The City Council will hold public hearings on fiscal year 2027 utility rate schedules for water, wastewater, refuse, electric, and gas, and will adopt the city's operating and capital budgets for FY 2027.
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Auto-transcribed from the official meeting video (speech-to-text — may contain errors).
Good evening. Come on, folks. Want to call the room to order. Want to call the room to order, please, so we can get going and hear from all of you. All right. Good evening. Calling to order the June 15, 2026 meeting of the PaloAlto City Council, which shall be our last meeting before we take a summer break. So with that, I will ask our clerk to call the role. >> Council member Lethod Haynes >> here. >> Council member Rectal >> Council member Lowing >> here. >> Council member Bert >> here. Mayor Vinker >> here. >> Council member Lou >> Vice Mayor Stone >> here. >> For the record, all present. >> Excellent. Well, we get to start tonight with a special order of the day. That is one of the joys that we get to do here on council, although a little bittersweet. And that is a proclamation expressing appreciation to Bill Gut upon his retirement. And I have asked council member Lowing to read the proclamation. >> Happy to do that. Where is our honored guest tonight? Okay, great. Great. Front row. Front row. Perfect. Perfect. Okay. This is a proclamation from the mayor expressing appreciation to you upon your retirement. Whereas Bill Gudov joined the Palo Alto Junior Museum and Zoo in June of 2001 to support the summer camp program and has dedicated nearly 25 years to inspiring curiosity, creativity, and a love of science in generations of children's children and families throughout the Palo Alto community. And whereas Bill served as a science teacher, educational leader, and beloved community figure, developing and facilitating exceptional school science lessons, summer camps, afterchool programs, and open space programs that inspired thousands of local children through his passion for inquiry, extensive knowledge, sense of humor, patience, and kindness. And whereas Bill designed and constructed innovative teaching tools and hands-on scientific models that made complex scientific concepts engaging, accessible, and memorable for students of all ages. And he became widely known for his remarkable ability to improve and repair educational equipment and exhibits. And whereas Bill played an important role in mentoring and training new junior museum educators, generously sharing his expertise and fostering a culture of learning, collaboration, and encouragement that earned him the deep admiration and respect of his colleagues. And whereas Bill contributed significantly to the development of exhibits and educational experiences at the Junior Museum and Zoo, as well as within the Baylands and Foothills preserves, while also supporting the care and well-being of the zoo's animals and forming meaningful connections with many of them. And whereas Bill's work was guided by his deeply held belief that science has the power to transform a child's understanding of the world into one filled with wonder, discovery, and delight. And that belief was reflected in every lesson, interaction, and experience that he created. And whereas Bill's impact on the community is reflected in the words of the students and teachers he inspired, including everything Bill touches is magic. Bill's a rock star and a master. It's hard to improve on perfection. I just wish we could have more bill time. And lastly, I don't care if I'm sick, I have to go to school today because teacher Bill's coming. And whereas Bill Gooduff is recognized by his colleagues, students, families, and the broader community for his extraordinary dedication, generosity, creativity, and unwavering commitment to education and public service. And his presence at the Junior Museum and Zoo will be greatly missed. So therefore, Vicky Vinker, Mayor Silia Peloto, on behalf of the entire city council hereby recognizes Bill Guff for his outstanding service to this community. Thank you. [applause] >> Boy, I I don't want to step on that hearty applause, but you deserve it. You are a true gem uh for and really a true asset to our community. I want to thank you on behalf of all the generations of students who have benefited from you and all of us who benefit from them. And maybe you could tell us who's here with you and then we'd love to have you come up for a photo unless you'd like to say a few more words first. >> Well, you guys should know. Look, >> just step toward the mic so we can hear. >> Oh, look how many junior museum people showed up. >> Wonderful. Raise your hand if you're a Junior Museum person. Oh, look at that. [applause] after after working with kids all day to show up at the end of the day [laughter] that that shows the dedication of the whole organization. So >> a >> that's a huge part of of everything we do. It's just an amazing team. >> Marvelous. >> I didn't know I did all that stuff. >> Thanks for uh thanks for letting me know. >> Well, we are so glad you did. And if you'd like to come up here and have a photo with us, right, just walk on the site on up to the deas. Thank you. Well, thank you, Bill, and thank you all for coming to support Bill and for what you do for our city every day. We're grateful. Okay, Mr. City Manager is reapproaching there. We're moving on to agenda changes, additions, and deletions. >> Yep. Thank you, mayor. I figured we'd have a bit of shuffling going on uh in the moment, so want to just give folks a moment to >> exit and relocate as appropriate. Uh just want to note a couple of uh agenda changes this evening. Uh item uh both related to your consent calendar. Item 8 has been removed uh from uh the agenda. Oh, I'm sorry. That's not correct. I got my numbers wrong here. There it is. 18. Sorry. Item number 18 has been removed from the agenda uh for some minor corrections. And item 23 uh which is related to SB 79 has been uh reaggendized uh itemizing uh the three actions uh related to that item. So those are the only changes this evening there. >> All right. Thank you, Mr. City Manager. So with that, we will move on to public comment on items not on our agenda but within the purview of this council. So madame clerk, how many requests to speak do we have? >> We have a total of 24. However, that includes two groups of seven. [gasps] Um, [snorts] let's go with uh a minute and a half each for the individuals and let's go with seven minutes for the groups. Our first speaker is Charlotte L. Welcome. So, oh, are they speaking individually, each of the three of them? I see. Okay. Well, we're so glad to welcome you to our Teen Arts Council. So, go ahead and and take go ahead and take what time you need. Okay. Hello. My name is Charlotte Lou, a junior at Palto High School and co-president of the Teen Arts Council. Today, my fellow Teen Arts Council members and I are here to first and foremost thank the city for funding our events this year, formally introduce the Teen Arts Council and what we do, building on our youth arts month decoration back in March, and finally ask for usage of the new Brian Street Teen Center. Next slide, please. The Teen Arts Council is a group run by Paloto Teens dedicated to planning free art events where students can express themselves creatively in a safe space. Every Tuesday at the Palto Children's Theater, about 10 motivated team members meet to plan our events, buying food and decorations, marketing through posters and social media, and running the event itself. Our motto is by teens for teens. Thanks to your $8,500 grant for our summer festival, Wayfest, we were given the breathing room for uh funding other events and ultimately served over 350 teens in the Polo community. Here are the events that we held. Next slide, please. We kicked off the year with our candle lit concert where teen musicians performed among Halloween decorations and a backyard barbecue. In February, we hosted our Valentine's masquerade ball. Teens decorated masks, danced together, and filled out icebreaker bingo cards. Afterward, many teens told us they had an amazing time hanging out with friends and meeting new people. We also hosted our bianual clothing swap and open mic where teens sipped on boba, learned about sustainability, thrifted for clothes and art supplies, and performed on stage. Next slide. Then we had our annual film festival, Luminescence, which gave creative teens across the Bay Area the chance to share their work and win prizes. We also premiered Picture Perfect, a film by our teenage council sponsored committee, the film lab that will be shown annually at the Palo Alto at Palo Alto High School to teach students about healthy relationships. Right after AP tests and prom, we held our DIY self-care night where teens made perfumes and lip scrubs, played board games, painted tote bags, and enjoyed service dogs. May is usually the most stressful month for students as everyone is cramming for AP tests, studying for finals, and grappling with the end of the school year. We wanted to create a break from this cloud of stress by creating an event where teens could just relax and take their mind off of academics. Next slide, please. >> So, I was trying to I thought you were speaking as a group and I was trying to give you seven minutes total. So, why don't you take another 30 seconds and then we'll try to get each of you a total of seven. >> Okay, I'm almost done. Okay. Um, next slide. >> All right. Finally, to kick off the summer, we held Wayfest, our annual art and music festival. Teens bought goodies from local teen art vendors and listened to teen bands and performers. Teens also participated in various arts and craft stations, played field games, and won raffle prizes. And thanks to the city's grant this year, we also had a food truck, which we are extremely grateful for. These fun community art events matter to us because of because of how the Ten Arts Council started. I'll hand it off to Matteo to explain the T arts council's origins. Thank you. Hello, my name is Matteo Serrano and I am a a junior at Los Altos High School. Uh I am the graphic designer of Teen Arts Council. The Teen Arts Council was initially a student group founded in 2009 as a community response to a suicide cluster. The recent student tragedies underscore the urgency of raising awareness of teen mental health and creating inclusive spaces for teens to be themselves outside their home or school. Moreover, when facing the constant pressure of Bay Area teen that makes everything a competition from your grades to your extracurriculars or even your own creative expression, a space where no one expects you to be better than those around you is invaluable. Next slide, please. To address this, we laid out three main goals for the council. One, create a free third space where teens can truly be expressed how who they are through engaging in art activities where whether that's painting a tote bag, upycling jeans, or singing their heart out. Two, to build a relaxed non-competitive community where everyone gets the most applause and support and everyone and people can choose how engaged they are, they want to be. We always have an opinion in our events just to sit down and be uh at the back and enjoy the free food. Three, offer inclusive leadership opportunities without barriers. We don't have an application. We host p public meetings and we provide volunteer hours. Today's teams will be the future someday. So, TAC cultivates good leaders and representatives of our generation by offering a space where we can learn, fail, and get back up again and with constant support. We as teens know that you as adults care. You care that our mental health and you care uh when we're struggling. But you can't always know what we need without hearing from us directly. By being here, we want to stress the importance of teens having their own voice and stay say in how their mental health is addressed by adults. And so we're going to tell you exactly what we teens need, a dedicated space of our own. I'm taking it giving it to Amanda. >> Okay. Hi, my name is Amanda and I'm also a part of the Teen Arts Council, also known as TAC of Paul Alto. So, continuing off of Matteo, through our event planning experience and proven impact, we are eager to further our goals. That's why we're asking to use the new Brian Street Teen Center for meetings and events for the 2026 to 2027 school year. Teens need a designated third space, and the Teen Center is just that. Right now, we meet at the Children's Theater. However, since we share the space with so many other great programs of the Children's Theater, we are struggling to find the uninterrupted time and space for us to host our events. It was an honor to be chosen by the city to paint the very first mural in the teen center for its reopening. As we've already familiarized ourselves with the space, we would love to be able to do it even more and take on the responsibility of arts programming at the Teen Center. Specifically, if you were to have access to the teen center, we would use this space to hold our weekly meetings. We would use it to hold our previously mentioned events with some benefits like the fact that it has a large open space and comfy furniture at the teen center, which is perfect for a DIY self-care night. We also have new ideas of organizing monthly arts and craft space for teens to connect with one another. However, currently we face a few issues regarding the teen center. It closes at 6:00 p.m. for when we hold our meetings at 6:30 p.m. to 7:30 p.m. with events going on even later than 7:30. Additionally, transportation is a problem, too, especially for gun high school students that are on the other side of the town. To combat these issues, we are requesting three main parts of this plan. Number one is later hours, such as having it open at 400 p.m. and closing it at 8:00 p.m. on weekdays and close at 9:00 p.m. on Friday to Sunday. The current hours are 3:00 to 6:00 p.m. on weekdays. But if our school ends at 3:30 and it takes at least 20 minutes to go to the teen center when combating peak traffic, teens would only be able to utilize the space for 2 hours. The second is on transport support. So we could make the teen center much more trans much more accessible through a free destination through the Palo Alto link. Additionally, having designated links from the from gun and pali to the teen center would greatly increase our member account, our attend event attendee account and also more gun students could benefit from the teen arts council. I have a lot of friends from both gun and pali who would love to be a part of TAC, but they find the transportation to be a personal issue. We ask that the city provide two links, two link cars, one for gun and one for pi which reach the schools at 6 p.m. and are able to come to the teen center by 6:30. But having >> Amanda, I'm going to need you to wrap up, but please do send this to us in an email. Come back, you know, in the fall and talk to us, but we will read it. But go ahead and finish your your last sentence or two. >> Can I take one last minute? Okay. Thank you so much. So when so this these link cars would reach the schools at 6 p.m. and come to the teen center by 6:30. By having city sponsored safe and reliable transportation, it's crucial to increasing our accessibility and equity for hundreds of teens that don't have their own transportation. Finally is the continued funding to sustain our events and initiatives. As we mentioned earlier, some of our main attractions and events are only possible because of the city's funding and generous support. and we are so grateful that we are able to have them. As someone who has attended the events that TAC has hosts and also plays a part in planning them, I've seen how impactful our events are able to be when we have more support from the city itself. Our events combine arts along with core issues like sustainability and also mental health. Our impact can be achieved with your support. Finally, I want to thank you guys for your time, your support, and your belief in Palo Alto teens to be able to accomplish within our community through arts programming. And thank you. Thank you. >> Our next speaker is Melissa D. Good evening, mayor and council members. Thank you for everything you do on behalf of this community. I am Melissa Denwy representing Indivisible PaloAlto Plus and SOS PaloAlto safety over surveillance. I grew up in PaloAlto attending K through 12 here and my parents still live in the same house where I grew up. We are here tonight because we are deeply concerned about the flock AI surveillance cameras and there is real urgency around this issue. Our community is deeply worried about this right now, today. And I'd like you to see this for yourselves. Could everyone here who feels that this is an urgent issue, please rise. Thank you. Please be seated. That's this room. That's PaloAlto. Here's why this matters so much. Right now, there are documented risks to our civil liberties and our Fourth Amendment rights. Today, not someday, but today, ICE has invisible access to flock data. As it states in the DHS privacy impact assessment, and I quote, "Vendor retention of ICE data. ICE does not contribute data to the commercial LPR database, and the vendor is not permitted to use any of IC's query data, including photographs, for its own purposes. ICE query data is not retained by the vendor except to maintain audit logs for use by ICE. In light of revelations that ICE uses Flock, Flock has not provided sufficient guarantees that PaloAlto's data is not currently nor will be used for immigration enforcement. Second, ICE detention facilities are coming to our region. The county is suing right now to try to stop ICE from opening a detention center in our backyard. After ICE ran roughshod over the permitting process to get there, ICE is also secretly planning a detention center in Dublin, where an abandoned women's prison filled with toxic mold and crumbling asbestous exists. We trust that when you return from break, you'll have a thoughtful and meaningful conversation about all of this. But while you deliberate to keep our community safe, you must cover the cameras. What Flock wants most, most most of all is our data. We know this because their current valuation does not match what they charge for cameras unless the value of our personal data is factored in. We are the product. So while you deliberate, the only safe option is for the police department to physically prevent flock from collecting this information. This is common sense practice once a product safety risk comes to light. Prudent actors take that product offline until the safety issues can be resolved. Doing otherwise leads to civil lawsuits and fines. Other cities have done exactly this. Covered their cameras to stop Flock from continuing to collect data while they work through next steps. Dayton, Ohio, Olympia, Washington, Evston, Illinois, Cambridge, Massachusetts. As federal access to this data becomes more real every single day, the cameras here in PaloAlto need to be covered, too. And we're not alone in this. As you can see here, more and more cities are cancelling their flock contracts altogether, and that trend is only accelerating. PaloAlto doesn't want to be the last one standing on the wrong side of it. So, here's what we're asking city staff to do right now until the city council can take formal action after its break. First, direct the auditor to meet with community members to discuss the scope of this audit. Second, adopt the community suggested audit parameters. Third, cover the cameras now to prevent immediate harm. And fourth, partner with us to promote our democracy forum to the general public. This is a multi-layered issue and the public deserves to be educated on these issues as the council deliberates. And when you come back from break, remember you won't be alone in that room. The PaloAlto community stands strong on this issue and is ready to do what it takes to legally cancel the contract with Flock. And at Stanford, over a thousand people have signed on, including more than a 100 faculty members and leading constitutional scholar Larry Diamond demanding that flock cameras be removed. PaloAlto has stood up to this federal government before, and we were proud of you for it. Let's do it again. Thank you. Our next speaker is Linda F. Good evening, Mayor and Council members. My name is Linda Fromer and I've been a resident of Palo Alto for nearly 24 years. My husband and I chose to move to this city when we relocated from New York specifically for the schools and the safe community it offers. Raising our three children here included many wonderful years of involvement in Boy Scouts, Girl Scouts, Little League, youth community services, PaloAlto recreation summer camps, and much much more. This community has been exactly the safe, welcoming place we hoped it would be. Until recently, I was unaware that surveillance cameras had been installed throughout our city. When I learned of that, something shifted for me and not in the direction of feeling safer. Quite the opposite. Clearly, we live in an anxious moment nationally. We are watching institutions bend and civil liberties erode in ways that would have been unthinkable a few years ago. In that context, a city-wide camera network is not a neutral tool. It can be and historically has been used to monitor immigrants, to track and chill political disscent, and to silence the voices of people who are simply exercising their right to speak up. Of course, public safety is a multiaceted issue. Our community deserves to have a comprehensive discussion about safety. Right now, our neighbors are not safe. Plans to build detention centers in our backyard in Dublin and Gilroy are not abstract policies. They are a direct imminent threat to people in our neighborhoods and on our streets. Activists liberties are threatened by the federal government. Parents driving their children to gender affirming care appointments are looking over their shoulders wondering if they're being tracked. Our Stamford community worries about participating in protests as their research funding gets ripped away. This city's safety was never built on surveillance. It was built on neighbors, on community, and on trust. At this moment in time, our federal government is failing us and we are turning to you for help. After initial set of flock cameras was installed in PaloAlto, there was a second wave. I fear this can easily lead to a third and fourth wave. Are we heading into being a city with cameras watching us everywhere? I hope not. It seems as though it would be so easy to upgrade the cameras to condors and other advanced technology that uses AI and facial recognition. Do we need and want that in our community? I don't. And I know many others don't as well. If Lockach gets the FBI contract, our data will become bait for the federal government. Without any doubt, without any need to question anyone's intentions, more data means more data breaches, more exposure, more harm to the people this city is supposed to protect. Once the genie is out of the bottle, it can't be put back. But more importantly, I know if you as PaloAlto leaders stand up to fight this issue, we can have a real impact. We are a technology leader and with that comes responsibility. It is incumbent on the city council to ring the alarm bell. Now, I urge the council to discontinue the use of these cameras and recommmit to the values that made so many of us choose to raise our families here. Thank you. Our next speaker is David P. >> Hi, good evening everyone. I'm um a local homeowner and I wanted to address um SB79. A city manager mentioned that earlier. Um uh I want to give a plug for higher um buildings, taller buildings. >> We have an item on that coming up in the consent calendar. So I think you need to hold your comment for that because that is on the agenda. >> Okay. Thank you. >> Thank you. >> Our next speaker is Luis R. >> [snorts] >> Uh, good evening, city council. My name is Luis Rosas. I'm a concerned community member and organizer from East Palo Alto, born and raised. A majority of East Palto is composed of black and brown working-class people of color. Many EPA residents commute to Palo Alto for their jobs, drop off, and pick up their children from school. And this is also where uh EPA families visit for food and food and entertainment all year round. Flag safety has been found to share Pauloto's data to federal and law enforcement agencies from out of state. This directly puts EPA's majority Latino and Latina population at risk as this current presidential administration seeks to target and persecute us indiscriminately. Palo Alto owes EPA many debts, some of which include um fighting tooth and nail to deny EPA from becoming its own city. Some of that can also include the racial and economic segregation policies that denied black and other minority families from living in Palo Alto. All this being said, the city of Palo Alto has the opportunity right now to do what's right by their EPA neighbors to protect them and their families by cancing their flock contract. Doing this ensures that Paul Alto's data does not fall into the hands of federal agencies like ICE and DHS. I would say that y'all should listen to your community members and your constituents, everybody who's here, everybody who's been fighting. This is not the first time as as far as I know that uh they've come up to you and this is a fight that is still happening in East Palto as well. So, thank you so much for listening. Our next speaker is Fen T. Hi there, city council. Thank you guys for what you're doing. It's a hard night. Some slides out that to see. This has to do with induction stoves. And thank you very much for the induction stove rebate program over natural gas stoves. And thank you very much for shifting the messaging from that of climate change to in a way the more local the more direct in a way you could argue the more important that of health. Um I was recently with my wife on our honeymoon second honeymoon and I have some tobacco fighting graphics for you to share. If you have suffered with cancer or have forensic, these may be triggering because this is what other countries are doing to get the message across. Could I have the next slide, please? So, Canada is tracking how graphic cigarette warnings are over time and you can see the number of countries now that are actually putting this in place. So, this is my mother country. Next slide, please. So, this is what Canada has on their cigarette boxes. And so think about this is something to talk when we talk about natural gas stoves and triggering lung cancer in children and adults. Next slide please. This is what Thailand [snorts] what some might consider a third world country. They don't h they have to pay for their own health care as a government entity. So they want to get it across that health. Thank you. >> Our next speaker is Valin V. >> Good evening. My name is Valen Varnasi and I'm a rising junior at Los Altos High. Thank you for listening. I'm asking council to redesign the Bueno Vista utility upgrade as fully electric, the way it was originally planned. Homes with gas stoves have a 20% higher rate of childhood asthma. Gas appliances release nitrogen dioxide and benzene. Pollutants tied to asthma and respiratory disease. Buenov Vista is home to families with kids and seniors, locking them into another 20 plus years of gas means means locking them into that exposure. Now, the cost. California's 2022 scoping plan commits the state to carbon neutrality by 2045 and the path to get there decommissions the gas distribution statewide. Installing new gas lines now means rateayers pay twice which is very suboptimal. Please reconsider and thank you so much. >> Our next speaker is Peter R. Hi, my name is Peter Revangh. I'm an incoming senior at Pi in Eagle Scout and I have a strong interest in viral science. The issue I'll be speaking on today is the dual gas and electric utility implementation of Buenav Vista mobile home rather than only electrification. I think this issue and environmental issues in general often suffer from a lack of representation from younger people. Young people uh are underrepresented in these decisions, even though we'll be living with consequences much longer than most current elected officials. That's why I support transitioning this mobile um home community to all electric utilities rather than continuing to rely on natural gas. The choices we make today will affect our community for decades. Uh and I think we should choose the option that's best for our future. Thank you. >> Our next speaker is Zena H. >> [clears throat] >> Hello, I'm Zena Hammer and representing the San Francisco Creek neighborhood uh group. Um we're grateful that Peloto has initiated the annual bridge replacement project and the Hamilton storm drain project. These are meaningful steps and we appreciate the support. Um there are two reasons for our concern and urgency tonight. First, we're facing another uh forecast of a very strong El Nino similar to the 9798 uh when the flood of record occurred. Second, we face a deadline that will not wait until the recess is over in August. On July 14, the Valley Water Board is scheduled to vote to replace its commitment to the 70-year-old flood protection for reach 2 with a funding only metric. This would formally relieve Valley Water of outcome responsibility for this project at the very moment when the project needs Valley Waters's technical leadership and support the most. This matters because a credible plan already exists. The WRA alternatives evaluation report published in the spring of 25 provides a viable path to a 70-year-old flood protection including replacement of the Pope Choser Bridge. Uh the JPA reconfirmed uh the project's design goals. This problem is not technical. It's political will and um a July 14 vote once taken will be very difficult to reverse. Please contact Valley Water to encourage them to maintain their commitment to this project. Thank you. Our next speaker is CMSA. My name is Sheamus and I live on Stanford campus. You know, I have this Flock off badge here. Uh but I think I got a little confused outside. I'd like to share three of the reasons I'm so excited about Flock coming on to our community. Uh so, first of all, they enable connection. I heard that a Kansas police chief searched for his ex-girlfriend 164 times in four months. And I was just so heartwarmed by his unrequited uh dedication to and affection for her. Uh second, Flock can share data with a whole national or statewide network. Um so as we saw in Mountain View, statewide and nationwide lookup settings can actually be toggled on by accident. Um and it's really exciting to have a technology that helps jurisdictions to cooperate with each other uh even when they maybe don't mean to. And third, I know that most people would expect that the government would need like a warrant to track everywhere that they've been in the past 30 days. Uh, but that's another one of the great things about flocks, so these police officers can just decide for themselves that they'd like to find out uh where I am. Uh, but I'm worried that this frictionless process actually isn't fast enough. So, I was thinking we could use the cameras along with uh information like race and income level actually to predict when someone is on their way to commit a crime uh and arrest them before [snorts] that happens. Uh so, I'd appreciate it if you could, you know, appreciate the advances we're making with in with AI uh and direct the police to look into that. Thank you. >> Our next speaker is Justine B. Good evening, Mayor Vinker and city council members. My name is Justine Bert. I'm the executive director of the PaloAlto Transportation Management Association, and I'm here to urge you to reconsider something that came up on June 1st. I think bank bikes should be allowed on California Avenue. Um there's an important underpass under Calav Transit Center, the Cal Train Station for Green Middle School students who live on one side of El Camino to get to school. Um there are a number of Stanford research park workers who get off the Cal Train at Cal A and would need to bike to work. So it's an important place for uh bikes to come through if we can keep them slow. And so I know the e-motobikes are of particular concern. Um I've biked quite a bit on Cambridge and uh the pavement quality is pretty bad and cars are pulling in and out of the parking lots there. So not a great place for bikes to go through. Um so I suggest maybe instead 5 mph speed limit on Cal A. I really like the schematic of the um um the negative space for the bike lanes and the pedestrian um thermoplastics. um maybe 5 mph speed limit with tickets given above 10 miles an hour. Just something to think about. And uh for those of you who might be available tomorrow night, we're doing a community bike ride leaving at Cal A and El Camino Rial going down to Eagle Park in Mountain View and back. Hope you can join us. Thank you. >> And that concludes public comment on items not on the agenda. >> All right. Right. Well, thank you, Madam Clerk, and thanks to all of you who provided public comment tonight, especially our youth. With that, we will move on to council member questions, comments, and announcements. So, colleagues, what say you? I know I've seen a few of you at a bunch of events. Maybe we'll just give it a minute to settle down here. All right. If you could take your conversations outside, that would be appreciated. >> They can't hear me. >> All