2,480.00 32768 Total 20,584.00
32769 LIEBERT CASSIDY WHITMORE 9/21/2023 238633 General Fund Administration Prof Services Re: ERMA Admin Mar 2023 1,825.00 32769 LIEBERT CASSIDY WHITMORE 9/21/2023 247051 General Fund Administration Prof Services Re: General Admin Jul 2023 261.00 32769 Total 2,086.00
32770 LIOR SUSAN TR 9/21/2023 APW23-00136 General Fund Refund Road Bond Dep APW23-00136, 66 Virginia 2,500.00 32770 Total 2,500.00
32771 LUIS MARTINEZ PAINTING 9/21/2023 BP22-00532 General Fund Refund Recycling Dep BP22-00532, 484 Walsh 1,000.00 32771 Total 1,000.00
32772 MAK CHU PEGGY 9/21/2023 BP19-00624 General Fund Refund 2nd Utility Dep BP19-00624, 18 Linda Vista 5,000.00 32772 MAK CHU PEGGY 9/21/2023 BP19-00634 General Fund Refund Recycling Dep BP19-00634, 18 Linda Vista 7,511.63 32772 Total 12,511.63
32773 MCE CORPORATION 9/21/2023 2307024 General Fund DPW-Building Maint. Contract Maint Svcs Facilities Jul 2023 940.93 32773 MCE CORPORATION 9/21/2023 2307024 Library Fund Contract Maint Svcs Library Jul 2023 152.90 32773 MCE CORPORATION 9/21/2023 2307024 General Fund DPW-Park Maint. Contract Maint Svcs HP Parks Jul 2023 4,483.19 32773 MCE CORPORATION 9/21/2023 2307024 General Fund DPW-Street Maint. Contract Maint Svcs Streets Jul 2023 22,189.13 32773 MCE CORPORATION 9/21/2023 2308022 General Fund DPW-Building Maint. Contract Maint Svcs Facilities Aug 2023 3,936.06 32773 MCE CORPORATION 9/21/2023 2308022 Library Fund Contract Maint Svcs Library Aug 2023 152.90 32773 MCE CORPORATION 9/21/2023 2308022 General Fund DPW-Park Maint. Contract Maint Svcs HP Parks Aug 2023 7,573.93 32773 MCE CORPORATION 9/21/2023 2308022 General Fund DPW-Street Maint. Contract Maint Svcs Streets Aug 2023 23,372.03 32773 Total 62,801.07
32774 ODP BUSINESS SOLUTIONS LLC 9/21/2023 328690000000 General Fund Interdepartmental (1) Board Foam Aug 2023 44.98 32774 ODP BUSINESS SOLUTIONS LLC 9/21/2023 328690000000 General Fund Administration (3) pk Posterboards Admin Aug 2023 9.71 32774 ODP BUSINESS SOLUTIONS LLC 9/21/2023 329262000000 General Fund Administration (2) ca Paper Admin Aug 2023 173.88 32774 ODP BUSINESS SOLUTIONS LLC 9/21/2023 329271000000 General Fund Planning (2/3) rm Paper, 1/3) pk Facial Tissue, (1/3) ct Disinfectant Wipes Plng Aug 2023 21.54
32774 ODP BUSINESS SOLUTIONS LLC 9/21/2023 329271000000 General Fund Building (2/3) rm Paper, 1/3) pk Facial Tissue, (1/3) ct Disinfectant Wipes Bldg Aug 2023 21.55
32774 ODP BUSINESS SOLUTIONS LLC 9/21/2023 329271000000 General Fund DPW-Engineering (2/3) rm Paper, 1/3) pk Facial Tissue, (1/3) ct Disinfectant Wipes PW Eng Aug 2023 21.54
32774 ODP BUSINESS SOLUTIONS LLC 9/21/2023 329911000000 General Fund Administration (1) Snacks Variety Pack Admin Aug 2023 38.99 32774 ODP BUSINESS SOLUTIONS LLC 9/21/2023 329911000000 General Fund Administration (1) pk Chips, (1) bx Variety Cookies, (1) Nutrigrain, (1) pk Crackers Admin Aug 2023 206.95
32774 ODP BUSINESS SOLUTIONS LLC 9/21/2023 329912000000 General Fund Administration (1) ca Diet Coke, (1) ca Sprite Admin Aug 2023 52.48 32774 ODP BUSINESS SOLUTIONS LLC 9/21/2023 330707000000 General Fund Police (2) pk Lamin Pouch, (1) bx Portfolio, (1) Liq Soap, (1) pk Pad, (1) Coffee PD 9/3/23 64.07
32774 Total 655.69

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32775 ODP BUSINESS SOLUTIONS LLC 9/21/2023 326949000000 General Fund Building (1/3) pk Clear Tape, (1/3) ct Paper Bldg Aug 2023 23.23 32775 ODP BUSINESS SOLUTIONS LLC 9/21/2023 326949000000 General Fund Planning (1/3) pk Clear Tape, (1/3) ct Paper Plng Aug 2023 23.23 32775 ODP BUSINESS SOLUTIONS LLC 9/21/2023 326949000000 General Fund DPW-Engineering (1/3) pk Clear Tape, (1/3) ct Paper PW Eng Aug 2023 23.23 32775 ODP BUSINESS SOLUTIONS LLC 9/21/2023 328025000000 General Fund Building (1) dz Pen, (1/3) bx Bandage, (1/3) pk Scotch-Brite, (1/3) pk Tissue, (1/3) Dishwasher Bldg Sep 2023 28.86
32775 ODP BUSINESS SOLUTIONS LLC 9/21/2023 328025000000 General Fund Planning (1/3) bx Bandage, (1/3) pk Scotch-Brite, (1/3) pk Tissue, (1/3) Dishwasher Plng Sep 2023 13.18
32775 ODP BUSINESS SOLUTIONS LLC 9/21/2023 328025000000 General Fund DPW-Engineering (1/3) bx Bandage, (1/3) pk Scotch-Brite, (1/3) pk Tissue, (1/3) Dishwasher PW Eng Sep 2023 13.18
32775 Total 124.91
32776 PACIFIC PENINSULA GROUP 9/21/2023 APW22-00035 General Fund Refund Road Bond Dep APW22-00035, 286 Austin 2,500.00 32776 Total 2,500.00
32777 PATRICK HAWKINS PRINTING INC. 9/21/2023 20476 General Fund Police (4) bx #10 Regular Envelopes PD Sep 2023 245.78 32777 Total 245.78
32778 PG & E 9/21/2023 56788311910/Aug2023 General Fund DPW-Park Program Activity Bldg 150 Watkins 7/31/23 -8/28/23 185.22 32778 PG & E 9/21/2023 56788311910/Aug2023 General Fund DPW-Park Program Modular Bldg 150 Watkins 7/31/23 -8/28/23 577.42 32778 PG & E 9/21/2023 56788311910/Aug2023 General Fund DPW-Park Maint. Park Pump150 Watkins7/31/23 -8/28/23 1,090.72 32778 PG & E 9/21/2023 56788311910/Aug2023 General Fund DPW-Street Maint. Signal Marsh-Middlefield 7/26/23 -8/23/23 59.89 32778 PG & E 9/21/2023 56788311910/Aug2023 General Fund DPW-Street Maint. Signal Middlefield-Oak Grove 7/26/23 -8/23/23 77.71 32778 PG & E 9/21/2023 56788311910/Aug2023 General Fund DPW-Street Maint. Street Lights 8/1/23 -8/29/23 4,693.93 32778 Total 6,684.89
32779 PRI MANAGEMENT GROUP 9/21/2023 Nov 30 2023 General Fund Police Intro to Sealing/Expunging Rec Trng Reg Fee D. Allen PD 11/30/23 159.00 32779 Total 159.00
32780 PRONSKE KRYSTAL 9/21/2023 Aug 22-24 2023 General Fund Police Breakfast Post K9 Law Enf Guidelines Update Trng K. Pronske PD 8/22/23 - 8/24/23 31.15
32780 PRONSKE KRYSTAL 9/21/2023 Aug 22-24 2023 General Fund Police Dinner Post K9 Law Enf Guidelines Update Trng K. Pronske PD 8/22/23 - 8/24/23 55.49
32780 PRONSKE KRYSTAL 9/21/2023 Aug 22-24 2023 General Fund Police Lunch Post K9 Law Enf Guidelines Update Trng K. Pronske PD 8/22/23 - 8/24/23 26.31
32780 PRONSKE KRYSTAL 9/21/2023 Aug 22-24 2023 General Fund Police Mileage Post K9 Law Enf Guidelines Update Trng K. Pronske PD 8/22/23 - 8/24/23 157.20
32780 Total 270.15
32781 RODERICKS GEORGE 9/21/2023 Sep 15 2023 General Fund Administration Tech Reimb iPhone15 CM G. Rodericks Admin Sep 2023 1,406.17 32781 Total 1,406.17
32782 SAN MATEO CNTY DEPT PUBLIC WORKS 9/21/2023 134-23 Gas Tax Road Improvement Costs for the Portion of Encina Ave Sep 2023 31,955.00 32782 SAN MATEO CNTY DEPT PUBLIC WORKS 9/21/2023 134-23 GF Projects Road Improvement Costs for the Portion of Encina Ave Sep 2023 27,500.00 32782 Total 59,455.00
32783

SAN MATEO CNTY PUBLIC SAFETY
COMMUNICATIONS 9/21/2023 ATPD-MSS 24-01 General Fund Police Message Switch PD Jul-Sep 2023 3,225.00 32783 Total 3,225.00
32784 SHARP ELECTRONICS CORPORATION 9/21/2023 80902563 General Fund Police Lease Copier Sharp MX-4071 PD Sep 2023 245.33 32784 Total 245.33
32785 SHARP ELECTRONICS CORPORATION 9/21/2023 9004357213 General Fund Police Billable Copies (893) BW & (478) Colored PD 2/27/23 -5/31/23 26.05 32785 Total 26.05
32786 SMC DEPT OF EMER MGMT - JPA 9/21/2023 FY23-24JPA001 General Fund Police Countywide Emerg Svc, State Mandated Planning Svc & Hazardous Material PD FY2023-24 32,508.00
32786 Total 32,508.00
32787 SMELLY MEL'S PLUMBING INC 9/21/2023 APW23-00180 General Fund Refund Road Bond Dep APW23-00180, 152 Tuscaloosa 2,500.00 32787 Total 2,500.00

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32788 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 9/21/2023 678882 General Fund Police (2) Fingerprint Apps PD Aug 2023 64.00 32788 Total 64.00
32789 SUAREZ AND MUNOZ CONSTRUCTION INC 9/21/2023 1 GF Projects HP Parp Access and Circulation Improvement Project -5% Retention 8/14/23 -8/31/23 (10,792.36)
32789 SUAREZ AND MUNOZ CONSTRUCTION INC 9/21/2023 1 GF Projects HP Parp Access and Circulation Improvement Project 8/14/23 -8/31/23 215,847.25 32789 Total 205,054.89
32790 SUTTER EAP 9/21/2023 Q2 2023 General Fund Interdepartmental Employee Assistance Services Apr-Jun 2023 484.00 32790 Total 484.00
32791 SYSERCO INC. 9/21/2023 12852 Library Fund Svc Support Program Energy Maint System Bldg Maint Library Sep 2023 1,716.63 32791 SYSERCO INC. 9/21/2023 12852 General Fund DPW-Building Maint. Svc Support Program Energy Maint System Bldg Maint Town Sep 2023 735.70 32791 Total 2,452.33
32792 TELECOMMUNICATIONS ENGINEERING 9/21/2023 48407 General Fund Police Facilities Mgmt & Maint Public Safety Comm Center PD Sep 2023 2,603.50 32792 Total 2,603.50
32793 TIAA COMMERCIAL FINANCE INC. 9/21/2023 9688077 General Fund Police Lease Sharp MX-M3570 Copier PD Sep 2023 217.08 32793 Total 217.08
32794 TONY'S CLEAN TEAM LLC 9/21/2023 15-3457 Library Fund Janitorial Maint Svcs Library 8/12/23 -9/11/23 4,745.00 32794 TONY'S CLEAN TEAM LLC 9/21/2023 15-3457 General Fund DPW-Park Maint. Janitorial Maint Svcs HP Park 8/12/23 -9/11/23 3,220.00 32794 TONY'S CLEAN TEAM LLC 9/21/2023 15-3457 General Fund DPW-Building Maint. Janitorial Maint Svcs Town 8/12/23 -9/11/23 10,957.00 32794 Total 18,922.00
32795 TRIPEPI SMITH & ASSOCIATES INC. 9/21/2023 10827 General Fund Administration Athertonian Newsletter Q3 Fall Admin 3,300.00 32795 Total 3,300.00
32796 TURBO DATA SYSTEMS INC 9/21/2023 41001 General Fund Police Traffic Citation Processing PD Aug 2023 1,014.00 32796 Total 1,014.00
32797 WESTERN STAR NURSERIES LLC 9/21/2023 181458 General Fund Administration (100) Tree Giveaway for Town Centennial Celebration Admin 9/24/23 5,358.88 32797 Total 5,358.88
32798 WHISKEY HILL ENTERPRISES II INC 9/21/2023 9/11/2023 General Fund Administration (1) Cake for Town Centennial Celebration Admin 9/24/23 408.00 32798 Total 408.00
32799 YUNG HELENA 9/21/2023 19 General Fund Administration Leaf Blower Rebate H. Yung Sep 2023 218.65 32799 Total 218.65
32800 ZONES IT SOLUTIONS INC. 9/21/2023 W03530750102 General Fund Interdepartmental (3) Cloud Subscriptions Office 365 9/16/23 -10/16/23 64.95 32800 ZONES IT SOLUTIONS INC. 9/21/2023 W03530770102 General Fund Interdepartmental (1) Cloud Subscriptions Visio Plan 9/17/23 -10/17/23 14.12 32800 Total 79.07
32801 ADO PROFESSIONAL SOLUTIONS INC. 9/28/2023 12985036 General Fund Administration Temp Emp T. Allen Admin 9/11/23 -9/15/23 1,592.86 32801 ADO PROFESSIONAL SOLUTIONS INC. 9/28/2023 12991638 General Fund Administration Temp Emp T. Allen Admin 9/18/23 -9/24/23 1,941.98 32801 Total 3,534.84
32802 ANDRUHA DIMITRI 9/28/2023 Sep 11-15 2023 General Fund Police Lunches FTO Trng D. Andruha PD 9/11/23 -9/15/23 66.08 32802 ANDRUHA DIMITRI 9/28/2023 Sep 11-15 2023 General Fund Police Mileage FTO Trng D. Andruha PD 9/11/23 -9/15/23 5.89 32802 Total 71.97
32803 AT&T MOBILITY 9/28/2023 388102X09192023 General Fund Police Data Mobile Communications PD 8/12/23 - 9/11/23 1,595.69 32803 Total 1,595.69
32804 BELL PLUMBING OF SAN MATEO INC. 9/28/2023 APW23-00078 General Fund Refund Road Bond Dep APW23-00078, 126 Stockbridge 2,500.00 32804 Total 2,500.00
32805 BIANCHINI'S CATERING 9/28/2023 45720 General Fund Police Catering Svc -Breakfast Training PD 9/26/23 311.72 32805 BIANCHINI'S CATERING 9/28/2023 45721 General Fund Police Catering Svc -Breakfast Training PD 9/28/23 311.72

