The City Council will hold a study session on automated license plate recognition technology, then act on a consent calendar including contracts for utility boxes, software, and parking enforcement. Key action items include adopting the CDBG annual plan, approving outdoor activation standards and parklet plans for California Avenue, and receiving updates on the Downtown Housing Plan under SB 79 with temporary ordinances.
✓ Decidido: Council holds study session on automated license plate recognition technology
The City Council held a study session regarding the use of Flock Automated License Plate Recognition (ALPR) technology by the Palo Alto Police Department. Police Chief James Reifschneider presented the system's capabilities, benefits for criminal investigations, and existing privacy safeguards. Public comment included support from law enforcement and business groups, alongside opposition from community coalitions citing privacy concerns.
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Transcrito automáticamente del video oficial de la reunión (voz a texto — puede contener errores).
going to call to order the Oh, we're not ready. One moment. [laughter] I caught you by surprise. >> Recording in progress. >> Thank you, Madame Clerk. Good evening. I'm going to call to order the June 1st, 2026 meeting of the PaloAlto City Council. Madame Clerk, would you please call the role? >> Of course. Vice Mayor Stone >> here. >> Council member Bert >> Mayor Vinker >> here. >> Council member Lithods >> Council member Lou >> here. >> Council member Rectal >> Council member Lowing >> here. >> For the record, all present. >> Thank you. It's hard to believe we're already in June, but that means that tonight is the first of our last three meetings before our council summer break. So, our options for adding a meeting are very limited. So, hopefully we can get through all the city's work uh in these three meetings. Assuming we do, our last meeting will be two weeks from tonight and we will recess um formally although the work continues uh just not on the deis and we will reconvene on August 10th um because of the unusual 2026 calendar where there are five Mondays in August which is somewhat rare. Combined with the first Monday in September being Labor Day, we are moving our three August meetings to the 10th, 17th, and 24th so that we avoid having a 3-week gap between the August 17th and September 14th meetings. So, speaking of it being June already, I am delighted that June 1st fell on a Monday so that we can start the month with a very special proclamation. So with that we will move to our first item special order of the day and I just want to briefly say that >> all right [laughter] we are being joined by some people. So the city has done proclamations in the past celebrating the LGBTQ plus community and declaring June as pride month. But this year is very special because PaloAlto is holding its very first Pride celebration this Sunday here on King Plaza at City Hall. And we hope you all can join us from 3 to 6:00 p.m. because it's about time that we celebrated this community and committed to keeping them safe and creating a sense of belonging. [snorts] So, I would like to first thank the youth who spearheaded this event and the adults who supported them from YCS and other organizations. It has been an absolute joy and a privilege working with all of you and with council member Lithcott HS in the planning meetings that I could manage to get to. So, would any of you on the planning committee who are present please stand so that we can thank you? I see a few. All right. Thank you. so much. [applause] And to celebrate, we have ordered a new updated inclusive interex flag that has been placed on the day today for the first time to celebrate Pride Month. And we will be raising the new flag at the celebration on Sunday. So, I'll have more to say then, but for now, I would like to ask my colleague, Council Member Julie Lithcott Hayes, to please read the proclamation. >> Thank you, Madame Mayor. And if I may make one slight edit to your comments. The Sunday event is actually 2 to 5, not three. You're welcome. >> All right. Proclamation honoring June 2026 as LGBTQIA plus Pride Month. Whereas the first Pride parade took place in New York City on June 28th, 1970 on the one-year anniversary of the Stonewall uprising, inspiring similar parades and events across the country during the month of June. And whereas in 1999, June was declared as gay and lesbian pride month by President Clinton, formalizing a decadesl long tradition of honoring and celebrating the LGBTQ plus community. And whereas the city council of the city of Palo Alto recognizes and proclaims the month of June 2026 as Pride Month to affirm that people who identify as LGBTQ plus are welcome in PaloAlto to live, work, and play and to commit to supporting visibility, dignity, and equality for LGBTQ plus people in our diverse community. And [snorts] whereas PaloAlto will observe Pride Month with its first Pride event on June 7th, 2026 to honor the history of the LGBTQ plus movement and to support the rights of LGBTQ plus citizens to experience equality and freedom from discrimination. And whereas the interex inclusive progress pride flag builds on previous designs to maximize intersectional representation and is currently the most accepted standard as a symbol of pride, inclusion, and support for LGBTQ plus people. And whereas all people are born equal in dignity, rights, and worth. And the city of Palo Alto calls upon the people of this community to embrace this principle and work to eliminate prejudice toward LGBTQ plus people everywhere it exists. And whereas LGBTQ plus individuals have had immeasurable impact on the cultural, civic, and economic success of our great city and celebrating Pride Month enhances awareness, support, and advocacy for both Palo Altos and the broader LGBTQ plus community and is an opportunity to take action, engage in dialogue, and strengthen alliances to build acceptance and advance equal rights. Now therefore, Vicky Vinker, mayor of the city of Palo Alto, on behalf of the entire city council, does hereby proclaim the month of June 2026 as Pride Month in support of the LGBTQ plus community. Be it further resolved that the Interex Inclusive Progress Pride flag will be raised in the council chambers on this day, June 1, 2026, and in King Plaza on June 7th, 2026 to celebrate PaloAlto's LGBTQ plus community and to affirm PaloAlto's commitment to ensuring that all LGBTQ plus persons feel safe and welcome here, whether they live in, work in, or are visiting Palo Alto. Thank you, council member. [applause] Is there anyone who is on the planning committee would like to say a couple words? If so, you are welcome to. If not, oh, please. That's Iris. Yeah, if you can come up to the podium and thank you. >> I was expecting to speak during public comment, but I I'll keep this short. I would just like to say as a member of the queer community and as one of the youth that was in charge of planning this event, I'm just so grateful that we were able to get this event going before I left for college. I think that this has been really inspiring to a lot of youth that I know they really do appreciate how much the city has listened to them and they really just appreciate feeling heard. I think especially with like the federal government treating us like marginal marginalizing us as a community, I think it's great to know that decency and empathy is still alive and well in Palo Alto. So, thank you very much. [applause] Thank you. Anyone else? If not, uh we'll take a photo and invite anyone who uh participated in the event and wants to join us to come on up to the DAS. Iris, if you and others Michelle [clears throat] technology. [laughter] So they wanted to make a sign. and style two. >> Thank you. And with that, we'll move on to agenda changes, additions, and deletions. Mr. City Manager, are there any? >> There are no changes this evening, mayor. >> Okay. Excellent. So, we'll move on to public comment on matters not on the agenda. Madame clerk, uh, do we how many speakers do we have? >> We have two requests for speak for to speak for items not on the agenda. >> Okay. And our first speaker is Iris B. [snorts] >> I was actually just about I was actually just about to ask if I can be taken off the guest speaker because I already just spoke. So, if you could do me a favor and just take me off, that'd be great. >> Our next speaker is David C. >> Hello, mayor and city council. My name is David Cole. I'm with Carbon-Free Powalto. I'm following up on a letter I recently sent to the council and the UAC regarding the Bueno Vista utility upgrade. Um, in the initial project for Bueno Vista, it was to be all new and all electric. And now with that project fading away for they didn't really say um they're going to at least do a utility upgrade. Um this utility upgrade will include the gas utility. This is misguided and needs to be redesigned to be better for better protection of the residents health safety while reducing ongoing future cost and the re and the reduction of greenhouse gas emissions. Uh the project should be fully electric as originally planned. While the current dual fuel approach may seem practical on the surface, it will ultimately increase long-term cost for both residents and the city. Furthermore, it places undue financial burden on the community members who can least afford it, perpetuating historical inequities of lowerincome folks, even if they're on rate assistance. That means the rest of us rateayers will pay for this which is a stranded asset that's being installed as a temporary measure. Uh the grant should be enough to cover for all electric appliances and then we would reduce the cost replacing those appliances later with the air district rules that are coming shortly. and um to get gas out of a mobile home is a really big safety issue for health and fire and carbon monoxide and everything else. I'm not sure how the city overlooked this with all the attention we pay to health and safety and greenhouse gas emissions. Um this needs to be revisited. Thank you so much. >> And that concludes public comment for items not on the agenda. All right. Well, thank you very much, Madame Clerk. Uh, we will move on to council member questions, comments, and announcements. >> Who came on first? Council member Lowi. I just want to say one more time, congratulations to Chief Rashnider, our new chief, where he was uh sworn in on Thursday afternoon with a huge crowd of uniformed uh police folks from from all over the place. Uh it went very well and um now he can make all the decisions he wants because he's official. So uh it's a great event. Thanks. Congratulations, >> Council Member Bert. >> Um so thank you. I'd just like to um recognize a really outstanding event that the Palo Alto Community Foundation put on last week uh which was really focused uh on youth mental health and well-being. Uh there was an outstanding uh uh panel of members of primarily youth members of our community chaired by Dr. Shashant Johi. uh and it really had just wonderful insights and the community foundation announced a matching grant uh toward uh funding of the Al Cove Center uh $25,000 matching grant on top of the $100,000 contribution that they're making as an organization. So community members um uh hopefully will step forward and and um exceed that goal. And then lastly, um I want to uh recognize and ask that we can uh adjourn the meeting in the memory of Clarence B. Jones, who was one of uh we were fortunate to have him as a member of our community for a long while, but he really uh was the last living uh member of Dr. Martin Luther King's uh strategic adviserss. He was his personal attorney for uh many many years and his principal speech writer. Um I I there was um a recent documentary calling him the baddest speech writer in the world. Um and um it was really a blessing to have him in our community to inspire our youth um over a a good number of years and and um it's a great loss. Council member Liths. >> Thank you, Madam Mayor. just to continue our uh conversation about uh it being Pride Month. Uh wonderful proclamation uh issued today. I just want to thank everybody who's played a role uh from city staff who've worked tirelessly to our youth who have really led the way to a number of volunteers from community organizations or representing themselves in the effort. It has truly been an all hands-on deck approach. Um the event will be on Sunday from 2:00 to 5:00 right here at King Plaza. Hamilton will be closed between Bryant and Ramona so the crowd can gather safely and in big numbers. Be a lot of organizations tableling there. There's going to be live performances uh both uh music and dance and drag and um uh I think it's going to be a very special for our first event. I do want to acknowledge our sponsors. Couldn't have done this without the folks that came through to support it financially. Uh starting with the city uh Palto Recreation Foundation, Palto Weekly, Stanford Medicine, Koopa Cafe, Jennifer Drienza and Jesse Dor Doragusker, Grocery Outlet, PaloAlto, Kaiser Permanente, Palo Alto Community Fund, Rivian Society of Hearts Delight, Stanford University, and Sutter Health. And the other thing I was going to mention, unless the vice mayor was going to mention his ribbon cutting, Try it. >> Good. No, you do it. >> Good. I'm glad it happened and now let's hear about it. [laughter] >> All right. Well, thank you, Council Member Liths, for uh all you've done on the