Council Member Lempres will teleconference from the following location for both closed session and the regular meeting:
La Quinta Resort & Club
49-499 Eisenhower Drive,
La Quinta, California, 92253
This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
6:00 CLOSED SESSIONCLOSED SESSION IN CONFERENCE ROOM
ROLL CALL Wiest, Widmer, Lewis, DeGolia, Lempres
PUBLIC COMMENTS Public Announcement of Closed Session Items
CLOSED SESSIONA. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957(b) City Manager
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) One (1) CaseC. CONFERENCE WITH LABOR NEGOTIATOR – Labor negotiations pursuant to Government Code Section 54957.6 Agency Negotiators: George Rodericks, City Manager
Employee Organization: Unrepresented Employees, Atherton Police Officers’ Association7:00 REGULAR SESSION1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Widmer, DeGolia, Lewis, Wiest, Lempres
3. PRESENTATIONS• Oath of Office – Officer Diego Romero – Administered by Chief McCulley
• Selby Lane School - Warren Sedar, Principal
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 WRITTEN REPORT AND VARIOUS DEPARTMENT ORAL REPORTS ON NOTED ITEM Discussion: The City Manager’s Report includes written reports from the Town’s various Departments. Staff is present to answer any questions the Council may have on the various issues noted in the written in the Reports. The Council may ask questions and discuss any of the various items in the City Manager’s Report. Staff is also present to provide oral reports on the status of the following issues/projects: Public Safety Activity and Crime Prevention – Steve McCulley, Police Chief
7. COMMUNITY ORGANIZATION ROUNDTABLE REPORT
CONSENT CALENDAR (Items 8-13)
(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: January 9, 2019 and January 21, 2019
Description: This item involves approval of draft minutes from past City Council meetings.
9. APPROVAL OF BILLS AND CLAIMS FOR JANUARY, 2019 IN THE AMOUNT OF $ 1,318,062 Report: Finance Director Robert Barron III
Recommendation: Approve Bills and Claims for November in the total amount of $ 1,318,062
10. ACCEPTANCE OF TREASURER’S REPORT FOR THE SECOND QUARTER ENDED DECEMBER 31, 2018 Report: Finance Director Robert Barron III
Recommendation: Accept the Treasurer’s Report for the Second Quarter Ended December 31, 2018
11. RESOLUTION AUTHORIZING THE DESTRUCTION OF RECORDS PURSUANT TO GOVERNMENT CODE SECTION 34090 Report: Police Chief McCulley
Recommendation: Adopt the attached Resolution authorizing the destruction of certain records pursuant to Government Code Section 34090
Description: Upon review of the Report, the City Council would authorize files that are ready for destruction under the Town's Document Retention Policy and subject to Government Code Section 34090. The documents are as follows: 1 Citizen Complaint from 2013 that exceeds the 5 year standard to maintain, 2 partial backgrounds for Police Officers that were not hired and 2016 Citations. The last two have a 2 year standard for maintenance.
12. ACCEPT THE FINAL PARCEL MAP FOR THE CIVIC CENTER PROJECT AT 91 ASHFIELD ROAD AND 2 DINKELSPIEL STATION LANE (APNS 060-321-010, 060-321-130, 060-323-180, 060-323-010, 060-321-170 and 060-321-160) Report: Town Planner Lisa Costa Sanders
Recommendation: It is recommended that the City Council determine that the Final Parcel Map is in conformity with the approved Tentative Parcel Map, the requirements of Title 16 (Subdivisions) of the Atherton Municipal Code and the California Subdivision Map Act and accept the Final Parcel Map for recording.
Description: This item involves the review and approval of the Civic Center’s Final Parcel Map. The Map combines all of the connected parcels of the Civic Center into one parcel. If discussed, the Council would discuss the merits of the Parcel Map and issues related to setbacks and lot coverage.