right. Okay. Okay, if you could uh [laughter] they can't hear me. >> Sorry, we need to move on with our meeting and it's tough to hear back there. Thank you so much. Thank you. All right, so uh colleagues, there's a couple things I'd like to let you know. I'm not seeing any lights, but if anyone has uh comments, please do ring in. Um, one is I wanted to I announced this on Friday, but it's a matter of general interest, especially given an agenda item coming up about our utilities. Um, so as you know, PaloAlto has its own municipal electric utility, and we provide power through the Northern California Power Agency. Last year, the longtime general manager of NCPA announced his retirement. Um, so I serve on the executive committee of the board of NCPA and we conducted an extensive nationwide search for his successor and I am pleased to announce tonight that Tony Zimmer has been selected as NCPA's new general manager. Tony has worked at NCPA for 25 years and up until Friday served as its assistant general manager. I am confident that Tony will be an excellent leader at this time when capacity, reliability, and affordability of our electric power is critical. And so I wanted to let you know he's in Roseville, but uh will be out here uh getting to know us better. Okay. Um, I also wanted to um let you know that uh uh about a global data center pact that C40 had is sponsoring and announcing and launching this week. C40 is an association of the world's 100 largest cities and they will be announcing this pact at London Climate Week this week. And even though we are not one of the 100 largest cities, uh they did invite me to endorse the pact which I have done. And so it will this pact I have copies of it for those who want to see it. But it basically establishes a vision for sustainable high-erforming urban data centers grounded in equity, sustainability, and local benefits. So I just wanted you all to be aware of that. Um, so that is all I have and seeing no lights, we will move forward with our busy agenda. Okay, we will move to our action items before consent tonight since some of those uh consent items depend on it. And so we will move first to item two. All right. So, while staff is arriving, let me give a little background on uh this uh item. So, tonight we will hold a public hearing to consider item two, which is a series of actions adopting utility rates and financial forecasts. There are seven separate resolutions under this item. Three of these proposed changes to the city's water, wastewater collection, and refuge rates require a public hearing under Proposition 218. As required by the California Constitution, we will conduct majority protest proceedings for the water, wastewater collection, and refuge rate increases, and the public will have an opportunity to speak. But first, staff will make a presentation on water, wastewater collection, and refuge rates and financial forecasts. And then once we've conducted the Proposition 218 hearings on those rights, rates, rights, rates, we will consider the rates for the city's electric, gas, fiber, and storm water management utilities. So, I will turn to staff for the presentation. Welcome. >> Good evening. Alan Curator, director of utilities. I'm going to introduce Lisa Belier. She is our uh assistant director of resources. Um she pres presented here last year but this is the first year she's presenting as assistant director. Um so we have an efficient presentation broken up as the mayor said in two parts. I did want to also highlight that in terms of affordability. Uh Lisa will go in some of the details of our expansion in terms of um uh lower residential discounts and rates and expanding to more of the population. But I'll turn it over to Lisa to go through the first items on Prop 218. Thanks. >> Thank you so much. Good good evening, mayor, council members. My name is Lisa Balier and I'm here to talk to you about the 2027 proposed utility financial forecasts and rate proposals. If you could go to the next slide, please. PaloAlto provides essential utility services that that uh residents and businesses in Peloalto rely on every day, including electricity, gas, and drinking water. And our focus is on keeping those services safe, reliable, and cost-effective. A big part of our work is maintaining and upgrading the infrastructure that supports the community. We replace aging pipes. We're increasing system capacity to prepare for electrification and undergrounding equipment in high fire threat areas. When storms hit or leaks occur, our crews respond quickly to keep neighborhoods safe and minimize disrupt disruptions. We're also contributing our share to the regional wastewater treatment plant rebuild to protect the waters of the bay. We're also planning ahead. PaloAlto already uses 100% carbon neutral electricity with a significant share that comes from renewable sources. Our electrification programs support residents and businesses who want to electrify their homes, vehicles, or buildings. And we do all of this with careful financial management. We oversee more than $500 million each year. And as a publicly owned utility, every dollar goes back into maintaining reliable service, keeping rates stable, and planning for long-term needs. Next slide, please. I want to take a moment to talk about the suite of resources that the city has to help customers save on their utility bills. The bill impacts that we show in our presentations assume that customers keep using the same amount of energy and water. But customers can take advantage of these programs to reduce their energy and water usage and this is the best way for customers to control their utility bills. So our rate assistance programs as director curator mentions have recently expanded based on council action from earlier this month. more uh income qualified residents are eligible and discounts for the electric utility are larger up to 35% off of electric bills for income qualified customers. We're also continuing our gas discounts of 25%. And those programs are funded through public benefits funds and there's also water rate assistance available through Valley Waters program for incomequalified customers. In addition to rate assistance, rate assistance, we have residential energy assistance program which provides home upgrades and weatherization to improve comfort and reduce monthly energy usage and utility bills for income qualified residents. Now, for all of our customers, we have a sophisticated series of efficiency measures and electrification support, ranging from free customer surveys, devices, and rebates that help customers save energy and water. And with our advanced metering and automated leak alerts, residents can track their usage and catch any issues early. Overall, these programs help make utility services more affordable, efficient, and help residents manage their utility bills. Next slide, please. I just have this one slide that gives you a brief overview of the water, wastewater collection, and refuge rate increases. These are increases that were reviewed in detail by the finance committee. and the finance committee recommended unanimously that the council approve these rate proposals. Finance committee members noted that reserve balances were drawn down during the pandemic to support lower rate increases and that the current upward pressure on rates is partially a consequence of those prior decisions. As noted on this slide, there is a pass through portion of the water rate increase since the wholesale water rate increase is increasing from the San Francisco Public Utilities Commission. That increase will go into effect automatically and customers have each received a postcard that notifies them about that increase. For the water utility, what the council's voting on tonight is what is needed for the distribution system needs. It's driven mainly by the investments that we need to make in our water system in PaloAlto. Much of the system of pipes that is within the city that delivers water is decades old and we need to replace aging mains in order to um maintain reliability and reduce leaks in the water system. We're also investing in seismic upgrades to our water reservoirs so that the system can perform during emergencies or supply interruptions. And these capital projects for the water utility help ensure we have a safe, dependable water supply long into the future. Briefly on the wastewater collection system, the wastewater collection system is facing significant capital needs and major projects, major capital projects have already been deferred. Now, we're at a point where we do need to move forward with replacing old sewer mains to prevent failures, backups, or spills of raw sewage and costly emergency repairs. We need to upgrade a lift station and other collection system repairs as well. Increasingly stringent requirements and aging infrastructure at the regional water quality control plant mean that upgrades are necessary there as well, and PaloAlto needs to pay our share of those costs. On the refuge collection side, refuge rates are increasing because of the rising cost of collecting and processing solid waste. The cost of the city's solid waste contracts have increased and it has become more expensive to process solid waste materials with more stringent state and local regulatory requirements. The 3% rate increase is necessary to make sure we can continue reliable collection service, responsibly process materials, and keep the system financially stable for the long term. Next slide, please. This slide is provided for your reference. It does have a lot of numbers on it. I wanted to just make sure that you had this information for all of the utilities, but I will separately address uh electric and gas after we discuss water, wastewater, and refues. The overall I wanted to bring your eye to the bottom of the column that is outlined in red. The overall increase on the utility bill from this set of increases is 8% on the average residential bill. And this is $35.20 20 cents per month. Next slide, please. This is the recommendation and summary for the council to approve the resolutions with the financial forecasts and rate schedules for the water wastewater collection and refuge utilities. And I'll pause there. >> All right. And so when you say pause, you done with the the presentation. I see there's some supplemental slides of those just for questions or >> um my understanding of the script of the hearing was that we would uh have a a portion for the electric and gas uh after we address water, wastewater, and refues, but I'd be happy to take any questions you have on >> I just wasn't sure if you were done with that first part. >> Yes, done with that first part. Thank you. >> Excellent. No, no worries. Thank you very much. There's a lot of moving pieces to tonight, so thank you. Well, director, assistant director, thank you very much for the presentation so far. Um, and we will uh turn to public comment on the proposed water wastewater collection and refuge rate changes and financial forecasts. But before we do that, uh, the city attorney, I believe, has some background to provide on how the Prop 218 public hearing will be conducted. So, Mr. City attorney. >> Thank you, mayor. So tonight's water, wastewater collection, and refuge rate hearing will be will follow the requirements of a provision of the California Constitution that is commonly referred to as Proposition 218. Prop 218 sets forth rules that local governments must follow before increasing property related fees. Notice of tonight's hearing was mailed to effective water, wastewater collection, and refuge customers on April 30th, 2026. The city clerk has been accepting written protests against the proposed rates and will continue to do so until the close of the public input portion of this hearing. After the close of the public comment portion of the public hearing, the city clerk will tabulate the written protest against the proposed water wastewater collection and refuge rates separately. If a majority of the affected customers have signed written protests against any of the proposed rate rate increases, they they will not be impo the the rate increases will not be imposed. Otherwise, the city council may adopt the proposed water wastewater collection and refuge rates by resolution. >> All right. Well, thank you, Mr. City Attorney. Um so now we will move to public comment on water wastewater collection and refuge rates and financial forecasts and speakers will have up to two minutes. So madame clerk would you please uh organize our public comment. >> We have no requests to speak and no hands are raised on Zoom for this um for the water and wastewater rates. >> Very well organized. Thank you. Okay. Then if it appears that there are no members of the public who wish to speak on these rates, uh before I close it, just want to remind anyone that this is the last opportunity to submit written protests on water wastewater collection and refuse rates. So I'm just going to pause for a moment in case anyone wants to walk up with any paper uh written comments. Seeing none, I will now close the public hearing on the water, wastewater, and refuge rates. Before we turn to council questions and discussions on the utility rates and financial forecasts, we will first count the written protests on the water, wastewater, and refuge rates, which I assume is the same count as you had gave me before because we didn't get any additional ones. Is that correct? >> That is correct. We have received seven protests against water rates. Okay. So, beginning with water, there are 19,538 water customers subject to the water rate changes, meaning that 9,769 protests are needed to create a majority. And the city clerk has just told us there are seven written protests that we received against the proposed water rate increases. So that being the case, we do not have a majority protest and the total number is not higher than 50% of the total water customers subject to the rate increases. Since there is no majority protest on water rates, we will consider the resolution adopting a water rate increase tonight. So now are there council questions, discussion and action on the proposed water rates and financial forecast. [sighs] >> Wow, that was like a tie. Vice Mayor Stone, >> thank you, Madam Mayor. And I I just have one one question from staff because I just think it's it's helpful for everybody, especially based on the conversation we had last week on the SF PU. Can you I know I think Allan I think you gave me this information a couple months ago but for everybody else's knowledge. So on the the staff report talked about the I guess a big driver of our water rate increases is due to the SFPU and the SFPU originally projected a 1% whole sale rate increase but modified that to a 7.4% 4% increase um with an with significant projected increases over the next few years. And we know that even those are not reliable based on the SFPU's kind of previous errors in their projected rate increases. What what percentage of our water rate increase is attributed to the SFPU increase? >> Sure. I think right I'll have Lisa go through the details. I think it's uh 580 per month is in regards to the uh the impact that we're have we're passing through on the water side for SFPU. As you may recall, um uh Vice Mayor Stone uh SFPU uh gave us an increase that we were a little surprised with in terms of that. So, we've had to adjust our rates accordingly. Uh so that's the main driver is the the cost of water. >> Yeah. And I'll just add to your question in terms of the amount of the rate increase that's due to the SFPU about half of the water utilities costs are to pay for the commodity to pay SFP to purchase the water and those that amount is going up by 7.4% and on the distribution side we're increasing the uh distribution rates by 8%. So it's quite similar and so it's about half. >> Okay. So about half of our crease our increase attributed to the SFPU increase. >> Yes. >> Okay. Great. Thank you. >> Council member Rectal. >> Okay. Clerk, can you bring up packet page 20? I want to look at figure two there in the middle of the page. And this is going to show the wastewater reserves. packet. Page 20. Okay. And what this shows is that during 2023 and 2024, our reserves went to zero. Can you talk was that due to the COVID rate cutting that you talked about or >> Yes, during that time period we did proceed with a uh sewer main replacement a year early [snorts] and additionally to uh because of coordination with repaving uh on El Camino. And so that that happened. And additionally our um overall for the utility our costs were higher than we had projected and our revenues were lower than we had projected in part because of COVID impacts. And so those things together led to a low a low reserve. >> Okay. And so yeah the next question was going to be could you have foreseen this and in this case there were some things that were unexpected. >> Correct. and CO also I guess was unexpected. Um so across the board I mean overall I think our utilities are wellrun. It does bother me when I see 16% increase and a lot of that is due to capital funding capital projects and so what's the trade-off between raising rates and financing that can you talk about why we chose that to raise the rates what we are proposing? So, so in general for the wastewater utility and this is showing the operations reserve for for the uh the wastewater utility. Um we show that the capital reserve it's it's it's probably just just as um uh just as low in terms of that. We've actually had to take a loan from the fiber utility uh during this time in CO. Um there has been increases to the wastewater treatment plant as you it's a it's a generational in uh reinvestment into the plant in neighborhood around $397 million or $400 million. Um we have received a lot the city and I I'll credit public works uh department and Bra Egleston and his team they re received state revolving fund loans which is less than 1% but we still have that de that debt service and we also are increasing seeing increased operational costs coming uh uh from that treatment plan as well. So those are the real rate drivers. Uh what we have done on the wastewater collection system is we've been very proactive in actually um videoing the lines the collection system lines and seeing which ones are in need of replacement. So we were able to defer some of those projects and now as Miss Belair has mentioned we it's time for us to actually push forward those projects and uh we we've packaged those projects together try to get uh the most bids and favorable bids from contractors. So, um, those are the the key drivers for us right now. >> Okay. And but we're raising rates by 16% on the wastewater. Could we raised it by a lower amount and then finance more of that in the future? What's the trade-offs there? >> I think as we've been thinking about debt financing, we've been thinking about that primarily for one-time projects rather than projects that are really necessary on an ongoing annual basis. And the key driver here for the collection system is that we need to do main replacement on a consistent basis in order to make sure that we replace all of the remaining pipe before they get to be, you know, more than 110 or 112 years old. So that's what's been driving this. And uh if we debt finance that then it would, you know, build on each other. >> Okay. >> Yeah, >> that makes sense. Yeah. Anything ongoing, you really don't want to finance that. So of this rate increase, how much of it is due to the wastewater plant and how much is it due to the the mains roughly? >> Um you know it varies from year to year and this year majority is because of the treatment cost uh as well as to replenish reserves on both the treatment side and the collection side and I do have some specific numbers I can look up for you. >> Okay. And then also big picture now we look back in hindsight. Should we have been saving more reserves or do you think that we just got unlucky and we were doing the right thing? Right? Because this reserves are a good thing when you need them, but they also increase costs. And so if we would have had more reserves, that means in the past we've been charging more for utilities. And so there's a trade-off between having healthy reserves and keeping rates as low as we can. >> So I [snorts] I'll comment first. I mean um COVID was an extreme event uh for not only in this community but nationwide and across the world. So many utilities actually tried to keep their low their rates low and stable. So it's unsurprising. Um I think what we have done is try to be very uh um structured in terms of what we need to do next in terms of the the the future uh investments and I think one of the key ones and different from other agencies is the reinvestment of the wastewater treatment plant at this time and we're also dealing with some of the inflationary costs. So we were we're hit with COVID. We're also hit with these inflationary costs that um and for those reinvestments and that's across the board. So uh you know our public works team has been looking at similar like projects and reinvestments. The city of Sunnyale is going and updating their wastewater treatment plants. So we're updating those costs and and taking advantage as as much state lowcost interest rate uh financing that we have. So, um, given given th that perspective, I think the city has been very strategic in terms of trying to keep rates low. Um, you know, but we have been hit with these multiple events. Uh, so now we're trying to replenish those reser reserves and and the city council is going through and taking a look at those reserve policies to to um prepare ourselves for the next next potential events. In your professional opinion though, do you think the reserves are a proper amount right now or do we have to consider raising them? >> I think we're going to have to look at uh some of the investment costs of the treatment plant and especially the bids coming through. So, it it's it's healthy for the organization to take a look at that uh in terms of the staging of those projects and um we're working very closely with with our foils over in the public works department and how those projects are going. Um, so we will bring that back. I I understand that that council has referred some of that to the UAC. So that will be a big part of their upcoming work plan and and looking at those reserve policies and providing a recommendation back to city council. But we definitely are going to look at uh the capital reinvestments uh to to meet the regulatory requirements to uh for the discharges to the bay. >> Okay. Thank you. >> All right. Thank you. Uh, seeing no other lights. So, right now we're just focusing on water. Is there a motion to approve the water rates resolution? >> So, move. >> Thank you. Is there a second? >> Second. >> Okay. Seeing no request for further discussion, would you please call the role? >> Vice Mayor Stone? >> Yes. >> Council member Bert. >> Mayor Vinker. >> Yes. >> Council member Lithcods. Yes. >> Council member Lou. >> Yes. >> Council member Rectal. >> Council member Lowing. >> Yes. >> Motion carries unanimously. >> Thank you very much. So, moving on to the wastewater rate protest count. There are 22,410 wastewater customers subject to the wastewater rate changes, meaning that 11,205 protests are needed to create a majority. So, Madame Clerk, did we I don't think we had any additional uh numbers for that either. So, uh, how many, um, written protests did we receive against the proposed wastewater collection rates? >> We received seven protests against the wastewater rates. >> Okay. Thank you. So, the total number of protests received is not higher than 50% of the total wastewater customers subject to the rate increases. Since there is no majority protest on wastewater rates, we will consider the resolution adopting a wastewater collection financial forecasts and rate increase tonight. So, are there any further questions, discussion, or action on the proposed wastewater collection financial forecasts and rates? Seeing none, [snorts] is there a motion to approve the wastewater collection rates resolution? So, >> thank you. Is there a second? >> Second. >> Thank you. Madam clerk, would you please call the role? >> Mayor Vinker, >> yes. >> Council member Lowing, >> Vice Mayor Stone, >> yes. >> Council member Rectal, >> Council member Lou, >> yes. >> Council member Lethod Hayes, >> And Council Member Bert, >> yes. Motion carries unanimously. >> All right. Thank you. So, moving on to the refuge rate protest count. There are 20,712 refuge customers subject to the refuge rate changes, meaning that 10,356 protests are needed to create a majority. I will now ask the city clerk to provide the number of written protests received against the proposed refuge rates. We received four protests against the refuge rates. Thank you, Madame Clerk. The total number of protests received is not higher than 50% of the total refuge customers subject to the rate increases. Since there is no majority protest on refuge rates, we will consider the resolution adopting a refuge financial forecast and rate increase tonight. So, are there council questions, discussions, and actions on the proposed refu rates? Seeing none, is there a motion to approve the resolutions regarding refuge rates? >> So move. >> This is I'll second. >> Well, good. Council member Bert, move. Council member Lou, second. Seeing no request for further discussion, Madame Clerk, would you please call the role? >> Council member Rectal. >> Yes. >> Council Lith, >> yes. >> Vice Mayor Stone, >> Mayor Vinker, >> yes. >> Council member Lou, >> yes. Council member Lowing. >> Yes. >> Council member Bert. >> Motion carries unanimously. >> All right. Thank you. So, we got through the Prop 218 rates. We will now turn back to the nonproposition 218 rates presentations. Uh we will consider the utility rates and financial forecasts that are not prop 218 as I mentioned namely adoption of resolutions adopting financial forecast and fiscal year 2027 rates for gas, electric, fiber and storm water management. The order of proceedings for this item will be as follows. First, staff will make a presentation on the proposed rates and financial forecasts for gas, electric, fiber, and storm water management. Next, we will hear public comment. Speakers will get up to two minutes each. Lastly, council will have a chance to ask questions and discuss followed by motions. So, I will turn back to the director and assistant director for the remainder of your presentation. >> Thank you very much. just two two slides um and then the recommendation slides. So for the electric utility the proposal this proposal was unanimously supported by the finance committee that took a look at it in detail. The finance committee voted for a 4.5% increase in fiscal year 2027. As I mentioned, the utility, the electric utility is modernizing the grid and planning to issue bonds to pay for these costs with a planned 85 million bond issuance later this year. Grid modernization is going to improve reliability and resiliency as well as increasing capacity to prepare for electrification. Electric rates are being affected by rising long-term costs across the entire power system. We're seeing rising long-term costs for grid upgrades that are needed to maintain reliability and support more electrification in the community. State requirements for renewable energy also continue to increase, which means we need to procure more clean power at a time when those resources are becoming more expensive. We're also facing higher requirements for power reliability. And together, these factors are driving up the costs of providing reliable and clean electricity. I want to make a note about building permit fees. During the finance committee's discussion earlier in this year in in April, the committee directed utilities department staff to develop a rebate program for building permit fees related to photovoltaic generation and energy storage systems. This will be a local decarbonization program and we'll uh be proposing to use $225,000 of non- rate revenues uh in order for this purpose. And we would keep the amount of funding for local decarbonization the same by correspondingly reducing the allocation of cap and invest auction revenues to the cap and invest reserve. Next slide, please. For the natural gas utility, the UAC reviewed the gas proposal of a 9% increase and recommended lowering the increase by reducing the general fund transfer or possibly using reserves. Staff did investigate the possible use of reserves and found that there are no available reserves to use for this purpose. The finance committee also took a look at this issue and recommended voted 21 to recommend the 9% overall rate increase. I did want to note that the finance committee discussed but did not decide to go forward with an option to reduce that would reduce the overall gas bill approximately 1%. And that idea was to slow the recovery of the gas price spike mitigation reserve to 32 months instead of 16 months. That uh those funds are to mitigate the impact on customers of a price spike similar to the one that we saw in 2023. Next slide, please. This slide summarizes the recommendation that I discussed for the electric utility. Next slide, please. This slide summarizes the recommendation for the gas utility. And I do want to say a couple words about the fiber proposal and storm water management. for fiber. These the rates in the included in the packet implement a 3% consumer price index inflation increase. That increase affects only four customers that are continuing on the dark fiber rate schedule that the the schedule that uh existed prior to 2006. There's also an inflationary increase to the advanced engineering fee for new connections, but most of the dark fiber customers are not impacted by this increase. For the storm water management fee, a majority of PaloAlto property owners approved a ballot measure in 2017. This fee funds the 13 storm drain capital improvement projects that were listed in the ballot measure. And that ballot measure allows for an inflationary increase consistent with the applicable consumer price index which is 3% for this year. So with that that concludes the presentation and be happy to answer any questions. >> All right. Well, thank you very much. Uh now we will turn to public comment. Uh speakers up to two minutes. Madam clerk, do we have any public commenters on these rates? There are no requests to speak and no hands are raised on Zoom. >> Okay, great. So, are there council questions, discussion, and action on the financial forecast and proposed rates for gas, electric, fiber, and storm water management? And these we can do collectively because we don't have the same process as we did to the under the prop 218 rates. Council member Rectal Couple questions on electric first. Uh in the staff report you talk about the when and where approach to try and delay the costs and we can delay the cost. Does that impact our reliability? What what's the trade-off there? >> Uh so the win and where approach is actually for the distribution. So as customers electrify uh what we found especially in this last year we can keep pace with the customers coming in and looking specifically at the part of the distribution system that serves them the basically the transformers that would serve the residents or businesses. We've been very successful in that regard. >> Um the the real change in the the real change is we'll be able to meet those requirements in a nutshell. >> Okay. And so when you replace the transformers how old are they? Are they generally fairly old or are you actually replacing relatively new equipment when you upgrade? >> So the distribution transformers um vary in age and size but for the most part the smaller ones have been in the system for quite some time and are in need of replacement. As we look at those we also look at the poles itself to see if those need replacement as well. I think the main folks that we're looking at now is actually looking at the resiliency reliability of our substations which um if you look back at them are circa 1960 or 1970 and and they are um ready for replacement and expansion. So um we are doing those in a manner that is most cost effective um and also improves reliability to our customers. So um we're very excited about those projects. uh as you go through the capital projects you'll see that as well as we have very defined projects um because we are going for financing as well. >> Okay. Um but over in big picture if you look at the speed at which we're upgrading our utility are you satisfied with that >> familar some of these capital projects to our neighboring agencies in terms of not only the scope and scale but also the timing. um by timing these projects out and looking at electrification and load growth in general for the city. Uh we have seen some load growth uh you know coming from commercial activities and we also are projecting load growth with uh more residential um but by not doing uh the projects and extending them out over time we're actually reducing some of our um our bonding costs over time. So we actually see that as a a reduction in terms of some of the long-term uh rate impacts to our customers and increasing affordability. >> And in the staff report you say that the electric consumption is expected to be 14% higher than previously expected. Is that electrification or why is that? [sighs] So that's primarily due to some of the commercial um commercial space where we're seeing some growth in that area really the the high-tech space where we have businesses