Pride event and for giving uh the thanks to and gratitude to all the people uh and sponsors. With that, Vice Mayor Stone, what were you up to while I was away? >> Well, [laughter] thank you, Madam Mayor. You kept me busy, so it was fun being able to fulfill my my limited vice mayoral duties. uh and appreciate council lifts for the assist there. So, I'll start then with that. We had a wonderful ribbon cutting ceremony for Thursday live that just kicked off this past Thursday on Calab, our new event series down on California Avenue. It was really good turnout. We got very lucky with the weather. the rain cleared and it was just gorgeous skies and a lot of I think just a lot of energy and excitement for the reactivation of the space and anticipation of the summer summer months coming up and I believe the next one will be on June 25th. So come on out and celebrate then and another well there was no ribbon to be cut. at uh at the two weeks ago at the we kind of said goodbye to the new road bridge uh as we embark on a about a a year-long process of replacing that about 115year-old bridge and that really is the kind of the first step in the reach 2 project and so I was happy to speak there and represent both the city of PaloAlto and the San Francisco Creek joint powers authority that I chair. Uh, one kind of also announcement from the JAPA last Thursday. We just approved the safer bay project that has been uh, many years in the making. So, appreciate the city staff that has worked on that in addition to the the JPA. And just finally, big congratulations to all the graduates that we're going to see in the city both from Pali Gun, our middle schools, and everyone else who's graduating mostly at the end of this week. So, uh, exciting week ahead and yeah, back to you, Madame Mayor. >> Well, thank you, Vice Mayor. Um, as I announced at our last council meeting, I left directly from that meeting to travel to our sister city of Lynchaping, Sweden. Uh, I was a couple days behind our delegation since I wanted to be present for as much of our meeting on that Monday as possible, but it was still an absolutely magnificent visit. Uh, as some of you know, the city is about twice as big as ours, but has more than 10 times as many council members. 79. Can you imagine? Their chambers kind of look like ours, except that the 79 council members sit out there and the public sits up in a balcony. And unlike our nonpartisan council, they use their party identities and they have seven. So if they can get the job done with seven parties and 79 council members, I am fully confident that we can too. Um no, it was it was truly uh wonderful to share best practices and learn about some of the innovative interesting things they do. Uh the the univers they do they have a a a civic corporation that does a lot of things including housing and they support the local university with uh housing efforts. actually got a tour of that university that does a lot of innovative sustainability things. Uh and the city of course has some very cutting edge practices. Um I won't go into them now, but uh it was lovely because Christine Long, our uh sustainability director here at the city was there on her own uh uh I don't know what what we call it, maybe the city manager will speak about it, but uh her own um set of meetings uh to share best practices and learn. and I know she was as excited as I uh about the things that they're doing in lingaping that uh inform and can uh help us here. Uh so anyway, so that was quite a quite a a wonderful trip. Um and that's all I have. So, seeing no more lights, we will move on to our study session on ALPR and I will turn to staff for a presentation. Uh, chief, will that be you? I'll start with the city manager. Looks like >> yes, I was just going to say we have our police chief join us. Okay. >> Welcome, Chief. >> Thank you. Uh, good evening, Madame Mayor, Mr. Vice Mayor, Council, uh, James Rifder, Police Chief, and I'm here to present the study session on Flock automated license plate recognition technology. Next slide, Madam Clerk, when you're ready. So, just an agenda of what we'll cover in the study session presentation. First, an ALPR overview. uh some information about PAPD's use of ALPR, legal considerations, a flock timeline, some updates about Flock, some updates about PAPD's own policies, regional use of Flock, uh some information about our the status of our current contract with Flock, as well as the uh forthcoming report from the independent police auditor. Next slide, please. So, first with regard to ALPR, it's uh important that we all have a a same kind of baseline understanding of what it is. Uh ALPR technology uses a combination of cameras and software to scan license plates pass of passing vehicles. And then these computer readable images allow law enforcement to compare plate numbers against plates of wanted vehicles, vehicles associated with wanted persons or vehicles associated with missing and endangered persons. Next slide, please. So what information is captured by ALPR? So a sample ALPR image from Flock is depicted on the right side of the presentation there. A fixed ALPR system is designed to capture license plates and basic vehicle characteristics. Uh the picture to the right is a typical image we would receive in response to a flock uh photograph. Uh it is also date, time, and location stamped. They're placed in high volume traffic areas with an emphasis on city ingress and egress. Next slide, please. So what information is not captured by flock? So PAPD has located and oriented our ALPR cameras specifically so that they're capturing images of rear license plates on public roadways, not vehicle occupants or pedestrians. The Flock Falcon ALPR system does not capture the name, address, or personal information of the owner or occupants of the vehicle. According to Flock, as well as my own extensive experience with the system, the Flock Falcon ALPR system does not use facial recognition software, it does not log human characteristics, for example, age, race, or gender of people. And as you can see from a screenshot of the Flock ALPR search uh fields on the right hand side, you'll note that all of those fields concern dates, locations, and vehicle characteristics. You'll note that there are no options there to search for human related characteristics. Next slide, please. So, what are the uses and benefits of ALPR for law enforcement? So, really the bene the uses fall into two categories. Proactive, which I'll refer to as our real time alerts. So, that's when a vehicle passes by one of our cameras. It's a known wanted vehicle. It's a vehicle associated with a missing person. and our dispatch center as well as our officers in the field receive a real time audible and visual alert that a vehicle's been seen at a particular location and they can direct their attention to that location. There's also a reactive use investigative in other words uh and that's where our officers or detectives are using the searchable database of ALPR data often overlaying data that's been captured by PaloAlto's cameras with data that's been captured by cameras in our neighboring jurisdictions and using that overlaid data to put together the puzzle so to speak and connect cases and identify suspects. Real-time alerts uh allow us to act with a force multiplying effect in that with our diminished current staffing. It allows us to direct attention to places where we know wanted vehicles are uh it also allows us to increase efficiency in that regard in that we're pointing resources at known issues. It also has a deterrent effect in that even if our officers are directed to a location and the vehicle they see either takes off and we're not able to stop it or sometimes we don't even see the vehicle, it may see us or even if it flees from us, we've deterred a crime that day. So, it puts our officers in a position to be impactful. It also helps us solve crimes already committed using the network effect of regional coordination. Uh it is a key piece of the of the ALPR puzzle to be able to collaborate with our investigative partners at other agencies in the region because what we know is that folks who are committing burglaries in PaloAlto are also committing burglaries elsewhere. Folks that are committing violent crimes elsewhere are also committing them in PaloAlto. And so the fact that we can easily share data between investigators is an important piece. Next slide, please. Here's a uh few examples uh illustrative I think of the types of cases where the police department has had success in the use of flock. Uh we recently used flock data to quickly locate and arrest two suspects in a Palo Alto armed robbery that we later learned had just committed an similar armed robbery in East Palo Alto only minutes earlier. Uh, we also used Flock, a Flock real-time alert to locate and arrest a suspect that was wanted in a shooting homicide in another Bay Area agency. We identified and located suspects responsible for literally dozens of home burglaries in multiple Bay Area cities and multiple Bay Area counties, including multiple overnight occupied residential burglaries right here in PaloAlto. Similarly, we used Flock data in collaboration with other agencies to identify commercial burglars that were responsible for a series of downtown restaurant burglaries. We've also used Flock real-time alerts to intercept a number of numerous uh excuse me, a number of known organized retail theft suspects in route to our shopping centers and downtown business districts and make arrests and thwart thefts on those dates. Uh, one thing I want to point out that I think many don't necessarily associate with flock is the use of flock in noncriminal cases. So, we have multiple instances where we've been able to use flock data to track the movements and ultimately safely locate uh an elder who was a uh an endangered missing person, had cognitive impairment, had taken a vehicle without their family's permission, and was a danger to themselves and others on the road and were in fact lost. Um, we that's happened more than once and just recently we used flock data to locate a teenager who'd been reported missing by their parents after making threats of suicide. Um, a few stats for you uh with a caveat I'll add at the end. Uh, since 2024, we've identified at least 130 cases where flock data has played an important evidentiary role in identifying and arresting suspects. Um, there are more cases where flock has certainly been used, but those are cases where I can point to flock being a key piece of evidence that got us off on the right foot or in fact in some cases was really the only evidence we had to start with an absent flock, we would not have been able to solve some of those cases. Um, year-to date in 2026 versus the same period in 2025, residential burglaries are down 13%. Autobergs are down 24%. Uh, we we've seen a 27% reduction in total thefts uh measured in dollars since 2024. Now, I recognize that some of these reductions have multiple factors that are contributing to these. Um but I can tell you with confidence that I do believe flock is a contributing factor and a significant one. Next slide please. So there are obviously legal considerations and legal concerns about flock. Uh here in PaloAlto we have a municipal code that governs the use of surveillance technology of which ALPR is one. As a result we have a council approved surveillance use policy that's specific to the department's use of flock ALPR. Then at the state level, there are state laws that in part uh prohibit outofstate sharing of ALPR data and prescribe criminal penalties for staff or officers who improperly authorize or excuse me in uh excuse me in an unauthorized manner access or use ALPR data. Next slide please. So what are the components of that ALPR uh surveillance use policy approved by council? A few high points. Uh just like any other criminal database, an officer or dispatcher needs to have a need to know and a right to know in order to query any of those databases. Every person who is an authorized and trained user has an individual login which is captured uh associated with any specific query and we control with whom our data is shared. Our local law enforcement contacts or who we share our data with and we do that via individual with agencies from nearby counties. Uh we retain our data for 30 days unless the data has been flagged as specifically related to a criminal case. Uh you may recall that when we adopted our surveillance use policy, that 30-day retention policy was by far one of the shortest of any agency in the state. Uh what we've seen over the last couple of years is that best practices have actually moved to meet much closer to what we chose to do back then. So I think that's an indication that we were trying to do the right thing. Um, as far as auditing, we are all queries are logged and auditable and we have a compliance officer responsible for doing those audits. We'll talk more about that. Next slide, please. Here's a brief timeline of Flock in PaloAlto. Between April and November of 2023 is when our first PAPD flock cameras were installed. In mid 2023 is when Flock activated a nationwide lookup feature for all of its law enforcement customers. That feature allowed users to search a combined data set of all agency users nationwide, which uh accounted for more than 6,000 cameras. That particular type of search was only permissible with a full sevendigit license plate. So in other words, you could not search that database with partial plates, vehicle