6:00 P.M. CLOSED SESSION

CLOSED SESSION IN ZOOM MEETING SPACE

ROLL CALL - Wiest, Widmer, Lempres, Vice Mayor Lewis, Mayor DeGolia

PUBLIC COMMENTS - Public Announcement of Closed Session Items

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (one potential case)

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

• Retired K-9 Qancy
• Norma Fogelberg, A.D.A.P.T Member 

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. REPORT OUT OF CLOSED SESSION by City Attorney, Mona Ebrahimi

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 – 15)
(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 MINUTES
Report: City Clerk, Anthony Suber
Recommendation: Approve minutes from July 15, July 27, and September 2

8. APPROVAL OF BILLS AND CLAIMS FOR JULY IN THE AMOUNT OF $ 4,914,756 AND AUGUST IN THE AMOUNT OF $ 3,427,022
Report: Finance Director, Robert Barron III
Recommendation: Approve Bills and Claims for July in the amount of $ 4,914,756 and August in the amount of $ 3,427,022

9. ADOPT A RESOLUTION DESIGNATING A VOTING DELEGATE AND UP TO TWO ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, OCTOBER 7-9, 2020 – BEING HELD VIRTUALLY
Report: City Clerk, Anthony Suber
Recommendation: Adopt Resolution 20-XX designating a voting delegate and up to two alternatives to the League of California Cities Annual Conference, October 7-9, 2020 – being held virtually. 

10. ADOPTION OF RESOLUTION ACCEPTING EXPENDITURES FOR BALANCE OF FISCAL YEAR 2020-2021 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF), CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) GRANT
Report: Chief of Police, Steve McCulley
Recommendation: Adopt the attached resolution accepting the recommended expenditures of the remaining balance of FY 2020-2021 Supplemental Law Enforcement Services Fund (SLESF), Citizen’s Option for Public Safety (COPS) Grant in the amount of $100,000 in accordance with California state requirements
Description: Adopt the attached resolution accepting the recommended expenditures of the remaining balance of FY 2020-2021 Supplemental Law Enforcement Services Fund (SLESF), Citizen’s Option for Public Safety (COPS) Grant in the amount of $100,000 in accordance with California state requirements.

11. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE 2020 STREET PATCHING PROJECT, PROJRCT NUMBER 56092
Report: Public Works Director, Robert Ovadia
Recommendation: Accept work and authorize recording of a Notice of Completion for the 2020 Street Patching Project, Number 56092.
Description: This item involves the acceptance of work completed under the 2020 Street Patching Project by G. Bortolotto & Company and authorization to file the Notice of Completion with the San Mateo County Recorder’s Office.

12. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD NOTICE OF COMPLETION FOR THE 2020 OVERLAY PROJECT, PROJECT NUMBER 56093
Report: Public Works Director, Robert Ovadia
Recommendation: Accept work and authorize recording of a Notice of Completion for the 2020 Overlay Project, Number 56093.
Description: This item involves the acceptance of work completed under the 2020 Street Overlay Project by O’Grady Paving, Inc. and authorization to file the Notice of Completion with the San Mateo County Recorder’s Office. 

13. ADOPT A RESOLUTION APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS
Report: Public Works Director, Robert Ovadia
Recommendation: Adopt a Resolution approving application(s) for Per Capita grant funds.
Description: This item involves the consideration of a resolution authorizing the submittal of grant applications to the State of California Natural Resources Agency Department of Parks and Recreation Office of Grants and Local Services (OGALS) for local park rehabilitation, creation, and improvement. 

14. CERTIFICATION OF CONTINUING EMERGENCY AND RATIFICATION OF 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 certify the continuing emergency and ratify such rules and regulations enacted by the Director of Emergency Services in response to COVID-19. 

15. ACCEPTANCE OF TREASURER’S REPORT FOR THE FOURTH QUARTER ENDED JUNE 30, 2020
Report: Finance Director, Robert Barron III
Recommendation: Accept the Treasurer’s Report for the fourth Quarter Ended June 30, 2020.


PUBLIC HEARING (Item 16)

16. INTRODUCTION OF MUNICIPAL CODE ORDINANCE AMENDMENTS TO ATHERTON MUNICIPAL CODE CHAPTERS 17.52 ACCESSORY DWELLING UNITS AND CHAPTER 17.60 DEFINITIONS
Report: AICP Principal Planner, Stephanie B. Davis
Recommendation: Introduce Municipal Code Ordinance amendments to Chapter 17.52 “Accessory Dwelling Units” and Chapter 17.60 “Definitions” of the Atherton Municipal Code.
Description: This item is requesting Council consideration of amendments to the Accessory Dwelling Unit Ordinance and Definitions Ordinance to demonstrate minimum compliance with State housing legislature.

