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 MEETING– Convene as the City Council

1.    PLEDGE OF ALLEGIANCE      

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

3.     PRESENTATIONS 

•    Recognition of Former Vice Mayor Michael Lempres

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 

    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 - 16)        

(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 SEPTEMBER 2021 IN THE AMOUNT OF $ 3,269,368

    Report: Finance Director, Robert Barron III

    Recommendation: Approve Bills and Claims for September 2021 in the amount of $ 3,269,368.

7.    APPROVAL OF MINUTES

    Report: City Clerk, Anthony Suber

    Recommendation: Approve minutes from September 15 and October 6, 2021.

8.    WAIVER THE FINAL READING AND SUBSTITION OF THE TITLE AND ADOPT AN ORDINANCE AMENDING ATHERTON MUNICIPAL CODE CHAPTER 2.08.010 “POSTING PLACES”

    Report: City Clerk, Anthony Suber

    Recommendation: It is recommended that the City Council waive the final reading by substitution of the title and adopt Ordinance 648 amending Atherton Municipal Code Chapter 2.08.010 “POSTING PLACES”.

    Description: This item is the final reading and adoption of an Ordinance to remove unused bulletin boards in Town and add a public bulletin board within Holbrook-Palmer Park.

9.    APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT WITH RENNE PUBLIC LAW GROUP, LLP FOR GRANT WRITING SERVICES

    Report: City Manager, George Rodericks

    Recommendation: Adopt Amendment No. 1 to the Agreement with Renne Public Law Group, LLP for the addition of grant writing services.

    Description: This item will involve Council discussion and staff is seeking approval for a contract amendment with Renne Public Law Group to provide grant writing services.

10.    APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT WITH REGIONAL GOVERNMENT SERVICES AUTHORITY FOR HUMAN RESOURCES SUPPORT SERVICES

    Report: City Manager, George Rodericks 

    Recommendation: Authorize Amendment No. 2 to the Agreement with Regional Government Services Authority (RGS) for additional human resources support services and authorize the City Manager to execute the Agreement on behalf of the Town.  

Description: This item will involve Council discussion and staff is seeking approval for a contract amendment with Regional Government Services Authority for human resources support services.

11.    APPROVE AN AMENDMENT TO INCLUDE THE TOWN CENTER FACILITIES AND PRICE ADJUSTMENT FOR JANITORIAL SERVICES WITH TONY’S CLEAN TEAM, LLC

    Report: Public Works Director, Robert Ovadia

    Recommendation: Authorize an amendment to include the new Town Center Facilities to Tony’s Clean Team, LLC contract for the continuation of Janitorial Services with not-to-exceed amount of $15,386 per month; direct the City Attorney to prepare the extension; and authorize the City Manager to execute the agreement.    

    Description: This item involves the discussion and approval to exercise an extension option and cost adjustment to the janitorial services contract with Tony’s Clean Team, LLC.  

12.    AUTHORIZE THE PURCHASE OF TWO (2) UNMARKED POLICE VEHICLES; AND DECLARE AS SURPLUS ONE UNMARKED POLICE VEHICLE

    Report: Chief of Police, Steve McCulley

    Recommendation: 

            1)    Authorize the purchase of two (2) unmarked 2022 Toyota Camry Hybrid vehicles for a total cost of $76,840.38, which includes sales tax, tire tax, license, emergency equipment, and installation costs.

            2)    Declare one (1) 2008 Ford Taurus unmarked police vehicle as surplus and authorize the sale via auction.

    Description: This item will involve Council discussion and staff is seeking Council authorization to purchased vehicles for use within the Police Department and authorization to sell an unused vehicle.

13.    APPROVAL OF THE CONSENT AND FIRST AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN THE TOWN AND GREENWASTE RECOVERY, INC. FOR COLLECTION AND PROCESSING OF WASTE, MIXED COMPOSTABLE MATERIALS, RECYCLABLE MATERIALS AND YARD TRIMMINGS APPROVING THE CHANGE OF CONTROL FROM GREENWASTE RECOVERY, INC. TO MIP V WASTE, LLC

    Report: City Manager, George Rodericks

    Recommendation: Staff recommends that the City Council approve the attached Consent and Amendment to consent to a change in control in response to MIP V Waste, LLC’s acquisition of Greenwaste.

    Description: This item involves approval of a change of control for Greenwaste Recovery for recapitalization of assets.

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) in order to meet remotely to ensure the continued health and safety of the public.

    Description: This item involves Council discussion and approval to certify the continuance of the emergency and ratify the rules enacted by the Director of Emergency services in response to COVID-19.

