This meeting is compliant with the Governors Executive Order N-25-20 issued on March 4, 2020, and Executive Order N-29-20 issued on March 17, 2020, allowing for deviation of teleconference rules required by the Brown Act. The purpose of this is to provide the safest environment for staff and the public while allowing for public participation. The meeting will be held by tele or video conferencing. The public may participate via: Zoom Meeting.
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Email: asuber@ci.atherton.ca.us
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5:30 P.M. CLOSED SESSION
CLOSED SESSION IN PRIVATE ZOOM MEETING
ROLL CALL - Wiest, Widmer, Lempres, Vice Mayor Lewis, Mayor DeGolia
PUBLIC COMMENTS -
Public Announcement of Closed Session Items
5:30 P.M. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957
Title: City Manager
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code
Section 54957
Title: City Attorney
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Pursuant to Government Code Section 54956.9 (d)(4) (two case)
D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Pursuant to Government Code Section 54956.9 (Chan, et al. v. Town of Atherton et al. San Mateo County Superior Court Case No. 19CIV07567).
7:00 P.M. REGULAR MEETING–
Convene as the City Council
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL - Wiest, Widmer, Lempres, Vice Mayor Lewis, Mayor DeGolia
3. PRESENTATIONS
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Managed Accountability and Productivity Presentation from Atherton Police Department
4. PUBLIC COMMENTS – Public Comments can be teleconferenced 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 AND CERTIFICATION OF CONTINUING EMERGENCY AND RATIFICATION OF SUCH RULES AND REGULATIONS ENACTED BY THE DIRECTOR OF EMERGENCY SERVICES IN RESPONSE TO COVID-19; AND CONSIDERATION OF APPROVAL OF LEASE WAIVER FOR PLAYER CAPITAL TENNIS
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.
Recommendation: It is recommended that the City Council certify the continuing emergency, and ratify such rules and regulations enacted by the Director of Emergency Services in response to COVID-19. It is recommended that the City Council consider the approval of lease waiver for Player Capital Tennis.
Description: The item includes a written report to certify the continuing emergency, and ratify such rules and regulations enacted by the Director or Emergency Services in response to COVID-19. The Council will also consider a lease waiver for Player Capital Tennis due to financial hardship caused by COVID-19. The Council may provide specific direction or comment regarding such rules and regulations.
CONSENT CALENDAR (Items 6 - 14)
(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 MINUTES
Report: City Clerk, Anthony Suber
Recommendation: Approve minutes from April 8, April 15, April 17, April 22, April 29, and May 6 meetings.
7. APPROVAL OF BILLS AND CLAIMS FOR APRIL IN THE AMOUNT OF $ 2,638,942
Report: Finance Director, Robert Barron III
Recommendation: Approve Bills and Claims for April in the total amount of $ 2,638,942.
8. RESOLUTION TO AUTHORIZE THE APPLICATION FOR, AND RECEIPT OF, FUNDS FOR THE LOCAL EARLY ACTION PLANNING (LEAP) GRANT FROM THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
Report: AICP Principal Planner, Stephanie B. Davis
Recommendation: Adopt the attached Resolution authorizing the application for, and receipt of, funds for the Local Early Action Planning (LEAP) Grant from the State of California Housing and Community Development Department (HCD).
Description: This item is requesting Council approval for staff to submit an application to the State Housing and Community Development (HCD) Department for a Local Early Action Planning (LEAP) grant that would provide the Town up to $65,000 in funds to update Town planning documents (Housing Element) related to housing production.
9. WAIVE THE FINAL READING AND ADOPT ORDINANCE NO. 644, A PROPOSED AMENDMENT TO CHAPTER 2, AUTHORIZING THE CITY MANAGER AND OTHER DESIGNATED TOWN OFFICIALS TO EXECUTE CONTRACTS
Report: Finance Director, Robert Barron III
Recommendation: Waive the final reading and adopt Ordinance No. 644, an Ordinance of the City Council of the Town of Atherton Amending Title 2, adding chapter 2.61 relating to authority to execute contracts, authorizing the City Manager and other designated Town officials to execute contracts.
Description: This item includes waiving the final reading and adopt the attached Ordinance of the City Council of the Town of Atherton Amending Title 2, adding chapter 2.61 relating to authority to execute contracts, authorizing the City Manager and other designated Town officials to execute contracts. This item discusses that once the decision to initiate the sale of the COPs (Certificates of Participation) is made, signatures will be required on the necessary financing documents. The attached Ordinance allows for the City Manager to sign these documents. This Ordinance is consistent with current practice via the Town’s existing Ordinances. The Ordinance codifies the signature authorities into one Chapter of the Municipal Code.
10. APPROVAL OF CONFLICT WAIVER FOR CIVIC CENTER COPS/FINANCING
Report: City Attorney, Mona G. Ebrahimi
Recommendation: Ratify and approve the City Manager's authorization to allow Kronick Moskovitz Tiedemann & Girard (Kronick) to provide legal counsel as the City Attorney to the Town while other attorneys at the firm advise the private lender, Capitol One Public Funding, LLC (Capitol One).
Description: This item will involve a discussion and request for Council to ratify the conflict waiver signed by the City Manager to allow Kronick, Moskovitz, Tiedmann & Girard to provide legal counsel as the City Attorney to the Town while other attorneys at Kronick advise the private lender, Capital One Public Funding throughout the Town’s Certificate of Participation financing process.
11. ACCEPTANCE OF TREASURER’S REPORT FOR THE THIRD QUARTER ENDED MARCH 31, 2020
Report: Finance Director, Robert Barron III
Recommendation: Accept the Treasurer’s Report for the third Quarter Ended March 31, 2020.