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32805 BIANCHINI'S CATERING 9/28/2023 45723 General Fund Police Catering Svc -Lunches Training PD 9/26/23 312.45 32805 BIANCHINI'S CATERING 9/28/2023 45724 General Fund Police Catering Svc -Lunches Training PD 9/28/23 299.00 32805 Total 1,234.89
32806 BRIGHTVIEW LANDSCAPE SERVICES INC. 9/28/2023 8473835 General Fund DPW-Park Maint. Landscaping Maint Svc HP Park Jul 2023 17,927.01 32806 BRIGHTVIEW LANDSCAPE SERVICES INC. 9/28/2023 8473835 Library Fund Landscaping Maint Svc Library Jul 2023 2,150.67 32806 BRIGHTVIEW LANDSCAPE SERVICES INC. 9/28/2023 8473835 Tennis Fund Landscaping Maint Svc Tennis Court Jul 2023 815.15 32806 BRIGHTVIEW LANDSCAPE SERVICES INC. 9/28/2023 8473835 General Fund Landscaping Maint Svc Town Center Jul 2023 1,811.50 32806 BRIGHTVIEW LANDSCAPE SERVICES INC. 9/28/2023 8562313 Library Fund Landscaping Maint Svc Library Sept 2023 2,150.67 32806 BRIGHTVIEW LANDSCAPE SERVICES INC. 9/28/2023 8562313 General Fund DPW-Park Maint. Landscaping Maint Svc HP Park Sept 2023 17,927.01 32806 BRIGHTVIEW LANDSCAPE SERVICES INC. 9/28/2023 8562313 Tennis Fund Landscaping Maint Svc Tennis Court Sept 2023 815.15 32806 BRIGHTVIEW LANDSCAPE SERVICES INC. 9/28/2023 8562313 General Fund DPW-Building Maint. Landscaping Maint Svc Town Center Sept 2023 1,811.50 32806 Total 45,408.66
32807 BRIGHTVIEW LANDSCAPE SERVICES INC. 9/28/2023 8468914 GF Projects Remove Dead/Declining Plants, Amend Soil, Irrigation Coverage, Plant Installation and Mulch HP Park Jun 2023 69,658.33
32807 BRIGHTVIEW LANDSCAPE SERVICES INC. 9/28/2023 8553561 General Fund DPW-Park Maint. Pathway Renovation from Asphalt to DG HP Park Aug 2023 80,000.00 32807 Total 149,658.33
32808 CAPITAL ACCOUNTING PARTNERS LLC 9/28/2023 81293 General Fund Finance User Fee Cost Allocation Plan Phase 3 Fin Sep 2023 1,260.00 32808 Total 1,260.00
32809 CAROUSEL INDUSTRIES 9/28/2023 IN524867 General Fund Police Potential Vulnerability within the FortiOS & FortiProxy Interface Upgrade Cloud Comm Svc PD Aug 2023 191.10
32809 Total 191.10
32810 DB LIN CONSTRUCTION LLC 9/28/2023 BP23-00482 General Fund Refund Recycling Dep BP23-00482, 1 Gresham 3,712.50 32810 Total 3,712.50
32811 DE LAGE LANDEN FINANCIAL SERVICES INC. 9/28/2023 80954380 General Fund Police Sharp MX-4071 Copier -Property Tax Annual Fee PD 9/16/23 57.14 32811 Total 57.14
32812 DOOLEY ENTERPRISES INC. 9/28/2023 66457 General Fund Police Ammunition (1) 38 Special 130gr Range PD Sept 2023 581.85 32812 Total 581.85
32813 ELLISON'S TOWING 9/28/2023 104280 General Fund Police Towing Services 2012 Chevrolet Tahoe PD 9/21/2023 135.00 32813 Total 135.00
32814 FLAMINGDOGS LLC 9/28/2023 1278 General Fund Police (235) Hotdogs, Burgers & Drinks for Bike Rodeo Event PD 9/30/23 987.35 32814 Total 987.35
32815 FOLGER GRAPHICS INC 9/28/2023 137118 General Fund Administration (27) PVC Posters Atherton Centennial Celebration Admin 9/24/23 1,465.23 32815 FOLGER GRAPHICS INC 9/28/2023 137119 General Fund Administration (500) Passport Cards Atherton Centennial Celebration Admin 9/24/23 422.19 32815 FOLGER GRAPHICS INC 9/28/2023 137122 General Fund Administration (300) Lloyden Park Brochure Admin Sep 2023 376.25 32815 Total 2,263.67
32816 FONG JON 9/28/2023 Sep 20 2023 General Fund Police Cab Museum of Tolerance Trng J. Fong PD 9/19/23 63.95 32816 FONG JON 9/28/2023 Sep 20 2023 General Fund Police Meal Museum of Tolerance Trng J. Fong PD 9/19/23 69.00 32816 FONG JON 9/28/2023 Sep 20 2023 General Fund Police Meal Museum of Tolerance Trng J. Fong PD 9/20/23 69.00 32816 FONG JON 9/28/2023 Sep 20 2023 General Fund Police Mileage Museum of Tolerance Trng J. Fong PD 9/19-9/20/23 22.40 32816 Total 224.35
32817 HAWKINS-MANUELIAN DIANA 9/28/2023 Sep 20 2023 General Fund Police Cookies & Supplies for ADAPT PR Events D. Hawkins-Manuelian PD Sep 2023 419.86
32817 Total 419.86
32818 HEYES MEGAN 9/28/2023 Sep 25 2023 General Fund Police Livescan M. Heyes PD Sep 2023 35.00 32818 Total 35.00
32819 IJUMP LLC 9/28/2023 Sep 22 2023 General Fund Administration Inflatable Jumper Rental for Bike Rodeo Event PD 9/30/23 487.45 32819 Total 487.45
32820 KNIGHT ROOFING SERVICES 9/28/2023 BP23-00422 General Fund Refund Recycling Dep BP23-00422, 23 Belbrook 518.00

Check# Vendor Name Check Date Invoice# Fund Dept Description Amount 32820 Total 518.00
32821 ODP BUSINESS SOLUTIONS LLC 9/28/2023 327428862001 General Fund Administration (4) pk 20x23 Wall Pad Admin Sept 2023 47.01 32821 ODP BUSINESS SOLUTIONS LLC 9/28/2023 327431781001 General Fund Administration (1) 5x10 Notebook Admin Sept 2023 24.49 32821 ODP BUSINESS SOLUTIONS LLC 9/28/2023 331499532001 General Fund Administration (3) Drive USB 128GB Admin Sept 2023 87.25 32821 Total 158.75
32822 PACIFIC PENINSULA GROUP 9/28/2023 BP23-00159 General Fund Refund Recycling Dep BP23-00159, 75 Fairview 13,771.88 32822 Total 13,771.88
32823 PET FOOD EXPRESS 9/28/2023 147-2309SJ General Fund Police K9 Food Jessie D. Romero PD Sep 2023 62.32 32823 Total 62.32
32824 PUI ON YIP CO 9/28/2023 BP20-00859 General Fund Refund 2nd Utility Dep BP20-00859, 333 Atherton 5,000.00 32824 Total 5,000.00
32825 ROMERO DIEGO 9/28/2023 Sep 11-15 2023 General Fund Police Lunch FTO Trng D. Romero PD 9/11/23 18.00 32825 ROMERO DIEGO 9/28/2023 Sep 11-15 2023 General Fund Police Lunch FTO Trng D. Romero PD 9/12/23 18.00 32825 ROMERO DIEGO 9/28/2023 Sep 11-15 2023 General Fund Police Lunch FTO Trng D. Romero PD 9/13/23 17.99 32825 ROMERO DIEGO 9/28/2023 Sep 11-15 2023 General Fund Police Lunch FTO Trng D. Romero PD 9/15/23 18.00 32825 Total 71.99
32826 SHUM KARENA 9/28/2023 Sep 6-8 2023 General Fund Police Meal WLLE Trng K. Shum PD 9/5/23 60.12 32826 SHUM KARENA 9/28/2023 Sep 6-8 2023 General Fund Police Meal WLLE Trng K. Shum PD 9/6/23 69.00 32826 SHUM KARENA 9/28/2023 Sep 6-8 2023 General Fund Police Meal WLLE Trng K. Shum PD 9/7/23 55.41 32826 SHUM KARENA 9/28/2023 Sep 6-8 2023 General Fund Police Meal WLLE Trng K. Shum PD 9/8/23 69.00 32826 SHUM KARENA 9/28/2023 Sep 6-8 2023 General Fund Police Mileage WLLE Trng K. Shum PD 9/6/23 -9/8/23 43.49 32826 SHUM KARENA 9/28/2023 Sep 6-8 2023 General Fund Police Trans WLLE Trng K. Shum PD 9/6/23 -9/8/23 47.66 32826 Total 344.68
32827 SILVERADO VALLEY ELECTRIC 9/28/2023 11636 GF Projects Tracing out The Power for the Column Light for Entrance & Exit Assoc w/HPP Access & Circulation HP Park 8/29/23 250.00
32827 SILVERADO VALLEY ELECTRIC 9/28/2023 11636 GF Projects Tracing out Additional Power that was still on at the LB Assoc w/HPP Access & Circulation HP Park 9/18/23 312.50
32827 Total 562.50
32828 SUSAN WARREN 9/28/2023 Sep 20 2023 General Fund Police Supplies for ADAPT PR Events S. Warren PD Sep 2023 29.98 32828 Total 29.98
32829 SUTTER STEVEN 9/28/2023 235456 General Fund Police (6) NexGard, (12) Heartgard, (1) Bordetella K9 Jessie D. Romero PD 9/26/23 335.08
32829 Total 335.08
32830 SUTTER EAP 9/28/2023 Q3 2023 General Fund Interdepartmental Employee Assistance Services Jul-Sep 2023 480.00 32830 Total 480.00
32831 WAGEWORKS INC. 9/28/2023 INV5680650 General Fund Police FSA Compliance Fee PD Sep 2023 168.80 32831 Total 168.80
32832 WEST COAST ARBORISTS INC. 9/28/2023 204626 General Fund DPW-Street Maint. Tree Maintenance Svc PW 8/16/23 -8/31/23 4,160.00 32832 Total 4,160.00
32833 WIDMER BILL 9/28/2023 Sep 21 2023 General Fund City Council Lodging League of CA Cities Conf Mayor B. Widmer 9/21/23 220.27 32833 Total 220.27
32834 ZACHARY ALEXANDER PACE 9/28/2023 INV0001 General Fund Police Website Hosting Transfer ADAPT PD Sep 2023 315.00 32834 Total 315.00
Grand Total 1,178,495.63

Town of Atherton City Council Regular Meeting Minutes – September 20, 2023

REGULAR MEETING
CALL TO ORDER: Vice Mayor Hawkins-Manuelian called the meeting to order at 6:01 p.m.

PLEDGE OF ALLEGIANCE
ROLL CALL – Holland, DeGolia, Lewis, Vice Mayor Hawkins-Manuelian, Mayor Widmer (Virtual) – Present
Council approved Mayor Widmer’s remote participation under AB 2449 “Just Cause” provision.

PRESENTATIONS
• Proclamation for Recovery Happens Month
Vice Mayor Hawkins-Manuelian read the proclamation and Sydney Reynolds spoke on behalf of San Mateo County Voices of Recovery.
• Proclamation for Suicide Prevention Month
PUBLIC COMMENTS – None
DISCLOSURE OF EX PARTE COMMUNICATIONS – City Council Members Widmer disclosed his attendance at neighborhood meetings related to Housing items.

DEPARTMENTAL WRITTEN REPORT
No Comments.

REPORT OUT OF CLOSED SESSION - None
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.

MINUTES
Town of Atherton
City Council
SEPTEMBER 20, 2023

REGULAR MEETING

Town of Atherton City Council Regular Meeting Minutes – September 20, 2023

2. APPROVAL OF MINUTES FOR APRIL 20, JULY 19, AUGUST 10, AUGUST 30, SEPTEMBER 6, AND SEPTEMBER 12, 2023.

3. ACCEPTANCE OF TREASURER’S REPORT FOR THE THIRD QUARTER ENDED MARCH 31, 2023

4. ACCEPTANCE OF TREASURER’S REPORT FOR THE FOURTH QUATER ENDED JUNE 30, 2023.

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.

Adopted Resolution No. 2023-19

6. CONSIDERATION OF AMENDMENTS TO THE COMMITTEE AND COMMISSION

RESOLUTION DISSOLVING THE RAIL COMMITTEE
Adopted Resolution No. 2023-20
Public Comment:
• John Maulbetsch

7. APPROVE A TASK ORDER WITH INTERWEST CONSULTING GROUP FOR THE

DESIGN AND CONSTRUCTION MANAGEMENT OF THE HOLBROOKPALMER

PARK PLAYGROUND IMPROVEMENTS PROJECT
Council comments were received.

Public Comments were received on this item.

8. THIRD AMENDMENT TO THE AGREEMENT FOR TENNIS FACILITY

MANAGEMENT SERVICES BETWEEN THE TOWN AND PLAYER CAPITAL TENNIS
Council comments were received.

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
Council comments were received.

MOTION by Widmer Second by LEWIS to approve the Consent Agenda Items 1 – 9.

Town of Atherton City Council Regular Meeting Minutes – September 20, 2023

AYES: Holland, DeGolia, Lewis, Hawkins, Widmer
NOES:

ABSENT:

ABSTAIN:

PUBLIC HEARING (Items 10)

10. WAIVE THE FIRST READING AND INTRODUCE BY TITLE ONLY, ANORDINANCE ADDING SECTION 12.06.030D 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
Public Works Director Ovadia presented the report.

Public Comment:
• Jim Massey
• Frank Burke
• Judy Stroyer
• Bob Roser
• David Barca
• Walter Robinson
• Sharon Hume
Council discussed issues related to timing, liability, State law, past practice, cost, and development of an assessment program.

City Manager Rodericks addressed comments related to liability for damages and Ovadia responded to questions related to damages trees can cause to streets and sidewalks and maintenance responsibilities along El Camino Real.

Council directed staff to return with a comprehensive sidewalk assessment and replacement program. The Council directed that the Town be responsible for the costs related to assessment and basic grinding; but, that remedial work beyond basic grinding should be the responsibility of the adjacent property owner, unless otherwise directed after review of the program.

MOTION by DeGolia, Second by Widmer as amended to waive the first reading and introduce by title only, an Ordinance adding Section 12.06.030D 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.

AYES: Holland, DeGolia, Lewis, Hawkins, Widmer
NOES:

ABSENT:

ABSTAIN:

Town of Atherton City Council Regular Meeting Minutes – September 20, 2023

REGULAR AGENDA (Items 11 – 14)

11. RESPONSE TO GRAND JURY REPORT: “BIKE SAFETY IN SAN MATEO COUNTY: MAKING BICYCLING SAFER IN THE COUNTY”
Police Chief McCulley made the presentation noting an updated Bicycle and Pedestrian Master Plan update is needed and additional community outreach.

Council had questions about enforcement of recommendations contained in the report and revisions were suggested related to dates/timelines for updating the Bike and Pedestrian Master Plan.

MOTION by Widmer, Second by DeGolia to approve and authorize the Mayor to sign the Grand Jury response letter, as modified
AYES: Holland, DeGolia, Lewis, Hawkins, Widmer
NOES:

ABSENT:

ABSTAIN:

12. REVIEW AND RECOMMEND POTENTIAL MULTIFAMILY HOUSING SITES AND

LAND USE STRATEGIES TO INCLUDE IN THE PROJECT DESCRIPTION FOR THE ENVIRONMENTAL REVIEW OF THE 6 CYCLE HOUSING ELEMENT Town Planner Housing Element Project Manager, Bendix began the presentation to review potential multifamily housing sites and land use strategies. She noted that selected sites will be included in the project description, which is a required step in beginning environmental review pursuant to California Environmental Quality Act (CEQA).

It was noted that for the purposes of the Housing Element, the Menlo Circus Club and Cal Water have stated they have no intent to add workforce housing during the next Housing Element cycle.

Public Comment:
• Pamula Riddle
• Nauneet Dalal
• Elizabeth Jensen
• Woodsen Martin
• Paul McDonald
• Gary George
• Bob Polito
• David Mark
• Rod Shephard
• Jeff Morris
• Han

Town of Atherton City Council Regular Meeting Minutes – September 20, 2023

• Jim White
• Dan
• Damon Mamalakis, CalWater
Council discussed projects outside of the Atherton’s jurisdiction that might have an impact on traffic and Council held a robust discussion related to which sites to exclude or include and at what development density levels.

Assistant Town Attorney Booher provided insight related to the CEQA process Council directed that the properties on Bay Road be reduced to 10 units per acre for the purposes of CEQA; that the Ravenswood properties and properties in the POS Zone also be reduced to 10 units per acre; and that the only area to be analyzed in Holbrook-Palmer Park will be the area where the Gilmore House is located.

MOTION by Lewis, Second by Holland to approve properties on Bay Road be reduced to 10 units per acre, Ravenswood properties and properties in the POS Zone be reduced to 10 units per acre and to only include the area occupied by the Gilmore House within Holbrook Palmer park for the purposes of CEQA.

AYES: Holland, DeGolia, Lewis, Hawkins
NOES:

ABSENT: Widmer
ABSTAIN:

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
City Manager Rodericks presented the item providing the benefits of adding the support to assist with the remaining stages to be completed for the Housing Element.

Council discussed issues related to potential findings of the affordability study, the need for the study at this time, the value of the marketing assistance, and value of the lobbyist services.

Public Comment:
• Nauneet Dalal
• Bob Polito
• Rod Sheppard
Council directed staff to move forward with engaging support for marketing and lobbyist assistance, but not the affordability study at this time.

Town of Atherton City Council Regular Meeting Minutes – September 20, 2023

14. PICKLEBALL PILOT AT HOLBROOKPALMER PARK
Public Works Director Ovadia presented the item and reviewed potential court medications and sound baffling options for Council consideration.

Public Comments:
• Bob Roser
• Walt Robinson
Council discussed issues related to number of courts, funding, key logistics, baffling, cost, striping, and fees.

Council directed that staff move forward with the trial as presented, discuss the striping proposed with Player Capital Tennis, and seek to borrow the baffling from the Circus Club. Council authorized staff to determine the best approach regarding purchasing noise mitigation materials.

COUNCIL REPORTS/COMMENTS – None
FUTURE AGENDA ITEMS – None

ADJOURN
Vice Mayor Hawkins-Manuelian adjourned the meeting at 11:01 pm. ________________________
Anthony Suber, City Clerk

Town of Atherton City Council Special Meeting – October 4, 2023

Mayor Widmer called the meeting to order at 3:01 p.m.

SPECIAL MEETING
ROLL CALL - Holland, DeGolia (Absent), Lewis, Vice Mayor Hawkins­Manuelian, Mayor Widmer - Present

PUBLIC COMMENTS
• Amy Farrell, Environmental Programs Committee Chair
• Carol Flaherty

PRESENTATIONS
Staff Introductions:
• Tim Au, Associate Engineer – Public Works Department
Public Works Director Ovadia introduced Tim Au.
• Jeannette Tapiru, Junior Accountant – Finance Division Finance Director Barron III introduced Jeannette Tapiru.

ACTION ITEMS

1. ADOPT A RESOLUTION TO APPROVE THE 2023 CLIMATE ACTION PLAN UPDATE

AND CEQA NOTICE OF EXEMPTION
Management Analyst Londer presented the 2023 Climate Action Plan Update to Council. Londer reviewed new additions to the 2023 CAP and highlighted key milestones and target reduction dates. She continued to review Atherton’s Greenhouse Gas emission inventory and provided details on the source of data. Londer reviewed key strategies for reduction in each of the four (4) primary categories, which are Building Energy, Transportation, Solid Waste, and Carbon Sequestration and Water Use. Londer later introduced a CAP dashboard that will allow the public to interactively engage with the CAP via the Town website.

MINUTES
Town of Atherton
City Council
OCTOBER 4, 2023
SPECIAL MEETING – STUDY SESSION

Town of Atherton City Council Special Meeting – October 4, 2023

Council discussed various details related to the strategies introduced across all four focus areas and provided a few minor suggested revisions.

Public Comments:
• Amy Farrell, EPC Chair
• Carrol Flaherty
• Mike Childs
• Jim Massey
Council directed staff return in Spring 2024 with an update to the Technical Appendix and a new section focused on Resiliency.

