[Posted by Moderator]
From: Valerie Gardner
Date: December 21, 2011 1:04:37 PM PST
To: Bill Widmer , JerryCarlson Carlson
Cc: Elizabeth Lewis , John Danielson , bslawstuff@yahoo.com
Subject: Re: Congratulations on your achievement of $9600 in sponsoring grants
On Oct 18, 2011, at 7:32 AM, Bill Widmer wrote:
Well done!
Bill
Bill and Jerry,
Thank you both for your earlier congratulations on our raising sponsorships. The Atherton 2020 development team worked very hard to garner those sponsorships. Unfortunately as I think you now know, Kathy McKeithen has leveled accusations of "illegality" against the EPC and pressured John Danielson and Bill Conners to force the EPC to take down its website immediately following the Special Council meeting that was called in response to the petition for a Master Plan.
Because our website is down and no longer providing the visibility we committed to our sponsors, we are returning all $9600 in sponsorships! This is a big loss of funding as well as credibility which, as you can imagine, distresses me. However, there are plenty of bigger problems, which I want to share with you, as council members who have shown support for the EPC.
First, let's address the important question: Why did Kathy McKeithen accuse the EPC of operating illegally (a copy of her emailed accusation is attached below)? Here are the best explanations I can provide, based upon my opinions and impressions having heard McKeithen's verbal accusations during council meetings which we all heard and the information I have subsequently gotten.
Number 1: I personally spoke at the Nov. 8th Special Council meeting and addressed my serious concerns and objections about the deliberately faulty process used by Kathy's Library Committee to feign community engagement. This includes the facts (clearly shown on the town website that I am sure you have reviewed thoroughly) that the Library Committee:
1. failed to survey or communicate with even one active park user group,
2. failed and refused to survey the town at large,
3. held 3 focus groups with non-park user groups and did not even ask
the location question,
4. held 3 preliminary community workshops, and did not permit public
comments oreven discussion of the location question and failed to
adequately report these meetings as such,
5. yet claim to have conducted a "community engagement process"
that supports their recommendation to put the library in the park.
I attempted to state in my brief comments that their process was a sham, which is the truth, and the resulting community turmoil, petitions, special hearings, referendum activity, and more is the obvious result, however, clearly Kathy doesn't like this information being discussed! It is possible that she is concerned that Bill, as the swing vote on Library issues, may question his support which may be based upon his sense of
Kathy's own integrity combined with her very strident support of her own committee. I suspect that this may have something to do with why she is attacking the EPC, the committee that I am a volunteer on. Correct me if I am wrong, but doesn't it strike you as something of a conflict of Interest (given Kathy's multiple roles) that a council member, who should be concerned with insuring the integrity of a subcommittee process, not to mention the appearance of integrity given her position of leadership on that committee, is instead working so hard to defend and possibly cover up what appear to be (and I am not the only one alleging) possible committee process fraud?
Number 2: The EPC's independent, continually updated website (a protocol established upon its launch, and which was granted editorial freedom from town oversight by the City Attorney back in 2007 with the "External Website Disclaimer" on the town site), posted an "Environmental Viewpoint" on the "Issues" page expressing the clear environmental concerns and questions raised by the choice to move a public county building away from our town center and Caltrain transit hub (where some people can access it without using a car) and into the the park. Furthermore, the viewpoint questioned the benefits to the community of using up more space, designated as a "high class recreational park," rather than using that space (should it be available) for more fields, of which there is a big shortage. Included in that viewpoint were concerns about the encroachment on more green space, as will likely result from the plans to increase the size of the library from 4,800 square feet up to as much as 15,000 square feet. As you know, this is much bigger than the current Main House footprint. Concerns were raised about the damage to our town center of not seismically updating the current library building, which otherwise might need to be abandoned, which would be a blight on our down town, and questioning who should pay for that, since the Library has occupied that space the whole time. Reference was also made in that article to the resident-run survey that cited the vast majority of residents not agreeing that a library qualifies as "high class recreation" purpose.
Apparently, McKeithen believes that the EPC's charter allows it to discuss any environmental concern (five years with no prior complaint from her), as long as it is not associated with a pet project of hers). Does this censorship of the EPC's voice raise any 1st Amendment red flags with any of you?
