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 AGENDA
        Town of Atherton
      City Council
      July 20, 2022

     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 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.

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

6:00 P.M. REGULAR AGENDA

1.     PLEDGE OF ALLEGIANCE

2.    ROLL CALL - Hawkins-Manuelian, Polito, Lewis, Vice Mayor Widmer, Mayor DeGolia                    

3.    PRESENTATION 

•    Annual Park & Recreation Committee Report

•    Proclamation for Pride Month

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.    REPORT OUT OF CLOSED SESSION - None

6.    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 7 - 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.)

7.    APPROVAL OF BILLS AND CLAIMS FOR JUNE 2022 IN THE AMOUNT OF   $ 2,452,489.

    Report: Finance Director, Robert Barron III

    Recommendation: Approve Bills and Claims for June 2022 in the amount of $ 2,452,489.

8.    APPROVAL OF MINUTES

    Report: City Clerk, Anthony Suber

    Recommendation: Approve minutes from May 18, May 24, and June 15. 

9.    ADOPT A RESOLUTION DESIGNATING A VOTING DELEGATE AND UP TO TWO ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERNECE, SEPTEMBER 7 - 9, 2022

    Report: City Clerk, Anthony Suber

    Recommendation: Adopt Resolution 22-XX designating a voting delegate and up to two alternatives to the League of California Cities Annual Conference, September 7 – 9, 2022.

10.    ADOPTION OF A MUNCIPAL CODE AMENDMENTS TO CHAPTER 17.50 “LANDSCAPE SCREENING” OF THE ATHERTON MUNICIPAL CODE (AMC)  

    Report: City Manager, George Rodericks

Recommendation: Staff recommends that the City Council conduct the public hearing and adopt Municipal Code amendments to Chapter 17.50 to be titled “Landscape Screening” 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 enhance the existing Landscape Screening Ordinance proposed to address the Land Use Element Goal LU-1: “To preserve the Town’s character as a scenic, semi-rural, thickly-wooded residential area with abundant open space.”, Policy LU-1.8, “Maximize preservation of heritage trees and existing trees within a development site to the greatest degree feasible, consistent with the Heritage Tree Ordinance and Tree Preservation Standards and Specifications. Require new development to comply with the Town’s requirements for tree protection, removal, and replacement.” and Open Space and Conservation (OSC) Policy OSC-2.2: “Wherever possible, drought tolerant native species trees shall be used for new and replacement planting and be tolerant of seasonal water inundation where used in or adjacent to green infrastructure facilities”

11.    WAIVE THE FINAL READING AND ADOPT ORDINANCE NO. 653, AS REQUIRED BY ASSEMBLY BILL 481 LAW ENFORCEMENT AND STATE AGENCIES: MILITARY EQUIPMENT FUNDING, ACQUISITION, AND USE

    Report: Chief of Police, Steve McCulley

    Recommendation: Staff recommends that the City Council waive the final reading by substitution of the title and adopt Ordinance No. 653, “military equipment use policy and approving the use, acquisition, collaboration, and seeking of funding for military equipment,” as required by California Government Code § 7071 (a)(1) per Assembly Bill (AB) 481.

12.    APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR GENERAL PUBLIC WORKS SUPPORT SERVICES

    Report: Public Works Director, Robert Ovadia

    Recommendation: The City Council approve a master professional services agreement with Willdan Engineering for general Public Works support services; Authorize the City Attorney to prepare the agreement; authorize the City Manager to sign the agreement and execute individual task orders.

    Description: This item involves Council discussions and potential approval of a professional services agreement with Willdan Engineering for general Public Works Support services.

13.    KNOX PLAYSCHOOL LEASE AMENDMENT TO EXTEND THE LEASE AND CONTINUE THE CURRENT RENTAL RATE FOR THE SEPTEMBER 1, 2022 THROUGH AUGUST 31, 2023 PERIOD

    Report: Public Works Director, Robert Ovadia

    Recommendation: Approve an amendment to the current lease with Knox Playschools, Inc., extending the lease and consideration of continuation of the reduced payable rent amount for the September 1, 2022, through August 31, 2023, term.

Description: This item involves Council discussions of an amendment to the existing Lease agreement with Knox Playschools. The proposed Lease Amendment includes the extension of the lease and maintaining the current rental rate based on the monthly enrollment.

14.    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.

15.    ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE HOLBROOK-PALMER TENNIS COURT OVERLAY PROJECT – THREE COURTS (4, 5 AND 6)

    Report: Public Works Director, Robert Ovadia

    Recommendation: Accept work and authorize recording of a Notice of Completion for the Holbrook-Palmer Park Tennis Court Overlay Project for courts 4, 5 and 6 Project, Number 56102.