MOTION by Hawkins-Manuelian, Second by Holland to adopt a Resolution to approve the 2023 Climate Action Plan Update as amended and approve the CEQA Notice of Exemption.

AYES: Holland, Lewis, Hawkins, Widmer
NOES:

ABSENT: DeGolia
ABSTAIN:

COUNCIL REPORTS/COMMENTS – None

ADJOURN
Mayor Widmer adjourned the meeting at 5:00 p.m.
________________________
City Clerk, Anthony Suber

Item No. 3
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: OCTOBER 18, 2023
SUBJECT: APPROVAL OF A BUDGET AMENDMENT FOR LOBBYIST

SERVICES AND PUBLIC EDUCATION ASSISTANCE

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.

BACKGROUND
At the September Regular Meeting, the City Council authorized staff to enter into service agreements with Joe Gonsalves & Son for Lobbyist Services and Tripepi-Smith for Marketing and Public Education Assistance Services for the Housing Element. Staff entered into these agreement the attached Resolution is the necessary budget amendment reflecting the noted cost impact of those services for FY 2023/24.

ANALYSIS
The cost of lobbyist services for the remainder of FY 2023/24 is $13,500. The cost of marketing and public education services is projected to be on a time and material basis between $20,000 and $25,000. The budget amendment reflects these changes to the FY 2023/24 Operating Budget.

FISCAL IMPACT
The total cost impact for FY 2023/24 is $38,500 from the Unallocated General Fund Balance.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area A – Maintain Fiscal Responsibility
• Goal Area E – Strengthen Community Engagement and Transparency

Budget Amendment – Lobbyist/Marketing Services
OCTOBER 18, 2023

POLICY FOCUS
The policy focus for the Council is consideration of the provision of these services in support fo the Town’s pursuit of a certified Housing Element.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 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.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS

1. Budget Amendment Resolution

RESOLUTION NO. 23-xx

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF

ATHERTON APPROVING A BUDGET AMENDMENT
FOR FY 2023/24 FOR LOBBYIST AND PUBLIC EDUCATION SERVICES _________________________________________
WHEREAS, the City Council supports engagement of Joe Gonsalves & Son for Town lobbyist services; and
WHEREAS, the City Council supports engagement of Tripepi-Smith for marketing and public education services in support of the Housing Element; and WHEREAS, the FY 2023/24 Budget does not include funds necessary to provide these services; and
WHEREAS, there are sufficient funds within the Unallocated General Fund to address the required adjustment of $38,500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Atherton does hereby approve an amendment to the FY 2023/24 Town Budget to enact the changes identified on Exhibit A attached hereto.

PASSED AND ADOPTED at a meeting of the City Council of the Town of Atherton held on the 18th day of October, 2023 by the following vote:

AYES: Council members:

NOES: Council members:

ABSENT: Council members:
________________________
Bill Widmer, MAYOR
Town of Atherton
ATTEST:
____________________________
Anthony Suber, City Clerk
APPROVED AS TO FORM:
____________________________
Mona Ebrahimi, City Attorney

EXHIBIT A
Town of Atherton
Budget Amendment Request
Transfer $38,500 From:
2023/24
Un-appropriated General Fund Balance
To:
2023/24
101-12-54010-012 Other Contract Services
Total Adjustment $38,500

Item No. 4
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 18, 2023
SUBJECT: ACCEPTANCE OF WORK AND AUTHORIZATION TO RECORD

NOTICE OF COMPLETION FOR THE TOWN CENTER PROJECT

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.

BACKGROUND
The work completed included furnishing all labor, equipment and materials and performing all work necessary and incidental to construct the Atherton Town Center Project. The Town Center project generally consists of demolishing the existing Administration/Police Department (PD) buildings (fixed and modular), PD garage, renovation of the historic Town Hall building, new City Hall and Library, site improvements and removing, realigning and rebuilding sections of the existing Ashfield Road and Dinkelspiel Station Lane.

The Council awarded a construction contract to S.J. Amoroso Construction Inc. on the 6th day of March 2019.

ANALYSIS
The original contract price was $47,077,000. There was a total of 235 contract change orders totaling $4,584,836.50 issued for additional work associated with completing the project, to include mitigating delays as the result of the COVID-19 pandemic. In addition, on January 23, 2023, the City Council ratified a settlement agreement in the amount of $925,000 for various outstanding changes orders with $549k in final change orders as part of the library and $376k for the Town (total $925k). These final change orders related to ceiling fans, mechanical piping and duct work, heat pump relocation, and Cat6A wiring.

Original Contract Amount $47,077,000.00
Change Orders $4,585,8436.50

Acceptance of Work – Town Center Project
OCTOBER 18, 2023

Settlement Agreement $925,000.00
Total $52,586,836.50

FISCAL IMPACT
There are no fiscal impacts associated with this staff report. All project expenditures have been funded and completed.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area A – Maintain Fiscal Responsibility
• Goal Area C – Create and Expand the Town Center/Library • Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
There are no significant policy issues associated with this staff report.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 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.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS

1. Notice of Completion

C:\inetpub\wwwroot\multitenant\temp\NOTICE OF COMPLETION - RECORDERS OFFICE Atherton Town Center Project.pdf RECORD REQUESTED BY:

TOWN OF ATHERTON_____________
AND WHEN RECORDED MAIL TO:

CITY CLERK, TOWN OF ATHERTON
80 FAIR OAKS LANE_____________
(Street Address)
ATHERTON, CALIFORNIA 94027____
(City, State and Zip Code)__________________________________________________ No fee pursuant to Government Code Section 6103 SPACE ABOVE THIS LINE FOR RECORDER’S USE

TOWN OF ATHERTON

NOTICE OF COMPLETION

TOWN CENTER PROJECT
PROJECT NO. 54015

ATHERTON, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT Robert Ovadia, Engineer of Work for the Town of Atherton, County of San Mateo, California, on the 18th day of October, 2023 did file with the City Clerk of said Town a Certificate of Completion for the work described in the construction contract awarded to S.J. Amoroso Construction Inc. on the 6th day of March 2019, said contract being executed on the 27th day of March 2019.

That said work and improvements were accepted as completed on the 15st day of September, 2023 and that acceptance for completion of said work was ordered by Motion of the City Council of said Town and that the name of the surety on the Contractor’s bond for performance, labor and materials on said project is Federal Insurance Company located at 2603 Camino Ramon, Suite 300 San Ramon Ca 94583 and Liberty Mutual Insurance Company at 1340 Treat Blvd. Suite 400 Walnut Creek, CA 94597.

That said work and improvements consisted of furnishing all labor, equipment and materials and performing all work necessary and incidental to construct the Atherton Town Center Project. The Town Center project generally consists of demolishing the existing Administration/Police Department (PD) buildings (fixed and modular), PD garage, renovation of the historic Town Hall building, construction of new City Hall and Library, site improvements and removing, realigning and rebuilding sections of the existing Ashfield Road and Dinkelspiel Station Lane.

That I, Robert Ovadia, City Engineer of the Town of Atherton, am authorized by said Motion to execute and file this notice with the County Recorder of the County of San Mateo.

BY: ______________________ ATTEST: ________________________ Robert Ovadia, City Engineer Anthony Suber, City Clerk
______________________ _______________________
Date Date
‘I declare under penalty of perjury that the foregoing is true and correct.’ Atherton, CA
(Date and Place) (Signature) Robert Ovadia, City Engineer

C:\inetpub\wwwroot\multitenant\temp\NOTICE OF COMPLETION - RECORDERS OFFICE Atherton Town Center Project.pdf

TOWN OF ATHERTON

CERTIFICATE OF COMPLETION
PROJECT NAME: TOWN CENTER PROJECT
PROJECT NUMBER:54015
LOCATION: 80 FAIR OAKS LANE
NOTICE IS HEREBY GIVEN:

1. That on September 15, 2023, the Public Works project known as TOWN CENTER PROJECT, Project Number 54015 was completed in accordance with the plans and specifications as required by the Town of Atherton.

2. That the name and address of the party filling this notice is:

Town of Atherton
80 Fair Oaks Lane
Atherton, California 94027

3. That the name and address of the Contractor responsible for the construction of the project is:

S.J. Amoroso Construction, Inc.
390 Bridge Parkway
Redwood Shores, CA 94065

4. That the name and address of the Contractor’s surety is:

Federal Insurance Company
2603 Camino Ramon, Suite 300
San Ramon Ca 94583
and
Liberty Mutual Insurance Company
1340 Treat Blvd. Suite 400
Walnut Creek, CA 94597

5. That the project is described as:

That said work and improvements consisted of furnishing all labor, equipment and materials and performing all work necessary and incidental to construct the Atherton Town Center Project. The Town Center project generally consists of demolishing the existing Administration/Police Department (PD) buildings (fixed and modular), PD garage, renovation of the historic Town Hall building, construction of new City Hall and Library, site improvements and removing, realigning and rebuilding sections of the existing Ashfield Road and Dinkelspiel Station Lane.

BY: _________________________ _______________________
Robert Ovadia, P.E. Date
City Engineer
ATTEST: ____________________________ _______________________ Anthony Suber Date
City Clerk Page 75 of 135
Item No. 5
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 18, 2023
SUBJECT: 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

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.

BACKGROUND
This is the final reading by substitution of title and adoption of 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.

Chapter 8.20 of the AMC defines public nuisance and provides for nuisance abatement code enforcement on private property. For street frontage areas, the Town has historically used a combination of local law (Chapter 12.06 Encroachments) and state law (California Streets and Highways Code 5610) to pass along maintenance responsibilities and legal liability for street frontage areas to adjacent property owners. Street frontage areas are those portions of the public right-of-way between the property line and the paved street.

2 nd Reading and Adoption – Sidewalk & ROW Ordinance
OCTOBER 18, 2023

When the Town identifies an issue with the frontage area, the adjacent property owner is notified their frontage is in violation via Code Enforcement and they are required to bring it into compliance within a reasonable period of time, depending on the nature of the issue (i.e., trees, shrubs, sidewalks, irrigation, drainage, DG, etc.). In areas where there are sidewalks with uplifting, the Town has notified the property owners of the risk assessment and required them to grind such areas down or replace the sidewalk to eliminate the risk. Alternatively, they can pay the cost of the Town to do so as part of a sidewalk risk remediation program.

In the case of construction projects, the Town reviews plans for compliance with the encroachment ordinance for any frontage being improved. For any improvements placed in the right-of-way via an encroachment permit, the property owner is required to obtain a revocable permit that passes on all liability and a responsibility for maintenance of those improvements to the property owner.

Each year, Town staff receives numerous complaints regarding frontage maintenance issues ranging from weeds, ruts, and depressions to sidewalk trip hazards and blocked access routes and visibility issues due to tree limbs and shrubbery, downed trees, or deteriorated pavement or other surface treatments. Due to the limited funds available to the Town for the maintenance of streets, the Town does not have the resources to take on the maintenance obligations for all these deficiencies in the right-of-way. The Town currently only maintains trees in the Town Center, the Park, and selected areas of the Town (i.e., medians, ECR, Middlefield Road, etc.) where the Town has taken over responsibility for tree maintenance along major thoroughfares. Most of the lot frontages throughout Town remain the responsibility of the adjacent property owners.

While the Town does not have the resources to address all these issues, this ordinance provides procedures whereby the Town can intercede in the case of emergencies where an imminent risk of harm exists due to the condition of this area between the street and the property line, and provides for cost recovery from the adjacent property owner for such emergency work.

Finally, due to the maintenance responsibility resting with adjacent property owners, the proposed ordinance also imposes liability on property owners for any injuries caused due to the nuisance conditions occurring on the public rights of way located on or adjacent to their properties.

ANALYSIS
Since 1941, Section 5610 of the Streets and Highways Code has provided:

The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.

2 nd Reading and Adoption – Sidewalk & ROW Ordinance
OCTOBER 18, 2023

Through this section, the Streets and Highways Code permits local jurisdictions to impose on property owners the duty maintain the area between their property line and the street to ensure those areas between the street and their property line are free of nuisances and hazards that could endanger people or property, or interfere with the use of the public right-of-way.

Historically, the Town has relied Section 5610 in combination with our Encroachment Ordinance to hold property owners responsible for maintaining the frontage area. The Encroachment Ordinance prescribes that no one can place anything in the adjacent street frontage area without the permission of the Town and that anything put within that right-of-way is the responsibility of the adjacent property owner to maintain. Through the Encroachment Ordinance, the Town imposes standards for landscaping in the frontage areas, which include maximum heights, clearances, and setbacks. The property owners are responsible for maintaining such landscaping in a healthy growing condition so as not to create a safety hazard or public nuisance and they are required to maintain the frontage strips free of weeds, litter and debris and they shall not impede any drainage.

While the Town has relied on Section 5610, recent case law has held that in order to continue to pass along maintenance obligations to adjacent property owners, local jurisdictions must affirmatively point to this authority in its ordinances. To date, the Town has not done so. The proposed ordinance adds Chapter 12.10 to the AMC to accomplish this requirement as well as make a few clarifications with respect to maintenance obligations, liability, enforcement procedures, and provides a cost-recovery mechanism for the Town where it must intercede dude to hazards that pose an imminent risk of harm.

Absent the ordinance codifying Section 5610 as the basis for holding adjacent property owner responsible for frontage maintenance, the Town cannot pass along liability improvements within the frontage areas and could be held liable for any dangerous condition of the frontage area, regardless of cause. If the Town were to be liable for dangerous conditions in the right-of-way, which currently exist due to maintenance adjacent property owners have failed to undertake, staff would need to begin a much more proactive code enforcement and risk assessment program to identify where those risks are and proactively mitigate risks through an aggressive tree trimming and right-of-way maintenance program.

Despite the fact that the Streets and Highways Code permits assigning maintenance obligations on adjacent property owners, not all jurisdictions do so. There are no statistics on what percentage of jurisdictions state-wide hold adjacent property owners responsible, but it is a very common practice to do so. In San Mateo County, approximately two-thirds of the incorporated cities do place maintenance responsibilities on adjacent property owners.

At its September 6, 2023, Study Session, the City Council reviewed the draft ordinance. Council directed staff to bring the ordinance back for consideration with minor corrections.

Following the Study session, the Mayor and City Manager met with residents in the Lloyden Park neighborhood to discuss the ordinance and their concerns.

The City Council held a public hearing, waived the first reading and introduced the ordinance at

2 nd Reading and Adoption – Sidewalk & ROW Ordinance
OCTOBER 18, 2023

the Regular City Council Meeting on September 20, 2023. If approved, this ordinance will be effective thirty days following the adoption.

ENVIRONMENTAL CONSIDERATIONS
The proposed Ordinance is exempt from environmental review under the California Environmental Quality Act, Public Resource's Code section 21000 et seq. ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the project has no potential for causing a significant effect on the environment.

FISCAL IMPACT
The proposed Ordinance does not involve or authorize and direct expenditures.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area B – Preserve Small Town Character and Quality of Life • Goal Area D – Manage Circulation and Improve Safety
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The Council’s policy focus should be on maintenance and liability responsibilities associated with improvements in the public right-of-way beyond the paved roadway.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 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.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS

1. Draft Ordinance

2367385.2 14537.002
ORDINANCE No. 66X

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON ADDING SECTION

12.06.030-D AND CHAPTER 12.10 TO THE ATHERTON MUNICIPAL CODE, CLARIFYING

MAINTENANCE RESPONSIBILITIES ON OWNERS OF PROPERTY ADJACENT TO PUBLIC

RIGHTS OF WAY AND IMPOSING LIABILITY ON OWNERS OF PROPERTY ADJACENT TO

PUBLIC SIDEWALKS FOR INJURIES SUFFERED
WHEREAS, the Town of Atherton ("Town") wishes to protect the public peace, safety, welfare, and tranquility of its residents, and;
WHEREAS, the Town wishes to encourage the maintenance of well-kept properties. The Town recognizes that property values and the general welfare of the community are founded in large part on the appearance, maintenance and safety of properties, and; WHEREAS, owners of property adjacent to public sidewalks and rights-of-way are usually in the best position to quickly identify and address potentially dangerous conditions that might occur on them, and;
WHEREAS, pursuant to Section 5610 of the Streets and Highways Code, the owners of property adjacent to public sidewalks owe a duty to the Town to maintain such sidewalks in such condition that the sidewalk will not endanger persons or property or interfere with the public convenience in its use, and;
WHEREAS, the Town is empowered through its police powers to impose maintenance obligations on property owners for their property, as well as abutting rights-of-way. Those property owners are best positioned to address and to also notify the Town of dangerous conditions of property that they abut, and;
WHEREAS, imposing liability on owners of property adjacent to public sidewalks and rights of way incentivizes those property owners to regularly inspect and maintain their adjacent public sidewalks and landscaping and;
WHEREAS, this Ordinance clarifies the maintenance responsibilities of adjacent property owners, and makes them liable for personal injuries or property damage that result from the property owner's failure to maintain the adjacent sidewalk, or adjacent landscaping, and; WHEREAS, the City Council hereby finds that this Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment).

NOW, THEREFORE, the City Council of the Town of Atherton incorporates the findings in the recitals above and adopts them as though fully set forth herein and does hereby ordain as follows:

Section 1. PURPOSE AND AUTHORITY
The purpose of this ordinance is to clarify the sidewalk maintenance responsibilities of adjacent property owners and hold them liable to members of the public for injuries or property damage

2367385.2 14537.002
that result from the property owner's failure to maintain the adjacent sidewalk as required in this Chapter. The authority is derived from the State Constitution and Streets and Highways Code Chapter 22 of Division 7, Part 3.

Section 2. FINDINGS.

The recitals set forth above are hereby incorporated by reference herein.

