Saturday, November 24, 2012

November 2012 Council Agenda


To read any of the council reports associated with these agenda items, go to the Town website (http://www.ci.atherton.ca.us/city-council/index.html) and click the link to download the .pdf packet that corresponds with the agenda Item No. that you want to read.

10 comments:

  1. Item #21 Brown Act compliance is something this council needs. Following Council Prodecure is also needed.

    Item #11 Furlough staff during Christmas to save $14,000.00 and increase retirement age, etc...

    For Item #14 Spending $6,000 for a Town party- Mayor Widmer likely violated council policy and the Brown Act.

    Prior to voting for the Mayor's $6,000 Party request, the council will vote to furlough employees to save $14,000.00.

    The $6,000.00 is for a party to thank employees and volunteers- Committee Members and outgoing Council Member McKeithen.

    It is unlikely this party is to thank the APOA for issuing a letter the Mayor called "Misleading" or to thank the employees being furloughed for putting together the party.

    Is it unlikely this party is to thank the Park and Recreation Commission for the recommendation to have a town survey on the Library in the Park that the mayor declined. Or to thank the Environmental Programs Committee that McKeithen accused of misusing town money and violating town policy.

    More likely is it because for years Council Member McKeithen has stated that several residents have suggested that the Town throw a party in appreciation for all she has done.

    The handling of this party by Mayor Widmer has not followed council procedure.

    In October Mayor Widmer advised staff to start planning a party for December. He does not have that power. Just as he did not have the power to advise staff to do a mailing.

    Council policy requires that two council members write a memo to the full council and request an agenda item. With three votes the item goes on the next month's agenda for public discussion and council vote.

    Prior to staff spending time on this event, the discussion and vote should have been taken place.

    In October when the Mayor advised staff to plan the party, did he think the Library in the Park was going to pass. Was the party to thank the members of the Library Task Force Committee?

    Was the reason Mayor Widmer did not follow procedure and submit a memo request with another council member to avoid public discussion and avoid having these concerns expressed? Will the Mayor express his thoughts on why he wanted to have this party this week?

    If the Mayor has discussed the party with two other council members he has violated the Brown Act. If any council member has discussed the party with two other council members they have violated the Brown Act. Three council members cannot discuss an item on the agenda.

    How was the date choosen, without checking with the other council members?

    The Furlough and other compensation reductions were in the works when the Mayor issued the Press Release. Yet he did not disclose them.

    A Campaign issue was the extent of the compensation reductions for staff.

    Newly elected council member Wiest should not have to live with the benchmark on this month's agenda.

    These reductions will go back to October 1, 2012. Did the council avoid approving them in September to prohibit them from being an issue during the election?

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  2. They are giving out the DARE awards this meeting. That's going to take a while. Citizens who attend to speak will have to wait for some time until this part of the agenda is completed. The Council chambers will be very crowded. People will have to stand outside in the rain. The Council should move the controversial items to December.

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  3. McKeithen has also requested time to comment on her council experience, which will delay the start of the controversial items. She has indicated that she would consider sitting out two years and running again. Everyone can listen to her first 2014 campaign speech.

    This agenda includes Widmer's request for a $6,000.00 party for her end of term, the JPA agreement, and extreme staff compensation reductions, all of which Wiest probably would have a different opinion.

    If Widmer sincerely wants a party for staff and volunteers, it should happen next year. Otherwise it looks like he wants $6,000.00 to host and speak at a party for his end of Mayor term and provide McKeithen a party for her end of Council Term.








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  4. The Town seeks to rename their newsletter from ATHERTONIANS to something else. This change appears to be in response to the use of the name ATHERTONIANS by this email group and website. Will they trademark the new name once chosen? 

    CITY MANAGER REPORT
    The Fall Newsletter is in the works and will be released by mid-December. One of the articles in the Newsletter asks the public to submit a name change for the local community newsletter (a contest). The names submitted would be provided to the City Council for a final decision with the winner formally recognized by the Council at a future meeting.

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  5. The Meeting Minutes from the last Council Meeting suggest the Mayor did not have the authority to mail a letter to the residents responding to the APOA’s campaign. Was the use of Government funds for election purposes a violation of the law? What will the Fair Political Practices Commission do?

    MEETING MINUTES
    22. COUNCIL RESPONSE TO ATHERTON POLICE OFFICERS ASSOCIATION (APOA) TOWN-WIDE MAILING

    Vice Mayor Lewis fees that since we are in campaign mode the Council should refrain from comment. The pamphlet was a demonstration of free speech. Councilmember Carlson doesn’t see a lot of gain from responding as a collective group. Vice Mayor Lewis suggests that the Council respond with a high level response reiterating their commitment to public safety. Councilmember Carlson would support a press release from the office of the Mayor. He would like to see a high level response with a few specifics and would leave it up to the Mayor and staff.