• ITEM 16 - ADU Presentation 

REGULAR AGENDA (Items 17-25)

17. DIRECTION REGARDING TOWN PARTICIPATION IN THE HEROES PROJECT
Report: City Manager, George Rodericks
Recommendation: Provide direction regarding the Town’s participation in the HEROES Project.
Description: This item involves a discussion of the Town’s participation in a local community recognition project sponsored by the City of Menlo Park. The program recognizes local residents that have performed acts of kindness during the COVID-19 Pandemic. Discussion by the Council will involve the level of Town participation, if any, in the Project.

18. DIRECTION TO STAFF REGARDING NEXT STEPS ON WITHDRAWAL FROM THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY (SBWMA)
Report: City Manager, George Rodericks
Recommendation: Review, discuss and provide direction to staff regarding next steps on withdrawal from the SBWMA.
Description: This item involves discussion and direction regarding the Town’s refuse services franchise. The Council will discuss the pros and cons of changing from Recology/SBWMA to Greenwaste Recovery for its refuse services and the cost models of both.

• Correspondence Received - 9.11.2020 
• Public Comment - Received 9.16.2020 
• Public Comment - Received 9.16.2020

19. AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR THE OPERATION AND MAINTENANCE OF THE PROPOSED LIBRARY CAFÉ
Report: Public Works Director, Robert Ovadia
Recommendation: Review and approve the attached Request for Proposals (RFP) for the operation and maintenance of the café proposed at the Library in the Historic Town Hall and authorize its distribution.
Description: This item involves discussion by the Council of a Request for Proposals (RFP) for the operation and maintenance of a café at the Historic Town Hall in the new Atherton Library. The Council may discuss the type of vendor desired, lease terms and other vendor requirements to be included in the RFP. The Council could also discuss the process for vendor selection and authorize the release of the RFP.

20. DIRECTION ON MILLION-DOLLAR DONOR NAMING REQUESTS
Report: City Manager, George Rodericks
Recommendation: Provide direction regarding naming requests from the million-dollar donors.
Description: This item involves discussion and direction regarding naming requests from the million-dollar donors. 

21. DIRECTION REGARDING REVISIONS TO THE CITY COUNCIL HANDBOOK AND RULES OF PROCEDURE
Report: City Manager, George Rodericks
Recommendation: Provide direction to staff regarding revisions to the City Council Handbook and Rules of Procedure.
Description: This item involves a discussion of the City Council Handbook and Procedures Manual. The Council will discuss and may make recommendations for changes to various policies and procedures that affect the Council administrative operations. 

22. TOWN CENTER PROJECT UPDATE: AUTHORIZE THE CITY ATTORNEY TO PREPARE AND THE CITY MANAGER TO EXECUTE AN AGREEMENT ADMENDMENT WITH WRNS STUDIO FOR ADDITIONAL CONSTRUCTION ADMINISTRATION FUNDING; AUTHORIZE THE CITY ATTORNEY TO PREPARE AND THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT WITH S.J. AMOROSO CONSTRUCTION COMPANY INC., AND APPROVE THE PRELIMINARY FUTURE FOUNTAIN DESIGN OPTIONS AND LOCATIONS
Report: Interwest Consulting Group Project Manager, Marty Hanneman
Recommendation:
1. Receive and file the Town Center project update; and

2. Authorize the City Attorney to prepare and the City Manager to execute an Agreement amendment with WRNS Studio for additional Construction Administration funding in the amount of $367,900; and 


3. Authorize the City Attorney to prepare and the City Manager to execute a Settlement Agreement with S.J. Amoroso Construction Company Inc.; and

4. Approve the preliminary future fountain design options and locations.

Description: This report provides a Town Center project progress update, recommends the City Council authorize the City Attorney to prepare and City Manager to execute an Agreement amendment with WRNS Studio, and recommends the City Council authorize the City Attorney to prepare and City Manager to execute a Settlement Agreement with S.J. Amoroso.


23. COUNCIL REPORTS/COMMENTS

24. PUBLIC COMMENTS

25. ADJOURN 

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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)