Section 3. ADDITION OF SECTION 12.06.030-D OF THE ATHERTON MUNICIPAL CODE
Section 12.06.030-D is hereby added to read:

D. “Sidewalk” shall have the same meaning as in Section 5600 of the California Streets and Highways Code. This term is interpreted to include the lot frontage strip that forms the areas between the property line and the street line that are publicly accessible or used for ingress and egress to the abutting property, regardless of whether such areas are improved in any manner.

Section 4. ADDITION OF CHAPTER 12.10 OF THE ATHERTON MUNICIPAL CODE Chapter 12.10 is hereby added to read:

12.10 Maintenance and Repair of Sidewalks and Rights-of-Way

12.10.010 Maintenance and Repair of Sidewalks
A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state and this Chapter, the provisions of this Chapter shall control.

B. For the purposes of this chapter, the definition of sidewalk shall be the same as in Section 12.06.030-D.

C. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including but not limited to parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the Town of Atherton's costs of inspection and administration whenever the Town awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection A. of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.

2367385.2 14537.002
D. For the purposes of this part, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, supervision and maintenance of signs allowed pursuant to Chapter 15.36, tree and landscape maintenance, tree root pruning and installing root barriers, trimming of trees and shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.

E. Notwithstanding the provisions of Section 5614 of the Streets and Highways Code, the Director of Public Works (director) may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed ninety days from the time the notice referred to in said Section 5614 is given.

F. Liability. The owners of lots or portions of lots (property owners) required by this Chapter to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a non-dangerous condition as required by Chapter 12.10, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.

12.10.020 Maintenance and Repair of Adjacent Trees and Landscaping and Duty to Warn A. The property owner of a lot or portion of a lot adjacent to or fronting on any portion of a street shall maintain and replace, if necessary, any street trees, shrubs, hedges or other landscaping adjacent to or fronting on the subject property in such condition that the street trees, shrubs, hedges or other landscaping comply with this Chapter. Each property owner shall plant and/or replace any removed or otherwise missing street trees in accordance with the requirements of subsection(c), below.

B. A property owner required by this section to plant, maintain, and replace, if necessary, trees, shrubs, hedges and other landscaping shall owe a duty to members of the public using streets to maintain such trees, shrubs, hedges or other landscaping in a safe and nonhazardous condition for users of the streets. For purposes of this section, maintenance of trees, shrubs, hedges and other landscaping includes, but is not limited to: watering, pruning, fertilizing, pest control, removal of branches, leaves, and other debris, weed abatement, and protection of the critical root zone.

C. A property owner required by this section to maintain any street trees, shrubs, hedges, or landscaping shall comply with the following:

1. Immediately notify the Director of Public Works of any dangerous or hazardous conditions of the adjacent public right of way;

2. Provide the necessary maintenance so that the street tree, shrub, hedge or landscaping is not in a hazardous condition or in a condition that will likely become a hazardous condition;

2367385.2 14537.002

3. Provide a minimum eight-foot vertical pedestrian clearance from the top of the sidewalk and a minimum fourteen-foot vertical vehicular clearance from the top of the street, to any part of a tree;

4. Provide adequate clearance for unobstructed pedestrian and vehicular view of all authorized traffic signals, traffic cameras, street lights, regulatory signs, street name signs, and other similar type of equipment or signs;

5. All maintenance shall be completed in accordance with the Atherton Municipal Code, Heritage Tree Protection Guidelines and other applicable permit requirements and standards;

12.10.030 Hazardous conditions; sight obstructions on private property.

A. No owner or person in possession or control of any premises shall maintain any tree, shrub, hedge or other landscaping located on such premises in a manner that causes or may cause a hazardous condition on a street or sidewalk.

B. No owner or person in possession or control of any premises on any corner or interior lot abutting upon a street shall permit the existence of any tree, shrub, hedge, landscaping, mound of earth, or boulders that obscure and impair the view of intersecting or entering traffic from a street of passing motorists or pedestrians or which impairs the view of the street signs, traffic signs, or any other control devices or signs placed upon the streets for the safety and convenience of the public.

12.10.040 Notice of violation.

If the director determines that the condition of any sidewalk, tree, shrub, hedge, or landscaping constitutes a violation of any provision of this chapter, the director shall, by notice in writing, notify the owner of the property in violation to prune or remove the tree, shrub, hedge, or landscaping or take any other necessary corrective action to cure the violation.

12.10.050 Notice of violation - Delivery.

The notice of violation specified in Section 12.10.040 may be given by delivering a written notice personally to the property owner, or by mailing the notice, postage prepaid, to the property owner thereof at his or her last known address as the same appears on the last equalized assessment rolls of the county.

12.10.060 Notice of violation - Contents.

A. Any notice of violation issued by the director pursuant to Section 12.10.050 shall contain the following information:

1. The date of the inspection.

2. The address or a description of the property where the violation is located.

3. A description of the violation.

4. A description of the corrective action required to address the violation.

2367385.2 14537.002

5. A definitive time period to complete the corrective action.

12.10.070 Notice of violation - Hearing.

The notice of violation shall further specify that the property owner receiving such notice may file with the Town his or her written objection to such notice and such written objection must be received by the Town within seven (7) calendar days of the notice. The written objection shall clearly outline the objection to the notice and the basis for such objection. The Town shall duly review all timely written objections that comply with this section and provide the property owner with an opportunity to be heard, and will thereafter render a written decision within a reasonable amount of time to sustain, overrule, or amend the notice of violation. The written decision shall be provided to the owner in the manner specified in Section 12.10.060, and such decision will be final.

12.10.080 Work performed by the Town.

A. If the corrective action required by notice is not completed within the time specified in the notice of violation, the Town shall have the authority to perform this work or cause this work to be performed and the owner of the abutting property shall be billed for the costs incurred. The property owner shall be responsible for all costs associated with the corrective action including but not limited to the costs of planting, removal or pruning of the tree, shrub, hedge, pavement work, or landscaping, administration time and expense, late charges, and the handling of any lien placed on the property owner's property due to failure of the property owner to pay within the required period.

B. After the Town completes the corrective action as set forth in this section, the Town shall mail an invoice to the property owner. The property owner shall remit full payment to the Town on or before the date specified in the invoice.

C. Any invoice not fully paid by the date specified on the invoice shall be deemed delinquent and the director shall initiate the assessment procedures set forth herein.

12.10.090 Emergency services performed by Town.

A. In cases of imminently hazardous conditions, the director shall have the authority to perform or cause to be performed the corrective work to abate the imminently hazardous condition without observance of any notice requirements. The property containing or adjacent to a tree, shrub, hedge, sidewalk, or landscaping that poses an imminently hazardous condition or the property adjacent to or fronting on the subject street tree, shrub, hedge, sidewalk, or landscaping that poses an imminently hazardous condition may be assessed for the costs incurred in accordance with this part. The Town shall send an invoice to the property owner setting forth the costs and expenses as described herein and the date specified for full payment to the Town.

B. If the property owner has failed to pay the invoice, the director shall issue a notice of cost informing the property owner of the failure to pay the invoice and that failure to pay the amount will result in the initiation of proceedings to place a lien against the property owner's property.

12.10.100 Notice of hearing before city council.

After completion of the work and failure of a property owner to pay the amounts set forth in the invoice, the director shall cause notice of the public hearing on the cost to be given to the property

2367385.2 14537.002
owner in the manner specified in this part, which shall specify the day, hour and place when the city council will hear and pass upon a report by the director of the cost of the work, the amount proposed to be assessed against the property, together with written objections, if any, which may be raised by any person liable to be assessed for the cost of such work.

12.10.110 Report to city council.

If the property owner does not pay the invoice by the required date, the director shall prepare and file with the city council a report specifying the work which has been done, the cost thereof, a description of the real property upon which the tree, shrub, hedge, or landscaping was located or of the real property adjacent to or fronting upon the street on which such street tree, shrub, hedge, or landscaping was located and the assessment against the parcel of land proposed to be levied to pay the cost thereof.

12.10.120 Hearing on assessment costs.

A. Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report of the director, together with any written or oral objections which may be raised by any property owner liable to be assessed for the corrective work. The city council may make such modifications in the report as it may deem just, after which, the report as submitted or as modified shall be confirmed. The decision of the city council on all objections shall be final and conclusive.

B. This hearing serves to provide the full opportunity of a person subject to an invoice to be heard and object to the determination that a violation occurred and was not corrected. The failure of any person to appear at the hearing shall constitute a failure to exhaust administrative remedies.

12.10.130 Assessment deemed a lien.

The cost of any corrective action may be assessed by the city council against the parcel of property upon which the tree, shrub, hedge, or landscaping is located, or the parcel of property which fronts upon or is adjacent to the street on which such street tree, shrub, hedge, or landscaping is located, and such cost so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until discharged.

12.10.140 Lien - Recordation and collection.

The city council, after confirmation of the report of the director, may order a notice of lien to be delivered to the county recorder, who shall enter the amount thereof on the county assessment book opposite the description of the particular property, and the amount shall be collected, together with all taxes against the property. Thereafter, the amount of the lien shall be collected at the same time and in the same manner as taxes against the property are collected, and shall be subject to the same penalties and interest, and to the same procedure under foreclosure and sale in case of delinquency.

12.10.150 Liability.

A. If any property owner fails to maintain any sidewalk, trees, shrubs, hedges, landscaping or other improvements in a nonhazardous condition as required by this Chapter, and any person

2367385.2 14537.002
suffers damage or injury to person or property, the property owner shall be solely liable for all damages or injuries caused by such failure.

B. Nothing contained in this chapter shall be deemed to impose any liability upon the Town, its officers or employees, nor to relieve the owner of any private property from the duty to keep sidewalks, trees, shrubs, hedges, or landscaping upon said private property, or under his or her control or upon streets in front of or contiguous to such private property, in a safe condition.

12.10.160 Remedies.

The provisions of this chapter are nonexclusive and supplementary to any existing rights and remedies, and the provisions of this chapter may be enforced by any remedies provided for in this municipal code or otherwise available at law. Violations of this chapter may be prosecuted criminally, civilly, or administratively, either undertaken separately or in conjunction with other remedies, at the sole discretion of the Town. Nothing in this chapter shall be deemed to prevent the Town from commencing any administrative or legal proceeding to enforce this chapter, Municipal Code, or any law.

Section 4. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional or otherwise invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council of the Town of Atherton hereby declares that it would have adopted the remainder of this chapter and ordinance, including each section, subsection, sentence, clause, phrase or portion irrespective of the invalidity of any other article, section, subsection, sentence, clause, phrase or portion. To the extent that prior Town ordinances governed any portion of this Ordinance held invalid, such prior Town ordinances shall again become effective if any portion of this Ordinance is held invalid.

Section 5: EFFECTIVE DATE AND PUBLICATION
This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption. The City Clerk is hereby directed to publish a summary of this Ordinance in an adjudicated newspaper of general circulation serving the residents of the Town of Atherton within fifteen (15) days after its passage.

Introduced on the ___ day of ____________________, 2023.

Passed and adopted as an ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of __________________, 2023 by the following vote:

Ayes:

Noes:

Abstentions:
______________________________

2367385.2 14537.002
Mayor Bill Widmer
ATTEST:
______________________________
Anthony Suber, City Clerk/ACM

Item No. 6
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 18, 2023
SUBJECT: ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD
NOTICE OF COMPLETION FOR THE 2022 OVERLAY PROJECT,
PROJECT NUMBER 56100

RECOMMENDATION
It is recommended that the Council accept work and authorize recording of a Notice of Completion for the 2022 Overlay Project, Number 56100.

BACKGROUND
The Council awarded a construction contract on March, 16, 2022, to ASG Builders Inc. for $444,808.80 and authorized change orders up to $40,000 for a total amount of $484,808.80. This project consists of milling 2” of asphalt, grinding and replacing pavement failures, performing crack sealing, and repaving asphalt per Town specifications. Work under the contract has been completed.

Street Overlay locations are shown in the attached map and include the following streets:
#1 – Reservoir Road (Walsh Road to the end)
#2 – Walsh Road – (Tallwood Court to Reservoir Road)
#3 – Ashfield Road (El Camino Real to end)
#4 – Dinkelspiel Station Lane (Watkins Avenue to Maple Avenue) #5 – Watkins Avenue (Dinkelspiel Sation Lane to Middlefield Road) #6 – Frederick Avenue (Ringwood Avenue to Greenoaks Drive)

ANALYSIS
The original contract price was $444,808.80. There were two change orders associated with quantity increases on the contract, bringing the project total to $469,583.40.

FISCAL IMPACT

Certification of Continuing Emergency
OCTOBER 18, 2023

Gas Tax, SB1 Roadway Maintenance and Rehabilitation Account, Special Parcel Tax, and Measure A Funds in the amount of $575,000 were budgeted for this project in FY 2021-22.

The final cost of this segment of work is $469,583.40.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area A – Maintain Fiscal Responsibility
• Goal Area B – Preserve Small Town Character and Quality of Life • Goal Area D – Manage Circulation and Improve Safety

POLICY FOCUS
There are no significant policy issues related to this item. The item is consistent with the Town’s adopted 5-Year Capital Improvement Program.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 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.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS

1. Notice of Completion

2. Overlay Location Map

C:\inetpub\wwwroot\multitenant\temp\NOTICE OF COMPLETION - RECORDERS OFFICE 2022 Overlay Project.pdf RECORD REQUESTED BY:

TOWN OF ATHERTON_____________
AND WHEN RECORDED MAIL TO:

CITY CLERK, TOWN OF ATHERTON
80 FAIR OAKS LANE_____________
(Street Address)
ATHERTON, CALIFORNIA 94027____
(City, State and Zip Code)__________________________________________________ No fee pursuant to Government Code Section 6103 SPACE ABOVE THIS LINE FOR RECORDER’S USE

TOWN OF ATHERTON

NOTICE OF COMPLETION
2022 OVERLAY PROJECT
PROJECT NO. 56100

ATHERTON, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT Robert Ovadia, Engineer of Work for the Town of Atherton, County of San Mateo, California, on the 18th day of October, 2023 did file with the City Clerk of said Town a Certificate of Completion for the work described in the construction contract awarded to ASG Builders on the 16th day of March, 2022, said contract being executed on the 7th day of April, 2022.

That said work and improvements were accepted as completed on the 31st day of August, 2023 and that acceptance for completion of said work was ordered by Motion of the City Council of said Town and that the name of the surety on the Contractor’s bond for performance, labor and materials on said project is The Ohio Casualty Insurance Company, 1340 Treat Blvd., Suite 400, Walnut Creek, CA 94597.

That said work and improvements consisted of milling 2” of asphalt, grinding and replacing pavement failures, performing crack sealing and repaving asphalt as described in the plans and specifications.

That I, Robert Ovadia, City Engineer of the Town of Atherton, am authorized by said Motion to execute and file this notice with the County Recorder of the County of San Mateo.

BY: ______________________ ATTEST: ________________________ Robert Ovadia, City Engineer Anthony Suber, City Clerk
______________________ _______________________
Date Date
‘I declare under penalty of perjury that the foregoing is true and correct.’ Atherton, CA
(Date and Place) (Signature) Robert Ovadia, City Engineer

C:\inetpub\wwwroot\multitenant\temp\NOTICE OF COMPLETION - RECORDERS OFFICE 2022 Overlay Project.pdf

TOWN OF ATHERTON

CERTIFICATE OF COMPLETION
PROJECT NAME: 2021 OVERLAY PROJECT
PROJECT NUMBER: 56096
LOCATION: VARIOUS STREETS
NOTICE IS HEREBY GIVEN:

1. That on August 31, 2023, the Public Works project known as 2022 OVERLAY PROJECT, Project Number 56100 was completed in accordance with the plans and specifications as required by the Town of Atherton.

2. That the name and address of the party filling this notice is:

Town of Atherton
80 Fair Oaks Lane
Atherton, California 94027

3. That the name and address of the Contractor responsible for the construction of the project is:

ASG Builders
2483 Old Middlefield Way
Mountain View, CA 94043

4. That the name and address of the Contractor’s surety is:

The Ohio Casualty Insurance Company
1340 Treat Blvd.,
Suite 400,
Walnut Creek, CA 94597

5. That the project is described as:

This project consists of milling 2” of asphalt, grinding and replacing pavement failures, performing crack sealing and repaving asphalt as described in the plans and specifications.

BY: _________________________ _______________________
Robert Ovadia, P.E. Date
City Engineer
ATTEST: ____________________________ _______________________ Anthony Suber Date
City Clerk

Item No. 7
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 18, 2023
SUBJECT: ALLOCATION OF FUNDS FOR A PICKLEBALL PILOT AT

HOLBROOK-PALMER PARK

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.

BACKGROUND
Beginning February 2022, the Park & Recreation Committee undertook a review of pickleball options for Holbrook-Palmer Park which ultimately made its way to the City Council in March 2023. In March 2023, the Council directed that staff work with a Subcommittee of the City Council to create a community interest survey for pickleball at Holbrook-Palmer Park.

The purpose of the Survey was to understand and gather comments, both positive and negative, that would serve as a guide to the Council’s decision-making about pickleball in the Park. The Survey was released in early April 2023 and closed at the end of May 2023. The survey results were presented to the City Council at their regular meeting on July 19, 2023. Following discussion, the Council directed staff to review the costs of implementing a Pickleball trial at Holbrook-Palmer Park by converting Court 1 for dual use with two pickleball courts striped over the existing tennis court and bring back to the City Council for review and direction.

Staff presented approximate costs for implementing the pilot program as outlined by the City Council for discussion at the September 20, 2023, regular City Council Meeting.

ANALYSIS
At its September 20, 2023, meeting, the City Council directed staff to proceed with implementation of the trial without the sound baffling, pending feedback from the Menlo Circus Club regarding the potential to borrow baffling materials that they had purchased for their trial and had

Appropriation of Funds – Pickleball Trial
OCTOBER 18, 2023

subsequently removed as part of their sound study. Following the meeting, staff was informed by the Circus Club that they have reinstalled the baffling materials and would not be able to lend the materials to the Town for the pilot.

