HomeMy WebLinkAbout2018-02-08 Human Relations Commission Action MinutesADA. The City of Palo Alto does not discriminate against individuals with disabilities. To request accommodations, auxiliary aids or services to
access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
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HUMAN RELATIONS COMMISSION
Thursday, February 8, 2018
Community Meeting Room
Palo Alto Civic Center
250 Hamilton Avenue
7:00 PM
REGULAR MEETING
ROLL CALL:
Commissioners Present: Alhassani, Brahmbhatt, Chen, O’Nan, Lee, Chair Stinger
Council Liaison: Council Member Wolbach
Staff: Minka van der Zwaag, Mary Constantino
I. ROLL CALL
Chair Stinger: Welcome, thank you all for coming. This is our first HRC, Human Relations
Commission, meeting for 2018 and we’re kicking off the new year in grand style. I appreciate
you all being here. I’d like to begin with roll call, please Mary?
II. AGENDA CHANGES, REQUESTS, DELETIONS
[The Commission heard oral communications first.]
Chair Stinger: Oh, I see I went out of order. Any agenda changes, requests, deletions?
[The Commission moved to business item one.]
III. ORAL COMMUNICATIONS
Chair Stinger: Oral communications, the public is invited to speak on any item that is not on the
agenda and I have two cards, the first is David Carnahan.
Mr. David Carnahan, Deputy City Clerk: Thank you, Chair Stinger, Commissioners and
members of the public. I’m David Carnahan in the City Clerk’s Office, and I am here tonight to
talk about Board and Commission recruitment. As these folks know, this is a fantastic way to
help influence your community and help continue making Palo Alto the great place that it is. The
City is currently looking to fill one term on the Historic Resources Board, three on the Human
Relations Commission, three on the Public Art Commission and two on the Utilities Advisory
Commission. So, even if you don’t feel that maybe you necessarily want to fill that role, if you
think of a community member that would be a good fit, definitely encourage them to apply.
Applications are available on the City’s website; www:cityofpaloalto.org/clerk, and applications
ADA. The City of Palo Alto does not discriminate against individuals with disabilities. To request accommodations, auxiliary aids or services to
access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting.
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are due March 20th. There will some fliers in the back for anyone to take and also
Commissioners, your homework is to take the flyer home and encourage at least two community
members to apply one of these Boards and Commissions. Thank you.
Chair Stinger: Thank you, David. If we can comment, please consider the HRC with some
priority. Cherrill Spencer, please.
Ms. Cherrill Spencer: Good evening Human Relations Commission and members of the public. I
am Cherrill Spencer, I’m a resident of Palo Alto for the past 43-years and I’m the coordinator of
the Disarm Peace Committee of the Palo Alto branch of the Women’s International League for
Peace and Freedom which we call WILPF for short. Our branch has been working on peace and
justice issues for the past 95-years, continually; not myself. Looking at the mission of the Human
Relations Commission, I notice that it is to promote the just and fair treatment of all people in
Palo Alto. Particularly more vulnerable populations so I think it is appropriate that I address you
this evening about the terrible threat of nuclear weapons; which make the whole population of
Palo Alto vulnerable to an awful death if a nuclear bomb were set off in our City or even within a
few miles of our City. There are over 1,500 nuclear weapons in the world today owned by nine
nations; about 3,700 of them are deployed and ready to be delivered by the USA and Russia.
Intercontinental Ballistic Missiles, ICBMs, can deliver multiple bombs after traveling through
the sky for thousands of miles. The latest Russian Sarmat Missile carries twelve bombs
equivalent to 40 megatons and is reported to be capable of wiping out parts of the earth the size
of Texas or France. That means that just one ICBM could wipe out all of Northern California and
such an act is contrary to international law which says that civilians should not be targeted by
weapons during a war, only military combatants. The mission of the international organization
called Mayors for Peace is to raise public awareness around the world regarding the need to
abolish nuclear weapons. Not unilaterally but as 122 nations who signed the United Nation’s
treaty on the prohibition of nuclear weapons last July the 7th. They intend that every one of the
nine countries who own these awful weapons of mass destruction dismantles them and the world
ends up with none. The members of Mayors for Peace are cities, not just Mayors, and currently,
it has 7,439 members in 162 countries. Including 211 in the US, 32 in California and amongst
them is Berkeley, Carmel by the Sea, Los Angeles, Santa Cruz and so on but not Palo Alto. We
belonged from 1985 to 2013 when our then Mayor decided without consulting the City Council
to pull us out. So, Mayors for Peace organizes a significant grassroots effort to urge governments
towards a world free of nuclear weapons. I addressed the City Council a couple of times last year
about rejoining Mayors for Peace and I was not able to get it on their busy agenda, and I have
been advised that your Human Relations Commission might be able to ask for this topic of
returning for Mayors for Peace to be added for a future City Council agenda. Last year’s Mayor
visited three of our sister cities in Europe, I have established that Heidelberg, Germany where he
visited to sign a new sistership and an Enschede in the Netherlands an existing sister city, are
members are Mayors for Peace. Furthermore, the Mexican City, which has been our sister city
for 54-years in which the Mayor visited last October, is also a member of Mayors for Peace. In
all, four of our seven sister cities are members of Mayors for Peace and the fourth being
Tsuchiura in Japan. I find it a source of embarrassment and I hope you do too…
Chair Stinger: Can I ask you to finish..
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access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
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Ms. Spencer: … that these sisters are members of Mayors for Peace and we are not. So, I am
asking for your assistance in getting this awful situation of not belonging to Mayors for Peace to
get it on to the agenda of the City Council. I have got copies of my speech here which I can leave
for you, thank you. Oh, and there’s a lot of people here who agree with me, hands up.
Chair Stinger: Thank you, I appreciate that, and I hope you will leave the copies for us. I just
want to clarify and I should have done this before we spoke that as oral comments are made, we
cannot speak to them. We appreciate you being here and I want to thank you but I can’t address
them tonight. We have one more speaker and that’s Roberta Ahlquist. Is that what you held that
timer too, three minutes? Good, I’ll ask you to hold it to three minutes also.
Ms. Roberta Ahlquist: We’ve been to the City Council, Women’s International League for Peace
and Freedom, to ask for some kind of protection for renters. This is one of the few cities in the
area in which we live where there is no control for rents. We have received numerous complaints
from landlords who are increasing the rent up to 300% in one year. The Human Relations
Commission/City Council resolution 9653 addresses hate crimes, discrimination, assault, and
fear. Many of these tenant’s fear speaking out so we’d like to ask you to develop a survey, an
anonymous survey of the city renters to find out just how severe this issue is. We have received
complaints on a regular basis. In fact, not far from here a 14-unit apartment complex which had
mostly one-bedroom unfurnished apartments that went 3-years ago for $800.00 is now up to
$2,850 a month. All of those tenants who are workers in the city or older people retired; a
woman who is retired with her older mother, for instance, all of them were forced to leave and
many of them had to leave the city. We need some kind of protection for renters; these are
discriminatory acts where people can greedily raise rents to the highest market rate. So, if you
could consider providing assistance to us to do a citywide survey anonymously of tenants who
are receiving regular and not very regular rent increases, we’d really appreciate it. Thank you.
Chair Stinger: Thank you.
[The Commission moved back up to agenda changes, requests, and deletions]
IV. BUSINESS
1. Review and consider ad hoc committee report to Council on an ordinance related to the
Convention on the Elimination of all forms of Discrimination against Women.
Chair Stinger: We’ll move onto our agenda and agenda Item One is the review and consideration
of the Ad Hoc Committee recommendation regarding CEDAW. As Chair, I want to just
introduce this item by saying that my goal is to reach an agreement on a motion that balances a
workable framework and addresses our priorities as a city for gender equity. Accordingly, as we
move through the material that will be presented to us, I will be focusing on a core question and
I’m going to ask the rest of the Commission to do so also. That question is what is the most
efficient process to make meaningful change for women who live and work in Palo Alto? Just for
perspective, I’d like to comment that an Ad Hoc Committee of the HRC recommended seven
programs and policy areas as an initial response to the Council’s resolution for a diverse,
supportive, inclusive, and protective community. Gender equity is one of seven which the HRC
is carrying forward and which demand our attention. A policy recommendation under gender
equity was to look at an ordinance, a step up from a resolution and assessing the value and
ADA. The City of Palo Alto does not discriminate against individuals with disabilities. To request accommodations, auxiliary aids or services to
access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting.
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implication of that ordinance is our task under this agenda item this evening. Our process will be
a presentation by Staff, a presentation by Commissioner Lee – thank you – oral communications
and I have cards, Commissioner questions to staff and/or the Committee and Commission
deliberation. Then finally we’ll have a motion and deliberation on the motion and a vote. Starting
with staff, please.
Ms. Minka van der Zwaag, Human Services Manager: Thank you, Chair Stinger. The HRC has a
very important recommendation to consider tonight. My Staff Report was intended to provide
some general information about the Convention on the Elimination of all forms of
Discrimination Against Women or CEDAW. I want to recognize the hard work of the Ad Hoc
subcommittee on this matter so that’s Commissioner Gordon-Gray before she left the Committee
and moved out of state, Current members are Chair Stinger and Commissioner Lee who have put
an enormous amount of work and time into this matter so thank you. My report was intended to
give some basic information about CEDAW for your review which what is involved in
committing to an ordinance, what other entities in which past CEDAW have done and lastly my
analysis. As I stated in my Staff Report, I am fully in support of gender equity and am pleased
that the Human Relations Commission has lifted the matter as a focus on its work plan. After
spending much time reviewing the CEDAW framework, I wanted to pass along the following
concerns, questions and comments for your consideration during your deliberation. First is the
time commitment, the commitment of the HRC and staff time needed to implement the initial
and ongoing work connected to the ordinance are not completely known and look to be quite
significant; which could draw HRC and Human Services staff away from other core functions
and priorities. The question of an ordinance, an ordinance is essentially a local law. Although it’s
said to be flexible, the CEDAW framework in its implementation, it is still a local law which the
city would be bound to uphold. I believe the work involved in the mechanics of setting up and
upholding the ordinance may take time away from other efforts to make a meaningful impact on
gender equality so the taskforce that is required as far as CEDAW. One comment that I included
in my Staff Report that I wanted to include tonight is asked that when the HRC consider the
question of a taskforce as mentioned in the Ad Hoc CEDAW Committee report, they have the
option of having the taskforce report to the HRC or to the Council. I’m sure there are other
options that may be out there but those were the two that are usually present in this type of a
situation. Just wanted the HRC to be aware that if it’s a taskforce that is reporting to the HRC,
then the HRC would be responsible for overseeing the work of the taskforce to conduct the
gender analysis, analyze the results and prepare a report and recommendation for Council
review. I don’t want to understand that this would be a huge responsibility that you should
consider. The city does not need an ordinance to conduct any type of gender equity study within
city operations. You know when I checked with our Human Resources Office on this matter,
they say they do periodic checks into gender-based pay equity in the city and make
recommendations for increases when needed. Since the HRC and city staff time is limited, I
would like to suggest that the HRC check with members of the public as to what actions on
gender equity issues would be most impactful for them. Otherwise, the HRC is making
assumptions for actions based on perceptions perhaps. There can be meaningful avenues for
impact short of an ordinance, such as a resolution or even what the HRC is working on to hear
the concerns of the LGBT community with your listening forum that’s coming up in late March.
So, staff encourages the HRC to discuss and consider the following questions during their
deliberations. What are the HRC goals -- I would add the communities – in regards to gender
ADA. The City of Palo Alto does not discriminate against individuals with disabilities. To request accommodations, auxiliary aids or services to
access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting.
Page 5 of 52
equity and is CEDAW the right mechanism to reach these goals? Does the HRC have the
bandwidth to fully commit to the initial and ongoing work associated with a CEDAW ordinance,
as well as other core responsibilities and special projects? The third is just a question again if a
recommendation on CEDAW is forwarded to the Council, does the HRC want to recommend
that the taskforce suggested in the Ad Hoc Subcommittees report reports to the HRC or not? So,
that is my report and again, I want to reiterate full appreciation for the subcommittee’s work and
full support for the matter of gender equality in the community and look forward to hearing your
deliberations.
Chair Stinger: Thank you. Commissioner Lee.
Commissioner Lee: Before I begin I just want to thank all of the extraordinary women in this
room and on this Commission, who have worked for so many years on gender equality issues.
Many of you have been working on these issues for longer than I’ve been alive. So, while I’m
putting forth this recommendation, I’m really standing on the shoulders of some extraordinary
women and men who have worked on this issue for quite a long time. So, I’m very privileged to
do my small part to further that cause here in Palo Alto. Instead of repeating what’s been
mentioned in the Committee’s memo, I’m going to confine my presentation to some of the
questions raised by staff and hopefully provide some clarification to my fellow Commissioners
before we discuss the recommendation in going forward. Regarding the goals of the
recommendation, I think we can all acknowledge that there are gender equality issues in Palo
Alto. There are gender equality issues that purvey in our community at large, there’s no
disputing that. You just have to look into the news or your own experiences to know that is an
issue so I don’t think that’s anything that we can dispute. What we do need to look into is the
extent to which gender equality is a problem in this community and how it manifests itself and
what we can do to actually address those issues. That’s precisely what this recommendation
seeks to do, is to study how gender equality issues manifest itself in Palo Alto and to have a
discussion with the community to identify policies and other initiatives that actually address
those issues. With regards to the specific mechanism that we have proposed, the Cities for
CEDAW initiative approach is nothing unique. The Cities for CEDAW initiative basically
recommends that cities conduct a comprehensive analysis of city operations in terms of its role
as an employer, it’s role as a policymaker, it’s role as a program and service provider in the
community and just analysis all of its various functions as the city on a comprehensive basis as a
way of analyzing the problem and then seeking solutions for those problems. So, whether Cities
for CEDAW or CEDAW existed, I think any approach to solving gender equality issues would
adopt a very similar approach which is analyzing the problem and then going from there to
identify solutions. With regards to the bandwidth question presented by staff, I know this
Commission has a whole slate of issues that it’s very passionate about and the aim of the
recommendation on the table is to really help leverage existing resources so that we can do more
with less. By establishing a separate gender equality taskforce, it will enable us to look at gender
equality on a comprehensive basis throughout the city without necessarily tying down the
resources or the time of this body and allows us to leverage the tremendous expertise and passion
and experience that we have in this community to help identify solutions to these issues. So, I
think today, it’s 2018, women have waited long enough for the city to make this a priority. I
think given the current political and social climate now is time for us to take a very
comprehensive look at how we can address all of these gender equality issues. It may take a little
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access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting.
