HomeMy WebLinkAbout2020-09-14 City Council Summary MinutesCITY OF PALO ALTO CITY COUNCIL
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Special Meeting
September 14, 2020
The City Council of the City of Palo Alto met on this date in Virtual
Teleconference at 5:03 P.M.
Participating Remotely: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka
Absent:
Special Orders of the Day
1. Appointment of One Candidate to the Human Relations Commission for
a Partial Term Ending May 31, 2021 and two Candidates to the Public
Art Commission for Three-Year Terms Ending May 31, 2023.
Mayor Fine reported Council Members would vote orally.
First Round of voting for one position on the Human Relations Commission
with term ending May 15, 2021.
Voting For: Nilofer Chollampat DuBois, Filseth, Kou
Voting For: Sunita de Tourreil Fine, Tanaka
Voting For: Sofia Fojas Cormack
Voting For: Curt Kinsky Kniss
Voting For: Paula Rugg
Voting For: Lestina Trainor
Beth Minor, City Clerk announced that a majority vote for any candidate was
not received and a second round of voting was needed.
Second Round of voting for one position on the Human Relations Commission
with term ending May 15, 2021.
Voting For: Nilofer Chollampat DuBois, Filseth, Kou
Voting For: Sunita de Tourreil Cormack, Fine, Kniss, Tanaka
Voting For: Sofia Fojas
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Voting For: Curt Kinsky
Voting For: Paula Rugg
Voting For: Lestina Trainor
Beth Minor, City Clerk announced that Sunita de Tourreil with 4 votes was
appointed to the Human Relations Commission.
First Round of voting for two positions on the Public Art Commission with terms
ending May 15, 2023.
Voting For: Djibril Drame
Voting For: Marilyn Gottlieb-Roberts Tanaka
Voting For: Radina Philyaw
Voting For: Hsinya Shen DuBois, Filseth, Kou, Tanaka
Voting For: Harriet Stern Cormack, Fine, Kniss
Voting For: Katherine Talbot
Voting For: Nia Taylor Cormack, DuBois, Filseth, Fine,
Kniss, Kou
Beth Minor, City Clerk announced that Nia Taylor with 6 votes, and Hsinya
Shen with 4 votes were both appointed to the Public Art Commission.
Agenda Changes, Additions and Deletions
None.
Oral Communications
Kat Snyder remarked that Palantir was listed as a sponsor of the upcoming
Moonlight Run. They played an instrumental role in an Immigration and
Customs Enforcement (ICE) roundup of Mississippi workers and helped ICE
subvert the Sanctuary status of the State and the County of Santa Clara. The
City needed to consider the message their relationship played with Palantir
was communicated to residents.
Council Member Tanaka noted Oral Communications was listed to begin at
5:30 P.M., and people wishing to address the Council may not have joined the
meeting.
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Mayor Fine advised that the Council were going to take up Minutes Approval
and Consent Calendar and then return to Oral Communications.
Deborah Simon, Friends of Cubberley Chair announced a forum had been
scheduled for Thursday. Information was on the Friends of Cubberley website.
Sam Kaplinsky wanted the City to consider building a new skate park.
Skating, biking, and scootering were great ways for kids to find a community.
Josh Balogh listed the advantages and popularity of skating and skateboarding. Greer Park was an iconic historical landmark, but a new skate
park was going to provide updated obstacles.
Christian Saleh felt a skate park would be good for the community. Greer
Park was too difficult for beginners, and Burgess Park was too crowded for
beginners.
James Hindery suggested the Council begin work on a new skate park so that
construction could occur in a few years.
Conor Burns supported a new skate park because it would benefit kids.
Alex Kaplinsky supported the construction of a new skate park.
Rebecca Eisenberg concurred with previous comments.
Veronica Saleh remarked that her son and his friends often visited skate parks
in other cities because of the amenities they offered. A new skate park
welcomed more community and facilitated skaters of all abilities. Kids needed
relief from rigorous academics and competition.
Dave Kirby remarked that Greer Park needed more street-style obstacles.
Older skaters mentored young and new skaters, which created community
and bonds.
Bennett Hardy commented that Greer Park was good, but it could be
improved.
Minutes Approval
2. Approval of Action Minutes for the August 17 and 24, 2020 City Council
Meetings.
MOTION: Mayor Fine moved, seconded by Council Member Kniss to approve
the Action Minutes for the August 17 and 24, 2020 City Council Meetings, with
the inclusion of “Plan” after Carbon Neutral in the August 24, 2020 minutes.
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Council Member Cormack noted a typographical error on Page 2 of the Minutes
for the August 2, 2020 meeting.
MOTION PASSED: 7-0
Consent Calendar
MOTION: Council Member Kniss moved, seconded by Council Member
Tanaka, third by Council Member Cormack to remove Agenda Item Number
4, “Approval of an Extension of the Pilot Phase of the Old Palo Alto Residential
Preferential Parking Program …” from the Agenda to be heard at a later date.
Ed Shikada, City Manager advised that Staff was not prepared to discuss
Agenda Item Number 4.
Council Member Cormack suggested the item return to the Council along with
the item regarding the California Avenue parking garage.
Mayor Fine noted the pilot program was authorized for one year; therefore,
Staff wanted to attempt to reschedule Agenda Item Number 4 prior to October
31, 2020.
MOTION: Mayor Fine moved, seconded by Council Member Cormack to
approve Agenda Item Numbers 3, 5-7.
3. Approval of Contract Number C21178263 With McGuire Pacific
Constructors, Not-to-Exceed $130,000, for On-call Residential
Preferential Parking Program (RPP) Signs and Installation.
4. Approval of an Extension of the Pilot Phase of the Old Palo Alto
Residential Preferential Parking Program (RPP) for a Period of Twelve
Months.
5. QUASI-JUDICIAL. 4175 Page Mill Road [20PLN-00040]: Request for Site
and Design Review to Allow Replacement of Vault Restroom In-situ With
Prefabricated CXT Vault Restroom, Installation of American Disabilities Act (ADA) Parking Stalls, Construction of an ADA Path of Travel, and
Minor Grading of an Existing Gravel Parking lot. Environmental
Assessment: Exempt. Zoning District: Open Space (OS).
