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Town of Atherton

CITY COUNCIL
June 19, 2019
Closed Session
6:00 PM
Administrative Conference Room
150 Watkins Avenue
  REGULAR MEETING
                                                       7:00 PM
                                                       Pavilion
150 Watkins Avenue 


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

6:00 PM CLOSED SESSION

CLOSED SESSION IN CONFERENCE ROOM

ROLL CALL  Widmer, DeGolia, Lewis, Wiest, Lempres

PUBLIC COMMENTS 

Public Announcement of Closed Session Items

CLOSED SESSION

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

                 City Manager

7:00 PM REGULAR SESSION – Convene as the City Council

1. PLEDGE OF ALLEGIANCE

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

3. PRESENTATIONS

Proclamation – Jim Massey

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
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 Reports. The Council may ask questions and discuss any of the various items. 

7. COMMUNITY ORGANIZATION ROUNDTABLE REPORT   

CONSENT CALENDAR   (Items 8-10)
(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, Anthony Suber
Recommendation: Approve minutes for May 15, 2019
Description: This item involves approval of draft minutes from past City Council meetings. 

9. APPROVAL OF BILLS AND CLAIMS FOR MAY, 2019 IN THE AMOUNT OF   $1,312,700 
Report: Finance Director, Robert Barron III
Recommendation: Approve Bills and Claims for March in the total amount of $ 1,312,700

10. APPROVAL OF LEASE EXTENSION FOR KNOX PLAYSCHOOL
Report: Public Works Director, Robert Ovadia
Recommendation: Approve a one-year lease extension with options for two successive 1- year terms for the Knox Playschool at Holbrook-Palmer Park and authorize the City Attorney to draft and the City Manager to execute the amendment
Description: This item involves the discussion of an extension of the current facility lease at Holbrook-Palmer Park with Knox Playschools.  The current rent amount is $7,175.27 per month, adjusted annually commensurate with the Consumer Price Index.

PUBLIC HEARING –  None 

REGULAR AGENDA - (Items 11-16)

11. CONSIDERATION OF AND APPOINTMENTS TO VARIOUS TOWN COMMITTEES AND  PLANNING COMMISSION
Report: Anthony Suber, City Clerk
Recommendation: It is recommended that the City Council review the applicants for the Town Committees and Planning Commission and make appointments to fill vacant positions. 
Description: This item involves Council appointments to Town Committees and Commissions. It also outlines a process by which Council will assigned established staggered terms of appointment to each of those Committees and Commissions for each member appointed.

12. ADOPT THE ATTACHED RESOLUTIONS ADOPTING THE FY 2019/20 OPERATIONS AND CAPITAL BUDGET, SALARY & BENEFIT RESOLUTION FOR UNREPRESENTED STAFF, MEMORANDUM OF UNDERSTANDING FOR THE ATHERTON POLICE OFFICERS ASSOCIATION; 2019/20 SALARY AND CLASSIFICATION SCHEDULE, AND THE GANN LIMIT APPROPRIATIONS
Report:
Finance Director, Robert Barron III
Recommendation: Adopt the accompanying Resolutions (adoption of all Resolutions may be done by one motion)
1. The FY 2019/20 Operating and Capital Improvement Budget;
2. The FY 2019/20 Salary and Benefit Resolution Unrepresented Staff;
3. The FY 2019/20 Salary Schedules and Classifications;
4. The FY 2019/20 Gann Limit Appropriations;
5. The FY 2019 – FY2022 Atherton Police Officers Association MOU Resolution
Description: This item involves a presentation by staff to adopt the proposed Operating and Capital Improvement budget for Fiscal Year 2019/2020, the salary and benefits for unrepresented staff, Memorandum of Understanding for Atherton Police Officers Association, Salary and Classification Schedules. Council will discuss and provide feedback on the proposed operations and CIP budget, revenues, expenditures, capital projects, salary and benefits, and MOU of APOA . There is a recommendation to the Council to adopt resolutions for FY 2019/2020 Operation and Capital Budget, FY 2019/2020 Salaries and Benefit Schedules, MOU for APOA, and FY 2019/2020 Gann Limit Appropriations.  

13. DISCUSSION ON THE GENERAL PLAN UPDATE: THE 2019 GENERAL PLAN UPDATE AND THE INITIAL STUDY/NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM.
Report:
Senior Planner, Stephanie B. Davis 
Recommendation: It is recommended that the City Council receive a report from staff on the draft 2019 General Plan Update and the Initial Study/Mitigated Negative Declaration (IS/MND), which includes a Mitigation Monitoring and Reporting Program (MMRP) and provide direction to staff.  
Description: This will involve a discussion by the Council of the Town’s Draft 2019 General Plan Update and the associated, prepared environmental document draft Initial Study/Mitigated Negative Declaration. The Council will discuss an overview and purpose of the Town’s 2019 General Plan Update process, and the modifications proposed to the each of the State mandated required Elements of the General Plan. Ultimately, staff is recommending the Council receive the report, discuss, and provide direction to staff on any proposed or additional changes to either the 2019 General Plan or the draft Initial Study/Mitigated Negative Declaration. The item would be scheduled for formal action by the City Council at a future date.

