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HomeMy WebLinkAbout2023-03-20 City Council Summary MinutesCITY COUNCIL SUMMARY MINUTES Page 1 of 20 Special Meeting March 20, 2023 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:01 P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: None Absent: None CALL TO ORDER Mayor Lydia Kou called the meeting to order. City Manager Ed Shikada stated the students for Item 1 were expected to arrive at 6:00 P.M. and suggested changing the agenda to enter Closed Session first. Agenda Change: City Council went to Closed Session before Special Orders of the Day SPECIAL ORDERS OF THE DAY 1. Santa Clara County 2022 Synopsys Championship Science Fair 2022 STEM Winners from Palo Alto Mayor Kou described that the annual Synopsys Championship showcases students in the Santa Clara County who will become future scientists, technology experts, engineers, and mathematicians. Vice Mayor Stone announced the winners by grade and school. Forrest Williams, Santa Clara Valley Science and Engineering Fair Association, stated there is a bright future in students and investing in them helps shape the future. He was proud to encourage students in STEM and thanked the mayor and council members. SUMMARY MINUTES Page 2 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 Council Member Tanaka stated he previously worked at Synopsis and judged the science fair for many years. He felt STEM was important for education and thanked all the students that participated. CLOSED SESSION 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Mid-Year Check-In Authority: Gov Code section 54957(b) Titles: City Manager, City Attorney 3. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Tori Anthony, Molly Stump, and Jennifer Fine); Employee Organization: Service Employees International Union (SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of Fire Fighters (IAFF) Local 1319, Palo Alto Fire Chiefs’ Association (FCA); Authority: Government Code Section 54957.6 (a) MOTION: Council Member Lauing moved, seconded by Mayor Kou, to go into Closed Session. Council Member Burt expressed concern that the topic was the CAO midyear review and wanted to make sure it did not drift into discussions about how the Council as a body could work more efficiently. That should not be primarily the topic of a Closed Session item. He pointed out that there is CAO Committee and this is something they would normally take up to discuss, but the CAO Committee was not consulted on this. MOTION PASSED: 7-0 Council went into Closed Session at 5:06 P.M. Council returned from Closed Session at 6:02 P.M. to address Item 1. Council reconvened Closed Session at 6:13 P.M. SUMMARY MINUTES Page 3 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 Council returned from Closed Session at 8:36 P.M. Mayor Kou announced there were no reportable actions. AGENDA CHANGES, ADDITIONS AND DELETIONS None. PUBLIC COMMENT 1. Ken Horowitz believed the Council needed to fast track the future of Cubberley and get it planned accordingly. He suggested reviewing the report from 2013. He stated it may be a financial burden on the City to redevelop Cubberley but it is time. 2. Stephen Branz, speaking about campaign finance reform, described being involved in the Waverly Street Block Party, where current and prospective council members have been invited to speak and answer questions. He supported lowering the individual donation limit to $500, ensuring candidates reach out to a broader base of smaller contributors rather than relying on a few wealthy donors to finance campaigns. The limit would reduce the cost of campaign spending that discourages many ordinary people from running for council and would increase public participation in local government. 3. Lisa Ratner, League of Women Voters of Palo Alto, believed Palo Alto’s campaign donation and spending limits were too high, sending the wrong message that one needs to be wealthy to run for city council. This creates the impression that big donors are listened to more than small donors and undermines faith in local government. The League urged the City to adopt campaign spending limits to encourage people to run for council and to discourage campaign spending arms races. The Council should expand the requirement for disclosure of who pays for independent advertising in council races to $2500. 4. Yudy Deng, who has submitted an application to Parks and Recreation Commission, introduced herself. She stated she was committed to enhancing the quality of life in the community through the provision of accessible and inclusive parks and recreation services. Parks and Recreation plays a vital role in SUMMARY MINUTES Page 4 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 mental and physical health, fostering social connections, and enhancing the natural beauty of our city. She looked forward to interviewing and hoped to make a contribution to the committee. 5. Aram James stated he planned to accompany Sgt. Shawn Allen from the Sherif’s Department to Sacramento when he gives testimony in front of the Public Safety Committee regarding AB 742, which would prohibit weaponized canines from biting human beings. He felt it would be a difficult battle. He stated he has not heard much in support of this bill from the City Council but felt the voters would appreciate that Council Member Lythcott-Haims was getting out there on these issues. 