6. Adoption of Revised Salary Schedules for Various City Employee Groups
Including Service Employees International Union (SEIU), SEIU hourly
and Limited-hourly Employees; Revision to the Management and
Professional Employees’ Compensation Plan.
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7. Approval of Three Items Related to the Junior Museum and Zoo (JMZ):
1) Acceptance of a $250,000 Federal Grant for a California Dinosaur Garden Exhibition; 2) Approval of a Budget Amendment in the Capital
Improvement Fund by a Two-thirds Vote; and 3) Approval of an
Extension Until 2022 of the Agreement With the Friends of the Palo Alto
Junior Museum and Zoo for Mutual Cooperation and Support to Facilitate
the Friends’ Financial and Administrative Support of the JMZ.
MOTION PASSED FOR AGENDA ITEM NUMBERS 3, 5-7: 7-0
City Manager Comments
Ed Shikada, City Manager reported a temporary Cooling Center/Community
Respite Center would be open all week at Mitchell Park Community Center.
The electric utility pole replacement project was delayed because of poor air
quality. Work was to continue dependent upon air quality. Staff was awaiting
guidance from the County of Santa Clara (County) regarding Halloween
activities. Free COVID-19 testing was scheduled for September 25 and
October 9 and 23, 2020. The Library's sidewalk service was available on
Saturdays, and returned materials were being quarantined for 96 hours. The
Wishing Trees Project, a partnership between the City and Canopy, was
seeking wishes for a better world. Members of the community were able to
write their wishes and leave them near trees at locations across the City. The
Council planned on discussing race and equity on September 28, 2020 and
the Independent Police Auditor was to be present.
Council Member Kniss indicated her test at the pop-up event was handled
professionally and efficiently.
Council took a break at 5:42 P.M. and returned at 5:56 P.M.
State/Federal Legislation Update/Action
8. Study Session With the City's State Legislative Advocate Regarding Bills
From the 2020 Legislative Session.
Niccolo De Luca, Townsend Public Affairs, reported the legislative session had
ended August 31, 2020. The Legislature passed Assembly Bill (AB) 3088. The
Governor had to act on bills by September 30, 2020 and had acted on about
30 bills. The Governor signed the bill banning flavored tobacco products and
the Eviction Relief Bill. Three bills pertaining to police reform and three bills
pertaining to housing were to be sent to the Governor. The next legislative
session was to be the first in the two-year cycle, and new Senators and
Assembly Members were to be joining the Legislature.
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Kat Snyder inquired about the timeframe for police reform legislation to
become law if it had not already been signed.
Winter Dellenbach understood Senator Skinner would reintroduce Senate Bill
(SB) 776 and requested an explanation of the process for reintroducing bills.
Mr. De Luca reiterated that active bills had been sent to the Governor. The
Legislature was to convene in January 2021, then legislators were able to
introduce bills at that time. If Senator Skinner reintroduced SB 776, it would receive a new number. Senator Bradford introduced SB 731 regarding
decertification of police officers. More than likely, bills concerning housing,
public safety, and COVID-19 recovery were to be introduced in January 2020.
He expected to see the same topics in the Governor's Proposed Budget.
Council Member Filseth inquired about the possibility of an emergency session.
Mr. De Luca did not believe that would occur because of COVID and elections.
Council Member Cormack inquired regarding Assembly Constitutional
Amendment (ACA) 1.
Mr. De Luca indicated funding was the most important factor for affordable
housing. Concerns about rebuilding from wildfires and small business
recovery was likely to reduce any funding for housing.
Council Member Cormack expressed interest in receiving additional
information about ACA 1 and inquired regarding AB 66.
Mr. De Luca related that AB 66 concerned police responses to unruly protests
and crowd control measures. The Senate did not take it up, but suspected it
would return in 2021.
Council Member Kou asked if ACA 1 would reduce the supermajority threshold
from 66.7 percent to 55 percent for Sales Tax and Parcel Tax measures.
Mr. De Luca indicated it would reduce the supermajority threshold, but it
would apply to Property Tax measures only.
Council Member Kou inquired about the funding method proposed in SB 795.
Mr. De Luca explained that SB 795 was amended several times, and he would
have to provide the information at a later time.
Council Member Kou asked about SB 1299.
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Mr. De Luca reported the Assembly did not take it up, but it may be
reintroduced in 2021. SB 1299 proposed incentives for redevelopment of
vacant retail spaces as mixed-use sites.
Council Member Kou inquired about methods for municipalities to encourage
a reintroduction of SB 731.
Mr. De Luca suggested cities send letters to the delegation providing their
reasons for supporting decertification of police officers. Working with other
municipalities and building coalitions were often helpful.
Council Member Kou requested Mr. De Luca's opinion on the likelihood of the
Governor signing AB 2054.
Mr. De Luca believed the Governor would sign it. AB 2054 authorized a pilot
program for service providers and nonprofit agencies to respond to calls that
might not need a law enforcement response.
Council Member Kou requested an explanation and the pros and cons of
SB 1206.
Mr. De Luca promised to provide information at a later time.
Council Member Kou requested the status of AB 725 and AB 2345.
Mr. De Luca responded that both bills were on the Governor's desk. Both bills
proposed revising the Density Bonus Law to increase the maximum allowable
density. He did not believe AB 725 would impact City of Palo Alto. AB 2345
provided incentives for developers with the goal of increasing density.
Council Member Kou requested the status of AB 3182.
Mr. De Luca seemed to recall it was held in the Assembly Appropriations
Committee.
Council Member Kniss inquired about the mood and outlook of the Legislature.
Mr. De Luca remarked that everyone had been excited to see the year end. Legislators were frustrated by the challenges of Zoom meetings and votes and
the inability to discuss legislation. A great deal was left unsaid. The year
2021 was to be an extremely busy session with new members and a massive
amount of legislation.
Council Member Kniss noted the public did not believe life would be normal by
January 2021. She inquired about Proposition 15.
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Mr. De Luca needed to research the legislation and report later. There had
been some discussion of a bail out or stimulus package for transit agencies.
Council Member Tanaka inquired about the possibility of the Legislature
amending the Brown Act to allow the use of remote or virtual meetings after
COVID-19.
Mr. De Luca related that there had been discussion of allowing public
participation via telephone, but the discussion of the digital divide was louder.
Council Member Tanaka favored amending the Brown Act to embrace
technology, increase accessibility and modernize and streamline
requirements.