13. ACCEPT THE FISCAL YEAR 2017-18 AUDITED BASIC FINANCIAL STATEMENTS Report: Finance Director Robert Barron III
Recommendation: Accept the FY 2017-18 Audited Basic Financial Statements and the Memorandum on Internal Control and Required Communications
PUBLIC HEARING – None
REGULAR AGENDA – (Items 14-21)
14. DISCUSS AND, IF APPROPRIATE, ADOPT AMENDMENTS TO THE TOWN’S RAIL POLICY; PROVIDE DIRECTION AND FEEDBACK TO STAFF REGARDING A RESPONSE TO THE CALTRAIN BUSINESS PLAN; AND ESTABLISHMENT OF AD HOC SUBCOMMITTEE TO WORK WITH STAFF REGARDING TRANSIT ORIENTED DEVELOPMENT AND TO MEET WITH LEGISLATORS REGARDING HOUSING ALONG RAIL CORRIDORS AND POTENTIALLY MEET WITH CALTRAIN REPRESENTATIVES REGARDING THE ATHERTON STATION Report: Public Works Director Robert Ovadia
Recommendation: Discuss, and, if appropriate, adopt amendments to the Town’s Rail Policy; provide direction and feedback to staff regarding a response to the Caltrain Business Plan; and establish an Ad Hoc Subcommittee regarding Transit-Oriented-Development and to meet with Legislators and other elected officials regarding housing along rail and transit corridors, and potentially meet with Caltrain representatives regarding the Atherton Station.
Description: This item involves the consideration of amendments to the Town’s Rail Policy. The Council will discuss potential levels of service for the Atherton Train Station and provide direction to staff to provide input in the development of the Caltrain Business plan and desired service levels. The Council may also discuss current regional and legislative efforts regarding transit-oriented development and may create a subcommittee to meet with legislators and other elected officials regarding housing along rail and transit corridors.
15. AUTHORIZE MAYOR TO TRANSMIT A COMMENT LETTER TO CALTRAIN REGARDING CONSTANT WARNING TIME SYSTEM CONCERNS ASSOCIATED WITH THE CALTRAIN MODERNIZATION PROJECT Report: Public Works Director Robert Ovadia
Recommendation: Authorize the Mayor to sign the attached letter and transmit to Caltrain expressing concerns regarding the planned Constant Warning Time system for the various trains operating on the Caltrain Corridor
Description: This item involves concerns raised at the Town’s Rail Committee regarding the planned Constant Warning Time system for the various trains operating on the Caltrain Corridor. Constant Warning Time devices are to provide relatively uniform advance warning time between the activation of warning devices and train arrival. The Council may discuss issues the Denver Regional Transportation District (RTD) is experiencing with the implementation of their Constant Warning Time System for their new electric light rail system and its applicability to the Caltrain corridor. The Council will consider transmittal of a letter to Caltrain regarding the issues as Caltrain’s contractor for their modernization project is part of the Denver contractor/operator team.
16. APPROVE THE MIDDLEFIELD ROAD CLASS II BICYCLE LANES IMPROVEMENTS PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR PUBLIC BIDS - PROJECT NUMBER 56081 Report: Public Works Director Robert Ovadia
Recommendation: Approve the Middlefield Road Class II Bicycle Lanes Improvements Plans and Specifications and authorize staff to advertise for public bids
Description: This item involves the approval of project design documents for the Middlefield Road Class II Bicycle Lanes Improvements project and authorization to release the project for public bid. The Council may discuss the proposed improvements which extend along Middlefield Road from north of Jennings Lane to south of Ravenswood Avenue.
17. CIVIC CENTER UPDATE: AUTHORIZE THE CITY ATTORNEY TO PREPARE AND THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MOBILE MODULAR MANAGEMENT CORPORATION FOR THE RELOCATION OF ADMINISTRATION/FINANCE AND BUILDING/PLANNING STAFF DURING CONSTRUCTION OF THE CIVIC CENTER PROJECT Report: Public Works Director Robert Ovadia
Recommendation: Authorize the City Attorney to prepare and the City Manager to execute a Lease Agreement with Mobile Modular Management Corporation in the amount not to exceed $271,238 for two – 36’x60’ trailer setups (six total trailers) for Admin/Finance and Building/Planning for a period of 20 months and authorize a 20% contingency in the amount of $55,000 for the City Manager to execute as needed changes to the lease or required unforeseen work, moving expenses, utility connections and other equipment required to install the trailers.
