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Town of Atherton

CITY COUNCIL 
AGENDA
September 19, 2018
7:00 p.m. Regular Session
94 Ashfield Road



1. ROLL CALL
Council Members: Lewis, DeGolia, Lempres, Vice Mayor Widmer, Mayor Wiest

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS

Proclamation – Mayor

Atherton Fiber – Philip Clark

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 8-18)
(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 MINUTES
Report: City Clerk Theresa DellaSanta
Recommendation: Approve minutes for: June 20, 2018; July 18, 2018, August 17, 2018, August 21, 2018

9. APPROVAL OF BILLS AND CLAIMS FOR JULY, 2018 IN THE AMOUNT OF $ 3,051,530; AND FOR AUGUST, 2018 IN THE AMOUNT OF $ 1,489,036
Report: Finance Director Robert Barron III
Recommendation: Approve Bills and Claims for July and August in the total amount of $4,540,566

10. ACCEPTANCE OF TREASURER’S REPORT FOR THE FOURTH QUARTER ENDED JUNE 30, 2018
Report: Finance Director Robert Barron III
Recommendation: Accept the Treasurer’s Report for the Fourth Quarter Ended June 30, 2018

11. 2nd READING AND ADOPTION OF AN ORDINANCE ESTABLISHING THE DEVELOPMENT AGREEMENT ADOPTION PROCEDURE UNDER CHAPTER 17.07 OF THE ATHERTON MUNICIPAL CODE
Report: Town Planner Lisa Costa Sanders
Recommendation: Adopt an establishing the Development Agreement Adoption Procedure under Chapter 17.07 of the Atherton Municipal Code
Description: This item involves adopting an ordinance that establishes Development Agreement Adoption Procedures. It is the 2nd Reading and Adoption of the Ordinance.

12. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE 2018 OVERLAY PROJECT, PROJECT NUMBER 56085
Report: Public works Director Robert Ovadia
Recommendation: Accept work and authorize recording of a Notice of Completion for the 2018 Overlay Project, Number 56085
Description: This item involves the acceptance of work completed under the 2018 street overlay project by G. Bortolotto & Company and authorization to file the Notice of Completion with the San Mateo County Recorder's Office.

13. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE STOCKBRIDGE AVE. VALLEY GUTTER REPLACEMENT PROJECT
Report: Public Works Director Robert Ovadia
Recommendation: Accept work and authorize recording of a Notice of Completion for the Stockbridge Ave. Valley Gutter Replacement Project, Number 56086
Description: This item involves the acceptance of work completed under the Stockbridge Avenue Valley Gutter Replacement project by Golden Bay Construction, Inc. and authorization to file the Notice of Completion with the San Mateo County Recorder's Office.

14. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE 2018 SLURRY SEAL PROJECT, PROJECT NUMBER 56084
Report: Public Works Director Robert Ovadia
Recommendation: Accept work and authorize recording of a Notice of Completion for the 2018 Slurry Seal Project, Project Number 56084
Description: This item involves the acceptance of work completed under the 2018 street slurry seal project by American Asphalt Repair and Resurfacing Company, Inc. and authorization to file the Notice of Completion with the San Mateo County Recorder's Office.

15. ADOPTION OF RESOLUTION ACCEPTING EXPENDITURES FOR BALANCE OF FISCAL YEAR 2018-2019 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF), CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) GRANT
Report: Police Chief Steve McCulley
Recommendation: Adopt the attached resolution accepting the recommended expenditures of the remaining balance of FY 2018-19 Supplemental Law Enforcement Services Fund (SLESF), Citizen’s Option for Public Safety (COPS) Grant in the amount of $100,000 in accordance with California state requirements.
Description: This item involves the adoption of a Resolution in support of the Grant. The Resolution identifies the uses for the various public safety grants in order for the Town to continue receiving them.

