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Town of Atherton

CITY COUNCIL 
AGENDA
July 19, 2017

5:00 p.m. Closed Session
91 Ashfield Road
5:30 p.m. Study Session
94 Ashfield Road
7:00 p.m. Regular Session
94 Ashfield Road


This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.

5:00 PM CLOSED SESSION IN CONFERENCE ROOM

Council Member Widmer will be teleconferencing in from the following location:
158 Glenwood Avenue
Atherton, CA 94027

ROLL CALL Lempres, Wiest, Lewis, Widmer, DeGolia

PUBLIC COMMENTS

Public Announcement of Closed Session Items

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957(b)

City Manager

ADJOURN AND RECONVENE IN STUDY SESSION

5:30 PM STUDY SESSION

Council Member Widmer will be teleconferencing in from the following location:
158 Glenwood Avenue
Atherton, CA 94027

ROLL CALL Lempres, Wiest, Lewis, Widmer, DeGolia

PUBLIC COMMENTS – (Limited to items on the agenda)

1. REVIEW, DISCUSS AND PROVIDE STAFF WITH DIRECTION REGARDING CONSIDERATION OF AN ORDINANCE TO AMEND CHAPTER 8.20.130 OF THE ATHERTON MUNICIPAL CODE TO EXEMPT EMERGENCY ROAD AND CHANNEL CLEARING FROM COSTS OF ABATEMENT OF PUBLIC NUISANCES
Report: Assistant City Attorney Jennifer Larson
Recommendation: Review, Discuss and Provide staff with direction regarding consideration of an amendment of Ordinance 8.20.130 to exempt limited, emergency road and channel clearing from the mandatory cost recovery provisions of the Chapter

7:00 REGULAR SESSION

Council Member Widmer will be teleconferencing in from the following location:
158 Glenwood Avenue
Atherton, CA 94027

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL Lempres, Wiest, Lewis Widmer, DeGolia

3. PRESENTATIONS

• Recognition of Commander Joe Wade
• Recognition of Sergeant Sherman Hall
• Recognition of John Mattes for Service
• Recognition of Dan Larsen for Service and Swearing In
• Annual Report – Mosquito & Vector Control Representative – Mason Bruschy

4. PUBLIC COMMENTS (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. Each speaker may address the Council once for a limit of three minutes.)

5. REPORT OUT OF CLOSED SESSION - Report out by City Attorney

6. CITY MANAGER’S REPORT

7. COMMUNITY ORGANIZATION ROUNDTABLE REPORT

CONSENT CALENDAR (Items 8-16)
(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.)

8. APPROVAL OF JUNE 21 REGULAR MEETING MINUTES
Report: Acting City Clerk Judi Herren
Recommendation: Approve meeting minutes for June 21, 2017

9. APPROVAL OF BILLS AND CLAIMS FOR JUNE 2017 IN THE AMOUNT OF $1,383,635
Report: Finance Director Robert Barron III
Recommendation: Approve Bills and Claims in the amount of $1,383,635

10. AUTHORIZE THE PURCHASE OF 2 MARKED POLICE VEHICLES; AND DECLARE AS SURPLUS 3 POLICE VEHICLES AND AUTHORIZE THEIR AUCTION
Report: Police Chief Steven McCulley
Recommendation:
1) Authorize the purchase of two (2) marked 2017 Ford Police Utility Explorers for a total cost of $152,149.08 which includes sales tax, tire tax, license, emergency equipment, and installation costs; and
2) Declare the 2008 Ford Crown Victoria, the 2009 Ford Crown Victoria, and the 2009 Ford Expedition as surplus and authorize their sale via auction

11. ADOPT RESOLUTION 17-XX DESIGNATING A VOTING DELEGATE AND UP TO TWO ALTERNATES TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE – SEPTEMBER 13- SEPTEMBER 15, SACRAMENTO
Report: Rodericks/Herren
Recommendation: Adopt Resolution 17-XX designating a voting delegate and an alternate to the League of California Cities Annual Conference in Sacramento

12. ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE ALL MAIL BALLOT SPECIAL MUNICIPAL DISTRICT ELECTION FOR MEASURE “A” ADOPTED BY THE VOTERS ON JUNE 6, 2017
Report: Acting City Clerk Judi Herren
Recommendation: Adopt Resolution 17-XX declaring the results of Measure “A” adopted by the voters on June 6, 2017

13. ADOPTION OF A RESOLUTION AUTHORIZING THE ADOPTION OF BAKER COMPANY, 1ST BATTALION, 506TH INFANTRY, 1ST BRIGADE, 101ST AIRBORNE DIVISION BY THE TOWN AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT RELATED THERETO
Report: Police Chief Steven McCulley
Recommendation: Adopt the attached Resolution Authorizing the Adoption of Baker Company, 1st Battalion, 506th Infantry, 1st Brigade, 101st Airborne Division by the Town of Atherton and authorize the Mayor to execute the Agreement on behalf of the Town

14. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE 2017 OVERLAY PROJECT
Report: City Engineer Marty Hanneman
Recommendation: Accept work and authorize recording of a Notice of Completion for the 2017 Overlay Project, Number 56078

15. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE 2017 CAPE SEAL PROJECT
Report: City Engineer Marty Hanneman
Recommendation: Accept work and authorize recording of a Notice of Completion for the 2017 Cape Seal Project, Number 56077

16. RESOLUTION TO REJECT CLAIM OF CYRUS S. SAFAI
Report: Acting City Clerk Judi Herren
Recommendation: Adopt Resolution 17-XX denying the claim filed by Cyrus S. Safai

PUBLIC HEARINGS – (Items 17 – 20)

17. REVIEW AND DISCUSS, AND IF APPROPRIATE, CONDUCT THE PUBLIC HEARING AND ADOPT A FEE RESOLUTION AMENDING FEES AND CHARGES RELATED TO RENTAL FEES AT HOLBROOK PALMER PARK AND DEAD TREE REMOVAL INSPECTION FEE
Report: Finance Director Robert Barron III
Recommendation: Review and discuss, and if appropriate, conduct the Public Hearing and adopt the attached fee resolution amending fee and charges related to rental fees at Holbrook Palmer Park and dead tree removal inspection fee

18. CONDUCT THE PUBLIC HEARING AND INTRODUCE AN ORDINANCE ADDING CHAPTER 15.64 TO THE ATHERTON MUNICIPAL CODE RELATING TO EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRICAL VEHICLE CHARGING STATIONS
Report: Building Official Mike Greenlee
Recommendation: Conduct a Public Hearing and introduce an Ordinance adding Chapter 15.64 to the Atherton Municipal Code relating to the expedited and streamlined permitting process for electrical vehicle charging stations in compliance with Assembly Bill AB1236

19. APPROVE THE ATTACHED REQUEST FOR A TENTATIVE PARCEL MAP CERTIFICATE TO CREATE TWO LOTS AT 336 WALSH ROAD (APN 073-220-030)
Report: Senior Planner Stephanie B. Davis
Recommendation: Approve attached Tentative Parcel Map Certificate at 336 Walsh Road make the findings listed in Atherton Municipal Code Section 16.16 and as listed in the Findings section of this staff report

20. AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON CALLING FOR A SPECIAL MUNICIPAL ELECTION TO SUBMIT A MEASURE TO RENEW THE PARCEL TAX FOR AN ADDITIONAL FOUR YEARS AND INCREASE THE APPROPRIATION LIMIT TO PERMIT SPENDING THE PROCEEDS OF THE PARCEL TAX FOR THE SAME PERIOD; AND REQUESTING THE SAN MATEO COUNTY BOARD OF SUPERVISORS CONSOLIDATE WITH ANY OTHER ELECTION TO BE HELD ON NOVEMBER 7, 2017
Report: Acting City Clerk Judi Herren
Recommendation: That the Council hold a public hearing and adopt the following ordinance – an Ordinance of the City Council of the Town of Atherton calling for a Special Municipal Election and order of submission to the qualified electors of the Town of Atherton a Measure to renew the Parcel Tax for an additional four years and increase the Appropriations Limit to permit spending the proceeds of the Parcel Tax for the same period; and requesting that the San Mateo County Board of Supervisors Consolidate with any other Election to be held on November 7, 2017