6. Maya Perkash, member of Palo Alto Student Climate Coalition, spoke about the health impacts of natural gas appliances. Gas- burning stoves are responsible for roughly 12.7% of childhood asthma cases nationwide, on par with exposure to secondhand smoke. She encouraged the City Council to mitigate the impacts of gas stoves through education and through increasing the grid capacity by prioritizing making infrastructure improvements and hiring workers to make these installations. She described PASCC’s upcoming March and Rally for Climate Justice on April 21 and looked forward to hearing from Mayor Kou at the rally. 7. Ellen described a court case from 2013 in which the Supreme Court ruled human DNA could not be patented but that changing the human genome with mRNA vaccines would allow the genome to be patented; it was also stated that anyone who had received such a vaccine was considered trans-human and would not have access to human rights. She spoke about the COVID vaccine and potential side effects. She urged people not to take any more boosters and to review the information she had submitted for public record. CONSENT CALENDAR 4. Approval of Minutes from March 6, 2023, Meeting 5. Authorize Transmittal of the 2022 Comprehensive Plan Annual Progress Report to the Office of Planning and Research and the 2022 Housing Element Annual Progress Report to the Department of Housing and Community Development SUMMARY MINUTES Page 5 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 6. Appointment of Vice Mayor Stone to the Board of Directors of the Bay Area Water Supply & Conservation Agency and the Bay Area Regional Water System Financing Authority, for the term July 1, 2023, through June 30, 2027 7. Amendment No. 1 to Contract with LAZ Parking (C20176367) for Residential Preferential Parking (RPP) Program Parking Enforcement to Extend Term Two Years Through February 2025 with No Additional Funds; CEQA status – categorically exempt (Regulation 15321, enforcement actions) 8. Approval of Office of the City Auditor's Utility Work Order Process and Control Review Report 9. SECOND READING: Ordinance Prohibiting Possession of Firearms in Sensitive Places. CEQA Status – Exempt Under CEQA Guidelines Section 15061(b)(3). (FIRST READING: March 6, 2023, PASSED 7-0) 10. SECOND READING: Adopt a Park Improvement Ordinance to Allow Construction in Greer Park to Replace a Private Sewer Connection from the 2850 W. Bayshore Housing Development; CEQA status – Class 32 infill exempt 11. SECOND READING: Adoption of an Ordinance Amending Chapter 16.52 (Flood Hazard Regulations) to Correct an Error in Ordinance 5566. Environmental Assessment: Not a Project. (FIRST READING: March 6, 2023, PASSED 7-0) PUBLIC COMMENT: 1. Aram James opposed the ordinance regarding the possession of firearms in sensitive places with exceptions for law enforcement. He believed it was important to have the right to bear arms in sensitive places and believed there was a possibility of constitutional issues with this ordinance. He suggested considering whether this was really making members of the community safer. 2. Jennifer Landesmann, speaking on Item 8, stated there was discussion at the Policy and Services Committee in February as to what could be added to the risk assessment report. She felt that should include as much outreach as possible with all council members. Another issue was how the Council puts items on the SUMMARY MINUTES Page 6 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 agenda. She asked that if there were new rules, it be made clear to citizens. 3. Shani Kleinhaus, on behalf of the Santa Clara Audubon Society, commented on Item 5 to provide feedback to a few of the programs mentioned in the report. Work has not commenced on programs looking to protect stream corridors. The report states lighting is reviewed as part of the CEQA process, but not all projects require CEQA assessment and the guidelines focus on the aesthetic and not the biological impacts of lighting. For bird-safe design, Staff has not initiated any code change. Staff provides some guidance to applicants based on best practices but has very little ability to require avoidance measures or bird safety treatments. She added there needs to be more done to keep creeks clean. MOTION: Council Member Burt moved, seconded by Council Member Lauing, to approve Agenda Item Numbers 4-11. Council Member Tanaka registered a no vote on Agenda Items 7 and 9. PASSED ITEM 4-6, 8, 10, 11: 7-0 PASSED ITEM 7, 9: 6-1, Tanaka no Council Member Tanaka stated his issue with Item 7 was that $764,000 was spent on enforcement when RPP parking enforcement was put on pause. The good thing was there are a few more years to do parking enforcement. He stated he originally supported Item 9 and was conscientious about not wanting mass shootings. After a lot of feedback from the community, he did not feel this was the right ordinance to prevent that. CITY MANAGER COMMENTS Ed Shikada, City Manager, gave a reminder about the upcoming State of the City Address. He gave an overview on the $24M litigation payment the City anticipates receiving through the Bureau of Reclamation related to electric utility charges. The Finance Committee will consider recommendations for use of these funds. He