moving in and they do need some compute uh with their facilities. Um these are not the large scale data centers that you read in the news but they are really onrem uh compute for for those high-tech businesses that need to have it on site and frankly separate. >> Okay. So most of the growth is on the commercial side not on the residential. >> Yeah. the the the growth that we've seen on that on that percentage is primarily there. >> Okay. And then finally for on the gas side uh we have a 14.5% distribution increase rate increase for the distribution portion of the gas utility. Uh what is that from? What are we upgrading? >> Well, we're uh investing in the main replacements. We are also getting a federal grant for some main replacements but continuing u at our at our level of main replacement as well. So that is a benefit for the customers in PaloAlto in terms of safety and reliability. Uh, additionally, one of the drivers of the gas rate increase is the sales levels have been lower in the gas utility and uh, you know, there have been some mild conditions over the last couple of uh, uh, uh, winter seasons and that has led to some lower lower gas projections going into the future as well as as we've had those milder weather conditions. So, um, you know, we'll we'll keep monitoring it and updating our forecasts every year, but that's one of the one of the primary drivers. >> We had a very mild winter. So, you know, when we make those projections earlier, you assume a normal year, and that was not a normal year. Um, and just as u uh Miss Belier has mentioned, the city did receive a 16.5 million federal grant um to pay for some of these gas main replacements as well, and we could obviously pass those savings on to the customers. Are we seeing electrification cut into our gas use or are there other effects that are bigger than that? >> We will have a lot more information on that I think when we can analyze our AMI data. But for right now and we think it is having some impact and that's what we see when we look at the regression. Uh however you know much larger impact on a on one year to the next is weather changes. >> Okay. Yeah. I love AMI. I think that's going to really help us be more efficient. Okay, thank you. >> Um I have a a question. Um so for the electric utility rates, um you mentioned the um using the building permit fees for non-right revenues to uh for the local decarb efforts with uh PV generation and and storage. Um, and then you also mentioned that uh taking some of the cap and invest auction revenue and putting it in the cap and invest reserve. And I'm wondering if any of that is related to carb's very recent decision about the cap and invest program and creating the new $4 billion fund for uh for industry some would call them polluters to pay in or is that have any impact because don't aren't we getting increased revenue from that? No, no, this is not a change that's related to that. Uh but we uh you know the name has changed the the cap and invest um but this is a reserve that the city has had and the electric utility to capture those cap cap trade in the past and now cap invest uh funds uh in an equivalent amount to the wreck exchange program. So, this is because of a council decision from several years ago that we're capturing some of those funds for uh local decarbonization programs. >> And I I also do want to add you had actually two embedded questions there. The second question was um yes, this utility is expecting more cap and invest monies based on carb's recent decision. Um probably about almost double what we received in the past. So that is roughly 1.8 8 million if memory serves me correctly around there but depending on the auction revenues. So so those are we're trying to estimate those forward looking. Um so those those would be able to be used for um um basically what the carb requires us to use for our our customer programs uh energy efficiency renewable energy and of course our SCCAP programs as well. >> Right. I guess what I was trying to figure out, there's very recent awareness of a likely increase in revenue from the GGRF, which comes from CARB's decision on the cap and invest. And so, has any of these decisions on what we're doing with our cap and invest revenue and putting it in the reserve, uh, has any of that been affected by the expectation of the increased money? That's what I'm >> That is a really really good question and sorry I didn't catch it the first time. So, but um that that's true. This is late breaking. We are at the stage of just making those estimates of how much money that's going to be. One of the items that we're committing to as part of the resolution tonight uh on the electric utility is to bring back to the council within this fiscal year uh report on our carbon neutral plan and also on our wreck exchange revenues. So, we can at that time bring forward any changes and the council could weigh in on any changes to the way that that program operates and uh that would be an opportunity to weigh in on the use of those funds and get an update on what those protections are at that point in time. But >> that's that's great. Yeah, cuz I expect it we might want to make some adjustments and it is very late breaking so I wouldn't have expected much change but I wanted to check and see you know where we stood on that. um um because it is quite a quite an interesting quite quite a change uh of plans in some ways with TGRF and and the Air Resources Board recent action. So, thank you for that. All right, seeing no further lights, um where are we on this? All right, we did the public comment. We didn't have any. We have the discussion. I guess we're just want I guess I'm ready for a motion. If there's a motion to approve uh the resolutions uh that have the rates and financial forecasts for gas, electric, fiber, and storm water management, I would entertain that now. >> I so move. Second. >> All right. Council member Rectal uh on the motion. Uh Vice Mayor Stone on the second. And when you're ready, Madame Clerk, please call the role. >> Council member Bert. >> Yes. >> Vice Mayor Stone. >> Council member Lou. >> Yes. Yes. Council, Council Member Liths, >> yes. >> Council member Rectal, >> Council member Lowing, >> yes. >> Mayor Vinker, >> Motion carries unanimously. >> All right. Excellent. Well, thank you very much, director and assistant director. Uh, and that will close out item two. >> So, now we will move on to item three. And look at that, we are on time. Um, I shouldn't have said that out loud, right? [laughter] [gasps] Okay. So item three, which is the adoption of ordinance adopting the operating and capital budgets and a whole lot of other stuff that's in your agenda. So tonight we will hold a public hearing to consider item three, adoption of an ordinance adopting the budget for fiscal year 2027. This item includes the following specific actions. First, adoption of the fiscal year 2027 operating and capital budgets, including the fiscal year 2027 city table of organization and the changes to the municipal fee schedule. [clears throat] Acceptance of the FY27 through 2031 capital improvement plan. Adoption of a resolution determining the appropriations limit for FY 2027. acceptance of the June 30, 2025 actuarial valuation of the city of PaloAlto retiree health care plan and fund the actuariately determined contribution for FY 2027 and 2028. Finally, authorize the city manager or designate to negotiate and execute a memorandum of understanding and funding agreement or lease amendment with the PaloAlto Museum for cost sharing of repairs to the basement and waterproofing in the Roth building and drainage improvements to Heritage Park. So, consistent with the conflict of interest rules under the California Political Reform Act, review of the budget will be segmented into two parts so that council member Louu, city manager Shicado Shakata, and I can recuse ourselves from certain Stanford related elements of the budget outlined in attachment C to the staff report for this item. The order of proceedings will be as follows. Staff presentation of the FY2027 budget. One round of technical questions from council. Recusals for Stanford University related conflicts. The remaining council members will discuss and vote on Stanford University related budget items. Then Council Member Lou, city manager Shicata and I will rejoin the meeting. Vice Mayor Stone will be in charge when I'm out back. [sighs and gasps] and then council will discuss and vote on the remaining FY2027 budget items. So with that, I will turn to staff. Welcome. I assume you have a presentation on tonight's public hearing. >> Yes, thank you. Uh good evening, mayor, council, members of the public. Lauren Lee, the chief financial officer. I'm excited to be here tonight to present uh the draft adopted budget and thank you for enumerating all the items and thank you for everyone especially the council who's in been involved throughout this process. Next slide please. So as noted there uh we are at the top of this process which is staff's presentation. Next slide please. Um so tonight we will summarize the finance committee deliberations and their recommendations to council. Also review the final balancing actions presented before you and other actions as listed by the mayor. Um and our goal is to adopt the budget and all the um other actions that usually accompany this annual process. Next slide please. This shows the chronology of the budget development process beginning in uh earlier than May, but it starts here in May and where we are tonight, which is the draft document for your consideration and adoption as the fiscal year begins July 1st. Next slide, please. This is a summary of the general fund budget. As noted there in the last column, the general fund budget is about $312 million. The citywide budget, which includes all the enterprise fund plus the capital budget, is about a billion dollars. Within the capital fund, we have a $1.2 billion 5-year plan and the 27 CIP budget, which council is asked to approve, is 316.8 million. The general fund BSR, which is our reserve, is projected to be at 53.7 million or about 17.2% 2% of our expense. Our staffing level will be about uh 1,089 positions. That is a reduction of 21.25 net positions uh because we're closing um a structural uh deficit. So that's about 2% um citywide. Next slide, please. Most of these um recommendations you have seen as of May 11th. Um I'm pleased to share that uh we city staff and the committee were able to rebalance the budget with technical adjustments. It's very important for us to preserve our services and also um move forward with capital investments. So with the technical adjustments predominantly around revenues we were able to rebalance the budget. What I will call to your attention that's different than what you saw on May 11th as a council is the uh office of transportation. You'll notice there we have one assistant engineer position. This is in uh an an extension of the part-time position that was slated for OSV, the oversized vehicle program. We're proposing a full position um that will also deliver other uh projects and services and programs related to OOT. So finance committee evaluated this staff reviewed it and it's bringing this back for your consideration. As noted there it is a leveraging 150,000 of OSV reappropriation already. So the uh fiscal 27 impact is shown there on the screen which is about 38,000. Uh future year funding will be yet to be determined which will be a variety of funding sources. Um next slide please. In total uh the general fund impact is 939,000 of additional appropriation. Again, as noted, um these have been rebalanced with either measure K or new revenues and or reductions of the net impact to CIP transfers. We mentioned in the memo before and we'll mention again, we're hopeful that um the prior year adjustments for sales tax will be favorable by 2 million. We have more than that set aside. Should that manifest, we are hopeful that our BSR will actually be about 55.7 million or closer to 18%. Keeping in mind our target is 18.5%. So, uh, wanted to call your attention to that because that is an important component of our fiscal sustainability and our fiscal strategy. Next slide, please. Uh, we like to have a look ahead. You know, in our annual process, we have a 10-year long range financial forecast. In our budget development process, we usually have a 2, threeear look ahead as we move towards budget adoption. As some of you may recall, this fiscal 27 budget had a projected general fund deficit of 17 million. So, we've done great work to balance it, most of which is using ongoing solutions. Um, as noted there in 2829, we still have some work ahead, but these are very manageable differences here of 1.7 and $3.2 million. So, great work to everyone who's been involved and certainly um um there will be some service impacts in areas. Um so, we want to be note we want to note that um that comes along with these types of budget reductions. Um however, very pleased with where we are today. Uh want to also note that um this does assume a certain level of partnership with PAUSD and cost sharing. Uh should those cost sharing not come through for a couple of important programs um those deficits could grow between 1.4 to 2.3 million depending on the level of gap um with that level of partnership. Again, these are um these are things we will revisit likely in December or February once we know more um as those conversations have yet to happen. Um in addition in fiscal 29 every two years we do our uh OPED study. So um in the last couple of studies there have been an uptick in expenses. We will bring that back in a couple of years and we'll continue to monitor that. Um, as far as you need to be concerned, um, the 27 budget implements the policy and implements the requirements of the actuarial report. Next slide. Um, the city encompasses many funds, enterprise funds in particular, as you noted in item two. Um, a large part of our, uh, budget entails uh, utility funds. And so before you are the utility rates um and this incorporates the action that you just took on um item number two. So this summarizes the approximate residential monthly bill impact for um the fiscal 27 fiscal year. Next slide please. Um along with the general fund budget, you will be um asked to adopt the capital budget, the CI 5-year plan, the table of organization, the municipal fee. I'm also very pleased that airport uh was able to make some substantial um changes to the fee, bringing that fund more in alignment with the ongoing cost. So, I want to really acknowledge staff for that work. Next slide please. OPE I mentioned every two years we do that actuarial report. Uh we did that earlier in February and brought that back to committee and have incorporated those obligations in the 27 budget. We're also incorporating it in the 28 outlook on the slide that I just showed you. Um, as noted by the mayor, um, we do want, uh, council to provide authority to the city manager to negotiate and execute anou and a funding agreement with the PaloAlto museum to provide cost sharing for repairs to the basement and waterproofing in the Roth building and improvements to the heritage park drainage. Um such dollars to a certain extent have been appropriated in the CIP by the finance committee appropriation uh limit or the GAN limit as a state requirement. We do that annually. We are well within those limits and it is your job as a legislation legislator to um also adopt that resolution. Uh last but not least, we have a letter of support from the planning and transportation commission as it relates to our CIP plan. Last slide. Um, this slide summarizes the draft motion that staff has prepared for council to consider and to adopt. Next slide, please, mayor. That summarizes staff presentation. Excellent. Well, thank you very much, Director Lie. Uh we uh now will have one round of technical questions from the council excluding the items in attachment C of the report that are related to Stanford. So colleagues, questions, [clears throat] >> Council Member Lou, >> thank you. I appreciate all the work. I think things are largely as I expect and as we've left them previously. Maybe one point I want to just confirm uh since this I was trying to find in my notes and it got bit lost was about the $2 million sales tax adjustment and implications of BSR. Um can you talk a little bit more about uh how that adjustment is otherwise uh incorporated into our budget? um was it an assumption that we had from the very beginning and also what the nature of this $2 million adjustment is. Is it a one-time deal or have some ongoing component? Uh so just a little bit more color. Uh >> sure >> would be helpful. >> Um apologies for the vaguess given the general confidential confidential nature of >> want a vague answer to this. Yes. >> Correct. Um so 26 budget at midyear um we did an adjustment which council approved. That adjustment had two components. A one-time component for what we call prior year adjustment and an ongoing base adjustment which would be a reduction of our base revenue for sales tax. The portion we're relating to tonight relates to the one-time adjustment. So um as we know more and as we work with the state that estimate is getting more refined and we're very hopeful that um we will have more available than we had originally thought. So this is favorable. >> Right. So, so this adjustment came in the process uh by which time we had already made all of the cuts and this $2 million is sort of uh newish news from the past month or so after most of the decisions have been made. Um and if we had known there was this $2 million before we could have made slightly different choices, but not very different choices because it is a $2 million only one time sort of adjustment. >> Correct. Correct. Correct. It's not a trend or a ongoing >> business activity change. Okay. Got it. >> No. And so at midy year we separated the adjustment into one time and base adjustment and 27's proposed budget for revenue already considered the new baseline for the sales tax. >> Yes. Okay. Okay. Thanks for repeating that part and I get it. Thank you. >> Council member Lowi. I probably should have turned to you first as chair of our finance committee. [clears throat] Yeah, these are more comments than than questions, but uh if you will allow >> Well, we're we're going to come back after the public for more comments, but if there's some >> I just want to get an overview where we are and and have uh our finance staff take a bow. Um this was a extraordinary challenge as you know going into it and uh director L and her staff has just performed extraordinarily as I said before. Um there is no now forecasted structural deficit for the year. It's a balanced budget and we didn't know coming in what we're going to have to do for that. Um and the services that are are remaining uh are substantially the same for our uh citizens. So that's just merits um attention and and notice. I said that just just as the the reporter walked out of the room. So, uh, [clears throat] but, uh, >> let you repeat it later. >> Yeah. And, and I'm also delighted to see on your timeline the little red badge that say it's tonight after all this work that we hopefully are going to do that. I just want to point out a couple of things. Uh, you notice the ad for OOT that plus one. And I really want to emphasize that because in getting a budget together uh it's possible that sometimes uh for good intentions in my judgment um and the committees um they can go too far in making cuts. And one of the things we said towards the end of the committee meetings is what what are we missing now that we really need to have for any of you to execute on core strategic items. And the item that came back after some uh came back literally we didn't do it that day but research was this item to execute on some of the things like the daylighting in parking that we were behind on and things like that. So um I'm pleased that we got a response like that saying I really do want a little bit more money in that area. Um because we want that too from our staff to say here's where we're a little short and here's what we can get done with it. Now evaluate that. So, um, I I salute staff for considering that, but also thanks thank the staff that did did make those cuts. [clears throat] Um, so o overall, you know, that's where we are. The other thing I wanted to point out, if you guys didn't notice that little bit of optimism there, we did find a half a million dollars in new estimates of projected increase in toot revenue. So when we talk about sales tax getting t cut cut and toot going up um it shows the the strength that we have from from multiple revenue streams and already we've been able to do that. Um and that wasn't just a fill-in because uh our director is too uh too honest for that. So it was it was real forecast. Um that said as you all know we can come back if something changes um because these are all estimates for everything uh on the revenue side. So, I'll leave it there and then come back for some comments. Thanks. >> Thanks, Chair Lowing. Council member Liths. >> Thank you, Mayor. And I echo the praise of my colleagues for your tremendous work and um and to my colleagues for on the finance committee for doing their part to bring that uh projected deficit way down. Um I wanted to turn to theou with the Palo Alto Museum. Um, I appreciate that the city is uh working with the museum on cost sharing for repairs to the basement and waterproofing um in the Roth building and improvements to Heritage Park drainage. We did receive a letter from museum leadership today raising a few more detailed concerns that um I wanted to address. Um the first is they're projecting that their costs are going to increase beyond what is currently known. And so the question is will the cost share um which I presume is a 50/50 although it doesn't say that in on this slide. Um will that share increase proportionately um as the full scope and any increased costs become known? I'll I'll actually read the the four questions that they had and then maybe we could address them. The second is could the would the city consider transferring uh funds as the work progresses rather than after the fact so the museum's not acting as a construction lender. The third is would the city wave building permit permit and inspection fees consistent with a unanimous council direction years ago for public private partnerships and would the city commit to an expedited cross departmental approval timeline uh to try to ensure that all of this work gets done before the winter rains uh come. So, this seems to be a set of concerns on the part of our partner of the Palto Museum and wanted to see what uh staff's thoughts were on these four questions. >> Um I think the technical response on the budget side is um we would be able to cost share up to the appropriation per the budget. So um and hence that's why we go through this budget process is to determine what we have the authority to spend. So uh we have 250,000 um that was appropriated from um a savings from um Mitchell Park Library project and then also we have about 75,000 that's available um in another fund that was designated that so we have the sum of those two. Um so beyond that we would have to come back for council authority >> and I'll add from there that our staff is working directly with museum and uh public works in particular in the lead at this point and as such we're comfortable that we've got sufficient appropriations to get us through the summer recess and if any further action is needed by the council that we can cover that after you've returned. >> Okay. So the takeaway for the museum should be that the city will figure it out that the 50/50 cost share even if costs rise beyond what has been appropriated through this process tonight that that's not a sort of a one anddone deal. I think they're very afraid that they're a little nonprofit and they're worried about being left holding uh more of the responsibility than they can accommodate. And I know we all have an interest in this museum being successful. That said, we're trying to reasonably and fairly appropriate responsibility for these additional costs associated with water. >> Exactly. I I would agree that the second part I I would not go so far as to say the um even the 50/50 has been fully uh fleshed out at this point. So that's really ongoing discussions, but again comfortable and confident that we'll be able to resolve this. >> Okay. Thank you very much. All right, seeing no further lights, uh we will turn to our public hearing. Uh and speakers, uh that have public comment on this have up to two minutes to address the council on all of the items related to this public hearing. So, Madame Clerk, how many speakers do we have? >> We have four requests to speak. Okay. Excellent. >> Our first speaker is Herb B. Thank you. I'm speaking on uh the item that uh council member Luck HS was mentioning which is the Ross building uh in the park. Uh I you know checked online uh this afternoon before the meeting and I didn't see anything posted on the agenda item uh that you just were talking about as to the details of the project and uh I don't know anyone else in the public who's seen that before the meeting. Uh I don't believe that you should proceed with this and I think you're moving this because uh you have received uh substantial money for the Roth building uh for restoration from the county historic heritage program. Uh that requires when the city owns the property that it be dedicated to Parkland. And the way to dedicate uh something for Parkland and PaloAlto is through a charter amendment that was adopted in May 1965, which is by ordinance uh following a resolution of intent to do that that ordinance. And we essentially made false statements uh to the county uh in each of three resolutions that uh the Roth building is in Heritage Park, which it is not. And the one where I was able to check uh the you know the packet material uh for the most recent one that included showing a a city zoning map that shows that it's included in Heritage Park. So you're given uh two reasons uh to go ahead and do it at the last meeting before a 9-week vacation. Uh the the first is by is by putting it here uh from that was amended by by the finance committee uh now at the very last minute and second by now getting uh some cost items from uh history museum. That's essentially saying oh we we just must do it now. Don't do it. Thank you. >> Our next speaker is Bruce G. Hello everybody. Great great to see you. Um I'm here. If you were to ask me five years or even three years ago that if I would be here in front of city council in support of the Pal Museum, I'd be scratching my head say me. Uh but I have to say that over uh what I've seen recently the city the new leadership of the of the uh the Palto Museum the board and the direction are doing I really see this as an inflection point for the for the museum uh really being part of a pillar in our community. I think it really adds a lot of positive things a real gathering point and it's something that we could be really proud of. is going to be a museum that's really in the new age. It's not I I really love how it's got away from the history part because it's both respecting the past but looking forward and I think a lot of communities would be jealous of to see of the vision that they have and how it's going to really uphold the Silicon Valley the can do the innovation that is beyond display for our community and those around it. So uh I have uh been totally converted and really want to support uh the museum and see the role that it can play in our community. In fact, Rotary uh Paltor Rotaries did a very generous grant in support of the museum just because of those reasons. And so uh thank you very much and I hope the your the continued support to make this come to life uh comes to fruition. Thank you. Our next speaker is Margarite H. >> Good evening, mayor and city council. My name is Margarite Gong Hancock and I'm a lifetime PaloAlton as well as the inaugural president and CEO of the Palton Museum. I'm really coming today with a full heart. I want to express first appreciation. You know, as being a new person in this kind of a role for a new institution has meant a tremendous amount since I joined the museum a year ago. to see the kind of collaboration that has come from city staff across so many departments, public works, public art, uh administration, planning, of course, the city manager's office, library, and others. And also, thank you to each one of you city council members. You have come to the museum. You have heard about our vision and plans. You have added your ideas. You've come to participate in our events, and you are helping make the vision and the plans better. So, thank you for leaning in and uh our whole board and I am thankful because the vision we have is really worth uh showing up for. Imagine uh walking in and seeing the story of Wan Bionis or I am PaloAlto with icons as well as unsung heroes where everybody has a place. Imagine walking to a gallery of seeing the life of trees in Palo Alto's innovative role in environmental sustainability or PaloAlto's role in movies. Imagine going to the gallery where community members have particip participated in their view of the future of PaloAlto at 150 in our PaloAlto 244. [gasps] So all of those things were moving forward uh to be a community hub, a place that holds our stories, builds our connections and inspires a better future by built by with and for the community. Uh and then in January, the water came in. The rains came down and the floods came up and not once but multiple times and we faced the wrenching challenge of moving our collections to safety, postponing our opening and delivering that news to our partners, donors, community members who have been working so hard along with us. So, it's been a a challenge. >> Your time is up >> and we want to thank you for all of that and the moments that you have now this time to support us in the ways that count for us to open our doors. Thank you very much. Our next speaker is Bill R. >> Good evening, Madame Mayor and other members of the city council. As I was walking up here, I just reminded it's been a while since I've been behind this microphone. I've lived here in Peloala for 67 years and just looking at uh you people I I think I I uh well I beat you by quite a bit. Um I came to Stanford and never left. Been in the real estate and healthc care business and uh that's been my career. I've actively supported the community through the PaloAlto Community Fund, the PaloAlto um Peninsula Open Space Trust, the YMCA, the Gamble Garden, Yusede Consery, and now the PaloAlto Museum, which I believe belongs as a pillar institution, worthy of civic investment. Margaret Gong Hancock, which you just heard from, is just an extraordinary leader. I know many of the board of directors hall quite capable people. They are all excellent representatives of our community. I've noted the name change from Pelo History Museum to Po Museum because it's more than just history. It's the whole community that is has existed for well over a hundred years. When I invest in the museum, uh I expect my gift to support the team, the exhibitions, the programs, the things that make the museum uh what it is to be. What do I expect if I asked being asked to fund a city park drainage system on or the waterproofing of a city-owned building? Uh infrastructure problems with documented roots going back 20 years. to cover at least part of drainage costs. Uh that are the city's responsibility and commit to a clear path. What I'm asking of is for the closing and funding gap as the full scope becomes known. >> Your time is up. >> Oh well, am I done? >> Yes. I got two just to expedite the um approval time the real dates construction finishes before the rainy season so that the museum can open. [snorts] Um let the donors fund the miss mission. Let the city fund its own assets. City has been long and coming your time >> well over 30 years. Oh come on. >> There are many missteps along the way. Okay. Thank you very much. >> Thank you. And that concludes public comment for action item three. >> All right. Thank you to our public commenters and thank you madame clerk. So seeing no more uh members of the public who wish to speak. I am going to close our public hearing on this item and so now we need to turn to the recusals. The California Political Reform Act requires city officials to recuse themselves from matters where it is foreseeable that the city's decisions may have a material impact on a person or entity that is a quote financial interest to that official and allows the cities to segment multi-art items so that the parts of the item that are the subject of the recusal are separated from the remaining parts of the item. This year, Council Member Lou, city manager Educata, and I will be recusing ourselves from certain Stanford related elements of the budget. Those elements are listed in attachment C. So, we will now each disclose our financial interests for the Stanford related items and then we will depart to the back until this portion is over. So, I will start. For the record, I have a disqualifying conflict of interest under the California Political Reform Act with the items listed in attachment C to the staff report, which are partially funded by Stanford University, which is a client of my law firm. Accordingly, I'm recusing myself from this matter and I will not participate in discussion on this item and will leave the room until the item has concluded. So, uh, council member Lou, >> I will similarly similarly recuse as my spouse works at Stanford. >> City Manager, >> and I will similarly recuse as my spouse spouse is employed by Stanford Healthcare. >> Okay. So, we will depart and you are now in the good hands of Vice Mayor Stone. >> All right. Thank you, Madame Mayor. Just let the record record reflect that. Mayor Vinker, council member Lou, city manager at Chicago have have recused themselves from and will not participate in discussion and have left the room. So we will now proceed with the discussion of the Stanford University related budget items. Are there council questions, discussion and action for Stanford related items in attachment C? See council RTO that for later. Okay. Any questions or discussion on Stanford related items? I see no lights. Is there a motion to approve Stanford related items for the fiscal year 2027 budget? >> So moved. >> Second. >> Great. >> Like to Would you like to speak to your motion? Council member Liths? >> Nope. Thank you. >> Council member Bert. >> No. Thank you. >> Any discussion on the motion? Seeing none, when the clerk is prepared, we can take the vote. Council member Bert, >> yes. >> Council member Lowing, >> Vice Mayor Stone, >> yes. >> Council member Lithnes, >> Council member Rectal, >> yes. >> Motion carries. 