Page 6 of 52
bit more time to do a comprehensive study but I am firmly convinced that it will lead to more
sustainable and systematic reform and change that will impact the women who work for us, who
live in this community, and who work in this community in a very profound and significant way
that goes beyond some of the prior initiatives that the Commission has taken. I think if we really
want to make a change in this community we need to examine what we are doing as a city in
terms of all of the different functions that we serve and use those tools as a way to address these
issues in our community in a very comprehensive and deep fashion. So, I look forward to the
discussion from my fellow Commissioners and I hope that we can come to a consensus this
evening. I just want to make one thing clear so the recommendation on the table would ask City
Council to direct staff to look into drafting an ordinance which would set up a taskforce to study
these issues. The precise structure and scope of that taskforce and that gender analysis are to be
determined. I think there are certain questions such as staff and budgetary resources which need
to be asked of staff which is beyond the purview of this Commission. So, the recommendation on
the table is not asking us to pass a set ordinance this evening but rather asking Council to have
staff look into it and then come back with an actual recommendation for this body and Council to
review. So, at that time we’ll have another chance to weigh in and determine, based on the
resources available within the city and within the community, what sort of effort can we
undertake? I hope that this Commission will take that in mind and that this is just one step in the
very long process but there certainly will be plenty of time for us to weigh in and really evaluate
whether this is the right approach. Also, I just wanted to mention that while this approach asks
for an eventual ordinance, I don’t want us to get bogged down by it. There’s a way to draft an
ordinance in such a way that it would merely set up a taskforce in the same way that the Council
might create a new Commission charged with setting particular issues within this community.
So, while it is local law, it can be drafted in such a way that it limits the city’s responsibilities,
limits its liability and such so don’t let the fact that it’s called an ordinance detract you from
authorizing a body of community stakeholders to undertake this important work. I look forward
to having a discussion with you and hearing from the public on this.
Chair Stinger: Thank you very much. Do I have all the cards? I have eight cards and I’m looking
forward to hearing from the community. I’m going to ask that each speaker take two minutes and
I’ll begin with Adrienne Murphy, please.
Ms. van der Zwaag: You can go there and as long as the red light is on we’ll hear you.
Ms. Adrienne Murphy: Somehow over the last year while this work has been going on with
CEDAW, I was engaged with Greg Scharff and Carla [Medda] on this same issue around gender
equity. We looked at the CEDAW program and huge respect to San Francisco, San Jose, and Los
Angeles for making it work. They each have invested in staff, they get paid the city in order to
make this gender equity a reality and I’m not sure that Palo Alto can afford that. So, when we
looked at CEDAW and said maybe that’s not the right answer, we went onto EDGE which is an
organization out of Switzerland which comprehensive for a lot of the lack of process and lack of
resources that cities have when they come to – sorry, I’m nervous because I’m running out of
time. I thought I had five minutes so I’m shortening my sentences. This is a really important
issue, it’s a really important issue for me, it’s a really important issue for my son and my
daughter when they grow up. I don’t want to wait two years for the city to get through an
ordinance, to get through a taskforce and go out and do research when there are organizations
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access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting.
Page 7 of 52
like EDGE out there that could be folded into this process. So, they have an 18-week gender
equity study that the city can do, it will cost $25,000 and about 3 ½ people hours over those 18-
weeks from the city. So, congratulations for bringing gender equity and CEDAW to Palo Alto
and I hope that as you continue the conversation, you’ll think about adding EDGE in as part of
your process. Oh, I do? Oh wow.
Commissioner O’Nan: Tell us what EDGE is.
Ms. Murphy: EDGE comes out of Davos and it is the economic dividends for gender equality. It
was founded by the daughter of Schwab and what they’ve done is they brought minds together
from all of the gender universities around the world and put together a repeatable process. There
are three steps in their analysis, the first one is peer gender equity in terms of numbers but they
are not looking at just who’s in leadership, they are looking up promotions, and they are looking
up pay scales. The second stage is they look at policies and then the third one is they go out to
the community of workers or people who live in the community to find out how do you
experience this policy in compared to how the policy is actually written. At the end of that 18-
week process, Palo Alto would be given a gender equity seal which I think would be awesome
for the city to be the first one in the United States to say we’re committed, we’re doing. The seal
is based not achieving particular numbers but, on the fact, that the city has committed to the
process. Now I think that CEDAW has – I’m done.
Ms. van der Zwaag: Thank you. Our timer is not very loud so I might just hold it up when the
time is up instead of interrupting people because that doesn’t feel nice.
Chair Stinger: Leah Russin, please.
Ms. Leah Russin: Good evening, thanks for having a public forum tonight to talk about this, I
very much appreciate the opportunity. I personally am deeply committed to gender equity along
with racial equity and the idea that Palo Alto, as a city, needs to make a priority of supporting
those who are inequitably treated and those who are less privileged. To me, there is a huge value
in the nomenclature of CEDAW. There is a history of decades of work done by many, many
women around the world and having Palo Alto commit and affirms that work, has value. I
understand that there’s a huge commitment of resources and the exact scope of that work that
would need to be done to become a CEDAW City seems to me, frankly an open question. It also
is something that is probably quite malleable and the extent to which Palo Alto commits
resources is an affirmation of the extent to which we value equity for women. I think that is
something to consider and I think that we need to reflect on what we have to tell our children
about how we chose to spend our money. I understand that we, as a city, have a lot of needs, we
have a lot of things that we want to be and want to do but equitable should be right at the top of
the list. So, thank you, you’ve all received my letter so I won’t repeat those points but I think the
value of standing on the shoulders of CEDAW is something that we should not overlook and an
opportunity that we should not pass up. Thank you.
Chair Stinger: Thank you very much. Lisa Ratner, please.
Ms. Lisa Ratner: Hi, I’m Lisa Ratner from League of Women Voters, and I’d like to read a letter
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access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
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Page 8 of 52
that we have submitted in support of the proposal. The League of Women Voters at its national
state and local levels believe that no person or group should suffer legally, economic or
administrative discrimination and that due process should be forwarded to all persons including
the right to a fair hearing, right to counsel, right to appeal and right to humane treatment. The
League of Women Voters also supports the ratification of the United Nations Convention on the
Elimination of all forms of Discrimination Against Women; CEDAW. In December of 2016, the
League of Women Voters in Palo Alto urged Palo Alto City Council to adopt Resolution #9653,
reaffirming Palo Alto’s commitment to a diverse, supportive, inclusive and protective
community which the City Council did. Accordingly, the League of Women Voters of Palo Alto
supports the recommendation to forward to the city the consideration of a local CEDAW
ordinance as described in the Ad Hoc CEDAW Committee memo. Thank you very much.
Chair Stinger: Thank you. Cherrill Spencer, please.
Ms. Spencer: Hello, I’m still Cherrill Spencer and I’m still speaking on behalf of WILPF. I first
learned about the Convention on the Elimination of all forms of Discrimination Against Women
in 1985 at the United Nations Conference at the end of the UN Decade for Women which I was
privileged to attend in Nairobi. I’ve been educating the public on and off about it ever since. It
has been described as a sort of bill of rights for women in that it quite comprehensively describes
the types of discrimination that can be made based on sex or gender and the need to counteract
them and provide remedies. Let me read you what (inaudible) article one describes, is says it
describes sex discrimination as distinguishing, exclusion or restriction made on the basis of sex
which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise
by women of human rights of the fundamental freedoms in the political, economic, social,
cultural, civil or another field. We’ve been waiting since 1979 for the United State Senate to
ratify the UN treat. It’s one of the five or six countries that have not ratified it so we’ve decided
we’re tired of waiting, we want a local effort to make the changes we want in our communities.
There’s a lot of things in the convention that we can take and customize to what we want to see
in Palo Alto. The reality is that there is discrimination against women both individual,
systematic, intentional and unintentional hear in the city. The convention also wants to get rid of
bigotry in all forms; this is all in my speech that I’ll give you. So, WILPF would draw particular
attention to the issue of affordable housing and low-income housing in Palo Alto which impacts
women strongly. We want an ordinance that produced to ensure that women that are given equal
access to affordable housing. With all this in mind, our branch of WILPF passed the following
Resolution in December – the Palo Alto – Ok, I have got a copy of the Resolution and you will
each get a copy of it. Thank you.
Chair Stinger: Thank you for coming with the copies. Gail Stucky, I hope I pronounced that
correctly.
Ms. Gail Stucky: You did. My name is Gail Stucky and I’m not of an organization, I’m just a 40-
year resident in Palo Alto and I heard about this and…
Commissioner O’Nan: Please make sure you speak into the microphone.
Ms. Stucky: Sorry, I’ve never done this before. I’m just a 40-year resident of Palo Alto and I just
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access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting.
Page 9 of 52
think it’s important, and I think it’s important to be made an ordinance. I’m hearing words that I
guess I’m kind of shocked when I heard yes, it’s too much time; too much money. We spend a
lot of money in this town. I have granddaughters and all I can say is I can’t look them in the face
and tell them that a survey on a light pole is more important than gender equity in their lives. I
guess I’m shocked by some of this and I’m mostly shocked by I’m part of Next Door
Neighborhood and emails going out where a lot of women are saying this is not important. There
is no discrimination in Palo Alto, we don’t need to talk about it, women will just call it out and I
didn’t even know how to respond to other women thinking that. So, I guess I’m here today to
encourage you to make this an ordinance, make it important because if we don’t put ourselves
behind it and our money behind it, it won’t be important. I mean as I said I’ve been here for 40-
years so I guess thank you.
Chair Stinger: Thank you. Shelly Kosak, please.
Ms. Shelly Kosak: I’m not going to speak.
Chair Stinger: Ok, then Mary Jane.
Ms. Mary Jane Marcus: Alright, hi, my name is Mary Jane Marcus, and I grew up in Palo Alto –
well, kind of in Palo Alto and moved back in 2003 and went to Palo Alto schools I guess. I just
want to really support the CEDAW measure and in particular, because I’ve seen in other cities
that have implemented this, I think to have someone who represents CEDAW with the city – you
can contact me. I’m happy to raise money for this position and a lot of us would help contribute
to this so that we can have a part-time person who’s really focused on this. To me the reason why
it’s so important -- I’m glad all the people who brought this up because I’m just showing up
tonight – is I think women in Palo Alto are not necessarily thriving right now. It’s a really
stressful life here in a lot of ways; financially and just it’s a very – the tech culture is a very
strong male culture and it’s come to dominate Palo Alto. I think that’s had a huge effect on
everyone and so I guess I just urge us to pass this measure and also to start prototyping. Let’s
benefit from tech, we don’t need to study everything for two years and not just eliminate
discrimination. I worked at a Stanford restaurant last year and faced severe sexual harassment
there so I know a lot of restaurant workers face a lot of issues but also just let’s help women
harness the amazing energy; just like they give women money and microenterprise. I think we
need to harness the energy of women in Palo Alto to strengthen this community. A lot of us want
community space, I’m working on opening a community space but most of the landlords are
male, most of the property owners are male so we have a historical gender discrimination here
that makes it harder for women to contribute. I just urge us to work on this and happy for
everyone to be here tonight and yes, let me know what I can do to help and you can start by
eliminating fees for renting Mitchell Park as just a starting point to make it easier for people to
just even gather and organize and build a better Palo Alto. Thanks.
Chair Stinger: Thank you, Mary Jane. Roberta Ahlquist, please.
Ms. Alhquist: First I’d just like to finish her sentence about the Resolution for those of you who
are not at the Council meeting. WILPF proposed a Resolution that the Palo Alto Peninsula
Branch of the Women’s International League for Peace and Freedom heartedly support the
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Page 10 of 52
actions of the Palo Alto Human Relations Commission towards the adoption of a CEDAW
ordinance in the City of Palo Alto. In particular, WILPF urges the City Council to direct staff to
research and draft a CEDAW for this HRC and City Council consideration. I would like to speak
to a couple of points that have yet to be addressed. One is that how many of you know what the
disparity is between men and women’s pay in this country? Anyone? A guess? (crosstalk) It’s 82
cents per dollar and that’s gone up in the last 20-years about 10-cents – 20-years, 10-cents so we
live a very wealthy, predominately white, male-controlled city. If you look at the demographics
of the city, there are a lot of people who just can’t afford to live here even the people who work
in City Hall, including high paid professionals. I’ve done a little semi-survey in the building and
they would like to live here but they can’t afford it even people making $150,000 so this notion
of inclusivity and equity, racial equality and gender equity is not something new. We want a
more multi-cultural, more multi-ethnic city and we’d like to have the people who work here like
the janitors and the City Clerks and whoever else works for the city and in the city to be able to
live here. I would like to know if the city has published this survey on gender equity. I have not
seen a…
Chair Stinger: Can you come to a conclusion.
Ms. Alhquist: I’m sorry?
Chair Stinger: Can you come to a conclusion?
Ms. Alhquist: Sure, but I would like an answer to that. I have not seen anything that says the
city’s done any kind of surveys on gender equity. I’d like it to be made available. There’s a
Tenant-Landlord Mediation Board, I’m very familiar with it, the city has it and it has no legal
teeth at all. Generally, tenants go and they say well, it was just a waste of my time so expose
yourself some kind of legal basis is important. Thank you.
Chair Stinger: Our last card is Janet Cook.
Ms. Janet Cook: Hi, thank you to the Commission and to the public. My favorite sign at the
Women’s March not too long ago was one that said ‘I can’t believe I’m still marching for these
issues’. In 1980ish, I was a leader of the Palo Alto National Organization for Women, we
approached Palo Alto for the purpose of dealing with what we call then comparable wealth and
salaries. We had limited success but some success and its past time we talk – took care of this
issue and I thank you for your efforts in that behalf. I speak in support of CEDAW Resolution
and there are ways to make this financially viable. This is a smart body, this is a smart city, these
people out here are smart, that just cannot be the reason this isn’t done. Thanks.
Chair Stinger: I just want to thank each of you for taking the time to come. Some of you to listen,
some of you to speak, all of you to speak passionately, factually; it’s very thoughtful of you and I
appreciate it and it reinforces the work that we’re doing and that we spend time on. I just have to
say thank you. This discussion comes back to the Commission now and at this point, we can
have questions of clarification to Commissioner Lee or to Staff.
Commissioner O’Nan: I’m still puzzled about how the taskforce would work. Someone has to
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Page 11 of 52
lead it, manage it, and develop the report and who is going to do all that?
Commissioner Lee: So, assuming – I had notions as to how I would set up the taskforce but the
Committee felt that it would be most appropriate for either this body to weigh in on how they
would like to see the taskforce set up or to refer that question through the Council to staff. So, I
assume we have notions as to how I would set it up but there are many ways it could be set up.
The idea would be to leverage the tremendous expertise and resources we have in this
community. We have so many experts here in this room, at Stanford and at non-profits and at
law firms throughout this community. We have one of the highest concentrations of law firms in
the Bay Area. As a lawyer, I’ve already reached out to some of my lawyer friends who specialize
in this kind of issue and who are passionate about finding ways for them and their law firms to
get involved. I’m sure that there are student organizations on campus and other groups in the
community and individuals who would be more than qualified to help us do that. So, the
taskforce would really help us add to our existing expertise and human power as I call it or
people power beyond what the Commission itself could do. Certainly, at this point, we are
leaving that up to staff as they are drafting something to propose how they would set up that
taskforce.
Chair Stinger: Commissioner Chen.
Vice Chair Chen: Yes, Commissioner Lee I just had a question about what is the actual process -
- step 1, 2, 3, 4 -- in your plan to get this -- the work done. Then we could think about resources
and we have people who even want to raise money for us. So, that’s a good point to start to see
how you do it exactly.