Mr. De Luca foresaw legislation proposing amendments to the Brown Act and
Sunshine Act to allow greater participation.
Council Member Tanaka asked about State finances and the effects on funding
for local jurisdictions.
Mr. De Luca expressed concerned about the State's finances, especially in the
first and second quarters. The Financial Report in August 2020 was better
than expected. Grant programs were fine because they were funded with
bonds. The federal government needed to provide major funding, and that
probably would not occur before the November 2020 election.
Council Member Tanaka requested an update on the California Public
Employees' Retirement System (CalPERS).
Mr. De Luca had not received any information about CalPERS.
Vice Mayor DuBois requested the current maximum Sales Tax.
Mr. De Luca answered 2 percent above the State's 7.25 percent. The prior
year, Governor Newsom vetoed on a bill allowing Alameda County to exceed
the cap. However, the Bay Area Rapid Transit (BART) and the countywide transportation portions of Sales Tax were removed so that cities could increase
Sales Taxes. The maximum Sales Tax that could be charged in Santa Clara
County was 9.25 percent.
Vice Mayor DuBois asked if SB 350 would remain in effect if PG&E suffered
some type of financial crisis.
Mr. De Luca replied yes.
Vice Mayor DuBois requested the status of SB 1085.
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Mr. De Luca indicated it had not gone forward.
Vice Mayor DuBois requested details of the density bonuses contained in AB
2345.
Mayor Fine advised that AB 2345 would not reduce the affordable housing
percentage except for two incentives.
Council Member Filseth noted the legislative session ended with a large rift
between Democrats and Republicans. He asked about rifts within the
Democratic Party.
Mr. De Luca suggested frustration was the norm and had not affected one
party more than the other. AB 2345 limited additional incentives to projects
located within a half mile of major transit stops, increased the restriction of
17 percent of total units to 20 percent, and deleted an option for developments
to receive five incentives and concessions.
NO ACTION TAKEN
Action Items
9. PUBLIC HEARING: Adoption of an Interim Ordinance Amending Title 18
(Zoning) of the Palo Alto Municipal Code to Temporarily Allow 24-hour
Safe Parking on City-Owned Sites in the PF Zoning District; and Approve
a 3-Year Lease With the County of Santa Clara (Tenant) at 2000 Geng
Road for Safe Parking.
Rachel Tanner, Assistant Director Planning and Development Services
reported the Safe Parking Program would provide a designated parking
location for community members living in vehicles and recreational vehicles;
provide onsite bathrooms and lot monitoring; and connect participants to
social services. Folks needed to register and be screened to participate. Even
with an effective and successful program, persons were to remain homeless and/or continue to dwell in their vehicles in Palo Alto. In response to a June
2019 Colleagues' Memo, the Council referred the matter to the Policy and
Services Committee. In January 2020, the Council adopted an Interim
Ordinance for a Tier 1 congregation-based program with the expectation that
Staff would learn from the Tier 1 program and develop Tier 2 and 3 programs.
The Shelter-In-Place order of March 17, 2020 had delayed applications for the
Tier 1 program. Supervisor Simitian suggested the City work with the County
of Santa Clara (County) to provide a 24-hour Safe Parking Program. Thus,
Staff proposed a Tier 3 Safe Parking Program. The standards for the Safe
Parking Program were similar to those of a Tier 1 program. The City planned
on leasing the land to the County for 36 months. The County selected Move
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Mountain View to operate the Safe Parking Program. The County was going
to fund the operator but, as the leaseholder, would be responsible for care of the site. The operator believed it could serve up to 12 households at the site.
The proposed Interim Ordinance allowed the City to lease land zoned Public
Facility for this program; establish operational standards; and require notice
to property owners and occupants located within 600 feet of the site. Staff
sent notice of the Council meeting to property owners and occupants located within 600 feet of the Geng Road site. The Geng Road site was located near
the Baylands Athletic Facility and served as the temporary location of Fire
Station 3.
Amber Stine, Move Mountain View Program Director advised that Move
Mountain View began operations 2 ½ years ago with locations in two church
parking lots. Since April 2020, Move Mountain View added two municipal
parking lots and was currently serving 132 people. Case management was
provided through a CSA, but Move Mountain View were to hire their own case
managers. Food pantries provided meals for participants. Overall, clients
were satisfied with services, and Move Mountain View's experience was
positive. The case managers assisted families in obtaining electronic devices
and internet service for school-aged children.
Joe Simitian, County Supervisor noted Move Mountain View provided more
than a parking area. The goal was to provide assistance such that participants
could move into housing. While the program provided space for 12 vehicles,
the number of participants were greater. As participants found housing,
additional people were able to join the program and receive assistance.
Public Hearing opened at 7:04 P.M.
Ryan Globus supported the program and asked the Council to support it. If the Council wished to amend the program, amendments were not to result in
delays to implementing the program.
Mark Mollineaux believed development of the program was slow, and the
proposed program was insufficient for the number of people needing
assistance. The housing crisis was going to worsen in February 2021 when
evictions were allowed.
Steven Lee hoped success of the program would lead to expanded services
and more participants.
Eileen Altman supported the program and Move Mountain View. She hoped
faith communities could partner with the program to expand the program.
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Patti Regehr, Human Relations Commission supported the Safe Parking
Program, adoption of the Interim Ordinance, and approval of the lease
agreement.
Rebecca Eisenberg suggested the Council word the Interim Ordinance to allow
the program to expand to additional locations. She expressed concern about
the size of Move Mountain View and its need to hire additional staff.
Rohin Ghosh thought it was very important for the Council to approve the program as presented or with additional services and without any delays. The
need for this program reflected the community's inability to build sufficient
housing for all income levels.
James Hindery supported the program and noted the proposed location was
not near services or transit. This was only the first step in addressing the
homelessness crisis. The chronically homeless did not own vehicles. The City
had to increase housing supply.
Evelyn Keomian urged the Council to approve the program and move it
forward quickly.
Kevin Ma supported the Safe Parking Program and believed more programs
should be available for the homeless.
Winter Dellenbach urged the Council to approve any recommendations that
accomplished this program, which was free to the City. The operator was an
experienced local nonprofit agency. The site contained the necessary
amenities.