descriptions, etc. You also could not perform a targeted search of any specific agency. In October of 24, Flock disabled that feature for PaloAlto PD, and by early 2025, it had been disabled for all California users. Between January and March of 25, 10 additional flock cameras were installed here in town for a total of 30. In December of 2025, PaloAlto PD first learned of the activation of Nationwide Lookup. Next slide, please. So, what did we learn about Nationwide Lookup since then? So, we did learn that Palo Alto PD had been included along with those other 6,000 uh 6,000 others in the overall nationwide data set. But what we also found was that no PaloAlto PD was actually received by any outofstate or federal agencies. So to put a fine point on that, at any given time, an agency that performed a search of that overall data set in theory could have received data if PaloAlto had during the 30-day retention period any data that was responsive to that query. But we did not. And I think that our success in that regard or some might say luck in that regard is partially attributable to the foresight we had to have that short retention period and also to have a limited number of cameras that were placed in strategic areas. Nonetheless, uh we did do a review of our network audit logs which showed no searches performed by ICE or Customs Border Patrol or Homeland Security for any per purpose. No searches by any agency appear to be associated with immigration or reproductive care enforcement. No targeted searches of PaloAlto data by outofstate or federal agencies. And no searches by out of state or federal agencies after the feature was disabled in October of 2024. Next slide, please. So what did Flock do since then? uh they have increased staffing and resources in compliance with specific emphasis on state specific legal compliance. They've improved the functionality of their of their search auditing to make it easier for agencies to do audits and also to customize the type of audits we want to run. They've improved the information they're providing to customers as the product is updated. user settings and changes to user settings are now logged and communicated to the customer. They've also added some restrictions disabling as I said the nationwide lookup for California agencies prohibiting any sharing between California and non-C California agencies even byou filtering and blocking prohibited searches and also requiring a standardized FBI neighbor case type for all searches by any agency. Next slide please. What have we done at the PaloAlto PD level? So, we've augmented our organization audits which cover our own users with network audits which cover the activities of outside agency users. We've increased the frequency of those audits. We're now performing them monthly rather than quarterly. I'm not aware of any agencies doing auditing at that cadence. Uh, we are also the only agency of which I'm aware that is choosing to proactively publish monthly organization and network audits to our website for the public to see as well as having published all historical organization and network audits dating back to our uh launch in 2023. Next slide, please. Regional use of Flock. More than 300 law enforcement agencies in California are currently using Flock and there are really no there is really no other fixed ALPR vendor with any significant market share in the state of California. Since 2025, there have been nine California agencies, 3% of California agency users that have discontinued their use of Flock. Nearly every Santa Clara County and Bay Area law enforcement agency currently uses Flock ALPR cameras. Numerous Bay Area cities have recently re-examined their use of flock for the same reason we're conducting this study session tonight. With that, councils in San Jose, Sunnyale, Los Altos, East Palo Alto, San Francisco, Oakland, Richmond, and Berkeley have voted to continue their use of flock ALPR recognizing its value. Santa Clara, Los Gatos, Monoserino, Campbell, Militus, Gilroy, Morgan Hill, Menllo Park, Athetherton, and Redwood City have also continued their use without disruption. Mountain View, Los Altos Hills, and Santa Cruz have discontinued their use of flock, and the Santa Clair County Sheriff's Office halted a planned flock roll out. Next slide, please. So, here's a visual depiction of use here within Santa Clara County just to illustrate the ubiquity of Flock ALPR among our neighbors. Uh, you'll see here that the only two law enforcement agencies in the county not presently using Flock are Mountain View Police Department and the Santa Clair County Sheriff's Office. Uh, as I mentioned, the Santa Clair County Sheriff's Office actually never had flock cameras. They'd been approved for the installation of flock cameras. And in the interim concerns were raised and so they opted to halt that deployment and entertain other vendors. Next slide please. So questions about the current status of our contract. Uh when we added 10 cameras in late 2024, we consolidated all 30 cameras into one 5-year contract which has a term through December of 2029. on [snorts] an annual basis for the next three fiscal years. It cost $93,500 with onethird of that cost in the next two fiscal years covered by grant funding from state DOJ. Uh our contract as currently constructed includes both a clause for termination for convenience and a clause for termination for cause. Next slide. And lastly, I want to address and provide a slight update on uh the work of the IPA. So, Flock has uh repeatedly engaged with staff and has assured us they will fully cooperate with any information sharing needed for any audit and has consistently inquired about the status of this audit since we first discussed it in January and February of this year. As you may recall, the city auditor is unable to perform the audit due to a perception of conflict. So as a result, we've turned to the independent police auditor OIR group who has agreed to take this on and produce a report which will contain an operational assessment of flocks policies and procedures around a variety of topics as well as an assessment of PAPD's own internal policies and procedures. We anticipate being able to return to council with that report uh shortly after this summer break. With that, I will uh move on to the next slide, which I think is the conclusion. Thank you. >> All right. Thank you very much, Chief. We appreciate it. Um, I think I'm going to go first to public comment so that we can hear that and have that inform our discussion tonight. Uh, Madame Clerk, how many speakers do we have? I'm guessing along. We have four groups and uh that's a total of 49 with a total of 49 speakers including the groups. >> How many speakers not in a group? Um uh 24 sorry actually 25. Now there's another hand that was raised in Zoom to raise their hand so they know that >> Excuse me. You're out of order sir. Thank you. All right. Well, given that uh the four groups uh we will give six minutes to each group and one minute to each individual. And so, Madam Clerk, if you could organize that for us, I would appreciate it. Our first speaker is Austin M. welcome. >> Thank you to city staff for preparing the report and to council for this study session. These kinds of sessions are a vitally important component to our democracy. My name is Austin. I'm with Indivisible Palo Alto Plus and the broader safety over surveillance coalition comprised of 11 regional organizations, community members, and allies united in response to the revelation that our data was made available to out of state and federal agencies by flock. First, I want to extend an invitation to council, staff, and uh everyone to an indivisible Palo Alto Plus democracy forum event on Sunday, June 28th. It's called Who's Watching: Safeguarding Our Privacy. It will feature speakers with deep expertise on digital privacy and democracy, including Cindy Conn, recently the executive director of Electronic Frontier Foundation. We would love to have you come learn with us. Now for Flock. I've talked with many city council members and members of the public over the last year about the company. One question I hear often is about what our expectations can be about privacy in public places. The answer is complex and nuanced because when we drive, there's a difference between being visible to people passing by and being systematically tracked everywhere you go. Anyone on the street who sees me in one instance probably didn't see and record where I was a few minutes prior. But that's what Flock does. It observes, aggregates, and indexes my time in public. Flock knows where I live, work, shop, receive health care, worship, and with whom I associate. All of which would be considered sensitive, personally identifiable information in any other setting. I'm not suspected of a crime. Why does my trip to the supermarket earned me a spot in a government database controlled by a company that so recklessly disregards state law and indeed your own robust policies? My phone is different from ALPR cameras, too. I can choose to leave my phone at home or turn it off. I can run a VPN, maintain fine grained privacy settings, and delete data. I have no such controls with Flock. I can't consent to being tracked or opt to stay home. Social media and credit cards are both also my under my own control. In all these cases, my phone, social media, credit cards, any information that is collected about me is not available to the government or law enforcement without a signed warrant from a judge. Finally, I want to address Flock's business model. Despite assurances by the company that it does not sell aggregated data, Flock is fundamentally an AI mass surveillance company whose long-term value depends on monetizing our data. One way it does this is by curating a nationwide proprietary data set to train machine learning models which serve as a competitive moat. Investors like Peter Teal have poured hundreds of millions of dollars into this company, which will never be able to justify its absurd $ 8.4 billion valuation at the rate PaloAlto and every other customer pays for the cameras. You may have heard the recent news that the FBI is seeking a single vendor for a nationwide AOPR network of its own. The data, our data which the city owns will have been used to position Flock as the front runner at which point the city's policies and safeguards will be powerless to protect Palo Alto and indeed the broader region from federal overreach. Flock will finally have a customer with pockets deep enough to sustain it and Peter Teal will get his payday. For these reasons and more, we call upon the city of PaloAlto to put its values above corporate profits, choose safety over surveillance, and reconsider its relationship with Flock. Thank you. >> Our next speaker, [applause] >> yeah, I I I should have announced at the beginning of Thank you. Um no we uh we we during um uh sub substantive matters we don't allow allow audible responses so that all the different people people of all different viewpoints feel safe. So you can do this if you like it we'll see it but we don't clap or boo or comment. So thank you. >> Our next speaker is Cara S. >> Thank you madame mayor and council members. I am a 20-year resident of PaloAlto, an attorney specializing in municipal law, a co-leader of PaloAlto Plus's immigration rights action team, and a member of a newly formed coalition called Safety Over Surveillance PaloAlto. This consists of over 10 regional groups fighting for democracy, equity, and privacy. First, I want to thank the city council for conducting this study session and for engaging the police auditor. I would also like to express my appreciation for the PaloAlto Police Department and its leadership. My husband and I have raised two children here and have felt safe and protected. IPA plus has conducted several no kings day events and numerous public rallies and protests in PaloAlto and the to police department has constantly supported consistently supported our first amendment rights. I believe all of us here sincerely appreciate the work and dedication of our police department. Where we diverge is on the use of flock cameras. We are here to ring the alarm bell that proceeding down this path is filled with unintended consequences. Most of these concerns do not relate to the department's internal use of the cameras. Instead, they relate to the city's participation in the national mass surveillance network that Flock and similar companies are creating. Our concern [snorts] is that as the city dips its foot into this network, it becomes more and more difficult to extract itself. We are opposed to the continued use of flock cameras for the following reasons. Number one, guard rails are not effective. Despite a detailed surveillance use policy, staff training, and a carefully negotiated contract with Flock, federal and outofstate agencies were able to access PaloAlto's data for over a year without the department's knowledge. Clearly, the guard rails were not effective here. The municipal code contains a comprehensive surveillance use procedure that does not appear to have been followed. Section 230.680 680 requires an annual surveillance report be submitted to council containing, among other things, a description of how each council approved surveillance technology was used, including whether it captured images, sound, or information regarding members of the public who are not suspected of engaging in unlawful conduct, and whether and how often data acquired through the use of the surveillance technology was