Commissioner Lee: I think the first step is we need to identify the resources that the city has and
is willing to dedicate to this effort to do a gender analysis. Once we have identified those
resources or to the extent that Council wants to add additional resourcing or staff, from there we
can figure out what additional support do we need from the community. Then combining both
city and community resources we can figure out what is the scope of work that the taskforce
would do. So, at this point, the next step is really an exploratory one and that’s what the
recommendation focuses on. It asks Council to direct staff to explore this issue more thoroughly
as to what resources are available and once we’ve identified that question – once we’ve
answered that question, we can determine to what extent can the taskforce do X, Y, and Z.
Vice Chair Chen: The taskforce members, how do you draw the taskforce members? From the
city? From the community?
Commissioner Lee: So, assuming I have notions as to who I would like to see on a taskforce but
again, the recommendation is to ask staff to put together its recommendation of who they believe
should be on the taskforce; taking into consideration existing resources and resources we have in
the community. I would envision that it would involve various stakeholders from the community
as well as members from this body.
Vice Chair Chen: My question is staff and the city, they have their own duties right and this is
additional duties for them to do. How are you going to generate the funds to support extra staff to
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Page 12 of 52
do this kind of work?
Commissioner Lee: So, that’s part of the question that we’re asking staff to look at as to what
resources can they dedicate to this? Are there existing resources? Do we need additional
resources and once we’ve answered that question, then we can narrow down what can we
actually do as a gender equality taskforce? So, I think that’s the next question that we need to
answer, it’s not an answer that this body is equipped to handle and it’s one that we need Council
to direct Staff to answer for us.
Vice Chair Chen: Alright, thank you.
Commissioner Lee: When the staff comes back to us and identifies what resources are available,
this body I envision would have a second opportunity to weigh in as to is this the right path
forward to address gender equality issues? To what extent do we want this taskforce to do X, Y,
and Z? So, certainly, this body will come back and re-evaluate it once staff has examined it
further.
Ms. van der Zwaag: I think if the Council directs the issue back to the HRC, then the HRC would
have weighed in on what happens then. If and when the Council deliberates, it could decide well,
we actually want the taskforce to report to us. Its first step would be city staff look into this a
little bit more, provide us with some options and as staff, we will certainly work at the direction
of Council to look into that and to provide the Council with a full report of options that they can
consider. Then make the policy decision that we as staff would then implement.
Commissioner Lee: Did I fully answer your question?
Vice Chair Chen: Yes.
Commissioner Lee: Great.
Chair Stinger: Other questions?
Commissioner O’Nan: Yes.
Chair Stinger: Please.
Commissioner O’Nan: I’m still really uncomfortable with the way that the Ad Hoc Committee’s
report was laid out. It feels to me like we’re trying to punt the ball over the Council who I can
already tell you – I mean I don’t know if our liaison wants to jump in here – is way, way, way
too busy to take on something like this. They are going to wonder why the HRC isn’t doing it
and why we’re trying to give it to them. Two, staff is super busy and we’re under staffed in many
departments and they don’t have time to take this on either. Three, we’re what, six million
dollars in debt as a city. We don’t have any room in the budget right now to do this so this is all
long-term doable, I agree but in the short term, I already know there isn’t the staffing, there isn’t
the resources, Council doesn’t want to do it. It’s really an HRC issue, if we want to do it we’re
going to have to do it, the seven of us, three of whom are terming out so we’re going to have
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Page 13 of 52
brand new members coming. They didn’t agree to this project and I’m not really seeing
realistically how we’re going to get this thing off the ground.
Commissioner Lee: To give you an – whoops, sorry, did you want to…
Council Member Wolbach: After you.
Commissioner Lee: To give you an example, in Cincinnati when they adopted a similar
approach, they leverage $8,000 in city funding and got over $25,000 in-kind contributions from
the community (crosstalk)…
Chair Stinger: Can we – let’s see, keep it down.
Commissioner Lee: …to conduct their analysis and they got other folks in the community to help
do the study. So, my initial recommendation really assumed that there weren’t any significant
city resources to dedicate towards this. So, my initial recommendation tried to take that into
consideration and would depend on our ability to leverage community buy-in and resources.
We’ve kind of modified that to leave that question up to staff and Council to decide. If Council
does find this a priority which I believe they should, then perhaps they would dedicate resources
to it, not lessening the other budgetary priorities. They may find that it’s less of a priority and say
these are the resources that we can dedicate towards it, take it or leave it, see what additional
support you can get with the community. So, I’m very sensitive to that concern and that’s why, at
this point, instead of presuming one way or the other, I would like Council to weigh in on it as to
whether they find it a priority and to direct staff to identify resources that we could potentially
leverage to do this.
Commissioner O’Nan: It would be interesting to hear from our Council Liaison.
Chair Stinger: Please.
Council Member Wolbach: Thank you for the opportunity to weigh in. I think this item will
dovetail nicely into the following item on tonight’s agenda. Just to go back or ahead to that one,
remember this Resolution that we passed in 2016 said the City of Palo Alto will promote actual
safety, sense of security and equal protection for the constitution on human rights leading by
example through equitable treatment of all by city officials and departments. It also prior to that
said that the city will proactively work to ensure the rights and privileges of everyone in Palo
Alto regardless of religion, ancestry, country of birth, immigration status, stability, gender,
sexual orientation or gender identity. I think that this issue of CEDAW and other opportunities to
pursue gender equity in Palo Alto certainly fits within that concept. Although I think it was
included in your packet, the actual motion from that evening on December 12th of 2016, Part B
of the motion was – I think you’re familiar with the concept but I just want to make sure that
everybody remembers it was to refer the subject matter of this memorandum to the Human
Relations Commission for recommendation of implementation measures and additional elements
that should be considered by the Council in the future. In other words, how can we make this real
through action and what did we miss or what did we forget? I think this falls not into a category
of something that we missed or forgot because we did mention gender but it definitely is an
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Page 14 of 52
example – should it move forward, it would be an example of HRC fulfilling its obligation under
Council direction in one piece. I don’t think that CEDAW would cover everything that we asked
you to look into. It was a very open-ended ask to the HRC that we made in December of 2016 so
over a year ago. As one Council Member, I was hoping to see recommendations sooner than this
so I’m glad that the HRC is starting to put together substantive recommendations whatever
decisions you make about which ones to forward to Council. I am looking forward to seeing
them and hopefully more than just one. So, I think it’s absolutely appropriate if the HRC thinks
that this is a good recommendation, it is absolutely appropriate to refer it to Council as a
recommendation to bring it back to Council because we asked you for recommendations. We
asked what we can do to make this Resolution real. CEDAW would be an example, so would
EDGE or perhaps any other mechanism or program that you would like to recommend so I don’t
think it’s inappropriate to bring it forward. As far as staffing, cost, those are things that Council
will have to consider but if it’s the right thing to do in pursuit of something the Council has said
is a priority for us through our Resolution in December 2016, I hope that the HRC won’t prevent
Council the opportunity to hear your recommendations. The balance of what we pay for, what
we don’t pay for, what we pay for this year, what we pay for next year, do we hire additional
staff, do we turn to the community as we did with the Children’s Museum and Zoo where the
city is putting in $7 million but the community put in $25 million. All those options are things
that the Council would have to wrestle with, with any recommendation. There is always a cost
but I hope the question you’re considering is whether it’s a good policy for the city to consider
and let us figure out how we’re going to pay for it or whether we want to differ it for a year until
we figure out how to pay for it.
Commissioner Lee: Just to…
Commissioner Lee: … to address a point that the Council Member brought up, establishing a
separate gender equality taskforce would enable us to identify potential policy recommendations
or other recommendations for the Council’s consideration in a more timely manner. Obviously,
this body only meets once a month and gender is one of many issues under our purview. So, by
establishing a separate gender equality taskforce composed of people who are quite honestly a bit
more expertized on this subject matter than we are, we’re leveraging the energy in the
community to help do our job to really bring these recommendations to the Council in a more
time fashion and in a more comprehensive fashion. While it is a lot of work, I think it helps this
body do more in a shorter period of time than we could otherwise do on our own or with only
City resources.
Chair Stinger: You have a question?
Commissioner Alhassani: I actually have a few questions if that’s ok.
Chair Stinger: Please, we’ve spent hours on this, days and we would like to see more – I can’t
believe there aren’t more questions so go for it.
Commissioner Alhassani: First, to echo what Commissioner Lee said, thank you all for coming
and especially a lot of you are a part of Chapter organizations here that are doing really great
grassroots work. Again, to echo what Commissioner Lee has said, on one hand, we’ve made a lot
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Page 15 of 52
of progress on gender equality but today I saw a picture of woman who was abused by Senior
White House Official in the paper and it’s very sobering to show you know we’re not done. To
be clear, my line of questioning is more around clarity as to be candid from a process
perspective, I felt like I heard conflicting things a little bit. I think Minka raised a concern that an
ordinance is a law that binds us to things but that we don’t need an ordinance to do a gender
study. I think that’s what you said and then Commissioner Lee said don’t worry that it’s an
ordinance; we can still limit our liability and risk for the city. I guess I don’t understand what
ordinance means for us exactly in the scope?
Commissioner Lee: Did you want me to address them one by one or wait for you to go through
Commissioner Alhassani: Let’s start with that one.
Commissioner Lee: There is a certain way that we can draft the ordinance in such a way that it
would establish a taskforce in the same way that the Council would establish a new Commission.
They would set up a community body with certain members appointed by whomever and they
are responsible for studying X, Y, and Z. So, that would be city law in a sense that it would be in
the Municipal Code that this body exists and it has this responsibility to conduct a gender
analysis. It is law but you could have it stop there to say that we set up this body responsible for
doing the study, period. You could go a bit further and say add additional things in there to make
it stronger which I think might concern staff but you can stop it there and say this is what we’re
doing and that would be it. So, really by us setting up that taskforce and having them think about
these issues that would be fulfilling the commitment under this new city law.
Commissioner Alhassani: Has…
Ms. van der Zwaag: Can I just interject? So, the job of crafting an ordinance falls to the City
Attorney and he or she, whichever Attorney works on that, works under the direction of advice
or Council -- given by the City Council as far as when they’ve deliberated CEDAW and in
consultation with staff and so forth. That would not be up to the HRC, now if the HRC goes
forward with a recommendation for Council consideration of an ordinance, I mean you can add
in an addendum to the Staff Report information of what the HRC thinks to a point but it's really
going to Council for that general question. Then the Council gives direction to the City Attorney
to work with staff to study the matter, come up with a draft ordinance and come back. I would
agree with Commissioner Lee that different cities have done this in different ways. Some Cities
have been extremely prescriptive and there’s a draft CEDAW ordinance on the Cities for
CEDAW site which mentions twenty-five things. The City of Berkeley, theirs reads like, in my
perspective, a Resolution that is really an ordinance which it speaks to a point of – like a
resolution really speaks to the opinion and the commitments of the city to a certain topic. Theirs
really speaks to that and speaks to the City of Berkeley is committed to X, Y, Z as shown in this
city policy. I would agree with Commissioner Lee, there is some leeway in the matter; there are
some ordinances that say the taskforce goes away in a couple years. So, there is leeway but the
fact of the matter is it is a local law.
Commissioner Alhassani: What’s the difference if we made a recommendation to City Council
saying we recommend that you direct staff to have say a community group, like similar to the
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Page 16 of 52
CAC, to study gender equality? What’s the difference between that and a formal ordinance?
Ms. van der Zwaag: The ordinance would be the local law. Now the Council could, as it
deliberates this, could say hey, as a first step, could we do this? Include that in a Staff report the
findings of that community conversation, include that in a Staff Report either by itself or in
combination with a draft ordinance for us to consider. All those things could happen. It could be
that the taskforce is set up and it gives recommendations back to Council but it’s not under the
guidance of an ordinance. There’s plenty of taskforces that the city sets up, the Blue-Ribbon
Taskforce, that aren’t bounded by an ordinance. That would be up to the HRC to make a
recommendation for the Council consideration for the Council to consider and for staff to
implement. So, that’s really how it works in that effect but…
Commissioner Lee: Really, the way I see it, there’s only an upside to having an ordinance. It
solidifies or it makes it clear that this is a priority for the city but you can draft it in such a way
that it only sets up the body charged with doing X, Y, and Z. Right, it doesn’t force us to do
anything beyond that and I’ve actually…
Ms. van der Zwaag: Why ask the Commission then to consider if it only sets up the taskforce, is
it really the full intent of the principles of CEDAW because the principles of CEDAW is the
hope and of to do a whole lot of things. I would just ask you that you consider that in your
deliberations.
Commissioner Lee: Sure.
Commissioner Alhassani: I think this is an important point because the devils in the details here.
There’s going to be all sorts of rules that come with this is my guess, like is the taskforce going
to be public meetings or not? Is there going to be a Brown Act or not? I think this is important
implications for how this gets done to be clear.
Commissioner Lee: That’s highlights the importance of getting staff to weigh in on it. I actually
drafted one myself because I’m an attorney and I know how to do that sort of thing but the
consensus of the Committee was that we didn’t want to pre-judge certain aspect of it. So, we
wanted to differ to staff to actually come back with something but certainly, the intent of the
recommendation on the table is for the HRC to weigh in on any draft ordinance before it gets
implemented so that we can look at those details. So this recommendation is just asking that we
take that next step and study the issue and come back with a proposal that would become an
ordinance should we like it.
Commissioner Alhassani: Actually, one of the issues that I had though is that, tell me if I am
wrong, but that specifically the recommendation is that this taskforce or study or however the
City Council recommends that they do it, is actually going to look at specifically when they say
the City of Palo Alto, they actually mean the city government body of Palo Alto. It’s not the
actual studying of the community, is that accurate?
Commissioner Lee: The focus of the taskforce would be over areas where we, as a city, have
influence, jurisdiction, powers to effect change so there are various functions in which I envision
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Page 17 of 52
that the gender equality taskforce would look at. Certainly, one would be the city as an employer,
you know we employ hundreds of employees and certainly, we would want to be walking the
talk so to speak in terms of gender equality and how we treat our own employees. Also, there’s
an outward facing component of the city, we set policies that govern things that go on here. We
fund programs and services that thousands of our residents take advantage of and utilize. We
have all these social services which try to address certain issues in our community. We certainly,
as a city, partner with other government agencies and non-profits and businesses and individuals
so what has been laid out in the recommendation, it just identifies the different ways that the city
right now has an influence or power to effect change. I think it’s drafted in such a way that it’s
very broad but it gives the taskforce authority to look at all of those different areas and if they
discover that maybe the city as an employer is doing really well, maybe they are doing A- work,
then maybe they won’t focus on that. Maybe they will focus on the shows and programs we offer
to the community or maybe it’s they determine that we need to partner with local businesses
more or non-profits. It just identifies the different ways that the city interacts with the community
and the different tools available to us to effect change.
Commissioner Alhassani: My gut is that something more community focus is a little more
beneficial because I think that’s my guess to your point is city government itself is part of …
Ms. van der Zwaag: Save that for the…
Chair Stinger: Yes.
Ms. van der Zwaag: …deliberation time.
Commissioner Alhassani: Oh, I apologize, sorry…
Ms. van der Zwaag: If you could just focus on…
Commissioner Alhassani: … Ok sorry so then on the ordinance, we aren’t making an ordinance
that we recommend that we study with CEDAW framework, it’s just to do a study in general and
at the discretion of Council, is that accurate?
