CITY COUNCIL
SUMMARY MINUTES
Regular Meeting
October 16, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely:
Absent:
Call to Order
Mayor Lydia Kou called the meeting to order. Roll was taken.
Mayor Kou spo ke about the attacks in Israel and the violence and discrimination that has resulted. She asked for a moment of silence.
Special Orders of the Day
1. The Great California Shakeout
Kenneth Dueker, Director of the Office of Emergency Services , described the Drop, Cover and Hold method to be employed during an earthquake while his colleague performed a simulation of this method. He then outlined things to be a ware of in the aftermath and provided a link for more information.
2. 26th Annual United Nations Association Film Festival (UNAFF) Proclamation Council Member Pat Burt spoke about the 26th anniversary of UNAFF and described the history, purpose and functions of the program. He proclaimed October 19, 2023, to October 29, 2023, as United Nations Association Film Festival Day s and encouraged the citizens of the Community to attend the UNAFF screenings and panels during the 11-day festival.
Jasmina Boji, UNAFF Festival Director, talked about the origin and creation of the UNAFF.
Agenda Changes, Additions and Deletions
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None. City Manager Ed Shikada noted that a late supplemental report was issued on Item Number 12 responding to questions related to that calendar item.
Public Comment:
1. Sarah B., Palo Alto resident, shared a portion of a letter signed by over 260 families in Palo Alto that sp oke to their strength and resilience and emphasized their commitment to fostering understanding, compassion and unity even in the face of adversity.
2. Jack P., former RV resident of the C ommercial District on the edge of Palo Alto, spoke about a parking war between the people who work in the buildings and the people who park there. Anonymous calls have been made to the polic e department complaining about vehicles that park in the area.
3. Aram J. (Zoom) asked City Council to conde mn the occupation and colonization of the Palestinian people by Israel.
Council Member Questions, Comments and Announcements
Council Member Julie Lythcott-Haims expressed compassion for all that were attacked by the reprehensible things they just heard. She maintained this type of hate has no place in their City and they should all stand together against it.
Council Member Burt supported Council Member Lythcott-Haims comments and denounced the hatefulness and ignorance of the speakers. He provided an update on the emergency repair of the rail bridge at the San Fran cisquito Creek stating it would not go forward before the rainy season due to pending approvals. Caltrain has an emergency plan in place if needed. He noted that Caltrain’s electrification plan is on schedule and is scheduled to be in full operation by ne xt September. The new service schedule has been increasing ridership. He gave a VTA update to include that the projected cost of the BART to San Jose Tunnel has risen significantly and is projected at $12.2B. It appears that VTA will be able to cover the cost difference through a combination of the federal funds and an increased projecti on from Measures A and B sales taxes. He noted they should be hearing from V TA that incre ase in Measure B sales tax dollars means they will see an increase in dollars toward grade separations, b ike funding and other measures that area the majority of the M easure B expenditures. He sp oke about attending the Code:ART event the pr evious Friday and the an nual Friends of the Children ’s Theatre fundraising event.
Council Member Veenker associated herself with the comments of her colleagues denouncing the messages of h ate, antisemitism and white supremacy heard in the chambers and joined in the apology to Staff and the public. She spoke about cohosting with the Vice Mayor the
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Midtown and Palo Ve rde Neighborhood Town H all. She described ways to comfort and protect the Community during this di fficult time. She described some positive recent Community events.
Mayor Kou shared that on October 6 the League of California Cities Division event showcased a paneled discussion with Assembly Member Gail Pellerin from Ass embly District 24 , County Supervisor Joe Simitian from District 5 and the Nor Cal Deputy Director from the Governor ’s Office about a health bond on the primary elections for Ma rch 2024’s b allot. The gat hering helped shed light on the complex and profoundly personal field of mental and behavioral health.
Study Session
3. Bi-Annual Discussion with the Independent Police Auditor
NO ACTION
Michael Gennaco, Independent Police Auditor, provided and discussed a slide presentation of a high-level overview of the most rec ent report relati ng to the responsibilities and review of the Palo Alto Police Department.
Stephen Connolly, Independent Police Auditor , provided and discussed a slide presentation regarding the Pointed Firearm Incidents review process.
Mr. Gennaco emphasized appreciation of the lev el of cooperation they have had with the leadership of the Department in pro viding materials and interaction with the Association. He also emphasized except for San Jose and the County of S anta Clara, Palo Alto was the only independent city that has had an Independent Police Auditor. He added that the Department is always looking for ways to improve but at an advanced level in comparison to a few years ago.
