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 Dobbies Comments Regarding Council Member McKeithen http://www.youtube.com/watch?v=Oj3498kklMA#t=28m56s D. Council Member McKeithens 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 MANAGERS 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 Mayors 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 wasnt in motion approved by the Council, but agreed with the Mayors 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 TREASURERS 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 its 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 wasnt 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 Attorneys 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 employees entire 9% portion of their CalPERS contribution. (EPMC is something used in the 70th percentile calculation; though the Town pays the employees 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 Moodys report, he thinks Athertons 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 whats 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 its 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 wont 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 employees request to extend consideration seems reasonable.

http://www.youtube.com/watch?v=29Rx4EpWlIE#t=21m4s Elizabeth Lewis Says Bill Widmers 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 years 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 Towns 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 thats 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 Tylers 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. Doesnt 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 wont 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 cant do that.]

http://www.youtube.com/watch?v=9m5gv9wgOLU#t=7m27s Vote

12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LAMPHIERGREGORY 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 its 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 20122013

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 Athertons supplies are stored in Menlo Park and require being near East Palo Alto and wonders, How safe thats 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 dont 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 Athertons 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 Towns 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 didnt 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 theres 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 2023)

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