Municipal Internet project delayed until after election Municipal Internet project delayed until after election (October 26, 2005)

High-bandwidth service in limbo -- again

by Bill D'Agostino

The City of Palo Alto will not seek proposals from companies interested in providing high-bandwidth Internet access to all residents and businesses until after this fall's election, the City Council decided Monday night.

It's the latest delay for a project that has been discussed in City Hall for numerous years. The city had considered providing an Internet service itself but is now considering partnering with a private company, mostly due to legal complications.

In July, the council voted 5-1 to seek such proposals, with Councilwoman LaDoris Cordell voting against and three council members abstaining due to conflicts of interest. The issue returned on Monday night with city administrators asking for clarity about that request.

But on Monday night, a fourth council member, Vice Mayor Judy Kleinberg, decided to abstain from the discussion because she owns Google stocks. Although the number of stocks she owns does not legally limit her ability to vote on the issue, Kleinberg said they give her the appearance of a conflict.

That surprise announcement forced council members Bern Beecham and Yoriko Kishimoto -- who favored moving forward -- to ask for the delay. They're hoping there will be new council members able to vote on the issue in January, after the election.

Kleinberg's decision delayed the vote because of a technicality in city law. According to City Attorney Gary Baum, a fixed majority of the full council (five) needs to vote in favor of contracts. Since Cordell had already expressed a desire to not seek proposals, there would not have been enough votes to sign a contract.

The issue will now return to the new council in January. One of the council members abstaining on the issue, Vic Ojakian, will not be on the council because he will be termed out of the seat. Another, Jack Morton, is running for re-election. Ojakian, Morton and Councilwoman Dena Mossar abstain on the Internet issue because they or their families own stock in telecommunications companies.

In a related decision Monday night, the council decided not to extend a 66-home trial of fiber-optic technology. In July, the council voted 6-0 to end the trial this year. Since then, trial participants formed a nonprofit, hoping to keep the equipment in their homes and the technology running. Some council members wanted to also delay that decision about the trial until January.

Keeping the trial going would distract the council from the larger objective, Beecham said. Since he opposed it, the council would not have five votes to keep the trial running after Dec. 14, when the contracts for the trial expire.

One of the trial participants, Marvin Lee, disrupted the council's lengthy deliberation with angry asides. After the discussion, Lee called Beecham a "turncoat."

Staff Writer Bill D'Agostino can be e-mailed at bdagostino@paweekly.com.

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