town of atherton council regular meeting nov 28 2012
DESCRIPTION
Town of Atherton California November 28 meeting video broadcast with deep links.TRANSCRIPT
TOWN OF ATHERTON
CITY COUNCIL
NOVEMBER 28, 2012 - 7 :00 P.M.
REGULAR MEETING
VIDEO BROADCAST
THE TOWN OF ATHERTON HAS ASSUMED RESPONSIBILITY FOR RECORDING TOWN MEETINGS. THE ATHERTON POLICE OFFICERS
ASSOCIATION HAS WORKED CLOSELY WITH THE TOWN TO MAKE THIS TRANSITION, INCLUDING LOANING THEM OUR VIDEO EQUIPMENT.
MEETINGS RECORDED AND PUBLISHED BY THE APOA ARE AVAILABLE ON OUR YOUTUBE CHANNEL: HTTP://WWW.YOUTUBE.COM/USER/ATHERTONPOA
MEETINGS RECORDED AND PUBLISHED BY THE TOWN OF ATHERTON ARE AVAILABLE ON THEIR YOUTUBE CHANNEL:
HTTP://WWW.YOUTUBE.COM/USER/TOWNOFATHERTON
1. PLEDGE OF ALLEGIANCE
http://www.youtube.com/watch?v=Oj3498kklMA#t=40s
2. ROLL CALL
Lewis, Dobbie, Widmer, McKeithen, Carlson
http://www.youtube.com/watch?v=Oj3498kklMA#t=1m25s
3. PRESENTATIONS
D.A.R.E /RED RIBBONS AWARDS – Presented by Reserve Officer Bruce Potts
http://www.youtube.com/watch?v=Oj3498kklMA#t=2m
4. PUBLIC COMMENTS
A. Smith McKeithen
http://www.youtube.com/watch?v=Oj3498kklMA#t=21m
B. Mayor Widmer Proclamation for Council Member McKeithen
http://www.youtube.com/watch?v=Oj3498kklMA#t=26m21s
C. Council Member Dobbie’s Comments Regarding Council Member McKeithen
http://www.youtube.com/watch?v=Oj3498kklMA#t=28m56s
D. Council Member McKeithen’s Comments
http://www.youtube.com/watch?v=Oj3498kklMA#t=30m48s
CITY ATTORNEY REQUEST FOR CLOSED SESSION [NOT ON AGENDA]
http://www.youtube.com/watch?v=Oj3498kklMA#t=36m12s
5. REPORT OUT OF CLOSED SESSION
None
6. CITY MANAGER’S REPORT
http://www.youtube.com/watch?v=eKVbEa5qx0E
School Resource Officer - Carlson
Construction Activity and Communication – Lewis
7. COMMUNITY ORGANIZATION ROUNDTABLE REPORT
None
CONSENT CALENDAR (ITEMS 8-17)
8. APPROVAL OF OCTOBER 21 REGULAR MEETING MINUTES
http://www.youtube.com/watch?v=eKVbEa5qx0E#t=10m25s
Jerry Carlson questioned mailing to all households of the Mayor’s “press release”.
Elizabeth Lewis also questioned the decision to send the press release to community.
Bill Widmer clarified his understanding of the intent of the resolution and the level of
detail.
Jim Dobbie agreed that it wasn’t in motion approved by the Council, but agreed with the
Mayor’s decision to use public funds to mail the press release to every home in Atherton.
9. APPROVAL OF BILLS AND CLAIMS FOR OCTOBER, 2012 IN THE AMOUNT OF
$995,446
http://www.youtube.com/watch?v=eKVbEa5qx0E#t=15m45s
Elizabeth Lewis questioned a claim for library related work when such activity was to
have been suspended. Jim Dobbie requested copies of the invoices. Bill Widmer wants
45 day payment terms to allow Council Members to intervene. (In the strong City
Manager form of government, this should not be required. The City Manager has the
authority to spend the approved budget.)