16. ADOPT RESOLUTION 18-XX APPROVING THE ESTABLISHMENT OF SPEED LIMITS ON ATHERTON AVENUE, ELENA AVENUE, FREDRICK AVENUE, GLENWOOD AVENUE, GREENOAKS AVENUE, OAK GROVE AVENUE, POLHEMUS AVENUE, SELBY LANE, AND STOCKBRIDGE AVENUE
Report: Public Works Director Robert Ovadia
Recommendation: Adopt a Resolution declaring the following speed limits based upon the engineering and speed studies and other related information in the staff report
Description: This item involves the establishment of speed limits on Atherton Avenue, Elena Avenue, Frederick Avenue, Glenwood Avenue, Greenoaks Avenue, Oak Grove Avenue, Polhemus Avenue, Selby Lane, and Stockbridge Avenue. The Resolution does not make any amendments to the current limits on any of the identified streets.

17. AUTHORIZATION TO RELEASE REQUEST FOR PROPOSALS FOR ENVIRONMENTAL DOCUMENTATION FOR A PROPOSED STORMWATER CAPTURE FACILITY PROJECT AT CARTAN FIELD
Report: Town Planner Lisa Costa Sanders
Recommendation: The City Council authorize Planning Department Staff to release a Request for Proposals (RFP) to qualified environmental consulting firms for the preparation of an Initial Study and Mitigated Negative Declaration (IS/MND) for a proposed Stormwater Capture Facility Project at Cartan Field
Description: This item involves the release of a request for proposals from qualified environmental consultants to prepare an Initial Study and Mitigated Negative Declaration for a Stormwater Capture Facility at Cartan Field. If removed from the Consent Agenda for discussion, the Council will discuss the content of the Request for Proposals and the timing of the environmental document preparation. Staff is recommending that the Council authorize the release of the Request for Proposals. Once responses to the Proposal are received, the Council will review and discuss award of any work to be done.

18. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE SERIES CIRCUIT STREET LIGHT REPLACEMENT PROGRAM PROJECT, PROJECT 56080
Report: Public Works Director Robert Ovadia
Recommendation: Accept work and authorize recording of a Notice of Completion for the Series Circuit Street Light Replacement Program Project, Project Number 56080
Description: This item involves the acceptance of work completed under the Series Circuit Street Light Replacement Program project by Nema Construction and authorization to file the Notice of Completion with the San Mateo County Recorder's Office.

PUBLIC HEARING – (19-22)

19. PROPERTY OWNER APPEAL OF NOTICE & ORDER ISSUED FOR 370 WALSH ROAD
Report: Police Chief McCulley/Code Enforcement Officer Diaz
Recommendation: Staff recommends the corrective actions in the Notice and Order issued on July 19, 2018 for existing violations at the property located at 370 Walsh Road be upheld. The Notice and Order is requiring that the Property Owners comply with the Atherton Municipal Code, California Building Code, Uniform Code for the Abatement of Dangerous Buildings and Uniform Housing Code through standardized repairs with proper plans and building permits, or by removing or demolishing a structure located on the property.
Description: This item is the result of Code Enforcement at the referenced property. The Council will conduct a Public Hearing and then discuss the various violations present on the property that require remedy. The Council will also discuss the history of the property and the Town’s enforcement actions. The Council may also discuss next steps should the Town fail to gain compliance on any enforcement action.

20. CONDUCT A PUBLIC HEARING; AND, IF APPROPRIATE, INTRODUCE UPDATED ORDINANCE NO. 12.24, AN ORDINANCE OF THE TOWN OF ATHERTON RELATED TO HOLBROOK PALMER (HP) PARK
Report: Police Chief Steve McCulley
Recommendation: Conduct a Public Hearing; and, if appropriate, introduce updated Ordinance No. 12.24, an Ordinance of the Town of Atherton related to Holbrook Palmer Park
Description: This item involves revisions to Chapter 12.24 of the Atherton Municipal Code related to the rules and regulations for Holbrook Palmer Park. The Council will conduct a Public Hearing and discuss the proposed revisions to the Ordinance. The proposed revisions deal with adding regulations for the use of drones, the control and leashing of dogs, the consumption or possession of alcohol, and the use of amplified sound. The Town’s leash law and regulations for drones already exist so the adds to the Ordinance are merely an update to current laws already on the books. Alcohol is allowed in the Park only under a Town permit or rental agreement. This is clarified in the update. Amplified sound is also allowed only under a Town permit or rental agreement. This too is clarified. The Council will discuss these changes to the ordinance and may discuss the entirety of the Ordinance itself relating to Park regulations. The Council may discuss activities in the Park that they experience and how the Town staff manages or regulates these activities