14. REVIEW FEES AND PENALTIES, INCLUDING THE ROAD IMPACT FEE AND CONSTRUCTION TIME LIMIT (CTL) PENALTY AND PROVIDE DIRECTION TO STAFF 
Report
: City Manager, George Rodericks
Recommendation: Review, discuss and provide direction to staff for next steps with respect to a review of fees and penalties.
Description: This report provides information and analysis to the City Council to provide direction and guidance related to specific fees charged by the Town. The fees being discussed in greater detail within this report are Construction Time Limit Ordinance, Penalties for Working without Permits, and Road Impact Fees.

15. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH R3 CONSULTING GROUP FOR SOLID WASTE PROCUREMENT ASSISTANCE
Report:
City Manager, George Rodericks
Recommendation: Authorize the City Attorney to prepare and City Manager to execute an agreement with R3 Consulting Group, Inc. for Solid Waste Procurement Assistance, in the total amount of $49,700, plus an administrative contingency of $5,300. 
Description: The City Council will be discussing the possibility of awarding a contract to a service provider to provide assistance to the staff to solicit for solid waste services. The City Council may discuss the proposal provided by the proposer, the cost for the services, the staff time required to manage and participate in the process, as well as the possibility of approving the Amended and Restated Franchise Agreement with Recology. 

16. CIVIC CENTER UPDATE: RATIFICATION OF THE CITY MANAGER’S APPROVAL OF CHANGE ORDER WORK BY WONG ELECTRIC INC. FOR ELECTRICAL SERVICES FOR THE TEMPORARY TRAILERS; AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH MACK5 FOR EXTENDED PROJECT TIMELINE; AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH MACK5 FOR REQUIRED STORM WATER INSPECTION SERVICES VIA SUBCONTRACTOR; RATIFICATION OF THE CITY MANAGER’S APPROVAL OF AGREEMENT AMENDMENT WITH MACK5 FOR REQUIRED ABATEMENT MONITORING DURING DEMOLITION VIA SUBCONTRACTOR; AUTHORIZE THE CITY  MANAGER TO EXECUTE A TASK ORDER AMENDMENT WITH INTERWEST FOR CONTINUED INFORMATION TECHNOLOGY SERVICES FOR THE CIVIC CENTER PROJECT; AUTHORIZE THE CITY ATTORNEY TO REVIEW AND THE CITY MANAGER TO EXECUTE A CONSENT AGREEMENT AND A EXCHANGE IN REAL PROPERTY INTEREST AGREEMENT WITH SFPUC; AND RATIFY THE CITY MANAGER CONSTRUCTION CONTRACT CHANGE ORDER PROCESS.  
Report: Project Manager, Marty Hanneman
Recommendation: 

1. Ratify the City Manager’s approval of additional work by Wong Electric Inc. for electrical services already provided for the temporary trailers exceeding the authorized contingency by $6,445.31; plus authorization for additional electrical work up to $10,000; 
2. Authorize the City Manager to execute an agreement amendment with Mack5 for extended project timeline to June 30, 2021 at a cost of $98,207; 
3. Authorize the City Manager to execute an agreement amendment with Mack5 for storm water inspection services via Sandis for $48,196; 
4. Ratify the City Manager’s approval of an agreement amendment with Mack5 for required abatement monitoring during demolition via Terracon for $20,534; 
5. Authorize the City Manager to execute a task order amendment with Interwest for continued information technology services for the Civic Center project; 
6. Authorize the City Attorney to review and the City Manager to execute a Consent Agreement and an Exchange in Real Property Interest Agreement with SFPCU.
7. Ratify the City Manager’s Construction Contract Change Order Process for authority to approve individual construction contract change orders or amendments up to an aggregate amount of $2 million; however, no single change order shall exceed $300,000 without separate approval by the City Council.
Description: This report requests the City Council to authorize the City Manager to approved two Change Orders for critical electrical work for the temporary trailers already performed; requests Council authorization for the City Manager to execute agreements with Mack5 – Construction Manager for additional compensation due to extended project timelines, provide stormwater inspection services, and demolition inspection, testing and monitoring services; requests Council authorization for the City Manager to execute Task Order amendments with Interwest Consulting for continued IT services and move services for the Civic Center project; requests Council to authorize the City Attorney to review and the City Manager execute a Consent Agreement and a Exchange in real Property Interest Agreement with SFPUC.   


17. COUNCIL REPORTS/COMMENTS

18. FUTURE AGENDA ITEMS

19.   PUBLIC COMMENTS

20. 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)