10. ACCEPTANCE OF TREASURER’S REPORT FOR THE FIRST QUARTER ENDED
SEPTEMBER 30, 2012
http://www.youtube.com/watch?v=eKVbEa5qx0E#t=19m27s
Elizabeth Lewis notes an error regarding a date.
11. ADOPT RESOLUTION NO. 12-XX APPROVING SALARY AND BENEFITS FOR ALL
UNREPRESENTED EMPLOYEES
Part 1 - http://www.youtube.com/watch?v=eKVbEa5qx0E#t=34m28s
Part 2 - http://www.youtube.com/watch?v=b0FK25Rx54g
The City Attorney disclosed last minutes changes to the resolution. The changes were
prompted by the examination of an outside Attorney who found problems. That attorney
believes it’s “bad form” to approve at this meeting. The City Attorney says he would like
to have CalPERS review and approve a portion of the resolution and will reintroduce that
part at the next Council meeting.
Dobbie observes few private sector jobs have the benefits included in this resolution and
believes Atherton employees are being very well paid – even with this resolution. He
wants Town employees paid at the same levels as the private sector. He says the
Council has been looking at this for a long time.
He says “it wasn’t complicated” to outsource the Public Works, Building, and Park
employees last year.
Jerry Carlson asks if the unrepresented employees have seen the completed resolution.
The City Attorney says he doubts the unrepresented employees have seen the
resolution being considered at the meeting. Carlson notes there is no 5 years financial
projection and it would give the Council better information on the impact of the changes
in this resolution. Carlson says the Council should listen to employee and resident
concerns regarding these changes.
Elizabeth Lewis recognizes the City Attorney’s comment that CalPERS has not vetted
the resolution and suggests it would be prudent to continue the item to the next meeting
for that reason. She suggests some of the elements are too aggressive (18 month
implementation.). She observes the rushed implementation does not provide the
effected employees time to plan for the changes. The Town is going to reduce
compensation by 20% in some cases.
Kathy McKeithen says they are trying to reach parity with the private sector. She also
believes that the Town is not in parity with other public sector agencies. She says the
Town pays the employee’s entire 9% portion of their CalPERS contribution. (EPMC is
something used in the 70th percentile calculation; though the Town pays the employee’s
share, it is not extra compensation.)
Bill Widmer says the fringe rate in the private sector is 30%; he claims it is 100% (or
greater) in the public sector. He believes the pension liability is $12 million. Based on a
Moody’s report, he thinks Atherton’s is $20-36 million.
Widmer recaps his opinion of the State pension problem and suggests these changes
are meant to correct the issue. He notes Palo Alto requires their safety employees to pay
their full CalPERS pension requirement (9%). He believes these compensation
reductions are “humane”. He believes that the outsourcing of Public Works, Building,
and Parks has been successful.
Widmer says the Council has been discussing this since the end of the first quarter and
the employees have known since mid-year.
PUBLIC COMMENTS
http://www.youtube.com/watch?v=b0FK25Rx54g#t=33m5s
Steve Tyler, Unrepresented Employee.
Asks for the Council to continue working with the employees, rather than approving the
resolution at this meeting. He notes he received only a very tentative draft of resolution.
They have not had time to review it and they found mistakes in the previous resolution.
He asks that the Council pull this item from the agenda.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=1m26s
Malcom Dudley, Former Council Member
Says the Council is not treating its employees well. The outsourcing decision was
predicated on bad information about revenue and expense. The revenue trends are now
positive. The Council is losing sight of what’s important. Believes this should be done as
part of the budgeting process. Says the resolution needs to be better thought out and the
Council needs to treat the employees fairly.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=6m25s
Resident Alejandra Av
Questions whether “ObamaCare” will impact this resolution. Questions whether the
Council is really saving much. The City Manager says the pension portion of the
resolution would not be impacted by ObamaCare, though the medical portion would. The
Town saves $125,000 approximately over a Town budget of $11 million (0.01% of its
annual budget).
http://www.youtube.com/watch?v=29Rx4EpWlIE # t=8m35s
Jim Janz, Former Council Member (read into record by spouse)
Believes this resolution is being rammed through at the last minute by a lame duck
council. Notes the resolution was developed in closed session and only made public at
the last minute. He suggests that it looks terrible that the Council is putting this through
at the last possible moment. He notes that parcel tax has not kept up with inflation.