21. SECOND READING AND ADOPTION OF ORDINANCE NO. XX, AN ORDINANCE OF THE TOWN OF ATHERTON RELATED TO FALSE ALARM SYSTEMS; AND ADOPTION OF A RESOLUTION SETTING FEES FOR FALSE ALARMS
Report: Police Chief Steve McCulley
Recommendation: Accept for Second Reading and Adoption Ordinance No. XX, an Ordinance of the Town of Atherton related to False Alarm Systems; and Adopt Resolution No. 18-XX, A Resolution Setting Fees for False Alarms
Description: This item involves the 2nd Reading and Adoption of an Ordinance regulating False Alarm Response in the Town and the adoption of a Resolution that sets the fees for false alarms. The Council has discussed much of this item at prior meetings; but the Council’s discussion may include issues related to the number of false alarms, the types of response by the Town, the fees suggested for collection in the event of false alarms, and any grace period for removing a Town-monitored alarm system.

22. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTION OF A FEE RESOLUTION AMENDING FEES AND CHARGES RELATED TO RENTAL FEES FOR THE PAVILION AT HOLBROOK PALMER PARK
Report: Public Works Director Robert Ovadia
Recommendation: Conduct a Public Hearing and adopt the attached fee resolution amending fee and charges related to rental fees for the Pavilion at Holbrook Palmer Park
Description: The City Council will hold a Public Hearing and consider the adoption of new rental fees for the Pavilion at Holbrook Palmer Park, pursuant to the recommendations of the Park and Recreation Committee. The Council may discuss issues related to park rentals, facilities, cost of maintenance and operations, as well as the fees and characteristics for neighboring similar venues

REGULAR AGENDA – (Items 23-29)

23. REVIEW AND DISCUSS THE CIVIC CENTER PROJECT UPDATE TO INCLUDE A CONTINUED DISCUSSION OF PROJECT FUNDING; AUTHORIZE THE CITY ATTORNEY TO PREPARE AND CITY MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH WRNS STUDIOS TO PERFORM RE-DESIGN WORK FOR THE ADMINISTRATIVE/POLICE BUILDING
Report: Marty Hanneman
Recommendation:
1. Recommendation: Review and Discuss the Civic Center Project Update to include a continued discussion of project funding; and
2. Authorize the City Attorney to prepare and City Manager to execute an agreement amendment with WRNS Studios to perform re-design work for the Administrative/Police building.
Description: This item will involve a continued discussion by the Council on funding options related to the overall project which will include, but not be limited to, fundraising, cash available for the project, certificates of participation, bonds, and other items reasonably related to funding. Staff is also asking the Council to Authorize the City Attorney to prepare and City Manager to execute an agreement amendment with WRNS Studios to perform re-design work for the Administrative/Police building. With respect to the Scope of Work and VE options, the Council may discuss which items should be included as part of the base bid and to what extent and which should be included as additive alternates or deducts. This may include a discussion of the Council Chambers and the extent of roofing to be done as clay tile versus asphalt shingle.

24. ADOPTION OF A TREE INSPECTION AND RISK MANAGEMENT POLICY FOR TOWN MAINTAINED TREES; AND REVIEW, DISCUSSION AND DIRECTION ON RESPONSIBILITY FOR MAINTENANCE OF TREES ALONG MIDDLEFIELD ROAD AND MARSH ROAD
Report: Public Works Director Robert Ovadia
Recommendation:
1. Adopt the attached Tree Inspection and Risk Management Policy for Town Maintained Trees; and
2. Review, discuss and provide direction on the responsibility for maintenance of trees along Middlefield Road and Marsh Road
Description: This item will involve the discussion by the Council on whether to adopt a new policy regarding the inspection and risk management of Town maintained trees. The Council will also discuss whether the Town should continue maintaining the trees on the east side of Middlefield Road and if the Town should add maintenance responsibility for the trees along the south side of Marsh Road within Town limits. The Council may discuss issues related to cost of maintenance, numbers of trees, budget, and maintenance standards.

