Cities Index.
Agenda packet

Atherton City Council
June 18, 2025

Document
Agenda packet
Meeting
June 18, 2025
Body
Atherton City Council
Pages
351
Original file
37.5 MB
Text extracted from the city's file for reading and search. Open the original on atherton.primegov.com. That file is the official record.

budget. These funds typically do not go directly to ADAPT; rather, they are spent on behalf of ADAPT in support of ADAPT’s mission and objectives. For example, the funds are spent on maintaining emergency supply trailers, assembly point supplies, publication materials, training programs, etc. In addition, staff provide support to ADAPT during regular meetings and training.

ADAPT personnel – to include their Board as ADAPT members – provide decentralized emergency education and response by Assembly Area via the Block Captain or Assembly Point Captain model. Their mission and programs are designed to assist residents in developing emergency plans and improving their overall readiness; creating and leading training exercises and disaster drills in the community; disseminating emergency preparedness materials and resources; and facilitating organization meetings with the Police Department, schools, Town officials, and Assembly Areas.

In the event of an emergency response situation, representatives from ADAPT “report up” via communication channels (HAM Radio or other means) on their Assembly Point status to the Town’s Emergency Operations Center (EOC), where the EOC Incident Commander (typically the City Manager) will make decisions for organizational response to the emergency or disaster. Led by the Incident Commander, the EOC consists of five leadership sections: Incident Command (IC), Operations (Police, Fire, Public Works, EMS, Shelters, Schools, CERT), Planning Chief (Planning, Building, Resource Units), Logisitics (COMMs, Support, Medical, Ground Support) and Finance (Procurement, Cost, Time Unit). The City Council continues its role as the Policy Board and if/when the Incident Commander needs policy direction or action ratification, the IC will engage the Policy Board (Council). The City Council is not a part of the EOC. The size and roles within the EOC expand and contract based on the needs or nature of the emergency.

During an emergency, ADAPT serves as a critical link to the community at large. ADAPTers are not CERT volunteers and as such, the Town does not use ADAPT as part of any field search and rescue or response. However, for small scale response and engagement, the Police Department has and will use ADAPTers to assist with community events, parking management, field support, shelter staffing, neighborhood alert and information, and windshield surveys (field reports to EOC). In these instances, Town staff direct the role of and are responsible for ADAPTers during an emergency response or community activity. ADAPTers are considered Emergency Service Workers during an emergency.

The Town sees the role of ADAPT most closely aligned with its core mission: helping residents prepare for emergencies. That is best facilitated through the dissemination of educational materials, training programs, and response drills that are designed to enhance the preparedness of one resident and expanding out to encompass a neighborhood. It is the neighbor-to-neighbor connection that builds neighborhood and ultimately community-wide preparedness.

ADAPT LEADERSHIP CHANGES
Over the past couple of years, ADAPT has gone through various Board transitions and has struggled to retain membership on the Board and participation in the larger community. While the overarching mission and goals of ADAPT have remained relatively consistent, the methodology for engagement with their membership and general philosophy of approach has shifted as the Board evolved and Board Presidents have changed. To assist in mitigating concerns of continuity, Page 342 of 351 Consideration of Council Liaison to ADAPT Board
JUNE 18, 2025

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staff was approached by a member of the Council interested in serving on the ADAPT Board. My response was that a member of the Council should not serve as a member of a non-profit agency to which the Town provides financial support and to some degree general oversight. While there is unlikely to be a legal conflict of interest, there is the perception of a conflict of interest. Because there is so much interaction by Department Head staff and junior staff with ADAPT and the ADAPT Board there are concerns related to oversight, management and authority (Councilmember to staff, staff to Councilmember). This is inherent in the understanding that a Councilmember is always a Councilmember regardless of any other role they may retain in the community and Councilmembers have a perceived level of authority within the organization. In the event of an emergency, Councilmembers serve as the Policy Board advising the Incident Commander and there would be a conflict or the potential for conflict if a Councilmember were also serving as a Board Member for an organization being directed via the EOC and staff.

Emergency response is the last place one wants there to be potential for leadership conflict.

In May, staff raised the possibility that the Town might be able to contract with the City of Menlo Park for a portion of the time of their full-time Emergency Preparedness Coordinator (8-10 hours a week). Having that onboard resource and expertise may greatly assist ADAPT with fulfilling its mission. Menlo Park has expresssed interest in the possibility and the potential is still being investigated at this time.