shared with outside entities. Um further when you have a national network valued on its ability to quickly share data among all users there is an increased risk of data breach share data sharing with unauthorized agencies and released by flock of the city's data. The ineffectiveness of guard rails was emphasized in the Berkeley city attorney memo referenced in my earlier letter to the city council. Number two, impact on immigrants. There is abundant evidence that the Flock network data is used by ICE and Border Patrol. Customs and Border Patrol had a pilot contract with Flock which permitted them to access data directly. Further public records requests show that ICE gained side door access by requesting friendly police departments to search on their behalf. This is what happened in Los Altos and Mountain View where public record responses showed search item terms such as quote ICE, quote immigration. It is likely this also happened in PaloAlto, but since the search term on the network logs was redacted, we can't confirm this. PaloAlto has a large number of immigrant contractors, restaurant workers, and other employees who must travel past flocks cameras to report to work. We hear over and over again how immigrants fear driving because of the threat of flock following them. Number three, FLAC Flock is quickly expanding its functionality. Flock was originally rolled out to small suburban communities such as PaloAlto as a way to find stolen vehicles and lost seniors, lost teenagers. It claims it claimed that their cameras only took photos of license plates without identifying a license plate or now searches can be made without identifying a license plate less incre thus increasing chances of false arrest. Flock's patent describes its ability to identify attributes of a fi of a vehicle without a license plate. The patent also touts the ability to differentiate characteristics of people such as race, gender, clothing worn, and estimates of height and weight. Other AI models developed by Flock are especially trained to identify bicycles and animals. We don't have to speculate about Flock's future application. The patent speaks for itself. Number four, Flock's program violates the Fourth Amendment of the Constitution. We are actively uh monitoring lawsuits that have been filed both on in the peninsula and in other states uh particularly on this uh basis. Number five, Flock has not demonstrated that it reduces crime or increases closure rates. [snorts] Flock points to crime reduction trend lines in cities that have deployed flock. It also councils police departments to highlight anecdotal cases where they have used flock to solve crimes. Significantly, there is no published study showing that flock actually reduces crime or increases closure rates. Thank you. Our next speaker is Tim M. >> Greetings, council. Uh my name is Tim McKenzie. I am a member of the Silicon Valley Democratic Socialist of America and we are part of the safety over surveillance coalition. Uh I'm here to urge you to cancel the flock contract through a decision of non-renewal when the budget comes up and barring that ask for specific uh policy things to be considered in an audit moving forward. Um I would like to start with talking about the efficacy of flock. Uh, we just heard some examples of how Flock has been used. I actually have a little bit more faith in local police than it seems that the proponents of Flock do that good old-fashioned investigative work could solve the problems and the crimes that were talked about in a way that does not put all of us at risk. If you look at uh May 5th is the specific date I know for the flock transparency data. If you look at all the ALPR hits that came up, less than 0.5% were involved with cars previously designated on a hot list. Meaning the overwhelming super majority of data is innocent passers by, you and me, going about our daily lives with data stored for up to a month. Meaning that without a warrant, police can search where you live, where you go to school, where you have been at various times throughout the day. We are told that we have to give up our privacy, our personal information in the name of public safety. But the reality is that the empirical evidence does not match that claim. Uh there it's trivial to fool the license plate license plate readers. swap the license plate from a vehicle in which you committed a crime and then someone else will come up. Just in March, a woman was pulled over in Oakland because her license plate got swapped with a vehicle. Uh she had a silver Honda car, the crime involved vehicle was a black Honda car. So despite claims of a vehicle fingerprint that can track things going on, uh there it's not able to match that. it like you and I could tell by inspection with our eyes that there is a different color. People are still pulled over. In December, there was a mass shooting at Brown University. The murderer swapped his license plates and was able to go kill a professor in Massachusetts just days later. And closer to home and more recently, there was just a shooting at a mosque in San Diego. The police were specifically told the vehicle and the license plate. It wasn't a swapped license plate. It was the specific license plate and vehicle. There was an ALPR system in place and the police went to the wrong location. Were not there in time to stop the last loss of life. We are told that this is a crimerevention tool that will allow us to avoid these mass casualty events. And the empirical evidence does not match that. It is not effective at preventing crime. at best it can be used after the fact. And in light of this dubious effic efficacy, we also have to deal with real tangible harm to specific human beings, individuals, members of our community or communities where ALPRs are brought in. Uh, for example, there was a black woman in San Francisco. There was an erroneous notification from ALPRs. She got pulled over and held at gunpoint. A 12-year-old in New Mexico was pulled over and put in handcuffs from an erroneous notification. A black man in Toledo, Ohio was mauled by a police dog after an erroneous notification. A man in Colorado is unable to use his own vehicle because police entered both O the letter and zero the number when they said this is the crime involved car. and he keeps getting pulled over despite the fact that his license plate isn't actually involved with a crime. There these are specific real tangible harms in light of a lack of efficacy that really occurs. We heard that Powo Alto's data there were no specific images that went out to anyone that made a request. But that does not mean that there was not an illegal search in violation of the Fourth Amendment. If a police officer broke into your house without a warrant, search through all of your possessions, all of your everything you have, and then said, "Well, it's okay. We didn't violate the Fourth Amendment because we didn't take anything for evidence." Would you accept that? Would you think that is a reasonable statement? Or would you say the fact that the search occurred even though there was no responsive data is itself the violation? Everyone here, everyone here, whether we are on the same side of ALPRs or not, we all care about public safety. We are for public safety. Flock is for profit. Their business model is to sell fear to the police department so that they will convince you as city council to set up these cameras to collect our data. Our data is the product. Flock patent claims the ability to track people by personable personal or immutable characteristics like height, clothing, walking style, gender, age. They do not. They claim a worldwide license for the data. Despite saying you own everything, they say we can retain a worldwide license because they need to exploit workers in the global south to train their AI models. I ask you, please cancel the contract and really support public safety by giving what we need, shelter, health care, food, things that meet the basic needs of community members. Thank you. Our next speaker is Josh W. Good evening. My name is Josh Waldorf and I'm speaking on behalf of the Pala Police Officers Association as vice president. We are here to support the continued use of Flock ALPR technology in PaloAlto. Our officers have a responsibility to protect this community as effectively and responsibly as possible. Flock helps us do that. It helps us locate stolen vehicles. It helps us identify suspects in thefts, burglaries, robberies, and other crimes. It helps in locating missing persons, especially those at risk. Vehicles connected to violent crimes and outstanding suspects. That matters because many suspects do not live in Palo Alto. They come into our city, commit crimes, and leave before officers arrive. As crime becomes more sophisticated, police departments must adapt. Without tools like Flock, we are left trying to solve modern crimes with outdated resources. Flock helps close that gap. From January 2024 to February 2026, we documented 139 patrol level cases where flock provided meaningful public safety benefits. These included stolen vehicle recoveries, suspect identifications, arrests, and investigative leads generated by officers in the field. Those cases are not just numbers. They represent victims. They represent stolen property recovered, suspects identified, and investigations that continued because officers had timely information. Another benefit attributed to Flock is officers working at the Stanford Shopping Center in conjunction with Flock have seen a 72% decrease in reported retail loss from 2022 to 2025. Flocks help Flock helps us work smarter. Palto does not have unlimited police staffing. This technology does not replace officers, good police work, or constitutional standards. It helps officers focus their efforts, respond faster, and follow evidence-based leads instead of relying on mere chance. Use of ALPR technology is so woven into current police practices that taking this tool away would be equivalent to taking away the ability to dust for fingerprints or swap for DNA. We understand the concerns about privacy. Those concerns are legitimate and taken seriously. The department's ALPR website explains the system, the safeguards in place, including limits on what the cameras capture, restrictions on access, audit trails, and data retention. Those safeguards do matter. The community has a right to expect public safety technology to be governed by policy, training, transparency, and accountability, and we support that. The community also has a right to expect that effective tools remain available to help solve crimes, protect victims, locate missing persons, and identify suspects. This is about balance, protecting privacy while also protecting our neighborhoods, businesses, families, and visitors. We believe Pow Alto can do both. For those reasons, the Pala Police Officers Association respectfully supports the continued use of flock pre technology. Thank you. Our next speaker is Charlie W. Good evening, mayor, vice mayor, council, and staff. Charlie Widand's Palo Alto Chamber of Commerce. In April of 2023, the chamber spoke in favor of the automated license plate reader initiative, and today we are back to support the continuation because the data shows it works exactly as intended. The safety and enforcement impact is clear. At the Stanford Shopping Center, shortly after implementation, a flock alert flagged a stolen vehicle tied to armed carjacking. Police Paloto police safely intercepted the suspects, preventing a potentially violent crime on site. For the organized retail theft, flock data paired with the organized retail theft grant funded patrols helped dismantle crews executing high-profile smash and grab robberies at major retailers. and those takeover style incidents have since ceased. Downtown restaurant burglaries following a string of nighttime commercial break-ins. Investigators use Flock data to track suspect vehicles, halting this burglary series. In 2025 alone, Flock contributed to 64 incidents resulting in 24 arrests. >> Your time is up. >> Thank you. >> Our next speaker is Charles S. As a longtime Pelo Alto resident, I'm quite distressed that our city has chosen to build a camera surveillance system that can track me as I go around town and share the data with the whole state and in principle through sharing anywhere in the country or beyond. And what this means for me personally is that for example, if I go to an anti-ICE protest, I have to worry that my presence there is is being shared with ICE and I could be added to a list, harassed as a result of that and potentially with the direction our national politics is headed, maybe imprisoned for political disscent down the road. Um, so I respectfully ask that you consider ending the flaw contract and immediately covering or removing the cameras. Thank you. Our next speaker is Fritz K. >> Dear mayor, city council members, um my name is Fritz Coler. I've been a resident in Palo Alto for over 30 years. Um I'm also a lawyer who reviews lots of SAS contracts similar to the one uh with Lock. Um I have limited time so I'll keep it simple. >> [snorts] >> Um it doesn't matter how good a policy, a contract, um any other um activities are on the PaloAlto side. Um when we're dealing with companies like Flock that are prioritizing uh profit uh largecale data matters, etc. What matters is what happens on their side. And to date, we really can't trust what they've done. Um, it'll be interesting to see what the audit comes up with, but I am I'm not sure that they'll