AGENDA
Town of Atherton
City Council
JULY 17, 2024
REGULAR MEETING
6:00 PM
Council Chambers
80 Fair Oaks Lane
Atherton, CA 94027
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This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action. The public may participate and provide public comments in person or via Zoom Meeting. Please be advised that when all Council Members are attending the meeting in person, the teleconferencing option is provided as a courtesy to the public. If, for any reason, there are technical difficulties, the City Council meeting will continue in person, provided there is a quorum at the meeting.
REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL – Holland, DeGolia, Widmer, Vice Mayor Lewis, Mayor HawkinsManuelian
PRESENTATIONS
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. Comments for items in the agenda is limited to three (3) minutes and comments for items not on the agenda is limited to one (1) minute. The Mayor may, at the Mayor's discretion, restrict or grant additional speaker time based on such considerations as agenda length, number of speakers, complexity of the item, or looming threat of loss of quorum.
Please refer to the footnote at the end of the posted agenda for additional notice regarding public comments.
Meeting Agenda
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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. Comments for items in the agenda is limited to three (3) minutes and comments for items not on the agenda is limited to one (1) minute. The Mayor may, at the Mayor's discretion, restrict or grant additional speaker time based on such considerations as agenda length, number of speakers, complexity of the item, or looming threat of loss of quorum.
Please refer to the footnote at the end of the posted agenda for additional notice regarding public comments.
DISCLOSURE OF EX PARTE COMMUNICATIONS – City Council Members should disclose any communications they have had on the agenda items at this time.
DEPARTMENTAL WRITTEN REPORTS
Discussion: The Departmental Reports include written reports from the Town’s various Departments.
Staff is present to answer any questions the Council may have on the multiple topics noted in the written reports. The Council may ask questions and discuss any of the various items.
Link to Departmental Monthly Report
REPORT OUT OF CLOSED SESSION
CONSENT AGENDA (Items 1 – 7)
Consent Calendar items are routine in nature and are generally considered in one motion and adopted by a single vote of the City Council. If discussion regarding a Consent Calendar item is desired, the member(s) of the City Council, public, and/or staff wishing to pull the item should so indicate at the time the Mayor calls for consideration of the Consent Calendar.
1. APPROVAL OF BILLS AND CLAIMS FOR JUNE 2024 IN THE AMOUNT OF $1,208,355
Report: Recommendation: Approve the Bills and Claims for June 2024 in the amount of $1,208,355.
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 June 19 and July 3, 2024.
Description: This is a routine item to approve past City Council meeting minutes.
3. WAIVE THE SECOND READING BY SUBSTITUTION OF TITLE AND ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON
REPEALING AND REENACTING SECTION 15.19.030 OF THE ATHERTON MUNICIPAL CODE.
Report: ANDREAS BOOHER, DEPUTY CITY ATTORNEY
Recommendation: It is recommended that the Town Council waive the second reading by substitution of title and adopt an Ordinance (“Ordinance”) repealing and reenacting Section
15.19.030 of the Atherton Municipal Code (“AMC”) to make it consistent with federal law, as articulated by the Nonth Circuit Court of Appeals ruling in California Restaurant Association v City of Berkeley.
Description: This item involves Council adoption of Ordinance 2414, An Ordinance repealingandreenactingSection1519030oftheAthertonMunicipalCode(“AMC”) Meeting Agenda
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3. WAIVE THE SECOND READING BY SUBSTITUTION OF TITLE AND ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON
REPEALING AND REENACTING SECTION 15.19.030 OF THE ATHERTON MUNICIPAL CODE.
Report: ANDREAS BOOHER, DEPUTY CITY ATTORNEY
Recommendation: It is recommended that the Town Council waive the second reading by substitution of title and adopt an Ordinance (“Ordinance”) repealing and reenacting Section
15.19.030 of the Atherton Municipal Code (“AMC”) to make it consistent with federal law, as articulated by the Nonth Circuit Court of Appeals ruling in California Restaurant Association v City of Berkeley.