Commissioner Lee: The CEDAW framework which is pretty loose in itself recommends that you
have an ordinance that does a couple things. It sets up a taskforce responsible for doing these
things, that conducts a gender analysis, and if so deemed appropriate funding and staff to do so.
So, that’s the general framework, it’s very flexible, it’s not necessarily unique to CEDAW. If I
were going to recommend how we address gender equality issues in Palo Alto, I would
recommend that approach regardless of whether CEDAW existed because in order to understand
and address a problem you have to study it first. I think a separate body with the expertise to do
so and a time to do so would be the most appropriate way to do it.
Ms. van der Zwaag: I would just add that is certainly what CEDAW encourages but there’s not a
specific oversight body. So, if this goes forward to our Council, our Council can definitely say
yes, that those are the three areas that we definitely want staff to look into or that we want once
we have an ordinance. Those are the steps we definitely want to take or could decide on
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Page 18 of 52
something else. Just wanted to…
Commissioner Lee: One of the things they could consider is the EDGE proposal. Maybe that’s
how we do the gender analysis or maybe…
Commissioner Alhassani: That’s what I was getting at.
Commissioner Lee: So, it could be weaved into it. CEDAW is flexible enough that we could do
that.
Commissioner Alhassani: Thank you.
Commissioner O’Nan: So, are we wedded to the CEDAW framework? I mean can we do
something to advance gender equality outside of CEDAW that might be faster or more efficient
or more on point with this community?
Commissioner Lee: I think this is the right approach in the sense that it takes a comprehensive
look at gender equality. It allows us to approach the issue in a more significant and long-term
way than this Commission might be able to do otherwise by itself. I think certainly having events
that bring awareness to certain issues are fantastic and trying to educate the community on these
issues are great. There are policies and procedures and programs and funding that have long-term
consequences for how gender equality has advanced in our community that I think it’s worth us
taking a comprehensive look at it. Again, by setting up a separate taskforce to do it, that frees us
up if we wanted to do a chunk of it or a piece of something else, it allows us that flexibility to do
while having this other body who can focus on it in a more comprehensive fashion.
Ms. van der Zwaag: I would just add you can certainly do other goals regarding to gender equity
that aren’t part of the CEDAW framework but the question on the table today is the CEDAW
framework.
Chair Stinger: I’d like to take a crack at it also. One of the things is this is a continual learning
process and one of the things that were pointed out to me this weekend was that the normal
process is a resolution and then an ordinance. We have been working with the ordinance that the
City Council of 2002 passed.
Commissioner Lee: Resolution.
Chair Stinger: I’m sorry, the resolution. I am getting resolution and ordinance mixed up but not
intentionally. That ordinance never…
Commissioner O’Nan: Resolution.
Chair Stinger: That resolution never confirmed CEDAW values or committed to them. It was a
motion to ask the US Senate take action on the UN Convention. So, I t hink there are within the
CEDAW framework there is room to commit to CEDAW values and at least I’d like to explore
having the resolution and starting with a taskforce and then maybe considering maybe an
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Page 19 of 52
ordinance subsequently. That would be something I’d like to explore in the deliberation but I
think your question was are their frameworks that we can look at within CEDAW and I think
there are some important frameworks we can look at within CEDAW. Are there other
questions? Can we move on to deliberation? I don’t want to walk away from this issue. It is so
important to me that we, as a City, make a commitment to gender equity and that we do it in a
way that satisfies all of the issues on the table because it is going to affect our workload and our
thought process and our other commitments in the coming year. I want to ask each of us to
comment on the Committee’s recommendation, the Committee’s memo and the comments that
you’ve heard in oral comments. Nobody gets a pass tonight. I do want to keep us moving and
I’m going to suggest that maybe as we go through deliberations, we might be able to stay more
focused if we direct our comments to two questions. Those are: what are the most significant
actions we can take in this regard and is a CEDAW ordinance the best mechanism to achieve
these goals? I open it up for deliberation.
Commissioner O’Nan: Well, I’ll start so I was a very passionate advocate of CEDAW when I
first heard about it. I was not familiar until we had a speaker come I think a year or a year and a
half ago and that time we were told that CEDAW was going to be actually pretty easy to
implement. That there a template or some sort of a framework that we could follow etc. etc. and
so many of us jumped on the bandwagon. In the year or so since then, we’ve have dedicated
quite a bit of time as a Commission to this issue and have discovered in fact that it’s not very
straightforward. It’s not as easy as was made out to be, it’s going to be a big effort and I think
little by little we’ve gotten a bit discouraged in moving forward. Even though I think all of us on
the Commission are very committed to gender equity. I have a few concerns about the process
which I think my colleague Commissioner Alhassani also raised. We are a Commission with a
broad Charter and some of the work we do has to do with women who are being abused, beaten,
raped, and having other very, very serious issues. I’d be concerned about spending so much time
on this issues that we sort of lost track of what’s happening over here to some of our more
marginalized sisters in the community because we no longer have any bandwidth to help them.
I’m concerned about who’s going to manage all of this and I’m concerned about burdening staff
and burdening Council. I don’t have an image in my mind of exactly how this is going to work. I
think you were here on the Commission with me, last two Commissioners who did the City-wide
needs assessment about six years ago that was an enormous undertaking that took more than a
year to do. It really does require all-hands-on-deck and so I’m feeling a little overwhelmed with
what CEDAW requires. I noticed too in the background information that no city of our size has
done it. The smallest city that’s comparable to us is Berkeley and Berkeley is twice as big as we
are. So, I’m wondering if this is a solution that just doesn’t scale to Palo Alto very well and if
rather than wrestling with the CEDAW framework, we should be looking at some other way to
make a meaningful impact with gender equality. I’m a little reluctant to support the idea of
moving forward with CEDAW per say. I’d really like to look at some other options to see if
there’s a more efficient, more effective way to do this.
Commissioner Lee: If I could address the – sorry, did you want too…
Commissioner Brahmbhatt: No, you can address that.
Commissioner Lee: To address the bandwidth issue, again I think the recommendation is in light
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Page 20 of 52
of the limited time of this body and given our wide mandate, with that in mind, that’s why it’s
important that we establish a separate gender equality taskforce. Maybe based on what I’m
hearing from this Commission, it’s totally separate from this Commission and reports directly to
City Council but would enable the city to address gender equality issues in a comprehensive
fashion without tying up the HRC on that issue. There was an aspect of gender equality that we
wanted to focus on in any given year, we’d still have that prerogative but it wouldn’t stop a
separate taskforce from doing those very important and very comprehensive work. From a
bandwidth standpoint, that’s exactly why this is the right approach because it wouldn’t require
this body to totally focus on it 100%. The open question, of course, is how much staff time can
we devote to those? How much community time do we need to leverage to do something and I
think that’s what we are asking Council to direct staff to look into. I am confident that there’s
enough expertise and people power and time in this community that with a separate taskforce,
that they can get this done. Just what I’ve seen and my sense of the hunger for people to do
something on this issue other than just commenting on it on Facebook I truly believe that if we
can leverage the resource in the community, we can do more with less from us, from the city and
from this Commission.
Commissioner O’Nan: Well, I do take your point Commissioner Lee; it’s just that I think there’s
a lot of passion around the issue. I can see people wanting to come to meetings and share their
opinions but often when it comes down to doing the work over a long period of time somebody
has to develop the survey, somebody has to figure out how to send out the survey, somebody has
to compile the survey results, somebody has to write the report, somebody has to come to
Council and give the report. You start to see people sort of fall away, right? They are excited up
to a point and then it’s like well, I’ve got a family and I’ve got a job and I’ve got things to do and
we’ve got to make sure that we don’t burden Council and burden staff and then find out that
there’s nobody running this show. Somebody’s got to run the show and it’s going to come back
to us and I think we’ve got to make sure that we, having made this recommendation, don’t let it
go off the rails. It’s just very, very important and somebody’s got to be in charge and I’m still not
feeling like anybody is in charge.
Commissioner Lee: That’s a fair point and a lot of the communities who have done CEDAW,
they’ve worked with local Universities to do a lot of the work and we are blessed here to have
fantastic Stanford University here and there are other Universities in the region who would be
willing to step up. I’ve already reached out to the Women of Stanford Law group and they are
very interested in this. There are many other women’s groups on and off campus, experts who do
this kind of research for a living and so I think given that we are so close to a major University
that we can find people who are willing to make that commitment. It’s not something that can be
done overnight but anything truly worth doing isn’t easy and I don’t think we should be daunted
by that challenge. We may try and end up failing but I’d rather us does that than not try at all. So,
I’d like to give this community a chance to do it and as I mentioned, it’s really going to come
down to our ability to leverage that community support. I’m willing to go out on a limb and say
that I’m willing to put in the extra effort that is needed to lead/co-lead to bring folks together to
get this done. I can’t allow but I’m certainly willing to make that extra commitment above and
beyond my commitment to the Commission.
Commissioner O’Nan: So, for…
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Page 21 of 52
Commissioner Brahmbhatt: I just wanted to address Commissioner O’Nan’s question that
Berkeley is twice the size of Palo Alto. I think you compare Berkeley and Palo Alto, we have a
lot more resources than Berkeley has and Berkeley is not that rich of a city. Plus, as a woman
working in Palo Alto, I feel there are issues with gender and equality where if this body or
committee, at a local level, then women would feel more comfortable going up. I’m visualizing
the taskforce more as a helpline or a social network that people can reach out and talk and bring
open their issues like somebody said she faced harassment in a restaurant. I’m thinking if a
women partner in a law firm who faces sexual discrimination, she’s going to file a lawsuit in a
federal court. She’s probably not going to need support from the City of Palo Alto through this
ordinance but we’ll really be helping women who are marginalized and at that lower income
level who are doing work in the restaurants that have a support line that may not have the means
to go file a lawsuit in a federal court. So, I think is very important from that perspective.
Commissioner O’Nan: What you just said actually even makes more uncomfortable because in
my mind we are not setting up a support group or an 800 number for people to call. This
taskforce would have no legal enforcement abilities what so ever so I really, really feel like
we’re starting to drift into the weeds here and we can’t do that. Whatever we recommend has got
to be really clear to Council and to the community because we’re going to have to keep this
commitment if we make it. Also, just FYI, when we did the needs assessment across the
community, we also had the idea of reaching out to the University because at that time we had
Commissioner who was a retired member of the Vice Provost office. Stanford is happy to help if
you pay their consultation fee, it was really expensive, they are not that invested in Palo Alto,
Stanford, it isn’t own other world and all the promises that we had from them never came to
anything and it ended up with this Commission doing all the work by itself with no budget. So,
again, just FYI, we’ve done big project before, we can do it but we’ve really got to think long
and hard about it.
Commissioner Brahmbhatt: Yes, I know, we’re not setting up another Committee to again
discuss something. We need some meaningful action and I’m thinking this taskforce will lead to
that meaningful support group or action that connects with people and connects with a woman
having these issues. I mean that is where it should go; otherwise just setting up another body and
a Committee that’s just discussing issues doesn’t really support the women of Palo Alto. I mean
eventually that’s where you want to get, where you are addressing issues on an individual basis;
otherwise, how you can correct if you don’t know of an individual problem.
Commissioner O’Nan: That’s actually my point but I thought the taskforce is just a means of
getting the needs assessment done which is part of the requirement to get the CEDAW ordinance
implemented. Is that not correct because the taskforce doesn’t have…
Ms. van der Zwaag: There are different ways different cities have done it so the City of San Jose
just passed a CEDAW ordinance and their taskforce is just going to be operational for three
years. They set certain goals that they are going to do for those three years. The City of Berkeley,
their CEDAW ordinance, as I said before, reads more like a resolution but their taskforce is
basically a Commission they already have, The Commission on the Status of Women. So, they
actually never did a gender equality study, that Commission just uses CEDAW when there’s
women’s issues going to Council to refer back to the CEDAW ordinance to say Council, you
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Page 22 of 52
have a certain commitment to women’s issues in this, this, and this area. We’re referring back to
this ordinance when they would like money or support for a certain item that involves women’s
issues. It’s all over the map, I have not seen one as Commissioner Brahmbhatt as suggested but
perhaps the Commission on the Status of Women in Berkeley functions more in that capacity in
being able to hear cares or concerns of the residents. Again, this would be something if this goes
forward to the Council, the Council could really give input on the scope and the breadth of what
it would like to see as far as the taskforce; you know another Commission or whatever and
appropriate the resources to be able to do so.
Council Member Wolbach: I wanted to wait until everyone spoke.
Chair Stinger: Commissioner Chen.
Vice Chair Chen: I am still worried about the logistics about your process. I totally understand
Commissioner Lee that you want to start in the city via Council Members recommendation to to
study what kinds of resources are available. So, all this information from the Council Members
will come back to you the subcommittee again and then it’s up to us to organize the taskforce,
right?
Ms. van der Zwaag: Not specifically.
Vice Chair Chen: No?
Ms. van der Zwaag: No, I meant the taskforce can be done in certain ways. The HRC could say
to the Council, we are more than happy that the HRC has the authority to have a taskforce report
to them in the Municipal Code. So, you technically have a taskforce that reports to you, one to
two members of the HRC would serve on it and it would be a body that you would help lead the
agenda and review the recommendations for so that’s one way going about it. The other way is
the Council could have a taskforce that reports to the Council that could do many of the same
things. So, there is no prescription that it has to report to the HRC, there are different ways of
going about it or the Council can say we’re more interested in having a Commission on the
Status of Women. There are ways in which the framework could look different but if it did report
to the HRC, the issues that I brought up earlier as far as scope and oversight and responsibility
would fall to the HRC.
Vice Chair Chen: Thank you.
Commissioner Lee: Certainly, our recommendation could be that Council directs staff to draft
something and they just bring it back to Council for consideration. If this body doesn’t have the
appetite to do an additional review then we could certainly advocate that responsibility. I would
personally prefer that this body weigh in on any ordinance before it passes but then beyond that,
if we wanted to we could say this is exclusively a responsibility of the taskforce. If they are not
able to get their act together, we as a Commission are not going to take over those
responsibilities if that addresses Commissioner O’Nan’s concern, we can certainly do that. I had
originally anticipated that we would take a bit more ownership over that taskforce but that’s
certainly nothing that we have to do. We could just have it set up as a separate taskforce and they
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Page 23 of 52
will either sink or swim.
Chair Stinger: I’ll wait to comment.
Commissioner O’Nan: I think Cory, did you want to say something?
Council Member Wolbach: Just a couple of thoughts as a Council Member’s perspective on the
process. I agree that the devils in the details, but I don’t think that that needs to all be worked out
here tonight.
Male in the audience: Can you speak louder?