actually really understand what's happening on the the flock side. All the incentives on their side are going in the wrong direction and none of >> Thank you. >> Our next speaker is Emily B. >> Hi. Um, I'm a four-year resident of Palo Alto. Uh, love it here with my husband and soon to be resident, baby Isabella. Um, who I have it with me today. Um, so I think the best form of the argument for why flock would exist, as many have articulated, would be it keeps our community safer. Um, I think antidotes are great. We're scientific minds here in the Bay Area. Evidence is better. There's only a handful of studies on ALPR readers, but if you re review them, they almost all show um little to no net effect. When you take out the multiple, you know, all the correlation is not causation stuff. Um I think those independent studies show not a lot and where there is some impact is not really problems. Palo Alto has um it doesn't it's not particularly effective for uh uh uh property crimes and the type that we have like petty thefts, smash and grabs. Um yeah, that's just not what the studies show outside of ones that Flock has funded themselves. So I'm not sure that premise is true. Thanks. >> Our next speaker is Jim Greetings. My name is Jim Kazulk. I've lived here in Palo Alto for over 40 years. I'm here tonight to oppose the use of ALPR surveillance in PaloAlto because at its core, it's a violation of our Fourth Amendment rights. Some argue that ALPR's violation of these constitutional rights is moot because by just owning and using a cell phone, one essentially forfeits those rights. This is a specious argument at best. We choose to have a cell phone. Uh we can use apps that don't track us. Select we can select privacy settings, deny cookies, etc. Also, as California residents, we have a right to know which data a company has on us and request that it be deleted. If law enforcement wants data from our cell phone carrier, they need a signed warrant from a judge. We have none of the above control or protections with ALPR technology. It's supposed imposed on us without our consent. Please choose our safety over their surveillance. >> Our next speaker is Maria. >> Hello. Um, although I live here now, I was born in the Soviet Union. I know that mass surveillance is dangerous because it turns everyone into a subject of suspicion. Black supporters often say there is no expectation of privacy on a public street. The police officers can always watch a car drive by. But Flock creates a vast database that exposes where people have been and what communities they belong to. Yes, people. Because cars are people most of the time. Traditional policing starts with suspect and gathers evidence. But flock gathers information on everyone first and search comes later. This is a fundamentally different relationship between citizenship and government. Democracy depends on freedom of association. People should not have to worry what they're driving to a protest, a religious service, or an immigration rights event may place them in a government database. We're told the data guards will protect us, but once data exists, it's a target. Palo Alto cannot fully control what future federal administrations will want, but it can control whether it creates a database of residents and visitors movements. We've already seen sensitive data collected for one purpose later demanded for another. >> Strongest protection is not collecting data in the first. >> Our next speaker is Matt S. Hi, my name is Matt Schlegel. Um, please cancel the contract with Flock. They can't be trusted. Um, the successes reported here today um are anecdotal. Flock trains law [clears throat] enforcement to share anecdotal evidence and we're not hearing statistic-based evidence. Um, in Palo Alto, thousands of outside searches were run on our data and you reasonably thought that that was impossible, but it wasn't and it happened and that should be cause for cancelling the contract. We were told it's okay because the results weren't returned. Um, but that's not accountab account accountability. If someone searches your house with no warrant and doesn't find anything, that's still a violation of your rights. And even worse, a federal DHS policy allows ICE to search our data with no trace left in the logs. So, we don't know whether or not they actually saw it, so please cancel the contract. Thank you. >> Our next speaker is Melissa D. I'm Melissa Denwy, founder of Indivisible PaloAlto Plus. Because of my organizing work, the federal government would like to label me a domestic terrorist. These cameras do not make me feel safe. It only tracks your car is a legal fiction. Your plate is registered to you. It's attached to your name, your address, your movements. No warrant required. Flock cameras have been used to track abortion seekers, to assist ICE, and the search terms no kings and protesters have appeared in search logs. I trust our officers. I do not trust the infrastructure we're leaving in place for whoever comes next. Please cancel this contract. We need safety, not surveillance. Thank you. Our next speaker is Trisha D. Hello, council members. Um, I'm a longtime PaloAlto resident and I'm against flock due to the risk of aggregated flock data being used by combining with other databases. This federal government does not follow the law. I think we can agree about that. There's so many examples. and it wants aggregated national nationwide license plate data reported by Wired. Flock is only one of the two companies that can do that. Another example of where you just think about the things that they could do by combining databases. The post office is proposing only mailing ballots to voters reg quote registered with the federal government. This is reported by Democracy Docket. Will future voters driving to a voting center be intimidated? Think about it. Use your creativity. That doesn't take a lot to think about how you could combine flock data with a whole lot of other things and be able to really destroy the community of this country. I rely on you guys. You're my last a line of defense. >> Your time is >> our next speaker is David P. >> Hello everyone. I uh first want to say a big thank you to this chief and his very best buddies over here in uniform. I appreciate all the diligent work you do uh every day. And um I want to say I worked in San Francisco in the mission district uh in a mental health clinic for 30 years. um since uh Donald Trump has taken office, the um number of people that have come to the clinic uh predominantly Latino uh has dropped off dramatically. And so even if uh all the rules and regulations that would prevent uh the local uh police department from sharing information with I with ICE were accurate, which I'm not sure they are. But let's say uh even if that was accurate, there's still a reputation in within the community that is uh that the federal government is not trustworthy. Um and because of that uh our community suffers. Thank you. Our next speaker speaker is Leno Lenor D. Many of us here this evening are very concerned and even more than concerned, we're alarmed about the presence of flock cameras in our communities. We are aware that flock has no compunctions about sharing information with entities that will cause us harm. In other words, quote flocking unquote to the highest bidder. And thanks to the person who mentioned the intervention of Peter Theel, Flock has been known to pass on data to federal departments such as Homeland Security, Homeland to ICE in this climate of federally induced fear. We who are commenting tonight fear for the safety of our neighbors and we also fear for ourselves. So many of us have joined in peaceful demonstrations and other gatherings, often informative in nature, supporting our constitutional rights and the need to respect and follow the rule of law. Sharing our information without our consents violates these rights as well as negates the rule of law. We recognize that city council members and other city officials have time and again supported us at these demonstrations. And you who have spoken out are also in danger because of flock. It's a common danger for all of us. Please disassociate from flock. Thank you. Our next speaker is Hillary S. [snorts] I grew up in PaloAlto and I'm also a resident. Um sorry. Um, I think we need to rebuild our civic space and I'm leading small groups of people onto the sidewalk to protest some of the obvious things that are wrong right now. And it's really scary to look up and see I am surrounded by cameras. We were at the train station and I looked up from a sentence that said surveillance is bad and I saw three cameras and I went, "Oh boy, you didn't look up before you started writing." But you do have your right to do that and we don't need to be scared. And I'm scared even more scared for the people that I've driven a really old car in PaloAlto and been harassed for it. So it I already have kind of an iffy relationship sometimes with officers because they pull you over just cuz you're driving an old car. And I get it, you know, maybe I look like some dangerous guy. But the thing was it made me a little more iffy when I see that car and then when I see the cameras and I say >> your time is up. >> Okay, thank you. >> Our next speaker is Pierre L. >> Hi, I'm here on um in support of a lot of the things that have been said and I just want to help you follow the money. Uh so Flock is a company that's valued at about 8 uh billion dollars out of the last round of financing which was last month April 16th. The revenue are estimated they're not public but the revenue are estimated at 300 million. Uh they have 90,000 cameras. So that gives you a revenue per camera of about 3,000K per year. $3,000 per year and the valuation per camera of about 83K uh based on the on estimated three-year contract um what they have to grow into the valuation right and what can they do they can have new users and that's for instance a contract with the FBI would be a new user and that would give them 10 an additional 10% on the revenues they can have new usage and new usage is basically using all the patents that you've heard about um and all the other thing they can do with a camera because essentially they are they invented massance as a service. Um and the last thing they can do is to go into monopoly pricing >> and next speaker is Emma B. >> Thank you for your time today. My name is Emma Brenill. Block has repeatedly shared data in a way that is inconsistent with many communities policies. While I appreciate that Flock has tried to respond to some of these concerns, independent records keep showing that those safeguards fail, as in Cleveland earlier this year. Intentionally or unintentionally, Flock has built a software architecture that makes misuse easy and oversight hard. Ultimately, Flock has repeatedly shown itself not to be a trustworthy holder of its incredibly sensitive and powerful data. Thank you. Our next speaker is KBT. I do not accept the argument that these ALPR cameras with Flock or actually any company by the way because there's others on the market. Um they are not like the old ALPR cameras that we've had for a hundred years. There is AI, okay? And the AI gets it wrong. So, we have lots of problems with that because they are then relying on something that is coded and there are tons of examples where AI has screwed things up. It can't even spell strawberry, okay? And they have mistaken numbers. There was a case in Denver where a man was pulled over and he was attacked by their police dog because they screwed up in the ALPR AI alert a two and a seven. Okay? And they didn't even bother waiting to check his registration in his car to make sure that that was actually his car that he owned because the number they had, they thought it was stolen. Okay, so these things are dangerous and they're trusting AI instead of trained human detectives who are much better than a stupid amount of code. Thank you. Cancel the contract. >> Our next speaker is Ariel. So, a common argument I hear is that Flock is really no different than a cop standing on a street corner with a notepad taking notes. But how many cops would you need to equal all of the ALPRs? Probably like 20 of them per street corner at all times and buildings full of analysts to even get close to what Flock does. And I don't think anybody would feel safe under that level of surveillance. Um, and this is at a time when the federal government, you know, the president has tried to designate journalists and protesters as terrorists. Um I am a protester with a journalism degree. So I don't like that very much. Um and you know once this infrastructure the physical cameras exists it is there. It can be misused at the click of a button. So it doesn't really matter if you guys are doing a good job now of using it ethically or if anyone is. It can be misused at any time as long as the physical cameras are up. Um and you know I used to think oh you know thank god we would never be like China or North Korea. You know thank god that wouldn't happen in America. I am disappointed to say the very least. Thank you. [snorts] >> Our next speaker is Hansel A. >> Good evening, mayor and council members. My name is Hansel Aguilar. I am a Santa Clara resident. I am a sociologist, a migrant from Honduras, a former law enforcement officer and I am uh spent over 10 years in civilian oversight of law enforcement. The letter I submitted to you full provides a full analytical case. Uh tonight I want to leave you with one point. The independent research uh literature