Ed Shikada, City Manager, acknowledged the standard of care that has been provided by the City and the Police Department.
Mayor Kou announced that this report was an inf ormational report from September 18, 2023, and was available to be viewed in its entirety.
Andrew Binder, Police Chief, expressed appreciation of the Independent Police Auditor.
Vice Mayor Greer Stone referenced the incident regarding the vehic le pursuit and asked if the officer’s actions are still found to be justified and within the Department policy after receiving the additional detail from the supervisor.
Mr. Gennaco answered the supervisor report was viewed and he did identify issues worthy of remediation and remediated them. The reason they were able to discover those details is in
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addition to getting reports, they get the body -worn camera foo tage and in -car video footage and compare it to the report. Through that video footage some details were seen that were not in the final report.
Vice Mayor Stone asked what reason was given for the omission of those details.
Mr. Gennaco thought the supervisor did not spend enough time digging into the video footage.
Vice Mayor Stone felt that only one case i nvolving the need for a supervisor’s reports of use of force compared to over 20,000 service calls with 700 arrests was an incredibly low number. He asked if there is data to contextualize that in order to compare to other nearby cities.
Chief Binder recognized that there are a number of factors that can affect when force is or is not used. They have invested hea vily in de-escalation and communication over the last couple of years along w ith the po lice reform measure s they put in place in conjunction with previous Councils. He added only two other agencies within Santa Clara County will report their use of force but not to the level , amount of de tail or race that they do . He offered a comp arison stating in 2022, Mountainview had 9 uses of force, the Sheriff’s office had 798 and they had 5.
Council Member Lythcott-Haims referenced the use of force report noting that there were no details provided as to why the officer suspected the female sitting in a vehicle in a nearby parking lot was suspected of being involved other than that she was black.
Mr. Gennaco answered that her location was very close to where the incident occurred and the female and her car seemed to match the description of the perpetrator.
Council Member Veenker asked if it would make sense to look at an annual report plus a special report.
Mr. Gennaco felt they could do systemic audits that do not involve use of force or complaints from the public. There was a discussio n earlier that day with the City Manager’s office and the Police Department coming up with potential audits . He described proposed ideas and invited suggestions.
Chief Binder thought that was a policy decision on the part of the Council and they would be happy to work with them on any special projects they designate.
Public Comment:
1. Aram J. (Zoom) had s ome disagreement s about the pull -gun incidents and Mr.
Gennaco’s statements. He believed the public should be allowed to see the tapes.
2. Wint er D. (Zoom) – Final Speaker – requested that the twice a year meetings continue.
She believed progress has been made but there continue to be incidents and they need to stay the course.
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Mayor Kou questioned if the supervisor that had written all the reports might need more time or extra help in order to provide more thoroughness.
Chief Binder thought it just came down to doing a better job next time.
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 5.
MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to approve Agenda Item Numbers 4-12.
MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION PASSED ITEMS 4, 6-12: 7-0
MOTION PASSED ITEM 5: 6-1, Tanaka no
4. Approval of Minutes from September 18, 2023 and October 2, 2023 Meetings
5. Approve Additional Funding for the Human Services Resource Allocation Process for Ada’s Cafe and Approve a Budget Amendment in the General Fund. CEQA Status – Not A Project.
6. Approval of Contract Number C24187903 Contract C2418 7903 With Daleo, Inc. in the Amount of $7,826,860 for the Gas Main Replacement Project 24B (GS- 14003) on University Avenue and surrou nding stre ets in the University Park and Crescent Park neighborhoods, at a business district complex adjacent to Geng Road, and at Town & Country Village Plaza at Embarcadero Road and El Camino Real including water main and service replacements at this location; Aut horization for the City Manager to Negotiate and Execute Related Change Orders Not -to-Exceed of $782,686, for a Total Not-to-Exceed Amount of $8,609,546; and Approval of Budg et Amendments in the Gas and Water Funds. CEQA status – Exempt per CEQA Guidelines 15302(c) (Replacement or Reconstruction of Existing Facilities).
7. Adoption of a Resolution to Vacate a Public Utility Easement at 160, 162, and 164 Waverley Street. CEQA Status – Exempt under CEQA Guidelines Section 15305.