Description: This item involves Council adoption of Ordinance 2414, An Ordinance repealing and reenacting Section 15.19.030 of the Atherton Municipal Code (“AMC”).
4. AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $200,000 FOR TOWN CENTER EMERGENCY BACKUP SYSTEM ENHANCEMENTS AND
AUTHORIZATION TO ENTER INTO ASSOCIATED AGREEMENTS
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council authorize a Budget Amendment in the amount of $200,000 ($112,000 Library Funds and $88,000 Unallocated General Funds) for the enhancement of the emergency power backup system for the Town Center and authorize the City Manager to enter into agreements for the design, purchase and installation of associated materials, equipment, and appurtenances.
Description: This item will be a Council discussion to authorize a budget amendment for $200,000 for the Town Center emergency backup system enhancements.
5. ADOPTION OF RESOLUTION SETTING CA CITIES CONFERENCE VOTING
DELEGATES
Report: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
Recommendation: It is recommended that the Council Adopt Resolution 24XX designating a voting delegate and up to two alternatives to the League of California Cities Annual Conference, October 16 – 18, 2024.
Description: This is a routine item to appoint a voting delegate to represent the City Council at the annual League of Californian Cities Conference in October 2024.
6. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH FOR DESIGN SERVICES OF THE UPPER ATHERTON CHANNEL RELINING PROJECT Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council approve a professional services agreement with Tetra Tech in the amount of $696,991 to assess the channel and prepare a design for the Upper Atherton Channel Relining Project and to provide environmental and geotechnical support for the project; authorize the City Attorney to prepare the agreement; and authorize the City Manager to sign the agreement; and authorize a contingency in the amount of $60,000 for unknown regulatory requirements.
Description: This item seeks Council approval for a $696,991 professional services agreement with Tetra Tech to assess the channel and design the Upper Atherton Channel Relining Project, and provide environmental and geotechnical support. The City Attorney will prepare the agreement, and the City Manager will sign it. Additionally, a $60,000 contingency is authorized for any unforeseen regulatory requirements.
7. ACCEPT THE FISCAL YEAR 202223 AUDITED BASIC FINANCIAL STATEMENTS Report: Robert Barron III, Finance Director
Recommendation: Accept the FY 202223 Audited Basic Financial Statements.
Meeting Agenda
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for the project; authorize the City Attorney to prepare the agreement; and authorize the City Manager to sign the agreement; and authorize a contingency in the amount of $60,000 for unknown regulatory requirements.
Description: This item seeks Council approval for a $696,991 professional services agreement with Tetra Tech to assess the channel and design the Upper Atherton Channel Relining Project, and provide environmental and geotechnical support. The City Attorney will prepare the agreement, and the City Manager will sign it. Additionally, a $60,000 contingency is authorized for any unforeseen regulatory requirements.
7. ACCEPT THE FISCAL YEAR 202223 AUDITED BASIC FINANCIAL STATEMENTS Report: Robert Barron III, Finance Director
Recommendation: Accept the FY 202223 Audited Basic Financial Statements.
Description: This item involves Council review and acceptance of the FY 202223 Audited Basic Financial Statements.
PUBLIC HEARING (Items – )
REGULAR AGENDA (Items 8 – 11)
8. CONSIDER ACCEPTANCE OF A LOANED SCULPTURE ENTITLED
“CELEBRATION”; AND, IF APPROPRIATE, DIRECT THE CITY MANAGER AND CITY ATTORNEY TO FINALIZE THE TERMS OF THE ACCEPTANCE
Report: GEORGE RODERICKS, CITY MANAGER
Recommendation: It is recommended that the Council consider acceptance of a loaned sculpture entitled “Celebration”; and, if appropriate, direct the City Manage and City Attorney to finalize the terms of the acceptance.