5 02 with council member Vinker or Council Member Lou and Mayor Vinker recused. >> Great. Thank you. Well, my power was shortlived, so I'll return the gavl back to the mayor. So, we'll wait until they come back. All right. Thank you, Vice Mayor. So, now we will return uh to council for questions, discussion, and action on the remainder of the fiscal year 2027 budget. Uh, Council Member Bert. >> Thank you. Um so I'd just like to follow up on my colleagues and some of the speakers on the um item that staff uh reported on on the uh expense on the Roth building. So first when we did discuss this at the finance committee and we were able to identify two prospective funding sources uh they were not uh anticipated uh as a cap on what the city might contribute and I just want to make real clear on that they were what we have allocated to date and so that that might have been um unclear but um the the committee did discuss that and and we were um clear that that was not the limit. Uh but there was we don't didn't have a number at the time. So those were identified sources. Then more broadly um I do think it's important to frame uh the issue. Um there's really become increasing enthusiasm about the museum as really a um a city asset um a destination uh a valued uh facility for our residents uh even a facility that uh staff has embraced uh for utilizing and um and I'm I'm especially enthused about the way the the the content ent of the museum is has continued to evolve and embracing and celebrating our multicultural history and and our technological history. Um so in that context um uh it is also a a city-owned asset and as I um have kind of looked at what are the the the issues uh that are involved with with uh the delay in their opening and the urgency that um this get uh resolved quickly enough so that um hopefully the the necessary um uh uh re uh repairs to the uh flood control from the park and the runoff that has come uh into the building from the park as well as uh the waterproofing of the building itself that needs to happen as quickly as possible. Um, and I also, as I've thought about it, um, you know, there's it's we've we've heard from donors that say, "Look, we're we've been contributing and are willing to contribute to really the the exhibits and the buildout of the of the building." Um, but I don't see any basis why the museum should have to share in the cost of repairing the runoff problems from the park that have been identified for 20 years. and are outside of clearly outside of their responsibility. And then that leaves the the issue of the um of the waterproofing of the building itself and um and those aspects. And and I'd like to hear my colleagues thoughts on whether that's what we should be sharing the cost on with the museum and the uh the city should bear responsibility for the the park costs. Um so I want to put that out on the table. Um and then um uh also we do have uh I think um uh a history of waving uh city inspection fees for nonprofits. So hopefully that could be part of the um of the uh ways in which uh these urgent repairs get funded. Other than that, I I just more broadly on the budget, I'm real pleased that uh we were able to um resolve what started as a a challenge in in um deficits um much through ongoing savings uh others through one time. and that uh our our sustainability of our budget going forward is not without challenges but is much more manageable than it appeared to be even months ago. So I want to thank staff for all the work that they had done um on on um really moving us forward in that regard. Thank you. >> Thank you, Council Member Rectal. Yeah, I I do I question the whole cost sharing aspect of the Roth building. Certainly the park, they had nothing to do with the park. That would clearly in my mind be 100% city. But even the building, I mean, this is Powto city property. There's nothing that they did that caused the problem. This was a pre-existing condition. And I don't understand why we're cost sharing at all. Like on any commercial lease, even a triple net lease, the landlord would be responsible for major structural issues. And this is a major structural issue. Can you talk about why why are we uh cost sharing at all? Uh let's see. Council member, I'm not sure how deeply you want to get into this. I I would note for the record perhaps just to correct a couple of things that you noted the city has invested about $10 million into the renovation which as scoped was expected to include waterproofing for the building. I would also note that the renovation included u modifications to the park area where there is drainage and so that was all a part of the scope of the renovation and so >> but they didn't design the park. No, but they did modify the area of the park that has been identified as one of the drainage issues. Uh this was used as a layown area for the building renovation and so as such all of the um the area adjacent to Bryant was uh a part of the scope. So I would also note that we have an existing agreement with the um museum and so any additional financial uh arrangements would need to be reflected in a amendment to those agreements. >> Okay. I mean but this is just not some financial counterparty. This is a partner, right? This is one of our nonprofit partners. And nonprofit partners do wonderful things for the city, but unfortunately sometimes they're not the most financially sophisticated. And it's just to say, "Oh, tough luck." That just doesn't seem to be the right message. They're doing something really important for the community and this is the most vulnerable time in their life. They're they're starting up. They're trying to come up with exhibits. They're trying to attract donors. And what kind of donor is going to want to come here and pay for uh updating the park? They would say, "No, I'm going to give it somewhere else. I'm not going to support the city of Palo Alto." So, I think we're really shooting them, really doing them a disservice by really sticking to our guns. I don't think that's the the proper >> Well, council member, just to be clear, I did not say uh we're either saying tough luck, sticking by our guns, any any of that. Again, my uh description in response to early question is that we're confident that we'll be able to work through this uh through the council's recess and should any further action be required by the council that that would occur when you return from your recess. >> Okay. >> Can I add to that as well? I think for some context um as uh finance committee member and council member uh Bert mentioned when we took this up back in May originally it was just the pro appropriation from the heritage park project which was about 77,000 and then as the conversation evolved we actually appropriated more towards this purpose which was another $250,000 from the Mitchell Park Library project savings. So in aggregate that's like 325 and that's only in the span of 30 days. Another aspect I want to add to this conversation for those that are not aware is we actually added this authority for council with the desire for us to move quickly. Right? We don't have a contract in place, but at the same time, we're looking for council to provide city manager and staff authority so we can move quickly as we can administratively recognizing that there are more unknowns than known. And in the last four weeks, we've been meeting with the museum at least once a week or every other week and been working with them very closely on this issue. Wanted to highlight that because this has really evolved and our partner with shshipip with them is really important. Um and as noted um we have enough here in appropriation to get through the recess period. Um and given the urgency and obviously the importance of this we will bring it back timely. >> Okay. Thank you. Council member Lowing. Yeah, >> actually Director Lie just addressed things I was going to ask her to to address. Uh a little bit of the history in the process [clears throat] and of course this all started with the fact that no nobody had estimates when we were in the finance committee meeting and so we had to just kind of press on and here we are tonight trying to approve a budget and we still don't have all the data. So, we just have to move on uh together with, you know, sort of D trying to do exactly what you said that I wanted to add, which is they want to open for all kinds of good reasons and we want them to open. So, uh staff is working on this. They're not sort of putting it on the back burner. Uh so, we just want that pace to continue and when we and we did identify those sources that you talked about. Um [clears throat] and and I'm I'm confident that you're going to you're going to get there. Are we intending one specific question though are we intending to get the final contract back to us for approval on the revisions here. It's more of a maintenance contract but not quite. So that's why I'm asking the question. Um I think um part of the question might be depending on if it's executed during the break it would come back as a ratification because tonight council is providing the authority to the city manager to enter into such >> Yeah. We just don't know what the total amount is yet and what the potential cost share is. So we have unknowns that we can't approve. >> That's correct. And and so you'd be giving me the authority to work those issues out with the museum as well as uh to make expenditures within the approval or the appropriations authority you're granting through the budget. >> Yeah. >> Okay. Thanks, >> Council Member Lou. >> Thank you. I was going to really make the same point as Council Member Lowing. I think there's still some moving pieces. We just got some information today. We want to be clear that we're a very strong partner. We want to reassure donors uh and we will get this done. But that said, we don't really know the numbers involved. $700 some odd thousands is potentially a lower bound or potentially we'll get more bids and a better understanding of the cost uh soon as well. And I think this does point to uh a larger need for a thoughtful approach on how we do city property leases. I know that's been discussed in pieces in policy and services, but uh the way we handle Gamble Gardens versus the lawn bowling club versus the Winter Lodge all have some different structures. And so we're creating we we've created another sort of special structure in the museum. That's not ideal, but I think um uh we should uh come back to this when we have more information. Um, I'll just make a couple of other brief comments here. Uh, I'll say that Canopy was a point of contention. We uh in committee revised the uh proposed cut to around $15,000 in uh uh of their budget from the original baseline of around $43,000. I think as we've sort of looked at the budget picture here, heard about the uh sales tax adjustments, I think I'm comfortable just squaring up Canopy um to their intended level uh because that is a relatively modest cost and that is uh investment in the city's infrastructure and the city's trees. Um uh I'll also just briefly note that I've been working with the school uh through the city school leaison committee in flagging the budget needs for uh track monitors and crossing guards. Uh the city's plan right now is unless it's changed, city manager, please correct me, is that we would uh basically fully fund and maintain the current level of service for uh crossing guards uh and track monitors until uh the midyear budget cycle, at which point we would really need an answer from the school district on um whether they're willing to also chip in. And then at that point we might have to make some hard decisions about what we do for the rest of the budget year andor what we do on an ongoing basis. Um uh so uh that's just how the crossing guard and well mainly just the crossing guard situation will be handled in the interim uh while we wait for a school district answer. Um uh so yeah, the I'll just bump my closing flag uh and see if there's any receptiveness for just squaring up that last $15,000 for Canopy. Um uh but otherwise, I'm really grateful for all the work. Uh got through a lot. Uh uh there's so much more we could talk about, but um I'm ultimately pretty happy with where we are. Mayor, may I clarify please? >> Two parts in your um comment uh council member Lou. One was regarding Canopy and the second is regarding the uh track watch and crossing guard. The way the technical adjustments are presented for you in your adopted budget is the full funding, no the full appropriation for both of those programs through June 30th with the assumption of revenue coming from PAUSD. Right. >> Should at midyear the revenue isn't shared that that revenue doesn't come then we would need to adjust the revenue. Yes. >> But at this junction from a service level perspective the appropriation in the draft budget assumes service through June 30th. >> Yeah. >> Okay. >> All right. Thank you. Um >> were you next? Yeah. Vice Mayor Stone. >> Thank you, Madam Mayor. And just also big big big thanks to director lie and your entire team for this. I know a incredible lift and things looked really bad many many months ago and I think we were all very anxious about what potential cuts we might be seeing in this community and what what you've done is is nothing short of brilliant. So I appreciate that and the and the faithful shephering of the finance committee. Appreciate all the work that was done there as well. I think most things that I was conser concerned about have been have been resolved. Um I know at this point it is challenging to even move a a small amount a small amount of money around. I mean I think in I think generally I'm supportive of of what council member Lou suggested as far as the canopy funding, but I know $15,000 even at at this point can be can be a bit of a a challenge. So if there was if there's Yeah. You want to speak to that? >> Sure. Um if the desire of the majority of the council is to um maintain canopy at the current contract level which is adding 15,000, we would just modify the CIP transfer by the 15. >> Okay. >> So that's how we would offset it. >> That's it. I would note that uh we are aware of other community partners that have expressed an interest in potentially providing funding to Canopy. So I think that there are um a number of uh conversations underway. Uh so again we follow the council's uh direction um but do want to share our awareness of that. >> Okay. Well that's interesting. Um, okay. And then just my my my next issue just to second what what council member Bert had suggested regarding kind of cost sharing for the PaloAlto Museum moving forward. I I think a cost sharing of the building makes sense when it comes to the to the park. I agree. I think the city should take on that that funding or at the at the very least I'm I'm interested to learn more about what the city manager said regarding a potential contributed a potential a trying to better understand to I guess what percentage of the kind of the damages are are are attributed to work that the museum did to the to the building. And so if it was I just throwing out a number 10% maybe then they take on 10% of that cost share for for the for the park. So I think we should be taking on either the full amount or if we can better understand that if we even know that I would support something along those along those lines and ultimately agree with a lot of what already has been said about the the the real potential of this of this partnership and I know staff has been working incredibly hard to be able to to do this and so I think your I think your proposal tonight was a reasonable one. I think we can just improve it a little bit to make sure that our our partners are able to our partner in the Palo Alto Museum is able to continue on the on the path when there's been a lot of um unforeseeable kind of disasters that have that have occurred that have knocked them off uh off the path there. So, thank you. >> All right. And I also want to add my thanks uh to staff uh for bringing this forward in this posture. Uh I echo uh what uh council member Lowing said that you know when we had our first look at this it was it was a bit scary and uh to see the work that has gone in to it not just since then but laid you were laying the ground work anticcedent to that and uh to show up in this way with this uh deficit reduction from not just the one-time cuts but the ongoing cuts. It's really uh encouraging and while we have more work to do in uh coming years, this is this is a really a great uh situation to be in tonight. So, thank you for that. I also want to thank my colleagues on the finance committee because I know you did a lot of work. Uh also, that's always a heavy lift and clearly from your comments tonight, there were a lot of good discussions that went on at the finance committee. Um, so with respect to the museum, I think it's unanimous up here that we're all delighted to have it in our community, understand its potential, its impact on enhancing the community, and know that it's in good hands with those who are stewarding it. uh currently um wi with respect to the the the park costs and the the building waterproofing. Um I'm glad to see that staff is working hard with the museum staff. Uh so I add my kudos for that and uh kind of align myself with uh council member Lou that we just need to know a little more but want you to keep it going so that we're not slowing them down while we're in recess. um to find a way to get through that time period and then we can sort things out when we get back in a in a way that's fair and uh make sure that we do all we can to see their opening come in a timely way. Um but I just think, you know, understanding a little more of the facts of the the what's going on with the the water um coming in from the park side and also a little bit more about the contract terms. I don't have any sense of what those are and how it should all sort out. So, but I would like to and I'd like to find a way that the city can can be supportive. So, I I am happy uh leaving that in your good hands now, although I would be eager to revisit it come August so that we can uh support next steps. Um I like the idea of squaring up Canopy actually because I think uh council member Lou makes a good point about the uh the infrastructure uh being essentially city infrastructure. Uh I do note uh city manager, thank you for letting us know that there are some people uh exploring perhaps uh helping them out. Uh would there be a way to check in at like the six month mark and see if those have come to fruition or if we could be of further help at that point? >> I'm sorry, mayor, could you repeat the question? Well, I'm what I'm trying to understand is I would like to let the uh the people who are looking at supporting Canopy, I'd like to see that play out, but if it does not play out, I would like to have another conversation about what we could do uh to to support that. >> Certainly, uh we can stay or we will stay in touch uh to uh find out what we can about uh third party uh philanthropic support. >> Yeah, I mean it's it's a it's a modest amount. So, we could just do it tonight, but I think it would be but given uh that they also aren't the only one out there uh with needs, I think it would be good if if uh some community partners stepped up to help us in this instance, given our deficit and given all we've done to reduce staff, etc., etc. Uh if that could be the case, that would be uh ideal. Um, and uh, our CFO explained uh, answered my questions on the track watch and uh, crossing guards situation. I think that's been clarified now in a way that I'm comfortable with. So, thank you for that. Did you have more to add to that >> for Canopy? Just to be specific, it could be brought back at midyear. Mhm. And I assume that with it being a modest uh shortfall on the funding from us that that would be timely hopefully. [laughter] All right. Thank you. That would be that would be helpful. Um that's what I have at this point. So I will uh move on to Council Member Lithcott HS. >> Thank you, Mayor. Um, on Canopy, I'll add that I uh was a part of that conversation that the city manager had uh where we became aware that there's potentially third party philanthropic interest in supporting Canopy. So, I think we're in good shape uh letting that proceed and we'll sounds like we're interested in covering the shortfall should it come to that. On the museum, um obviously I'm interested in the subject. I was the first one to speak on it. I I do think that we've heard um staff city manager has given us a little bit uh greater scope of understanding on the 10 million originally allocated toward the renovation and rehabilitation. And I would like to I think we've been heard as a council about our concerns about sharing and I don't think we sitting up here can come to a decision tonight about the appropriate um uh u allocation of the share. I think the arguments that the park should be ours and the building should be theirs make some sense and yet I don't know the overall um scope of uh the project financially and so um I am going to trust that we've been heard and that um in the over the break it sounds like staff and the museum leadership will figure out how to share this and so we can get this thing open. That's what we all want and we want responsibility to be allocated appropriately in accordance with who really should be responsible for what in a budget that's a over a billion dollars 312 in the general fund. I think we've said enough on this topic tonight. uh it has risen as sort of the bell over the ball in the budget conversation and I think I I hope staff feels you have a a sense of where council is and that um I certainly trust you to make the right decision about what this healthy partnership looks like going forward. >> Council member Bert, >> I'm prepared to make a motion if we're ready. Sure. >> Okay. So, I would first like to move the five uh staff recommendations that are on slide 12. Um and then with um a couple of additions. first that uh staff would um return at midyear or sooner uh to review um any whether [clears throat] there is any remaining canopy budgetary requests. um if that has not been resolved uh through donations. And then that the um uh on the museum project that first that um uh we uh wave the uh the permitting and inspection fees. second that we um that staff move forward with um uh a cash flow um uh support for um the museum's or for the uh repairs uh toward the museum so that they um are not asked to uh bear the burden that they don't have the resources to do on the cash flow. Um and um that we support the continued expedited process that staff is already pursuing. And then last, that we request staff to um uh that the city uh cover uh the expenses for the park repair uh to the extent that um it can be determined that um it is principally the city's responsibility and the city manager negotiate a cost sharing on the uh building repairs. Uh second and I don't think I need to comment further. Thank you. >> Council member Ectal, do you want to speak to your second? >> No. >> Okay. Is there is there discussion on the motion? Does staff have any comments on the motion? >> Just a clarification on fee waivers. We typically don't wave fees. It would be a reduction of revenues because these would be revenues coming into the city. So just to want to clarify that point. >> Is that how we normally do it when we've essentially wave them on nonprofits? it I think it essentially becomes a general fund cost for the the cost of the permits. >> So we don't charge the fees then >> right the city the city absorbs those >> and I should have mentioned one other thing um and my recollection is that the bulk of the city contributions were transfer development rights um and those are not actually city operating revenue. uh the city is a steward from receiving those um uh uh or or selling off those rights uh and receiving them. I can't remember how to describe the mechanism, but they're not out of general fund. Correct. >> That's correct. With respect to TDRs, I uh don't recall the specific uh breakdown among the funding sources used. Well, I suggest that we'll let the city clerk capture all of that and then we can take a look at it and see if there's how we're feeling about the language. >> Mayor, I do have a question in the motion. City Council member Bert, um you mentioned cash flow support as number two. >> Uh will you clarify that or is that just a general statement yet to be determined by the city? to be determined by the city manager, but the intent is to um uh to help support the cash flow on the renovation uh and repairs. Um so that the uh and and my understanding is the museum will in all likelihood be managing the the project and so uh we wouldn't want for instance the them have to shoulder the city's share of the cost from a cash flow basis. Okay. So, what I heard from this clarification is that this is general direction deferring to the city manager in working in partnership with the museum as we work through project management, go through the technical review, determine more specifics. >> Thank you. >> Thank you. Perfect. I think all of seven we can just say um uh related to the museum and then that first one would be one action. the do you follow what I was meaning? So seven is all about the museum and then that first sentence on waving uh the permanent inspection fees would be uh sub bullet one under that. Uh let's see. I >> think you meant five is all about the museum. >> Oh. Oh, we got two places. Sorry, I didn't pick that up. >> Five was what? Five is what staff had coming into today. >> Oh, I see. And then yours. >> So, this would all be under five, I suppose. Everything under seven would be sub bullets under five. Does that make sense? I >> I think if we move them there, we can sort it out. But six is separate. >> Yeah, >> Madame Clerk. Whatever the canopy one is, separate. Yeah, there you go. >> Okay, let's see. And I don't know it has to be in the motion that the last one was simply to continue the the uh expedit guided efforts to try to make sure that it's accomplished before the next rain season, but I know the city is already taking that to heart. >> Would you accept a friendly amendment? What' you say? >> You have to tell me what it would be. >> Well, I wanted to know if you were open to it before I even said anymore. >> I'm open to it depending on what it is. >> All right. I like that vibe. Uh I think you want the rainy season bit at the end of that big sentence. That is number five. So, it's to provide cost sharing for repairs to the basement and waterproofing in the Roth building and improvements to Heritage Park drainage um in an expedited manner to in to try to make sure that repairs are done prior to the start of the rainy season. Something like that. >> Sounds good. >> I'm good. Ask staff is does that give you the clarity you saw it? Do you have any concerns about Okay. [sighs] All right. Madame clerk, let me know when you are ready. Are you set? All right. Because I don't see any other f further lights. So, I think we can go ahead and take a vote on this motion. >> Council member Lowing. >> Yes. >> Council member Lou. Yes. >> Council member Burton. >> Yes. >> Council member Rectal. >> Vice Mayor Stone. >> Yes. >> Mayor Vinker. >> Council member Lithuhane. >> Yes. >> Motion carries unanimously. >> All right. Thank you. Well, thank you all for all the hard work that went into this. Congratulations on getting this far and we have ourselves a budget. All right. [sighs and gasps] So we will move on then uh not too far behind uh to our consent calendar which with the removal of item 18 is uh items 4 through 17 and 19 through 23 A and C. So give me just one moment to sort out my I think we all need to reshuffle for a minute. >> [sighs] >> Hold on a minute. Got the wrong page in front of me. >> Okay. So, madame clerk, is there any public comment on the consent calendar? [sighs] >> Yes. >> How many requests to speak are there? >> We have 18 requests to speak. >> Wow. Okay. Um, and an additional hand was just raised in Zoom. So, we have 19. >> Now, we have 19. Okay. Then we'll go with uh one minute for individuals. And there aren't any groups. >> Correct. There are no groups, just individuals. >> Uh, okay. in case any other more. Come on. Let's go with uh you think each go with a minute and a half. It's gonna be 30 something. Yeah, we'll go with a minute each. All right. Thank you. >> Our first speaker is David P. >> Is there a David P in the room? No. David P. Moving to our next speaker, Scott E. Hello. Um, I'm Scott Ellison. I'm an 18-year University South resident, and I'm also here on behalf of the University South and Professorville Neighborhood Association. We urge council to keep the SP79 item on consent and approve the half-size option now and without amendment. The people living in the these neighborhoods were never consulted and we prefer as much of the status quo as possible until the city meaningfully engages with us as residents. We stand ready to support our city council and staff and driving forward with this engagement and navigating this issue together. Thank you as always for your time and service. >> Our next speaker is William O. >> Good evening, mayor and members of city council. My name is Will Oler. I serve as chair of the Menlo Park Housing Commission, but I'm speaking tonight strictly as a private citizen. I lived in Palatoto for 6 years before moving to Menlo Park. For half of that time, I did not own a car and I biked and used transit regularly. Despite that, it was surprisingly difficult to find apartment housing close to the Cal Train. Eventually, I reluctantly had to buy a car in order to maintain the mobility I wanted. I believe that combating our housing crisis requires us to build much more housing. Housing near transit has many advantages both for the people who live in it and for everyone else who has to deal with car traffic. We should be taking advantage of the entire transit corridor on the peninsula. For these reasons, I am an enthusiastic supporter of Senate Bill 79. I called our mutual state representatives multiple times throughout the process to support it when it was under consideration. This is a bill backed by local voters, approved by representatives, and tailored to our area. The policy being advanced by Pala tonight is clearly not the intent of the law. It's a bold stretch to claim that you >> Your time is up. >> Our next speaker is Erica S. >> Hello. Um I'm Erikica Staer. I'm representing 414 California. Um, I'm here to ask city council to reconsider the urgency ordinance that's on consent. By approving the urgency ordinance, the city is asserting that housing is a imminent threat to public health and safety. This seems to conflict with the pro-ousing designation the city is currently seeking. SP79 allows for mid-rise projects, not highrises or mega projects that could potentially pro uh pose an unforeseen burden to city infrastructure. In the case of 414 California, it allows for a maximum of 44 units. This is the level of density that is needed to create a viable mixeduse project um at an important infill site on a prominent street in the city. If the ordinance passes, the project will no longer be financially feasible with the important retail and placemaking aspects that are critical to this location. Thank you very much for your time. Our next speaker is Scott LG. Uh I'm Scott Leven Gazenheight Lane use attorney Holland and Knight to here for today for 414 California Avenue also resident of the area for more than 30 years. The ordinance tonight asks you to find that transit oriented housing is a current and immediate threat to the public health safety or welfare. A current and immediate threat to public health safety or welfare month ago council approved a 14story tower. I know you didn't all want to but you did it. Um, a building half that height on the same street can't suddenly be a public health emergency when you didn't find one last month. So, I don't believe you can certify to the state that your utilities are adequate housing element and then tell the community today that the same housing is threatening your public safety. Both cannot be true at the same time. You're also applying for a state prohousing