TOWN OF ATHERTON CITY COUNCIL DECEMBER 19, 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

PLEDGE OF ALLEGIANCE 1. ROLL CALL Lewis, Dobbie, Widmer, McKeithen, Carlson

http://www.youtube.com/watch?v=E79EpbRMh1U#t=34s

REGULAR AGENDA (Items 2-3) 2. ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE ELECTION HELD ON NOVEMBER 6, 2012, TO FILL TWO FULL-TERM COUNCIL SEATS http://www.youtube.com/watch?v=E79EpbRMh1U#t=1m7s

3. ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 6, 2012 FOR MEASURES F, L, AND M http://www.youtube.com/watch?v=E79EpbRMh1U#t=2m13s 4. PRESENTATIONS

a. OATH OF OFFICE COUNCIL MEMBERS ELIZABETH LEWIS AND CARY WIEST http://www.youtube.com/watch?v=E79EpbRMh1U#t=3m9s b. MESSAGE FROM OUTGOING MAYOR http://www.youtube.com/watch?v=E79EpbRMh1U#t=4m46s

c. SELECTION OF MAYOR AND VICE MAYOR Mayor http://www.youtube.com/watch?v=E79EpbRMh1U#t=15m55s Vice Mayor http://www.youtube.com/watch?v=E79EpbRMh1U#t=16m54s d. MESSAGE FROM INCOMING MAYOR http://www.youtube.com/watch?v=E79EpbRMh1U#t=18m14s e. INTRODUCTION OF NEW POLICE OFFICER CHRIS VIGIL http://www.youtube.com/watch?v=E79EpbRMh1U#t=25m42s f. 2012 ATHERTON TREE AWARDS http://www.youtube.com/watch?v=E79EpbRMh1U#t=30m45s

5. PUBLIC COMMENTS Part 1 - http://www.youtube.com/watch?v=E79EpbRMh1U#t=36m15s Part 2 - http://www.youtube.com/watch?v=LY_YSWoa7oo 6. REPORT OUT OF CLOSED SESSION NONE

7. PROPOSED RECONSIDERATION OF SALARY AND BENEFITS RESOLUTION FOR UNREPRESENTED STAFF http://www.youtube.com/watch?v=LY_YSWoa7oo#t=5m5s Council Member Dobbie says hes surprised that after all the discussion, in light of public rebuke, two Council members have now changed their minds. He hopes the new Council will not reverse the decisions made over the past two years. Says the Councils job is to make sure all expenses are appropriate and that frugality is not forgotten. Council votes 3 to 1 to reconsider the measure. This act brings the resolution back before the Council as if it was being considered for the first time in November. Options are to vote yes, vote no, amend, or continue to another session. Council Member Wiest asks that the measure be continued so that he can meet with the Town Manager and Finance Director and learn more about the resolution. Council Member Carlson concurs, saying has questions about the furlough and bonus pool. Mayor Lewis asks staff to bring the resolution back to them in January. She says Council is in agreement that the employee share of the pension burden must be transferred from the Town to the employees, caps must be established on sick leave and vacation accrual, a tiered pension plan should be implemented, medical benefits must be controlled, including elimination of lifetime medical. Wants staff to find a way to return with a resolution that will ease implementation of these goals. Public Comment http://www.youtube.com/watch?v=LY_YSWoa7oo#t=15m5s Member of the Finance Committee says he agrees with Council Member Dobbie that the Council should not start from scratch. Says he thinks the furlough is ridiculous. Also believes the 18 month implementation is too harsh.

Motion Council Member Carlson CM directed to come back in Jan that reconsiders implementation of the furlough and bonus plan, provides a fairer means of implementing policy changes for the employees that still achieves the Towns goals of bringing the Towns compensation system in line with public sector comp plans that reflects the trend of what is happening in the public sector, including employee contribution levels for pensions. Passes 3 to 1 (Council Member Dobbie votes Against)

8. CITY MANAGERS REPORT http://www.youtube.com/watch?v=LY_YSWoa7oo#t=22m20s

9. COMMUNITY ORGANIZATION ROUNDTABLE REPORT NONE CONSENT CALENDAR (Items 10-15) http://www.youtube.com/watch?v=LY_YSWoa7oo#t=32m Of note, the following item passed 5-0, without comment: A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON REAFFIRMING THE TOWNS COMMITMENT TO THE RALPH M. BROWN ACT NOW, THEREFORE BE IT RESOLVED, that the Town desires to continue its compliance with the requirements of the Brown Act regardless of changes to certain provisions of the Act that have been reduced or removed; and FURTHER, BE IT RESOLVED that the City Council of the Town of Atherton does hereby reaffirm its commitment to providing to the best of its ability transparency and open government to keep the community informed so they can keep control of their government

PUBLIC HEARINGS - None REGULAR AGENDA, CONTINUED (Items 16-20)

16. APPOINTMENT TO FILL VACANCY ON TRANSPORTATION COMMITTEE http://www.youtube.com/watch?v=LY_YSWoa7oo&#t=32m43s

Tie vote, item was continued to the January meeting when Council Member Widmer will be present.