Kelsey Banes believed this was a vital service that would increase the quality
of life for people living in unsafe conditions. Given the urgency of the
situation, the site was acceptable for now, but a site closer to services was
needed.
Jordan Grimes, Peninsula for Everyone supported the action and expansion of
these kinds of programs.
Public Hearing closed at 7:28 P.M.
Vice Mayor DuBois wished this item was agendized more broadly in order to
discuss a Tier 2 program and City management of a Tier 3 program. He
requested the reasons for the delay of Tier 1 programs.
Ms. Tanner clarified that any faith congregation could apply for a permit to
operate a Tier 1 program. The Shelter-In-Place Order and a search for
resources caused a delay in applications being submitted.
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Vice Mayor DuBois suggested some businesses might be willing to offer their
parking lots for a Tier 2 program as parking demand was minimal. He inquired about the effects of the Emergency Order's expiration on the Safe Parking
Program.
Ms. Tanner explained that the State order allowing jurisdictions to declare a
shelter crisis was set to expire in 2022; however, an extension to 2026 would
be presented to the Governor.
Vice Mayor DuBois asked if a Recreation Vehicle owner could travel to a dump
station and return to the program without losing his space.
Ms. Tanner responded yes.
Vice Mayor DuBois stated social services were a key component of the
program. He inquired whether the City could monitor the program in order to
replicate it.
Ms. Tanner answered yes.
Council Member Kou asked if laundry facilities were available at the site.
Ms. Tanner indicated a washer and dryer were onsite, and hookups were
available.
Council Member Kou requested the start date of the program.
Ms. Tanner advised that some minor site improvements were needed, but the
program was scheduled to begin in about six weeks.
Council Member Kou asked if the programs at the Mountain View municipal
lots operated 24 hours a day, 7 days a week (24/7).
Ms. Stine responded yes.
Council Member Kou inquired whether the faith organization that had
expressed interest in a program was to operate 24/7.
Ms. Tanner related that it would be a Tier 1, overnight program.
Council Member Cormack remarked that the 24-hour nature of the program
was important to ensure the health and safety of program participants. She
inquired regarding the number of Mountain View participants that moved into
supportive housing.
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Michael Love, Move Mountain View indicated 3,000 people were placed in
housing over the life of the crisis.
Council Member Cormack asked if participants could utilize the site address to
vote and receive mail.
Ms. Tanner believed homeless people were allowed to utilize the nearest
address for voting purposes.
Ms. Stine related that Mountain View participants were not receiving mail at the sites because there were no buildings or mailboxes to receive mail. In
Palo Alto, mail was able to be received and stored securely in the building.
Council Member Cormack asked if Wi-Fi could be provided to the site.
Ms. Tanner reported the building had the capacity for Wi-Fi.
Ms. Stine believed Wi-Fi could be provided to participants; it was merely a
matter of financial need.
Council Member Cormack requested the process for the community to donate
goods or funds to the program.
Ms. Stine suggested anyone wishing to donate to the program contact Move
Mountain View at 650-861-0181.
Council Member Kniss asked where children in the program would attend
school.
Ms. Tanner did not have that information, but perhaps Staff could work with
Palo Alto Unified School District (PAUSD) to allow students to continue
attending the schools where they had been registered.
Council Member Kniss noted the elementary school closest to the site was
Duveneck, but PAUSD was to make the decision. She requested Ms. Stine
discuss potential problems about which the Council had not considered.
Ms. Stine stated Ms. Tanner had been very thorough and asked all the right questions. Issues could arise based on the needs and dynamics of
participants. Perhaps City Staff was able to review the site for utilitarian issues
such as drainage.
Council Member Kniss requested the largest number of participants in the
Mountain View programs.
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Ms. Stine advised that both programs were full and provided spaces for a total
of 59 vehicles. She was preparing to open another parking lot in Mountain
View, and its size was comparable to the Geng Road site.
Council Member Kniss asked if park facilities were near any of the programs.
Ms. Stine indicated Shoreline was a park.
Council Member Kniss inquired about the longest stay of a participant.
Ms. Stine reported the average stay was around 120 days.
Council Member Kniss asked if the participants moved to situations that were
more permanent than the program.
Ms. Stine explained that quite a few participants moved into permanent
housing, returned to living with family members, or left the area.
Council Member Kniss concurred with Vice Mayor DuBois in that social services
were the critical component of the program.
Council Member Tanaka requested the length of time the Geng Road site was
vacant.
Ms. Tanner seemed to recall that the Fire Department vacated the site in the
spring.
Council Member Tanaka inquired regarding the City's plans for the site prior
to identifying it for the Safe Parking Program.
Ms. Tanner reported she had not found any specific plans for the site.
Ed Shikada, City Manager added that the Parks and Recreation Commission
and Parks Department expressed interest in the site for additional recreational
uses.
Council Member Tanaka asked if the rental amount would be zero.
Ms. Tanner replied yes.
Council Member Tanaka requested the square footage of the lot and the building, the potential lease amount under a market-rate lease, and the party
responsible for utilities.
Ms. Tanner answered the County would be responsible for utilities.
Council Member Tanaka requested the restrictions on lease termination.
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Tim Shimizu, Deputy City Attorney reported the City could terminate the lease
agreement if the County breached any performance standards contained in the lease. The County was able to terminate the lease, given ten business
days' notice.
Council Member Tanaka requested the rationale for not providing the City with
a right to terminate for convenience.
Mr. Shimizu explained that the City terminating the lease with ten days’ notice was extremely disruptive to program participants. The City's ability to
terminate based on breach protected the City.
Council Member Tanaka asked if the City could terminate the lease based on
a need to utilize the site.
Mr. Shimizu answered no.
Mr. Shikada added that Staff would find a site other than Geng Road if there
was a critical need. The City was not likely to need a site for a fire station.
Molly Stump, City Attorney advised that the City and County were
intergovernmental partners. The program was to provide needed services for
residents of the City and County. If there was a priority need for the site,
presumably the County would entertain discussions with the City about
alternatives for the Safe Parking Program. Any contract could be amended by
mutual agreement. The County was providing services at no cost, and the
City was providing the land and building at no cost.
Ms. Tanner indicated the portion of the parcel leased to the County contained
about 39,000 square feet. A car dealership leased approximately 15,000
square feet of the parcel at $0.65 per square foot per month with 3-percent
annual increases. The building occupied a third or less of the site.