designation. Emergency decrees to suppress that same housing is not a prohousing act. I think HCD will see this for what it is. So, I'm not asking you to stop planning. I think there's a lot you can do on Calav, but I'm asking that you not manufacture an emergency today that doesn't exist on the record. So, please decline to pass the emergency ordinance. Thank you. >> Our next speaker is Scott O. >> Hi, Scott O'Neal. Speaking for myself, I want to suggest it's good to converge on SB79 densities faster where appropriate. To illustrate, I invite you to imagine two possible mixtures of additional housing in say 2034. If you allow SB79 to take full effect in the downtowns, that's apartment density midrises. So by 2032, we'll expect to have apartments built, not just built, but in place for years, gently used apartments on their second or third occupant, maybe not cheap, but cheaper than new. If we c if, on the other hand, we cap SB79 at 50% in our downtowns for 5 years, as M23 proposes, that's merely town home density. We might get we might get more expensive exclusive town homes. Any apartments in that scenario would be fewer in number, brand new, more expensive. Which mix should we prefer? The exclusive Palo Alto favoring the higherass town homes or the more affordable inclusive Palo Alto with gently used, more naturally affordable apartments, making room for our friends, workers, and loved ones who need that help the most. Please remove SB23 for consent. Negotiate some places. Thank you. >> Our next speaker is Jeremy L. Good evening council members. Thank you for your time tonight. I'm here to comment on the pro housing designation which PaloAlto forward is really excited that the city is seeking. It reflects the good work the city has done in its housing element and beyond in the El Camino Rail focus area in things to come like the San Antonio road area plan. I will simply note with my perspective as somebody who works in cities up and down the peninsula that there are other cities that have received the pro housing designation, Redwood City, Mountain View, just a skip and a hop away, a Cal Train stop or two that are looking at SB79 positively. Redwood City is letting the law go into full effect without any modification. Mountain View is doing a local alternative plan. We think that there's a way that PaloAlto can take the best parts of things happening in other cities and leverage this law to reflect the pro-ousing reputation that the city is building for itself uh into the future. So, thank you for your work. >> Our next speaker is Amy A. >> Good evening, Amy Ashton. Um, first of all, of course, thank you for the innovative alchemy rail focus area zoning, the GMR, the San Antonio Master Plan area. We have come a very long way in terms of housing. We all know this, but we still have a long way to go. And SB79 is a valuable tool to help us. Phz take years. Builder's remedy projects, which are more than half our pipeline, were a one-time thing. HIP isn't producing housing. the larger sites, churches, the Midtown Safeway, they are not converting. We need more units and SB79 is a valuable tool to get us there. Housing near transit is good for local businesses, the environment, and our community. I urge you to implement SB79 and let's really show what it means to be a pro housing community. Thank you. Our next speaker is Patty I. I'm I'm Patty Irish and I live at 850 Webster Channing House, an 11story building nearby. We have 200 independent residents who can walk to most of the services we need and we have 185 employees. Um, some drive as far as Stockton. You've heard that before. To work here by building density on Calav and University, you provide the opportunity for people to live near many services and all these services also need people to use them. Calab and University are key areas of Peloalto. It's much more costly effective for you to support building where much of the infrastructure is already there, not starting new. Please build up. Uh it's wonderful actually to live in a higher rise to take advantage of conserving land and reducing the costs. This will allow more people to work here and live here. >> Please respond with to the urgent need. Thank you. Our next speaker is Shaunie K. Good morning. I'm Shani Klein House. Speaking as a resident, no other hats on my head today. And on a different topic, in 2024, council approved several paving projects just like item nine on your agenda tonight. One of those was to pave around cir skirt around a water tower at Foothills Park. That never happened. Instead, a road was paved. A dirt road was paved between the water tower to Alexis Drive without any authorization and no way back. Once you pave something, it's paved. This time on your agenda, there is a trail next to Adobe Creek to be repaved. That's fine. just please make sure that the project is limited to that section of the trail and no further and at the existing width and not wider. And also as resident, I thought you made a good decision about SB79 and I hope you keep it. Thank you. >> Our next speaker is Joe F. >> Hello, my name is Joe Flity and I'm speaking as a private citizen. I moved here 18 months from 18 months ago from Columbus, Ohio. I just applied online for a job. I didn't expect to come out to California. I just have a unique background where I buy chemicals. And at Tesla, I would have gone to Austin, Texas or Palo Alto, wherever they sent me. And I'm just so lucky that I came to California. This is a great place. I really underestimated how awesome the weathers is and how many great people I've met. And there are just so many other people who want to move to Silicon Valley. This is one of the most economically dynamic areas in the history of human civilization. And we have the opportunity to build more housing where it makes sense next to transit. And it's just so many, you know, people that I've met are also under pressure from the cost of living. And I've met young people who want to start families and move away because the cost of housing is just really expensive and it's difficult for them to to balance both those costs and their jobs here. So, they've moved away to lower costs of areas. Thank you. >> Our next speaker is Leela H. >> Good evening everyone. Thank you for the opportunity to share my thoughts today. Um I'm a longtime resident of uh the Ventura neighborhood and I think SB79 topic should be uh come off the consent agenda. Um, I also suggest not delaying the full implementation of SB79 because the community needs more housing units that low and lower middle inome families can afford. That's more of an emergency than delaying it because it already takes a long time to build housing, so why delay it further? Um, I think a community that has residents from different income brackets is richer because we're exposed to more people with different life experiences, uh, such as young professionals who are just starting their careers, um, seniors looking to downsize and staff, um, at PAUSD and teachers. Um, so thank you for your time and I, um, yeah, I'm done. >> Our next speaker is Adam S. Good evening. I'm Adam Schwarz. I have lived in University South for 11 years, right next to Channing House with my wife and my kids. Um, thank you so much to all members of the council and for city staff for all the work you've been doing for so long, so hard to build more homes. I'm here to respectfully request that you take this item number 23 off of consent that we allow SB79 to go into effect at the very least in the neighborhoods we already know that we want to build more housing. Um so many of my uh friends have had to move away from PaloAlto because they can't afford to live here. Um my kid adult is living in my house which is wonderful but they would like to live in their own home which is currently um not an option for them because of the pricing. My mother um is in her 80s and needs to move to live closer to me and that is a struggle for our family financially because housing is so expensive here. We need more homes, especially near transit. So, please please uh take this off consent and let SB79 go into effect in the neighborhoods where we already know we want to be building more homes. Thank you. >> Our next speaker is Steven T. Good evening, may mayor and members of the council. My name is Steve Chang and I I've lived in Palo for 43 years. First, I strongly urge the council tonight to pull the SP79 urgency ordinance off the consent agent agenda. A decision of that magnitude which impacts so many people and and so many neighbors deserves a tr full and transparent discussion and not voted on silently as part of a package. That doesn't seem right to me. I chose to make PaloAlto my home and to raise my family because of the vibrant walkable neighborhoods, its treeline streets, and the promise of a forward-looking community. But today, our city is facing a real emergency. A severe shortage of homes for our teachers, workers, and lower middle inome families. They can't afford it. Instead of trying to delay and scale back the implementation of SB79 with a questionable and non-compliant ordinance, >> let's choose positive civic leadership and let's pull off consent and uh stop the delays and take an opportunity. Your time is up. build a great Palo Alto. Thank you. >> Our next speaker is Abby Y. >> Um, hi council members. Uh, I'm Abby Ye. I'm a master of laboratory animal science student at Stanford University, currently living on campus. Um, thank goodness the housing is subsidized because I tried looking for housing and um, I knew the housing market was pretty bad before looking, but like wow, it's really bad. Um it was like it was like 3K on average. Um and like my partner got a job at Apple and like that's considered a pretty good um paying job, but uh even that couldn't get her a um house. Um yikes. So um yeah, please take uh SB79 off consent and say yes to it. Thank you. >> Our next speaker is Jeff L. Good evening everyone. My name is Jeff Leavinsky and I wanted to thank you all for the hard work you did two weeks ago balancing all the different issues and such in order to come up with what's on the consent uh calendar tonight and I hope you vote yes. I'd like to point out that in we looked at some of the um options that were on the table earlier and one of those was to exempt uh properties on El Camino. That would include Town and Country. With the density bonus and such, we could not keep any retail at Town and Country. You are literally two weeks away from Town and Country being forever lost potentially as a retail center in this community. that would affect employees, shoppers, diners, school children who go there. It would have an extraordinary devastating effect in our community. Please vote yes on the consent calendar. Thank you. >> Our next speaker is Doria S. Thank you. And I agree with the um previous speaker about the potential disastrous loss of retail in the community. But I want to start out by thanking the mayor and the city council for their work on June 1st. And I also want to thank the staff for their hard work on SB79. Um you had a unanimous vote on the 1st of June um to pursue a totally legal option to compliance on SP79. And I think without going into a lot of detail and repeating things you've already heard that you should do the same thing tonight. And I know that a lot of community members will really really appreciate you doing that and will support you. and I know that they would join in with me and wish you a very very lovely vacation. Thank you. Our next speaker is Deborah G. I am astounded that this SB79 issue got put on the consent calendar. I don't know whose idea that was. That is just nuts. Um this is way too big an issue. Um I mean I'm not sure you all not to know know but property values in PaloAlto are dropping. I just bought a house in PaloAlto for 25% less than its appraised value and I sold my own property for 8% less than its highest value that was about 10 years ago. So property values are dropping in this city. Um uh enrollment in our schools have plummeted. you're cutting the budget and you know you took this amazing the city of Poto took this amazing vibrant economy and just went I think we like it the way it is to be residential and didn't build housing. You know this is like at some point this isn't just bad governments it is malpractice. >> Our next speaker is Haley G. Hi, good evening council. My name is Hi, speaking as a previous resident and current case manager for unhoused adults at the opportunity services center. While I support the city's application for the prohousing designation program, I would like to suggest improvements to strengthen the application specifically regarding the city's approach to working with unhoused individuals and encampments. I have observed firsthand how difficult it is to regain affordable housing after experiencing homelessness. When assisting these individuals in reapplying for housing, the housing they do qualify for can of wait list that extend for years. I've seen up to 10 years. Although I appreciate the city's investments and solutions to this issue, significant barriers persist to obtain housing and shelter. According to the shelter hotline, there's a current three to four monthth wait list for congregate shelters and close to a year for the home key sites. As a city applies for the prohousing designation program, I encourage the council to strengthen the application by demonstrating how Paul Alto will continue to expand access to realistic housing and shelter opportunities for unhoused neighbors. Thank you. Our next speaker is John S. John S, you should be able to unmute yourself and speak. >> All right, that concludes public comment on the consent calendar. >> All right. Well, thank you, Madam Clerk, and thank you to all of our public commenters. We appreciate the time you take to come down and speak with us. Um, so with that, I will ask my colleagues if there are any recusals or no votes or requests to pull uh on the consent calendar. There's a lot. Okay. Council member Lou, >> uh, I need to recuse from item 12, which uh, uh, involves relationship with Stanford. uh and my spouse is employed by Stanford and I need to recuse from uh item 23 on SP79 as uh I live within the SP79. I own a condo in the SP79 radius. >> All right. Thank you, Council Member Liths. I would like to pull an item and I wonder if the clerk can uh I'd like to pull 23A. Um because this item was initially agendaized as one item with four ordinances within it and now is three sub items. I just want to be clear that the I'd like us to assist the public in understanding which one I'm talking about. Do you have anything handy that shows what 23A is? If you don't, I can just >> or the city attorney might be able to. I don't. It's hard to put you on the spot. >> Okay. >> So, it item item 23A are would be the two temporary ordinances that council adopted at uh first or introduced at first reading on June 1st. So, one would be a temporary ordinance u exempting certain historic sites from SP79 and the other would be a temporary ordinance exempting other properties from SB79 and establishing development standards at uh 50% of the standard SB79 density that comply with uh with the standards in the statute. >> Thank you. And if I'm sorry to interrupt if I may. We do have a um copy of the materials in the back of the chambers for public display and review. >> Okay. Thank you. So I'd like to pull 23A. My reason is while I support historic properties being protected, it's been lumped in with the 50% overlay throughout the SB79 splash zone, which I'm very concerned about because it'll roll back our existing progress toward greater density in those areas. and I feel it's inconsistent with our quest for pro- housing designation which we're simultaneously going for tonight with item 7. >> Can I just remind uh our colleagues that we have the new protocol where you have up to a minute to explain uh any request to pull. >> Thank you. I would also like to pull item 23B. My reason, this is the urgency ordinance on historic buildings because I haven't been able to find anywhere in the record presented to us any emergency findings that warrant an urgent ordinance on historic buildings. Therefore, there's the potential that we're putting the city at legal risk by pressing a set of potentially really problematic findings. And finally, I would like to pull 23 C, the urgency ordinance on the 50% of SB79 overlay. My reasons are uh first this urgency ordinance will kill 414 California Avenue, a mixeduse multif family housing application with ground flooror retail which we all felt largely supportive of when it came before us in a study session. In fact, this council encouraged that developer. I don't understand why we are considering killing it. Second, there are credible concerns that our emergency findings for this urgency ordinance may be found to be quite problematic, therefore putting us at legal risk. Third, if we do this, we truly lose all hope of earning a pro housing designation. So, I believe council should discuss potential amendments to this ordinance. If some meaningful amendments are made, I will support it. Otherwise, I will vote no. >> Thank you. Uh, Vice Mayor Stone, >> I'll vote pool 23C. Council member Rectal, >> I need to recuse myself on item 23 due to my home's proximity to the San Antonio station. >> Okay. And I need to recuse on item 12 uh because of my uh law firm uh as Stanford as a client. And I would also like to pull 23 C for much the same reason that council member Lithu Hayes mentioned. Basically reflecting on the issues raised by public commenters regarding the interim ordinance that seeks 50% reduction in SB79 standards. I am not comfortable making the necessary findings that it meets the high standard for urgency absent any amendment. That standard says that there's a current and immediate threat to the public health safety and welfare. >> [gasps] >> I also believe that there would be adverse impact on our prohousing designation application and importantly the grant money it could unlock. All right. So I see no further lights uh with those three requests to pull. I believe that item uh 23 C is pulled. >> That that's correct. Mayor, >> you're right. and 23 A and B is not because there was only one request for each of those. So, um, what we can proceed to do is vote on the non-pulled items and then return to the pulled items. So, I'll let Madame Clerk manage all those recusal. I'll give you a moment. Madam clerk, I should have made clear that in the and asking to pull that I will be voting no on the ones that I requested to pull. Did I miss if there was a maker and a seconder of the motion? >> Oh, that's a good question. Would somebody like to move the consent calendar in the form that the clerk has put out here? >> So moved. >> Thank you. Is there a second? I'll second it. That was very delicately put, Madame Clerk. Thank you. [laughter] >> Council member Liths, >> yes. >> Mayor Vinker, >> Council member Rectal, >> yes. >> Council member Bert, >> Council member Lowing, >> yes. >> Vice Mayor Stone, >> Council member Lou, >> yes. >> Motion carries. Council member Liths, would you like to speak to your no votes? >> I think you were. >> I don't think I need to speak further to my no votes because I explained why I was pulling >> and I assume that with the item being pulled, we're going to figure out when to talk about that item, whether it's tonight or that's what I'm moving to next. I just wanted to give you that opportunity on A and B. So with respect to agenda item number 23 C, I would like to see us discuss it now because we this can't really wait until after break and I think having started with the reasoning, I would like to do that. Absent any objection from the city manager. >> No, no objection. Staff is ready to go when you are. >> Okay. And um I think because of the uh importance of this item that uh I believe that we should if we can't get it done in 10 minutes, we need to keep going until we finish it again because of the urgency of just getting a resolution one way or another for this item. So with that, I will open up discussion on uh item 23C. >> Can we get it posted? Can we get it posted on the screen? >> Yeah. And mayor, we might have an extensive discussion here. Should we have or break it before proceeding on a very substantive discussion that might take a while? It's already been added. >> I think let's let's go at it. Let's go ahead and see how we do. And if it just gets extended, we could take a break at that point. Um, >> and so I'm sorry, Council Member Lowing, what would you like to see on the screen? >> 23 C. >> 23 C. the one we're talking about now since every so everybody in the chambers can see it as well. >> Okay. So I guess what we're looking for so so the the the uh would you like the staff recommendation that we because it's basically the interim urgency ordinance with respect to the 50% reduction in SB79 uh standards. There's a two-page interim ordinance. Is that what you want on the screen or what what would you like? >> No, ju just just that if that's all there is. So, I just want everybody to know what we're >> I agree. This is what I was um getting at in uh referencing um something we could put on the screen and talking about pulling it perhaps what staff gave us when they told us it was being broken out into three. >> I have an idea. Why don't we put the uh revised agenda item? That might help us. Would that satisfy you? Okay, great. Thank you. Thanks for raising that. I think we can delete A and B there. Or do you want them all there just for reference? Which was your preference? Yeah, that's what we're talking about. Okay. All right. So, with that, let's return to council discussion. Uh, Council Member Liscott HS, thank you. Uh, I appreciate that we've pulled this because I know how much work went into the SB79 um ad hoc effort uh to address the state law and figure out its appropriate and best application in our city. Uh, it was late. Uh, we made some decisions. incredibly late at night and uh I appreciate we're having an opportunity to u make sure we're making the right decision. Uh my concern with this urgency ordinance on the 50% uh overlay over these transit oriented development sites articulated by SB79 starts with what we're doing with 414 calab as I initially said when I pulled um I want us to think hard about why we're adopting an ordinance that's going to block an application that is in the main something we felt largely supportive of even if we had some aesthetic concerns and more broadly looking at Calav everybody on council has really agreed that there needs to be housing development there, more density. That's where we want to encourage dynamics mixed dynamic mixeduse neighborhoods. So, I'm concerned that we are considering adopting an ordinance that prevents that from happening, at least temporarily. And legally, if we get in a position of having to defend what we've done, we'll devote money and staff resources to defend the temporary interimm ordinance that is blocking something that is something we want to see happen anyway. My second concern is legal. To justify an inter emergency ordinance, this council has to make findings that there is a current and immediate threat to the public health, safety or welfare. I have seen I have found no evidence presented that would allow me to make such a finding and if we nevertheless go forward. Public commenters who have written in have suggested we may be putting the city at substantial legal risk and it is our job to protect the city from that risk. Third, if we make emergency findings to warrant this urgency, it is highly doubtful we'll get our pro-ousing designation that we just approved in item 7 and we set our housing reputation back again. Fourth, if we carve out some streets from the SP79 splash zone like Calv, like the El Camino Rial focus area, like University A, like San Antonio, we're not going to get a massive influx of developers in this July 1st through 15th window. nor are we going to get proposals in R1. Why do I think that? Because we had the builder's remedy in effect for a year and a half and we had 10 projects and none were R1. Just the two weeks gives time for those who are planning to submit like 414 Calv and a property in the El Camino Riale focus area which apparently they want to file under SB79 because it allows more units of housing than the focus area. and then the window will close and it will take the steam out of those alleging that they may sue us. So what it comes down to for me is I feel I can only support this interim urgency ordinance if we do some carveouts like Calav and elsewhere and also if we augment the language in our late night June 1st motion to ask staff not to just explore within 6 to 12 months but to return to us with a plan to revise zoning in these areas. I feel it is imperative to give staff clear direction on next steps. So those are the main reasons why I'm interested in this conversation happening again and I hope we can reach a compromise tonight that is better than we came up with on June 1st. >> Right. Thank you. And I just want I think to clarify further sort of where we are to set the stage for this. Um, so we just approved two temporary ordinances that will become effective on July 16th. Uh, that exempts historic sites and, uh, reduces the, uh, SESB79 standards by 50%. Starting July 16th. We also just passed an urgency ordinance that exempts historic sites starting now. Um, so that would be effective on July 1 when SB79 comes into effect. Hopefully, Mr. City Attorney, I didn't screw any of that up. [laughter] >> [gasps] >> Um so where we are now with this interim urgency ordinance uh on reducing the SP79 standards everywhere um uh starting as soon as it would pass. It would need four votes to pass whether in the form it currently exists in in the staff report or in an amended form. So we could pass it as is, amend it or reject it. If it does not pass in any form, SP79 will go into effect on July 1 for uh with uh without those reduced standards for those 15 days. So if it does pass in in in some form, it would be effective upon adoption. I just wanted to sort of set that out as parameters for this. With that, I will turn to Vice Mayor Stone. >> Thank you, Madame Mayor. And I I didn't explain my my reason [clears throat] for for pulling. I figured I'd hold off now. Um, so I think so for me upon further review I've concluded that the draft interimm urgency ordinance implementing SP79 50% option just contains a fundamental flaw that I can no longer support. And specifically section 1J of attachment D states that's our right. So, in our in our draft ordinance, the reasoning for the the urgency that we would be stating in this draft ordinance is that the city council finds and declares that the impacts described above present a current and immediate threat to the public health, safety, or welfare that would be realized by approval of projects under the standards set forth in the government code. But then the very next sentence acknowledges that there are no pending project applications that would be affected by the ordinance and that the ordinance would not deny approvals needed for multif family housing projects. So to me, these findings are just difficult to reconcile. On the one hand, we're making the extraordinary declaration required for an urgency ordinance that there exists a current and immediate threat to public health, safety, or welfare. Yet in the same section, we acknowledge that no such immediate development pressure presently exists and that no housing projects would be would be impacted. I'm concerned that we're effectively asserting the existence of an imminent threat while simultaneously acknowledging that the circumstances giving rise to that threat are not actually present. I don't believe the record before us supports making that finding. I do want to be clear though that I do believe the underlying rationale behind the temporary non urgency ordinance that we have already passed is sound. I think unplanned and unmitigated development of any kind can create significant challenges when infrastructure and public services are not adequately prepared. If fully maximized, the development potential enabled under SB79 could place additional strain on existing wastewater capacity, public safety services, transportation networks, and other critical infrastructure. And I think those are legitimate planning concerns that I that I support. So absolutely welcome Councilman Lift with Scott Hayes suggestion that we provide additional clarity to staff on a on a more aggressive time frame on when we can when we can see those uh those plans and strategies for increased density in some of these um in in some of these areas. So for that reason, I continue to believe that pursuing the 50% TOD eligible parcel approach while simultaneously accelerating those planning efforts is the most prudent and balanced path forward. But while I support the policy objective, I do not believe the legal findings necessary to justify an urgency ordinance are supported by the facts before us. and therefore I can't support the proposed urgency ordinance as drafted. Thank you. >> All right. Thank you. And uh I agree with my colleagues that have spoken so far that uh on the legal side that because we have to meet the heightened requirement to pass an urgency ordinance, there is increased legal risk in order to cover those 15 days. But just speaking practically for a minute, I think there's pretty low risk that we're going to get a slew of applications in that short time. We know of the one that's likely 414 California. And so I just want to talk practically about that for a minute because we did have some concerns about some of the specifics during this study session, but I recall us being excited about the prospect of housing at that site. And I also recall the architect saying it wasn't that our concerns weren't anything that they couldn't address. So in addition to what council member Lith said, um you know when I look at it just from the practical side, the biggest issue that I [clears throat] remember was um when we did our pre-screen on 414 was applicants interest in shutting down Mimosa Lane. And I don't believe anything about this SB79 decision is going to affect that one way or another. So in other words, I believe we do retain control over that right of way um regardless of if uh this passes or not. Um so you know net net I believe that our legal risk outweigh outweighs the risk associated with having one or maybe a couple of applications that get filed in that short window. Um so you know I believe that that risk of the risk of passing the urgency ordinance outweighs the risks of not passing it which include uh so if we pass this we we do we risk our pro housing designation application. We risk loss of interest by developers upon whom we rely to build homes for our community. We risk expending legal fees to make our case. We risk paying the legal fees of the opposing party if we lose. HCD could step in if they have concerns about our ordinance, which would put us in an adverse posture with them, uh, at a time that it could affect our other dealings with them. Um, so, you know, for me, um, this is something that, uh, I just can't, uh, see passing as is. Um, now we we we're going to need four votes either way. Um, I I'm willing to discuss some carveouts uh for this uh if we want to do that instead. Um, and then I could might be able to get behind it similar to council member Lithcott HS if we are clear in our direction to staff. Uh I noted in the staff report that we talked about that was trying to capture what we talked about last time about what we would do in the next six to 12 months to get a more granular look at zoning. Um it said that they will uh explore opportunities to accelerate housing production on California Avenue and adjacent areas of ECR. Um I would definitely want to add and bring back to council a proposal for zoning revisions to affectuate such production in that time period. we we need to see it come back so we can act on it. Um so you know if we put something like that in there um uh and uh we carve out uh areas that we could agree upon um I would entertain a conversation around that. >> Council member Bert. >> Um so we really have before us two issues as the vice mayor laid out. Um one uh is a question on legal findings and the other is really planning policy and um and uh what we look at on sound community design the impacts of development um and related matters. I'll just note that uh setting aside for the moment uh the legal issues um when we've done the major upzoning uh that we have already done to uh u incentivize the over 6,000 housing units in our uh housing element. We've created a a area plan for the south San Antonio area. We did considerably considerable um uh looking at impacts on transportation, biking, safety, uh uh uh infrastructure on um the El Camino uh focus area. Um we've initiated our downtown housing plan, um which embraces transitoriented development and does so in a thoughtful, deliberate way. Uh so what was proposed um previously uh at our last meeting would have just arbitrarily thrown out any of those kinds of um well-designed considerations. Our our issue before us right now is more narrow. Um I I do want to say that uh when 414 Calav came before us, yes we all supported in principle. We had certain different uh design and impact um feedback for the applicant, but it was not dependent on SB79. That project was going to be coming back to us based upon other zoning incentives that we're offering. there was no discussion