Description: This report requests City Council authorization for the City Manager to execute a Lease Agreement with Mobile Modular Management Corporation in the amount not to exceed $271,238 for six temporary trailers to be located in the North Meadow parking lot in Holbrook-Palmer Park for Admin/Finance and Building/Planning staff for a period of 20 months during the construction of the Civic Center project.
18. RECEIVE AND FILE THE MID-YEAR BUDGET REPORT FOR FY 2018/19; AND ADOPT THE BUDGET AMENDMENT RESOLUTION FOR NECESSARY ADJUSTMENTS Report: Finance Director Robert Barron III
Recommendation: Receive and file the Mid-Year Budget Review for the General Fund for FY 2018/19; and adopt the attached Resolution authorizing a Budget Amendment for Necessary Adjustments
Description: This item will involve a discussion by the Council of the Mid-Year Budget review of General Fund for FY 2018/19. It will also include adoption of a budget amendment resolution for necessary adjustments to budgeted expenses. Discussion will include projected revenues and expenditures of the General fund and adjustments to operating departments. Also will include discussion update to the FY 2018/19 projected unallocated Fund Balance and estimated allocation and funding toward Civic Center. Council Discussion could also include upcoming CIP projects and provide opportunity to make adjustments and corrections based on unanticipated changes, goals and priorities of the Council. Adoption of budget resolution will be to FY 2018/19 General Fund operational expenditures.
19. DISCUSSION OF OPTIONS FOR USE OF RULE 20A UTILITY UNDERGROUNDING WORK CREDITS AND PROVIDE STAFF WITH DIRECTION Report: Public Works Director Robert Ovadia
Recommendation: Discuss options for use of Rule 20A Utility Undergrounding Work Credits; consider the option of selling accumulated Rule 20A work credits; and provide staff with direction
Description: This item involves the consideration of the use of PG&E Rule 20A utility undergrounding work credits. The Council will discuss potential of selling or transferring the Town’s work credits to another interested community. The Council may direct staff to reach out to communities within the PG&E service area to gauge their interest in purchasing the Town’s work credits.
20. DISCUSSION AND DIRECTION REGARDING THE AMENDED AND RESTATED FRANCHISE AGREEMENT BETWEEN THE TOWN OF ATHERTON AND RECOLOGY SAN MATEO COUNTY FOR RECYCLABLE MATERIALS, ORGANIC MATERIALS, AND SOLID WASTE COLLECTION SERVICES Report: City Manager George Rodericks
Recommendation: Review report and provide direction for next steps with respect to the Amended and Restated Franchise Agreement between the Town of Atherton and Recology San Mateo County for Recyclable Materials, Organic Materials, and Solid Waste Collection Services
Description: This item involves a discussion of the Amended and Restated Franchise Agreement between the Town and Recology; a requested review of refuse collection rates of other jurisdictions; and direction to staff regarding adoption of the Amended Agreement or preparation of a Request for Proposal for consulting services to prepare a Request for Bid for Refuse Services.
21. DISCUSSION AND DIRECTION REGARDING LEAF BLOWERS AND POSSIBLE RESTRICTIONS ON THEIR USE IN TOWN Report: City Manager George Rodericks
Recommendation: Review and discuss the report and provide direction to staff regarding leaf blowers and possible restrictions on their use in Town.
Description: The Council will review and discuss the possibility of researching the use of leaf blowers in consideration of a ban or limitation on their use. The Council will discuss the restrictions on leaf blowers in other jurisdictions and may discuss the use of a local Town subcommittee to conduct outreach and education.
22. COUNCIL REPORTS/COMMENTS
23. FUTURE AGENDA ITEMS
24. PUBLIC COMMENTS
25. ADJOURN
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)