Mayor Fine remarked that the Safe Parking Program would provide needed services. He expressed concerns regarding location and core issues. He
inquired whether the program at this location would simply remove vehicle
dwellers from sight. Adoption of the Interim Ordinance allowed this type of
use on all parcels zoned Public Facility, which included the new California
Avenue parking garage, Cubberley Community Center, and El Camino Park.
Many years ago, Cubberley hosted this type of program, but it was canceled
because of community concern. This program was effective only if affordable
transitional housing was available. People having to live in their recreation
vehicles and vehicles were the result of the high cost of living in the region
and the lack of housing for different levels of income.
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Council Member Filseth expected demand for parking spaces to exceed supply
and asked how that would be managed.
Ms. Stine reported Mountain View created eligibility criteria for applicants and
established a priority for households with children attending Mountain View
schools, senior citizens with past or present ties to the community, households
living and working in Mountain View, and people with disabilities. Offering the
program to some households facilitated the next solution.
Council Member Filseth commented that the Geng Road site with the needed
facilities was reasonable.
Council Member Kou recalled services provided by the Opportunity Center and
asked if participants could utilize those services.
Ms. Tanner noted that the program would partner with LifeMoves because
LifeMoves was a designated provider of certain services for the City. Children
were able to attend any PAUSD school because participating in the program
was considered homeless.
MOTION: Council Member Kou moved, seconded by Vice Mayor DuBois to:
A. Find the proposed Interim Ordinance and approval of the lease
agreement exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 and 15303 of the CEQA Guidelines;
B. Adopt an Interim Ordinance Amending Title 18 (Zoning) of the Palo Alto
Municipal Code to Temporarily Allow 24-Hour Safe Parking on City
Property in the PF Zoning District (PAMC Chapter 18.28), and
Establishing Temporary Regulations Related to Safe Parking (PAMC
Chapter 18.42); and
C. Approve the Three-year Lease between the City (Landlord) and the
County of Santa Clara (Tenant) for City property located at 2000 Geng
Road, Palo Alto for Safe Parking.
Council Member Kou felt the program would be in good hands with Ms. Stein
and Mr. Love. The objective of the Colleagues' Memo was to help people move
into stable housing. This program was a good first step.
Vice Mayor DuBois indicated the City could lease the site to a commercial
business, but the City had a responsibility to residents, including those living
in vehicles. This was a first step in addressing an ongoing challenge. He
rejected the idea that the City should maximize revenue over people.
Council Member Tanaka inquired whether the building was single-story.
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Ms. Tanner answered yes. She corrected her previous statement about the
size of the parcel. The total square footage was 39,000 with the Honda dealership leasing 15,000 square feet and the County leasing 24,000 square
feet. Three single-story buildings were located on the parcel.
Council Member Tanaka requested the square footage of the building.
Ms. Tanner replied approximately 5,000 square feet. She was unsure whether
another small garage was included in the square footage.
Council Member Tanaka asked if firefighters lived in the fire station and, if so,
the number.
Ms. Tanner responded yes. She assumed one firefighter occupied each
dormitory room, and there were three dormitory rooms. She was not aware
of the staffing for the fire station.
Council Member Tanaka calculated an annual rental amount of $300,000 for
the former fire station based on $5 per square foot. He inquired whether
$172,000 and $300,000 was a fair estimate of the annual rental amount for
the former fire station.
Ms. Tanner did not want to venture a guess as to what a fair market rate
would be.
Mr. Shikada suggested the range was a bit high. He asked if Council Member
Tanaka was attempting to estimate the opportunity cost for the site.
Council Member Tanaka answered yes. He shared his thoughts regarding the
Safe Parking Program accommodating 12 households, the former fire station
accommodating more or less people, and leasing the site and investing the
rental payments in a homeless program.
Ms. Tanner calculated an annual rental amount of $140,000 for leasing the
19,000-square-foot parking lot to an automobile dealership at $0.65 per square foot. The Council was able to direct Staff to lease the site and allocate
the rent proceeds to a homeless program. A revenue generation model was
possibly part of the future.
Mr. Shikada noted the site had been a problem historically. A 24-hour Parking
Program for vehicle dwellers was not available in any other form in the City.
Council Member Tanaka related that revenue could be greater if the City
leased the former fire station. He inquired about input from nearby offices.
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Ms. Tanner reported Staff had not received any correspondence from
neighboring uses. Staff contacted two private schools located there, but
neither provided any feedback.
Council Member Cormack reiterated that this was a comprehensive program
for families in need, and the site happened to be a parking lot.
Council Member Kniss commented that the Mountain View program was
successful because housing was available for participants. The City was not able to provide housing for program participants. In fact, the City did not
provide affordable housing in the past ten years. She inquired whether the
participants were going to have to leave Palo Alto to find long-term permanent
housing.
Council Member Filseth noted the total number of households aided by the
Palo Alto program were to exceed 12 because of the turnover rate. The City
had to try new ideas and would learn valuable lessons from the Safe Parking
Program.
Council Member Tanaka inquired regarding the City's ability to amend the
lease after it had been executed.
Ms. Stump reiterated that one party could initiate conversations with the other
party about modifications.
Council Member Tanaka proposed including language allowing the City to
terminate the lease after a year.
Council Member Kou did not agree to incorporate such language. The County
needed stability in order to apply for funding.
Vice Mayor DuBois concurred with Council Member Kou.
MOTION PASSED: 7-0
Council took a break at 8:26 P.M. and returned at 8:40 P.M.
10. Verbal Update and Possible Direction to Staff on COVID-19 Related to
Business Recovery Efforts.
Ed Shikada, City Manager hoped the City had reached the point at which they
were able to stop responding to daily issues and begin to plan for the short
term.
Rachel Tanner, Assistant Director of Planning and Development Department
Services advised that the Report would focus on store-front businesses,
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including retail, personal services, and automobile dealerships. On August 28,
2020 Governor Newsome released his Blueprint for a Safer Recovery: a Slow Plan for Living with COVID-19 (Blueprint), which included a four-tiered, color-
coded system for COVID-19 transmission. Tier 1 indicated COVID-19
transmission was widespread, and Tier 4 indicated COVID-19 transmission
was minimal. A color was assigned to each county. On September 8, 2020,
Santa Clara County was designated Tier 2, which indicated substantial COVID-19 transmission. If Santa Clara County was able to maintain the ratings for
Tier 3 for three weeks, the County was to move into Tier 3. If a County Health
Order was more restrictive than the State's order, the County Order would
control. Prior to the pandemic, retail was reorienting to more efficient
platforms. Consumers were shifting from purchasing goods to enjoying
experiences. Consumers and cities wanted retail located within walking
distance of housing. During the pandemic, the ability to obtain goods was
accomplished in many ways. Recovery was slower in wealthier ZIP Codes.