The required materials/elements to convert and existing court to accommodate the pickleball trial are as follows:

Element Allocation Request
Striping – Paint marking estimated at $1,300/court $2,600 Pickleball nets – estimated at $500 - $600 each $1,200
Sound baffling (material only – 2 sides) $30,000
Sound baffling (installation – no quotes solicited) $15,000 Subtotal $47,800
Contingency (10%) $4,800
Total $52,600
The approximate cost to resurface the court to tennis only following the trial is approximately $10,000.

Funds to implement the pilot were not included in the adopted FY2023-24 budget and a separate appropriation is required. As restoration of the court to tennis only would likely be in the 2024-25 fiscal year, funds for resurfacing the court are not requested at this time.

FISCAL IMPACT
The fiscal impact of implementing a pickleball trial is approximately $52,600 based on the Accoustifence baffling materials. Funds are not currently budgeted in the 2023-24 operating budget and will need to be appropriated.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area A – Maintain Fiscal Responsibility
• Goal Area B – Preserve Small Town Character and Quality of Life • Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The policy focus for this item is regarding Council direction regarding implementation of the trial program.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also

Appropriation of Funds – Pickleball Trial
OCTOBER 18, 2023

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.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS

1. Accoustifence Sound Baffling Information and Rough Cost

1 Robert Ovadia
From: Charles O'Meara <[email protected]>
Sent: Tuesday, August 22, 2023 3:18 PM
To: Robert Ovadia
Subject: FW: 8/17/23 Everything you wanted to know about Pickleball noise abatement but were afraid to ask Attachments: Acoustifence - Pickleball Courts at Pelican Landing.pdf; Acoustifence reference.pdf; Acoustifence - Pickleball Courts at Heritage Bay.pdf; AcoustiFence Product Data Sheet.pdf; Acoustifence Pickleball noise report February 2018.pdf; Toscana Country Club - Pickleball Overhead Picture.jpg; Acoustifence - Poinsettia Community Park - Pickleball Court -Carlsbad CA.pdf; Sun City Grand - Cimarron Pickleball Facility Noise Study.pdf; 08_03_2021 Acoustifence ManuSpec.pdf [The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Robert,
I thoroughly enjoyed talking with you and I’m looking forward to helping you reduce the noise from the Pickleball courts.

As mentioned I am sending you out my comprehensive Tennis/Pickleball inquiry package with much of the information that you will want to know, including three noise studies that showcase how well our material performs (Noise is measured on an exponential/logarithmic scale as opposed to a linear one, so every 10dB in noise reduction is perceived as half as loud, and our material performed even better than that). Our multi-patented, modular all-weather Acoustifence Pickleball noise curtains have been referred to as the GOLD STANDARD for Pickleball noise and over the least 10 years have been installed on hundreds of public and private courts across North America, from the heat of the sunbelt to the Canadian cold. Additionally, the Wall Street Journal referenced our noise curtains as a solution for Pickleball noise and they were shown on a story about Pickleball noise on the national television news magazine “Hard Copy”.

Besides the information in the email body, I also attached some flyers about our product and why our material is uniquely suited to deal with Pickleball noise. As you read through the email, there is a detailed description of the curtains, followed by pricing on the different colors and sizes (see red text below), so you can get a fairly good idea as to the cost of material for your project (take the length of your fence and divide it by 6, and that will give you an approximate idea as to how many panels your project will require. Then multiply the number of curtains by the cost of the curtain). There is also a list of cities and four Pickleball references that installed our curtains, and you are welcome to contact them.

Attachments
 Acoustifence curtains in Pickleball green installed at a Pickleball court in a club setting in South Florida (our newest green - Forest Green)
 Noise Studies:
o Acoustifence letter of reference from a satisfied HOA showing a substantial 12dB reduction in noise after using Acoustifence
o Acoustifence Pickleball noise report February 2018 from a prospective customer o Acoustic consultant’s Pickleball noise report from Sun City Grand, Cimarron, measuring a 9.9 to 15.8 dB reduction in noise with Acoustifence
 Acoustifence benefits and specifications
 Acoustifence curtains in black installed at a Pickleball court in a 55+ community in central Florida  Stunning aerial drone shot of Toscana Country Club’s new Pickleball courts with black Acoustifence curtains Page 96 of 135 2  eFlyer showing the City of Carlsbad’s Poinsettia Park new Pickleball courts with Pickleball Green Acoustifence curtains
 Acoustifence ManuSpec sheet for the new AF6 curtain material Installation
As for installation, another nice feature of our curtains is that it does not require skilled labor to put them up, though they are frequently installed by fence or sport-court contractors. The municipalities that I deal with either have their Department of Public Works, maintenance people, or Parks and Rec put them up. Country Clubs use grounds keepers, handymen/women or fence contractors put our material up, and HOA’s frequently use ‘volunteer labor’ by having a ‘volunteer day’. I have been told that a 3-man crew can put up three 10-foot curtains in one hour, which translates to over one hundred linear feet of curtains installed in a single workday. So, just you can see how simple it is, here is a link to our YouTube installation video for the crew for when they get started.

AF Install Video - https://www.youtube.com/watch?v=QkSTWzNQM5s (please note that they talk about starting the installation on the left side and going to the right, but you can just as easily start on the right and work your way to the left).

What is Acoustifence
Acoustifence is a unique 1/8th inch, (3mm x 1.83m x 9.14m) heavy mineral filled visco-elastic acoustical material. It is unique and unlike any other vinyl or rubber barrier material that is currently on the market. It is made in the U. S. A. (from all USA materials) and, unlike fences or shrubs, this material does extraordinarily well in not only blocking direct sound, but also has a tendency to reduce sound from reflecting off it. This occurs as the flexible heavy mass Acoustiblok material actually vibrates from sound, transforming some of it into inaudible trace amounts of heat (sheet lead works in the same manner). Considering that the ideal sound reducing construction is heavy, limp and air tight, the 1.1 lb. per sq. ft. flexible Acoustifence can be an excellent first step in reducing your noise level.

Acoustifence® Benefits and Specifications
 STC (Sound Transmission Class) with a value of 28/ OITC 22  The material was lab tested and performance certified by an independent lab, Riverbank Acoustic Laboratories (see attachment)
 Barium Free
 UV Tolerant
 Paintable (acrylic latex vinyl based)
 Hydrophobic (impervious to water)
 Totally non-mold (rated 10 of 10)
 No fungal or algal growth and no visible disfigurement, per ASTM D3273 and ASTM D3274 (rating = 10)  Tensile strength min. 1974 PSI
 Besides having a High UV resistance, Acoustifence material has a High Heat tolerance: 200 degrees F (93 ° C) for 7 day
 Safe for outdoor use in cold climates too. It since it doesn’t freeze until -40 ° F (-40 ° C) and is not affected by freeze and thaw cycles
 Less than 1% shrink with no deformation
 Made from over 90% recycled or organic material
 100% recyclable
 Vermin proof
 Easily washed
 STC 28 independent lab certified
 Made in U.S.A. from all U.S. material

3 Acoustiblok Curtains
Designed for use on tennis/ Pickleball courts as well as many other outdoor sport courts, Acoustifence vertical curtains are 6’ wide and can be made as tall as your fence requires. Each curtain is made of our Industrial, UV resistant Acoustifence material. Curtains come in Black or Green, and are Internally Reinforced (IR) with additional reinforcement for areas that have more wind (Highly recommended where wind is an issue, which is what we recommend for municipal courts).

Curtains below are priced individually and complete with rows of grommets installed 1.0” in from the edges, along with a matching quantity of 14” stainless steel wire ties (each tie is load rated to 250 pounds). For installation you overlap the curtains by 1” and run the steel wire ties through the overlapped grommets and attach the curtains to the fence. This will allow you to securely attach each curtain panel together to create a gap-free run of Acoustifence and maintain the noise abatement integrity for the entire length of the barrier. The curtains shown below are standard heights that we get requests for. But since we custom make all curtains to order, we can make them to any specific height that you require. We can also make a custom width curtain (less than 6 ft) to complete your fence project to the exact dimensions.

Start Small or Do It All - Do I have to cover all four sides, or can I do less? One of the most common questions I get asked is, do I have to cover all four sides, or can I do less? The answer is, ‘It depends…’. There are many variables that come into play, but the simple answer is that if you have one side that faces a conservation area, woods, parking lot, waterfront, etc., where the noise will not bother anyone, you might be able to leave that side open. But if there are nearby homes that are already upset with the noise, you might not want to because of how the noise propagates (and just like with fire, it’s always easier to put it out when it’s still small. Because once it grows, it takes a lot more to extinguish it).

Another question I frequently hear is, can we just cover the one side that faces the homes? That might be possible, but since noise will flank a barrier’s straight edges, we recommend adding a couple of curtains on each of the perpendicular/return fences to create what I like to call a truncated U-shape barrier. That will help to contain the noise from escaping to the surrounding area.

Suffice it to say that when we talk, I can give you a better idea as to the feasibility of options for your specific situation.

But if you start small and need to add curtains for greater coverage on an existing project, with our patented modular curtain system you can always order additional curtains and retrofit them to give you the coverage that you need.

The only caveat I would add is if you have a resident that’s already at the ‘torches and pitchforks’ stage. Those people are difficult to deal with and you may only have one shot to get it right before they call their attorney (who is probably on speed dial), so you can’t afford to try a section and add more if needed. If they don’t hear a noticeable improvement, they may not give you a second chance. And if they do, they are already in a negative mindset, and it will take a lot to overcome that. Sadly, these people personify the adage “ I’m not happy until you’re not happy”.

Acoustifence Curtain Pricing shown on some of our most popular sizes (since all curtains are custom made, we can make them any height your project requires). Curtain panel standard width is 6’ wide (we can make them less to create a custom width curtain to fill a gap). All curtains are Patented and made with our newest Internally Reinforced AF6 material. Prices shown are for material only (Shipping is FOB Tampa).

BLACK Patented 6’ wide Pickleball noise curtains in the most popular sizes (remember - we can make a curtain any height you need).
 8’ high - $520
 9’ high - $585

4  10’ high - $650
 12’ high - $780
NEW FOREST GREEN Patented 6’ wide Pickleball noise curtains (color shown below)  8’ high - $616
 9’ high - $693
 10’ high - $770
 12’ high - $924
When it comes to noise mitigation, the performance of all of the material is identical. The only difference is the color. All our Acoustifence is made from recycled material, is 100% recyclable and is entirely MADE IN THE USA.

References
This is from a satisfied customer with Pickleball courts in upstate New York; Charles, Thank you for all of your help and advice on this project. It would not have happened without you!! Sound benefits appear right in line with what you advertise. 83 max. inside the court. 60 max. outside the court behind the fence (a 20-dB reduction). Hoping this helps keep peace with my neighbors. Again Charles, thank you! Newport Beach Parks and Recreation - They are very happy with their product—“It has made a significant difference”.

In addition to the hundreds of HOAs and Country Clubs that I have dealt with, here is a sampling of cities across the country that have purchased Acoustifence Pickleball curtains for noise control.  Punta Gorda, FL
 Indian Rocks Beach, FL
 Peachtree City, GA
 Scarsdale, NY
 Beach Haven, NJ
 Berkeley Heights, NJ
 Livingston, NJ
 Margate, NJ
 Ocean City, NJ Steve Longo ([email protected] ) Manager, Ocean City Department of Public Works (609) 425- 7373 cell
 Ridgewood, NJ
 Borough of Tinton Falls, NJ
 Little Egg Harbor, NJ Page 99 of 135
5  Sea Girt, NJ
 Lower Moreland Township, PA
 Burlington, MA
 Mashpee, MA
 Millis, MA
 Waltham, MA
 Sylvania, OH
 Eden Prairie, MN
 Shoreview, MN
 Grosse Pointe Shores, MI
 Niles, IL
 Highland Park, IL
 Vernon Hills, IL
 Western Springs, IL
 Carmel, IN
 YMCA of the Triangle, Raleigh, NC
 The Woodlands, TX
 Beaver Creek, CO
 Ft. Collins, CO
 Vale, CO
 Cedar Hills, UT
 Clinton City, UT
 Lindon City, UT
 Orem, UT
 Pleasant Grove, UT
 Providence City, UT
 Provo, UT
 Salem City, UT
 Berkeley, CA
 Carlsbad, CA
 Coronado, CA
 Laguna Beach, CA
 Moorpark, CA
 Newport Beach, CA
 Ojai, CA
 San Clemente, CA
 Yountville, CA
 Sun River, OR
 District of North Vancouver, BC Canada
 Vancouver, BC
 Town of Coquitlam, BC Canada
 Penticton, BC Canada
 City of Cranbrook, BC Canada
 Medicine Hat, AB Canada
The following people have given us permission to give out their name as a reference.

Pelican Landing – Bonita Springs, FL
Janel Wisniewski
239-947-5977

6 [email protected]
Heritage Bay Golf & Country Club – Naples, FL
Tennis Center
Rachel Dindak
239-304-5911
[email protected]
Toscana Country Club – Indian Wells, CA
760-404-1590
Cary Collins – Tennis Pro
[email protected]
Dee Ahern – Pickleball Pro
[email protected]
Tanglewood (Hometown America) - Sebring, FL
Tammy Martin
863-402-1500
[email protected]
Acoustifence Reduces Pickleball Court Noise by More Than 50 Percent USA Pickleball Association Test Shows
Posted by Thomas Wiseman on Mon, Apr 8, 2013 @ 01:38 PM

7 YUMA, Ariz., April 3, 2013 - Acoustifence soundproofing material placed around a pickleball court reduced noise by 10- 12 decibels in a sound meter test conducted by USA Pickleball Association president Bill Booth on April 17, 2012 at the Country Roads RV Village pickleball courts in Yuma, Ariz. This represents more than a 50 percent reduction in sound as perceived by the human ear the report concludes.

Even as one of the fastest-growing sports in the United States continues to gain new participants and fans every day, pickleball is disturbing some neighbors and communities who don’t want the courts around because paddle noise has become a nuisance issue for some people living close to the courts.

In addition to being one of the fastest-growing sports in the United States today, pickleball has spread overseas into Canada, Singapore, India, Pakistan and other places. According to the USA Pickleball Association, the sport boasts an estimated 100,000 adult players in the United States now, more than triple the number in 2003. There are about 2,500 public courts, versus just 150 in 2003.

For decades, the game of pickleball was little known outside the Pacific Northwest United States. Since its inception in 1965 as a backyard pastime, it is now an organized sport represented by national and international governing bodies.

While people ages 6 to 70-plus play pickleball and even compete in local, regional and national tournaments, the main driver of the recent growth is the 55-plus demographic who have taken a liking to the sport. They view it as a way to exercise, burn calories, socialize, and get outdoors. More and more pickleball courts are being built in community parks and especially into 55-plus housing developments. Some communities are converting sporadically used tennis courts into pickleball courts or painting additional lines on tennis courts so pickleball can also be played. Pickleball is played on a smaller court size than tennis but has a similar court design.

8 More courts, participants, tournaments, and attention to the game has brought on more public complaints and even noise or nuisance related lawsuits attempting to stop play on existing courts or stop construction of new courts.

Racquet and paddle sports like tennis, badminton, and table tennis (ping pong) each produce a unique sound when the racquet or paddle hits the ball. In pickleball, there is a “ping, ping” sound made when the paddle hits the ball because the sport uses medium-sized, solid faced wooden, composite or graphite paddles and a hard plastic perforated ball (resembles a Wiffle ball) that is larger, stiffer and less resistant than a tennis ball. The noise generated by the game is louder, sharper and at a higher pitch than tennis which generates a deeper “thwack” sound that registers far lower on a sound meter.

Pickleball paddle noise is in a sound classification called impact noise – noise that occurs when an object collides with another object. It is a high frequency noise that is at a frequency that our ears are most attuned to. Through Acoustiblok’s analysis and modeling efforts of various pickleball noise related projects, the company says there’s one limiting band of approximately 1.25 Khz (1250 hz) that spikes when the paddle hits the ball. Acoustifence blocks much of the noise and reduces it to below a nuisance level for nearby neighbors, becoming barely perceptible among other outdoor background noises such as automobile, airplane, human, and machine noise.

You can hear the pickleball paddle noise for yourself by watching the following YouTube video of a tournament match at:
http://www.youtube.com/watch?v=pdVMcIDQJlA [http://www.youtube.com/watch?v=pdVMcIDQJlA __title__ USA Pickleball Association nationals competition]
Unlike often tried natural sound barriers such as fences or shrubs, the Acoustifence material does extraordinarily well in not only blocking direct sound, but also has a tendency to reduce sound from reflecting off it. Acoustifence is a revolutionary heavy mineral filled viscoelastic polymer sound deadening material which is only 3mm (1/8 inch) thick. It’s made in the United States and compared to other soundproofing alternatives, is an economical way to reduce outdoor noise.

The ultraviolet (UV) tolerant Acoustifence is hung via grommets onto the top line of existing chain link, panel, security or support pole fencing systems. It comes in 6 X 30 foot-sheets and can be easily cut and shaped into custom sizes with a craft knife. On solid structure fence surfaces, Acoustifence can be installed by nailing, stapling or gluing. Acoustifence is one of the most effective first steps in reducing outdoor noise. The amount of noise Acoustifence reduces however is much related to other reflective structures in the area. More details on Acoustifence can be seen at:
http://www.acoustiblok.com/acoustical_fence.php
Country Roads RV Resort is a 55-plus gated community which boasts 150 acres of lavish, mature landscaping and 1294 privately owned home sites. The Acoustifence testing was conducted by USA Pickleball Association president Bill Booth.