    MOTION by Dobbie, second by Carlson for Mayor Widmer to write a high level and fair press release in response to the pamphlet distributed by the APOA. The motion passed.

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  6. The “claims” section of the packets show some interesting expenditures. Why is the Police Department’s Community Service Officer (Pardorla) purchasing food for the Council? Is this acceptable under the Town’s purchasing policy? When did the Town resume purchasing food for the Council, a practice that had been eliminated?

    14340 10/10/2012 PARDORLA SIMONE Council Dinner General Fund City Council Foods for Council meeting 9/12/12 $34.04

    14335 10/10/2012 IMPAC. GOVERNMENT SERVICES 4960/9-24-12TD General Fund City Council Foods for Council meeting $49.94

    14335 10/10/2012 IMPAC. GOVERNMENT SERVICES 4960/9-24-12TD General Fund City Council Foods for Council meeting $29.55

    The voters put the brakes on the library in the Park, yet the policy of not renting the facilities continues. The Town will close its doors for a week to save money, yet walks away from revenue. Here are deposits refunded for Park rentals for just this month!

    14346 10/10/2012 THE OTHER WOMEN 296 General Fund - Refund park deposit Inv# 296, 10/6/12 $900.00

    14389 10/24/2012 CHAVEZ MARIE 304 General Fund - Refund park deposit Inv#304, 10/16/12 $250.00

    14305 10/2/2012 ANDRADE JAVIER 280 General Fund - Refund park deposit Inv#280, 11/24/12 $1,000.00

    14309 10/2/2012 CENGAGE LEARNING General Fund - Refund park deposit Inv# 293, 9/27/12 $250.00

    14336 10/10/2012 KAISER 286 General Fund - Refund park deposit Inv# 286, 10/4/12 $250.00

    Here’s a very large check being remitted to BFI, the former waste collection company. Why is the Town sending so much money to this company when the homeowners also send checks?

    14327 10/10/2012 BFI WASTE SYSTEMS OF NORTH AMERICA, LLC 93012AT General Fund Non-Dept4th Installment Contribution Solid Waste- Final year 2010 $84,332.03

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  7. The resolution to cut salary, retirement, and benefits has already received much attention. What are the ethics of hiring a new Finance Director and City Manager and changing what you promised within 30 days? Will this resolution make it more difficult to attract and retain their replacements?

    RESOLUTION IMPACT TAKEN FROM PACKET

    For 2013, this represents an average 2.9% decrease in pay with a larger amount of this impact falling on employees with dependents. Cumulatively, in 2014 the average cost impact is 6.3% and in 2015, 11%. In 2012, the work furlough results in an additional 1.5% pay reduction. Over the three years of the CalPERS liability transfer and merit program the Town will save $92,413.

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  8. The Council will consider revising the budget to have a Christmas party to the tune of $6,000. The Town will serve alcohol in addition to “passed hor d’oevres”. What is the liability implication to the Town of serving alcohol at a Town event?

    COUNCIL PACKET ITEM
    Staff is currently working on quotes and costs for the event. The details and exact parameters of the event are in flux, but it is anticipated that the event will involve passed hors d’oeuvres, wine, invites to all Town volunteers, commission and committee members, staff, and partners, decorations, and comments by the Mayor. It is anticipated that the cost of the event will not exceed $6,000 .

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  9. Carlson and Lewis propose the Council reaffirm its commitment to the Brown Act. They refer to a “different view” by other Council members. Is this Council committed to transparency? Apparently there are some who are not!

    FROM COUNCIL PACKET

    We believe it is important to clarify that our Council will continue to respect and abide by all of the principles of the Brown Act even though the California State legislature has suspended certain portions.

    This request is being made at this time because apparently there is another view being put forth as to where we stand as a Council in abiding by the Brown Act.

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  10. Back in 2006 when there was talk of a Recall Campaign against McKeithen, at her request John Johns spent around $12,000.00 having the computers at the Building Deptartment inspected for information on the recall. A purchase order was issued with no bid, no city manager approval, and no council approval.

    If the FPPC is reviewing the Mayor's letter for using town funds for campaigns they should look at that expense.

    Johns emailed the police a few years back that McKeithen provided him information to help him in his case against Atherton.

    There also appears to be a several Brown Act violations. An outside body should review Atherton's procedures.




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