Brick and mortar retailers needed to adapt protocols and spaces to prevent
the spread of COVID-19; offer superior customer experiences; and develop a
digitally native online presence. Key effects of COVID-19 were consumer
shifts to value and essentials, to digital and omnichannel shopping, to new
brands, places to shop and shopping methods, to a health and caring
economy, and a homebody economy. The Uplift Local campaign encouraged
people to eat, shop, and celebrate Palo Alto. Staff was working with retailers
to refine ideas for a collaborative holiday shopping campaign, coordinated
marketing, outreach to shopping districts Citywide, maintain empty storefront
windows, and support shopping districts as destinations. Support for
businesses included developing guidelines for outdoor businesses through the fall and winter, continuing the business liaison position and outreach,
providing testing, supporting compliance with health orders, helping
businesses adapt physical spaces, adjusting signage requirements, capping
delivery fees, hosting industry-specific outreach, reviewing eviction moratoria,
and providing business and worker support programs. Measures for post-
pandemic recovery included adjusting the Retail Preservation Ordinance,
adjusting parking requirements; adjusting the Zoning Code to recognize
experiential retail; updating the Code to incorporate new uses;
reconsideration of formula retail restrictions; allowing nonconforming uses to
re-establish within 12-18 months; and encouraging pop-up shops/temporary
uses. Potential longer-term recovery strategies were to increase the local
customer base; supporting experience retail; and retaining major employers,
producers, and start-ups.
Jim Nellis, Town and Country Village, reported COVID had severely impacted
tenants of Town and Country Village. For September, sales were down year-
over-year 60-80 percent. Prior to the pandemic, the vacancy rate was 6-7
percent. The current vacancy rate was 15 percent and rising to 20-25 percent.
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He was working with individual businesses to reopen. The continued closure
of Palo Alto High School and Stanford University affected sales. He was working with the City to implement a tent program for outdoor dining during
the winter.
Mayor Fine remarked that the City's attention had shifted to local businesses
and how they supported the community and residents.
John Shenk urged the Council to remember all retailers in the City when considering new initiatives. Thriving in the current environment was not
realistic without changes.
James Hindery was disappointed to learn the local 7-11 had received a small
business grant while his dry cleaner, an immigrant who had been in business
for many years, did not. He suggested the criteria for future grants eliminate
national chains from eligibility.
Michael Ekwall commented that increasing restaurant sales to 25-50 percent
of normal only prolonged their agony. Approval of Proposition 15 was
effectively going to kill businesses with triple net leases.
Rebecca Eisenberg indicated Proposition 15 would not necessarily increase the
rents. She felt Mr. Shenk should identify his business.
Steve Sinchek, Local Union and Old Pro restaurants thanked the City and Staff
for all their efforts with businesses. He hoped the City would allow a tent
program in other parts of the City.
Cherry LeBrun, De Novo understood closure of University and Ramona had
benefited restaurants; however, she and other business owners had observed
a distinct decrease in foot traffic. She proposed University and Ramona
reopen for the holiday shopping season because restaurants needed to be able
to serve customers within sidewalk and parklet seating areas.
Debra Szecsei, Vino Locale requested signage to alert the public to restaurants
on side streets and suggested the City consider allowing heaters under tents
for outdoor dining in the winter.
Peter Katz, The Counter agreed with Mr. Ekwall's comment regarding
Proposition 15 because most leases allowed landlords to pass Property Taxes
to tenants.
Vice Mayor DuBois wanted more data. In other cities, businesses had
implemented programs to aid recovery. The City had limited resources, and
the Council needed an update regarding the Budget. The City needed to focus
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on public health and safety. More rapid COVID-19 testing and childcare were
good ideas. Ventilation of enclosed spaces, whether indoors or outdoors, and enabling foot traffic for holiday shopping were short-term concerns. The
consumer shift to value and essentials indicated the Council should maintain
the Retail Preservation Ordinance and rents at retail levels. Rents were to
increase if more uses were allowed. Any program that required a subsidy
should return to the Council with the Budget. Signage to accommodate wayfinding was logical. The Council needed to focus on short-term and mid-
term post-pandemic changes. He thought the Council should not approve
long-term actions because the new Council could reverse the actions.
Discussions with the business community needed to include residents.
Council Member Kniss noted some of the outdoor dining areas were elaborate.
The requests for reopening University Avenue were to continue. She
questioned whether data would benefit Council discussions when the world
was changing daily.
Council Member Cormack suggested the Council consider potential strategies
through a lens based on what residents needed and could support. The issue
was not current testing but testing needed to allow schools to reopen.
Industry-specific initiatives were very important. Medical care was a large
part of the community. Unfortunately, not all businesses were going to
reopen.
Council Member Tanaka encouraged Council Members to read the report on
Sales Tax for Quarter 1 of Fiscal Year (FY) 2019-2020. He requested Mr.
Nellis' suggestions for ways the City could help businesses.
Mr. Nellis reported businesses had complained about the challenges of paying
utility bills. Without change, the only full-service restaurants operating in Palo Alto were going to have very high price points. Temporarily modifying the
rate of increase for the minimum wage was a strong signal of the City's
support. Prospective tenants were inquiring about multiuse spaces so that
they could provide a variety of events in one space. Town and Country Village
submitted a letter to the Planning Department requesting zoning changes to
allow multiuse spaces.
Council Member Tanaka proposed the Council consider redesigning University
Avenue to allow permanent parklets. He heard many small businesses
complain about their utility bills. Perhaps the Commission needed to convene
a recovery commission.
Council Member Kou questioned whether the Council should discuss changing
strategies and Ordinances when a large group of stakeholders were not
present.
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Molly Stump, City Attorney advised that Staff intentionally drafted the Agenda
Item broadly to allow the Council to provide a range of feedback. She said the Council may direct Staff to return with information or recommendations.