    Description: This item involves the acceptance of work completed under the Holbrook-Palmer Park Tennis Court Overlay Project (Courts 4, 5 &6) by Savino Company, Inc. and authorization to file the Notice of Completion with the San Mateo County Recorder’s Office.

16.    AWARD OF CONTRACT FOR THE OVERLAY OF TWO TENNIS COURTS AT HOLBROOK-PALMER PARK

    Report: Public Works Director, Robert Ovadia

    Recommendation: Award a construction contract for Tennis Court Overlay at Holbrook-Palmer Park to the lowest responsive bidder, Saviano Company, Inc. of San Jose for $82,000.00 and authorize change orders up to 10%; 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 consideration of the award of a construction contract for the overlay of two tennis courts at Holbrook-Palmer Park to Saviano Company, Inc. of San Jose in the amount of $82,000 and authorize change orders up to 10%.

17.    APPROVAL OF A TREE MAINTENACE SERVICES AGREEMENT; DIRECT THE CITY ATTORNEY TO PREPARE THE AGREEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN  

    Report: Public Works Director, Robert Ovadia

    Recommendation: Approve an agreement with West Coast Arborist, Inc. for Tree Maintenance Services for the Town of Atherton; direct the City Attorney to prepare the agreement; and authorize the City Manager to execute the agreement on behalf of the Town.

    Description: This item involves Council discussions and potential approval of a Tree Maintenance services agreement with West Coast Arborists, Inc.

18.    ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE 2022 SPRING PATCHING PROJECT, PROJECT NUMBER 56099

    Report: Public Works Director, Robert Ovadia

    Recommendation: Accept work and authorize recording of a Notice of Completion for the 2022 Spring Patching Project, Number 56099.

    Description: This item involves the acceptance of work completed under the 2022 Spring Patching Project by G. Bortolotto & Co. and authorization to file the Notice of Completion with the San Mateo County Recorder’s Office.

REGULAR AGENDA (Items 19 – 22)

19.    DISCUSS HOUSING ELEMENT UPDATE AND PUBLIC COMMENTS AND PROVIDE DIRECTION TO STAFF

    Report: City Manager, George Rodericks

    Recommendation: Review the Draft Housing Element update and public comments and provide comments to staff. No action at this time.

    Description: This item involves Council review and discussion of public comments regarding the Housing Element Update, no action will be taken. 

Public Comments Compiled - REDACTED

20. ADOPTION OF A RESOLUTION TO CONSOLIDATE AND CALL THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION AND CONTRACT WITH THE CHIEF ELECTIONS OFFICE FOR ELECTION SERVICES

Report: City Clerk, Anthony Suber  

Recommendation: 

1. Adopt a Resolution calling and ordering a Tuesday, November 8, 2022, General Municipal Election for the Town of Atherton, for the purpose of electing two members to the City Council; and 
2. Authorizing the City Manager to enter into a service agreement with San Mateo County’s Chief Election Officer to conduct the election; and 
3. Requesting the Board of Supervisors of the County of San Mateo to consolidate a Municipal Election to be held on November 8, 2022, with the Statewide General Election held on that date pursuant to Section 10403 of the Election Code. 

Description: This item will involve a Council discussion to adopt a Resolution to call the November 8, 2022, Election and contract with the San Mateo County Elections Office for Election services.

21.     AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR INTERIM CONSULTING PLANNING SERVICES

    Report: City Manager, George Rodericks

Recommendation: Award of a Professional Services Agreement for Interim Consulting Planning Services to M-Group; direct the City Attorney to prepare the Agreement; and authorize the City Manager to execute the Agreement on behalf of the Town.

Description: This item involves the consideration of the award of professional services for consulting planning services through the preparation of the agreement through the City Attorney and execution through the City Manager. 

22.    APPROVE THE CREATION OF THE MANAGEMENT ANALYST I/II AND RECEPTIONIST/CLERK POSITIONS AND ESTABLISH SALARY RANGES FOR SAID POSITIONS

    Report: City Manager, George Rodericks and City Clerk, Anthony Suber    

    Recommendation: It is recommended that the City Council adopt the attached resolution approving the new job classifications of Management Analyst I/II and Receptionist/Clerk and set the respective salary ranges for both positions.

    Description: This item will involve a Council discussion and approval of resolution to add two (2) new job classifications of Management Analyst I/II and Receptionist/Clerk and set salary ranges for both positions. 

23.    COUNCIL REPORTS/COMMENTS     

24.    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)