Town of Atherton Council Regular Meeting Nov 28 2012

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


http://www.youtube.com/watch?v=Oj3498kklMA#t=40s

http://www.youtube.com/user/TownOfAtherton

http://www.youtube.com/user/AthertonPOA

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


B. Mayor Widmer Proclamation for Council Member McKeithen


C. Council Member Dobbie’s Comments Regarding Council Member McKeithen


D. Council Member McKeithen’s Comments


CITY ATTORNEY REQUEST FOR CLOSED SESSION [NOT ON AGENDA]


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

http://www.youtube.com/watch?v=eKVbEa5qx0E







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


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


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

http://www.youtube.com/watch?v=b0FK25Rx54g


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=b0FK25Rx54g#t=33m5s


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.


Kathy Janz, Resident, Wilburn Av

She notes that treating unrepresented employees poorly would like cause more

unionization.


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.


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.







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.


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.


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.


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).






Jim Dobbie

He sees no reason to delay and makes a motion to approve the resolution.


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.


Elizabeth Lewis

Says she will vote for the motion so that she can motion for reconsideration at the next

meeting.


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.







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.]


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


13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH URS

CORPORATION FOR PREPARATION OF ENVIRONMENTAL DOCUMENTS AND

REIMBURSEMENT AGREEMENT WITH SACRED HEART SCHOOLS


14. ADOPT RESOLUTION 12-XX APPROVING A BUDGET AMENDMENT OF AN

AMOUNT NOT TO EXCEED $6,000 FOR THE 2012 VOLUNTEER AND EMPLOYEE

RECEPTION


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


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


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


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.


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.


Resident, Virginia Ln

Said he believed that there is a way to influence the project politically. The CalTrans

criteria can be over-ridden.


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


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.


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


22. PUBLIC COMMENTS


Elizabeth Lewis acknowledges Denise Kupperman, Greg Conlan, and Cary Wiest for

their campaign. She looks forward to Cary Wiest joining next month.

23. ADJOURN




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Town of Atherton Council Regular Meeting Nov 28 2012

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