Council Member Wolbach: I agree that the devils in the details but I don’t think all of that needs
to be worked out here tonight by this Commission. In fact, I think that the appropriate next step,
whatever you decide to recommend to the Council, should be to recommend something to
Council. So, that Council has the opportunity after over a year now to hear your
recommendation, consider it, and I think keeping it simple might be best. For example, have a
recommendation that Council directs staff to draft an ordinance to create a taskforce that would
report to Council and/or to the HRC on a periodic basis. If the HRC has a lot on its plate and
given everything else that was just in this one resolution we passed in 2016, I think you do have
a lot on your plate. Maybe just have it report directly back to Council and whatever you
recommend, we might do something different. You might recommend that you have it report
back to you and we might say, we want to have it report to us on Council. You might
recommend it reports back to Council and Council might say, you know what, we’re going to
give more homework to HRC and we’re going to have it report back to HRC. Obviously, you’re
not going to be able to answer all the questions. We’ll tackle it, we’ll take our own stab at it,
whatever you recommend and I think in the interest of the Council is in seeing something come
forward. I think going back to the point about staff obligations -- beyond the HRC’s bandwidth
are the staff bandwidth which I think is very important. It’s good that you’re keeping that in
mind but again, I’d reiterate that if there’s a vision for a policy or program that you think the city
should pursue, I’d hope that you’d make that recommendation. Maybe acknowledge that
additional resources may be required and then we can take up the question about whether current
staffing is sufficient, whether a consultant for a nine-month or one year or two-year period would
be necessary to get up to speed to help run a short-term taskforce to do a study whatever or
whether we want to hire additional long-term, part-time or full-time staff to support an ongoing
effort. All those questions Council will have to consider in consultation with staff but until a
recommendation comes to Council from this body, we’re waiting and we can’t have those
conversations, Council with each other and with Staff until you send us something.
Chair Stinger: I’d like to speak to this. I think I’ve already said I want to have a statement on
gender equity. I’m not willing to fail so I want it to be the right statement and I also want the
HRC involved in that. I don’t know if that’s a reporting link but I’m not willing to or well, I
guess it doesn’t matter what the Council will decide but I’m willing or not willing to do but my
hope would be that we would continue to be involved in some way. So, what that says to me is
that I think your question Commissioner O’Nan is can we look at this outside of CEDAW and
my question is can we look outside of an ordinance. As I continued to do work this weekend, I
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Page 24 of 52
looked at Boulder, Colorado and they started with a request to do an ordinance and their analysis
was that there were too many considerations. They proceeded with a resolution and some activity
so that they would better be able to define their ordinance subsequently. I just don’t believe that
we have fully exhausted that root. We haven’t, as a city, made a commitment to gender equity
and I would like us to do that; to set up the taskforce and start to define where we want to put our
attention. My concern with the ordinance is that it may take us so long to get to the ordinance.
I’m not talking about how we’re bound to it, it’s just getting to the ordinance point, getting it
through the City Attorney’s Office and that meaningful endpoint may be lost or delayed. We
could start this if we had a resolution and a committee, we could be going in a couple months to
talk to people in the community and define what gender equity means in Palo Alto. I would like
to explore that so I’m going to turn it over to the other Commissioners who haven’t spoken.
Commissioner Alhassani: Can I ask you a process question? We have a recommendation in the
memo, do we have to officially vote on that first and then if it doesn’t pass, we can make
amendments to it or are we allowed to create a motion without having to vote on the
recommendation in the memo first?
Council Member Wolbach: Just based on what we usually do at Council, just I think it’s up to
the Chair to decide how to proceed with the meeting. Generally, when a recommendation has
come from Council Members such as bringing forward a Colleague’s Memo, the Chair will
usually differ to the lead author of that memo -- of that recommendation to make a
recommendation at the meeting. So, at the meeting a Council Member would make a motion to
take the written recommendation and put it on the table as a motion and then if they get a second,
then the conversation would proceed. I mean usually, if a memo has been brought forward, the
Chair would differ to the author or authors of that memo to make that recommendation as a
motion.
Chair Stinger: Thank you. I think we also have a question about the way our agenda item was
written. We can certainly hear a motion and we can vote up or down on that, can we take
amendments?
Ms. van der Zwaag: I did not hear back from the Attorney’s Office, I would maybe differ to
Council Member Wolbach who the question on the table was if the agenda item is specifically on
an ordinance related to CEDAW, do they have the ability then to recommend a resolution
instead?
Council Member Wolbach: I am not the City Attorney and that is the kind of a question that I
would ask them.
Ms. van der Zwaag: Right and that’s my feeling is that would not be possible based on initial
staff look at that but we’re awaiting City Attorney’s so if it’s something, for instance, going
forward to Council such as an ordinance or a resolution, I believe an ordinance specifically
needed to be an option or this needed to be more vague. If it’s something that the HRC decides
itself to do something instead, then you don’t need a recommendation to be able to say hey, let’s
do these programs or hey, let’s do this listening session instead. That doesn’t need to be on the
agenda but the question as its forwarded and was forwarded by the subcommittee was at this
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Page 25 of 52
point for lack of a better phrasing an up or down on a recommendation of an ordinance on
CEDAW.
Council Member Wolbach: So, not as a legal recommendation but as a policy recommendation,
one is I think just as far as running the meeting, probably want to have somebody, maybe one of
the authors, make an actual motion to make this recommendation. Until you’ve actually said we
want to move the recommendation, there is no recommendation to vote on. Then when it comes
to what that recommendation might be, we do ordinances on all kinds of things, some are very
comprehensive, some are very simple and we’ve already had two resolutions. We had the
resolution in 2016, we had the resolution specifically on CEDAW in 2002 and I think –I’m
tipping my hat about how my feelings are about this one but I don’t think it’s going to be a quasi-
judicial issue when it comes to Council. So, I don’t mind saying that I hope you move forward
with something similar to the written recommendation here, I think Council would look forward
to it.
Commissioner Lee: To give the Commission some context, I was able to put together my own
draft ordinance within a week and putting together the ordinance is the easy part. The tough part
is actually doing the analysis itself and so I would really implore this body to not get stuck up –
that’s a bad way of saying, not to be stopped at that first initial point. This was supposed to be
the easy part. There are draft ordinances out there on the website that we could easily adopt. We
could adopt what I’ve drafted and I’m willing to volunteer my legal time to provide that
assistance. I know other City Attorney’s, I know other lawyers who can put in the time to help
the City Attorney. I’m sure…
Ms. van der Zwaag: Right but that’s still the…
Commissioner Lee: Sure, it’s the prerogative…
Ms. van der Zwaag: Of the City Attorney.
Commissioner Lee: They would need to review it but if they needed help doing that legwork…
Ms. van der Zwaag: Right.
Commissioner Lee: … it would be easy for them to – it would be easier for them to review
something than as opposed to drafting it from scratch.
Ms. van der Zwaag: It’s the time within the other priorities that usually takes the length of time
for the City Attorney. Not in that the expertise or anything in regards to drafting an ordinance. It
also depends on what Council asks for as far as a consideration within the bounds of an
ordinance. So, it’s not the expertise, it’s fifty other things that are on the City Attorney’s plate
and that type of prioritization.
MOTION
Commissioner Lee: At this point, I would move that we make the recommendation in the
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Page 26 of 52
Committee report.
Chair Stinger: Let’s read that for the record.
Commissioner Lee: Let’s see, the motion would be the HRC formally recommends the City
Council direct staff to study and study and submit a draft CEDAW ordinance for both the HRCs
and City Councils consideration; which factors in this memo and guidance provided by this body
– by the HRC and City Council that does two things. One, affirms the City of Palo Alto
commitment to the principles of the UN Convention on the Elimination of all Discrimination
Against Women and two, establishes a taskforce that conducts and oversees a gender analysis,
establishes a taskforce as composition, reporting structure and responsibilities. So, that would be
the motion on the floor. Again, it’s having staff draft something with these things in mind and
come back to us for review. That’s the motion I have on the floor.
Commissioner Brahmbhatt: I support.
Chair Stinger: I have a motion and I have a second.
Ms. van der Zwaag: If she wants to speak to her second.
Chair Stinger: Yes, that’s what I was just going to say.
Commissioner Brahmbhatt: No, I was just wanted– I didn’t realize…
Commissioner O’Nan: You just have the opportunity to…
Ms. van der Zwaag: You just have the opportunity to speak to your second as far as process is
concerned.
Commissioner Brahmbhatt: Ok so I support.
Vice Chair Chen: Can I ask a question? Is about to direct city staff to study and submit a draft. I
thought you had mentioned that for the City Council just to – to staff to study whether there are
enough resources but not submit a draft.
Commissioner Lee: Or in drafting a CEDAW ordinance, one of the questions that they would
consider would be what resources are available…
Vice Chair Chen: Oh, ok, within that.
Commissioner Lee: Yes and that would help them set up – that would help them make a
recommendation as to what should be the taskforces composition, its structure and
responsibilities.
Vice Chair Chen: Ok.
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Page 27 of 52
Commissioner Lee: So, they would come with a draft ordinance which sets up a taskforce after
they figured out what resources are available and what they would recommend that they would
dedicate.
Vice Chair Chen: Maybe we should probably put that in there so to clarify the issue.
Council Member Wolbach: Actually can I say something
Commissioner Lee: Yes.
Vice Chair Chen: Sorry.
Council Member Wolbach: I wonder if whether the words to study and submit are necessary. My
guess is how this would go is if the motion passed, your recommendation comes to Council in a
Staff Report, in that Staff Report staff will have the opportunity to explain to Council here are
some of your options, here’s how much we envision it might cost, a ballpark based on however
much study staff has done by that point. Council can then take up your recommendation as
you’ve recommended it, shoot it down entirely or alternate in some way. At that point, if we
were to approve your recommendation, we would direct staff at that point to go and draft an
ordinance. They probably wouldn’t draft it before coming to us unless staff thought it was really
easy in which case they might do a preliminary draft prior coming to Council but my guess is
they would probably wait until they’ve received Council’s go ahead. I think it’s actually a fairly
straightforward motion and I think study and submit probably does no harm.
Ms. van der Zwaag: It is a friendly amendment.
Council Member Wolbach: I’m not offering amendments nor voting.
Commissioner Lee: So, I guess my question is I mean to the extent that staff would be willing to
answer all those questions in advance of Council directing them to do so. Right, this Commission
doesn’t really have the body – the authority to direct staff to do anything really.
Council Member Wolbach: Correct.
Commissioner Lee: Which is why we’re asking Council to do it.
Council Member Wolbach: Correct, at least in my understanding.
Ms. van der Zwaag: This is your recommendation to Council. When Council deliberates this and
they come with a recommendation at the end of that, they can certainly direct staff to do so. I
mean I think what Council Member Wolbach says is you don’t specifically have to put it here for
Council to realize that’s an option that they should direct staff to do so.
Commissioner Lee: What would the Council Member suggest in terms of revising the language
in the motion?
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Page 28 of 52
Commissioner O’Nan: Oh, I’m sorry but wait a minute, we have a motion and a second, and
don’t we have to vote now and then we can make an amendment.
Chair Stinger: We can talk a friendly amendment.
Commissioner O’Nan: Oh, ok.
Council Member Wolbach: Well, I’m not offering amendments but I think for process you have
your motion, your second and then you discuss it and everybody weighs in before you vote. Then
once you vote it’s done so the time to amend it would be in your discussion now. Oh, in that first
line the words study and submit, I don’t know if they are necessary but I don’t know if they do
any harm so I’m not really offering…
FRIENDLY AMENDMENT #1
Commissioner Lee: So, direct Staff to draft a CEDAW ordinance? That’s fair.
Council Member Wolbach: Again, I’m just raising it as a question because I don’t feel strongly
about it and again, I’m – this is your ballgame right now.
Commissioner Lee: Do I have a nod from the rest of the Commission to get rid of those words?
Does that strengthen things for the Commission at all?
Commissioner O’Nan: Can you read it back to us?
Commissioner Lee: The HRC firmly recommends that the City Council direct staff to draft a
CEDAW ordinance for the HRC and City Council’s consideration. Everything else remains
intact.
FRIENDLY AMENDMENT #2
Commissioner Alhassani: Can I offer an additional amendment? I’d like to be less prescriptive in
getting it to Council. Even though, obviously, technically they can do what they want anyway
but the way I would frame it is for point number two, I’d like to make point number two
something more general in that City Council may decide they want to hire a staff member to do
this analysis versus a taskforce, for example. I’d like to make it broader rather than establish a
taskforce, something along the lines of to have city staff make a recommendation on a feasible
way to do a gender analysis or present or come back to City Council with some ideas on how to
do a gender analysis. Something broader so that maybe we might hire consultants, we might hire
staff, we may do the taskforce but just be less prescriptive about it.
Commissioner Lee: How about I would propose change too to authorize a gender analysis,
designates who will conduct and oversee said analysis and the scope and responsibilities;
something to that extent.
Ms. van der Zwaag: I think you would need to reread that or once all the corrections are made,
staff recommends that you completely reread the recommendation so that the Commission
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Page 29 of 52
knows specifically what it’s voting on.
Commissioner O’Nan: But also, to take Council Member Wolbach’s point, should we have an
ordinance drafted before we’ve done the gender analysis? I mean aren’t we supposed to do that
first and then have the ordinance? So, are two and one in the wrong order?
Commissioner Lee: Typically, you have the ordinance that sets up the body that does the gender
analysis.
Commissioner O’Nan: Oh, I see.
Commissioner Lee: So, in coming back with a draft ordinance, they would tell us who should do
the gender analysis, the scope, the responsibilities etc. etc. Is it the taskforce, is it a consultant is
it staff?
Commissioner O’Nan: But then when do we have a CEDAW ordinance itself that states that we
have gender equality?
Chair Stinger: We…
Ms. van der Zwaag: No…
Commissioner Lee: The…
Commissioner O’Nan: We don’t…
Commissioner Lee: The CEDAW ordinance would set up the body and…
Commissioner O’Nan: That’s -- oh, that’s…
Commissioner Lee: …that’s what a CEDAW ordinance is.
Commissioner O’Nan: Ok.
Chair Stinger: But we do have the commitment as number one.
Ms. van der Zwaag: Or in this case, you said to set up the body just in keeping with
Commissioner Alhassani’s. It could maybe not set up the body but set up the goal of…
Commissioner Alhassani: Getting the analysis.
Ms. van der Zwaag: …getting the analysis.
Ms. van der Zwaag: I would just say in the end I would that’s really up to the Council to direct
staff to do but I think just as far as getting clarity, obviously you all need clarity of what’s
specifically is in the recommendation…
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Page 30 of 52
Vice Chair Chen: Exactly, exactly.
Ms. van der Zwaag: …before you can give input.
Vice Chair Chen: The way this is written it’s not clear at all. It sounds like the final ordinance is
done there but it’s not, it’s like a preliminary survey and then the work put in. Eventually, we’re
going to have an ordinance written at the end but not at this step yet.
Ms. van der Zwaag: No, that’s not correct. That’s not – you want to…
Commissioner Lee: The step – this recommendation is asking Council to ask staff to draft an
ordinance which authorizes a gender analysis and designates who does that. We come back with
a draft ordinance, they would hopefully pass it, it becomes law, the gender analysis would be
authorized and there might be a taskforce that does it, we do that analysis, we come back with
recommendations.
Ms. van der Zwaag: I think it would be to clarity, the ‘we’ I think may be confusing for folks as
in the designated body designates
Commissioner Lee: The designated body, yes.
Ms. van der Zwaag: Right…
Commissioner Lee: It could be consultants, it could be a taskforce.