REGULAR AGENDA – (Items 21 – 25)

21. A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON, CALIFORNIA, (1) SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING RENEWAL OF THE PARCEL TAX FOR AN ADDITIONAL FOUR YEARS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND INCREASING THE APPROPRIATION LIMIT TO PERMIT SPENDING THE PROCEEDS OF THE PARCEL TAX FOR THE SAME PERIOD; AND (2) PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR RENEWAL OF THE PARCEL TAX TO THE COUNTY AT THE NOVEMBER 7, 2017 ELECTION
Report: Acting City Clerk Judi Herren
Recommendation: Adopt a resolution setting priorities for filing written primary argument(s) regarding the parcel tax and directing the City Attorney to prepare an impartial analysis to be printed in the ballot; and for providing for the filing of rebuttal arguments (if rebuttals are accepted by Council)

22. CIVIC CENTER UPDATE: RECEIVE AND FILE THE COST MODEL MANAGER AND UPDATED PROJECT SCHEDULE; AUTHORIZE THE CITY ATTORNEY TO PREPARE AND THE CITY MANAGER TO EXECUTE AGREEMENT AMENDMENTS WITH WRNS STUDIOS, AS APPROPRIATE; APPROVE THE PRE-QUALIFIED LIST OF FIVE GENERAL CONTRACTORS; AUTHORIZE THE CITY ATTORNEY TO REVIEW AND THE CITY MANAGER TO SIGN A LETTER OF INTENT WITH THE SFPUC
Report: City Engineer Marty Hanneman
Recommendation:
1) Receive and file the Cost Model Manager (CMM) and Updated Project Schedule; and
2) Authorize the City Attorney to prepare and the City Manager to execute an amendment to the consulting services agreement with WRNS Studio to prepare site plans for temporary trailers for a not to exceed fee of $19,500; and
3) Authorize the City Attorney to prepare and the City Manager to execute an amendment to the consulting services agreement with WRNS Studio to provide the necessary designs and documentation for five additional deduct alternates for a not to exceed fee of $130,250; and
4) Approve the pre-qualified list of five General Contractors; and
5) Authorize the City Attorney to review and the City Manager sign a Letter of Intent with the SFPUC for the existing 36-inch water line.

23. REVIEW CALTRAIN PCEP TREE AVOIDANCE MINIMIZATION AND REPLACEMENT PLAN AND PROVIDE STAFF WITH DIRECTION
Report: Kashiwagi/Tyler
Recommendation:

24. AUTHORIZE THE CITY ATTORNEY TO REVIEW AND THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE LAS LOMITAS SCHOOL DISTRICT FOR A PROPOSED STORM WATER CAPTURE FACILITY
Report: City Engineer Marty Hanneman
Recommendation: Authorize the City Attorney to review and the City Manager to sign a memorandum of understanding (MOU) with the Las Lomitas School District to address project management, funding, and responsibilities for the proposed Las Lomitas Elementary School storm water capture facility

25. AUTHORIZE THE CITY MANAGER TO NEGOTIATE A LEASE AGREEMENT AND EASEMENTS WITH ATHERTON FIBER; DIRECT CITY ATTORNEY TO DRAFT LEASE AGREEMENT AND EASEMENTS; AUTHORIZE CITY MANAGE TO EXECUTE LEASE AGREEMENT AND EASEMENTS
Report: City Engineer Marty Hanneman
Recommendation:
1) Authorize the City Manager to negotiate a lease agreement and easements with Atherton Fiber/Paxio/Open Fiber; and
2) Direct the City Attorney to draft a lease agreement and easements; and
3) Authorize the City Manager to execute the lease and easements on behalf of the Town

27. COUNCIL REPORTS/COMMENTS

28. FUTURE AGENDA ITEMS

29. PUBLIC COMMENTS

30. 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 City Council at, or prior to, the public hearing. Judicial review of any Town administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period.

Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection by 5:00 p.m. the Friday before each regularly scheduled City Council meeting.

Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the City Clerk’s Office at (650) 752-0500. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (29 CRF 35.104 ADA Title II)