of SB79 at the time and our support for that project was not contingent on SP79. So that's just not accurate. Um so um I also uh want to point out that some of the other considerations uh one of the things that some of the members of the public were talking about is the uh the unconsidered impacts of if we had gone forward with uh the proposal of two weeks ago uh on potentially very significant loss of retail. SP79 is designed to be coupled with SB 330, which allows um uh additional um housing uh u uh uh waiverss and that in could include eliminating city requirements for ground flooror retail whether at in Calav University or uh town and country. Um and then I do want to also note that within that proposal was um inclusion of uh Elma. Um and along Elma in the area u uh within the half mile of the Calav train station is a good portion of our market rate affordable housing. Meaning it's not deed restricted but it's 70 years old or so. it's uh rental rates are low for our city. Um but SP79 would not count that as existing affordable housing that needs to be replaced. So we would have the 13% of affordable housing in SP79 which may not even offset the existing market rate affordable housing which is the true missing middle that we have struggled so hard to have in this community. Um and then um uh I just want to note that on even on the issue of 156 calav um uh the um uh Molly Stone site, we looked at impacts for over a year on that and that sort of consideration is the very sort of evaluation that we will be looking for to come back when this returns to the council. So we make good sound judgments on where we do want to upzone in these transit oriented development areas. The representations by members of the community um uh that somehow us looking at doing this in a deliberate manner means that we're against transitoriented development is false and it's demonstrabably false and we will continue to show that it's false. Um, so I would really hope that the public would not misrepresent the extensive actions and positions that this council has taken nor the impacts of what is being considered. So, um, I wanted to put those um, uh, facts on the table. >> Council member Lowi. >> Yes. Thanks. I want to make a couple of general comments first. Um, as we we noted two weeks ago, you know, this 50% now is offered within the law. This is not something that's illegal or sneaky or anything else. Um, it's there intentionally to give us time to look at an alternative plan should we choose to do that. And that takes a lot of time even if we had staff sitting around doing nothing. And we don't have that. So the reference to, you know, Mountain View is doing an alternative plan and they chosen to do it. That's part of the analysis that we would do to figure out if we want to do an alternative plan or not. We may not need to because we're also doing the downtown housing plan which might get us there and then we don't have to do anything. So, um that's exactly what this is supposed to do. Implementing this thing at 50% doesn't change ultimately SB79 at all. I'm also concerned that the narrative on the this whole thing of SB79 is talking about all this affordable housing that we're going to get for the missing middle middle the lower middle income my kids can live here and all that. Uh as was just noted it's usually about 13% maybe we can get some of it to 15%. Some of the projects that we have were getting 20 20 before the state law came in and they went down to 13. So I I just don't think that that's dealing with reality. I think you're going to have 85% market rate in most of these in most of these projects, which is just the state. I'm just stating the facts here. Not a preference for for for us at all. Um I also stated last week that something like 414 calv um has alternative ways to move forward right now and mentioned that to to the developer after the meeting. Um one is PHC. there's no reason it has to be slow. And so 44 unit project could could work just fine. Um and with respect to new zoning, I I certainly support that. There are areas of of uh California Avenue and other areas that we know we're going to reszone. So, the issue is just how can we pace all this stuff at once when we feel like we're in good shape relative to the arena numbers that we're working through our planning department to get to get up and running. [clears throat] Um so back to this specific here in in this this window period of the um ordinance that's cons of concern here. Is there not the opportunity in those numbers of weeks to get a number of applications or are we just I think the the mayor mentioned that statistically we're probably not going to get those. Um so we don't we don't have any guesstimate of that. We're just saying that's probably not going to happen. >> Are you asking staff? >> No, I was asking I was asking you first just because you you came up with the conclusion. Oh, well, we usually don't have coll back and forth, but um I I I wouldn't expect it. I mean, there's 30 days from tonight to pull that off. Uh they would have to file in the 15-day window preapp, but I don't know. Um but uh >> Okay. So, the related >> I'm not aware, I guess, of more than uh well, I mean, I you can ask the the housing uh staff what they're aware of. Are they done with the director late? >> Your question is how many applications do I anticipate are going to come in if the intermance doesn't >> I think the mayor just changed it to how many are you aware that are coming in? [clears throat] >> I I I don't know that any are coming in. Nobody's spoken to me. I heard the discussion >> of 415. We have other pending applications that have come before the city either in terms of pre-screenings for PhDs or uh have filed applications that could convert within the radius. >> Okay. So the only implication by what you said the only implication for not doing the uh urgency ordinance is that we might get a few more applicants in that narrow time frame of a few weeks. Sorry, I missed the first part of your your question there. >> If the if we did not do the urgency ordinance is the only implication for that compared to where this was before this item was [clears throat] pulled, excuse me. Um is that we might get a few applications in that time frame? Are there any other applications, any other outcomes that could come up here that we should be aware of? That's the only reason I'm asking the question. Yeah, I I I haven't done an analysis of what applications may be in the queue, what owners I don't know how significant of a of an issue it would be. There's there's a few that I could think of that could probably turn over and file a pre-screening application under SB 330 even if it's not fully formed. >> Yeah, I I was asking if there's anything else besides that. So, it's been established that some other some other people could come in. I get that. Is there anything else or does the city attorney want to say that there's any other outcomes that we should just as as we make the vote if we should just consider anything else? >> So, so coun council just adopted the the temporary ordinance on the consent calendar on the second reading. So, that that ordinance will take effect on uh on uh July 16th. So, so you what you're talking about now is what to do in that period between July 1 when SB79 uh takes effect and uh ending on July 15th. >> Okay. Thank you. >> Since you did ask me that, might I just jump in and point out that >> Sure. >> in the uh year and a half that we had builder remedy projects available to be filed, we got 10. So this is 15 days. That was a year and a half. I don't know if that's indicative, but it's sort of benchmark. >> I'm just trying to turn turn over every stone just just to see what the outcomes are making this change because it was in before by staff. And so that's that's all I'm asking for. >> Certainly. Um, council member Liths. >> Yeah, I just want to respond to some of my colleagues comments. Um, you know, I know we all want to get our um our arena numbers accomplished and we are penalized if we don't. And um, you know, and we look at where we are and how long what it's going to take to get us there. I believe we could have trouble meeting our arena without SB79. Um, I don't want to see us get to 2032 and not having met it. And then I think if we don't meet it, then the builder's remedy can kick back in. Um, and when we get to 2032, SB79 will be fully in play. Um, and then we may have our single family neighborhoods more at risk because the density will have to be spread out at that point. Um, so I kind of see this as a tool to get us toward the 6,086 unit goal. Um, what I understand about SP79 is that in terms of the affordability, um, first of all, local inclusionary ordinances are not superseded by are not preempted by SB79 as I understand it. So we our local inclusionary still stands and what it does is it increases allows for an increase in floor area ratio and dwelling units per acre but not height which means you end up with squatter more compact buildings with a greater number of units which ought to be more affordable. Um and as I understand it SB79 can't be used to displace renters. It can't be used on a building that has that has had at least three or more rental units and uh where those units have been rented out in the last seven or eight years. So, I don't see it as displacing renters in these sort of naturally affordable uh buildings you're talking about. And again, as I understand it, and I'm not an expert on this, um, it will create inherently more affordable buildings and at a height that we want. We don't want the 85 fts. We'd rather have the 65 foot with uh, greater density in terms of the number of units within. So, I see it as more attractive. And that's why I'm interested in some carveouts, just a few streets like CalF where we could say, "Hey, we all know we want to liven up this street. We all know what it has the potential to be. We need more housing there. We've talked about um a mixeduse zoning situation there for some time. Let's honor that commitment to Calv and maybe to a portion of El Camino. like I started out two weeks ago with a whole lot of streets and I'm pulling back from that, but I'd like us to end to land on a couple where we can commit that SP79 as written will take effect. >> Council member Bird. >> Yeah. Um just one item. uh director late uh council member Lithcott HS um asserted that SB79 would not increase our heights. Two weeks ago, we had an extensive report and a table showing what the impacts would be on floor area, uh units per acre and height. Can you refresh everyone on what the impacts would be on height? Um I'd have to pull up the record, but it's in the neighborhood of 65 ft, 75 ft, and I believe 85 ft as you get closer to the concentric center. >> Yeah. So, uh quite nearby the um uh stations, it went up to 85/4 mile, it went out to 75. And our existing zoning in those areas uh where there's height is what >> varies by zone but the highest is 50 in the downtown area and less as you >> and then it goes to 65 ft even in R1 neighborhoods uh where we have a 35 ft height limit. So the claim that it doesn't affect height is far from accurate. I think what I'm doing is comparing SB79 to the El Camino focus area where we're looking at 85 ft. >> But that's not all where the only places it would apply. >> Well, I'm not asking to undo your 50% entirely. I'm saying keep it in place to protect R1, but let's carve out a few places in the city where we're comfortable with SB79 taking full effect. Yeah, that was the intent of the referral to the planning commission is we would do exactly that, but we have a more narrow decision right now on this motion. >> Right. And so, so >> I want to just mention a couple things and I'll come to you, Council Member Lowing, uh, and then to the Vice Mayor. Um, so I don't know if I was in artful in how I stated things or what, but um, Council Member Bert, when you were talking about somehow 414 being dependent on SP79, I don't recollect saying that. If I did say that, that's not what I Oh, okay. Because I think it's just that the 50% reduction would be a problem. Okay. Um what I wanted to say is that um I because I don't I may not have made it express when I explained why I wanted to pull um but you know if we can get this amended in a way that we're comfortable with it uh and uh in the two ways I mentioned before that would be of interest to me but if not I would join council member Lithkot HS in voting no on this. And so that is so if if if you're interested in not having two or I don't know if there's three no votes in order to get something passed, we should be talking about that. And I believe Council Member Lithcott HS listed several carveouts that she was interested in. And so, you know, if there's interest in that, fine. If there's not, I think we're left. We know where we're left. So, I just wanted to make sure we're understanding where we are in the conversation. With that, I'll turn to Council Member Lowing. >> Yeah. So, that's [clears throat] exactly what I was going to come back to. Um, further discussion the other night, you know, there there's there's time to do a new look at other other zoning, but that's not at midnight and it's probably not tonight. But what I I think I'm hearing you you saying is that if you got a fourth motion, sorry, a fourth vote to eliminate the urgency ordinance, then then we're done because that goes away. >> What what I'm saying is if if you don't get four yeses for this ordinance, it goes away and SP79 comes into its full force in effect for those 15 days. >> But I'm trying to put it in a positive mode. If I become the fourth vote, is that are we done? Yeah. [laughter] >> Okay, then that's what I'll do. >> I'm sorry I misunderstood you. Thank you for clarifying >> because this is the this is the thing that's the hot button for for some folks. I I don't see it as being material as it's been explained uh by staff. Uh and it doesn't obviate any decisions that we make in the future about putting up uh other buildings of of any height. Sometimes 75 feet is great and other times, you know, that's not. So that's exactly the kind of thing that we need to take time to do is figure out where that best goes and where it fits in the context or where we want to create context like like down in San Antonio area plan. Um, so I think that's I think that's the way to go. So I'll do that. >> Vice Mayor Stone, do you have more to say after that? No, I mean I I I had initially put on my light just to kind of refocus back to because I think we were starting to kind of relitigating what we had just passed for the temporary ordinance and I don't think that's appropriate for what we're what we're doing here. I guess maybe then just a procedural question for staff to as far do you need a do you need a motion that we're like withdrawing the urgency ordinance because my just understanding is there's no four yes votes it just it it already fails. >> So there there there's a staff recommendation. Uh there's no requirement for council to move that recommendation. Council can shape its own motion. uh whatever that motion is, whether it's staff recommendation or something else, needs four votes to pass. >> But I think >> just yeah, just to just to clarify. Yeah. So, so without a motion that then that then nothing happens and the um the situation we were explaining to council member Lowing remains in force which you know basically there's a a 15-day gap where um SB79 would take effect to its full extent through all you know all three transit oriented development areas. >> So the motion vice mayor would be the three things that you want and not the urgency ordinance. We just wouldn't mention the urgency ordinance in the motion and the other three would be in the motion. >> Just just to clarify that if if for for that you you would have to make you know um urgency findings today to adopt something that takes effect uh immediately. You know the absence of those findings you know we would be in the same situation as you can't have something that takes effect immediately. >> Right. But is that different than what I [clears throat] just said that you would just take the three that are there as opposed to all four of them because we're voting against the fourth one? >> When Sorry. When you're saying the three, do you mean the three that have already passed? >> Yeah. Oh, yeah. Yeah. Okay. >> Oh, yeah. No, I'm sorry. I misunderstood you. So, yeah. So, you So, so, so you do if you would need if council wishes to act today and have this ordinance take effect before July 1, that's that's not what you want to do. So there there have been there have been three ordinances that have that have already passed. If you if council does not take action now th those those three ordinance are passed. Um the the urgency ordinance that council just voted on takes effect now and the two that um uh you voted on the second reading will take effect on July 16th. >> Right. So we don't have to vote separately on this item at all because there's four opposed. >> We don't have to. Um, I would like a motion just that we uh direct staff to bring back a proposal for the zoning revisions that you want uh in in that 6 to 12 month time frame because right now it it just says that they're going to explore opportunities. So, I think it might be nice to set clear expectation that they'll come back so that we can have the granular conversation >> which was similar to the first motion a couple weeks ago >> or we were asking them to come back. it but it's but it's not with respect to any of these ordinances right it's just yes it's just that let me gently say that I didn't think what I read in the staff report was as strong as what we discussed because it didn't mention coming back and I just would like to make that clear so >> director late is that do you have that no okay [laughter] I'm going to leave this one alone all right um which of you were I didn't see whose light came on first or is >> Oh, no, that was my >> That was your old light. Okay, Council Member Bert. >> Yeah. I I just want to make sure I understand, Mayor, what you're proposing. Uh if we don't have four votes in support of the urgency ordinance, it simply dies. If we were to adopt whatever amendments you're asking, uh it wouldn't be in conjunction with the urgency ordinance. the urgency ordinance it would be instead of it. Correct. >> It's adjacent. I would say so. No, I I I think >> adjacent. I don't know what that >> right. Exact. I'm trying to explain. Um, so I can drop it all together because we've we've we would have moved on uh the the the main thing before us, which is the interim urgency ordinance would be by no by inaction would not come into effect. What I was suggesting was that it's within the scope of this item if we wanted to be clearer on when staff comes back to us. Um because I think that's still just going to happen. That was separate from these ordinances that they're going to come back. Um I'm sorry that they're going to what it says right now is explore opportunities to accelerate housing production on Cal a and adjacent areas of ECR. And all I wanted to do is make clear, but but honestly, if director late here and hears us, I we probably don't need a motion, that after they explore the opportunities, they would also bring back to council a proposal for zoning revisions. That is separate and apart from this urgency interim ordinance. >> Well, while I um anticipate that bringing back zoning um recommendations would be part of that process, I don't know the sequencing. I could very much see that it would be planning commission review it come to the council we give feedback and then subsequently there would be uh a zoning to reflect that but I don't know that sequence so I don't think I want to uh be too stipulating right now we've given that direction we've given the time frame uh I think uh the process is good >> okay I don't know that it changes uh uh the the process that would otherwise be followed. It's just giving a sort of timeline and I I think so. Let me just ask ask the director. Um is that added language that I proposed comfortable for you or is there any concerns I guess I should ask? Um, you're asking if I have concerns about adding language returning with an ordinance within 6 to 12 months instead of just exploring the changes. Is that correct? >> Yes. >> Yes. To bring back a proposal. >> Yeah. I don't have a an objection to that as a you know, if that's the council's direction. >> Okay. Um, well, let's just so we can can wrap this because I think we're getting close to burned out here. I don't see any more lights. Uh, I'm I'm going to make a motion that we um direct staff to explore opportunities to accelerate housing production on California Avenue and adjacent areas of ECR and bring back to council a proposal for zoning revisions to effectuate such production within the next 6 to 12 months. Is there a second? Okay, we have a second. >> Any further discussion on that? Council member Bird. >> Yeah. Um, so on the actual the item that was pulled, it doesn't speak to that. So, um, are you saying that we wouldn't take an action to drop the urgency or or for or against the urgency ordinance? Um, or that it would die from lack of action because your motion doesn't address that one way or another. >> Correct. That part would die for lack of action. We could make that express or we could just leave it alone. I was it was seemed superfluous to to to do that. So if the since this was part of the staff report and within the scope of the item for the three items. So the staff report was for all of 23. It got split into three. I don't think this went particularly one way or another. So I believe it's within the scope. But I mean I could >> So I just want to ask the city attorney. >> I was just about to do that. ask the city attorney if he has a view on whether that's a proper motion or not. >> So, you know, it's it's it's general direction to staff. I think it is within the broader scope of the agenda item. Um ju just to maybe to to to tie it back um to the this uh specific action. it might be better to uh explicitly include uh the language that council member Brid is suggesting even though I understand your view that it it seems a little bit superolous but to say you know you know in l something to the effect that in lie of of acting on uh the interim urgency ordinance uh the direct you know provide direction to staff to bring back uh you know an item within six to 12 months using the language you proposed >> and if Happy to take that as a friendly amendment if you could help the clerk with the language. But council member Bert, go ahead. >> Yeah, if that goes forward, I'd like to ask that motion be split between the uh uh dropping of the urgency ordinance and the additional direction to staff. >> Well, I think it's just stating the circumstance of this motion when I think I heard you say in lie of adopting the emergency ordinance. >> Yeah. I I'm not sure they understand the basis for splitting the the motion unless the the maker >> because substantively agree those are two different things. >> No, one is a circumstance just like one is because we're acting to not go forward with the urgency ordinance. The other is uh whether we're uh going to direct staff to take additional action. And I want to be able to vote on those two things separately. >> Okay. I I think that's a request to the maker and seconder though. No, thank you. >> Okay. Um, Council Member Lowing. >> Yeah. I just wanted to point out in defense of staff that you've this this adds a significant workload. I I'm I'm going to support the motion. I just want to point out that, you know, we need to be a little tolerant as to when it actually comes back. Uh, and there may be a choice to take it to PTC at some point. So, um, it's a chunk and it's not on his workload yet. Uh, so just noting that I still I'll still support it. >> All right. Thank you, Council Member Bird. Is that a new light? >> Um, yeah. I I just am requesting [clears throat] that the motion be split. >> Right. And I think the city attorney's answer was that it was up to the maker and I declined that. or is that different or >> Yeah, I I'm not I'm not aware of a a a parliamentary requirement for the motion to be split. So, it's it's would be at the discretion of the mayor. >> I think our protocols actually, if I recall correctly, address that uh it's at the discretion of the mayor, but if they can be reasonably uh separated and request to do so, that [clears throat] is our normal normal procedure. So are you so are you asking to split it with the addition of the language that you sought because that's not on the screen now but we we is that >> two parts uh one would be to vote on uh uh not going forward with the urgency ordinance. The second would be whether to give the additional direction to staff that you requested. >> I understand your request. I think what we need to do is first get the motion. Um, uh, since I've accepted your friendly amendment and I believe the secondary, are you okay with that or not? >> I am okay with it. I think it makes sense for the record to reflect that there has been a decision not to go forward with the emergency urgent ordinance and that there's this uh, part B or second part that is about what we're doing going forward. >> Okay. Well, then I think we need to work on the language. Let's first get the language that the city attorney had mentioned because I'm not sure it lends itself to two. So, we may want to further revise it along the lines that council member Liths just mentioned. So I think madame clerk um I think that we would say to direct staff that in lie of adopting the urgency the interim urgency ordinance of 23C might be the easiest way to name it. um and it would go on to explore blah blah blah. I think that's where we left off with the language and so let's look at that and think about the splitting. So um so uh the council procedures uh rule 43 uh C provide that if a question contains two or more divisible propositions each of which is capable of standing as a complete proposition if the other are removed the presiding officer may upon a request of a council member shall divide the same the presiding officer's determination shall be appealable by any council member Okay. So, so madame clerk, I believe the language that you've written there, this is this is a friendly amendment. So, we can go ahead and put it in because I'm the council member Bird asked and I think council member Liths and I agreed. So that language that two direct staff that in lie of adopting the emergency ordinance of 23C that whole text can go after um up in the main motion after two direct staff and you can just delete that direct staff is duplicative. Yeah. Now, Mr. City attorney, is that what you were suggesting? Let's take a look. to direct. >> Okay. After >> that, that's that's consistent with with the I believe that's consistent with the language I proposed. Um um >> I think we need a comma after 23 C and then two TO just Okay. But I'm sorry I interrupted your thought. >> No, that I would just say that I I would defer to uh Council Member Bird as to how he proposes to divide the um that the motion. It's it's very simple. It's that it allows the the council to vote on the urgency ordinance and then to vote on this additional direction to staff as two separate items. So, they need to be broken apart um for purposes of that vote. >> Okay. Well, then let's just rewrite it as uh the two motions. Honestly, let's just do two motions. >> I agree with that. >> Okay. So, thank you, Madam Clerk, for bearing with us through that. I think now what we want to do is to say um to do kind of what you were trying to do. Okay, there introduce and adopt and sorry things moving around. All right, so that was the original MO motion. Uh yeah, as presented by staff. I want to get the city attorney's view on that. >> Sorry, mayor. What's the question? So, we didn't move this as the problem. >> Yeah. [laughter] No. So, so I So, I believe I I I believe that the remedy to to address this would be to withdraw your motion uh and then make a and it would have you would have to withdraw your motion and then, you know, uh revise the motion to include a vote on the staff recommendation. And then a second part of that motion would be uh you that the direction that you recommended providing for staff and then C council member Bert has requested that those questions be divided and council vote separately on each of them. >> Can we just put this one the back back the way it was uh vote for it and then have the have a motion or are you saying we need to do the in the other order? Uh I I just don't want to end the item after if we vote on uh the motion um that the clerk had up there a minute ago on the actual urgency ordinance. If we vote [snorts] no, I want to make sure this comes up. So um yeah. So if if we so we just need someone else because because we have to have different movers, right? >> No, you don't you can you can both move you. So, so I believe what's being requested is that you move both parts. >> Um, >> I don't want to. [laughter] >> Yeah. Um, >> that's the thing. >> Yeah. >> On this particular thing, I mean, it's >> Yeah. So, so, so, so you you you're not you, you are not you are not compelled to amend your your motion. I I'm just say suggesting that as a path forward. >> I'm happy to have the vote taken. I'm just saying I don't want to be the maker of the motion to adopt the interim emergency ordinance. That's I think council member report would be probably be happy to do that and then we >> all right >> can what I had suggested several times is that the motion be to uh not proceed with the urgency ordinance consistent with your main motion to not proceed not to proceed and vote against it >> simply to not proceed and then you have a second >> split motion that is to do direct staff as you proposed. We do this a lot. >> I understand. I thought I'm just looking at what the clerk has, which is looking to introduce and adopt it, which I don't want to do. But I think I like your suggestion of making clear on that second one that I think just went away. Um that it's the reverse that it's to not adopt. Right. That's essentially what you want, right? We could have split it out, but we're I'm just making two separate motions to make it cleaner. So if that language could come back, madame clerk and I think what you're saying is to put it in one so it's we can split it. >> Okay. To direct staff to not proceed with adopting. >> All right. So now this now we would split that one and I think council member Liths, you're okay with that. After 23 C we would split it into two. >> [snorts] >> You're standing strong with this, aren't you? Okay. >> All right. I think we're there. Um we're I mean I think the pro I mean so so this is so just to clarify like both of these there's there's one main motion on the floor. So so both of these elements have to be part of the same main motion and then then that question is divi vote that then that qu that motion can be divided for purposes of voting um as requested by by council member Bert. Is that clear to everyone? >> I'm sorry. >> So, so this is this I just concerned that because this looks like it's two motions. We we could we can only have one mo main motion on the floor and so this this should be this should be made as a single motion and then divided and then the separate vote should be taken on the divided motion just just just just to >> Yeah, she does have motion split for the purpose of voting. >> I'm sorry. I I I I I I did I did not. >> Yeah. I think because we had the one on the screen prior that had them both and then she has a motion split. I If you're good with that, I'm good with that. >> Okay. Yeah. If you could just be clear that you're making the motion and and and council member Liths is se is is seconding it for the record. I think that would be helpful. >> I think it's embedded in each or is that not enough? >> Okay. >> Right. >> Yes. Okay. I just >> I'm missing the concern. Um I >> would it be cleaner if the motion was Mayor Vinker move seconded by me to direct staff A to not proceed with adopting the inter interim urgency ordinance 23C b to direct staff to explore. That way council member Bert can split out >> B >> B from A. He can vote one way and we we can split the subp parts of the motion but it's one motion one mover and seconder. >> It's I think that that that part was clear. I think it was more that I was just wanted to be clear that you were seconding it because I'm not sure that was on the record. >> I'm actually proposing that it be structured differently than it currently looks. Right now, as you said, it looks like two different motions. Don't take it out yet, Madam Clerk. I'm I'm just asking a question. Does that make more sense to you, Council Member Bert, or you don't care either way? >> Yeah, I think it's probably I mean, thank you. I think it's probably a distinction without a difference. So, okay. Okay. So everybody's good with voting on this way. All right. So we'll start with uh the main motion before it was split or do we need to start with the split or does it matter? >> Uh I I think you can vote in either order. >> Okay. Let's take it from the top. Please call the role. >> All right. [snorts] Voting on the first part of the motion. >> Council member Lowing. >> Yes. >> Mayor Vinker. >> Council member Bert. Yes. >> Council member Liths. >> Yes. >> Council member Stone. >> Motion carries. >> Voting on the second part of the motion. Council member Bert. >> No. >> Council member