Ms. van der Zwaag: … because in your recommendation you said the ordinance for the HRC and
the City Council’s considerations. So, I think just for complete clarity for everyone because there
is a lot of question, like I said, whatever that there’s…
Commissioner Lee: So, I envision one staff drafts a draft ordinance, it would be referred back to
this Commission to weigh in upon and then the Council will review it
Ms. van der Zwaag: That’s not – that’s – Commissioner…
Commissioner Lee: Maybe that’s the wrong way to do it.
Chair Stinger: What – let’s see…
Ms. van der Zwaag: I don’t believe that is a procedure, that it would come back to the HRC
before and Council Member Wolbach looks like he wants to weigh in on that but I believe it
would go straight from staff back to the Council.
Council Member Wolbach: Yes, as hesitant as I was about a question of changing the language
earlier, the words ‘HRC and’ I would recommend that you, as the maker and seconder, remove
those because I think it’s time to hand it off to Council and staff. We could refer it at some point
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Page 31 of 52
some aspect back to the HRC but I think the HRC has enough on its plate and…
Commissioner Lee: Ok, fair enough.
Council Member Wolbach: … it’s time for the Council and staff to work out what the ordinance
would be or would not be.
Chair Stinger: Directing staff here is the City Attorney?
Ms. van der Zwaag: Directing staff or that would be whatever staff. I think that would yet be
determined what staff. Definitely, the drafting of the ordinance is the responsibility of the City
Attorney. If there’s any other background information that the City Attorney needs, then that
would be whatever staff. That could be myself that could be me and a combination with
members of our HR staff. I think that staff is yet to be determined based on what’s needed.
Council Member Wolbach: Yes and sorry to keep chiming in but yes, generally when we refer
something to staff, it’s to the staff that reports to us. That’s the City Manager, the City
Attorney…
Ms. van der Zwaag: Who directs us to do it?
Council Member Wolbach: …and occasionally City Clerk or the City Auditor so anyone under
the City Attorneys or the City Managers chain of command, which includes Minka, could be
tapped into if the City Manager delegates them that responsibility. It could also be that the City
Manager and City Attorney bringing outside counsel or outside consultants to help with any
aspects of anything we’ve directed. So, we usually don’t – we actually don’t stipulate and should
stipulate as Council which members of staff work on something. That’s not our…
Ms. van der Zwaag: Right, just the Council
Council Member Wolbach: …we don’t like to micro-manage like that.
Chair Stinger: My only reason for asking the question was we are directing – asking for a draft
CEDAW ordinance and we were told as a Commission not to have a draft ordinance and I was
reading this differently. For me the important words are the HRC formally recommends the City
Council affirm the City of Palo Alto’s commitment to the principles of the UN Convention on
the Elimination of All Discrimination Against Women and establishes a taskforce that conducts
and/or oversees a gender analysis, the compositions, reporting structures and responsibilities. I
think that’s really –you’ve captured or we’ve captured…
Commissioner Alhassani: We amended up to that point. It is just an amendment for point number
two that
Ms. van der Zwaag: As a certain point we’re just going to have Commissioner Lee reread it to
see if it specifically addresses the points of concern that have come up.
Commissioner Lee: So, let me…
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Page 32 of 52
Council Member Wolbach: The maker and the second – just I think…
Ms. van der Zwaag: Yes.
Council Member Wolbach: …if – the Chair would have to enforce this but the maker and the
seconder would need to accept the amendments
Commissioner Lee: Let me propose the following, the HRC formally recommends that the City
Council direct staff to draft a CEDAW ordinance for the City Council’s consideration which
factors in this memo and guidance provided by the HRC and City Council that one, affirms the
City of Palo Alto’s commitment to the principles of the UN Convention on the Elimination of all
Discrimination Against Women. Two: authorizes a gender analysis and designates a body for
conducting and overseeing the analysis and its powers, scope, and responsibilities. Do you
second that recommendation?
Commissioner Brahmbhatt: I can second.
Commissioner Lee: Discussion on it.
Commissioner Alhassani: Yes, sorry.
Commissioner O’Nan: I don’t understand the “which factors in this memo and guidance part.”
FRIENDLY AMENDMENT #3
Commissioner Alhassani: Yes, yes, you probably can take that out.
Commissioner O’Nan: That doesn’t make any sense.
Commissioner Alhassani: You can probably take it out; I don’t think it’s needed.
Commissioner Lee: So, the idea would be that in drafting the ordinance, they would take into
consideration, well, they probably do this already but take into consideration the things that
we’ve listed in the memo, any discussion that we’ve had here and any discussion that Council
has. We’re providing a little bit of guidance but certainly, Staff has discretion to draft it as they
see fit.
Ms. van der Zwaag: Well, I think…
Commissioner Lee: That’s all that’s saying.
Ms. van der Zwaag: I think a compilation of this conversation would be included in the Staff
Report, as well as the verbatim minutes of this meeting. So…
Commissioner Lee: Let me revise it then to make it clearer. I mean this is what I do for a living
so let me change it, make it simpler as opposed to – the HRC formally recommends that the City
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Page 33 of 52
Council directs staff to draft a CEDAW ordinance for the City Council’s consideration that one,
affirms the City of Palo Alto’s commitment to the principles of CEDAW and two, authorizes a
gender analysis and designates a body to conduct and oversee the analysis and its powers,
scopes, and responsibilities. So, it designates its powers, scope, and responsibilities if you’re
following the grammatical phrasing of it.
Commissioner O’Nan: To me that’s a lot more clearer.
Vice Chair Chen: That’s good, that’s better.
Commissioner Lee: Are you ok with that as a second? Yes.
Commissioner Brahmbhatt: Yes, I support the second.
Commissioner Lee: Next time we should have Google Docs open so we can type this on the
screen.
Commissioner Alhassani: We got to meet in the cool room, over there so we get the big screen…
Commissioner O’Nan: Yes, the cool room.
Commissioner Alhassani: … going and you know.
Ms. van der Zwaag: The HRC doesn’t often have these deep dives into this type of subject so I
can understand if we do more in the future, that staff will write it up like the City Clerk’s Office
does but it will certainly be correct in any official minutes at the meeting.
Commissioner Alhassani: I don’t want to overdue minutia but…
Chair Stinger: Go for it.
Commissioner O’Nan: What?
Commissioner Alhassani: Technically, the City Council authorizes the study, not the staff, is that
accurate?
Commissioner Lee: The ordinance would authorize the study.
Commissioner O’Nan: Yes…
Commissioner Alhassani: Yes so…
Commissioner O’Nan: …and staff would be drafting the ordinance.
Commissioner Alhassani: Drafting the ordinance
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Page 34 of 52
Commissioner Lee: One and two is what the ordinance would say.
Commissioner O’Nan: No, I think we’re good grammatically, I think so.
Chair Stinger: Can I call for a vote? Is there anybody else who would like to speak? Would you
like too?
Commissioner Brahmbhatt: I’m good as proposed and I am very comfortable. I think it’s a very
good initiative and it will look very bad if it does not pass today.
Vice Chair Chen: Well we want to make it better.
Chair Stinger: Call for the vote, all in favor? Any opposed? Got unanimous.
MOTION PASSED UNANIMOUSLY WITH A VOTE OF 6-0.
Commissioner Lee: I just wanted to thank everyone who came out. This is obviously one of the
first steps so I hope I can count on your support moving forward. Obviously, Council still has to
approve this so I’ll be called upon all of you to help us move that forward.
Chair Stinger: I’ll ask you exit quietly because we’re running late and I want to catch us up but I
have one more comment on the agenda item. I just wanted to thank Commissioner Lee for his
passion and energy and diligence in getting this so far. We spent a lot of time and I continue to
be the loyal opposition.
2. Consideration of updated recommendations in relation to Council Resolution #9653
-Reaffirming Palo Alto’s Commitment to a Diverse, Supportive, Inclusive, and Protective
Community.
Chair Stinger: I think we can move through agenda Item Two quickly if you can hang in just a
little bit longer Commissioner O’Nan. I do have a request to end our meeting promptly but I
would like to get to agenda Item Two and then we can see how we feel from that. Speaker cards,
did you want them? Liz Ratner and she have left.
Commissioner O’Nan: Chair, can we just take a real quick break so Vice Chair can have a bio
moment?
Chair Stinger: Yes, that would be great.
Commissioner O’Nan: I’m not feeling too bad, I think the cookies helped.
Chair Stinger: Agenda Item Two, consideration of the updated recommendations in relations to
the Council Resolution #9653 which is again reaffirming Palo Alto’s commitment to a diverse,
supportive, inclusive and protective community. Just to give you some background on what
we’re doing and what I’m asking here. We have two Council dates…
Ms. van der Zwaag: Oh, no, I released the one.
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Page 35 of 52
Chair Stinger: Oh, ok.
Ms. van der Zwaag: So, we’re just – sorry, at one point we had talked about – because we didn’t
know when we’d have all these resolutions – I mean recommendations of going forward with an
information report. We talked about this at our last meeting and then coming forward with a
recommendation but since we knew this discussion was happening tonight, we are going forward
with the recommendations based on your vote on this on April 2nd so there’s the only one
Council.
Chair Stinger: Oh, good.
Ms. van der Zwaag: Yes.
Chair Stinger: (inaudible – talking off mic) Sorry but I wanted to be able to communicate to
Council the breath of the work that we have done this summer, the research that we did into the
different programs and how we are now responding to their Council resolution. I also wanted to
identify a capacity constraint that to do everything that we set out to do, where, we as a
Commission of six, hopefully soon seven, have capacity constraints but we are certainly making
demands on our staff. So, that one was objective of this piece and the other objective was to just
to reinforce the immigration resolutions that we will ask Council to agree too. Just a reminder,
we had initially, as a resolution subcommittee, said that we would monitor the progress on
immigration and ask the Council to confirm with the City Attorney that all of our code was
consistent with the legislation that’s passed at the California State Senate level. Then we thought
that the City Attorney could advise us and so we could have a stronger recommendation to
Council but that is taking so long that it seemed like it was better to go back to Plan A and take it
to Council. You’ve seen these recommendations before but I’ll just reiterate what we want to do
in our work plan is to ask Council to refer SB-54 to the City Attorney to make sure that all of our
policies and procedures are consistent with SB-54. Also, sending a letter of endorsement to the
State Senate -- to the author and that was the recommendation of our County Supervisor; that
having sat in that seat, he particularly appreciated having letters of support from the different
jurisdictions and endorse a resolution in support of refugee resettlement. That is a vote we have
already taken and so it’s included in here as the package that I’d like to send to Council. I think
that we’ve done a lot of deep dives into the work of the Council, following up the Council
recommendation or the resolution to us. They ask us for implementations, we have shown on the
table here that we have been using as our work plan that we have policies that we need approval,
the programs that we’re starting and we’ll be talking about them in agenda Item Three and some
things that staff is doing on its own with other departments and with other staff within their
department. When we do go to Council on the 2nd of April, staff will better be able to itemize
their demands on their time and they will include in their report a resource impact statement that
will flush this out. I think the rest of this we have seen several times and so I would just like to
ask if I can have a vote that we take this to Council on the 2nd?
Ms. van der Zwaag: The actual vote is on the last page and maybe you want to read that out or
make some modifications to it but just so we have some clarity as far as the motion that is being
made, Chair Stinger.
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Page 36 of 52
Chair Stinger: Ok, thank you, that’s a good suggestion.
Ms. van der Zwaag: Just the specificity would be something that speaks more, the HRC
recommends that the City Council support the work as brought forth in the resolution or just
there are people out there among you that maybe could wordsmith this a little bit more. I think it
should be a little more but I think it should be a little more specific as far as that this is a
response to Council Resolution #9653.
Chair Stinger: Let me also say that this work plan was intended to be our first pass. We wanted
to do things that we felt were actionable within a certain time frame and that it all in our text.
Ms. van der Zwaag: I think what staff will include in the report going forth to Council and I’d
have to look if it’s in here but the work of the resolution is really almost the calling card of the
HRC of what issues that you were called to be looking out for in the community. So, I think it
would be good for the Council to know these are specific recommendations you have, these are
things that staff is committed to doing and these are things that the HRC is committed to doing
and they are responding specifically to this resolution but the HRC has and will continue to keep
these matters as part of the scope of the work that you have been doing and will continue to do.
Council Member Wolbach: I think that that’s very well said. I don’t think that there was anything
in the Resolution #9653 that was radical. We meant it to be and I think we even said that we’re
reiterating we’re reinforcing values that have been explicit or implicit in Palo Alto and some
have been the implisive or explicit purview of this Commission. In my view, the really important
part of that motion that night or the important part that is relevant for you was that Part B, again
which I read earlier and won’t repeat all. We wanted to really task the HRC to give homework to
the HRC with no timeline, with no sunset, to bring to us recommendations for implementation
measures and additional elements that should be considered. I think we do, hope as a Council,
that the HRC will continue to refer back to this resolution and as recommendations occur to the
HRC, that you will continue to bring recommendations like the one you just passed relevant to
the various areas mentioned, recommendations for implementation measures, or as I mentioned
earlier – the parts that we missed, the things we forgot. So, we really hope that staff and the HRC
will continue to feel empowered by that resolution to be proactive and to bring recommendations
to us. Some of our Board and Commissions more regularly bring recommendations to us. HRC
does a lot of programmatic activities beyond what a lot of other Boards and Commissions do but
we hope you’ll continue for feel empowered to bring policy recommendations to us like what
you just passed.
Ms. van der Zwaag: I want to echo just what you said Council Member, I think that the
difference when the HRC looked at this is wow, we can do a lot ourselves. We don’t want to
burden the Council with 25-30 recommendations. I think there’s difference…
Council Member Wolbach: We want that burden.
Ms. van der Zwaag: I know, I think there’s a difference of opinion there but they also wanted to
show the Council that says we are willing to help carry this load in things that we specifically
have done and will continue to do. So, on the HRC’s behalf, just to let you know, it wasn’t a
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Page 37 of 52
well, let’s just do a response lite. It was more no, let’s look what staff can do, let’s look what we
as a Commission can do and let’s give them a first pass in these certain areas and they certainly
expect to come back to you in other times as well.
Chair Stinger: What I would be hard-pressed to put up a count but we went through hundreds
and picked what we thought we could do in the first year to be actionable and kick-start some
things. Yes, we’ve got a backlog; we’ve got a database to come back to you and…
Commissioner O’Nan: Yes, turn your microphone on.
Chair Stinger: Thank you. Shorthands, I forget to go out there. I have seen in the last couple
months more people approaching me outside of the Commission meeting and in Commission
meetings with ideas. So, I hope that our visibility increases and we will be able to extend the list
of population segments that we want to serve. Commissioner Lee?
Commissioner Lee: If I could just make a brief comment. I joined the Commission after this
resolution was passed and after the Commission started working on it. My read on it is that it
gives us a broad mandate, it reinforces a broad mandate that we’ve already had and so I think
moving forward, just given the scope of it, it would be appropriate for the Commission as a
whole to consider it as opposed to having one Committee composed of only two or three
members covering all these different areas. It kind of limits our ability to provide timely
feedback to the Council under this mandate. So, I would hope moving forward that to the extent
that we identify different groups or different topics we want to work on, we can refer that to
separate Committees but one Committee shouldn’t have jurisdiction over that entire resolution.