Number 3: Marion Oster sent Kathy McKeithen a message (see below)
objecting to the wording in the synopsis provided by the moderator of the Athertonian resident email list that described the agenda of the November 16th council meeting. Kathy McKeithen
erroneously attributed responsibility for the Athertonian message to the EPC, calling it "Illegal" and "very political." Even though this is a completely wrong statement, accurate facts were clearly of no concern to Kathy McKeithen who (
apparently on her own authority, since I don't recall an agenda or noticed meeting on the issue of the EPC—Do YOU?) threatened Bill Conners and John Danielson with her intent to go to the Grand Jury to investigate "these matters" unless they conform to her insistence to do something to stop the EPC. Which they did, since they forced the EPC's website to come down two days later. Does this make you wonder if McKeithen's concerns about "Illegal" and "very political" actions are not somewhat missplaced?
Number 4: At several council meetings that I attended, Kathy accused the resident-run and completely non-partisan "Athertonians" email list of being a "rogue" group. Because the EPC supported the use of a form of communication by residents in town that doesn't require that paper be printed and sent out for every communication and informed residents about the group on its web site, McKeithen claimed that the EPC had "part ownership" of the "Athertonian" email group. The EPC was formed in 2006. The "Athertonians" list was started in 2004. There is NO support for McKeithen's claim. Apparently, however, residents communicating with each other is something that Kathy doesn't approve of—hence the "rogue" word. It is possible that she thinks by attacking the EPC, it might stop the use of this resident message group. (Interestingly, despite knowing about the "Athertonians" list, McKeithen and her Library Committee chose never to make use of the list as a way to better "engage the community.") Furthermore, she accused the EPC of responsibility for a Resident-authored informal survey that was sent out to the Atherton Community via the Athertonian list, which is also completely erroneous, but somehow used her disapproval of wording on the survey to try to discredit the EPC? (I am somewhat confused as to this point, I have to admit.)
As a result of Kathy McKeithen's false and one might say
"politically-motivated" accusations against the EPC, I have subsequently heard that she is now forcing town staff and the city attorney to spend their time investigating the EPC's finances, at no small expense to the town, I am sure—and this despite the fact that the council cut our budget this year from $28,000 to $5,000, fired our one staff person and failed to appoint any temp replacement to assist us with anything. Was this an approved town expense?
Nevertheless, neither the town manager nor the city attorney has bothered to address any specific question, concern, allegation or accusation with me directly, so I have no idea the basis of the additional accusation, as every dollar we have spent has been clearly reflected on our accounting statements to Finance every year. Plus, we have consistently raised almost as much as our budget in grants and sponsorships (this year it was nearly $50,000 worth, most of which will now be wasted as a result of McKeithen's actions), such that we have an accrued account of sponsor funds of over $5,000 for our program purposes.
Lastly, as you also know because you do your homework, the agenda for tonight's council meeting contains an item called
"Consideration and Action on Disbandment of the Environmental Programs Committee." This agenda item is really the last straw. Seriously, is there no "due process" in this town, where Kathy McKeithen is involved? It is my personal but fairly well substantiated opinion that the EPC has been maliciously targeted for illegal, political purposes by Kathy McKeithen to defend the questionable processes utilized by herself and her Library Committee, in direct conflict of interest to her role as a council person representing residents of this town. Yet, it is the EPC that is being attacked. Yes, I realize that the EPC has been accused, but pardon me if I protest that it seems a little hasty to place an item on the agenda to disband the EPC, when it has not been found to have done any misdeed. Am I wrong?
For your information as council members, the cost of Kathy's attack so far is under $10,000 to the town. However, based upon the way this town is run, it seems likely that the EPC will be disbanded, which will cause the abandonment of our $165,000 federally-funded energy efficiency program, to the detriment of all residents of Atherton, who supported and could benefit with participation over the ten years that we hoped to run the program, among many other benefits provided by the EPC.
I will have to share these and more concerns about council actions relative to the EPC when we announce that we have been disbanded!