Tests were made using a Sper Scientific Digital Datalogging Sound Meter (model 840013), a S-Type Composite Extreme Paddle, and New Dura Fast 40 outdoor balls. Tests were made with the tester attempting to hit the ball with maximum force for a worse-case scenario. A series of readings were taken both through the Acoustifence sound curtain and with no sound curtain. Readings were recorded with the meter at 50 feet from the point of impact. In the first case, the reading was even taken through the sound curtain next to a nearby home at a point 42 feet from the sound curtain. The paddle was 8 feet inside the court for a total of 50 feet. The second set of readings was recorded inside the court at a distance of 50 feet from the point of impact.

With no sound curtain, readings ranged from 64.2 – 71.8 decibels for an average of 68 decibels. Through the Acoustifence sound curtain, the meter readings were between 54.7 – 59.2 decibels for an average reading of 56.7 decibels. The report concluded that an 11.3 decibel reduction in sound was achieved. This represents more than a 50 percent reduction in sound as perceived by the human ear by nearby homeowners. That reduction in sound takes the pickleball noise from being annoying to someone to being just barely perceptible, the report conclusion stated. The report also recommended that the Acoustifence product be installed on the inside of the pickleball court if the fence posts are outside the court. The report went on to say that homeowners near the Country Roads RV Village pickleball courts who had the most complaints and lived closest to the courts reported a significant reduction in sound level from having the Page 103 of 135 9 Acoustifence material up. He said that his wife often does not realize that they are playing on the court. At times, ambient noise significantly exceeded paddle noise.

Lahnie Johnson is president and founder of Acoustiblok, Inc., a NASA spinoff listed company in Tampa, Fla., that invented and manufactures the Acoustifence product.
“Acoustifence serves as a barrier and blocks high frequency sounds very well. The material actually flexes with certain frequencies. In the process of sound waves physically moving it, the product transforms sound wave energy into inaudible internal friction energy. It’s Underwriters Laboratories listed and has attained an STC (Sound Transmission Class) of 28 decibels in independent laboratory tests,” said Johnson. “Like all our products, Acoustifence is made in the USA with all USA materials. Besides the primary benefit of reduction in perceivedise levels, there are many reasons why Acoustifence is being used not only in the United States, but across the globe for many applications,” he said.
“There are many reasons why Acoustifence is a good solution for pickleball noise. For homeowner associations and developers, Acoustifence easily attaches to existing fencing found around most existing pickleball courts and complexes and can be put up in a matter of hours with a few minor hand tools. It is easily configurable to add height and length so it can be used on fences of any size. The material is paintable to meet the needs of the environment,” said an Acoustiblok sales associate who has worked with various pickleball related customers “There are vinyl photographic coverings for the fence called Acoustiblok landscapes. Hundreds of different unbelievably realistic landscapes are available, from vines and flowers to even antique brick wall, or stone fence photographs. So real one of our customers drove right by their home forgetting they had it installed,” he added. “Acoustifence is also one of the best priced first response soundproofing solutions in the industry” .

Melissa Wood is community association manager at Country Roads RV Village. In a related World Fence News article about pickleball and Acoustifence, she said, “I can attest that Acoustifence material is not difficult to install, can be easily blended into the aesthetics, particularly if you have existing wind screens.” She added that Country Roads RV Village is located near Phoenix and other communities have seen the installation and have inquired about it.

Besides pickleball, Acoustifence is commonly used to quiet generator and motor noise at industrial sites, highway and construction related noise on bridges, mass transit rail line noise, shooting/gun range noise, and even dog kennel noise. It is also being used at college sports complexes and athletic parks and on private backyard residential fences to create a quieter and more peaceful environment.
“People are discovering that there are a lot of great uses for this modern day soundproofing product,” Johnson said.

Johnson went on to say, “We’re not just a soundproofing products company, we’re a noise solutions company.

Sometimes, prior to the sale of Acoustiblok’s products, we perform computer-based sound propagation modeling when customers are unsure if Acoustiblok’s materials will work in their specific application. “We use advanced software called Cadna-A, a top acoustical software made by DataKustic used in the prediction of environmental outdoor noise. It calculates sounds through mediums and different barriers and terrains. We have used it for pickleball-related customers who all have a different set of circumstances associated with their noise. We also use DataKustic’s Cadna-R software for prediction and presentation of inside noise in industrial facilities, rooms and workplaces.”
“We use this acoustical modeling to say to the potential customer ‘here’s your noise level now without Acoustiblok’s material and here’s the noise level with our material based on the noise information we have available to us right now.’”

10 For more information about Acoustiblok Inc., or Acoustifence visit the Acoustiblok website (www.acoustiblok.com), send an Email to [email protected], or call 813-980-1400 ext. 3202 and ask for our Pickleball specialist, Charles O’Meara.

Finally, prepare to be amazed. This is a link to an excerpt from the National Geographic Channel television show, Showdown of the Unbeatables. We won the challenge by blocking the sound of the world’s loudest train horn, a whopping 143 dB. But rather than watch a 30 minute show here is video clip of the box that we built with a loud guitar playing inside. The box is made with our namesake Acoustiblok barrier material, the basis for our Acoustifence (one layer of Acoustiblok in a wall assembly is more effective at blocking noise than 10 inches of poured concrete). https://vimeo.com/123010204
Red and Green Paddle List
Here is the link to the approved paddle list from the community in Surprise, Arizona. While the list has not been recently updated, it still contains some valuable information about some of the paddles people are using. Quiet Pickleball Paddle Approved/Banned List Noisy Pickleball Paddles list.

Unfortunately, there is no ‘Cone of Silence’ to completely eliminate Pickleball noise. That’s why I recommend setting a realistic expectation so the affected homeowners understand that you can reduce the noise (by 50% or even more), but you cannot make it completely disappear…unless you cease playing. Just my two cents.

As questions come up, I am an email or phone call away. Looking forward to speaking with you again.

Charles O'Meara, MBA I Director - Pickleball Noise Abatement I Acoustiblok, Inc....Quieting the world 6900 Interbay Boulevard I Tampa, Florida U.S.A. 33616
p 813.980.1400 x 3202 I f 813.549.2653
[email protected]
www.acoustiblok.com
Made in the USA
E-mail Disclaimer: Information in this e-mail, and in any accompanying documents, is confidential and/or legally privileged information. The information is intended only for use by the designated recipient. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of, or taking of any action in reliance on this e-mail is strictly prohibited. If you have received this email communication in error, please notify the sender immediately and delete the message from your system. 813-980-1400

Item No. 8
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
DATE: OCTOBER 18, 2023
SUBJECT: CONSIDERATION OF APPLICANTS FOR APPOINTMENT TO

THE ENVIRONMENTAL PROGRAMS COMMITTEE

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.

BACKGROUND
The Environmental Programs Committee has two (2) vacancies. The vacancies are the result of current Councilmember Holland’s appointment to City Council in December 2022 and a committee resignation in 2021, which has remained vacant. The vacancies are for terms expiring June 30, 2027, and June 30, 2025.

There are two applications:
• Hui, Min
• Sandu, Suneet
Appointment Process
It is recommended that the Council consider appointments to the longest term first. It may be prudent to poll the applicant's interest in longer or shorter terms. The Council should announce the term for which an appointment is being considered and then vote for applicant for that term. The City Clerk is available to assist with voting sheets if requested. Voting shall continue until an applicant is selected for the specific term.

FISCAL IMPACT
None.

GOAL ALIGNMENT

EPC Appointment
OCTOBER 18, 2023

This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area E – Strengthen Community Engagement and Transparency • Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The Council is not obligated to appoint any of the candidates and may choose to extend the candidate recruitment process as it deems necessary. The Council reserves complete discretion in appointments.

Town Commissions and Committees represent a key component of civic engagement within the community. The participation of the members is a vital part of the Town’s public engagement and review process. These groups have the ability to gather public input on an issue and provide feedback and recommendations to the City Council for consideration.

When evaluating applicants for Commissions and Committees, the City Council should consider the role of each committee, the amount of oversight needed, cost effectiveness, efficiency in decision-making, and the desire of the City Council for direct policy involvement on particular issues.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 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 1,400 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.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS

1. Committee Applications

2. Committees and Commissions Roster

3. Committees and Commission Governing Resolution (Reso No. 23-20)

1 Anthony Suber
From: [email protected]
Sent: Monday, September 18, 2023 5:17 PM
To: Anthony Suber; Francesca Reyes
Subject: Online Form Submittal: Application for Town Committee/Commission [The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Application for Town Committee/Commission
Name Min Hui
Address 46 Almendral Ave
Phone Number 15105798992
Email Address [email protected]
Commission/Committee of
Interest
EPC
Education Tsinghua University, Master in Environmental Engineering, 1992
Duke University, Ph.D. in Chemistry, 1998
Stanford University, Master in Management Science &
Engineering, 2002
List your civic affiliations
and community activities,
including service on other
commissions and
committees?
Not yet
Describe your
understanding of the
responsibilities of the
commission or committee
that you are applying for
and how your personal,
community or professional
experience relate to these
responsibilities?
A commission or committee responsible for environmental protection typically plays a crucial role in safeguarding the environment, promoting sustainable practices, and addressing various environmental issues within a specific jurisdiction. The responsibilities of such a commission or committee can vary depending on its mandate, but they generally include the following: 1)
A commission or committee responsible for environmental protection typically plays a crucial role in safeguarding the environment, promoting sustainable practices, and addressing various environmental issues within a specific jurisdiction. The responsibilities of such a commission or committee can vary

2 depending on its mandate, but they generally include the following: 1) Policy Development; 2) Environmental Monitoring; 3) Public Education and Outreach; 4) Permitting and
Compliance; 5) Environmental Impact Assessment; 6) Natural Resource Management; 7) Emergency Response; 8) Research and Innovation.

I received BS and Master degree in Environment Engineering.

My personality traits of being pleasant, energetic, enthusiastic, and knowledgeable are well-suited for a position in
environmental protection. These qualities can help me build positive relationships, inspire others, and effectively advocate for environmental causes. However, in addition to these traits, having a strong understanding of environmental science and policy is crucial for success in such a role. Consider pursuing opportunities that allow me to apply my enthusiasm and
knowledge to make a meaningful impact in environmental
conservation.

Describe why you want to
serve on this commission
and what you hope to
accomplish as a member?
My two kids are all grown up. I have lots of free time.

I'm passionate about environmental protection and wish to serve on this commission to contribute actively. As a member, I aim to promote sustainable practices, raise awareness, and advocate for policies that reduce our environmental impact. My goal is to leave a lasting legacy of environmental stewardship for our community."
Additional Information you
would like to add?
You can always send me email at [email protected] or call me at 510-579-8992

From: [email protected]
To: Anthony Suber; Francesca Reyes
Subject: Online Form Submittal: Application for Town Committee/Commission Date: Monday, September 25, 2023 1:51:52 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Application for Town Committee/Commission
Name suneet sandhu
Address 71 Douglass Way
Phone Number 5103334686
Email Address [email protected]
Commission/Committee
of Interest
Environmental Programs Committee
Education B.S and MSc in Molecular, Cellular and Developmental Biology List your civic
affiliations and
community activities,
including service on
other commissions and
committees?
Former President of the Lightning Youth Field Hockey Club Describe your
understanding of the
responsibilities of the
commission or
committee that you are
applying for and how
your personal,
community or
professional experience
relate to these
responsibilities?
To create opportunities for the community to engage in
environmental programs that reflect the best interests of the town and its citizens and businesses that educate and maintain the town's natural environment.

Describe why you want
to serve on this
commission and what
you hope to accomplish
as a member?
My main interest would be to create programs to engage the community to find synergistic opportunities that would allow for the preservation of our natural environment and its resources.

Additionally, I would hope to engage more of our community's youth to develop an interest in understanding the policies that effect the natural environment where they live.

Additional Information
you would like to add?
I have 2 older children (15 and 19), work full time and am very active in their school activities.

Resolution No. 23-20 Page 1 of 8 September 20, 2023
RESOLUTION 23-20
AMENDS RESOLUTION 23-17
A Resolution of the City Council of the Town of Atherton Establishing and Governing Town Committees
Amended June 21, 2023
The City Council of the Town of Atherton hereby resolves as follows:

Section 1. Establishment of Committees
The following committees are established for the Town of Atherton:

1. Audit/Finance Committee

2. Environmental Programs Committee

3. Park and Recreation Committee

4. Transportation, Bicycle and Pedestrian Safety Committee

Section 2. Committee Principles and Rules of Procedure
Principles: All committees shall follow the City Council Rules of Procedure, the Atherton Municipal Code, the Political Reform Act, and the provisions of the California Open Public Meeting Law (Brown Act). These resources may be found on the Town’s website and/or via the City Clerk’s Office. All members shall attend an education and training session hosted by the City Attorney and City Clerk upon appointment.

The responsibility and accountability for all work necessary to efficiently and cost effectively carry out the advisory functions of each committee shall rest exclusively with the Chairman or Council Member assigned to the committee.

A Town Department is assigned to each Committee. Each Department Manager is responsible for providing the necessary staff (in the most cost-effective manner) to prepare for and attend committee meetings. This includes but is not limited to meeting with the Committee Chair and City Council Liaison in advance of each meeting to create an agenda; prepare the agenda packet; take and prepare minutes; and conduct follow up from meetings.

Committee Agenda Preparation: In general practice, the staff liaison to each committee shall meet with the Committee Chair and the City Council Liaison in advance of each upcoming meeting to review the meeting agenda. Regular agenda items, such as approval of meeting minutes, followup staff reports, and general information reports shall be added to the agenda as needed. Other items shall be added through one of the methods described below.

One of the following methods may be used for placing an item on a Committee agenda:

Resolution No. 23-20 Page 2 of 8 September 20, 2023

1. Council: A majority vote of the Council may direct staff to add an item to a Committee agenda.

2. City Manager: The City Manager may receive requests for agenda items from the public, staff, a committee member or a Council Member. The City Manager will review the request with the Committee Chair and City Council liaison. The City Manager shall have sole discretion to refer the request to the City Council at the next available meeting, or schedule the item for the Committee agenda.

3. Staff and Committees: There may be a need for routine agenda items which may arise out of committee meeting discussions; are requested and agreed on by a majority of the Committee as part of Future Agenda Items; or items created from staff follow up of previous Committee and/or staff meetings. These items may be added to a future agenda following an agenda preparation meeting between the Committee Chair, Council Member liaison and staff liaison.

4. Colleagues’ Memorandum: If at least two committee members prepare a colleagues' memo, the staff liaison shall place the item on the Committee’s agenda under a Future Agenda Items Section. A colleague's memo is a written request, no more than two pages in length, presenting an item to be added to a future agenda. Upon review of the colleagues’ memo, the Committee shall not discuss the merits of the item itself; but shall solely discuss whether to add the item to a future agenda for discussion. Upon majority vote of the Committee, the item shall be added to the next agenda or a specific designated Agenda.

Committee Procedures for placing items on Council agenda:

1. Committee Action: Any formal recommendation to Council taken by a Committee shall be placed on a City Council agenda within the next two regular meetings.

The City Clerk has overall responsibility for posting committee agendas.

Advocate: Collectively, committees are encouraged to advocate positions to the City Council on matters under the purview of their committee. Otherwise, no committee or any of its members shall represent itself or themselves as speaking on behalf of the Town, City Council, and/or committee without prior approval of the City Council. Individual members are not authorized to make public statements or comments on matters within the purview of their committee outside of the normal committee process. It could be perceived as using the member’s position to indicate some special knowledge or understanding of the matter, or to confuse members of the public with respect to whether the comments are being made to improperly influence an agency decision.

Committee members should refrain from using their title when addressing other boards, commissions, committees, or the City Council to avoid creating an appearance of special status to the public. Statements of previously approved City Council policy may be made without additional City Council approval. When there is a question, a committee member shall consult the City Attorney for advice. Members of committees may attend meetings of other committees and the City Council; however, members shall not present opinions of their own committee at such meeting unless the position is previously approved by their committee. A quorum of a committee may attend such a meeting, but they may not discuss among themselves Town business, nor comment or discuss the matter under consideration unless authorized to do so by the committee to avoid a possible Brown Act violation.

Resolution No. 23-20 Page 3 of 8 September 20, 2023
Educational Materials: Committees may provide approved educational materials to the public regarding the functions and actions of the committee, but shall not engage in advocating to the public any particular position which is contrary to City Council policy. Any educational materials sent to the public shall be approved by the City Manager, and shall follow the Town’s procurement process. It shall be the City Manager’s discretion on whether or not the educational materials need Council approval beforehand.

Meetings: The Committee shall establish a regular meeting schedule on an annual basis in July.

The Department assigned to the committee shall update the website to reflect the meeting schedule.

Changes in the dates or time of meetings from the established schedule may be made by majority vote of the committee.

Minutes: Staff shall prepare action minutes for all committees. Action minutes shall be presented to the City Clerk within 7 days following the meeting or as soon as feasible if there is a reason not to produce them within that timeframe. Finalized minutes should be sent electronically to the City Clerk for posting, after the Committee has approved them. The City Clerk will share appropriate information received from the minutes with the City Manager and City Council.

Reports: If desired by the City Council, an annual report shall be created and approved by the Committee and provided to the City Manager, City Clerk and City Council of committee activities for the preceding year.

Special Meetings: The Chair or a majority of the Committee may call a special meeting at any time in accordance with the Brown Act.

Website: Any website created for a Committee by the Town shall be incorporated into the Town’s website. If created, websites shall be developed in accordance with the “advocate” section of this resolution.

Section 3: Appointment of Voting Members to Committees
Appointment: Members other than City Council Members shall be appointed following recruitment process set forth by the City Clerk and approved by the City Council. With the exception of the Transportation, Bicycle and Pedestrian Safety Committee as described, all appointed members shall be Atherton residents. Members shall serve at the pleasure of the City Council, or until the expiration of their terms set out below. The terms of the Members were staggered pursuant to Resolution No. 19-07 with subsequent terms of appointment reverting to the standard 4-year term. Vacancies in any committee arising from any reason, including expiration of term, shall be filled by temporary appointment of the City Council, or by annual recruitment.