25. RESPONSE LETTER TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT REGARDING THE DEPLOYMENT OF NARCAN BY PEACE OFFICERS
Report: Police Chief Steve McCulley
Recommendation: Approve the Town of Atherton’s Response Letter to the San Mateo County Civil Grand Jury Report “Law Enforcement Officers+ Narcan = Lives Saved From Opioid Overdoses."
Description: For this item, the Council will discuss the Grand Jury Report on the deployment of narcan by peace officers. The Council will discuss the position of the Town; review the Grand Jury Response Letter; make any modifications as deemed appropriate; and approve the Letter for signature by the Mayor.

26. REVIEW AND AUTHORIZE THE MAYOR TO EXECUTE A RESPONSE TO THE 2017-2018 GRAND JURY REPORT:
“SMOKE-FREE MULTIUNIT HOUSING: NO IFS, ANDS, OR BUTTS”

Report: Town Planner Lisa Costa Sanders
Recommendation: Consider the attached response to the San Mateo Grand Jury on their report entitled “Smoke-free Multiunit Housing: No Ifs, Ands, or Butts”; and, if appropriate, authorize the Mayor to execute the response
Description: For this item, the Council will discuss the Grand Jury Report on smoke-free multiunit housing. The Council will discuss the position of the Town; review the Grand Jury Response Letter; make any modifications as deemed appropriate; and approve the Letter for signature by the Mayor.

27. REVIEW AND APPROVE THE RESPONSE TO GRAND JURY REPORT: “COOPERATIVE PURCHASING- A ROADMAP TO MORE EFFECTIVE PROCUREMENT”
Report: Finance Director Robert Barron III
Recommendation: Review and Approve the attached response to the San Mateo County Grand Jury Report on their report entitled “Cooperative Purchasing-A Roadmap to More Effective Procurement
Description: For this item, the Council will discuss the Grand Jury Report on purchasing. The Council will discuss the various purchasing options that the Town uses; review the Grand Jury Response Letter; make any modifications as deemed appropriate; and approve the Letter for signature by the Mayor.

28. REVIEW AND APPROVE THE RESPONSE TO GRAND JURY REPORT: “SOARING CITY PENSION COSTS- TIME FOR HARD CHOICES”
Report: Finance Director Robert Barron III
Recommendation: Review and approve the attached response to the San Mateo County Grand Jury Report on their report entitled “Soaring City Pension Costs- Time for Hard Choices”
Description: For this item, the Council will discuss the Grand Jury Report on pension obligations. The Council will discuss the various pension positions of the Town; review the Grand Jury Response Letter; make any modifications as deemed appropriate; and approve the Letter for signature by the Mayor.

29. INTRODUCTION OF ORDINANCE OF THE COUNCIL OF THE TOWN OF ATHERTON AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE TOWN OF ATHERTON AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE TOWN OF ATHERTON
Report: City Manager George Rodericks
Recommendation: 1) Introduce the Ordinance of the City Council of the Town of Atherton authorizing an Amendment to the contract between the Town and the Board of Administration of the California Public Employees’ Retirement System. Waiver further reading.
2) Adopt the Resolution of Intention to approve an amendment to the contract between the Board of Administration California Public Employees’ Retirement System (CalPERS) and the City Council of the Town of Atherton.
Description: For this item, the Council will discuss authorizing an amendment to the contract with California Public Employees Retirement System to add additional pension cost share provisions for Atherton Police Officers’ Association members. The provisions under this Ordinance are already in force through the collective bargaining process and the resultant negotiated Memorandum of Understanding between the Town and the Atherton Police Officers Association.

30. COUNCIL REPORTS/COMMENTS

31. FUTURE AGENDA ITEMS

32. PUBLIC COMMENTS

33. 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)