Description: Accept the Treasurer’s Report for the Third Quarter Ended March 31, 2020.
12. CREATION OF COUNTY MEASURE W TRANSPORTATION FUND
Report: Finance Director, Robert Barron III
Recommendation: Authorize the creation of County Measure W transportation fund.
Description: This is the creation of a new special revenue fund for the new County Measure W transportation sales tax revenue for the purpose of streets and road maintenance funding.
13. AWARD OF CONTRACT FOR THE 2020 OVERLAY PROJECT, PROJECT NUMBER 56093
Report: Public Works Director, Robert Ovadia
Recommendation: Award the construction contract for 2020 Overlay Project, project number 56093 to the lowest responsive bidder, O’Grady Grading and Paving of Mountain View for $285,975 and authorize change orders up to $40,000; 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 2020 Overlay project to O’Grady Paving, Inc. of Mountain View in the amount of $285,975 and authorize change orders up to $40,000.
14. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE MIDDLEFIELD ROAD CLASS II BICYCLE LANES IMPROVEMENTS, PROJECT NUMBER 56081
Report: Public Works Director, Robert Ovadia
Recommendation: Accept work and authorize recording of a Notice of Completion for the Middlefield Road Class II Bicycle Lanes Improvements, Project Number 56081.
Description: Accept work and authorize recording of a Notice of Completion for the Middlefield Road Class II Bicycle Lanes Improvements, Project 56081.
PUBLIC HEARING (Item 15)
15. INTRODUCTION OF A MUNICIPAL CODE ORDINANCE AMENDMENT ESTABLISHING REGULATIONS FOR DISPOSABLE FOOD SERVICE WARE UNDER CHAPTER 8.56 OF THE ATHERTON MUNICIPAL CODE.
Report: City Manager, George Rodericks
Recommendation: Introduce a Municipal Code Ordinance amendment establishing regulations for Disposable Food Service Ware under Chapter 8.56 of the Atherton Municipal Code.
Description: This item is requesting Council consideration of the adoption of a new Ordinance within the Municipal Code that would regulate food facilities within the Town to use compostable, recyclable, or reusable food ware products versus single use food ware products as part of a joint county wide effort.
REGULAR AGENDA (Items 16 - 21)
16. PARK AND RECREATION COMMITTEE APPOINTMENT(S)
Report: City Clerk, Anthony Suber
Recommendation: Review the applicants for the Town’s Park and Recreation Committee and select applicant(s) to fill vacancy(ies) on the Committee.
Description: This item involves Council discussion of applicants for Town Committees with vacancies. Council may opt to make appointments or continue recruitment.
17. REVIEW AND DISCUSS THE CASH FLOW FOR THE TOWN CENTER PROJECT
Report: Finance Director, Robert Barron III
Recommendation: Review and discuss the Cash Flow for the Town Center Project.
Description: This item will review and discuss the Cash Flow and Finance Plan for the Town Center. Discussion will also include the financial process timeline for the issuance of 2020 COPs and the amount of proceeds the Town is seeking for the cash flow funding for the project. It could also include discussion of fundraising donation naming opportunities that may contribute toward future payments of annual debt service.
18. ACCEPTANCE OF DONATION NAMING REQUESTS
Report: City Manager, George Rodericks
Recommendation: Consider acceptance of the naming requests from the specified donors.
Description: This item involves the discussion and acceptance of the naming requests and donations for the Town Center Project from specified donors
19. AUTHORIZATION OF THE EXECUTION, DELIVERY OF A LEASE AGREEMENT AND SITE LEASE TO FINANCE THE TOWN CENTER PROJECT, APPROVAL OF RELATED DOCUMENTS AND ACTIONS, AND APPROVAL OF PROFESSIONAL SERVICES WITH JONES HALL
Report: Finance Director, Robert Barron III
Recommendation: Adopt a Resolution of the City Council of the Town of Atherton authorizing the execution, delivery of a Lease Agreement and Site Lease to finance the Town Center Project, approving related documents and actions, and approving professional services with Jones Hall.
Description: Adopt a Resolution of the City Council of the Town of Atherton authorizing the execution, delivery of a Lease Agreement and Site Lease to finance the Town Center Project, approving related documents and actions, and approving professional services with Jones Hall. This items included the authorization for the Town to enter private placement Certificates of Participation Financing for cash flow purposes for the Civic Center construction project. Discussion may include the lease agreement, site agreement with Capital One Public Financing, and may also include discussion of debt service lease payments for the financing of the project cash flow. This item also discusses the approval of documents for site lease, the lease agreement, purchase term sheet, and placement agent agreement. Discussion may also include alternative public sale of Certificates of Participation, that will include potential discussion of Trust agreement and Preliminary office statements.
20. RECEIVE A REPORT, DISCUSS AND PROVIDE DIRECTION REGARDING THE PROPOSED PHOTOVOLTAIC AND MICRO-GRID SYSTEM FOR THE NEW ATHERTON TOWN CENTER
Report: Public Works Director, Robert Ovadia
Recommendation: Receive a report, discuss and provide direction regarding the proposed photovoltaic and micro-grid system for the new Atherton Town Center
Description: This item involves the discussion of the proposed photovoltaic (solar), battery energy storage/micro-grid system at the Atherton Town Center.
21. CIVIC CENTER PROJECT UPDATE
Report: Public Works Director, Robert Ovadia
Recommendation: None. This report is informational only.
22. COUNCIL REPORTS/COMMENTS
23. PUBLIC COMMENTS
24. ADJOURN