8. Update on the Memorandum of Understanding and Funding Agreement with Peninsula Corridor Joint Powers Board (JPB/Caltrain) and the City of Menlo Park Regarding Emergency Repairs to the North Bank of San Francisquito Creek and Approval of a Fiscal Year 2024 Budget Amendment in the Capital Improvement Fund; CEQA exempt per Reg. 15269.
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9. Approval of Construction Contract with Golden Bay Construction, Inc. in the Amount of $1,247,069 and Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not-to-Exceed Amount of $311,767 for the Capacity Upgrades along East Meadow Drive (SD -22000) and Connection to Adobe Creek Pump Station fr om East Meadow Circle (SD-26000), Storm Drainage System Replacement and Rehabilitation (SD- 06101), and Sidewalk Repairs (PO-89003); CEQA status – exempt under CEQA Guidelines Section 15301(c).
10. Approval of Financing Plan for a Local Salt Removal Facility at the Regional Water Quality Control Plant and Direct Staff to Secure Financing and Solicit Bids for a Construction Contract and Construction Ma nagement Services Contract as Recommended by Finance Committee. CEQA status - Project analyzed in 2019 Addendum to the 2015 Environmental Impact Report for the Palo Alto Recy cled Water Project (SCH 2011062037), approved November 18, 2019.
11. Authorization of the City Manager or their designee to execute a change order to Contract C20177344 with Bear Electrical Services for On -Call Traffic Signal and Electrical Services to Extend the Term through March 1, 2024 with No Change to the Not To Exceed Amount of $375,000; CEQA status – categorically exempt.
12. 340 Portage Avenue and 3201- 3225 Ash Street [23PLN -00226]: Denial of Res ident’s Request for Historic Designation of the Cannery Building located at 200 -404 Portage Avenue as well as the Office Building at 3201 -3225 Ash Street as Category I or II Resources on the City’s Local Historic Inventory. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act (CEQA) In Accordance with CEQA Guidelines Section 15061(b)(3).
Public Comment:
1. David C. – Item 5 – thanked the Council for recognizing the value Ada' s Café brings to the Community.
2. Todd C. – Item 5 – thanked City Council for supporting Ada' s with funding. He is employed by Ada’s and believes it is a great value to the City.
3. Tony H. – Item 5 – stated his family f ounded Ada's Café a number of years ago and expressed gratitude for the generosity of the City.
4. Caroline W. – Item 12 – pointed out that the Cannery is a standa lone building and she felt it was important to add the original cannery building to the inventory to let those designing contingent spaces know the building is valued.
5. Herb B. – Item 7, 10, 12 – spoke about Item 7. He did not see the name of the person, the property and a commitment to pay for the easement in the Staff report. He felt the report should be completed. He felt it was inapp ropriate to approve Item 10 without a
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supplemental to the addendum to the EIR since the study occurred after the addendum.
On Item 12, he thought the appropriate thing to do was to look at the whole history.
6. Terry H. speaking on behalf (5) of Patricia H., Jeff L., Suzzanne K. and Ann B. – Item 12 – felt the cannery should be preserved in its entirety. He felt it was critical for the Council to review and consider the statements and recommendation of their own Hist oric Resource Board, which was hel d on September 14. He did not be lieve changing street signs, renaming parks or adding plaques or monuments was enough.
Council Member Tanaka stated that while he likes the wo rk Ada's Café does, he do es not support siphoning money off the Budget S tabilization Reserve at a time when their expenses exceed their revenue.
City Manager Comments
Ed Shikada, City Manager presented slides about the Neighborhood Town Hall Meeting s, Homekey Palo Alto groundbreaking on October 31, R ainy Season Preparation meetings on October 26 and November 15, Annual Ve terans Day Recognition on November 11 at 11 a.m. at the VA Medical Center and Notable Tentative Upcoming Council Items.
Action Items
13. Direction to Staff to Develop a Proposal to Lease the Cubberley site from the Palo Alto Unified School District for 55 years or Provide Alternative Direction to Transfer Ownership or Control to the City; CEQA status – not a project.
Ed Shikada , City Mana ger, noted that this is the first potential action step in response to the invitation that the City received from the Palo Alto Unified School District Board. He c larified that the established City Council ad hoc committee did not meet prior to the development of this recommendation. The objective of this recommendation is to provide a viable path forward that can be implemented relatively quickly recognizing the long history associated with the Cubberley site.