including the most courier review um published in the campus journal of evidence-based policing finds that the ARP's effect on crime is equivocal. Uh in the better evidence alternatives problem oriented policing hotspots policing and crime and prevention through environmental design did not require mass data collection. Uh last week the Associated Press reported that at least 10 people in ICE detention have died by suicide since January 2025. I'm not claiming any specific tool um has caused [clears throat] uh any specific death. I'm asking whether the infrastructure the council is being asked to govern is one that earns a community's continued participation knowing what the system it feeds is now producing. This is a question of conscience as much as policy. Thank you. >> Our next speaker is Hamilton H. The biggest privacy risk is not the real- time hot list alert which only stores wanted vehicles. It is the historical database of where ordinary residents drive and who can search it. Here are some policy options. You could disable sharing of flock data with outside agencies except through written requests. This will likely reduce searches of paled data by roughly 100x. Two, you could disable storing flock historical data by purging data within minutes of uploading as New Hampshire requires by law. Three, you could request an evaluation of potential law flock replacements to find a preferred reputable vendor in collaboration with Mountain View and Santa Clara County and other agencies displeased with flock privacy. Uh, including switching to a secure architecture. In conclusion, the real policy question to debate tonight is how important is PAPD collaboration with other police departments in crime fighting versus significant improvements to citizen privacy? Thank you. >> Our next speaker is Herb B. Uh we've been told that uh Flock uh does not log personal uh information, but the Palo Alto Police Department has access uh to all that uh Flock has recorded in PaloAlto and I'm not aware of anything in any of our policies of what what the council believes or the the police department should be logging personal information uh on all those uh license plate uh owners and that even though you don't keep the license plates pictures, you can still keep all that data over time. Uh and in the distant past, uh yes, it's uh not violating first amendment rights to take a picture of somebody uh in a public place. Uh but if you are monitoring that and keeping a a dossier of who's there for a period of time, I think you are violating it. So >> your time is up. >> Thank you. >> Our next speaker is UD. >> Good evening, mayor, vice mayor, council members, and staff. Um par resident. Thank you chief uh Rev Snder for the thoughtful analysis and ongoing work on this issue. I support a balanced approach to new technologies as uh like Flock. One of the fundamental responsibilities of local government is to help keep our community safe. Based on the data presented tonight, Flock has helped recover stolen vehicles, missing persons, and assist in solving crimes. We have also seen positive results in South San Jose and other jurisdictions. At the same time, I understand and respect concerns regarding privacy of a site and accountability. These concerns deserve to be taken seriously. I believe the right path forward is thoughtful deployment with strong safeguards, transparency and regular reviews. As technology evolves, our policies should also evolve. We should continue evaluating outcomes, making adjustments when needed, and ensuring these tools are using are used responsibly while protecting civil liberties, leaving no gaps in between. Thank you. Our next speaker is Winter D. Uh yes. Uh surveillance by its very nature is wide open to abuse as seen over the last 65 years in our country as whistleblower after whistleblower reveals it. I was illegally surveiled for on a grand scale for years for exercising my uh nonviolent protected constitutional rights and have a fat FBI filed to prove it. Just as our former city manager Jim's Jim Keane announced that he too was subject to illegal surveillance and he had his file. Surveillance is dangerous. Not just crime, but surveillance is dangerous. It took more than 5 months for Flock to inform all other law enforcement agencies in California of the problem after they informed us, which was months after they had supposedly fixed the problems. Flock can't be trusted and surveillance is a time that >> dangerous uh path to embrace. Our next speaker is Rody. Hi. Uh, my name is Rody and I am a citizen of Bay Area and also frequent to Palo Alto. I urge the leaders of this community to please listen to your constituents. Please cancel the flock contract. Um there is one thing that we can be sure of is that at any point in time flock systems or any ALPR systems can be subpoenenaed for their data without having to inform anyone. This was confirmed to us uh by a Flock representative in the El Certo hearing. I urge you to not believe what Flock says at face value. They are a sales company. they're going to do and say whatever that sells the technology. Please do your due diligence. If you're looking at statistics in a scientific way and you're not looking at caus uh correlation rather than causation, you'll see that flock is not doing anything meaningful for um communities. Please do not prioritize prior uh property. >> Time is up. >> Thank you. Our next speaker is Batman. >> Can you hear me? >> Yes. >> Good. Because I have a very firm warning for you. Block is not to be trusted. They give backdoor access to ICE. By law, do not show up in your audits. You will not know if ICE is there because they do not want you to know that they are there. And I have to say with not one but two potential ICE detention centers potentially coming online within the next year in both FCI Dublin and Gilroy. Flock is a dangerous choice to go with. They are not trustworthy. They are not going to collaborate with you. they will send your data to whoever pays the most. So, please, I'm imploring you, make the right decision and shut them down. We can have a discussion about ALPRs another day, but in this day and age, we need to play this smart. We need to play this carefully because otherwise your people, my people will be hurt. >> And that concludes public comment on study session item two. All right. Well, thank you, Madame Clerk, and thank you to all of the speakers tonight. We certainly appreciate your input and uh appreciate you taking the time to come and share it with us. Um, so with that, I'll bring it back to the deis. Uh, this is a study session where we uh can ask questions and share direction. Uh, there won't be uh motion practice tonight, but we can certainly uh provide feedback. And I believe this is likely to come back to council again in a couple of months. I can't remember the exact date. All right. So, with that, uh, colleagues, uh, who would like to kick us off? [snorts] >> All right. Council member Rectal. >> So, Chief Okay. When the council originally approved flock, we went through and did a lot of work and and and got thisou designed and all these restrictions on it and then nationwide search came and they kind of bypass that. And so how do we know that down the road they're not going to bypass our constraints again? So I think the best way I can answer that question is I think that we took for granted that we understood the universe of features that were available and so we took for granted Palatoto Peddi that is that we could focus our our auditing in a certain way. We now realized that there was more to the universe and uh so we've expanded the nature and frequency of our audits and so were a similar feature or the same feature to be reactivated tomorrow even if Flock didn't tell us about it the auditing we have in place now would detect it within 30 days when we would do our next audit. So I think that uh I would answer that question in two ways. one, I think we're better situated to see if there are any issues going forward than we were before because we've improved upon our auditing. I think in addition to that, based on the conversations I've had with Flock uh to in up into including uh multiple conversations with their CEO and chief legal officer. Um, I do think that they understand the gravity of the issue and at least my take at this point is that the uh admittedly very frustrating situation that we encountered here was the result of I'll sell I'll say poor oversight as opposed to malice or any nefarious intent. >> Okay. So, we share our camera data with other communities and for that that they fill out a form and send it in. Can they give physical descriptions? Do you have to need a full sevendigit license plate? What what other communities need to get our information? >> Uh if those other local law enforcement agencies have signed the sharing with us, then they have the same search access that our officers do. So, in other words, if they're looking for if they have a if a crime happens in Menllo Park and a victim describes a green panel van with a partial license plate, Menllo Park is able to search PaloAlto data amongst any other uh data they have access to for a green panel van with a partial plate. >> Okay. There's concern concerns about uh false detections. How accurate are the license plate readers? I believe that the number that's reported is better than 99% accurate. But I think actually, if I may, there's a really important uh piece that goes along with that that I think is actually more important than the statistical accuracy of the cameras, which is to say that um the instances that were described by some of the speakers were all induced not by camera error alone, but by camera error compounded by human error. And what I mean by that is our policy expressly says that if you are going to contact or stop a vehicle as a result of an ALPR notification, the officer must make a hand verification that the plate that is displayed on the vehicle is in fact the plate associated with the hit. [snorts] So even if the camera does misread an O for a zero or a seven for an L, um then the officer should detect that before making that stop. So in those instances described, the officers did not make that hand verification. >> So California's had this law in the books SP34 for quite a while, but yet the nationwide search was rolled out even though that violated California law. And how did that happen? How how did Flock institute something that was against California law? So I can only relay what uh what's been relayed to me and what my understanding is since I wasn't part of Flock then nor now. Um what I can say is I think Flock uh at the time you have to understand Flock was still a relatively new company and frankly still is a relatively new company in the whole scheme of things and was growing dramatically and candidly I think was growing too fast. I think that they were dedicating uh their resources as many startups do to product development and sales and not enough resources to legal compliance and the other stuff that doesn't generate revenue. So I think that they probably were not dedicating and in fact will admit that they weren't dedicating enough time and resources to individual statebystate legal compliance and I think that's one of the changes they've since made. >> Okay. We've heard news reports of police officers using flock to track their girlfriend and things like that. Does this ple to prevent that? And if so, how do we do that? >> Well, I can say we have an audit system in place to track uh and to look at the searches that are being done by our officers on a monthly basis. I'll also point out that there are substantial both administrative and criminal penalties for exactly the behavior you're describing. So were an officer to do that, it would be no different than using an existing DMV database or county criminal justice database to to search up an exgirlfriend or the like. And in that case, it would not only be likely grounds for termination from an administrative perspective, but it would also subject them to criminal prosecution under state law. >> Okay. Thank you, >> Council Member Liths. Thank you, Madam Mayor. Uh, Chief, look, this isn't about you guys. We are proud of the police department we have. We're talking about a much broader set of concerns. Uh, so please don't take any of this personally. Um, no one questions that the flock cameras assist you in apprehending criminals and locating those who may be in harm's way. You've given us great examples. The question is does the rate of such incidents outweigh the risks to privacy that are guaranteed to us under the fourth amend amendment to the constitution? Also, is there a potential for misuse of these data on the part of flock or by law enforcement officials at any level of our government from the federal all the way down to the most local? We know from the news that the answer elsewhere has been yes. I would have had a concern about the balance of privacy versus the ability to aid law enforcement at any time in my adult existence. But the current federal administration, unabashedly authoritarian, makes me deeply concerned about the safety of all humans who live in our country in the present moment, including those whose plates may be searchable by the federal government. It concerns me that we only learned about their problematic practice uh in December of 2025, only after it had long been discontinued. makes me fear that there's insufficient communication between us and this vendor. You're making it out like we