Ms. van der Zwaag: I think that’s the point now. That Committee was together to bring it to this
point so the intention was that these issues would not only in the future continue to be discussed
by a subcommittee. So, an Ad Hoc Subcommittee is Ad Hoc because it works on a project, it
brings it to the body, and goes forward.
Chair Stinger: Just to reinforce that, in our work plan it says the recommendation subcommittee
will bring forth the first round of programs and policies. That was supposed to be completed in
Quarter 2 and then we disbanded because we are an Ad Hoc Committee and cannot continue. So,
whether we rotate that or decide to do it all as a group, we can decide.
Commissioner Lee: Are we discussing these specific bullet point recommendations here or are
we…
MOTION
Chair Stinger: The motion that I’d like to make is this that the HRC recommends the City
Council support this work plan which was written in response to Council Resolution #9653.
Also, that the City Council refer SB-54 to the City Attorney to confirm the city’s policies and
procedures are consistent with SB-54. Refer SB-31 to the City Attorney to confirm the City’s
policies and procedures are consistent and these are elaborated in the table in the text. We ask the
City Council to endorse SB-54, endorse SB-31, support a resolution for refugee resettlement and
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Page 38 of 52
then I’ll use your wording to adopt a CEDAW ordinance which I didn’t have when I wrote this.
Each of these we’ve talked about and voted on but it was the package that I wanted to ask for a
vote.
Ms. van der Zwaag: So, are you moving that motion?
Chair Stinger: That’s the motion.
FRIENDLY AMENDMENT #1
Commissioner Lee: I’ll second it but I have a proposed friendly amendment.
Chair Stinger: Ok.
Commissioner Lee: To the first bullet point after confirm that city policies and procedures are
consistent. I’d proposed that we add and to identify options for additional and complementary
policies and procedures that the City could adopt which criteria the use of city resources in
connection with deportations.
Ms. van der Zwaag: But that’s not the job the City Attorney. So, the specific recommendation
here is to the City Attorney but it wouldn’t be the City Attorney’s job to offer any type of other
recommendations. You could say ‘and report his findings back to the City Council’ and then the
City Council at that point can ask if anything goes further but the City Attorney doesn’t then start
coming up with a ray of other policies and procedures.
Council Member Wolbach: Could change attorney to staff.
Commissioner Lee: Yes and direct staff to identify options for additional and complementary
policies and procedures.
Ms. van der Zwaag: And direct whom?
Commissioner Lee: Staff.
Ms. van der Zwaag: The City Attorney can’t direct staff to do that. I mean…
Commissioner Lee: Referring to SB-54, City Attorney to confirm and to direct staff – City
Council to direct staff to identify options for additional and complementary policies and
procedures. I’m saying SB-54 may not be the best we can do, there may be additional (Inaudible)
that we as a city can do and so I’d like us to not only just confirm…
Ms. van der Zwaag: My just comment for identified, I would assume that there would be. I don’t
know, that’s up to the HRC.
Chair Stinger: I’ll comment on that. That was initially part of the immigration package that we
were looking at and I have continued to reach out to the County Office of Immigration –
Immigrant Affairs to ask that same question because they are more intimately involved in direct
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Page 39 of 52
communication with the legal side and the aide side and the counseling side. So, I would accept
the amendment, I think I might ask if the wording would be appropriate ‘and to direct staff to
continually be on the alert – to continually…
Commissioner Lee: Identify options for additional and complementary policies for the city’s
consideration which (inaudible) use of city resources in connect with deportations.
FRIENDLY AMENDMENT #2
Chair Stinger: Would you accept a friendly amendment to make it shorter? To continue…
Commissioner Lee: To identify options for additional and complementary policies and
procedures.
Chair Stinger: I’m sorry, what and complementary?
Commissioner Lee: To identify options for additional and complementary policies and
procedures that could be implemented by the city.
Chair Stinger: I would accept that.
Commissioner Lee: Presumably that would refer to the topic of SB-54 but we don’t need to say
that.
Chair Stinger: So, the bullets under the recommendation is ‘refer SB-54 to the City Attorney to
confirms that the city’s policies and procedures are consistent and to direct Staff to continually
identify options for additional and complementary procedures’.
Commissioner Lee: Policies…
Chair Stinger: Policies.
Commissioner Lee: Policies and procedures.
Chair Stinger: There’s a motion and a second and a friendly amendment accepted. Is there any
deliberation?
Commissioner O’Nan: I’m not wild about the addition. It’s not clear which staff and which types
of policies. I personally like things to be more clear and specific when we refer to Council. The
original bullet point was very clear and very specific and then I think it kind of wanders a little
bit. Also, the City Attorney’s office is super backed up, it takes a really long time to get any kind
of response and I feel like we keeping adding on, it’s going to take even longer.
Commissioner Alhassani: I was going to say the same exact thing, is that staff isn’t some blob
that you say do this, do this, do this and then get something out. In fact, we’re losing staff in the
City of Palo Alto and actually, I have a bigger concern about that frankly in that every month or
two I read about city staff leaving the city and I’m sure a part of it is burn out. Obviously I think
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Page 40 of 52
it’s not a bad amendment, I we just spend an hour sending staff with a lot of homework to do and
now we’re sending more and we’re one Commission out of, I don’t know how many. I just want
us to behave in the back of our mind that staff is human being who has to sit at a computer, who
have to do research, who have to write things, who have to respond to constituents, who have to
respond to Council, and we just have to have them in the back of our mind.
Commissioner Lee: I guess my response to that is again I think what we’re charged with doing is
if we believe that we should be doing something, we make that recommendation to Council and
Council will weigh those resource issues with staff. I think it’s beyond our mandate to take those
particular considerations in mind and it’s beyond our time to do so.
Chair Stinger: I would agree with that and I’d like to speak to that but I think it’s also an
obligation to be judicious. Since the first responsibility for that action was with the HRC, we
could leave that as our responsibility to continue to monitor what the county is seeing in other
cities.
Commissioner Lee: My sense is that the City Attorney is going to already do the work of
ensuring that existing policies are consistent with state law. So, what I would like the city to do is
to take that next step and identify additional ways that we can be a leader on this issue because
just confirming that existing policy and procedures are consistent with state law, which they are
probably under an obligation to do anyway, doesn’t add much to what I imagine they are already
doing. Other than it’s a profound statement of saying that we’ve confirmed that yes, indeed we
are following the state law.
Chair Stinger: In this environment, I think that visibility is important. Any other…
Commissioner Lee: I think it’s important – while it’s important for us to have symbols and to
make that clear, again I think what Council is seeking from us are additional, concrete steps that
we can take. I think that’s what my friendly amendment seeks to do.
Commissioner O’Nan: To your point Commissioner Lee, you’re not giving specific steps.
You’re saying staff, in general, should find in general policies that are in general complementary
which is really hard to understand exactly what that means. It would be much more helpful to
say, and direct staff to maintain a relationship with the County Office of Immigration and do
quarterly checks to ensure – we need…
Commissioner Lee: Ok, I can make it specific and say reach out to the county of San Francisco
and adopt everything that they’ve done. I think they are quite frankly leaders on all these issues;
they were ten years ahead of us on CEDAW. So, if it was up to me, I’d say keep in touch with
San Francisco and find out what they are doing to push the envelope.
Commissioner O’Nan: Right but San Francisco is much bigger City. Yes, it’s a different city.
Commissioner Lee: Sure, but they are certainly lessons to be learned from what they are doing.
Chair Stinger: I guess I would go back and I don’t want to use San Francisco as an example. The
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Page 41 of 52
CEDAW, their experience was they were too aggressive and they had to slow down so I want to
keep this for Palo Alto’s discussion. I’ve accepted the friendly amendment; I’d like to call for the
vote.
Commissioner O’Nan: Could you read it back to us?
Commissioner Brahmbhatt: I just wanted to…
Commissioner O’Nan: Sorry, go ahead.
Commissioner Brahmbhatt: I just wanted to say for the refugee resettlement, is it ok if I don’t
vote yes or no? I would like not vote on a portion of the motion. I can support the…
Ms. van der Zwaag: That motion has already been passed by the HRC.
Commissioner Brahmbhatt: Oh, ok.
Ms. van der Zwaag: This motion is just to include it in going forward to Council but that
decision was made back in September.
Chair Stinger: Or October…
Ms. van der Zwaag: Or October/November…
Chair Stinger: … and it was…
Ms. van der Zwaag: …at a meeting that you may not have been at but that
Chair Stinger: No, you were, I think it was unanimous or pretty close.
Commissioner Brahmbhatt: Oh, ok.
Chair Stinger: You seen that already.
Ms. van der Zwaag: I think it would be helpful to reread it so then…
Commissioner O’Nan: Yes, please read it.
Ms. van der Zwaag: … at this point, since it has a second, then you either have to up or down on
the way it’s specifically written. Then at that point, you can go forward with changing it.
Council Member Wolbach: Do you mind if It?
Ms. van der Zwaag: Go ahead.
Council Member Wolbach: Sorry to throw a monkey wrench into things but I think it’s fine to
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Page 42 of 52
pass it however you want but I think Commissioner O’Nan actually made a good point which is
we were really looking to the HRC to make recommendations. Simple asking staff to look for
recommendation is that we set standard practice in the city of always being on the lookout for
new best practices, I think that’s ok. To the degree that the HRC can be very clear this is a new
practice, a new policy, a new procedure which we recommend City Council consider, I think
that’s more to the point of the original intent.
Chair Stinger: I’ll read the motion. The HRC recommends that the City Council support this
work plan prepared in response to Council Resolution #9653 and recommends that the City
Council refers SB-54 to the City Attorney to confirm that city policy and procedures are
consistent, to direct staff to continually identify options for additional and complementary
policies and procedures, referring SB-31 to the City Attorney to confirm that city policy and
procedures are consistent with SB-31, endorses SB-54 and that would be – endorses SB-31,
supports a resolution for refugee resettlement and adopts a CEDAW ordinance. I’ll put in the
proper text.
Vice Chair Chen: I just have a question about this so endorsing the two – SB-51 and 31, can we
just put one sentence endorse this and that; SB-51 and SB-31. Is there any reason to separate it
into two bullets?
Ms. van der Zwaag: I don’t think that it would be the case in this matter but by separating it, it
allows the Council to make a decision on one and not the other.
Vice Chair Chen: Ok, alright, ok, got it.
Chair Stinger: All – I’d like to call the vote, all in favor?
Commissioner Brahmbhatt: Can I not vote?
Ms. van der Zwaag: You can abstain.
Commissioner Brahmbhatt: Yes, I’d like to abstain.
Commissioner O’Nan: I vote no, I really don’t like the add-on to the first bullet.
Ms. van der Zwaag: So, I’m confused by the votes now.
Vice Chair Chen: I think the first vote wasn’t the add-on.
Commissioner O’Nan: Yes, it was to direct them to find a complementary policies
Council Member Wolbach: Microphones.
Commissioner O’Nan: I’m sorry, thank you. It’s late, the cookies are wearing off. I just didn’t
like the add-on to the first bullet about directing staff to find the complementary
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Page 43 of 52
Ms. van der Zwaag: I think at this point staff would like to who voted yes, who voted no and
who abstained. So, to the specific way in which it was read, who voted yes?
Commissioner Lee: Aye.
Ms. van der Zwaag: One, two, three.
Commissioner Lee: And plus, the Chair?
Chair Stinger: No, I voted against the – after I heard the argument about the demands on staff, I
changed my vote.
Commissioner Lee: So, who made the motion?
Commissioner Alhassani: Then I
Commissioner Lee: …. you made the motion though, right?
Chair Stinger: I accepted your friendly amendment.
Commissioner O’Nan: You voted against your own. I’m a little confused now.
Chair Stinger: I – can’t I – I was convinced by your argument…
Ms. van der Zwaag: But then I think you wouldn’t accept the friendly amendment then. Then
you would not be in favor of Council -- Commissioner Lee’s friendly amendment.
Chair Stinger: So, I can withdraw…
Ms. van der Zwaag: You can withdraw your support of it and then there’s not a second to the
motion so then we have to find another motion, get a second, discussion and have a vote.
Chair Stinger: My apologies, I did not realize that I could withdraw my second.
Ms. van der Zwaag: Microphone.
Council Member Wolbach: Actually, or she could just withdraw her support for the amendment
and then the motion would stand without the amendment unless…
Ms. van der Zwaag: That’s true, thank you.
Council Member Wolbach: unless the proposer of the amendment offers it as an unfriendly
amendment in which case another Commissioner could second it if they support it.
Commissioner O’Nan: This is like Game of Thrones.
Commissioner Lee: Could you maybe undo everything I would propose something that I think
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Page 44 of 52
might…
Vice Chair Chen: Yes, let’s undo everything because I’m confused.
Commissioner Lee: Do you want to withdraw your motion?
Chair Stinger: I withdrew my acceptance of the second with apologizes.
MOTION #1 FAILED WITH THE WITHDRAWAL OF THE SECONDER.
Commissioner Lee: I would move the recommendation as is but I would add a bullet point
establishing an HRC Ad Hoc Committee to identify options for additional and complementary
policies and procedures that compliment SB-54.
Ms. van der Zwaag: But that doesn’t need to be part of that motion because this is a motion to
Council and Council does not have to approve an Ad Hoc City HRC Commission.
Commissioner Lee: Ok so I’ll make that a second motion later on.
Ms. van der Zwaag: You can.
Commissioner Lee: So, I move the recommendation as written.
Chair Stinger: Let’s see we’ve had a motion and a second…
Ms. van der Zwaag: No, who’s the We don’t have a second for the second one. Are you…
Commissioner Lee: I move to second.
Ms. van der Zwaag: Oh, ok.
Vice Chair Chen: Can you repeat the motion again. I move the recommendation as written.
Vice Chair Chen: As this, as written here?
Ms. van der Zwaag: That is correct.
Council Member Wolbach: Did you guys want to add that thing about the explicit reference to
#9653?
Ms. van der Zwaag: Yes.
Chair Stinger: I – did you get that one…
Commissioner Alhassani: She read it
Chair Stinger: … so you’re right, it was as read, can we say as read?
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Page 45 of 52
MOTION #2
Commissioner Lee: I move the recommendation as written with the addition of a reference to –
what number is it? 96…
Ms. van der Zwaag: 9653.
Commissioner Lee: …53.
Chair Stinger: I second and if there is no discussion I will call the vote. All in favor?
Commissioner Lee: I’d like to make a second motion…
Chair Stinger: … wait
Ms. van der Zwaag: Any opposed?
Chair Stinger: Any opposed? Any abstain?
Commissioner Brahmbhatt: I abstain.
Chair Stinger: 4-0. The motion is carried. Well, we’ll go to…
Ms. van der Zwaag: One, two, three, four, five.
Council Member Wolbach: It’s 5-0-1.
Ms. van der Zwaag: 5-0-1, zero against and one abstains.
MOTION PASSED WITH A VOTE OF 5-0-1 WITH COMMISSIONER BRAHMBHATT
ABSTAINING.
Chair Stinger: Where are those cookies? I think you started a comment once about knowing how
to count to five? I clearly don’t.
Commissioner Lee: I’d like to make a second motion to set up an HRC Ad Hoc Committee to
identify whether there are any potential additional complementary policies and procedures that
could be adopted by the City that compliments SB-54.