Kristen O’Kane, Community Services Director, provided a slide presentation outlining the Staff recommendations, invitation for proposal and land transfer options.
Mr. Shikada discussed further slides expanding on the concept of the interconnected system.
Ms. O’Kane continued discussing the staff re commendations to include the ground lease, the current lease, the Cubberley Infrastructure Fund, expenses and a Staff recommended motion.
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Council Member Burt wanted to understand how a 55 -year lease would enable them to build even though the Staff report states they would need to be prepared to return approximately 20 acres to the District if and when it would be needed for a school site.
Ms. O’Kane believed with a creative designer they could build on the areas they have contro l over for a longer term.
Council Member Burt asked why they would prefer a lease versus purchasing an amount they would have total control over and why the utility upgrade would be a big issue.
Mr. Shikada answered they were not assuming the District would say the shape of the remaining parcel would work for them as a school. That unknown coul d presumably delay the ability to reach an agreement on the purchase of the remaining building are a in addition to the issue of not having a funding source for that purchase . Even in that scenario, they would continue to lease or depend on the parking lot because the buildings have very limited parking areas.
Council Member Burt felt as long as they were leasing the balance from the District, they would have access to that parking and if the District wanted to build a school in the future, they were receptive to doing that with the City and a parking struct ure could be built the n. He asked Board Member Todd Collin s to clarify if the re is an established Board position on the issue of the possibility of having to give a portion of the property back.
Todd Collins, Board Memb er, stated he was speaking for himse lf and did not re present the School Board or District. He quoted a news report from a Board meeting in 2021 that discussed the Board’s position on the possibility of giving part or all of the remaining 7 acres to the City of Palo Alto. He stated that was t he last time the Board talked about it. He knew it was a critical goal to ensure the District has 20 predetermined acres to build on in Cubberley . He referenced a previous school site pur chase that was funded by a note from the School District. He personally believed that was an alternative in this case.
Council Member Lythcott -Haims referenced a letter from the Board in 2023 signed by the former president, Mr. Dharap asking if the phrase he used opening the door to more acreage was not something the Board discussed. She asked Mr. Collins’ opinion if the City’s decision to go with the purchase versus a ground lease would make a material differenc e to the preservation of 20 acres for a future school.
Mr. Collins did not recollect that being discussed. He said the letter was not reviewed by the full Board but was authorized by the Board. His concern with a ground lease was it would be hard to ask for it back if something had been built on it.
Council Member Lauing wanted clarity as to why they were proposing to acquire land and lease it back to them if they still ne ed it now. He wanted to know why the length of 55 years was chosen. He asked if they were thinking that at some point they would have to give it back but somehow in the deal they would pay an amortized depreciated price for the improvements. He
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asked how the C ubberley ad hoc committee would be inv olved in the negotiations and who would lead the process on the City’s behalf.
Mr. Shikada st ated their understanding on the current uses on the property a re short-term in terms of relocating programs that have or could be housed elsewhere. With that assumption, a lease back would provide the greatest flexibility to the District while giving the City that responsibility for the overall infrastructure that go es to those site s as well as both repair and upgrade. The length of 55 years was on the high end of what they have seen used in other circumstances. They talked about the approach that would give them near- term sequenc ing and improvement plan development. Everything the City does i s done in publ ic so no improvement plan would be adopted without the opportunity and obligation to consult PAUSD.
He stated the Council would define how the ad hoc committee would be involved. They would expect that it would help finalize a proposal to be submitted to PAUSD. He suspected he and Director O’Kane would lead the process on the City’s behalf.
Public Comment:
1. Nina B. spoke about a preliminary “ Don’t Swap Terman Park ” p etition with 242 signatures. She said the residents wanted assurances from the City that they would take any idea of trading Terman Park off the table permanently.
2. Ken H. , resident, offere d an alternative direction which was to fence off the existing eight acres and build their own community center rather than leasing land.
3. Alison C. suggested overlapping bonds for building construction. She advocated the ground lease option but with a longer term, if possible.
4. Nancy S. was in agreement with making improvements at Cubberley but not at the expense of Terman Park. She felt keeping Terman Park dedicated would ensure that it remains a park.
5. Katie M. , Directo r of Co mmunity Development at Bowman School, on behalf of the entire Bowman School community , she implored the Council to protect Terman Pa rk by removing it from consideration in any potential land swap.
6. Alicia B., teacher at Bowman School, resident of Terman Apartments and coach of youth sports, agreed the Cubberley Community Center is important but not at the expense of Terman Park.