The item had not been noticed as a final decision on any program or
Ordinance.
Council Member Kou wanted clarity regarding interactions between the
California Avenue farmers market and restaurants, data for businesses open and closed in Downtown, and employee comments regarding a change in the
minimum wage. She requested clarification of belt tightening and
reassessment of Property Taxes as stated in the presentation.
Ms. Tanner explained that the topics were raised in early discussions at the
Business Roundtable. Some businesses suggested lowering Property Taxes
on commercial property though a reassessment could aid their recovery. Belt
tightening pertained to the City being more frugal.
Council Member Kou expressed interest in actions taken in other cities to cap
delivery fees and in industry-specific outreach.
Mayor Fine remarked that the City's financial woes pointed to a visitor's
economy. Many of the services delivered to residents were funded by
businesses, Sales Tax, and Hotel Tax. Discussions about providing services
and supporting businesses would be iterative. The Retail Preservation
Ordinance had neither created retail shops nor benefited the City. The Council
needed to look at different types of retail. Perhaps the Council was able to lift
some parking requirements to enable a more diverse and mixed set of retailers
to support the community and residents.
Council Member Filseth concurred with the Council focusing on short-term and
medium-term initiatives. The community needed to be involved in discussions of long-term initiatives. The promotions were good. Industry-specific
outreach and working with residents were good ideas. The Council should
look at adding flexibility to aesthetic and environmental regulations but stay
away from regulating business operations. Discussion of the Retail
Preservation Ordinance needed to be judicious.
Vice Mayor DuBois clarified that his desire for additional data pertained to the
City's situation and the local economic scene. Businesses that served
residents' needs were probably going to survive. The Council needed to hear
from big businesses, property owners, and the community about what they
want to do to maintain the ambience of Palo Alto. Any adjustment to the
Retail Preservation Ordinance required a lot of detail. He felt the Retail
Preservation Ordinance was highly successful.
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MOTION: Vice Mayor DuBois moved, seconded by Council Member Tanaka
to direct Staff to explore options and return to Council with:
A. Rapid COVID-19 testing and what the City can do to ramp up testing;
B. Childcare and how the City can support childcare services; and
C. A holiday strategy to support holiday shopping in our major shopping
areas.
Council Member Tanaka believed testing was key to businesses reopening. The Council was going to need to develop some type of semi-permanent,
weather-resistant parklet and a strategy to make parklets permanent.
Mayor Fine supported Subparts A and C. Childcare may be perceived as more
of a problem than it was. Expanding the Retail Preservation Ordinance
Citywide was a poor move.
AMENDMENT: Mayor Fine moved, seconded by Council Member Tanaka to
direct Staff to explore options and return to Council with:
A. Temporarily suspending the Retail Preservation Ordinance outside of the
commercial cores;
B. Temporarily altering or suspending required parking changes for a
change of use; and
C. Allowing diverse retail uses in all retail sites.
Mayor Fine remarked that there were a number of sites outside the
commercial cores that were not naturally retail, for which the Council had
waived the requirement for retail, or the sites had remained vacant. The
Business Roundtable had confirmed that certain sites on California Avenue
were unable to accommodate a preferred retail use because the City required
the preferred use to provide more parking spaces than the site could provide.
The City's restrictions on locations for retail uses needed to be modified.
Council Member Tanaka indicated vacant storefronts negatively affected
retailers' business. Retail needed to be focused in an area that was walkable
and vibrant. New types of retail drew people to an area.
Council Member Kniss supported the Amendment. Modifying the Retail
Preservation Ordinance gave the existing retail businesses a good chance to
survive.
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Council Member Cormack was willing to allow new and novel retail uses and
was interested in learning about the issues of Subparts A and B.
Council Member Kou believed Subpart A of the Amendment could result in
office uses. She expressed concerns regarding South Palo Alto residents
having to travel further to shop and dine and about the Agenda Item not
including the topics of the Amendment. She thought property owners should
not tell the Council which uses they wanted on their properties. The Council
was to determine what the City became.
Council Member Filseth had not heard a good explanation of why suspending
the Retail Preservation Ordinance would help retail. An Ordinance was not
able to be modified temporarily. He proposed bifurcating the Amendment.
Vice Mayor DuBois requested the definition of retail and retail-like uses. He
supported bifurcating the Amendment.
Jonathan Lait, Director of Planning and Development Services advised that
retail and retail-like uses included eating and drinking services, hotels,
personal services, theaters, travel agents, commercial recreation, commercial
nurseries, auto dealerships and daycare centers.
Vice Mayor DuBois recalled that the Council had deliberately omitted testing
centers from the definition.
Mayor Fine agreed that temporarily suspending the Ordinance could result in
permanent changes, but the Ordinance was to be suspended temporarily only.
Unless the residential population significantly increased, the retail area had to
contract to be vibrant. Outside the retail core, the requirement for retail
needed to be loosened to allow other uses.
Council Member Tanaka noted the community could provide input when Staff
returned with the items. Spreading out retail was not good for retail.
AMENDMENT SPLIT FOR PURPOSES OF VOTING
AMENDMENT PART A PASSED: 4-3 DuBois, Filseth, Kou no
AMENDMENT PART B PASSED: 4-3 DuBois, Filseth, Kou no
AMENDMENT PART C PASSED: 7-0
Council Member Tanaka suggested the Council agendize a discussion of the
Sales Tax Informational Report or refer it to the Finance Committee.
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Mayor Fine indicated Staff was planning an item for review of the Budget on
October 18, 2020.
Council Member Tanaka proposed the Council form a Recovery Plan
Commission to include community experts in discussions of long-term issues.
Vice Mayor DuBois believed recovery would be the focus of the current and
the upcoming Council.
Mayor Fine noted the business support Ad Hoc Committee and Staff were hosting meetings with the business community twice a week. Staff capacity
was another issue.
Mr. Shikada reported Staff sought Council direction to focus Staff's work. Each
subpart to the Motion reduced Staff's focus.
Council Member Cormack clarified that the Sales Tax Informational Report was
not an apples-to-apples comparison because of extensions and deferrals. The
Council needed to think about a Council role and a commission role for
developing a recovery plan. Testing pertained to getting businesses, society,
and the City as an employer back on track. The holiday strategy pertained to
shopping and experiences. She inquired whether the Council omitted an
important item from the Motion.