provided an update on the Homekey Palo Alto project. There are a number of Earth Month events through April. Members of the police department will be available at an event on Thursday, March SUMMARY MINUTES Page 7 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 23, for conversation with members of the community. He also listed upcoming City Council items. ACTION ITEMS 12. Review and Revision of the Council Procedures and Protocols Handbook – Focus on Protocols – Including Consideration of Policy and Services Committee Recommended Changes Deputy City Manager Chantal Cotton-Gaines reviewed that on January 30, the Council concluded the discussion with tentative agreements on all sections in the Procedures part of the handbook. The discussion this evening is on the Protocols. There are five sections, and she proposed having agreements, recommended changes, and a motion after each section. Mayor Kou agreed to going section by section. She asked if any corrections or edits were needed on Part 2, City Council Protocols. Council Member Burt was concerned about the inflexibility in the language in Sections 1.3 A and 1.7 E. He asked if this was intended to be guidance or rigid rules. In Section 1.8 B, he questioned if committee requests for staff work that does not come through the Council falls under this. He also asked whether clarity was needed regarding things not included in a motion that Staff intends to follow up on. Vice Mayor Stone discussed several items. In Section 1.2 A, he wanted to include language regarding ensuring members include factual dialogue during meetings and when interacting in the public domain. In Section 1.6 C, he suggested including a requirement that council members represent the City Council’s positions even absent explicit direction. In Section 1.7 F, he wanted to include language that a council member should avoid voting on issues opposite the City’s stated positions. He felt the language of Section 1.7 I was too vague regarding actions construed as trying to shape staff recommendations and wondered how that would be enforced. City Manager Ed Shikada interpreted this as statements of expectations to the Council from the Council. From a staff perspective, it would be expected that individual council members would not try to shape staff recommendations. If that situation occurs, the staff person would bring the SUMMARY MINUTES Page 8 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 concern to City Manager Shikada who would then address it with the council member. Mayor Kou noted the previous language of council members refraining from coercing staff in making recommendations was more direct. Council Member Veenker suggested placing Vice Mayor Stone’s language regarding factual comments in Section 1.4 A. She questioned Section 1.7 F about members sticking with the Council’s position. Council Member Burt stated there are circumstances in which it is possible to take a certain position or vote consistent with council guidelines. On regional bodies, there may be a lot of issues to vote on with even less guidance, but when the Council has taken a position on a specific issue, a regional representative should not take a position opposite that. Council Member Veenker added another circumstance is when there is a city representative on a regional body or representing Santa Clara County rather than the City. City Attorney Molly Stump stated that when thinking about these issues, it is important to consider how the body is set up and how the council member is appointed. The Attorney General has issued an opinion that for many of these bodies that are joint powers associations or created by the state legislature, once appointed, the council member has a responsibility to that organization and those they are appointed to represent. There was further discussion about this. City Attorney Stump suggested taking a more general approach on this, such as, “Within the bounds of the law, it is Council’s expectation that its members will exercise their authority on regional bodies consistent with the stated positions and intentions of this Council,” and then deal with any situations that may arise. ORIGINAL MOTION: Vice Mayor Stone moved, seconded by Council Member Burt, to adopt Section 1 with the following amendments: 1. Include in 1.4 A language regarding encouraging factual dialogue during meetings and within the public domain; council members should refrain from repeating false and misleading information 2. Include in 1.6 C language that, in the absence of explicit direction, when the council member is aware of a prior position the Council has taken the council member will adopt that position SUMMARY MINUTES Page 9 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 3. Include in 1.7 F language clarifying council member votes on regional bodies where they represent a regional group 4. Replace in 1.7 I, “Council members should avoid any staff interactions that may be construed as trying to shape staff recommendations to be presented to the Council as a whole,” with the previous language of “Council members shall refrain from coercing staff in making recommendations to the Council as a whole.” There was discussion on the wording of the motion. Council Member Tanaka questioned the ramifications of violations of Section 1.4 A, regarding members