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 AGENDA
Town of Atherton
City Council
April 20, 2022
CLOSED SESSION @ 5:00 P.M. REGULAR AGENDA @ 6:00 P.M. This is meeting is held virtually and in-person at the Council Chambers 80 Fair Oaks Lane Atherton, CA 94027
This is meeting is held virtually and in-person at the Council Chambers located on 80 Fair Oaks Lane Atherton, CA 94027. This meeting is being held via teleconference pursuant to Government Code section 54953(e) and in compliance with the Brown Act. Section 54953(e) permits the Town to hold a meeting during a proclaimed state of emergency via teleconference in order to determine whether as a result of the emergency meeting in person would present an imminent risk to attendees' health or safety. The public may participate in the City Council Meeting via Zoom Meeting or by attending in-person in the Council Chambers at 80 Fair Oaks Lane Atherton, CA 94027.
For a live meeting broadcast you can watch the Council meeting on: Comcast Subscribers Channel 29 or via Midpen Media website here: https://midpenmedia.org/local-tv/watch-now/. The public may participate via: Zoom Meeting.
Join Zoom Meeting:
One tap mobile +16699006833,,506897786# US (San Jose) Dial by your location +1 669 900 6833 US (San Jose) Meeting ID: 506 897 786 Weblink: https://zoom.us/j/506897786 | Remote Public Comments:
Meeting participants are encouraged to submit public comments in writing in advance of the meeting. The following email and text line will be monitored during the meeting and public comments received will be read into the record.
Text: 650-687-7084 |
This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action. 5:00 P.M. CLOSED SESSION CLOSED SESSION IN ADMINISTRATIVE CONFERENCE ROOM 1011 ROLL CALL - Hawkins-Manuelian, Polito, Lewis, Vice Mayor Widmer, Mayor DeGolia PUBLIC COMMENTS - Public Announcement of Closed Session Items A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 Title: City Attorney B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 Title: City Manager 6:00 P.M. REGULAR AGENDA 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL - Hawkins-Manuelian, Polito, Lewis, Vice Mayor Widmer, Mayor DeGolia 3. PRESENTATION – • National Poetry Month • Police Officer Proclamation 4. PUBLIC COMMENTS – Public comments can be made by teleconference or emailed directly to the City Clerk, Anthony Suber at asuber@ci.atherton.ca.us or by text at 650-687-7084 (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. CITY MANAGER’S WRITTEN REPORT 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.
CONSENT CALENDAR (Items 6 - 11) (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.)
6. APPROVAL OF BILLS AND CLAIMS FOR MARCH 2022 IN THE AMOUNT OF $ 2,338,442 Report: Finance Director, Robert Barron III Recommendation: Approve Bills and Claims for March 2022 in the amount of $ 2,338,442.
7. APPROVAL OF MINUTES Report: City Clerk, Anthony Suber Recommendation: Approve minutes from February 16, 24, March 2, 16, April 5, 6, 2022. 8. WAIVE THE FINAL READING AND ADOPT AN ORDINANCE REPEALING CHAPTER 8.56 OF THE ATHERTON MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 8.56 REGULATING DISPOSABLE FOOD SERVICE WARE BY FOOD FACILITIES TO ALIGN WITH NEW STATE LAWS Report: City Manager, George Rodericks Recommendation: Staff recommends that the City Council waiver the final reading by substation of the title and adopt the Ordinance repealing a Municipal Code Ordinance regulating Disposable Food Service Ware under Chapter 8.56 of the Atherton Municipal Code.
9. RECOMMEND AND APPROVE A $5 MILLION ADDITIONAL DISCRETIONARY PAYMENT (ADP) ALLOCATION TO CALPERS PENSION TOWARDS THE TOWN’S PUBLIC SAFETY CLASSIC PLAN UNFUNDED ACCRUED LIABILITY (UAL); ADOPT THE ATTACHED RESOLUTION AUTHORIZING THE CONTRIBUTION TOWARD PENSION LIABILITIES Report: Finance Director, Robert Barron III Recommendation: Approve a $5 million Additional Discretionary Payment (ADP) towards the Town’s Public Safety Classic plan unfunded accrued liability and adopt the attached resolution authorizing the contribution toward pension liabilities. Description: This item involves recommendation to approve $5 million additional discretionary payment allocation to CalPERS pension towards the Town’s Public Safety Classic Plan Unfunded Accrued Liability. Discussion to include ensuring the paying down of long-term pension liabilities and the long-term savings in making contributions to unfunded accrued liabilities.
10. AWARD OF CONTRACT FOR THE 2022 SPRING PATCHING PROJECT, PROJECT NUMBER 56099 Report: Public Works Director, Robert Ovadia Recommendation: Award the construction contract for 2022 Spring Patching Project, project number 56099 to the lowest responsive bidder, G. Bortolotto & Co. of San Carlos for $271,950 and authorize change orders up to $27,000; direct the City Attorney to prepare the contract; and authorize the City Manager to execute the contract on behalf of the Town. Description: This item involves the discussion of bids received and award of a construction contract for the 2022 spring street patching project to G. Bortolotto & Co., Inc. of San Carlos in the amount of $271,950 and authorize change orders up to $27,000.