Recommends the Town survey the residents to see if they wish to continue and expand
the parcel tax.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=12m10s
Kathy Janz, Resident, Wilburn Av
She notes that treating unrepresented employees poorly would like cause more
unionization.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=13m27s
David Metzger, President Atherton Police Officers’ Association
Questions why the Council would place the Town at risk by making changes to
compensation and benefits when they have made strides in improving the agency. He
says that competitive compensation and benefits are required to keep employees.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=15m40s
Resident, Selby Ln
Recognizes that it is a competitive market for employees. Does not believe it’s an
unreasonable thing to consider this resolution for a longer period of time. He would be
concerned if he were an employee of the Town.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=17m7s
Resident, Catalpa Dr
Says the public comments should not sway the Council. The Council was elected to
make decisions. They will be supported at the next election if they make the right choice.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=18m3s
Resident, Virginia Ln
He says the resolution before the Council won’t make much of a dent in the budgetary
problem. The resolution does appear to be setting policy and may be important for that
reason. He notes the Council appears to be dealing with the unrepresented employees
as if they are represented. He thinks the employee’s request to extend consideration
seems reasonable.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=21m4s
Elizabeth Lewis
Says Bill Widmer’s comments were rhetoric that sounds good on a national stage.
Questions his flat tax comment and disagrees. Notes the property tax revenue will
exceed the previous year’s by a significant amount. She concedes the Town has limited
resources and needs to live within its means. The biggest gain will be in the restructuring
the retirement system, not nickel and diming the 10 unrepresented employees for
negligible savings (0.01% of the Town’s annual budget). Says the Council should be
seeking a more measured approach.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=26m10s
Kathy McKeithen
She says the employees were represented and chose not to be represented [really?].
Says the employees saw the resolution before the Council did. Says pushing for a delay
is only intended to make everyone start over again. Says there is reason not to delay;
there is a risk of setting it back 9 months. Says this has been in discussion for months.
McKeithen says this is all about the pending negotiations with the Police Department
and that’s why the APOA is at the meeting. She reveals the measure was adopted by a
unanimous vote (in closed session).
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=30m25s
Jim Dobbie
He sees no reason to delay and makes a motion to approve the resolution.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=31m10s
Jerry Carlson
He says they need to be fair to employees and listen to the concerns of the employees
and the residents. He says Steve Tyler’s suggestions were reasonable. He says the
Council is in agreement on the policy direction. He has concerns about the road map
and way they are implementing. Says he will vote with the majority to approve the
motion so that he can motion to reconsider it at the next meeting.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=34m17s
Elizabeth Lewis
Says she will vote for the motion so that she can motion for reconsideration at the next
meeting.
http://www.youtube.com/watch?v=29Rx4EpWlIE#t=35m17s
Bill Widmer
Says there is little activity during the week in question and it is a good time to do a
furlough. The proposal reflects 3 increases since the beginning of negotiations, up to
$200/month per employee.
http://www.youtube.com/watch?v=9m5gv9wgOLU#t=3m41s
Jerry Carlson
Says he wants to see the complete package. Doesn’t think it looks good to give the
unrepresented employees the changes at the last minute. Says he needs more time to
assess if there are some things from a policy standpoint that need to be adjusted. Says it
won’t hurt to consider this resolution next month.
http://www.youtube.com/watch?v=9m5gv9wgOLU#t=5m35s
Bill Widmer
Thinks the changes are cosmetic and do not justify putting off consideration. Says they
have pushed it off multiple times. Motions for passage “once and for all” in an effort to
prevent re-consideration next month. [City Attorney tells him he can’t do that.]