refraining from abuse of conduct, personal charges, or verbal attacks. City Manager Shikada stated there was previously a section under enforcement that Council directed Staff to remove and refer to Policy and Services at the last discussion of the handbook. City Attorney Stump stated the procedures and protocols are self enforcing. There is no external body who will take enforcement action; it is for this body to agree and self regulate. Various things can occur from conversations to reminders to a censure motion, which requires due process. Council Member Tanaka asked if 1.4 A is a freedom of speech issue. City Attorney Stump believed the first part of the sentence was an encouragement about how Council wants to conduct its own meetings and the second part was a reference to comments made outside of official city communications. It is essentially unenforceable. Council Member Tanaka wondered if this was necessary to include if it is not enforceable. Vice Mayor Stone stated he wanted to encourage factual debate and not putting misleading information out there so the public can trust that the Council is making decisions based on factual information. MOTION SPLIT FOR PURPOSE OF VOTING MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to adopt Section 1 with the following amendments: SUMMARY MINUTES Page 10 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 1. Include in 1.4 A language regarding encouraging factual dialogue during meetings and within the public domain; council members should refrain from repeating false and misleading information MOTION PASSED: 6-1, Tanaka no MOTION: Vice Mayor Stone moved, seconded by Council Member Burt, to adopt Section 1 with the following amendments: 2. Include in 1.6 C language that, in the absence of explicit direction, when the council member is aware of a prior position the Council has taken the council member will adopt that position 3. Include in 1.7 F language clarifying council member votes on regional bodies where they represent a regional group 4. Replace in 1.7 I, “Council members should avoid any staff interactions that may be construed as trying to shape staff recommendations to be presented to the Council as a whole,” with the previous language of “Council members shall refrain from coercing staff in making recommendations to the Council as a whole.” MOTION PASSED: 7-0 Deputy City Manager Cotton-Gaines stated the one significant recommendation from the Policy and Services Committee was to refer back to that committee Section 2.8, the role of council liaison to board and commission members. The committee thought further engagement with the board and commission chairpersons would be fruitful for further defining this, so whatever motion is made would include a referral back to P&S for 2.8. Council Member Lauing stated Section 2.4 did not make a distinction if there is a council liaison to the commission. He suggested if there was a council liaison and there was a problem, perhaps the council member would go to the liaison with the concern. Council Member Burt suggested, on Section 2.4, going through the chair of the board or commission. On Section 2.8, he felt liaison should not be conveying on behalf of the Council what they think is the Council’s likely position. He stated if Council has taken a position, the liaison could help that board or commission understand the position. SUMMARY MINUTES Page 11 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 Vice Mayor Stone felt returning that back to P&S made the most sense. On Section 2.2, the language only applies to council members refraining from lobbying board and commission members, and he wondered if it should include board and commission members not lobbying council members after a vote has been taken at a commission. ORIGINAL MOTION: Council Member Lauing moved, seconded by Mayor Kou, for Adoption of Section 2 with the following amendments: 1. Modify 2.4 A to read, “A council member may involve the chair of a commission or the council liaison to the commission if there is one.” 2. Refer to Policy and Services Committee further work on: a. Section 2.8 (role of the council liaison): Policy and Services Committee to involve board/commission members b. Section 2.8 (role of the council liaison): Policy and Services Committee to review the statement “in understanding likely Council perspectives” and consider replacement with “in understanding Council’s positions on perspectives” c. Section 2.2 (refrain from lobbying board/commission members): Disallow commissioners from lobbying council members after a vote has taken place There was discussion and clarification on the wording of the motion. Council Member Tanaka felt disallowing commissioners from lobbying council members did not make sense. Lobbying is commissioners giving their opinion. He stated getting a wide variety of opinions is part of the process as decision-makers. Sometimes hearing a dissenting opinion is the most valuable part of the process. Council Member Burt was in favor of this because it only says lobbying and does not prevent speaking with board or commission members to get clarification. MOTION SPLIT FOR PURPOSE OF VOTING MOTION: Council Member Lauing moved, seconded by Mayor Kou, for Adoption of Section 2 with the following amendments: 2. Refer to Policy and Services Committee further