Description: This item will be a Council discussion to consider accepting a loaned sculpture to be displayed at Town Center.
9. INTERIM UPDATE PICKLEBALL PILOT AT HOLBROOKPALMER PARK Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council receive an interim update on the pickleball pilot at HolbrookPalmer Park.
Description: This item involves Council receiving an interim update on the pickleball pilot at HolbrookPalmer Park.
10. BICYCLE AND PEDESTRIAN MASTER PLAN UPDATE REQUEST FOR
PROPOSALS
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council review, provide feedback and authorize release of a Request for Proposals (RFP) for the update of the Town’s Bicycle and Pedestrian Master Plan.
Description: This item involves Council review, provide feedback and authorize release of a Request for Proposals (RFP) for the update of the Town’s Bicycle and Pedestrian Master Plan.
11. CONSIDERATION OF KNOX PLAYSCHOOL LEASE AMENDMENT
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council consider an amendment to the current lease with Knox Playschools, Inc., adjusting payable rent and extending the lease term through August 31, 2025, and two additional oneyear renewal options with associated payable rent Meeting Agenda
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Recommendation: It is recommended that the Council review, provide feedback and authorize release of a Request for Proposals (RFP) for the update of the Town’s Bicycle and Pedestrian Master Plan.
Description: This item involves Council review, provide feedback and authorize release of a Request for Proposals (RFP) for the update of the Town’s Bicycle and Pedestrian Master Plan.
11. CONSIDERATION OF KNOX PLAYSCHOOL LEASE AMENDMENT
Report: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
Recommendation: It is recommended that the Council consider an amendment to the current lease with Knox Playschools, Inc., adjusting payable rent and extending the lease term through August 31, 2025, and two additional oneyear renewal options with associated payable rent adjustments.
Description: This item involves Council consideration for an amendment to the current lease with Knox Playschools, Inc., adjusting payable rent and extending the lease term through August 31, 2025, and two additional oneyear renewal options with associated payable rent adjustments.
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 period.
Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection by 5:00 p.m. the Friday before each regularly scheduled City Council meeting.
Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the City Clerk’s Office at (650) 7520500. Notification of 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (29 CRF
35.104 ADA Title II)
Public Comments:
The Town of Atherton Council and Committee or Commission meetings are a limited public forum, and all public comment must relate to something that is within the subject matter jurisdiction of the Council or Committees. If comments do not relate to the subject matter jurisdiction of the Council or Committee, we will stop the comment and a warning may be provided. If the comment continues to be outside of the subject matter jurisdiction the speaker will be stopped, and we will move on to the next speaker.
Speakers found in violation of this rule of procedure may be removed from the meeting.
Meeting Agenda
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contact the City Clerks Office at (650) 7520500. Notification of 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (29 CRF
35.104 ADA Title II)
Public Comments:
The Town of Atherton Council and Committee or Commission meetings are a limited public forum, and all public comment must relate to something that is within the subject matter jurisdiction of the Council or Committees. If comments do not relate to the subject matter jurisdiction of the Council or Committee, we will stop the comment and a warning may be provided. If the comment continues to be outside of the subject matter jurisdiction the speaker will be stopped, and we will move on to the next speaker.
Speakers found in violation of this rule of procedure may be removed from the meeting.
Rules of Decorum:
No person participating in a public meeting shall engage in disorderly or boisterous conduct — including but not limited to applause, whistling, feet stamping, booing or making any loud, threatening, profane, abusive, personal, impertinent or slanderous uttering or comments. No person is allowed to disturb, disrupt, or otherwise impede the orderly conduct of the meeting.
If any person continues to breach the Rules of Decorum in a manner that disturbs, disrupts or otherwise impedes the orderly conduct of the meeting following an order from the Mayor, or Presiding Officer, to cease the offending conduct, the Mayor, or Presiding Officer, may order that person to leave the meeting.
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