http://www.youtube.com/watch?v=9m5gv9wgOLU#t=7m27s
Vote
12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LAMPHIER-
GREGORY FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND
REIMBURSEMENT AGREEMENT WITH MENLO SCHOOL AND MENLO COLLEGE
http://www.youtube.com/watch?v=9m5gv9wgOLU#t=9m22s
13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH URS
CORPORATION FOR PREPARATION OF ENVIRONMENTAL DOCUMENTS AND
REIMBURSEMENT AGREEMENT WITH SACRED HEART SCHOOLS
http://www.youtube.com/watch?v=9m5gv9wgOLU#t=14m22s
14. ADOPT RESOLUTION 12-XX APPROVING A BUDGET AMENDMENT OF AN
AMOUNT NOT TO EXCEED $6,000 FOR THE 2012 VOLUNTEER AND EMPLOYEE
RECEPTION
http://www.youtube.com/watch?v=9m5gv9wgOLU#t=15m19s
Bill Widmer said he wanted to recognize the volunteers. He wanted to do this over the
holiday. He realizes that many think it’s inappropriate given the cut backs to staff
compensation. Widmer withdraws his support. Dobbie said he would want to know how
many volunteer would attend, but wants to vote no as well.
15. ADOPTION OF A RESOLUTION APPROVING BUDGET AMENDMENT FOR FY 2012-
2013
http://www.youtube.com/watch?v=eKVbEa5qx0E#t=19m55s
Jerry Carlson expresses surprise that the $20,000 for disaster preparedness did not go
into the budget as approved. Asks why it is going into the Police Department budget. Jim
Dobbie believes Atherton has made reasonable preparations for disasters, including a
trailer stored at his house. Dobbie believes that the Lindenwood Home Owners
Association paid for the caches.
Kathy McKeithen says the public schools are not prepared for disasters. Kathy
McKeithen reveals some of Atherton’s supplies are stored in Menlo Park and require
being near East Palo Alto and wonders, “How safe that’s going to be?”
16. ADOPT RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON
EXPRESSING SUPPORT OF COMPLETE STREETS
http://www.youtube.com/watch?v=9m5gv9wgOLU#t=19m41s
17. RESOLUTION TO REJECT CLAIM OF MARY T. BELICH
Passed without comment
PUBLIC HEARINGS
None
REGULAR AGENDA – (ITEMS 18-19)
18. CALTRANS - POTENTIAL TRAFFIC SIGNAL AT SELBY AND EL CAMINO REAL
http://www.youtube.com/watch?v=9m5gv9wgOLU#t=26m16s
District 4 CalTrans Operations Chief
A new signal at Selby Lane and El Camino Real is justified based on volume and
accident history. Installation and maintenance cost must be shared with the local
jurisdictions, Atherton and San Mateo County. CalTrans proposes to pay 50%. Atherton
and San Mateo County would need to pay 25% each.
McKeithen asked about pedestrian safety at other intersections in Atherton. CalTrans
revealed that it met with Town Staff to explore solutions. CalTrans proposed flashing
pedestrian signal beacons at the pedestrian crossings. McKeithen inquired about
flashing lights embedded in the sidewalks. CalTrans told her the crosswalks don’t fit the
criteria for installation of these lights. CalTrans also suggested studying reducing the
number of traffic lanes. The CalTrans Representative said implementation would be 4
years away for the flashing lights.
Carlson appealed for help from CalTrans to help reduce the risk to pedestrians. Dobbie
criticized CalTrans for being too rigid with its requirements for traffic light improvements.
Widmer inquired about all of the accidents on El Camino Real. McKeithen asked for a
copy of the State database related to El Camino Real in Atherton’s jurisdiction. Lewis
asked if CalTrans only studied Selby Ln. CalTrans said they did not look at the other
intersections, as the Selby Ln intersection study was initiated at the Town’s request in
2005.