As council members who have expressed support many times for the work being done by the EPC, I am really surprised that neither of you contacted me when you heard about Kathy's accusations against the EPC or even to get my input or perspective on tonight's agenda item. Please accept my apology for feeling entitled to give you my perspective, even if you didn't ask for it. For that matter, if any of what I have described above surprises you, upsets you, disagrees with facts that you otherwise are aware of, or makes you feel concerned about the treatment the EPC is getting from the council, please let me know.
Thanks!
—Valerie
P.S. Sorry for the length and tone of this message but, as you can tell, I am rather fed up.
From: Kathy McKeithen
To: bill conners
Cc: "jdanielson@ci.atherton.ca.us"
Sent: Wednesday, November 16, 2011 2:15 PM
Subject: Fw: [Athertonians] There is an Atherton Council Meeting tonight (at HPP)!
Bill,
It has now been over a week since I put you and John Danielson on notice that the EPC was illegally operating its Town website and its part "ownership" of the Athertonians e-mail list. As you can see from the e-mail below, they continue t do so and are very political about it.
Seeing that nothing has been done despite by requests (and insistence) I am lettign you know that I intend to go to the Grand Jury next week to investigate these matters.
Kathy McKeithen
----- Forwarded Message -----
From: Marion Oster
To: "Jim Dobbie (James.Dobbie@yahoo.com)" ; "denise@studio74.us" ; "Risley, Carine" ; Kathy McKeithen
Sent: Wednesday, November 16, 2011 12:30 PM
Subject: FW: [Athertonians] There is an Atherton Council Meeting tonight (at HPP)!
I did not know how many of you got this but I really object to the wording of #3. Marion
Marion E. Oster
meo@rjoster.com
From: Athertonians@yahoogroups.com [mailto:Athertonians@yahoogroups.com] On Behalf Of Atherton Resident
Sent: Wednesday, November 16, 2011 12:22 PM
To: Athertonians@yahoogroups.com
Subject: [Athertonians] There is an Atherton Council Meeting tonight (at HPP)!
To all,
The Atherton City Council is scheduled to meet again this evening for its regular monthly council meeting. On the agenda this evening are several matters of importance to residents:
1) Approval of new garbage rates,
2) Consideration of the Park & Recreation Committee's recommendation to conduct a formal Town-Wide survey of Resident Opinions concerning the location of the new library in Holbrook-Palmer Park ,
3) Approval of more town tax funds to be used by the Library Steering Committee to do an Environmental Impact Report for putting the library in the park, and
4) Reinstating the ability of the Town Manager to book events at Holbrook-Palmer Park (which were previously discontinued for 2012 events in light of what was seen as pending library construction in the park).
The November 8th Special Council Meeting requested by a petition with over 300 supporters to authorize a Master Plan prior to the expenditure of more tax funds by the library group, did not result in any action because the agenda did not provide for the council to take any action at that meeting. Tonight, Council members Carlson and Lewis are scheduled to present reports on a Master Facilities Plan and on Polling Town Voters in order to help the council determine future council agenda items (which require majority approval).
If you are interested in or concerned about how the council decides any of these issues, it would be good to attend this meeting, which is being held tonight starting at 7:00 pm in the Pavilion at Holbrook-Palmer Park . Discussion of Item 1 listed above (but Item 17 on the council agenda) is estimated to start at 8:00 pm.
If you can't make the meeting, you can send your thoughts in an email message to the council at these email addresses:
Mayor Jim Dobbie: jdobbie@ci.atherton.ca.us
Vice Mayor Bill Widmer: bwidmer@ci.atherton.ca.us
Jerry Carlson: jcarlson@ci.atherton.ca.us
Elizabeth Lewis: elewis@ci.atherton.ca.us
Kathy McKeithen: kmckeithen@ci.atherton.ca.us
A copy of the complete agenda for this evening is embedded below. To go to the town's .pdf version, please click this link: http://0187eb0.netsolhost.com/city-council/index.html
Copy of Council Agenda:
AGENDA
Town of Atherton
CITY COUNCIL
ATHERTON CHANNEL DRAINAGE DISTRICT
November 16, 2011
7:00 p.m.
JENNINGS PAVILION
150 Watkins Ave
Atherton, California
REGULAR MEETING
PLEASE NOTE:
Times listed on the Agenda are an approximation and not a time certain.