didn't know the right search. We didn't know the full universe of possibilities in their database, but I think as we read the news, it's clear that they have had other intentions. Um, and they've now gotten caught. So, um, this is a vendor that has, uh, violated California law, violated their agreement with the city of Palo Alto and other cities, and it makes me very wary about going, uh, forward with them as a result. So, I've been interested in who are these flock people? What do we know about them? There have been some conversations tonight about associations with the founder of Palanteer, Peter Teal. Um, I've been reading up on Flock. I've been watching interviews between um their co-founder and CEO Garrett Langley uh to try to get where he's coming from because a startup making some mistakes being underststaffed sort of recklessly growing without making sure that everything was buckled up is one thing, but it's also possible that they've put this company in place for the very purpose of offering mass surveillance to an authoritarian federal government. And so that is my concern. Um, the leadership, according to the ACLU, the leadership at Flock has gone on the offense with their rhetoric, adopting the attitude that in essence, if you're concerned at all about mass surveillance and limiting the power of law enforcement, you're essentially supporting criminals. And it's just nowhere near that simple. We're we're actually trying to protect the vast majority of us from uh an overreaching authoritarian government u which seems to about to be aided by flock with this FBI contract coming online. In fact um the CEO and founder Garrett Langley has bragged about brute forcing local governments to buy their technology. So, um, I really feel that we're on a precipice. Um, and PaloAlto is just a tiny little tip of the iceberg on this. Again, I'm not worried about any of y'all. I'm worried about us being complicit in a nationwide system to systemically dismantle Fourth Amendment rights of Americans. [sighs] That's it for me. Thank you, >> Vice Mayor Stone. >> Thank you, Madam Mayor. So, Chief, several follow-up questions for for you. You laid out both in the in the report and your presentation a lot of individual success stories that are very meaningful, touching, and and and overall, I think, good evidence in us evaluating this system, but how does the department evaluate the overall effectiveness of the flock system? We heard kind of many public speakers tonight talk about lack of of data. you you provided us some some compelling numbers as far as just downward trends in property theft, but as you said yourself in your presentation, flock is likely a a factor in that. Um, and I know overall trends in that space have have been uh downward sloping over the last year across the country, which is great. Are are there measurable outcomes such as like clearance rates, recovery rates, suspect identification rates, response times that have improved since deployment that the department has been able to track to really assess this? >> I don't have those stats for you, unfortunately. I will say that precisely because of the shortcomings you point out in that there are so many factors that impact overall crime rates, that's precisely why we've chosen to provide the council with a variety of detailed case studies. Because where we can't say that over an extended period of time there's been a decline in crime that we can directly attribute by causation and not correlation to flock. We can point to some very specific cases, some of which involve very violent crime and very violent people that were solved using flock technology and in some cases I'm confident would not have been solved were it not for flock technology? Thank you. From the department's perspective, what operational capabilities would be lost if the city chose not to renew or continue the the flock program? Are there specific categories of crimes or investigations where officers would be significantly less effective without this technology? They were deactivated. Can you talk about like alternative tools, resources, etc. that would have to be maybe redirected then to to be able to continue to maintain the the level of service that the community expects. So I'll use uh first the residential burglary trend and in particular the group of cases I described earlier in that particular because I think it's a good illustration of exactly the type of complex multi-jurisdictional case that might have gone unsolved were it not for the use of flock and the overlay of data from multiple agencies. So in that particular case, um we had a very small residential neighborhood that was experiencing an an uncharacteristic spike in residential burglaries, a number of which happened during the overnight hours when houses could reasonably be expected to be occupied and were occupied. And we had a neighborhood that was very frightened because they'd never seen anything like this before. They in fact asked to have a community meeting to discuss it. Um, ultimately using flock technology, we were able to compare data of vehicles leaving and entering that area with vehicles leaving and entering an area in another county across the bay that was experiencing a similar spike in residential burglaries. And it was only with that lead where we were able to link together cars in two different spots that we were then able to go get a search warrant for additional cell phone data, etc., and build out a case that ultimately connected these suspects to dozens of residential burglaries in multiple counties and multiple cities. So, I think that's the type of case where, you know, any type of information that we can compare and connect with information from similar cases in other jurisdictions would be negatively impacted. I think the easy one obviously is stolen vehicles and stolen plates. And those are important for a couple of reasons. Not only because yes, it's important to regain someone's stolen vehicle uh and return it to them, but also because we know that stolen vehicles are frequently stolen for the specific purpose of committing more serious offenses. And so to the extent that we can be notified in real time to the presence of a stolen vehicle on our roadway and have officers there, we can hopefully deter more serious offenses. Thank you. One of the speakers addressed recent patents from Flock with just emerging technologies and ALPR. Some really concerning forward direction on the on surveillance that goes far beyond what we are allowing currently with with Flock. Would I guess we have control over any additional functions that would be added to our system here in PaloAlto? Correct. beyond what you described earlier tonight. >> Yes. And in fact, if we became aware that a new feature was available and we wanted to pursue the use of that new feature, like facial recognition, for example, by ordinance, we'd be required to come back to this council with a new surveillance ordinance to ask for permission to use that technology. I'm not saying we would ask for that permission, but we'd be required by ordinance to do so. One thing I also want to point out to or actually two points is one um Flock has two separate products and I think it's worth noting uh in keeping with their bird theme um our cameras are Flock Falcon cameras that are specifically and only ALPR functioning cameras. Flock also sells or leases a Flock Condor camera, which is a more traditional surveillance camera with AI capabilities to include the possible future addition of facial recognition. So that's not the product that we have deployed on our streets. >> Thank you. And to deploy those would require direction from the council. >> Absolutely. Thank you on that time. >> Council member Louu. >> Thank you. Uh just a few questions. I'm curious if there are preliminary reactions or if there's any scope for the independent police auditor to think about uh some of the concepts that were mentioned by public commenter on uh restricting the agencies that could search our uh uh that can be part of the network that search our uh logs and or reducing retention significantly further to anywhere from minutes to a week or something instead of 30 days. I think the answer is certainly yes. There's room to uh augment that scope or form that scope before that report's finalized. I also would firmly expect that the auditor's report would include an analysis of best practices around retention periods and some of the concepts you're talking about. Yeah, I think trying to do the math of whether that is feasible, whether we will still get useful data from uh our neighboring cities if we do such a move uh or whether you know there would be downstream network effects would be useful. uh getting a sense of whether making any of those changes would change any of the positive stories or positive outcomes that we've talked about would be useful. And so I think this is uh really discreet and analyzable work that I think would be useful to do. Um I think it'd also be useful to get a clear read on some of the metrics. I realize that there aren't uh clean, neatly buttoned up academic studies that uh can show x% crime reduction or x% clearance rate change. Uh that nothing like that will be available for several years just because of how studies work. Um but I think there are reasonable metrics that we can gauge from ourselves. We can look at the cases that Flock was involved in and to your point, we can sort of confidently judge uh whether or we can judge with a confidence level of whether Flock definitely uh aided this positive outcome or was sort of useful in a tertiary sense. We can get a metric. I think it will be useful to have a story of here are the ex crimes that were cleared uh in part due to flock. Uh and uh that helps us and also gauge like what percent of those were serious crimes, minor crimes, whe what percent of those were potentially stolen vehicles sort of driving around the city and not actually causing any sort of direct crime or impact to the community. getting that and getting uh something that we can actually weigh so we can understand what the trade-off of public safety and privacy actually looks like I think is useful. Uh overall I'm really grateful that we have uh advanced good policies and good retention uh and are publishing our audits but obviously I'm still concerned and want to see how much further we can go. Uh there's a larger conversation to be had regionally about what buying power and a Santa Clara County or San Mato County style network could actually get us. Uh I uh hope that is something that we can talk about in the next conversation or that our colleagues in the city association uh or representative on the city association can take up. Uh, but overall I really appreciate the report. I appreciate the public comment and I think there's a lot of actionable clarification we can do going into the next time we hear this. >> Council member Lowing. >> Yeah, thanks. Uh, first I want to just comment on two items. One in the report and one that you brought up. The latter of which is when you were commenting on the apprehension of a of a suspect that was identified through this license plate reader. Uh a couple of the case studies as you just pointed out sort of confused the identification of a possible suspect and the apprehension interrogation. Uh there are rules of engagement in each force and I know that the what was described does not describe the rules of engagement in Palo Alto PD. So I'm glad that you clarified that. um notwithstanding that it happens. U so uh and the second thing is that a couple of these I guess you would say softer uh cases were were very uh uh informative. Uh the the gentleman who was had had cognition problems and had to be retrieved and maybe worse or better in the case because the person was found uh the person with mental health. So in these cases we you you might have saved two lives there. So I think there is value here that is identifiable uh benefit of this system notwithstanding everything that I've heard tonight. So I just want to let me first get that on the table. Um in the gap between mid 23 and October 24 when when the [clears throat] pol data was exposed for backup were sort of a series of question here. What was the person getting? Were they finding if they they didn't, but if they got it, would they get a license plate number or how could it then move along to a person's home address or ice breaking in there relative to how we're using this information? I don't I don't quite understand the flow of that to some of the things that that we heard about. >> So, uh the particular feature we're talking about nationwide lookup required that the searcher already have a complete license plate. So with that complete license plate, they could have queried without using Flock at all an existing law enforcement database to get the registered owner information for that vehicle and then potentially used that registered owner name to find a driver's license or other information. So if an officer begins an investigation by you already having a full license plate number that license plate number can already be used to derive the name and address of the registered owner of the vehicle. In this particular case, what would have happened is uh querying a full license plate number and flock you uh any query will result in you getting essentially a grouping of photos if any exist of that particular license plate if it's been captured by anyone with whom you're sharing information or that is sharing with