work on: SUMMARY MINUTES Page 12 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 c. Section 2.2 (refrain from lobbying board/commission members): Disallow commissioners from lobbying council members after a vote has taken place MOTION PASSED: 5-2, Tanaka, Lythcott-Haims no MOTION: Council Member Lauing moved, seconded by Mayor Kou, for Adoption of Section 2 with the following amendments: 1. Modify 2.4 A to read, “A council member may involve the chair of a commission or the council liaison to the commission if there is one.” 2. Refer to Policy and Services Committee further work on: a. Section 2.8 (role of the council liaison): Policy and Services Committee to involve board/commission members b. Section 2.8 (role of the council liaison): Policy and Services Committee to review the statement “in understanding likely Council perspectives” and consider replacement with “in understanding Council’s positions on perspectives” c. Section 2.2 (refrain from lobbying board/commission members): Disallow commissioners from lobbying council members after a vote has taken place MOTION PASSED: 7-0 Vice Mayor Stone referred to Section 3.2 and stated he appreciated when Staff provided alternatives to recommendations as well as pros and cons for recommendations and alternatives. He preferred it would happen more often and wondered if this section should include language to make sure it happens with all action items. City Manager Ed Shikada believed this could become challenging for Staff on how much time to spend on it but was happy to reinforce that. Council Member Burt suggested that Section 3.1, “There will be followthrough with the council member if the council member has made a request,” be changed to say Staff “shall” follow through, as less of an absolute. SUMMARY MINUTES Page 13 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 MOTION: Council Member Burt moved, seconded by Vice Mayor Stone, to adopt Section 3 with the following amendments: 1. Amend Section 3.1, changing the language from “There will be” to “There shall be” MOTION PASSED: 7-0 Deputy City Manager Cotton-Gaines stated the recommendation for Section 4 was to replace the travel language with the citywide travel policy. Within that, there are some pieces of the Council policy to retain that are not in the citywide policy. Section 4.8 references the additional compensation the mayor and vice mayor get, which has nothing to do with the travel policy but needs to be retained as it does not appear anywhere else. Section 4.10 is related to expenditures and is mostly new language. Council Member Burt recalled, regarding the Contingency Fund, that the mayor would bring up a proposed expenditure at council comments, which would go forward if there was no objection. The next item is a small expenditure that also needs to go through a Colleague’s Memo, which will then need to go on agenda. This is at odds with streamlining the Council process. He suggested requiring a Colleague’s Memo for expenditures above a certain amount, with a threshold amount the mayor and vice mayor are authorized to approve provided they jointly support it and announce it to Council. Council Member Tanaka agreed that the process should be more streamlined. He suggested splitting the contingency funds between council members to give some more flexibility to use it as each member sees fit. Mayor Kou asked if there was a list of events the City purchases tickets to, regarding Section 4.10 X.2. City Manager Shikada stated the criteria listed reflect the fact there are very few events. He mentioned Joint Venture Silicon Valley's State of the Valley. He believed membership in the Chamber included Tall Trees and ATHENA, so those were not treated as standalone events. Mayor Kou asked what the usual budget for the Annual Holiday Event was. City Clerk Milton stated in the past the costs were shared between the mayor and the City, budgeted at $500, exclusively for the Council and City SUMMARY MINUTES Page 14 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 leadership. The last several years during COVID, there was also invitation of some community leaders. Mayor Kou proposed including language with a threshold that the mayor and vice mayor could make a proposal to use the fund versus the amount for a Colleague's Memo to go on the Consent Calendar. She asked for suggestions. Council Member Burt suggested $10,000 requiring agreement of both the mayor and vice mayor along with notification to the Council and an opportunity to agendize it if requested by a certain number of council members. He also felt the funds should be used by the Council as a whole versus dividing between individual members. Council Member Lythcott-Haims asked what the annual budget in the Contingency Fund was. City Manager Shikada believed it was about $150,000 annually. Council Member Lythcott-Haims was in favor of each council member being allotted a portion of the contingency fund to expend. There was discussion about the wording of the motion to be proposed. Council Member Tanaka proposed a substitute motion to modify Section 4.10 X.1 to allocate the Contingency Fund equally among council members, with the Mayor signing off on spending. He stated this was fairly common practice and a much simpler approach that gives more flexibility. City Attorney Stump wanted to do