McKeithen asked if Atherton could install a pole and sign with a flashing light on El
Camino Real. Caltrans said Atherton could, but they would have to meet all legal
requirements. Lewis asked about Bike Lane improvements. CalTrans said its plans are
focused on pedestrians. CalTrans said it was participating on the “Complete Streets”
programs (see Item 16) and that should improve bike safety.
PUBLIC COMMENTS
http://www.youtube.com/watch?v=7uAmZ3pL8FU#t=12m25s
Resident, Selby Ln
Asked for more details regarding projected traffic patterns. He asked for more cost data.
CalTrans estimated $500,000-$800,000. CalTrans said he didn’t have the traffic pattern
information. CalTrans said it was difficult to predict, but said traffic patterns might change
as people prefer to use the signalized intersection to get on to El Camino Real.
http://www.youtube.com/watch?v=7uAmZ3pL8FU#t=15m53s
Resident, Selby Ln
Said he would place pedestrian crossing improvements a priority over the intersection at
Selby Ln. He said the existing pedestrian facilities are deadly.
http://www.youtube.com/watch?v=7uAmZ3pL8FU#t=18m45s
Resident, Virginia Ln
Said he believed that there is a way to influence the project politically. The CalTrans
criteria can be over-ridden.
http://www.youtube.com/watch?v=7uAmZ3pL8FU#t=20m5s
Resident, Catalpa Dr
Wants to know if there’s a proposed project that is ready to go if the Council is willing to
pay the 25% of the $500-800,000. McKeithen said the proposed project is a signal at El
Camino Real and Selby Ln.
McKeithen spoke about what happened at the Transportation Committee meeting when
CalTrans presented this proposal earlier this month. [The Transportation Committee
meeting had neither video nor audio recorded.]
19. SAN MATEO COUNTY LIBRARY JOINT POWERS AGREEMENT REPORT
http://www.youtube.com/watch?v=7uAmZ3pL8FU#t=33m32s
McKeithen said she was disappointed in the report. She said it was deficient because
the data was old and did not have sufficient detail. She said she was concerned about
budget and expenses and the data does not provide enough explanation to make a
decision.
Carlson asked how the JPA segregates the property tax revenues it receives from
different cities. The JPA representative said she was not sure how the agency receives
funds from different cities. Carlson wanted to know how the JPA calculates the excess
donor funds. Carslon requested an accounting of how much Atherton contributed and
how much expense is attributed to each participant.
PUBLIC COMMENTS
http://www.youtube.com/watch?v=aSF6kHVVcEk#t=25m50s
Wants to know if Atherton withdraws from the JPA would it lose all donor city funds. The
City Attorney discussed a confidential discussion. The City Attorney believes the funds
are tied to the donor, Atherton. He believes the donor funds, because of contractual
agreements, need to flow back to donor cities. The JPA attorney seems to think the
funds would stay with the JPA if Atherton withdraws from the JPA.
http://www.youtube.com/watch?v=aSF6kHVVcEk#t=30m32s
The restated JPA agreement said “the agency is not entitled to return of any funds
contributed to the JPA.”
OTHER AGENDA (ITEMS 20–23)
20. COUNCIL REPORTS/COMMENTS
http://www.youtube.com/watch?v=aSF6kHVVcEk#t=34m
21. FUTURE AGENDA ITEMS
A. BROWN ACT COMPLIANCE – Vice Mayor Lewis /Council Member Carlson
http://www.youtube.com/watch?v=aSF6kHVVcEk#t=34m34s
22. PUBLIC COMMENTS
http://www.youtube.com/watch?v=aSF6kHVVcEk#t=38m
Elizabeth Lewis acknowledges Denise Kupperman, Greg Conlan, and Cary Wiest for
their campaign. She looks forward to Cary Wiest joining next month.
23. ADJOURN