The Council may take up items out of order. Please arrive well in advance
of the time listed for any item in which you are interested.
7:00 P.M. 1. PLEDGE OF ALLEGIANCE
7:02 P.M. 2. ROLL CALL Lewis, Dobbie, Widmer, McKeithen, Carlson
7:03 P.M. 3 PRESENTATIONS
D.A.R.E/ RED RIBBON AWARDS – Bruce Potts
7:30 P.M. 4. PUBLIC COMMENTS (This portion of the meeting is reserved for persons
wishing to address the Council on any matter not on the Agenda that is within the
subject matter jurisdiction of the City Council. State law prohibits the Council
from acting on items not listed on the Agenda except by special action of the City
Council under specified circumstances. Speakers’ time is limited to three
minutes.)
7:40 P.M. 5. REPORT OUT OF CLOSED SESSION
7:40 P.M. 6. CITY MANAGER’S REPORT
7:50 P.M. 7. COMMUNITY ORGANIZATION ROUNDTABLE REPORT
7:50 P.M. CONSENT CALENDAR (Items 8-16)
(Consent Calendar items are routine in nature and are generally considered in one motion and adopted by a single vote of the City Council. If discussion regarding a Consent Calendar item is desired, the member(s) of the City Council, public, and/or staff wishing to pull the item should so indicate at the time the Mayor calls for consideration of the Consent Calendar.)
8. APPROVAL OF OCTOBER 19, 2011 REGULAR MEETING
Recommendation: Approve October 19, 2011 regular meeting minutes
9. APPROVAL OF BILLS AND CLAIMS FOR OCTOBER, 2011 IN THE
AMOUNT OF $1,258,593
Recommendation: Approve Bills and Claims in the amount of $1,258,593
10. ACCEPTANCE OF TREASURER’S REPORT FOR THE SECOND
QUARTER ENDED SEMPTEMBER 30, 2011
Report: Finance Director Louise Ho
Recommendation: Accept the Treasurer’s Report for the Second Quarter
Ended September 30, 2011
11. ADOPTION OF RESOLUTION ACCEPTING EXPEDITURES FOR
BALANCE OF FISCAL YEAR 2011/12 SUPPLEMENTAL LAW
ENFORCMENT SERVICES FUND (SLESF), CITIZEN’S OPTION
FOR PUBLIC SAFETY (COPS) GRANT
Report: Interim Police Chief Ed Flint
Recommendation: Adopt a resolution accepting the recommended
expenditures of the remaining balance of FY 2011-12 Supplemental Law
Enforcement Services Fund (SLESF), Citizen’s Option for Public Safety
(COPS) Grant in the amount of $100,000.00 in accordance with state
requirements
12. NARROW BANDING PURCHASE
Report: Interim Police Chief Ed Flint
Recommendation: (1) Authorize the purchase or lease of 23 P-25 compatible
radios with antennas and two lithium-ion batteries for each radio, to bring
Atherton Police Department into compliance with Federal Communications
System (FCC) requirements; and enable interoperable public safety
communications between Atherton Police and the other police and fire
agencies providing public safety services in San Mateo County and beyond;
and (2) Authorize Atherton Police Department to reconfigure its current
public safety base station radio to compliance with the new requirements.