The Committee Chairperson or staff assigned shall notify the City Clerk of resignations and vacancies. Each Committee which cannot fill at least 50% of its seats shall be postponed until the Town can recruit at least a quorum (50%+1). During that time, the City Council shall continually recruit qualified individuals and town staff shall continue to advertise periodically.

Resolution No. 23-20 Page 4 of 8 September 20, 2023
Term expiration dates shall end on June 30. Appointed committee members shall serve no more than two full consecutive terms on the committee to which they are appointed. A member may be reappointed to the committee following a minimum two (2) year hiatus. However, if a seat is vacant and no one applies, City Council may grant an exemption.

City Council representatives and any alternates on committees are selected by the Mayor and approved by the City Council to serve a one (1) year term. Appointed City Council Members and City Council Member Alternates shall serve as liaisons to Committees; but shall not serve as voting members to Committees. Alternates participate on committees in the absence of the appointed Council Members. For each Committee, unless otherwise directed by the City Council, one City Council member shall be appointed as a primary liaison and one as an alternate. Members shall coordinate attendance to ensure appropriate representation.

Members who intend to be absent from a meeting shall alert the chairperson and/or staff person assigned. The Chairperson shall state during the meeting, under roll call whether the member is excused (notification was given) or absent (no notification was given). Unexcused absences of members, other than City Council Members, from two or more consecutively scheduled meetings shall result in the automatic vacation of the member’s office. The staff person assigned to the Committee shall work with the Chairperson to alert the City Clerk of consecutive absences. The City Clerk shall alert the City Manager who shall decide how to inform City Council. City Council has the authority to override this rule based on the information received.

Chairperson and Staff: Each committee shall have a Chairperson. The Committee shall select its Chair on an annual basis in July. Council Members shall not serve as Chair or Vice Chair of Committees. The Department assigned to the committee shall have the authority to appoint staff member(s) to serve Town committees. Any requests by a committee for staff work, information, or assistance from Town staff shall be made to the City Manager.

Section 4: Funding for Committees
Committees do not have authorization to expend Town resources. In the event funding for a committee activity is desired, a budget shall be prepared and presented to the City Council for review and approval as part of the Town’s regular budget process. The committee shall follow the guidelines set forth by the purchasing policy approved by City Council through Ordinance 595 and any expenditure policies developed and approved by the City Council. No Committee member shall use his or her own personal credit card. For items under $150 a committee member may request a cash advance and then come back to the Town with itemized receipts. For items over $150, a committee member shall complete a check request from the Town or have the Town purchase the goods/services.

Section 5: Committee Composition, Powers and Duties

1. Audit/Finance Committee
The Audit/Finance Committee makes recommendations to the City Council on issues related to the Town’s audit and finances. The Committee typically meets every other

Resolution No. 23-20 Page 5 of 8 September 20, 2023
month. Acting in an advisory capacity, the Audit/Finance Committee shall have the following powers and duties:
a. Make recommendations to the City Council in all matters pertaining to Town finances; b. Discuss and consult with the City Manager on any matter pertaining to the budget, capital spending plan and the long-range financial plan for the Town; c. Upon request, make recommendations to the City Council in all matters pertaining to the Town’s annual audit;
d. Assist staff, as needed, in the provision of oversight to the annual audit process; and, assist in the presentation of the annual audit to the City Council with recommendations as to acceptance;
e. Upon request, advise the City Council regarding appointment of outside auditors to complete the annual audit;
f. Assist staff as needed in the review of the proposed audit scope prior to commencement of annual audit.

The Committee consists of two (2) City Council liaisons, typically the Mayor and Vice Mayor, and five (5) appointed resident members Resident appointed members shall serve a term of four (4) years. The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The Finance Department is assigned overall responsibility of the Audit/Finance Committee.

Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

2. Environmental Programs Committee
The Environmental Programs Committee provides the City Council with recommendations, outreach programs, and education on environmental issues facing the Town’s natural and built environment. The Environmental Programs Committee typically meets every other month. Acting in an advisory capacity, the Environmental Programs Committee shall have the following powers and duties:
a. Upon request, make recommendations (programmatic and legislative) to the City Council on all matters pertaining to the Town’s natural and built environment and the Town’s regional role and responsibilities as one of the communities on the San Francisco Bay Peninsula.
b. Pursuant to established City Council programs and policy, assist staff in the creation of pro-active community engagement programs for residents, commercial and public enterprises active within the Town’s jurisdiction.

The Environmental Programs Committee consists of five (5) appointed resident members and one (1) City Council Member liaison. Resident appointed members shall serve a term

Resolution No. 23-20 Page 6 of 8 September 20, 2023
of four (4) years. The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The City Manager’s Department is assigned overall responsibility of the Environmental Programs Committee.

Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

3. Park and Recreation Committee
The Park and Recreation Committee makes recommendations to the City Council on issues related to Holbrook Palmer Park and any active or passive recreational space within the Town. The Committee typically meets monthly. Acting in an advisory capacity, the Park and Recreation Committee shall have the following powers and duties:
a. Upon request, make recommendations to the City Council in all matters pertaining to the Town’s active and passive parks and public recreation services; b. Work with staff, as needed, to assist other governmental agencies and public and private groups in the advancement of park and recreation planning and programming; c. Work with staff to develop and maintain a Master Plan for active and passive recreational spaces within the Town; and, annually, in the month of April, present a report to the City Council;
d. Work with staff to review the annual budget for the Town’s park and recreation programs and services during the budget process and make recommendations with respect thereto to the City Council.
e. Assist staff with a review of fees and services within the Park and make recommendations with respect thereto to the City Council. f. Upon request, study and make recommendations on the acquisition and development of recreation areas, activities and facilities such as playgrounds, buildings, parks, open space and other centers of recreation;
g. Assist staff in the planning of recreation programs for the community.

The Park and Recreation Committee consists of seven (7) appointed resident members and one (1) City Council Member liaison. Of the appointed members, two members shall be representatives of the Holbrook-Palmer Park Foundation. Each of the foregoing representatives shall serve a term of two (2) years. When a vacancy arises, the City Clerk will contact each organization to request a new representative. If the organization submits more than two candidates, the City Council shall select the candidate to serve as the representative.

Remaining resident appointed members serve a term of four (4) years. The Park and Recreation Committee meets in Holbrook-Palmer Park.

The Public Works Department is assigned overall responsibility of the Park and Recreation Committee.

Resolution No. 23-20 Page 7 of 8 September 20, 2023
Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

4. Transportation, Bicycle and Pedestrian Safety Committee The Transportation, Bicycle and Pedestrian Safety Committee makes recommendations to the City Council on issues related to transportation, traffic, roadway safety, pedestrian and bicycle safety. This committee shall satisfy the requirements of the Metropolitan Transportation Commission as the Town’s Transportation, Bicycle and Pedestrian Safety Committee Membership should be composed of both bicyclists and pedestrians. The Committee typically meets every other month. The Committee consists of seven (7) appointed members and one (1) City Council Member liaison. Committee appointed members shall serve terms of four-year (4) years. Acting in an advisory capacity, the Committee shall have the following powers and duties:
a. Upon request, make recommendations to the City Council in all matters pertaining to transportation, traffic, and roadway safety within the Town. b. As needed, assist staff in the identification and review of traffic and roadway safety enhancements.
c. As needed, assist staff in the review of regional project impacts on local traffic and transportation corridors.
d. As needed, assist staff in the review of traffic safety enforcement measures. e. As needed, assist staff in the review of Neighborhood Traffic Management Program requests.
f. Work with staff in providing recommendations on issues related to the Town’s bicycle and pedestrian network and Bicycle and Pedestrian Master Plan. g. Make recommendations to the City Council on the selection of bicycle and pedestrian projects to be submitted for state and federal funding opportunities. h. Work with staff to promote bicycling and walking as safe and healthy alternative modes of transportation, including safe routes to schools. i. Assist Town staff in the planning, operations and maintenance of bicycle and pedestrian facilities in Town.

The Police Department shall have overall responsibility of the Transportation Committee.

The Chief of Police will coordinate with the Public Works Department when Public Works staff are needed for the meeting.

Resolution 19-07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

Resolution No. 23-20 Page 8 of 8 September 20, 2023
Section 6: Advice
Appointed members of committees are encouraged to seek advice from Town staff when they are uncertain of the foregoing rules.

This Resolution shall be effective immediately upon adoption. All previous resolutions governing Town committees and commissions including Resolution No. 15-10 and Resolution No. 19-07 are hereby superseded and rescinded.

I hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the Town of Atherton at a regular meeting thereof held on the 20th day of September 2023, by the following vote.

AYES: 5 COUNCIL MEMBERS: Holland, DeGolia, Lewis, Hawkins, Widmer NOES: 0 COUNCIL MEMBERS:

ABSENT: 0 COUNCIL MEMBERS:

ABSTAIN: 0 COUNCIL MEMBERS:

_______________________
Bill Widmer, Mayor
Town of Atherton
ATTEST:
______________________
Anthony Suber, City Clerk
APPROVED AS TO FORM:
_________________________________
Andreas Booher, Assistant City Attorney

Name Appointment Expiration
Walter Sleeth 6/2020 6/2023
Kate Scolnick 6/2020 6/2024
Devika Patil 6/2021 6/2025
Ann Yvonne Walker 6/2021 6/2025
Thomas Hill 1/2022 6/2026
Name Appointment Expiration
Raymond Juballa 6/2023 6/30/2027
Jerome Leugers 6/2023 6/30/2027
VACANT 6/30/2026
Joseph Davis 6/2021 6/30/2025
Steve Baloff 6/2021 6/30/2025
Tom Owen 6/2020 6/30/2024
David Jones 6/2020 6/30/2024
Name Appointment Expiration
VACANT 6/30/2023
Gregory Loew 6/2021 6/30/2023
Amy Farrell 6/2022 6/30/2024
VACANT 6/30/2025
Kenneth Frederick 6/2022 6/30/2026
Name Appointment Expiration
Alex Keh 6/2023 6/30/2027
Julianna Robertson 6/2023 6/30/2027
Noah Eisner 6/2022 6/30/2024
Robert Roeser 10/2022 6/30/2026
Patricia Kubal 7/2022 6/30/2026
Frank Merrill 6/2022 6/30/2024
Walter Robinson 6/2023 6/30/2025
Name Appointment Expiration
Paul Tonelli 6/2023 6/30/2027
Thom Bryant 6/2023 6/30/2027
Eric Lane 6/2022 6/30/2026
Bob Polito 3/2023 6/30/2025
Nancy Lerner 6/2020 6/30/2024
Planning Commission
Audit and Finance Committee
Commissions & Committees Roster

FOUNDATION APPOINTMENT
Transportation, Bicycle and Pedestrian Safety
Committee
Environmental Programs Committee
Park and Recreation Committee

Item No. 9
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: RACHAEL LONDER, MANAGEMENT ANALYST II
DATE: OCTOBER 18, 2023
SUBJECT: DISCUSSION AND DIRECTION REGARDING THE 2024 EARTH

DAY EVENT

RECOMMENDATION
Discuss and provide direction on whether the 2024 Earth Day Event shall be held in partnership with neighboring jurisdictions and community-based organizations.

BACKGROUND
Every year in April, the Town comes together to honor Earth Day. The Environmental Programs Committee (EPC) assists staff in planning and facilitating an Earth Day Event designed to engage and educate the community on sustainability and climate-related topics as well as promote the goals of the Town’s Climate Action Plan (CAP). In 2020 and 2021, the EPC decided not to host an in-person Earth Day Event due to the Covid-19 pandemic. In 2022, the EPC hosted an Earth Day Event at Holbrook-Palmer Park that included 35 vendors and over 300 attendees.

Additionally, neighboring jurisdictions came together to host a We Love Earth Festival in Menlo Park which included similar activities and vendors as Atherton’s Earth Day Event.

In 2023, the Town was invited to participate in coordinating a collaborative event between neighboring jurisdictions, Menlo Park, East Palo Alto, Palo Alto, and the County, and communitybased organizations. The collaborative event, titled the Love Our Earth Festival, leveraged funding, resources, volunteers, and staff to improve event coordination and the experience for the community. The goal of the event was to educate residents and drive behavior change to support meeting the Town’s Climate Action Plan goals by offering a “one-stop-shop” to check out a suite of practical climate solutions including electric appliances, clean vehicles, bicycles, and e-bikes, green landscaping resources, and more. The Town contributed $5,000 and the other agencies contributed just over $15,000. The Festival was held on April 22, 2023 at Menlo-Atherton High School from 11:00 AM to 4:00 PM with set-up starting at 6:30 AM and clean-up going until 5:30 PM. There were 1,338 individuals registered to attend.

The 2023 Love Our Earth Festival details are as follows:

Earth Day 2024
October 18, 2023

Food
• There were 20 vendors in the food marketplace. One food truck backed out last minute.

Eclipse gave away 700 ice cream samples by 2:00 PM. It was reported that food ran out early in the event and only samples, baked goods, or food to take home was left in the afternoon.

Clean Vehicle Showcase
• There were 40 different models of clean vehicles to browse. Cheryl Schaff from the Menlo Park Climate Team coordinated with all the dealerships that attended.

Speakers & Movie Screening
• The speaker series was kicked off with a welcome from Vice Mayor Hawkins Manuelian followed by the Vice Mayor from Palo Alto, the Mayor of Menlo Park, and the Mayor of East Palo Alto. Presenters included Dr. Rob Jackson, Dr. Rodolfo Dirzo, Dr. Pam Rittelmeyer, and Gary White. These speeches were not recorded and had low attendance. • The City of Menlo Park paid for a movie screening of Motherload about a parent’s journey using a cargo bike.

Kids’ Activities
• There were three story times hosted by the Atherton Library and the Menlo Park Library.

Kat Kid Adventure hosted a workshop on talking to kids about climate change. The Lizard Lady brought various reptiles for two 1-hr long shows. Additionally, local elementary schools and parent volunteers hosted arts and craft activities. There were also many exhibits catering to children including the chickens from the Peninsula Feed Store, dogs with the Humane Society and Pets in Need, and succulent plants from Cal Water. • There was a green career panel hosted by a local high school student.

Exhibits
• There were 80 vendors representing local Atherton organizations and resources, countywide programs, small businesses, and non-profits.

Volunteers
• There were 57 volunteers from the National Charity League, Tesla, 350 Silicon Valley, and the local high schools.

ANALYSIS
After the 2023 Love Our Earth Festival, the EPC determined that there would be value in collaborating with neighboring jurisdictions and community-based organizations to provide an engaging event for Atherton community members. Before moving forward, the EPC wanted to first check in with the City Council to determine if this was a direction the Council wanted to support. As the Council is aware, the EPC typically presents a plan for Earth Day to the City Council for approval prior to the City Council authorizing the event each year. A joint event would provide additional staffing, volunteers, budget, a larger selection of family-friendly activities, and

Earth Day 2024
October 18, 2023

more exhibitor interest; but such an event would also mean that the Town would need to commit to participation before having a complete event plan.

If the Town were to move forward with the collaborative approach, as recommended by the EPC, staff, and the EPC would need to commit to collaborative efforts, and it would not be practical to return to the Council along the way for approval on a specific workplan. Additionally, such an event would need to be hosted at a partner school or institution where the facilities can accommodate a variety of activities and a large crowd. If Council supports a collaborative event, staff will take the lead and work with the EPC and neighboring jurisdictions for a 2024 Earth Day event that stays within the Town’s $5,000 budget.

If the Town were to plan an event without partners at either Town Center or Holbrook Palmer Park, the event would need to be scaled down as the previous two years exceeded the budgeted $5,000. Additionally, facilities at both Town Center and Holbrook Palmer Park would not accommodate a cross-jurisdiction event and registration would be capped at 1,000 individuals.

FISCAL IMPACT
The Fiscal Year 2023/24 Budget includes funding for an Earth Day event in the amount of $5,000.

Any materials, efforts, or staffing resources associated with an Earth Day event that exceed this existing $5,000 budget would need to be authorized by the Town Council.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal F – Be Forward-Thinking, Well-Managed and Well-Planned

POLICY FOCUS
The EPC is charged under Resolution 2018-11 to “provide the City Council with recommendations, outreach programs, and education on environmental issues facing the Town’s natural and built environment.” Acting in an advisory capacity, the EPC has the following powers and duties:
a. Upon request, make recommendations (programmatic and legislative) to the City Council on all matters pertaining to the Town’s natural and built environment and the Town’s regional role and responsibilities as one of the communities on the San Francisco Bay Peninsula. b. Pursuant to established City Council programs and policy, assist staff in the creation of proactive community engagement programs for residents, commercial and public enterprises active within the Town’s jurisdiction.

Historically, the Town’s EPC has been the primary body in creating and supporting an annual Earth Day event for the Town, as approved by the Council. Considering costs, staff time, and

Earth Day 2024
October 18, 2023

vacancies on the EPC and in the Committee’s advisory role, the EPC is proposing a collaborative approach to celebrating Earth Day with an event by building off partnerships and successes from the 2023 Love Our Earth Festival. Further, as an advisory Committee, the EPC would only be allowed up to $5,000 as budgeted for Fiscal Year 2023/24, with those funds disbursed through staff. As a policy matter, it would be appropriate for the Council to review and provide direction on the Earth Day Event and use of the $5,000 budget.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 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.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item X has or __ has not been before a Town Committee or Commission. ____ Audit/Finance Committee (meets every other month)
____ Civic Center Advisory Committee (meets as needed)
_X__ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
____ Planning Commission (meets each month)
____ Transportation, Bicycle and Pedestrian Safety Committee (meets every other month)

ATTACHMENTS

1. No Attachments

Item No. 10
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
THROUGH: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
FROM: TIM AU, ASSOCIATE ENGINEER
DATE: OCTOBER 18, 2023
SUBJECT: REVIEW OF THE SIDEWALK REPAIR PROGRAM AND

AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF
$182,000.