Lowing. >> Yes. >> Council member Lethods. >> Vice Mayor Stone. >> Yes. >> Council me Mayor Vinker. >> Motion carries. >> All right. Okay. Thank you all for persisting through that. I know it was a little painful, but we're going to take a break. We're going to go get dinner. Uh, see, [sighs] we'll be back in 15 minutes. All right. Thank you all. question. >> Oh, wait. I think there's one. Since we changed courses, I'm certainly willing to listen to Mr. Barack. Is there anybody? >> We have one request to speak. >> Okay. Excellent. Welcome, Herpa. heartbeat. >> I'm doing this off the cuff because um I I thought when I saw the since you're having a meeting with your your city attorney and uh different uh rules applied to different cities and I recall what for example >> excuse me I want to be able to hear you. Could we have some uh more quiet in the chambers please? Thank you so much. All right. Sorry Mr. Brock. Go ahead. >> Okay. And I I may be getting this wrong, but uh you just passed at least one urgency ordinance which said four-fifths of the members present were sufficient. In my recollection, I thought in PaloAlto it was four-fifths of the total council. Uh for example, uh city attorney said that the other ordinance would take effect, you know, 31 days after the second reading, but we once had a city attorney from a city where it was 30 days and hired interns would start drafting ordinances 30 days. So I think you one would need need to check. I don't have a copy of the charter and code available for me to look at to confirm my memory of what what's required for an urgency ordinance. But since you're meeting with the attorney, it probably be about something in in this city's charter and code rather than some others. I just wanted to bring that up and I apologize if I'm wrong about that. >> Thank you, Madam Clerk. Is that uh do we have any other uh public comments on AA1? >> No, we have no further requests to speak. >> Okay. >> All right. Thank you very much. May I have a motion to move into close session, please? >> Some moved. >> Second. Thank you both. Would you please call the role? >> Council member Lethod Hayes. >> Yes. >> Council member Rectal. >> Council member Lowing. >> Council member Burton. >> Yes. >> Mayor Vinker. >> Council member Lou. >> Yes. >> Vice Mayor Stone. >> Motion carries. Five to two. [laughter] >> Two absent for the vote. >> Yeah. Five. I think five. Oh. >> All right. Thank you. All right, I'm going to call us back to order. And I first want to uh recognize the city manager whose comments I skipped over in my eagerness to do our closed session. Um, but actually before I do that, I need to report out from our closed session. So, I uh want to report that the city council authorized the city attorney to join an amicus brief in support of the plaintiff's position in County of Santa Clara versus US Immigrations and Customs Enforcement case number 26 CV5604. All right. So now, Mr. City Manager, your comments. >> Yes. Uh thank you, mayor. I would just note for the record that material has been distributed in the agenda packet. So given the hour, I'll dispense with comments and we can proceed with your last action item. >> All right. Thank you very much, Mr. City Manager. We appreciate that. And we will look at your uh uh slides which I believe are also online for people to access. Yes. Okay. So we will move on to action item item 24 which is uh to consider a resolution regarding the 2026 bicycle and pedest pedestrian transportation plan. So uh welcome staff. I don't know which one of you is going to pick it up but I will turn it to you. Welcome. >> Thank you mayor members of the city council. My name is Aussie Arce senior transportation planner with the office of transportation. I am excited and pleased to present tonight the final 2026 bicycle and pedestrian transportation plan for your formal adoption tonight. This comprehensive document serves as the city's 10-year action plan and strategic framework to establish a comfortable, connected, and safe active transportation network in Palo Alto. I'm joined tonight by chief transportation official Rio Lo and transportation planning manager Sylvia Starlac. Next slide, please. The purpose of tonight's action item is to present the final 2026 bicycle and pedestrian transportation plan, also known as the BPTP, for formal consideration and adoption via resolution. Adopting this plan tonight formally establishes our city's vision for active transportation while simultaneously positioning Palo Alto to successfully capture competitive regional and state infrastructure funding. Next slide, please. This has been a robust multi-phase process that began in 2023. Our planning process has focused heavily on updating previous frameworks, including the 2012 BPTP to reflect modern travel behaviors through an extensive four-phase engagement campaign spanning public workshops, online surveys, collaborative field tours. Staff gathered more than 1,000 distinct community comments. The resounding mandate from our residents was clear. Prioritize safety, especially for our student population and further develop a continuous low stress network that functions seamlessly for all users of all ages and abilities. Next slide. When we brought the plan to you on December 1st, 2025 of last year, you spoke positively about the plan's direction, and you gave us clear direction to refine several critical areas. We heard you and the final plan before you tonight reflects exactly how we have responded within the plan's text itself. First, you asked for a proactive stance on ebikes and ecycles. We have expanded the plan to feature specific regulation, engagement and education strategies to safely manage the rapid growth and speed dynamics of ebikes and ecycles. Second, you asked for to total for tight local alignment. We have seamlessly locked this network into the San Antonio road area plan, the North Ventura coordinated area plan, the Midtown bike ped undercrossing at Elorado Avenue, and the Cubberly master plan to name a few. Third, we added concrete directives to audit existing policies within our 2030 comprehensive plan that could inadvertently restrict safety improvements. As detailed in the staff report, we closely re-examined policy T-4.1 regarding street access and verified that local authority under existing comp plan policies fully permits the installation of highly effective safety features such as neighborhood modal filters for our bicycle boulevards and student routes. Finally, we made vital project modifications based on your feedback, including prioritizing safe routes to school projects and expanding capital programming for dedicated pedestrian improvements. Attachment C of your final of your staff report provides more details on how staff incorporated council's feedback into the final plan document. Next slide. Moving into the core elements of the final plan, this consolidated framework establishes our actionable blueprint for combining structural network designs with immediate capital priorities. First, the primary strategy focuses our foundational design baseline away from high-speed complex arterials, focusing resources instead on neighborhood bicycle boulevards such as the flagship Bryant Street Bike Boulevard and the Park Boulevard bike. Second, rather than attempting to finance or construct the entire visionary network all at once, the 10-year implementation framework isolates 19 miles of core near-term enhancements. This sets us on a path towards prioritizing 25 prior priority bicycle projects, 24 targeted intersection and pedestrian crossing safety enhancements, and dozens of policies and programs specific to improving the walking and biking conditions in the city. Third, the plan explicitly elevates our pedestrian environments by establishing geographically distinct pedestrian districts for areas such as University Avenue, California Avenue, San Antonio Road, and the Mitchell Park Cberly corridors that will utilize a customized pedestrian toolbox focusing directly on sidewalk continuity, intersection crossing visibility, and neighborhood placemaking treatments. And the plan includes crucial programmatic strategy programmatic strategies to address the rapid adoption of ebikes and ecycles including programs around bike education, regulation and engagement. And lastly, it in it integrates with other city projects as mentioned earlier. And next step and finally looking forward to immediate next steps here pending council's adoption. Staff will publish an adopted final plan document. [gasps] Staff has initiated work to advance the plan's initial priorities for implementing. Thank you. including first uh these are immediate next steps regarding ebikes and ecycles microobility and youth safety. We are actively developing a comprehensive ebike and ecycle strategy which we will bring back to you as a da d d d d d d d d d d d d d d d d d d d d dedicated agenda item. This is in addition to developing educational material with PAUSD and PD's enforcement and encouragement efforts as resources allow. Second, staff has initiated work on potential improvements along Bryant Street. This work will feed into a broader effort to update the city's 2001 traffic calming policy in order to increase the responsiveness and efficiency of traffic calming work in the city. Third, staff is seeking grant funding and advancing projects prioritized in the BPTB through the city's capital improvement program CIP process. And this includes the South Palo Alto bikeways demonstration project on East Meadow and Fabian Way and the Midtown Bike Pet Undering and El Dorado Avenue. And lastly, staff is also activating BPTP policy IC1-3 on payback reform to return to council with an evaluation and reform proposal for payback to optimize committee efficiency and effectiveness. Now, at this time, I'd like to introduce the city's chief transportation official, Rio, to discuss the council's recent council direction on Carfree Calav, which is a specific part of the BPTP since Calab has, is, and has historically been a part of the city's citywide bicycle network. >> Thank you. I wanted to say uh thank you to everybody who's helped to develop this plan. Thank you to Aussie, thank you to the council, to the boards and commissions, and hundreds of people who weighed in on this project. Um, I also wanted to acknowledge that we heard two different sets of feedback on CALB. So, I just wanted to kind of tease that out a little bit. Um, in relation to the BPTP on December 1st, uh, a council directed staff to provide bike access slow speed 8 miles per hour and with an alternative uh, with additional efforts to boost um, the performance of Cambridge Avenue as a supplementary route. Um and um on June 1st um council also deliberated on Calv um outdoor activation standards and expressed concern about the use of ebikes along um this corridor with direction to return with a bike free design. And so in terms of the ebikes, there's a number of strategies that are covered in the BPTP and also we've started collaborating with the school district and and with the police department on you know addressing some of these issues. Actually what sometimes appear as ebikes are actually emotos which are illegal. So there's a lot of outreach that needs to happen and that we're starting to work on um in in that regard in terms of uh next slide please. In terms of um the other part which is to do with the uh Calav design, staff is recommending that council adopt the plan as is. Um and this implies a further conversation about Calav. Um and so I think this is the this is the community street approach which is shown on the left here. there's already quite a bit of work that's happened um in terms of setting up the um the intersection and encroachment permits with with CALR. Um the other alternative and and um there are uh options that we can consider in terms of the walk only time. So we we'd assume that it would be walk only during the farmers market and the Thursday night events. Um but there could be other times that we also consider it as a walk only. um uh street as well. Um the other alternative would be to adopt the plan with direction to make revisions to the BPTP as necessary to align with the June 1st direction on Cal A and Cambridge. And this is the option on the right of the screen here, which would also imply that we need to return with a budget item midyear or in um fiscal year 2028. So again, um really uh appreciate your tireless service to the city um especially late at night and um and also the engagement on this project and staff are recommending approval of the resolution to adopt the BPTP. Thank you. Oh, next slide. Sorry. All right. Thank you, Mr. Arce. Thank you, Director Low. Thank you, Miss Darlac. It's nice to have you all here and really appreciate this extraordinary body of work that's summarized here. Apologies for the hour and thank you for hanging in with us on it. Um colleagues, let's do a a round of clarifying questions if there are any and then we will move to public comment and then back to the deis. So, does anyone have any questions they'd like answered before we move to public comment? Council member Bert. >> Yeah, thank you. Um so uh on the CLAB question um as we discussed last meeting we have uh a problem of uh the safety of pedestrians and primarily ebikes or fast bikes but most of all the ebikes most of all in the evening. Calav precoid was its busiest period was during an extended lunch hour period several two three hours. Now the busiest period is in the evening. Um but uh since our last meeting, I've heard from a number of folks involved with safe routes to school that there are still a very significant number of school commuters that are using Calav uh in the early morning and then uh in the later afternoon. Do we have any idea how heavily it is used by school commuters? Um, we don't have specific counts, but it is part of the the school access route for Green Middle School and for >> half of our middle schoolers bike to school >> and and about 50% of them ride to school. So, but I'm not sure how many come through that way. >> Okay. Um, and then um there's one other Oh, uh I think you mentioned PA USD. I've heard that uh they are exploring uh prohibition of uh maybe it's class two and three ebikes being uh ridden to campus. Um do you have how serious are they on that? >> That's also what they've told us. Um it sounds like they're serious, but I don't think it's been to the board. Um, so what we've heard is that the the they're considering a prohibition of class two and three in fiscal year 2027 and then um class one, two, and three in fiscal year 2028. >> Oh, I don't know if I agree with the one, but I'm glad on the class two and three. Um, okay. There is an area where we we have the um uh separated bikeway birectional uh wrapping around Green Middle School and then it ends at California Avenue and doesn't extend to Garland which is the route that you need to get to to take the Ross Road um Boulevard. Um, my recollection is when when that was first being considered, the gap between Calab and Garland was considered. There was some neighborhood push back and it got dropped. Is has that been re-examined? I didn't pick up. Is that part of what's considered in the plan of um reooking at extending that to make it so that we don't have the kind of a gap there. So the um the the segment that you're talking about is between Newell and Lewis, not Ross because Ross dead ends. Are you talk? >> No, no, that's >> Sorry. >> No, I'm talking about on Middlefield. >> Oh, from Middlefield to Garland. >> From Calav to Garland on Middlefield. >> Sorry. >> There's just I think it's only two or three houses there, right? And yet, >> yeah, we we have not um looked into that. >> Okay. Yeah, my recollection is that was part of the original plan and then it got dropped because of some neighborhood neighbor push back. I I I just say I I don't typically see cars even utilizing that. And yet we don't our our our two directional bike route uh doesn't extend in a way that gets you at least onto Garland and a safer street. Okay. Um, well, I'll leave it there on on questions. Thank you. >> All right. Any other questions? >> All right. Let's move to public comment. Madame Clerk, do we have requests to speak? >> Yes, we do. Sorry, one moment while I calculate how many hands are raised on Zoom. 18. We have 18 requests to speak. Okay. Um, we're not going to go down to one, but I think we do need to go to one and a half minutes each. We don't have any groups, right? >> No groups. And actually a few have lowered their hand. So I one moment. Okay. I think that might be it. We have 12 um 11 requests to speak. >> Oh, then let's let's go with two minutes each. Thank you. >> Our first speaker is Ken J. Ken J. >> Our next speaker is Derek G. >> And thank you, sir, for hanging in with us tonight. >> Hi, I'm I'm Derek Gurnie and I'm the father of a child who uses Calav to uh as a safe route to school along with several other children. So, uh, my parental instincts became, uh, pretty activated last week when I learned that the council directed staff to make, uh, Calav pedestrian only. Uh, this instinct led me to fire off an email that, uh, perhaps is a little inmperate, and I apologize if it was maybe a little harsh. Um, but I think the spirit of my email stands that um, I think we really need to if we were to close Kalav to to bikes, we would need to first have in place a safe, attractive and viable alternative for for children to use to to get to school. When I think of the those other alternatives and their imposed cons, I think it when I think about it, I think it makes much more sense to make Calav a place where pedestrians and cyclists can just safely interact. Thank you. >> Our next speaker is Shauna M. >> Hi, council members. Um, I'm also a parent and I wanted to speak about our downtown areas. Um, reading the BPTP report, I have seen that the most dangerous areas that are called out are our downtown areas. And um I would love the council to um take a look at that and maybe focus more on those areas and make sure those routes are safe for our students and um our kids. Thank you. >> Our next speaker is Janette S. >> Hi council members. I'm speaking as a resident and also as a parent of a Addison Elementary. Um I took a look at the plans and realized that there are absolutely no considerations um for those kids heading to Addison Walter Hayes and to Green Middle School from Palo Alto North. Um, and I think that we should truly look at all schools and creating safe bike routes for all kids to be able to ride kids or ride their bikes to school. My daughter this year had a very near miss with a car that was terrifying on Webster Street. Webster which not only has um several conolescent homes but also elementary schools and there are definitely needs to have proper diligence to ensure that we're looking correctly at truly dangerous routes including downtown to protect our children and to allow them the joy of riding their bikes to school safely. Our next speaker is Bradley. Thank you, Madame Mayor and Council members. I'm speaking as a resident and a parent and uh my uh daughter's route to Green Elementary would run through Cal Avenue. And while I acknowledge a viable a valid concern for safety uh for pedestrians, um it is my understanding that this concern is to do with ebikes, class 3 ebikes, illegal ebikes primarily, and that the the council itself u when surveying Calv found that only one or to bicycles at at higher speeds than uh would be deemed safe, even passed through when Congressman Lou was was um recording data there. my daughter will have to if if the plan um is changed to a bike free avenue, my daughter will have to ride on a on Cambridge if she wishes to ride her bicycle to school in the presence of cars. So, my uh my read on this is that it's an overreaction that we're trying to solve a safety problem for pedestrians, which is minimal and very narrow, and that instead we're creating a new safety problem for children, putting them on alternative routes where cars are going to be sharing the streets. And frankly that is uh that seems to be um in opposition to the spirit of the plan which was introduced which put safety as the top concern. Also um I ride that route to get to the train. So it's not only children but primarily I'm concerned for the children. Thank you. >> Our next speaker is Amy A. Good evening, council. Thank you first of all to staff and council and all the boards and hearings for the for the years of work on the bike plan. Um, tonight I specifically want to speak to the Cal a access for people on bikes. We need this access preserved because it represents such a large piece of our overall network. It connects to the Alma underpass to Cal Train to the Bike Bowl Vadarm Park and also to the new bike lanes on El Camino. Please continue this access for the majority of us riders who are safe, who do who are careful, who do look at the speed limit, who ride appropriately. Staff's plan presented on June 1st was well thought out and supported by the Lord Bright community. It made sense. Cambridge is not an appropriate alternative. It lacks direct intersection access to El Camino. Um, it doesn't connect to any of the other spots in our network where we want to get to. It also has I I lo I lost count. I believe there were 18 driveway openings last time I drove it. And those are real points where people have accidents. It's not an appropriate alternative. And I know so there's been discussion about time limitations perhaps on Calav, maybe limiting it after 5:00 PM, 6 PM, but these time limitations are an ineffective measure. I think we all know that there are no bike signs on Calav now and they are ignored. So I guess I would urge you to please have a second look at staff's plan that was presented on June 1st. it balanced the needs of so many users on the street. Um, and uh, please, if that's not appropriate and you look at Cambridge, make sure to really have a hard thought about the loss of parking, closing of driveways, all the things we need to do to make it safe. And I think you'll find that Calab becomes a more attractive option. Thank you. >> Our next speaker is Cedric B. Uh good evening. Um I am a member of payback but I am speaking for myself. Uh thank you to everyone who contributed to this bicycle and transportation plan and I urge you to to approve it but to incorporate the recommendations from payback the bicycle uh and pedestrian advisory committee that are listed in attachment B including the items with which staff did not agree. Alan Wtel's email explains well why they should be included. Um otherwise as many have noted I was also very disappointed by the direction to explore a bike free cal a in reaction to a small minority of ebike riders going too fast. Calav is a very important bike network connector between neighborhoods, schools, bus and rail transit and it is an important bike attractor with its shops, restaurants and cultural destinations. The parallel routes are not as safe nor as convenient. Plus, there's the social aspect of hanging out on California Avenue and seeing your friends riding by. Greet them and improve your well-being and their well-being and strengthen the community. If the only way to access the area is by parallel routes and alleys, the street will lose some of its vibrancy. I would ask you to instead do outreach, education, and and enforcement of a reasonable speed limit like 10 miles per hour and directly address unsafe behaviors rather than diminish California Avenue's vibrancy and nor punishing all riders for the sins of a few. Thank you. >> Our next speaker is Penny E. Penny E, you should be able to unmute yourself and speak. Moving to our next speaker, Ken K. Good evening, council. In support of the BPTP, I'm Ken Kersner, a local bike advocate. This plan is a big upgrade from 2012. The low stress network gets more people riding sooner with fewer trade-offs. Two requests. Um, first, ebikes didn't exist as a policy category in 2012, and the pace of micromobility has quickened. Please request staff to bring a midcycle update every three years with rider data, safety data, project status so we can course correct on a regular cadence and not in 2040. Second, on California Avenue, the threat is emotal throttle motorcycles banned under SB 586, not legal cyclists. Three quick best practice suggestions from other California cities. One, post no motor vehicle signage. Two, partner with uh PAUSD on a teen diversion program like Coronado's waving citations for a safety course. And three, deploy sensors to confirm that it's an e-oto problem, not a cyclist problem before adopting anything permanent. And last request, include updates as promised by CALR on El Camino bikeways in the year one work plan. I also wanted to make the council aware that the El Camino bikeways network into Menllo Park has a quick build segment from Sandill to Middle Avenue. On June 10th, this project was unanimously endorsed by the Menllo Park Complete Streets Commission and will come before the Menllo Park Council later in June. And I also wanted to invite the council to join our El Camino Real Community Rides currently Tuesdays at 6 p.m. and they'll shift to another night in July. Thank you. >> Our next speaker is Peter R. >> All right. Good evening, mayor and council members. My name is Pete Rice. I'm speaking on behalf of the College Terrace Residents Association. Uh first, I wanted to thank staff and their team for all the hard work that went into the bike and ped plan. I know how much work these plans take and we appreciate the effort. Uh in general, we are very supportive of new and better bike and ped infrastructure and programs. Uh we recognize that walking and biking are a vital part of our transportation system. Uh two requests. Um we ask that uh the city address Stanford Avenue. Um, Stanford now has homes on both sides and as a school route. Uh, having roughly 2,000 ft between marked crossings does not meet the safety needs of our neighborhood. Crossings at Oberlin and Welsley were warranted back in 2004. Uh, we received speed humps instead. Uh, which are appreciated, but they're not enough. We still need marked crossings. Um and then finally on the California Avenue, uh we strongly oppose any bike ban. Uh it's an important carfree route for our kids heading to Green Middle School. Uh also for uh commuters and families and neighborhood residents that want to access Cal A. Uh moving bike moving people on bikes, especially kids off of a car-free street and onto streets with cars would make them less safe. uh these concerns about the reckless riding and emotos should be addressed directly. Um but a bike ban uh doesn't make any sense and it's not a proportionate safety response. Um so please keep California open for slow safe riding. Thank you. >> Our next speaker is Alan W. >> Uh good evening mayor and members of the council. I'm Alan Wtel, a member of Payback, and I thank Cedric, the uh earlier speaker, for endorsing the comments that I have previously submitted in writing. Uh I'll use my time to uh briefly recap those comments. Uh at its May meeting, Payback recommended adoption of this plan with a number of changes and additions. Uh the vote for that was 12 to zero with one abstension. So I believe they should be taken seriously. Uh staff agrees with some of those recommendations but disagrees with others and I am asking the council to adopt all the recommendations that payback made in full. Uh I call your attention in particular to items B and C. B involves the entire roadway network. Uh the BPTP focuses almost exclusively on designated bikeways class 1 2 3 and four. But it's long been recognized that bicyclists need to ride on almost all roads because their origins and destinations don't always lie on bikeways. Uh there is ample scope to improve these roads to improve safety and continuity to make them part of the network to provide complete connectivity without designating bikeways. staff uh refers to the complete streets policy and the comp plan but nowhere in the BPTP are these items mentioned. So uh this is an important omission that the council can rectify. The other item item C concerns class 4 separated bikeways. There are significant concerns about the conflicts created by these bikeways between cars and bikes at intersections and driveways. uh the safe streets plan and others that staff refers to do not adequately address these issues. So payback expresses caution about them uh which I would like you to adopt. >> Thank you. >> Um I believe Penny E has been Yeah. >> Yeah. I was just asking if you could try her again and see if we can hear her. >> Penny E, you should be able to unmute yourself. We still can't hear anything. >> Okay. Yeah, she tells me she's having trouble. Uh she's uh something's keeping her microphone from working. Um but I know she did send us an email at 5:39 today. So I would just ask my colleagues to take note of that if we Penny one more time. Can we hear you? No. So with technical issues. Okay. Well, I'm sorry about that, but we will uh take note of your uh emailed comments. So, Madame Clerk, is that uh close out our >> Yes, that concludes public comment for action item 24. >> All right. Thank you so much. Okay, colleagues, uh bring it back to the deas for discussion motion and council member Lou. >> Thank you. Uh just starting with a quick question. What is the process going forward for making tweaks? Uh finding new opportunities, maybe working on some of the points addressed by public commenters around um access from downtown to green or uh the comments from payback members. Is there any venue or outlet to yeah re evaluate different parts of the plane over time? Um yeah, sorry. Um yes, there is as as each of the especially for the major projects, these are things that would come through some sort of engagement process. Um some of them would be coming, you know, to council for for the for the larger projects. And so that would be an opportunity for um tweaking some of those elements. >> That would only be for items, major items that are on the plan, but then smaller items or sort of more general policy changes like uh payback recognition be around trying to plan uh for safer streets as a default. um there wouldn't be a venue or a natural way for us to address that uh or think about those options short of a colleague's memo or something like that, right? Uh that's possible, but I think that there are other policy items that would be coming to council as well. So, uh for example, I'm expecting that we we will be having a a bike ordinance update at some stage. So some of those items could be fleshed out there if they if they're not caught here. >> I think I'm very sympathetic to many of the points from the public commenters and payback. Uh and I also really want to prove this tonight, but I don't want those extra comments to go into a black hole. So I would uh as we think about emotion or just as we think about general council priorities and what we prioritize for uh the coming years each year in priority setting find some way to re-evaluate um uh and bump in periodic updates to planning every few years. I I think uh that's a baseline and something that we owe to this amazing community that puts so much effort into this document that we know is great but should be continuously improving. Um and tonight I think we certainly should approve this document. Again we should be so proud of this. Um, we should really connect this document with the bigger picture goals of uh how much safer and more vibrant uh and just pleasant our city can be with a really thoughtfully built uh comprehensive bike network. And uh yeah, we should be ready to commit the capital. uh we should be ready to uh find uh other phases or tweaks uh in the coming years. One point that I will uh just ceue up because it seems like one of the big discussions of tonight is Calav. I'm really grateful to to the members of the public who came and spoke about the safety concerns of uh effectively banning bicycles from Calav. I really stand by my previous comments. I think we can make the street much safer than it is. We can support businesses. We can protect vulnerable road users. And we can also investigate speed limits, time limitations. We can enforce on illegal emot. We can uh build surfaces that discourage fast cycling. Uh I think we can do all of those things. Um I am usually loathed to change a council decision, especially one that was so recently made. and uh that had pretty wide support. But I think at this time we have a lot more information. We've also been operating under this assumption that we would allow slow cycling on CAV for uh don't quote me exactly but maybe a couple of years. And so I don't think we're going to really be upsetting the decision we just made or uh uh throwing a big wrench in the process if we gently walk back at least some aspects of the decision to ban bikes on KAV. Um uh so uh I'll leave that there and uh be happy to chime in later on a motion if that helps. Right. >> Thank you, Council Member Rectal. Uh the one of the public commenters, oh, first of all, thank you. Good work. I do appreciate it. It's been a long haul, but it's it's very good product. Thank you. Um one of the public commenters talked about CALR improving the uh El Camino bike lanes. Can you give us more details what what the plan is on that? Did Cal Train commit to doing something after one year? Yeah, I think you're referring to I think it was Ken Kushner who mentioned that um CALR is supposed to report back on usage on the bike lanes. >> Okay. It's just a usage. It's just they're not