Commissioner O’Nan: Are we allowed to vote on something if it’s not on the agenda?
Commissioner Lee: I mean its…
Ms. van der Zwaag: I don’t think you need to vote on setting up an Ad Hoc Committee. You can
just say…
Chair Stinger: Like the Chair can set up an Ad Hoc Committee or…
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Page 46 of 52
Ms. van der Zwaag: I believe so. That – I mean we set up Ad Hoc Committees for each of these
items and I don’t remember that we took a vote on them.
Chair Stinger: I – under monitor SB-54 that was part of what we were
Ms. van der Zwaag: The HRC can continue to have an agenda item related this matter. We can
look at having it be specific enough because it can’t just be continued response to the ordinance
– I mean to the resolution because that would not be specific enough for the public to be able to
come in and give comment. So, as we’re doing agenda planning, if that’s something that
someone would like to recommend, as with all recommendations it needs a second. Then the
leadership looks into agendizing that when it fits on the agenda or when we have the information
that we need in order to have a productive conversation on the matter.
Chair Stinger: Thank you.
3. Status update on FY2018 work plan projects
Chair Stinger: How are we doing? Can we quickly go through agenda Item Three which is a
quick update on our different projects?
Commissioner O’Nan: Ok, I’ll give you five more minutes.
Chair Stinger: Ok.
Ms. van der Zwaag: Do you're projecting first.
Vice Chair Chen: Yes right.
Chair Stinger: I’m going to change my position, if we have five minutes, I’d like to suggest that
we do agenda Items Four and Five and quickly do reports from officials and the input for next
month’s agenda and we will defer the status update unless there’s something that – is there a…
Commissioner O’Nan: You know I think I’d like to just give a quick LGBTQ listening forum
update…
Chair Stinger: Great.
Commissioner O’Nan: Just to make sure everyone knows about it and then whatever else we
want to do. My colleagues on the Commission may be aware that we are working with the
County Office of LGBTQ Affairs. They are a relatively new office and they are trying to touch
base with all the cities in Santa Clara County and particularly want to make their presence known
here in the north county where we’re often a bit disconnected from country services. They did a
listening forum recently in Mountain View, I attended and Chair Stinger attended, it was a really
good event. They reached out to the LGBTQ community and many agencies that work with that
community were there. The purpose was to introduce the mission and work of the county office
but also to listen to what the concerns of the community are and what barriers to services they
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Page 47 of 52
feel exist. The idea being that the city would like to work better with that community to support
them in feeling safe, welcome, included, and able to fully participate. We were very inspired by
that and we are going to do our own Palo Alto LGBTQ listing forum on March 29th, which is
Mehdi’s birthday, in Mitchell Park Community Center from 7 to 9 in the evening. We are now
lining up speakers; we have a strawman commitment from Joe Simitian that he’ll at least kick off
the event for us although he has another conflict later on that night. We’re going to invite
Council Members, the Mayor, the Vice Mayor and so forth to attend. We’re going to talk to law
enforcement to be there to also speak and we hope to get a good crowd of both LBGTQ
members, their families, their friends, allies and agencies that serve them. So, I hope that my
fellow Commissioners will make some time on their calendars to come by and support that
event. I think one of the first times we’ve reached out directly to that community and it feels very
timely.
Ms. van der Zwaag: So, the flyers just finished so staff can send that our ASAP but we needed to
have confirmation from our partners as to the flyer and the program.
Commissioner Lee: You said March 29th?
Commissioner O’Nan: Yes.
Commissioner Lee: In the evening?
Chair Stinger: It’s a Thursday, 7 to 9.
Council Member Wolbach: See you there.
Commissioner O’Nan: Yes, I’d love that.
Commissioner Lee: Is it in the evening?
Ms. van der Zwaag: 7 to 9.
Commissioner Lee: Ok.
Ms. van der Zwaag: 7 to 9 Mitchell Park Community Center, El Palo Alto Room; the large room.
Chair Stinger: I am excited about the event and I’m excited about collaborating with the county
to give and with county voice to some of the programs that they are instituting. I have found the
county to be extremely helpful. As long as we’ve started this, Commissioner Chen, do you have
any updates?
Vice Chair Chen: No, I don’t want to say, it is too long and I’m half asleep.
Chair Stinger: Ok.
Vice Chair Chen: So, I’ll wait to finish that.
Chair Stinger: Can I -- Commissioner Brahmbhatt?
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Page 48 of 52
Commissioner Brahmbhatt: Yes, I can defer for next time.
Chair Stinger: Ok.
4. Assignment of Liaisons
Chair Stinger: I would like to focus on that, assignment of liaisons is on the agenda.
Commissioner Lee has asked if we could –Project Safety Net meets during the afternoons during
his work day which is outside of Palo Alto and I’d like to see if we can have somebody step up
to be the liaison to Project Safety Net.
Ms. van der Zwaag: So, the fourth Thursday every month, 3:30 to 5:30, Rinconada Library;
fourth Thursday. I don’t think it’s like you have to be there every time. I think this liaison is a
commitment by the HRC to be involved in an issue so you know, you come as often as you are
able to for the liaison relationship that you have.
Chair Stinger: If I hear no volunteers I will make some offline calls to make sure that we support
the mature – the youth – the high school youth in our community.
Council Member Wolbach: You could always have a liaison and alternate.
Chair Stinger: I think we have the alternate, don’t we?
Commissioner Brahmbhatt: Yes, I’m the alternate. I’ve been looking for the person to be there.
Chair Stinger: So, I will be reaching out to people.
5. Human Services Resource Allocation Process (HSRAP) site visits
Chair Stinger: Agenda Item Five is our HSRAP site visits. HSRAP is an every other year budget
assessment and in the off year, this year, we try to do, we don’t try to do, we do site visits.
Usually, people pick two agencies that they’d like to know more about. It’s not an audit to be
really clear, it’s a chance to become more familiar with the agencies so that when they make a
proposal, you understand it better.
Ms. van der Zwaag: This is you can go by yourself or if one or two of you want to go together so
this is a sheet that we’ll pass around. It’s just in the next couple months and staff would do an
email – either give you the email address of our contact or – excuse me—or staff will do an
email introduction for you. The purpose is again as the Chair has said, just to say thanks for what
you do, you go, and you get a little tour of their site and their programs and so forth. It’s not to
say can you show me the books or anything like that so this is we’re hoping that each
Commissioner can at least go to at least one or two agencies.
Commissioner Lee: What is their general availability? Is it going to be during the workday?
Would we have to take time off to go visit them or are they available in the evening or we can…
Commissioner O’Nan: Some are available in the evenings so for example, DreamCatchers has
ADA. The City of Palo Alto does not discriminate against individuals with disabilities. To request accommodations, auxiliary aids or services to
access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting.
Page 49 of 52
tutorials that you can go and actually see the tutors working with the kids and get a tour of their
facility. So, it will kind of depend on the nature of the agency.
Ms. van der Zwaag: So, what we did last year is someone was happy to designate themselves as
the lead. So then if you two say you want to go DreamCatchers and Commissioner Lee says he’ll
be the lead, then you’ll find out your fellow Commissioners time availability and you’d get in
touch with the agency and handle the communications between the two of you. So, if you’re
willing to play that role, if next to your name you could just put an L. It’s a lot of fun.
Commissioner Brahmbhatt: I would like to look up and figure out which ones I’d be interested
in. I mean I cannot…
Ms. van der Zwaag: Ok.
Commissioner Brahmbhatt: …sign on this…
Ms. van der Zwaag: Well, why don’t we ask people that can sign up and we can distribute this
via email as well.
Commissioner Brahmbhatt: Ok.
V. Reports from Officials
1. Commissioner Reports
Chair Stinger: Commissioner Reports?
Vice Chair Chen: I have been to a lot of functions so Dreamcatcher, you know the one way to
find out is to drop in so they are not prepared for you and then find out the real thing. So, that’s
the way to do it right? Right, pop test?
Commissioner O’Nan: So, you're torturing our HSRAP recipients?
Vice Chair Chen: No, I’m just saying – well, I went to their Christmas party and then I talked to
the tutors, I talked to the student’s parents and it was a very good crowd. Then it was a very good
meeting finding out what they are doing and it’s very impressive. I think they’ve done a very
good job.
Chair Stinger: I missed you. I must have gone after you.
Vice Chair Chen: Well, I was there an hour and I waited for you in there. I even brought food I
didn’t eat.
Commissioner O’Nan: I’d also like to share that Vice Chair Chen and I about a year and a half
ago attended the first Adolescent Wellness Conference which was held down by the airport. It
was a very good conference so they are redoing it; it’s going to be every other year. This year it’s
going to be down in Santa Clara so we’re going to split the duties. Commissioner Chen will be
going to the Friday session and I’ll be attending the Saturday session so we’ll be reporting back
ADA. The City of Palo Alto does not discriminate against individuals with disabilities. To request accommodations, auxiliary aids or services to
access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting.
Page 50 of 52
to the Commission on that.
Chair Stinger: I attended a meeting of the County Age Friendly committee and heard a report
from Generations United about intergenerational activities. It was very interesting and one of the
things that she particularly talked about that was very interesting and maybe the topic for
quarters meeting is senior or mixed age – there’s a better word for it, shared housing for seniors
and younger people housing as a way to help seniors and help students who need access to the
more affordable housing so we’ll be pursuing that.
2. Council Liaison Report
Chair Stinger: The other Commissioner report is welcome to our Council liaison. Thank you and
we’re happy to have you here. Any reports for us?
Council Member Wolbach: Good to be back and I just want to say thanks for you very good
discussion/deliberation on the CEDAW stuff. Sorry to weigh in so much but I think you got to a
really good conclusion. The amendments improved it and I look forward to further policy
recommendations from this Commission in pursuit of your mandate as it fits into the city’s
broader visions. Thanks.
3. Staff Liaison Report
Ms. van der Zwaag: I think the only thing I was going to report was another event which is at the
end of March, the night before the LGBT event is the Age-Friendly Committee in collaboration
with the Alzheimer's Association is having a dementia awareness event. Same place, Mitchell
Park Community Center, Mary and I maybe will camp out and stay there for the second night but
that event is 7 to 9 and that event is to give information about Alzheimer and other dementia
relates issues and give the members of the public resources in order to best interface with friends,
neighbors, loved ones with Alzheimer’s. Mayor Kniss will be kicking off that event as she is
very dedicated to the issue of Alzheimer’s awareness and dementia awareness.
VI. TENTATIVE AGENDA FOR NEXT REGULAR MEETING: Thursday, March 8,
2018.
Chair Stinger: Plan the March meeting, other agenda items?
Commissioner Lee: I wanted to ask if the leadership team hadn’t considered the agenda item that
myself and Commissioner Brahmbhatt requested via email regarding a follow up to the RV
presentation we were previously provided by staff.
Chair Stinger: In terms of the February meeting, we had not heard back from the City Attorney,
and I thought we had a full agenda.
Commissioner Lee: So, I mean is it on the March agenda?
Chair Stinger: You can certainly suggest it.
Commissioner Lee: Can I make a recommendation…
Chair Stinger: Absolutely.
ADA. The City of Palo Alto does not discriminate against individuals with disabilities. To request accommodations, auxiliary aids or services to
access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting.
Page 51 of 52
Commissioner Lee: … that we add it to the March agenda.
Chair Stinger: Please.
Ms. van der Zwaag: You cannot make a recommendation that it's specifically on the March
agenda, you can make a recommendation that you’d like to see it on an agenda. Then staff and
leadership will put it on the agenda at the soonest possible meeting. I…
Commissioner Lee: Can the Commission vote to put something on a specific agenda?
Ms. van der Zwaag: I have not heard that specifically. It was moved and seconded so definitely
it will be on an agenda. My point is unless we have the information to properly discuss it; I just
don’t want to have a discussion without the benefits of the question that you have framed that
you want to talk. So, just to talk about it to say I want it on the agenda, we haven’t heard from
the City Attorney so it’s a conversation in a void as well.
Commissioner Lee: Sure, could we get a timeline from the City Attorney as to when they think
they can get around to answering the question?
Ms. van der Zwaag: I can request that.
Commissioner Lee: I mean I’m not expecting them to answer right away but an ETA would be I
think appreciated.
Ms. van der Zwaag: Ok.
Commissioner Lee: I mean so it just doesn’t fall into limbo forever.
Ms. van der Zwaag: I understand.
Commissioner Lee: Even if they say five months from now, at least that gives us a sense of when
they’ll get around to it.
Chair Stinger: I’ve had a request from Abilities United to give us a presentation. I guess they
have some new programs. I am just going to list that. I don’t know what our capacity is for
presentations in March because I would like to refine our presentation to Council on April 2nd.
Ms. van der Zwaag: We need to get a second for that.
Commissioner Brahmbhatt: I second that. My son used Abilities United swimming program, it’s
a very good program and the Staff and the people, and they are awesome.
Chair Stinger: Great. The other piece that I asked for was a refinement of our presentation to
Council on April 2nd. We are…
Ms. van der Zwaag: Yes, staff will be writing that report so that report is not going to be
reviewed by the HRC before it goes to Council. I mean if the HRC wants to discuss ok, who’s
ADA. The City of Palo Alto does not discriminate against individuals with disabilities. To request accommodations, auxiliary aids or services to
access City facilities, services or programs, to participate at public meetings, or to learn about the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact 650-329-2550 (voice), or e-mail ada@cityofpaloalto.org . This agenda is posted in accordance with
government code section 54954.2(a) or section 54956. Members of the public are welcome to attend this public meeting.
Page 52 of 52
going to be there? What are some of the key points we’d like to make and so forth but staff will
give a presentation. It will be a Staff Report but I definitely see that the HRC would be there and
to be able to sit with staff to speak to your recommendations.
Commissioner Brahmbhatt: Yes because I think April 2nd is spring break week for the…
Ms. van der Zwaag: I don’t know what to say. It’s very hard to get on a Council agenda. I think
you’re not on that one; it would get pushed back so I can sympathize to that. You know the HRC
can make a decision that it doesn’t want that date and staff can look for another one. All the
Commissioners are not required to be there but if the HRC doesn’t feel like that’s a date that
would work, staff would have to go back and request another date and to see another date that
could be requested.
Commissioner Brahmbhatt: I think I’m the only one with the school going children. I think
Mehdi’s are still babies right?
Chair Stinger: Does April 2nd affect you at all?
Ms. Mary Constantino: Are they asking about the day of the HRC or the Council meeting?
Ms. van der Zwaag: The Council meeting.
Chair Stinger: The other thing that we had mentioned was an update from Healthy Cities,
Healthy Communities. If we wanted to discuss their initiatives on the community to see if there
are any that we were particularly interested in.
Ms. van der Zwaag: Ok so…
Chair Stinger: I’m just trying to go over the things that have come to us in the past. I wouldn’t
prioritize that but I don’t want to lose it from the list.
Ms. van der Zwaag: Right and staff could also see if that was the direction from that Committee
that wanted to give a presentation to the HRC.
Chair Stinger: Thank you for your endurance. Thank you for staying and the meeting is
adjourned.
VII. ADJOURNMENT
Meeting adjourned at 9:58 p.m.