Town of Atherton City Council Regular Meeting & Closed Session Minutes – October 18, 2023
REGULAR MEETING
CALL TO ORDER: Mayor Widmer called the meeting to order at 6:03 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL – Holland, DeGolia, Lewis, Vice Mayor Hawkins-Manuelian, Mayor Widmer– Present
PRESENTATIONS
• Sharon Koehler Retirement Proclamation
Chief McCulley read the proclamation recognizing and honoring Koehler for her service to the Town.
• Recognition of Rail Committee Members for Service to the Town:
Mayor Widmer read the plaque and presented it to each member of the Rail Committee; he also acknowledged several former members for their service and contributions to the Town.
The current members that were given a plaque included the following; o Greg Conlon
o John Maulbetsch
o Jim Janz
o Alex Keh
o Jack Ringham
o Jim Massey
PUBLIC COMMENTS
• Jim Massey
DISCLOSURE OF EX PARTE COMMUNICATIONS – City Council Members Council members Lewis, Holland, Widmer, and DeGolia disclosed communications.
DEPARTMENTAL WRITTEN REPORT
MINUTES
Town of Atherton
City Council
OCTOBER 18, 2023
REGULAR MEETING AND
CLOSED SESSION
Town of Atherton City Council Regular Meeting & Closed Session Minutes – October 18, 2023
No Comments.
REPORT OUT OF CLOSED SESSION – by City Attorney Ebrahimi Council met in closed session and provided direction to City Attorney Ebrahimi related to existing litigation pursuant to Government Code section 54956.9 (Atherton v. CNA Insurance Company, San Mateo County Superior Court Case No. 23-CIV-00920)
CONSENT AGENDA (Items 1 – 7)
1. APPROVAL OF BILLS AND CLAIMS FOR SEPTEMBER 2023 IN THE AMOUNT OF $1,887,973
2. APPROVAL OF MINUTES FOR SEPTEMBER 20th AND OCTOBER 4, 2023 MEETINGS.
3. APPROVAL OF A BUDGET AMENDMENT FOR LOBBYIST SERVICES AND
PUBLIC EDUCATION ASSISTANCE
Adopted Resolution No. 2023-21
4. ACCEPTANCE OF WORK AND AUTHORIZATION TO RECORD NOTICE OF
COMPLETION FOR THE TOWN CENTER PROJECT
Authorized recording of a Notice of Completion for the Town Center Project, Project Number 54015.
5. 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
Adopted Ordinance No. 663
6. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE 2022 OVERLAY PROJECT, PROJECT NUMBER 56100 Authorized recording of a Notice of Completion for the 2022 Overlay Project, Number 56100.
7. BUDGET AMENDMENT FOR A PICKLEBALL PILOT AT HOLBROOK-PALMER PARK
Pulled for Discussion by Widmer
Council discussed the costs related to noise mitigation options and a few structure for pickleball users if tennis courts are permanently configured for pickleball use after the trail.
Town of Atherton City Council Regular Meeting & Closed Session Minutes – October 18, 2023
Public Comments:
• Bob Roser
• Alex Keh
• Greg Conlon
MOTION by DeGolia, Second by Lewis to approve Consent Item No. 7 as amended to develop a fee or reimbursement structure paid by users for costs incurred by the Town.
AYES: Holland, DeGolia, Lewis, Hawkins, Widmer
NOES:
ABSENT:
ABSTAIN:
MOTION by DeGolia, Second by Lewis to approve the Consent Agenda Items 1 – 6.
AYES: Holland, DeGolia, Lewis, Hawkins, Widmer
NOES:
ABSENT:
ABSTAIN:
PUBLIC HEARING - NONE
REGULAR AGENDA (Items 8 – 11)
8. CONSIDERATION OF APPLICANTS FOR APPOINTMENT TO THE
ENVIRONMENTAL PROGRAMS COMMITTEE
City Clerk Suber presented the item, he noted that one additional candidate, Kate Saywell was added to the packet making it a total of 3 applicants for 2 open seats on the Enivironmental Programs Committee.
Council discussed the applications and candidates.
MOTION by Lewis, Second by Widmer to appoint Min Hui to the Environmental Programs Committee for a term expiring June 30, 2027 and Sandu Suneet to the Environmental Programs Committee to a term expiring June 30, 2025.
AYES: Holland, DeGolia, Lewis, Hawkins, Widmer
NOES:
ABSENT:
ABSTAIN:
Council requested a future agenda item to consider amending term limits and age limitations for Town Committees and Commissions by amending the Governing Resolution. This item will return to the Council in early 2024.
9. DISCUSSION AND DIRECTION REGARDING THE 2024 EARTH DAY EVENT Town of Atherton City Council Regular Meeting & Closed Session Minutes – October 18, 2023
Report: Management Analyst Londer presented the item to Council. Londer reviewed the various components of Earth Day 2024 highlighting a few of the takeaways to for improvements for a 2024 event.
Council discussed the advantages and disadvantages of hosting a Town only Earth Day event versus the collaborative effort and partnership with regional agencies.
Council directed that staff pursue the Town only Earth Day event for 2024 and return to Council with the formal budget approval request at a future meeting.
10. REVIEW OF THE SIDEWALK REPAIR PROGRAM AND APPROVAL OF A
BUDGET AMENDMENT
Public Works Director Ovadia presented the item reviewing the Sidewalk Inspection and Repair Program.
The Council discussed issues related to equity, cost, timing, inspection, Town cost, resident cost, and past practice.
MOTION by DeGolia Widmer, Second by Lewis to approve the staff recommendation and budget amendment and directed the initial year the resident cost for select items would be a 50/50 cost share with the Town and any administrative fees be waived.
AYES: Holland, DeGolia, Lewis, Hawkins, Widmer
NOES:
ABSENT:
ABSTAIN:
Council directed that resident in the Lloyden Park neighborhood be provided a letter advising that the 50/50 cost share and waiver of any administrative fee is for this initial implementation only and that the program, as designed, would be implemented in future years.
11. MEETING PROTOCOLS, HATE SPEECH AND REMOTE PUBLIC COMMENT
DURING CITY COUNCIL, COMMISSION AND COMMITTEE MEETINGS AND
PROVIDE FEEDBACK
City Manager Rodericks lead the conversation introducing the item and providing background related to why it appears on the agenda.
The Council discussed issues related to meeting controls, muting of participants, use of profanity or hate-based comments, restrictions on names and photo sharing, restrictions on video sharing, restrictions on screen sharing, allowing citizen engagement at the highest level possible, agenda warnings and requirements, and policies of other agencies.
Public Comments:
• Walter Robinson
The Council directed that staff return with a policy for consideration that implements a written agenda warning, a description of applicable protocols, and a protocol for implementation that Town of Atherton City Council Regular Meeting & Closed Session Minutes – October 18, 2023
allows for the greatest possible public participation via Zoom while allowing the Town and staff the ability to address inappropriate comments or participant engagement that is considered disruptive to the meeting.
COUNCIL REPORTS/COMMENTS – None
FUTURE AGENDA ITEMS – None
ADJOURN
Mayor Widmer adjourned the meeting at 9:15 pm.
________________________
Anthony Suber, City Clerk