17. INFORMATIONAL UPDATE ON THE GRADING AND DRAINAGE CRITERIA UPDATE Part 1 - http://www.youtube.com/watch?v=LY_YSWoa7oo&#t=35m25s Part 2 - http://www.youtube.com/watch?v=qPRbYG2_vqk

18. INFORMATIONAL REPORT - TOWN CENTER PROJECT REPORT 19. INFORMATIONAL REPORT ATHERTON LIBRARY BUILDING PROJECT The above two items were combined by the City Manager in his comments: http://www.youtube.com/watch?v=qPRbYG2_vqk#t=16m34s Both the Library and Town Center Committees met and chose to disband in favor of the Town Council providing direction. The City Manager said to date, the Town has spent $31,442 on the Town Center project and $489,609 on the library project. Mayor Lewis said that fund raising would not be done by Council or a Council established committee. It will need to be done by a private group of citizens. Council Member Dobbie asked that the Council consider an agenda item to consider improvements to the existing library. Council Member Wiest said hes in favor of consolidating the Town Center and Library projects. Council Member Carlson said he favors a master plan that excludes, initially, the park buildings. Suggests that the Council put off the formation of Committees in favor of resident panels that would chair workshops. He said that staff should take a larger role in the planning, but engage the public effectively. 20. INFORMATIONAL REPORT PROPOSED IMPROVEMENTS TO THE EXISTING LITTLE LEAGUE FIELD AT HOLBROOK PALMER PARK Part 1 - http://www.youtube.com/watch?v=qPRbYG2_vqk#t=25m45s Part 2 - http://www.youtube.com/watch?v=J8T4ujtkyak

Public Comments

Chair of Park & Rec spoke. She said the Park & Rec Committee has 5 new members and they would like the opportunity to participate in the approval of the Little Leagues plans. Head of Little League said it has taken 3 years to get to this point. Said the Park & Rec Committee voted unanimously for it. He was then referred to the Planning Commission. At the request of the Planning Commission they began to develop detailed plans. The residents then voted 75% in favor of moving forward. He asked for direction from the Council on the proper direction get this done efficiently, but asked that it not take another 3 years. Rob Roeser said hes a new member of the Park and Recreation Commission. He asked for clarification on how this project will get done. The City Attorney chastised Roeser for speaking publically after identifying himself as a Commissioner. The City Attorney said it is appropriate for a Commission Chair to speak on behalf of the Committee. The City Attorney said he can speak as a private person, but cant represent himself as a Committee Member before speaking. The City Attorney explained that they could violate the Brown Acts serial meeting rules. Denise Kupperman said she voted for this proposal, but did not understand the implication for parking in the Park when she did so. Sandy Crittenden (also a Park and Rec Committee Member, but did not announce his membership before speaking) said hes a regular user of the park. He said he believes the current position of the little league facility is not consistent with the original plans. He said he was concerned about the loss of open space to parking. Wants to know why a 200 seat bleacher is necessary. He advocates a full Environmental Impact Report. Didi Fisher said she sat on Council when the Little League facility was approved. She said the Council changed the position during the meeting. She recalled that she and Alan Carslon motioned and the change was made on a 5 to 0 vote. Valerie Gardner said that Council is positioned to improve engagement and resident involvement. She said that while it would be easier to complete one project at a time, there are synergies between the projects. Changes to the park should be self-funding, if possible. Council Member Dobbie said hes certain that when the baseball field goes into the the Park, it will increase traffic. He said hes open to an EIR, but it should go through the Park and Rec Commission and then to the Planning Commission. He said that this project could have major impact to the Park and that the Planning Commission meeting should be well publicized. Council Member Wiest said he favors a timeline. He asked that staff get a base plan together with a timeline to assist the Little League. He doesnt want to draw this out for 5 years.

Council Member Carlson said hes reviewed the minutes and thinks its clear the Park & Commission recommended it. The Council voted to refer it to the Planning Commission. He said that should it go to Park & Rec, it should be for public question and answer. He doesnt think it requires an EIR. He said its time to move forward in the most expeditious fashion. Mayor Lewis said the Little League has been getting the run around. She said the rug was pulled out from them by placing this measure on the ballot. The Town voted overwhelmingly for this project. She read the ballot measure and it included the scope. She said it was unreasonable to have the Little League go back to the Park & Rec Commission, even if there are 5 new members. She said would like a timeline for how the project will move forward. She wants the Little League to go back to the Planning Commission. OTHER AGENDA

21. COUNCIL REPORTS/COMMENTS http://www.youtube.com/watch?v=J8T4ujtkyak#t=17m40s

22. FUTURE AGENDA ITEMS NONE 23. PUBLIC COMMENTS http://www.youtube.com/watch?v=J8T4ujtkyak#t=21m6s

24. ADJOURN