RECOMMENDATION
It is recommended that the Council appropriate a budget of $182,000 to implement the program in FY 2023-24.

BACKGROUND
Following the Council Study session on September 6, 2023, regarding a proposed ordinance clarifying maintenance responsibilities and liability of property adjacent to public right-of-way, the Mayor and City Manager met with residents in the Lloyden Park neighborhood to discuss the proposed ordinance and listen to their concerns regarding the proposed ordinance.

On September 20, 2023, the City Council conducted a public hearing on the proposed ordinance.

Information regarding sidewalk repair programs from neighboring jurisdictions was provided with the staff report for the proposed ordinance. Also included with the report was a summary of a sidewalk assessment within the Lloyden Park neighborhood conducted by Precision Concrete Cutting in April/May 2023. Following discussion of the proposed ordinance, the City Council introduced the Ordinance for its 1st Reading, directed staff to move forward with a Sidewalk Repair Program with the Town taking responsibility for inspection and grinding work, and requested that staff return with the parameters of that program and a recommendation on how to proceed with larger sidewalk repairs.

Sidewalk Repair Program
OCTOBER 18, 2023

ANALYSIS
As noted above, Precision Concrete Cutting (PCC) performed an assessment of the sidewalk in the Lloyden Park neighborhood. PCC identified 825 instances of sidewalk uplift that they could address through grinding; 55 areas of sidewalk replacement that must be bid out separately (greater than 2” of uplift or slabs broken/unstable); and 6 utility box sections that need reporting to utility agencies for uplift. The 825 instances of sidewalk uplift that they could address via grinding totaled approximately $45,000 worth of work. The 55 areas of removal and replacement totaled approximately 2,848 square feet. This work would need to be publicly bid and has an estimated cost of $25 per square foot (depending on the market - could be higher) - would come to another $70,000+. Additional costs associated with associated curb and gutter replacement, where applicable, have not been estimated but would be included as Town costs.

Trees and tree roots are primary cause or contributing factor of uplift and breakage. To comply with the Americans with Disability Act (ADA) requirements, the replaced sidewalk surfaces may require cutting and removal of tree roots. The extent of tree root cutting needed was not assessed as part of the sidewalk assessment. At a cost of $500 per location of sidewalk replacements (55), the cost of root cutting would be approximately $27,500. It is important to note that root cutting can compromise the health and viability of the affected tree. If tree root cutting were to be conducted by the Town, a liability release regarding tree impacts would be required from the property owner.

Sidewalk Repair Program of Other Jurisdictions
Several jurisdictions have sidewalk repair programs to assist property owners in addressing sidewalk trip hazards. Most programs include provisions for concrete grinding, asphalt ramping, and sidewalk replacement. Some jurisdictions place the cost burden fully on the adjacent fronting property owners (either directly via citation or billing, or indirectly via an assessment district), others share the cost burden with the property owners, particularly if the issues are associated with publicly owned trees. Some jurisdictions take a shared approach, where the jurisdiction takes on the ramping and grinding aspects, where appropriate, and requires permanent repairs by the property owner.

Previous Practice
In the past, the Town has contracted and paid for basic grinding work for uplifted sidewalks using Parcel Tax funds. If the remedial work required panel replacement or root work, the Town would group up these areas and get three (3) public bids for the work. Each bid was separated by address/parcel. Staff would then reach out to each adjacent property owner and let them know they were responsible for the repair costs and the repair. Staff advised them of the Town’s cost and the property owner could opt to have the Town do the work and be invoiced for it or do it themselves based on the Town’s standard for construction. Most chose to have the Town do the work.

Policy direction regarding the extent to which the Town would participate in the costs for full panel sidewalk replacement and tree remediation is needed. An appropriation of funds is required to implement an effective program in addressing the sidewalk deficiencies and is linked to the policy

Sidewalk Repair Program
OCTOBER 18, 2023

direction.

Proposed Program
The recommended program requires Public Works staff to regularly inspect, and mark uneven surfaces needed repair. Via an existing collaborative agreement as part of the Town’s PLAN JPA Insurance Pool, staff will work with an identified contractor to coordinate a schedule for grinding uneven surfaces. Property owners will be advised on the work plan and schedule and “No Parking” signs will be provided with a minimum 48-hour notice to accommodate the construction activities.

The inspection will also identify areas that need concrete replacement work. Staff will initiate a solicitation of bids for concrete replacement work, including bid items for removal and replacement of sidewalks, driveways, tree root cutting and curb and gutter replacement so costs for such work can be firmly established. Notices will be sent to property owners regarding deficiencies and options regarding repair.

Once a contract has been approved and executed, a follow-up notice will be provided regarding required replacement work. The notice will include an option for the Town to coordinate the work and estimated construction costs along with liability release should the property owner request Town coordinate the work. Costs would be based on the approved contract unit prices plus an administrative fee of 25% to cover staff costs for soliciting bids, administering the contract, and for coordinating and inspecting the work. Costs to the Town and direct costs to property owners will be based on Council direction regarding financial responsibility/cost share for the sidewalk replacement portion of the program.

Estimated costs of the program are as follows for FY 2023/24. Costs for future years would be significantly less provided that the Town conducts a regular inspection program.

Concrete Grinding $45,000
Concrete Sidewalk Replacement $70,000
Curb and Gutter Replacement $25,000
Tree Root Pruning $25,000
Subtotal $165,000
Contingency (10%) $17,000
Total $182,000
It is recommended that the Town continue its previous policy of paying for inspection as well as sidewalk grinding. It is recommended that property owners be responsible for sidewalk replacement work as well as tree root pruning or remediation. The Town could also take on the cost responsibility for any curb, gutter and roadway work associated with the effort. Property owners would only be responsible for the work connected directly to their parcel frontage. If there is no work required in front of their parcel, there is no cost to the respective property owner.

Additional Considerations

Sidewalk Repair Program
OCTOBER 18, 2023

As noted above, many issues within the sidewalk area are related to trees and tree roots. Where sidewalks, curbs, gutters and streets are impacted by tree roots of heritage trees, it may be necessary to prune/remove large roots which may impact the health and integrity of the tree. The Heritage Tree Ordinance should be revised to include consideration of tree removals associated with such hazards in the public right-of-way.

Property owners in Lloyden Park have recommended that the Town consider taking on all costs for remediation in FY 2023/24 and implement the program as recommended above on a goingforward basis. The Council retains this as a policy option as well as modifying the extent of the cost share model going forward.

FISCAL IMPACT
The direct financial impact to the Town in FY 2023/24 and going forward will depend on Council’s policy direction regarding financial responsibility. Fiscal impact of the sidewalk grinding portion of the program is approximately $45,000. The Town must appropriate the full cost of the program as part of the budget even if seeking reimbursement from property owners, therefore, an appropriation $182,000 is needed to fund the sidewalk repair program in FY 2023/24. Final Town costs will be reduced by property owner reimbursement for sidewalk replacement work.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area B – Preserve Small Town Character and Quality of Life • Goal Area D – Manage Circulation and Improve Safety
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The Council’s policy focus should be on improving and maintaining accessibility along existing sidewalks and financial responsibility for maintenance activities.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 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.

Sidewalk Repair Program
OCTOBER 18, 2023

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS
None

Item No. 11
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
DATE: OCTOBER 18, 2023
SUBJECT: REVIEW MEETING PROTOCOLS, HATE SPEECH AND

REMOTE PUBLIC COMMENT DURING CITY COUNCIL,

COMMISSION AND COMMITTEE MEETINGS AND PROVIDE

FEEDBACK

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.

BACKGROUND
As a result of the harmful and disruptive impacts from the occurrence of hate speech through remote public comment during the September 20, 2023, City Council meeting, staff has prepared this report to review meeting protocols and Town obligations. There is no place for hate in the Town’s Mission, Vision, and Values for the community or the organization. The disruptive speech that took place on September 20 behind the anonymity of technology that allows remote public comment, was harmful to the community, staff, City Council and disruptive to the meeting.

However, such speech in a City Council meeting is also afforded protections under the First Amendment, as described in more detail below. The commenters who delivered the hate speech are technologically adept with remote comment technology, know their rights, are well-organized in their efforts to disrupt meeting proceedings, and achieved such disruption and harm on September 20, as well as at many other public meetings in our region recently.

Staff has evaluated the benefit of the convenience of remote verbal public comments against the potential for future disruption and intrusion. The Council should consider the balance between ensuring public engagement and protected speech rights. Prior to the pandemic, successful and robust public comment was provided through in-person and written engagement. Technological advances that allow remote verbal public comment, has resulted in a post-pandemic citizenry that have grown accustomed to the convenience of new technologies. Most cities in the region implement hybrid meeting technology to allow remote public comment. However, technologies

Meeting Protocols
OCTOBER 18, 2023

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1 can be abused, and when the avenues for such abuse become apparent, as with recent events, revisions may be necessary. Staff is confident that continued robust public comment and engagement can continue without allowing verbal remote public comment. While there may be strategies, as described in more detail below, to minimize the harm and disruption of hate speech, if verbal remote public comment or remote phone comment options exist, the First Amendment will allow anonymous hate speech to occur. To balance the goals of encouraging robust public engagement, managing public meetings, and protecting the community and employees, the City Clerk recommends there be a temporary suspension of remote public comment, similar to what other agencies in our region are doing.

ANALYSIS
Recently, jurisdictions throughout the Bay Area, including Atherton, received a number of public comments through the remote access option (Zoom or some other remote access platform), which made antisemitic, white supremacist and anti-LGBTQ+ statements (“Off-topic comments”). These Off-topic comments have been referred to as “hate speech.” Although extremely difficult to listen to, “hate speech” is still speech that is afforded protections under the First Amendment. Courts have held that Council Chambers of a jurisdiction are considered limited public forums that come with regulations that relate to “time, place, and manner.” While a jurisdiction may adopt reasonable regulations to govern the conduct of a public meeting, care must be given to ensure that the regulations themselves do not violate the public’s freedom of expression by constituting a barrier to providing comments or a “prior restraint” on expression.

In terms of conduct during a meeting, courts have found that the First Amendment allows a hateful speaker room to express their opinions unless and until the speech “disrupts” the meeting. For example, courts have validated the removal of persons who were lying prone on the floor making it impossible to continue the meeting. In these instances, if speech or actions disrupt the meeting such that the Council can no longer perform the tasks of the meeting, then the speaker/actor can be removed. On the other hand, courts have also advised that the removal of a commenter who made a Nazi salute was invalid because simply saluting was not a “disruption” of the meeting and therefore removal violated the right to free speech. The court defined “disruption” as an action that “actually disrupt[s]” and not one that merely distresses or offends those in attendance.

In California, the Ralph M. Brown Act applies to meetings conducted by local public agencies to ensure that the public can view and participate in meetings of legislative bodies. The Brown Act requires public meetings to provide the public with the opportunity to comment on the agenda items. At a regular meeting, the public must be able to address the legislative body on “any item of interest to the public, before or during the legislative body’s consideration of the item, which is within the subject matter jurisdiction of the legislative body.” The Brown Act also authorizes a legislative body to adopt reasonable regulations to ensure that the intent of the provisions relating to this public comment requirement are followed, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on individual issues and for each individual speaker.

In 2022, SB 1100 was signed into law which revised the Brown Act to authorize the presiding member of the legislative body conducting a meeting to remove, or cause the removal of, an

Meeting Protocols
OCTOBER 18, 2023

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1 individual for disrupting the meeting. Generally, the new law requires removal to be preceded by a warning to the individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to cease their behavior may result in their removal. “Disrupting” is defined as engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (1) a failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law; or 2) engaging in behavior that constitutes use of force or a true threat of force. However, both the Brown Act and First Amendment, allow restrictions on speech which is not related to an agenda item or about a topic that is not within the subject matter jurisdiction of the legislative body.

The Town must conduct all its public meetings in a manner that is consistent with the foregoing First Amendment rights of speakers, the Brown Act and other relevant regulations such as the City Council’s adopted Rules of Procedure and Code of Ethics.

In response to this flood of “hate speech” statements being provided via remote access public comment, several public agencies have decided to terminate the remote access option but allow in-person or written public comments. In San Mateo County: Burlingame, Redwood City, San Bruno, and South San Francisco and Pacifica have all terminated remote access for public comments. Daly City had discontinued remote access public comments prior to the recent “hate speech” incidents. Some cities such as Daly City and Burlingame provide for the option of reading written public comments received by email aloud at the meeting, subject to similar limitations for individual speakers and/or parameters as defined in the meeting agenda, in addition to receiving verbal public comments in-person at the physical meeting location. Some cities such as Belmont, Brisbane, Half Moon Bay, Millbrae, and San Mateo are currently continuing to allow remote access public comments, but many have implemented procedures with more prominent statements regarding the limited public forum and rules to stay on-topic or within subject matter jurisdiction of the city in public comments and the Council’s rules for public decorum. However, San Mateo implemented this practice at the October 2, 2023, City Council meeting and still experienced significant disruption of the meeting by off-topic comments categorized as hate speech, even when commenters were muted after receiving sufficient warnings regarding off-topic comment.

Additional cities are in the process of determining if and how their current hybrid meeting practices may be adjusted; for some, staff will lead the process and for others the City Council has or will be providing direction.

At a recent City Council meeting, the Burlingame City Council directed that City staff may have the flexibility to make determinations with respect to suspension of remote access public comment; the determination was subsequently made by the City Manager in consultation with the City Clerk to discontinue remote access public comment. The Town has taken this approach to allow staff to lead the process of determining if any process modifications may be necessary for meeting participation and how public comments may be made.

At this time, staff recommends the suspension of remote access for public comment except via direct chat or email to the City Clerk or City Council email addresses in advance of or during the meeting.

Meeting Protocols
OCTOBER 18, 2023

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1 Remote Public Participation via Zoom
The Council Chambers has the appropriate technology to allow a hybrid meeting format on the Zoom platform during public meetings. This hybrid meeting format allows the public to access City Council and all Town Committees and Commission meetings remotely to provide public comment during the meeting through the Zoom platform or to attend the meetings in-person and provide public comment at the meeting location. Public agencies are not required to provide remote access for public comments except for instances when a member of a legislative body is participating remotely under the just cause or emergency circumstances provided in Assembly Bill (AB) 2449. Offering this option to the public is within the discretion of the Town, except in those cases when an official wants to participate remotely under AB 2449.

The most significant benefit to the remote access option for public comment is the access it provides to those members of the public who cannot otherwise attend the meeting. Along with providing additional access to meetings, there is an increased risk of receiving disruptive comments.

Strategies for Addressing Off-Topic Comments During Remote Participation via Zoom If the Council desires to continue to allow remote verbal comments and participation via Zoom, there is no guarantee that the community, staff, and the Council will not be impacted by further disruption via remote public comment. While there are some strategies, summarized below, that can be deployed to minimize the duration of off-topic comments or comments that are not within the subject matter jurisdiction of the Council, the risk will still be present. The following strategies could be considered to somewhat help, if the Council is inclined to prioritize the convenience of remote public comment for community members over the impacts the disruptive comments.

Potential Procedural Strategies
At this time, staff has identified the following three potential procedural strategies:

1. Temporarily move public comments on non-agendized items to after the Consent Items, Public Hearings, and Regular Items on the Agenda. This agenda order change could potentially decrease the number of community members exposed to hate speech; however, it would not change the impact to staff and Councilmembers;

2. Limit the entire time for oral communications to a set period. The exact time would be at the discretion of the Council, possibly 10 minutes. While this time-limit could assist with limiting the number of off-topic comments during oral communications, it would not address those public comments being provided under specific agendized items.

3. Implement procedures to require a cut off time to accepting public comments remotely.

Instead of allowing speakers on Zoom to raise their hands at any time during the public comment period, the Clerk could give a specific time within which speakers on Zoom must indicate they want to speak to allow a much more streamlined public comment period.

Meeting Protocols
OCTOBER 18, 2023

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1 Unfortunately, the Brown Act prohibits the City from demanding that speakers provide their names (or other information), complete a questionnaire, or otherwise fulfill any condition precedent to attendance. (Govt. Code § 54953.3). Thus, the City Clerk cannot pre-screen or otherwise require self-identification prior to speaking.

Warning System
Several cities have implemented a warning system that could reduce the time the Council, staff, and community are subjected to these Off-topic comments. The Mayor or Clerk could make a statement at the beginning of oral communications highlighting that the meeting is a limited public forum and that all comments must be either within the subject matter jurisdiction of the Town if related to a non-agendized item, or on topic if related to an agendized item. The warning would then state that if this directive is ignored following a warning by the Mayor or Clerk, after consultation with the City Attorney, then the Mayor will direct the Clerk to turn off that speaker’s microphone, mute the speaker and potentially remove them from the meeting.

As noted above, this system has limited effectiveness because a speaker will have already verbalized their comments before being warned that their hate speech is off-topic and would likely continue to verbalize such while being warned before being muted. However, this warning could be issued at the beginning of the meeting as a general practice.

Continued Use of Zoom Platform to Observe Meetings
As noted prior, staff recommends that remote public participation be continued, but that the option for verbal comments be eliminated. The City Clerk recommends continuing to allow written public comments in the chat directly to the City Clerk during the meeting or emailed directly to Council or the City Clerk.

The City Clerk receives a copy of any email sent to [email protected].

FISCAL IMPACT
None.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area E – Strengthen Community Engagement and Transparency • Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned

POLICY FOCUS
The City Council has shown a commitment to increasing community engagement and enhancing transparency wherever possible. Council have directed broad and regular community engagement

Meeting Protocols
OCTOBER 18, 2023

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1 which has been led by the City Manager’s Office. All Town committees and commissions maintain publicly accessible email accounts that are available on the Town website and monitored by several staff members to ensure access to Council and staff. This access is available beyond public meetings.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 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 1,400 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.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission

ATTACHMENTS
None.