15.    ADOPTION OF RESOLUTION ACCEPTING EXPENDITURES FOR BALANCE OF FISCAL YEAR 2021-2022 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 2021-2022 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: This item will involve Council discussion and adoption of a resolution accepting the expenditures of FY 21/22 balances in the supplemental law enforcement services fund and COPS grant.

16.    ACCEPTANCE OF $30,645.22 DONATION IN SUPPORT OF POLICE DEPARTMENT TACTICAL MEDICAL PROGRAM WITH THE PURCHASE OF NEW MEDICAL EQUIPMENT, PROTECTIVE EQUIPMENT, AND INITIAL TRAINING

    Report: Chief of Police, Steve McCulley

    Recommendation: Acceptance of a $30,645.22 donation for the Police Department Tactical Medical Program.

    Description: This item involves the discussion and approval of The Tactical Medical Program provides training to police personnel to increase their medical knowledge and training. 

REGULAR AGENDA (Items 17 – 25)

17.    CITY COUNCIL SELECTION OF A VICE MAYOR  

    Report: Deputy City Manager/City Clerk, Anthony Suber

    Recommendation: In accordance with the City Council Handbook Section 3.6 and Atherton Municipal Code Section 2.04.030, selection of Vice Mayor.

    Description: This item will involve Council discussion and action to select a Vice Mayor to serve the unexpired term for calendar year 2021.

18.    CITY COUNCIL VACANCY APPOINTMENT PROCESS OR ELECTION PROCESS FOR THE CURRENT CITY COUNCIL VACANCY INCLUDING THE POSSIBILITY OF IMMEDIATE APPOINTMENT

    Report: Deputy City Manager/City Clerk, Anthony Suber

    Recommendation: Provide direction with respect to the current City Council vacancy in accordance Atherton Municipal Code Section 2.32.030 addressing options to fill the Council seat vacancy effected by the October 15, 2021, resignation of former Council Member Michael Lempres. The Council may appoint immediately to fill the vacancy; outline a process to solicit interest and consider appointment to fill the vacancy; or outline a process to call a Special Election to fill the vacancy.

    Description: This item will involve a Council discussion to consider options for replacing the vacant seat left by the resignation of Council Member Michael Lempres. Staff seeks Council direction related to next steps

19.    PROVIDE DIRECTION REGARDING DONOR WALL MATERIALS

    Report: City Manager, George Rodericks

    Recommendation: Provide direction regarding donor wall materials.

    Description: This item will involve Council discussion and staff is seeking direction related to the donor wall materials.

20.    CONSIDERATION OF CONCEPT PLAN FOR TRAIN STATION RENOVATION – FEEDBACK AND DIRECTION

    Report: City Manager, George Rodericks

    Recommendation: Review the concept plan for renovation of the train station as prepared by the City Council Ad Hoc Subcommittee (DeGolia/Hawkins-Manuelian) and provide feedback and direction.

    Description: This item will involve Council discussion and staff is seeking direction related to the plan for the Atherton train station renovation.  

21.    TOWN CENTER PROJECT UPDATE: AUTHORIZE CHANGES TO THE CITY MANAGER CHANGE ORDER LIMIT

    Report: Interwest Consulting Group Project Manager, Marty Hanneman

    Recommendation: Authorize the City Manager’s Construction Change Order Limit be increased as recommended.

    Description: This item will involve a Town Center project update and staff is seeking authorization to change the City Manager change order limit.

22.    RESPONSE TO GRAND JURY REPORT:“BUILDING GREATER TRUST BETWEEN THE COMMUNITY & LAW ENFORCEMENT VIA THE RACIAL AND IDENTIY PROFILING ACT”

    Report: Chief of Police, Steve McCulley

    Recommendation: Consider the attached response to the San Mateo Grand Jury on their report entitled “Building Greater Trust Between The Community & Law Enforcement Via The Racial And Identity Profiling Act” and, if appropriate, authorize the Mayor to sign the response letter.

    Description: This item will involve a Council discussion related to the Grand Jury Report received by the Town related to Law Enforcement and Building Community Trust through the Racial and Identity Profiling Act. Staff is seeking council approval to submit a response letter required by the Grand Jury.

23.    REVIEW AND APPROVE THE RESPONSE TO GRAND JURY REPORT - SAN MATEO COUNTY: CALIFRONIA’S GROUND ZERO FOR SEA LEVEL RISE

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

    Recommendation: Review and approve the attached response letter to the San Mateo County Grand Jury Report entitled “San Mateo County: California Ground Zero for Sea Level Rise released on August 11, 2021.

    Description: This item will involve a Council discussion related to the Grand Jury Report received by the Town related to Sea Level Rise. Staff is seeking council approval to submit a response letter required by the Grand Jury.

24.    COUNCIL REPORTS/COMMENTS

25.    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.