13. POLICE MOTORCYCLE PURCHASE
Report: Interim Police Chief Ed Flint
Recommendation: Staff recommends that Council authorize the Police
Department to purchase two (2) new 2012 BMW R1200RT-P motorcycles as
replacement motorcycles for a total cost of $47,461.24, which includes sales
tax, documentation fees, and installation of communications and radar
equipment
14. POLICE PATROL VEHICLE PURCHASE
Report: Interim Police Chief Ed Flint
Recommendation: Authorize the Police Department to purchase two 2011
Ford Crown Victoria Interceptors as replacement patrol vehicles for a cost of
$70,000.00, which includes tax, license, emergency equipment, and
installation costs
15. ACCEPTANCE OF WORK, AUTHORIZATION TO RECORD
NOTICE OF COMPLETION AND APPROVAL OF CONTRACT
CHANGE ORDERS IN THE AMOUNT OF $ 1934.00 FOR A TOTAL
PROJECT COST OF $66,156.00 FOR THE SOUTH MEADOW
IRRIGATION AND TURF REHABILITATION PROJECT NUMBER
56019
Report: Interim Public Works Director Mike Kashiwagi
Recommendation: authorizing recording of a notice of completion and
approving contract change orders in the amount of $1934.00 for a total
project cost of $66,156.00 for the South Meadow/Irrigation and Turf
Rehabilitation Project Number 56019
16. 70 CAMINO POR LOS ARBOLES (APN 070-302-300)
INTRODUCE ORDINANCE TO PRE-ZONE THE SITE TO R1-A AND
AMEND THE GENERAL PLAN MAP TO INCLUDE THE
PROPERTY FOR ANNEXATION TO THE TOWN OF ATHERTON
Report: Town Planner Lisa Costa Sanders
Recommendation: adopt the Ordinance pre-zoning the site R1-A and amend
the General Plan Map to include a portion of the property located at 70
Camino por los Arboles for annexation into the Town of Atherton based on
the finding in the staff report.
8:00 P.M. PUBLIC HEARINGS - (Item 17)
17. INTRODUCTION OF AN ORDINANCE TO ADOPT REFUSE AND
RECYCLING COLLECTION RATES
Report: Interim City Manager John Danielson
Recommendation: Hold a public hearing, determine whether a majority
protest has been received, and if there is no majority protest, introduce the
attached Ordinance increasing refuse and recycling rates. A two-thirds vote is
required (i.e.; four affirmative votes).
8:15 P.M. REGULAR AGENDA – (Items 18-20)
18. PARK & RECREATION RECOMMENDATION TO CONDUCT A
TOWN-WIDE SURVEY OF RESIDENT OPINIONS CONCERNING
LOCATION OF A NEW LIBRARY IN HOLBROOK PALMER PARK
Report: Interim City Manager John Danielson
Recommendation: Consider the Park and Recreation Commission
recommendation to conduct a Town-wide survey of resident’s opinion
concerning location of a new library in Holbrook Palmer Park
19. ATHERTON LIBRARY BUILDING PROJECT
(a) ENVIRONMENTAL IMPACT REPORT
(b) AMENDMENT TO LSA ASSOCIATES PROFESSIONAL
SERVICES AGREEMENT
Report: Interim Public Works Director Mike Kashiwagi
Recommendation: Direct Staff to proceed with the preparation of an
Environmental Impact Report for the Atherton Library Building Project, and
Approve the First Amendment to the Professional Services Agreement with
LSA Associates for preparation of a Focused Environmental Impact Report;
20. CONTINUATION OF EVENT BOOKINGS AT HOLBROOK-
PALMER PARK THROUGH THE 2012 CALENDAR YEAR/
PARK EVENTS – REVENUE VS. DIRECT COSTS
Report: Interim City Manager John Danielson
Recommendation: Provide direction to staff regarding the continuation of
full event bookings at Holbrook-Palmer Park through December 31, 2012
10:15 P.M. 21. COUNCIL REPORTS
10:20 P.M. 22. FUTURE AGENDA ITEMS
A. MASTER FACILITIES PLAN
Report: Council Members Carlson and Lewis
B. POLLING TOWN VOTERS
Report: Council Members Carlson and Lewis
10:25 P.M. 23. PUBLIC COMMENTS
10:30 P.M. 24. ADJOURN
PLEASE NOTE THE FOLLOWING INFORMATION:
If you challenge a Town zoning, planning, or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any Town administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period.
Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection by 5:00 p.m. the Friday before each regularly scheduled City Council meeting at the Atherton Library, 2 Dinklespiel, Station Lane , and the Town Administrative Offices, 91 Ashfield Road , Atherton , CA 94027 . Additionally, agendas and staff reports may be accessed on the town website at: www.ci.atherton.ca.us
In compliance with SB 343, materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the Town AdministrativeOffices, 91 Ashfield Road , Atherton , CA 94027 .
Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the City Clerk’s Office at (650) 752-0500. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements
to ensure accessibility to this meeting. (29 CRF 35.104 ADA Title II)
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