11. CERTIFICATION OF CONTINUING EMERGENCY; MAKE SUCH FINDINGS AS REQUIRED UNDER GOVERNMENT CODE SECTION 54953(E)(3); AND RATIFY SUCH RULES AND REGULATIONS ENACTED BY THE DIRECTOR OF EMERGENCY SERVICES IN RESPONSE TO COVID-19 Report: City Manager, George Rodericks Recommendation: It is recommended that the Council –
1) Certify the continuing emergency and ratify such rules and regulations enacted by the Director of Emergency Services in response to COVID-19; and 2) Make such findings as required under Government Code Section 54953(e)(3) to meet remotely to ensure the continued health and safety of the public.
PUBLIC HEARING (Item 12) 12. INTRODUCTION OF A MUNCIPAL CODE AMENDMENT ESTABLISHING REGULATIONS FOR “HISTORIC BUILDING PRESERVATION” UNDER CHAPTER 8.15 OF THE ATHERTON MUNICIPAL CODE. Report: Stephanie B. Davis, AICP, Principal Planner Recommendation: Staff recommends that the City Council conduct the public hearing and introduce an Municipal Code amendment to establish regulations for historic building preservation under Chapter 8.15 to be titled “Historic Building Preservation” based on the following finding and for the reasons outlined in this report:
1. The proposed municipal code text amendments are consistent with the general plan goals, policies, and implementation programs.
Basis for finding: The proposed Municipal Code amendments allow the Town to create a regulations pertaining to protection and preservation of historical buildings which address the Open Space and Conservation (OSC) Policy 4.1 of the General Plan to “Encourage the preservation of both private and public historical resources and artifacts for the benefit of future generations” as well as supporting implementation of Goal OSC-4 of the General Plan to, “Protect both publicly and privately held cultural resources from deterioration and/or destruction.” Description: This item will involve Council discussion and potential approval and introduction of an Ordinance that would establish regulations pertaining to historic building preservation. If approved this item will return for adoption at the May 2022 Council meeting.
REGULAR AGENDA (Items 13 – 19) 13. APPROVE A SERVICES AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES AT TOWN FACILITIES Report: Public Works Director, Robert Ovadia Recommendation: The City Council approve a Services Agreement with Brightview Landscape Services, Inc. for landscape maintenance services related to Town facilities including Holbrook-Palmer Park and the Atherton Town Center, in the amount of $238,375 (year 1), escalating to $263,249 (year 3); Authorize the City Attorney to prepare the agreement; Authorize the City Manager to sign the agreement on behalf of the Town; and authorize the City Manager to approve additional services up to $75,000 annually. Description: This item involves the discussion and potential approval of a Landscape Maintenance Services Contract with Brightview Landscape Services, Inc. for landscape maintenance services associated with the Atherton Town Center and Holbrook-Palmer Park.
14. APPROVE THE PARK AND RECREATION OUTDOOR FACILITIES MEMORIAL AND DONATION POLICY FOR HOLBROOK-PALMER PARK AND CONSIDERATION OF THE POLICY TO INCLUDE THE TOWN CENTER Report: Public Works Director, Robert Ovadia Recommendation: Approve the Park and Recreation Outdoor Facilities Memorial and Donation Policy for Holbrook Palmer Park and consideration of the policy to include the Town Center. Description: This item involves the discussion and potential approval of a policy related to memorial and other donations for outdoor facilities in the Town.
15. REVIEW AND PROVIDE FEEDBACK ON PROPOSED CHANGES TO FEES AND CHARGES RELATED TO RENTAL FEES AT HOLBROOK PALMER PARK Report: Public Works Director, Robert Ovadia Recommendation: The City Council review and provide feedback on proposed schedule, fees and charges related to rentals at Holbrook Palmer Park. Description: This item involves the discussion and feedback regarding proposed Holbrook-Palmer Park Facility Rental Fees and policies.
16. CONSIDERATION OF BUDGET FOR TOWN CENTER GRAND OPENING CELEBRATION – JUNE 4, 2022 Report: City Manager, George Rodericks Recommendation: Review tentative planning and approve a preliminary budget for the Grand Opening of the new Town Center. Description: This item will involve a Council discussion related to funding an event for the Town Center Grand Opening.
17. LEASE AGREEMENT FOR THE OPERATION AND MAINTENANCE OF THE PROPOSED LIBRARY CAFÉ Report: Public Works Director, Robert Ovadia Recommendation: The City Council approve a Lease Agreement with Mademoiselle Colette, Inc. for the operation and maintenance of the café proposed at the Library in the Historic Town Hall; authorize the City Attorney to prepare the lease agreement; and authorize the City Manager to execute the agreement. Description: This item involves the discussion and potential approval of a Lease Agreement with Mademoiselle Colette to operate the proposed Café in the Historic Town Hall at the Atherton Library. 18. COUNCIL REPORTS/COMMENTS 19. 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)
TELECONFERENCING AND COVID-19 NOTICE: The Council is required (1) to post notice and agendas as otherwise provided by the Brown Act and applicable law, (2) allow members of the public to access the meeting via call-in line or internet-based service line, (3) provide details on the agenda on how to access the meeting and give public comment, (4) provide an opportunity to comment pursuant to Government Code section 54954.3 and allow a reasonable amount of time during public comment for a person to register, login, and comment, and (5) monitor the call-in line and/or internet-based service line to ensure no disruption hinders access or ability to comment, if there is, take no action until public access is restored. The Town is not required to provide a location to attend in-person. The Governor proclaimed a state of emergency due to the COVID-19 virus pandemic on March 4, 2020. The proclamation remains active and applies statewide. The Council is meeting pursuant to Section 54953(e)(1)(B) to determine if the emergency conditions pose a threat to attendees' health and safety, warranting teleconference meetings. The Council is complying with other public access and participation obligations, as required and to ensure that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business.
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)
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