proposing ways of improving or anything like that. >> I don't think so. I mean, if they were not performing well, then we would expect them to fix it, but >> I think it's about the counts. And will we get those counts? Will council get the counts that uh >> I I don't know. I we will absolutely share. >> I would be very interested in that. >> We would share them. >> Okay. Um clerk, can you go to packet page 934? This is a a map that I both love and hate. And and what it's showing is it's showing the dangerous routes or the high injury network. And the problem is that some of the high-end networks are like by Bryant just because we have so much traffic on it. And so we don't know is it dangerous per capita or is it just the fact that we have so many bikes on it that by just even a safe bike route is going to have incidents. And so it's not very actionable. It's good information, but it's not very actionable. If we had either another map that showed the density or preferably another one that had the per capita incidents, uh that would be much more useful. But this is kind of just telling you, yeah, there's a lot of bikers on Lomma Verde and a lot of bikers on Bryant and uh so I don't know how you can improve that. Do you have count datas for how many people go on Bryant each day? [sighs] >> So you're referring to figure 14 which is the bicycle and pedestrian high injury network. And >> exactly and we show the locations where there's a lot of injuries but some of those locations have a lot of bikers on them. >> Correct. So just the fact there's a lot of incidents doesn't necessarily mean they're inherently unsafe. It's just the fact that you have a lot of bikers. There's more chances for injuries. >> Correct. And this high injury network analysis is uh best practice that's used in all long range planning efforts. So it followed the similar methodology, but you are correct. Higher usage could lead to higher >> So do you have counts of how many people use each of these bike routes? >> [sighs] >> We we did some counts back in 2024. Uh but what we did for this planning effort was we used uh big data called replica which created a methodology to try to better understand how people move locally. >> Okay. I mean that. So, do you have a table or some data that's usable that would be able to list how many bikers a day use Bryant? How many bikers a day uh use some of these other routes, Meadow Drive, for example? >> Not by day. And traditional count data is relatively expensive. And so, the city doesn't period periodically conduct citywide bicycle counts, unfortunately. So, if I'm looking at this and I'm a bicycle planner and I'm trying to say this is going to tell me what bike routes are dangerous, how do I determine that? >> How do you determine which bicycle routes are dangerous? >> Yeah, by looking at this map. Because this tells me the gross number of incidents, but it doesn't tell me how frequent they are. Yeah. the it doesn't tell me the rate you know what percentage of people who use that get injured >> right this is where collisions have occurred the dates are 2018 to 2022 is a 5year time frame for this um >> but do you do you understand what I'm saying that if I'm a planner I want to go after the places where people have a high probability of getting injured and this doesn't tell me anything about probability it just tells me the gross numbers and so it's skewed by the number of riders that take those routes I understand what you're saying. What you're asking for is actually one of the holy grails of transportation planning or bike planning because no one has the denominator to like norm the number that you want. Um so >> I mean we can't use replica or anything else or even >> could you send an intern out there and have them count bikes? >> I guess I mean it's it's a difficult thing. I mean this is there are some >> this this seems like such a lost opportunity because it's almost there. >> Yeah. So there are some cities that have invested for example in in eco count or uh counters totem pole counters where they tell you how many bicyclists have come past there that day. We don't have that. I mean we have so many cyclists on so many streets. >> Yeah. Okay. >> Okay. My time's up. Thank you. Council member Bert. >> Thank you. Uh just a follow-up thought on Council Member Rectal's concern. Well, one I doesn't rep replica does not count bikes on routes. Okay. Um we actually had had uh a detection system like that in 2014 and 2016. So we actually had it a dozen years ago and I don't recall why it went by the wayside, but does seem appropriate. I I will say there's another factor for consideration. So, Council Member Rectal is correct that uh the the data that we have on this table doesn't um show really the the comparative risk per ride, but it does show where you'd get the most benefit for a particular pro protective measure because it is multiplied by the number of riders. Um so uh I too would like to know the comparative risk but but I I just bear that in mind as well. I also thought um maybe I got wasn't listening closely to one of the speakers but I thought one of the El Camino Rial considerations is that Menllo Park is looking at extending protected lanes which would bring more volume. But for us when we discussed it, a lot of the reason for embracing this was the close to 2,000 new housing units that were planning on El Camino that would uh disproportionately use those lanes. Um I wanted to go to this question on T-4.1 which is about um street closures and um payback had had wanted to have clearer language that filtering was not a street closure. Staff respond and said no we don't interpret it that way. problem is the same language in T41 was there in 27 and 2018 when the the Ross Road uh bike boulevard was being considered. The chief transportation official at that time interpreted that language in the opposite way. Said that filtering is closure and therefore we couldn't do filtering. So I'm glad that staff has interpreted the way they do now. But I don't see a problem with providing the clarifying language of payback because contrary to what staff said, there is there must be ambiguity or we wouldn't have those two transportation officials interpreting it two different ways. I agree with your interpretation. So don't get me wrong, but I think why not put it in there and eliminate what is was clearly some some level of ambiguity that allowed a different interpretation. Um and then um I did want to go to the uh Calab issue because I was really reluctant to at our last meeting on this say I I think we need to restrict biking on Calab because I had fought for three years to try to have it stay part of the plan. We had never done anything to do calming. We have no physical measures. We don't have signage on speed limits. We have contradictions between a sign that says, "Please walk your bikes and recently painted green bike lanes there." Um, so we haven't really helped matters that way, but I'm very one I was until hearing from so many me members of the public, I wasn't aware how heavily it must be in early morning and to some degree in the later afternoon used for safe routes to school and some other commuting. Um, and hearing that the PAUSD is wanting to move forward on this restriction, I'm interested in what actually Penny Ellson had put in writing on this uh a temporal closure that you already said, well, when we have the the evening um uh events once a month and the we already and on the um farmers market, but really whether we should consider that after 6:00 it's a no bike area and it's signed. Appreciating that we would have that in conjunction with signage on uh and and um calming measures when it is open and that there's no panacea. I mean we have people drive on the freeways at 80 miles an hour even though we have speed limits. That doesn't mean we don't have a speed limit. Um, so I I'm I am uh interested in this this concept of the calming measures, the school restrictions and the temporal closure as what might be the right balance. There really is a currently a danger in the evening. It's contrary to what some of the speakers said, it's not rare that we have u essentially the class three bikes and they're not necessarily just the electric motorcycles. they are class 3 bikes either altered or unaltered and it's a danger. So I think we have to figure out how we address the two things together. Um I also did want to uh bring up one other intersection that I'm not sure has been identified. New and Embaradero. Um when cars are or bikes are coming northbound, I'll call it on new to cross Embaradero, they come around and there's a bend there and it's blind. And um I I would just like to request that we add addressing safety measures there, whatever those may be. I don't want to engineer it, but it's a problem that I see regularly and I think it's it's a significant problem. Um, and then I I one of the things I've been doing the last couple weeks is reading some of the studies on that were very interesting and that basically have shown that Cherros are not effective and can be actually counter to safety and that merely painted bike lanes without protection or at least without a buffer area also not enhancing safety. And these have been two measures that have been widely adopted uh in you know all kinds of jurisdictions for the last what decade or two and the studies are now showing uh they they aren't working and even the sheros can be and some of these can be counterproductive um for reasons that they explain in the studies. So, I do really embrace us focusing on uh class one and four lanes and if we have painted bike lanes to really try to design in buffers because those do help even if they're not a physical barrier. Um, so I think those are uh my comments at this time. Thank you. Uh, oh, one other thing. I'm sorry. Uh Penny Elson had recommended that there really be a wording added on uh on the San Antonio area access to the Cal Train station. And I do think that's very important. >> Okay, friends, we've worn you out. I have no lights. So, I'm just going to make a couple quick questions and then I'll go back to Oh, good. Thank you. Um uh um I'm intrigued, Council Member Bert, by what you just said about the Cherros because that had always kind of been my instinct that they don't feel safe. So, it's interesting that now there's that uh analysis that sort of bears that out. Um I also uh agree about New and Embaradero Road. I live quite near there and have had several sort of awkward circumstances because of the the angle of the intersection and so then sometimes bicyclists will use a crosswalk on the opposite side of where you think they are but they're going faster. It's just an awkward intersection for bicycles. And of course we had one tragic instance which I don't think was the result of bike lanes. Um anyway, um you know, the I think we're all um really grateful for and pleased with the um the work product before us. Um and this big issue seems to be around the Calav bike lanes. Um and I mean honestly I'm conflicted about it. I have always had some concerns as to how the bikes would interact with the pedestrians there. Uh, you know, I I liked the meandering, I'll call it, uh, bike lane that would slow them down. Um, but it's still a little awkward for me to sort out how they interact one with the other. But um you know I I'm very um concerned about the parents concerns that have been expressed tonight. Um I don't think I had appreciated how many school children used that route. And I was thinking more of adults um or people going there sort of as a destination to play if they were school age but not you know not necessarily on a commuting route. So, um there isn't um an easy alternative there uh for volumes of school kids. So, that's one I would like to hear more about. But I think that's something that we need to we we need to come away from this with some sort of either plan to further evaluate it or a revision of our decision whether or not it's just to um eliminate uh ebikes but let other bicyclists through or or all but class one uh ebikes something like that. I am certainly open to hear more from my colleagues on that um because I I think it's a quite a conundrum as to what to do on that front. And now that I have two lights, uh, I will go to Council Member Lowing. >> Okay. Thank you. [cough and clears throat] This has been such a massive effort for so many years and to see it come to fruition, particularly on our last night uh before break. Seems like everyone's getting to a finish line here on our bikes and and so on. So im immense thanks and um I wouldn't think of adding something something substantive to this but I also want to just point out areas that I really appreciated. It's extraordinarily strategic uh and comprehensive, but at the same time, you did a great job on coming up with very specific details and programs and [clears throat] you know where you say first of all strategically on back page 939 you say all ages and abilities bikeway system and you put that stake in the ground. It's for all ages and abilities and I really like that. put that on on U 967 here I thought was terrific where you put in a near miss reporting program you know not just that you're going to kind of take a look at it but there's a specific set of programming um that that you've done around that so that's what I meant by being both strategic and program detailoriented so to me that just raises the quality of this [clears throat] um that said to customer Lou's point there are going to be things that come up. Um, and first, you know, be assured, council member, that we're we're still going to do those things even if they aren't in this uh uh in this plan as we get into new neighborhoods and stuff like that. But yes, it should be incorporated every few years as, you know, version 1.1 and and so on. So, [clears throat] we're not going to back off on safety in in new neighborhoods because it hasn't made the the publication of this book yet. Um, so I'm just I'm just really impressed. Just [clears throat] back on Calav, I understand the constraints, but and and we're going to have to sort it out and maybe it is certain times of the day, but it I I understand the the debate, I should say, not the constraints. [clears throat] Um on that um the transportation official, chief transportation official said that if we go with no bike lanes, then we need more budget. And I didn't understand that because if there's no bike lanes, it seems like there's less to do. So if we went with the June one motion of uh last week, why would you need more budget after that? um because the the motion was to come back with a redesign and um we actually completed the we had we thought we'd completed the >> okay >> design. >> Okay. And alternatively, I think there's also 100% agreement that Cambridge is not ready for prime time. So in any case probably in addition to whatever we do on Calab, we might want to be doing something on [clears throat] Cambridge. But if we don't do it on Calap, then we have to spend some money on Cambridge to to make it safe and make it more more travelable around the the bad pavement and the cars and all that stuff that we thought about. So, um that that's another one of the considerations at this point for maybe allowing school kids, you know, 8 to five to come down there under five miles an hour. [clears throat] But just great job and glad to have it here to vote for it. Thanks, Council member Rectal. >> Okay. First, that one that affects me directly, the cross traffic across bike lanes. There's on Wilky Way, there are some culde-sacs that don't have stop signs and Door Dash drivers come out of there in the evenings and just blow across the bike lane. And I really think that every intersection on a bike lane should either um be a four-way stop or a two-way stop for the crossing traffic. I don't see any reason why they should have a rightaway to buzz through there because they don't stop and look for me. And so that's really dangerous, but actually a really simple way of adding safety, making a four-way stop. It's two signs. It's really simple. So I think we should look into that. Um uh the El Camino Way buffered bike lane. I like the idea that's really kind of tight, but there's parking is so tight over there, especially now after losing the parking on El Camino Riale that I think the neighborhood is just going to have a fit if you try to take away parking to add a bike lane. Uh what do you think of that? What's feasibility of adding a buffered bike lane on El Camino Way? For example, in El on Cambridge, we're proposing the same thing, but there's options for parking there. There aren't nearly as many options in El Camino Way. So short of us designing the project here, we would consider repurposing some of those parking stalls to ensure there's adequate room for the bicycle facility, but that is just a consideration among other design considerations. >> Okay. Yeah, cuz people use those parking spots and the parking is just so tight there already. So, um, so in general, I mean, I like buffered bike lanes. As council member Bert was saying, that buffered bike lane is much safer than a regular bike lane. So, I like the concept, but on areas where parking is tight, uh, I I worry about the implementation of that. So, okay. Um, next, Bryant Bike Boulevard from Embaradero to downtown isn't a bike boulevard, it's a car boulevard. It's the people coming down from 101 on Embaradero. They turn there and they go fast down uh Bryant. It is not safe. And so if we could put some modal filters in there, that would be really good. We have Bryant a block over. I mean a Waverly a block over. I think it's doable. And so I really think that's something we should look at because it's a bike boulevard and it should be safe for bikes. And there's it's a car boulevard today. We yeah we agree and as noted in the staff report Bryant Street Bike Boulevard is on the immediate next steps and pro processes a project is already underway to look at Embaradero to Homer and really make it a true bicycle boulevard because we've heard similar from um from residents. >> Okay, I applaud you. I missed that. Thank you. Um, another thing, bike theft, or at least the fear of bike theft is another reason that people don't bike. And uh, so for example, well, do we have good bike theft data? I've never seen any reports that show how many bikes are stolen in Belo. >> The police department would have that data and I don't have that readily available. >> I mean, I would think that' be part of this bike report, wouldn't it? because that a lot of people tell me that their kid wants to go up to Redwood City for a concert and he has to drive them to the Cal Train station cuz they're worried about the bike stolen. >> Correct. Bike parking is a part of this planning effort. We're looking at it more from a activity center and demandbased. Um however uh working with our partners in the police department that is definitely something that we can look at as a part of that process. >> Okay. I do like the the bike hub at uh the Cal Train station. I've heard very good things of people who use that. Uh can we expand something like that elsewhere in commercial districts or >> God? >> Uh so we're part of the city's recent discussion on the new parking garage on Hamilton. Uh the design does include a bike room of sorts similar to what you're referring to. >> Yes, I would love that. So, please keep that in the design or at least considering in the design. >> Um uh any plans for daylighting areas? So, we'll have this extra area that you could have bike parking there. You could have bike rentals. Do we have any plans or plans to study that? >> Sorry. Sorry. You mean daylighting as in the corner daylighting? >> In the corner daylighting. By state law, if you have a daylighted area, you can use that for bike parking. >> Oh, yes. Yes. So, I think in um that is the plan. >> Okay. >> Um we don't have the staff for it right now, but we'll be able to soon. >> And the plan is to is this just downtown or this all over the city? >> So, the plan in terms of the daylighting is to focus first on school routes and bike boulevards. And where it's appropriate, we would consider adding bike parking. >> Okay. >> Y >> that that is good. That's a good use of it. It doesn't block the line of sight and bike parking is always good. Uh and the last one is uh a lot of maps were in there. None of the maps show the Bryant Street community center. They show the all the other community centers, but they don't show Brian. So, if you can cut and paste and throw a little bubble on that. Okay, that's all. Thank you. Anyone else? I think these folks need a vote, right? >> Council member Bert. >> Yeah. So, we've gone through some things that we may want to propose that be edits. Um, in terms of the process, uh, would if we have a set of amendments, are those then able to get folded into the plan and that would be the right recourse? >> Yes. Yeah, we can. You can, um, propose to adopt with specific amendments. >> Okay. >> Um, I'm ready to make a motion. >> Uh, so I would move adoption of the bike plan with the following amendments. And I guess on the first one um what's what's in the plan right now on Calab, we gave this other direction. Is that in the plan? >> No. So the the plan right now assumes that there is bike access along Calav. >> Okay. So I'll add that supplementally as just a direction not necessarily explicitly in the plan but kind of follow up to our previous meeting. >> Yeah. >> Okay. So, um first um to uh evaluate um extension of the two-way bike track between on middle field between Calav and Garland. Second to and I'm I'm saying evaluate. I don't know if that's the nomenclature you want in the plan, but I'll let you decide that. Okay. Uh second um to look at um uh safety improvements in the uh at the uh new embarcodero intersection. um area. Third, to add the language that Penny Elson suggested on the um in the San Antonio uh station area to add the Cal Train station specifically. Uh next to add the payback language or something equivalent to it uh that clarifies uh what staff has already embraced on the interpretation of T-4.1 regarding filters not being closures. Um and um then to evaluate um stop sign or other protections when roadways cross bike boulevards and council member Rectal, was it just boulevards, not lanes as well? You said lanes, but >> Oh, I meant just bike routes. Okay. Bike routes and and that because it's an evaluation, it's not a hard and fast rule, but just to prioritize that. Um, and I think that covers it. I did want to just note one of the dilemmas, mayor, on, you know, you talked about, well, can we regulate class two or three? That's the problem. The state doesn't let local jurisdictions do those carveouts. Um unfortunately although the state is going to >> tighten that well and even the the state legislation uh this session uh is not addressing that either. They're embracing tightening up the rules on what is a class three basically. Um so I think that captures the um changes that I would propose. Did you want to say something else about protected bike lanes? At some point you mentioned class one and class 4 and >> Well, let me ask staff on that. Um, to what degree would you characterize the plan right now as moving us away from sheros and unprotected painted lanes to protected either class one or four or lanes [snorts] with buffers. >> And that last one, I'm not sure, is there? So I think that the last time that we came to council or maybe it was the time before um some of the direction was to lean in on the quiet streets. So we're focused on the bike boulevards which we think is cost effective there. There would be sharers but they would be in conjunction with other things to slow down the traffic the the motor vehicle traffic um and then focusing on where they cross uh the high injury network. Um there are a number of projects also related related to protected bikeways on those larger streets, but that's not the majority. >> This plan does uh address um protected lanes either class one or four more than we have in the past. >> Yeah. >> Oh, and I realized there's one other area that I want to comment on, which is the um the I guess class one off-road, right? um uh between uh between Stanford Research Park and the back of Chamalus. Uh and there's concern by neighbors there of intrusions and safety. I just want to say that that it doesn't have to be in the plan, but that I want to get out on the record that I would be supportive and I don't see any reason why that off-road path couldn't be up against um the the north edge, the commercial side, so 30 ft away or so from their back fences, and have a fence on the south side of the path that would make it secure so that their concerns over security into their backyards are addressed. So I I think that is something that would be logical and I would support on that path and it has lacked a name. I would I was stumbling and we keep calling it different names. Um I was thinking perhaps something like uh the Matador uh connector uh route um or something to that effect, but it needs a name that is descriptive and uh and suggests what it accomplishes even. That's I think all I had. >> We tried uh calling it the Bullpark Path extension, Chamala's Drive easement. Um but we'll give that a little more thought. Thanks. >> Yeah, ask Gemini. I probably have some good ideas. >> Yeah. >> Do we have a second? >> Second. >> Okay. Uh do you want to speak further to your motion? >> I don't. Thank you. >> Thank you. Do you want to speak to your second? No. >> Okay. Council member Lou, you had some comments. >> Uh, well, I was going to make a very similar motion, but I just have one question or a question and then a comment uh on the motion just so I can understand the point about the two-way bike track between Milfield between Kal and Garland. I see how that basically goes on the immediate south side of Green Middle School, but then on California Avenue on the immediate north side of Green Middle School, there is a protected bike lane in a little wiggle from a semi-protected wiggle from Middlefield uh or from Calav to Middlefield to North California Avenue. So >> I am probably just blanking about what the purpose of the garland is if it's parallel like one block or less than a block. >> The answer is um if you're attempting to utilize the Ross Road bike and the pedestrian signal that crosses or Oregon, um there's not a direct route to get to it. >> Ah oh yes. Okay, got it. And this yeah, >> at least on middlefield, this makes it safe. I don't know what the original plan was on how to deal with the Garland intersection, but there was a plan of sorts. >> Right. Okay. Right. Yes. And I can see how organav is just not good at all in that context and how Garland is the right way to Yes. Got it. Um, thanks for clarifying that uh and reminding me of that. Um, I'm also curious if you'd be open to accepting some of the payback language around uh uh bicycle friendly street design as a default as a city uh constructs or modified roadways. That's attachment B. Uh it is, I'll admit, not necessarily the most specific policy. Uh but I don't think it's really necessarily fully encompassed just by the city's complete street policy. I think um uh having some element of >> street guidelines thinking about widths thinking about sightelines as we repave and renovate streets uh is >> can be done in a loweffort high return way where at minimum for example when we repave and reconstruct new streets we can think about things like daylighting which may not have may not otherwise be a policy directive >> so I think that's a if you're open to it. something that I'd >> so um yeah Alan Wtel in his note to us made the point that um comp plan policy T-3.5 does state um language like um I think we would support um and then staff has made the points in response to payback that we do already have the city's complete streets policy addressing it. But then Allan says, "But that policy is not referenced in the bike plan." Is that correct? >> We'll need to double check on that. Uh, however, it's a existing city policy that we would follow like other policies. >> We This is the bike plan. if we got if it's a a critical part of what we're saying is our whole vision and plan, we ought to at least reference it. And I think that would so I would I would add uh what uh Council Member Lou was asking about, which is um the payback recommendation on um referencing uh the complete streets policy within the bike plan. Is that >> uh yeah, including bicycle friendly street design, the payback recommendation on bicycle friendly street design, I suppose. >> Okay. And both those things, the the complete streets policy and the bicycle friendly street design. And I'll just say that I'm now recalling that the argument that was made there is that we want to look at safe bicycle streets even uh when we're not specifically adding bike lanes or those particular measures but through paving or various different measures. were just conscious of um uh uh the bike safety of streets even outside those targeted areas without stipulating particular outcomes. >> And maybe one last question about the motion um uh by default because it does not mention uh the Calav close street portion uh we're sort of continuing the course. Do we need a separate motion or a separate discussion or how will we come back to the ideas of >> so I thank you for bringing that up. So these things are additions to and then in addition referral to staff to uh examine um uh uh uh safe slow biking on Calav being reconciled with conflicts from uh during peak pedestrian hours and with uh motorized bicycles and then I think you've kind of got some sense of considerations that we're now tossing out there. >> Sounds great. All right. Thank you. I think the motion does need to be does need a couple updates, but >> yeah. So, for number six, I think that was >> um the complete streets. Oh, there we are. bicycle access to San Antonio station. Yeah. >> Sorry. Mah, were you going to try and capture the calav just a referral to staff as opposed to these others being changes to the plan? >> Under number three, you can drop the rest of the sentence after to at the cow train station. There we are. Oh, and actually you can drop area as well. And then do you have wording? Maybe you can center the wording from number seven. Um, >> so that's for a separate one that the referral is for Cal A not for middlefield. So seven would be refer to staff uh evaluation of uh reconciling uh bike access particularly for school and other commutes with pedestrian safety. um during peak pedestrian use hours or particularly within that [snorts] [sighs] and I guess maybe it if it's helpful uh to add the council uh uh supports PAUSD pursuing restrictions on class 2 and three ebikes. >> I'll say we did have discussions in the city school leaison committee about this and both members we have been supportive uh the police >> but this gives the council the point here is this gives uh >> on the record that the council is >> Yeah. Yeah. Yeah. and we're excited with the school district's direction and >> that's great to know. So, if the city attorney is okay with that, then seconder, are you okay with that? >> Yeah. Uh, at the end of seven, can we say including the possibility of time of day restrictions? >> Yeah, I'd be fine with that. So the end is seven including the possibility of time of day restrictions [clears throat] >> if if I make >> to refer to calv >> calv. Yeah number seven should say should start with >> access along calav. Yeah. >> For reconciling bike access along >> all of seven is related to Calv. >> Um the carfree portion. >> Sorry. Carf free portion of calf. Yes. >> And number one should say on middle field not between middlefield. >> Oh yeah. >> Yes. Thank you. >> And get rid of the middle field. Get rid of the between >> the between before Milfield >> before >> first one. Keep going to the left. >> Y. >> Yeah. Okay, colleagues are good. >> I'm I'm good. >> Staff is good. Clerk is good. >> Number number six still says pay back, but I think you want the acronym. >> Oh, yeah. >> Oh, [laughter] >> yeah. Auto crack. >> I don't know. That looks better. >> Council member Lowing. >> Yes. >> Council member Lou. >> Council member Bert. >> Yes. >> Council member Rectal. >> Vice Mayor Stone. >> Yes. >> Mayor Vinker. >> Council member Lithmes. Yes. Motion carries unanimously. >> Wow. Yay. Yay. [applause] All right. Well, colleagues, bear with me for one more moment as we conclude. No, one more moment. We got a lot done tonight and in all our meetings this month. So, thank you. Our next meeting is on August 10th, and I wish each of you a very pleasant council break. But before we go, I want us to close I want to close us out in accordance with a very good idea that council member Bert had a couple weeks ago, but which I had forgotten by the time that very long meeting ended. So it is my pleasure to adjourn this meeting in memory of longtime PaloAlto resident Clarence B. Jones. He was Martin Luther King Jr.'s attorney, speech writer, and close adviser who is probably best known for having secreted Dr. King's famous letter from Birmingham jail out of the jail and distributing it. He also helped write Martin Luther King Jr.'s I have a dream speech and was a scholar at Stanford University. I am and uh I I know Council Member Lithcott HS perhaps others of you saw him less than a year ago uh on July 17th at a rally right here at City Hall's King Plaza and it was an honor to have him in our midst. So in his memory we are adjourned. Have a good summer.