more work on this issue because some types of expenditures could be construed as compensation and require a different process for adoption. Council Member Lythcott-Haims liked the trust inherent and the idea of the flexibility to behave in the role in the ways that feel right to each person, supported by financial resources. Council Member Veenker suggested incremental amounts distributed between the council members, vice mayor, and mayor. Council Member Burt felt this was a slippery slope. He believed many council members would use these funds for civic benefit purposed but that there would be temptation to use City funds inappropriately. He would consider support only if the amount was nominal. SUMMARY MINUTES Page 15 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 City Attorney Stump stated the conversation was veering into council compensation and gave examples of ways the Contingency Fund would be used. Mayor Kou was uncomfortable with the large amount of money suggested. Council Member Lauing agreed and stated the money is often needed for unexpected things. He felt the Council granting money as a whole demonstrated all members collectively working on a particular need. Council Member Tanaka clarified that he was not advocating use for personal compensation. It would be used for the same things it is used for now, but each member would have more of a choice. He proposed an amount of $2000 per member. Council Member Burt stated he would support a referral to Policy and Services to put parameters on this. This intended substitute motion was included into the original motion as an amendment. Deputy City Manager Cotton-Gaines described the proposed amendments to the travel section. There were no comments regarding Sections 4.4, 4.6, 4.7, and 4.9. There was discussion about expenses related to travel to Sister Cities. Vice Mayor Stone was uncomfortable with the idea that a council member who has the means can travel on their own expense to a Sister City but those who do not are unable. He also did not believe it should be a blank check and felt there should be some balance. He wanted more discussion on that. Council Member Burt suggested referring the items on international travel to P&S. Mayor Kou asked if there is a current limit on how many times a council member can travel in a year with reimbursements. City Manager Shikada stated it was important to note that it a budgetary question. With the economic impacts of the pandemic, the travel budget was zeroed out. Since that time, Council Contingency Funds have been used with incremental amounts identified for Council travel. It has been a funding limit, not a frequency-of-travel limit. SUMMARY MINUTES Page 16 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 Council Member Burt questioned if it was intended that these funds would come out of the General Fund budget like other city employee travel. Assistant City Manager Kiely Nose stated each department has discretion in travel funds associated with their department in their budget, and Council would have the same discretion. City Manager Shikada clarified there was a line item for Council Travel. Council Member Burt felt it would be appropriate to ask the City Manager to once again include a budget for travel. There was further discussion and suggestions about travel limitations. MOTION: Mayor Kou moved, seconded by Council Member Burt, to adopt Section 4 with the following amendments: 1. Retain Section 4.8 (Mayor and Vice Mayor additional compensation) 2. Amend Section 4.10 (miscellaneous expenses) to include: a. X.1 Expenditure of City Council Contingency Funds: o Expenditures from the City Council Contingency budget under $10,000 require agreement of Mayor and Vice Mayor along with notification of the Council at a public meeting during Council Member Comments and Announcements. If two council members request the allocation and do not receive Council approval, it would be agendized at a subsequent meeting. If over $10,000, must be directed by council motion, either via a colleague’s memo on the Consent Calendar or as part of an agendized item. o Referral to Policy and Services establishment of appropriate parameters for Council Discretionary Expenditures and consideration of modifying Section 4.10 X.1 to allocate $2,000 annually from the Contingency Fund for each council member to decide its purpose b. X.2 City Purchase of Tickets or Sponsorship of Non-Profit Organization Events o The City Manager may purchase tickets or sponsor events by non-profit organizations, subject to budget availability, under any of the following circumstances: SUMMARY MINUTES Page 17 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 i. Where the event serves a City educational purpose, ii. Recognition for work done by Staff (not including elected or appointed officials) iii. Expending budget allocations specifically intended for event attendance. c. X.3 Expenditure for Annual Holiday Event o Expenditures of up to $1,500 from the Council Special Event budget may be directed to be expended for an annual holiday celebration, subject to budget availability, for attendance by council members, executive leadership staff, and community leaders. Event details will be coordinated by the Mayor and facilitated by Staff. 