Ms. Tanner related that Staff was concerned about the holiday strategy
because the holidays were approaching quickly.
Mr. Shikada did not believe the Council intended the list of six items to
represent a strategy. Staff was not a retail expert. Other voices needed to
help inform the development of a strategy.
Council Member Cormack advised that the holiday strategy could be as simple
as branding or amplifying the business community's efforts.
Vice Mayor DuBois was interested in beginning work on upgrading indoor air quality standards for City offices and public spaces. He absolutely opposed
reducing the minimum wage and hoped Staff would not list it again. Perhaps
the City and Stanford University were able to provide some community-based
events in the spring and a car-based celebration of Halloween.
Mayor Fine concurred with Vice Mayor DuBois' comments regarding the
minimum wage.
Council Member Kniss noted county governments were paying for rapid
COVID-19 testing. She did not believe the County of Santa Clara (County)
would provide additional testing services in Palo Alto.
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Council Member Tanaka suggested amending the Motion to provide utility bill
forgiveness for limited businesses.
Vice Mayor DuBois did not believe the City's gas rates for commercial
customers were 30 percent higher than PG&E's rates. The Gas Utility did not
generate a profit. Some analysis was appropriate.
Council Member Tanaka revised his proposal to direct Staff to explore utility
bill forgiveness.
Vice Mayor DuBois remarked that Council Member Tanaka had opposed
businesses paying their fair share when the economy was good. Now, Council
Member Tanaka wanted residents to pay commercial utility bills.
Council Member Kou inquired about City expenses for the Summer Streets
Program and outdoor dining.
Mr. Shikada indicated the largest cost was the waiver of permit fees. Expenses
for signage and banners had been low.
Council Member Kou requested that information when Staff returned with the
item.
MOTION AS AMENDED RESTATED: Vice Mayor DuBois moved, seconded by
Council Member Tanaka to direct Staff explore options and return to Council
with:
A. Rapid Covid-19 testing and what the City can do to ramp up testing;
B. Childcare and how the City can support childcare services;
C. A holiday strategy to support holiday shopping in our major shopping
areas;
A. Temporarily suspending the Retail Preservation Ordinance outside of the
commercial cores;
B. Temporarily altering or suspending required parking changes for a
change of use; and
C. Allowing diverse retail uses in all retail sites.
MOTION AS AMENDED PASSED: 5-2 Filseth, Kou no
Council took a break at 11:02 P.M. and returned at 11:09 P.M.
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11. Review and Selection of Select State and Local Measures on the
November 2020 Ballot for Possible Support or Oppose Positions.
Heather Dauler, Intergovernmental Affairs Officer reported the Staff Report
provided information regarding 12 State measures and three local measures.
After the Staff Report was published, the League of Women Voters of California
made their recommendations. In developing the recommendations, Staff
reviewed the Legislative Guidelines closely when developing the recommendations. Staff made no recommendation when a measure did not
affect the City or no Legislative Guideline addressed the measure specifically.
Ryan Globus agreed with Staff's recommendations for Proposition 15 and
Measure RR and asked the Council to support Propositions 18 and 21.
Kevin Ma encouraged the Council to support Propositions 21, 15, and 18.
Kelsey Banes urged the Council to support Propositions 15 and 21.
Council Members supported the Staff recommendation for Proposition 14.
Council Member Filseth believed the City should take positions on measures
that directly impacted Palo Alto.
Vice Mayor DuBois suggested the Council discuss the purpose of the Council
endorsing certain measures.
Council Member Kou requested the meaning of a vote to abstain.
Mayor Fine explained a vote to abstain as a Council did not have sufficient
information to make a decision and left the decision to the majority of Council
Members.
Molly Stump, City Attorney added that an abstention counted as a vote for the
majority.
Council Member Cormack inquired regarding the City's history of taking
positions.
Ms. Dauler noted in 2018 the Council took positions on some ballot measures.
Ms. Stump indicated the Council took positions on measures that affected the
City.
MOTION: Council Member Tanaka moved, seconded by Council Member XX
to vote No Position on Proposition 15.
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MOTION FAILED DUE TO THE LACK OF A SECOND
MOTION: Council Member DuBois moved, seconded by Council Member
Filseth to vote No Position on Proposition 16.
MOTION PASSED: 5-2 Fine, Kniss no
MOTION: Mayor Fine moved, seconded by Council Member Kniss to vote
Support on Proposition 17.
MOTION FAILED: 3-4 DuBois, Filseth, Kou, Tanaka no
Council Members supported the Staff recommendation for Proposition 18.
Mayor Fine prop 19 support
MOTION: Council Member Filseth moved, seconded by Council Member Kou
to vote No Position on Proposition 19.
SUBSTITUTE MOTION: Council Member Cormack moved, seconded by
Mayor Fine to vote Oppose on Proposition 19.
SUBSTITUTE MOTION FAILED: 2-5 DuBois, Filseth, Kou, Tanaka no, Kniss
abstain
MOTION RESTATED: Council Member Filseth moved, seconded by Council
Member Kou to vote No Position on Proposition 19.
MOTION PASSED: 7-0
MOTION: Mayor Fine moved, seconded by Council Member Kniss to vote
Oppose on Proposition 20.
MOTION FAILED: 2-5 Cormack, DuBois, Filseth, Kou, Tanaka no
MOTION: Vice Mayor DuBois moved, seconded by Council Member Kou to
vote Support on Proposition 21.
MOTION FAILED: 3-4 Cormack, Fine, Kniss, Tanaka no
Council Members accepted the Staff recommendation for Propositions 22, 23,
24, and 25.
Council Member Kou asked if the Santa Clara Valley Water District's local
measure would extend the existing Parcel Tax.
Ms. Dauler replied yes. The tax would remain in place until voters repealed
it.
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MOTION: Vice Mayor DuBois moved, seconded by Mayor Fine to vote Support
on Palo Alto Unified School District.
MOTION PASSED: 7-0
Council Member Questions, Comments and Announcements
Council Member Cormack advised that everyone was awaiting the new City
website.
Ed Shikada, City Manager reported Staff was working on it and would provide
an update regarding the date for the new website to go live.
Adjournment: The meeting was adjourned at 11:44 P.M.