7. Herb B. believed the ad hoc and Board meetings should be public and felt i t was important to have a forthright and honest discussion looking at all the options.
8. Jeremy E. said this proposal seems like an attempt to return to the previous status quo of the City controlling the whole property but with a ground lease. He d id not feel the School District should agree with a 55-year lease.
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9. Gail R., Green Meadow resident, shared statistics about the book sale at Friends of the Palo Alto Lib rary. She bel ieved there was opportunity to recognize the high- value work going on at Cubberley now.
10. Nancy C. , member of the Friends of the Palo Alto L ibrary Board, strongly u rged the Council to pursue a plan to gain use of most of the Cubberley acres for a vi brant and useful community center. She also urged C ouncil to pursue the current thinking of the School District as to their need for a future school.
11. Greg S. , former Council and School Board member, asked what Council could do in dealing with the schools rather than work to change the nature of the Community. He stated their job was to articulate a long -term connection between the housing element and future needs of the schools.
12. Melinda P. spoke for Friends of the Palo Alto Library who believed a consolidated facility would be more effi cient for them. She strongly urged Council to rebuild Cubberley quickly.
13. Jennifer D. (Zoom) , President of Palo Alto School Board, clarified that the Board met in closed session in February 2023 to discuss this issue. They settled on the contents of the letter they have and directed Mr. Dharap to write the letter, which comports with what they discussed in closed session. It specified their preference to retain 20 acres for future school development but they were not for automatically for closing a deal that might include a transfer of more than 7 ac res and asked them to propose things that seemed to work for them.
Council Member Veenker did not support the land swap for Terman Park. She wondered if adding seven acres to the existing eight acres would be sufficient.
Ms. O’Kane discussed research that had been conducted regarding how much land was needed.
She thought any amount of land would be beneficial for the Community.
Council Member Lythcott- Haims felt that the needed infrastructure upgrades would be more feasibly and cheaply accomplished through a ground lease than with a purchase.
Council Member Lauing stated the lease option was much better because of speed. He thought they should lease the 7 acres, consider purchase as they go along, find out what the timeline is for the 20 acre need and if that turns out to be less than 20 then add that to the negoti ations for lease back. He did not think they should do a 55 -year ground lease with lease back because they did not know yet when it would be needed and would like to go 100 years on the ground lease.
Vice Mayor Stone supported the ground lease. He agreed with the concerns voiced by Council Member Lauing. He was not interested in a land swap or losing control of Terman Park.
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Council Member Burt stated the School District would not be able to say if or when they would need the land so they could not depend on that in making the decision. He remained convinced that they should take advantage of the opportunity to acquire the acreage offered to them but then be open to any other offers they have.
Council Member Veenker wondered if they could pursue a ground lease of the seven acres with an option to purchase for speed and during the negotiation ask how much more they m ight offer and at what terms.
Mr. Shikada said asking the District to agree on a specific seven acres would be problematic.
The assumption is that access to Greendale is what they would need to retain.
Council Member Burt noted that the District’s letter is more flexible than was intimated. He felt they could identify their 15 acres in a way that would not interfere with them having a future school site with full access from Middlefield. He also did not believe that a p urchase would result in any significantly more expensive utility relocation and should not drive the decision. He encouraged they refer t o the ad hoc their ideal direction or purchasing as many acres as they are will offer and explore them carrying the note under reasonable terms. He did not see the land swap as a viable option.
MOTION: Mayor Kou moved, seconded by Council Member Burt to direct staff to work with the Cubberley Ad Hoc to:
a. Develop a proposal for a 55 -year or more ground lease with the School District for the portion of Cubberley site owned by the P alo Alto Unified School District , with an option of a lease back to the district of a subset of acreage; and, b. Explore a lease for the entire site and finance options to include a purchase of 7-acres or more, as well as exploring a note to purchase through the School District; and, c. Remove Terman Park land swap from consideration.
MOTION PASSED: 7-0
14. City Council Discussion and Potential Direction on Feedback Regarding the Proposed Joint Powers Agency (JPA) Agreement for Cities Association of Santa C lara Cou nty; CEQA: Not a Project
MOTION: Mayor Kou moved, seconded by Council Member Veenker to defer item number 14 to the October 23, 2023 City Council Meeting.
MOTION PASSED: 7-0
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Adjournment: The meeting was adjourned at 9:57 P.M.