3. Revised travel section that includes the language below: o Councilmember travel expenses and reimbursements will adhere to Citywide Travel Arrangements and Expense Reimbursement Policy (Administrative Policy 1-02/ASD) a. Retain the following Sections:  Section 4.4 (activities not considered reimbursable),  Section 4.6 (reports to Council),  Section 4.7 (violation of this policy),  Section 4.9 (support services) b. Addition of the following language: i. The limit on how many times a council member can travel in a year with reimbursement will be 6 times, subject to budget availability ii. Refer to Policy and Services for consideration of: • International travel will/will not be approved for reimbursement. SUMMARY MINUTES Page 18 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 • For international travel, any Mayoral or City Council international travel expenses related to Sister Cities will have _______ covered by the City. iii. Council member travel will be approved by Mayor ______. MOTION PASSED: 7-0 Public Comments: Jennifer Landesmann wished the Council protocols had more guidance for responsibility when the City lacks consensus positions on affairs with agencies like the FAA. She was concerned that for airplane noise the Council and Staff protocols work backwards, with Staff deciding on positions and missing involvement of the public and due process. She felt airplane noise that affects thousands of people was being neglected and asked this issue be given the attention it needs. Deputy City Manager Cotton-Gaines stated Section 5 has to comply with state law and the bulk of the language was removed, to refer to state law. Mayor Kou asked for a reference to state law to guide council members. City Attorney Stump stated references to general narratives and to the laws themselves could be included. MOTION: Council Member Veenker moved, seconded by Council Member Lauing, to adopt Section 5 as presented. MOTION PASSED: 7-0 13. Colleague’s Memo Council Contingency Fund request for Try Harder! A Palo Alto Community Screening Event Mayor Kou described that this is a request of funding from the Council Contingency Fund for an event called Try Harder! in support of May as Teen Mental Health Month. Council Member Burt disclosed that his wife is a volunteer board member for Youth Community Services, who helped put this on. City Attorney Stump stated that is considered a noninterest and does not impede the offering or making of a grant or require recusal. SUMMARY MINUTES Page 19 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 Council Member Burt added that Community Health and Public Safety has been a Council priority for two years, specifically focusing on youth mental health. The Council has not found many ways to support that priority, and this is a small way to do so. He hoped there would be other meaningful ones going forward. Mayor Kou explained that it is a movie filmed by a local filmmaker about the experience of Asian teens in San Francisco regarding mental stress with academics and includes college students speaking about their experience in college. This is in partnership with the PTA Council, allcove, and YCS. They are also including the conversation with the parents so it is not just to the youth. She hoped Council would support a $3000 film screening fee for the license. MOTION: Council Member Veenker moved, seconded by Council Member Lythcott-Haims, to provide to YCS $3,000 for the film license and screening fee from the Council Contingency Fund. Council Member Veenker thought this was a worthy causing dealing with mental health and the Asian-American experience. Council Member Lythcott-Haims felt this was a way to create greater awareness and help the youth feel that the City recognizes the stress they are under and wants to do something about it. Mayor Kou stated the screening is taking place May 6, time to be determined. She added the Contingency Fund is left with a balance of $101,000 for Fiscal Year '23. MOTION PASSED: 7-0 COUNCIL MEMBER QUESTIONS, COMMENTS AND ANNOUNCEMENTS Council Member Veenker described the vote by the Bay Area Air District on Wednesday approving amendments to two regulations that govern gas- powered water heaters and furnaces. The regulations approved were that no nitrogen oxide-emitting gas appliances can be purchased installed, or manufactured after January 1, 2027, for water heaters and 2029 for furnaces. Reports will be given two years in advance of each date to ensure that the grid and technology are ready, there are funds in place, and there could be equitable access to transitioning these appliances. It dovetails nicely with Palo Alto's heat-pump water heater program. SUMMARY MINUTES Page 20 of 20 Sp. City Council Meeting Summary Minutes: 03/20/2023 Council Member Lythcott-Haims acknowledged that the City received a letter from Palo Alto Unified School District indicating they are ready to receive a proposal about the use of a few more acres at Cubberley. She felt this was a cooperative space and looked forward to that. Council Member Burt reported that he attended the CivicWell Conference, a statewide nonprofit addressing a lot of policy issues. Over half of all the issues were environmental and climate issues, and it was an excellent sharing of best practices. ADJOURNMENT: The meeting was adjourned at 11:45 P.M. ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.