COUNCIL LIAISON
As noted, there is a history with the appointment of a Council liaison to an external agency like ADAPT. Such an appointment was made (and subsequently removed) to ADAPT in 2022. There are representatives present tonight from ADAPT that can address the Board’s expectations for Town engagement at all levels, to include engagement via a Council liaison. As the Council considers re-appointing a liaison to ADAPT, staff encourages the Council to discuss the differences between ADAPT as an organization and the Park Foundation as an organization (the closest analogous outside Board with a liaison), the role of the organization, the engagement level with the Town, and the role of a liaison.

As mentioned before, ADAPT is an important community resource. Alternatively or concurrently to a liaison as the Council may direct, the Council can direct that staff take a more active role with ADAPT. This could take the form of staff meeting with the ADAPT Board to discuss ways that the Town can enhance its support for ADAPT at the practical level. For example, the Town could assist ADAPT with upgrades to its website; provide advertising and recruitment support; and provide additional support for training, education and response drills. Following discussions with the Board, staff could return with an outline of potential solutions along with cost estimates related thereto. While the Town has traditionally provided support to ADAPT, it has been in the role of advisor, trainer and facilitator to ADAPT activities and events along with financial support for needs in support of their mission. What is being proposed here is a higher level of dedicated engagement and support from the Town; that will represent a greater financial commitment of staff time and resources.

If the Council deems it important that there be a member of the Council serving as a liaison to the ADAPT Board, it would traditionally fall to the Mayor to make such appointment (primary and

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Consideration of Council Liaison to ADAPT Board
JUNE 18, 2025

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alternate) independent of Council action or concurrence. All that would be required of the Council tonight is consensus as to the role.

FISCAL IMPACT
None at this time.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal B - Improve Public Safety & Emergency Preparedness

POLICY FOCUS
The policy considerations for the Council are related to the appointment of a liaison to an external Board to which the Town provides financial support and some general oversight; and the provision of additional staff support.

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. COUNCILMEMBER HAWKINS-MANUELIAN COMMENTS

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Item No. 14
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: MONA EBRAHIMI, CITY ATTORNEY
DATE: JUNE 18, 2025
SUBJECT: CITY ATTORNEY PERFORMANCE EVALUATION AND

APPROVAL OF AMENDMENT TO CITY ATTORNEY

CONTRACT

RECOMMENDATION
It is recommended that the Council review the staff report and consider adoption of the attached amendment to the Legal Services Agreement between the Town of Atherton and Kronick, Moskovitz, Tiedemann & Girard (“City Attorney Contract”) addressing paralegal/document clerk rates and reimbursable rates.

BACKGROUND
The City Council met in closed session to evaluate the City Attorney, as it does each year.

Following the performance review, the City Council wishes to amend the legal services agreement to increase the paralegal/document rates and reimbursable rates.

ANALYSIS
The Town has a fixed retainer in the amount of $17,000 each month for city attorney services. Special projects are billed outside of the retainer, but the retainer generally encompasses all other work such as review of resolutions, ordinances, attendance at meetings, research projects, and so forth. Even with an increase in paralegal/document rates, the total retainer remains at $17,000 each month so there should not be a financial impact to the Town. If there is a special project for which the work is billed outside of the retainer, the Town would benefit from having a paralegal or document clerk assist with that project because their rates are lower than attorney’s.

This would result in changing the existing paralegal/document clerk rate to $200-220/hour.

The establishment of a reimbursable rate is also requested. Reimbursable rates are those that a third party must reimburse the Town for, so there is no financial impact to the Town. It is unlikely, but not impossible, for these rates to be used in the Town. The reimbursable rates for attorneys working on matters reimbursed by third parties will be $500-$550/hour.

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City Attorney Agreement
JUNE 18, 2025

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FISCAL IMPACT
The approval of this second amendment to the City Attorney's Contract will result in an increase in paralegal/document clerk rates to $200-$220/hour and the establishment of a reimbursable rate at $500-$550/hour. No other changes are being proposed.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal D - Be Forward Thinking

POLICY FOCUS
This item is a discussion of amendments to the City Attorney’s Agreement for services with the Town.

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. Amendment No. 2 to the Legal Services Agreement between the Town of Atherton and Kronick, Moskovitz, Tiedemann & Girard

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4924-2748-1162.1
AMENDMENT NO. 2
to the

AGREEMENT FOR LEGAL SERVICES BETWEEN

TOWN OF ATHERTON AND

KRONICK MOSKOVITZ TIEDEMANN & GIRARD
This Amendment No. 2 to the Agreement for Services Between Town of Atherton and Kronick, Moskovitz, Tiedemann & Girard entered into December 30, 2019 (the "Contract"), is made and entered into this 19th day of June 2025.

RECITALS
WHEREAS, in December 2019, and following a Request for Proposals process, the Town of Atherton ("Town") awarded a legal services agreement to Kronick, Moskovitz, Tiedemann & Girard ("Kronick") to provide city attorney services; and, WHEREAS, since that time, the paralegal and law clerk rates are significantly below market value, even at a reduced public agency rate; and, WHEREAS, reimbursable rates have not been established. Those are rates reimbursed by third parties to the Town; and,
WHEREAS, the Town and Kronick desire to amend the Contract to increase paralegal and law clerk rates and establish esreimbursable rates.

NOW, THEREFORE, IT IS MUTUALLY AGREED by the parties hereto to amend the Contract as follows:

Section 3. Billing Rates
Client agrees to pay for work performed by paralegals and law clerks at the rate of $200-220 per hour. Client agrees to pay for work performed by attorneys that are reimbursable to the Town at a rate of $500-$550 per hour. These rates will be adjusted upward effective July 1 of each year based upon the applicable Consumer Price Index set forth in the Contract.

Except as expressly set forth herein, all terms and conditions of the Contract and Amendment No. 1 remain in full force and effect. In the event of a conflict between this Amendment No. 2 and the Contract, the terms of Amendment No. 2 shall control.

IN WITNESS WHEREOF the parties hereto have executed this Amendment No. 2 as of the date herein set forth.

TOWN OF ATHERTON
By:

City Manager
KRONICK MOSKOVITZ TIEDEMANN & GIRARD.

By:

Shareholder
ATTEST:

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Amendment No. 2 KMTG LSA

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4924-2748-1162.1
By:

City Clerk

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Item No. 15
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MONA EBRAHIMI, CITY ATTORNEY
DATE: JUNE 18, 2025
SUBJECT: CITY MANAGER PERFORMANCE EVALUATION AND

APPROVAL OF AMENDMENT TO CITY MANAGER

EMPLOYMENT CONTRACT

RECOMMENDATION
It is recommended that the Council review the staff report and consider adoption of the attached amendment to the employment agreement between the Town of Atherton and George Rodericks.

BACKGROUND
Each year beginning in early spring, the City Council conducts an annual evaluation of the City Manager’s performance. The City Council conducted a performance review of the City Manager and found him to be performing outstandingly.

ANALYSIS
As such, they wished to amend his contract to reflect his service to the Town, but also to bring his salary in conformance with a cost of living adjustment. To achieve this, the City Council desires to amend the City Manager's contract and increase his existing salary from $287,218 to $294,973 per year, which is comprised of a 2.7% cost of living (CPI) adjustment. Additionally, the City Council would like to offer a one-time $15,000 bonus.

FISCAL IMPACT
The approval of this twelfth amendment to the City Manager's employment agreement will result in an increase of $7,754.89 to his annual salary and a $15,000 increase for the bonus. No other changes are being proposed.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:

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City Manager Employment Agreement
JUNE 18, 2025

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• Goal D - Be Forward Thinking

POLICY FOCUS
This Twelfth Amendment to the employment agreement which provides CPI salary adjustments to the City Manager for his performance and a one-time bonus, also serves as a retention tool for the Town.

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. Amendment No. 12 to the Employment Agreement between the Town of Atherton and George Rodericks

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4915-2345-8376.1 014537.010
Amendment No.12 to the Employment Agreement
between the Town of Atherton and George Rodericks
The Employment Agreement ("Agreement") entered into by and between the TOWN OF ATHERTON, a municipal corporation ("Town") and GEORGE RODERICKS ("City Manager") on or about October 19, 2012, and amended on July 1, 2013, July 1, 2014, July 1, 2015, July 1, 2016, July 1, 2017, July 1, 2019, February 17, 2021, September 15, 2021, June 15, 2022, June 21, 2023, and June 19, 2024.

The Parties wish to make the following amendments to the Agreement as set forth below:

1. The parties agree to replace the following sentence from Paragraph 4 of the Agreement:
"The Town shall pay a base salary of $287,218 per year, payable in prorated monthly installments, payable at the same intervals and in the same manner as regular employees." This deleted sentence will be replaced with the following sentences in Paragraph 4 of the Agreement:
"The Town shall pay a base salary of $294,973 per year, payable in prorated monthly installments, payable at the same intervals and in the same manner as regular employees."

2. The Town shall pay City Manager a one-time bonus in the amount of $15,000.

3. All other provisions of the Agreement shall remain in full force and effect.

In witness whereof, the parties have executed this 12th Amendment to the Agreement as of June 18, 2025, and taking effect on July 1, 2025.

TOWN OF ATHERTON
_________________________
Elizabeth Lewis, Mayor

CITY MANAGER
_________________________
George Rodericks
Approved as to Form:
___________________________
Mona G. Ebrahimi, City Attorney

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