you. Um, and then you would click on individual images and it would provide you with that thumbnail photo as well as a date and timestamp and a location for where where that vehicle was when the photo was taken. Um, the flock database itself does not include any additional personal or p uh person information beyond that. The officer would then have to pivot to already existing law enforcement databases to go any further. >> Okay, good. that that's very helpful. Um I I still don't know how that could possibly get to ICE, but I understand the problems that we're seeing in America today. So, I'm not uh disrespecting those comments. Um I I guess what it comes down to in sort of in in sort of in in empathy to what my colleagues are saying is that my my question this one is what's changed because you have a company that apparently has broken the law. um they fell asleep at the switch of the software, they didn't notify their client. Um and because it's been a long and they didn't do anything with the CEO or the management team. You know, usually when something like this happens, the first one to go is the CEO. Um and that might have been the thing to do here. I don't know. But it doesn't seem like there's a lot of changes. So, how can we have a comfort level going forward with this from the same CEO and under the circumstances of, you know, bad ethics and breaking the law? That seems like what it's going to come down to with this organization. So, as best I can relay what was shared with me by Fox leadership is that they essentially acknowledged that when they founded the company, they viewed themselves as providing law enforcement with a tool, but that it was up to the using agency to be responsible for knowing what the applicable laws were when they went to use the tool. Uh the clumsy analogy that they presented was if they were making a battering ram instead of an ALPR system that they would not go with you every time you took the battering ram out and make sure you were only using it when you could lawfully do so. Um I call that a lum a clumsy analogy because I don't think it really fits. And I think they now acknowledge that that doesn't fit either and that they have a lot more responsibility to make sure that their customers are in the best position possible to use their product only in a way that's lawful. So, I think what has changed, at least from my um experience as a customer, is that they appear to have become more knowledgeable and more cognizant of the individualized laws that are applicable to the use of their product on a state-by-state basis. >> Okay. Thank you, Mayor. >> Council member Bert, >> thank you. Um so first thanks for um a very informative report and and really thanks to members of the public for um a lot of the the issues that they have raised even if some of them are contradictory whether on the one hand it might require us to have 20 more officers and another speaker saying they're really not effective. I I think that we it boils down to a number of issues that hopefully we're going to be able to um really receive important insights on from our independent police auditor. So it's how secure is the system. I don't know if the auditor is going to be really able to look at how effective the system is, the value of it. And then we have a system that is basically a tool, but in the hands of whom and what sorts of intentions might they have and I was somewhat assured by um uh the acknowledgment by Flock's management that they had not invested in some of the safeguards that are important to us adequately invested they were growing as a company. But when I read about some of the comments by the CEO when these criticisms occurred of u accusing the critics of u uh normalizing lawlessness and uh desire to see murderers go free. That's a real alarm to me uh about whether this tool whether it's a good tool or a bad tool in the right hands is it in the right hands and I don't have good answers for that yet. Uh but my concerns as much as I really think it has value as a law enforcement tool when it is controlled properly as our department aims to do. Um I I'm just not sure about being able to trust this company going forward. uh I if with the right approach and mindset um I might be more willing to accept that they screwed up um and that they're trying to correct it. But I'm not sure that's the case. So, if we're looking for the IPA to really fill some of these gaps and uh for those who don't know our independent police auditor who's been with us for uh 18 19 years now and has real credibility in the community um for their true independence and their expertise. What's the scope of work? The the staff report gives a brief summary. Um and it is um um that it would review uh this at the bottom of page six. The staff report uh conduct an operational assess assessment of their policies and procedures around security, transparency, sharing compliance and reporting of system features and changes. Those are strong elements. Uh, and they're also going to assess our own internal policies and procedures to see if there's any way that we can do even better. But I the the more we dive into this, I really want to know the details of the scope of work of the IPA. And that's not an attachment, is it? >> It is not, Council Member Bert. So, uh, there's one complexity here, which is that there's a, uh, I believe there's a staff report coming to council, uh, before the summer recess that involves an extension of the IPA's contract, which is necessary for them to do the work because the work will fall after the expiration of their current agreement. Um, nonetheless, we've been in conversation with them. They've committed to doing the work and we're working through what that scope will look like. So in our role, [clears throat] our critical role uh in oversight, um I really want to see the specifics of what the IPA study is going to be, not the summary. Um, so how can we have that information and basically approve of that scope of work before it goes forward so that when we get it back, we're going to feel like we had as good answers as we could obtain. I think there are two pieces to it. One is the extension of the contract, which is a fairly routine matter, and then there's the specifics on this analysis. Uh I think we'll need to look at the timing of when the IPA will next be before you as part of their semianual u uh study session with the council and whether that would occur in time for them to give you more specificity before they finalize this the flock work flock specific work. >> And I'm I'm not looking for them to give those specifics before they finalize it. I'm looking for them to give them before they begin on the scope working on the project so that we are buying in to exactly what's going to be evaluated by the IPA. Not that it comes back and we go, "Oh, gee, I wish it had done X and Y instead of what was assigned to it. We've got this responsibility. Uh this set of elected officials ultimately has that oversight responsibility. And I don't want to be hoping and guessing that the scope is is the one that we would like to see. >> Understood. We're going to need to work with OIR in order to see how best to accomplish that. >> Okay. Thank you. >> All right. Well, thank you, Chief. I really do appreciate you digging deep into this and uh continuing to do so so that we can sort out this troubling issue. Honestly, um it's troubling to live with flock. It's troubling to live without it. It's uh something we really need to to sort out further to get it right. Um you know, there is, as my colleagues have mentioned, sort of this coalescence of growing distrust with some of our federal government behavior. There's also a growing distrust of the tech industry and AI. And this is kind of this messy intersection of both. Um, and then of course this particular company there's been some trouble with. And you put all of that together and things like side door access start to sound less improbable. And I think those are the kinds of things that we really want to dig deeply into. Um, that said, I have to admit that um, uh, one of the examples you gave could well have been my block. I don't know that it was. I don't know that it wasn't. Um, but we had a rash of burglaries like I'd never seen in the 35 years I'd lived there. Um, there was one down the block and there was one right next door, one a few houses on up, all within a period of days. The scary thing was that the um when the parents were out, the son was home when the breakin happened, like an 11-year-old kid, but he was playing video games, so he had the the headphones on. had no idea that this person had come in and out and the parents came home and saw the broken stuff and were terrified and I can tell you the terror amongst my neighbors was profound. Um the emails that were flying around and so I did ask you know some of the officers to come to our block and meet with us and talk about the different tools and techniques they would use to try to quell this rash where people are breaking into our homes. Um and they used various tools. I don't know if it was this one. Um I have reasons to believe it might have been and uh stopped. So you know I don't know but that's these are the things we have to balance. These are real world implications in PaloAlto good and bad from this technology. Um so I have a couple of questions that would at least help me understand things a little bit better. Um if we can go back to just some of the basic use of this technology. Um, so we had on one of the slides, slide five, uh, a picture of the form that gets filled out and, um, you know, it it talks about, um, it it it at the top, it's a little hard to read on the paper, so let me go to my uh, computer here. So, it has offense type, case number, and reason up at the top. And you know, it shows that the case number and the reason are required, but the offense type is not a required entry. And I'm trying to square that. I'm just not knowledgeable enough. Later on, it talks about requiring a documented FBI, NIBRS, or NIBRES, I don't know how you say that, case type for all searches. I I don't know which of those that is, and I don't know why the offense type is not requisite. Could you just explain a little bit more about those fields? it is. Uh so if you look I don't know why the parenthetical required is not in that box but if you look in the upper right hand corner the key it shows that the asterisk refers to required fields and you'll see that all three of those fields have the red asterisk next to it. >> I can also tell you as a practical matter as a user if you don't complete all three of those boxes it will not affect a search. >> Okay. So, I want to try to link up those three boxes then to the legitimate law enforcement purpose that was talked about in the staff report. Um, because when when we do an audit and we audit the legitimate law enforcement purpose, what do we look at? Do we look at those three boxes or do we look at, for example, the uh supporting documents in a case file? Um, do we and and I'm thinking particularly of, you know, outside of PAPD because I think that that's where a lot of the concern is that we don't want some rogue officer elsewhere to, you know, put in some offense and and uh uh maybe it doesn't quite match the underlying police report or whatever the other stuff is. So, could you just describe that process a little bit of the of auditing the legitimate law enforcement purpose? >> Sure. So, um, just so we can follow what would appear in each of those three boxes. So, each of those you'll note, or excuse me, the offense type and reason you'll notice are both drop- down fields. So, those are pre-selected options that the officer must choose as opposed to a free form entry. The offense type refers to what you referred to earlier. There's a standardized set of FBI offense types that are used for statkeeping nationwide um that we routinely use for all kinds of reporting. Um that is what's now required in that box uh by all users regardless of PaloAlto or otherwise. Um and there's a finite list of those. There's probably about 100 different offense types that are FBI uh compliant. Uh [snorts] the case number box is an is whatever your agency case number format would be. The reason box is required by us but is not inherently required by flock. So in other words if anyone our own users or another user is doing a search that hits p that would hit powto data we require that they make that entry. But other agencies can have different rules reciprocally if that makes sense. Um that reason box is more of a free is more of a lay person's uh articulation of the search. So burglary investigation, homicide investigation, something like that with less code uh specificity as the offense type box. Um, on our end, what we're doing as part of our monthly audit is we're taking a random sampling of officer queries and we're matching up the case number to what's being queried to make sure that there's a legitimate relationship between what's being queried and the case upon which it's to which it's being attributed. Um, so and we do that with other types of databases our officers use as well. Um, so in other words, if we see that plate number 1 2 3 4 has been queried, we're going to pull up case number 1 2 3 4 and make sure that there's some relationship between that ca that plate number that's being queried and that report or that witness statement, etc. >> Yeah. Just to be clear, you you said you'd check the case number. You actually check the case file, it sounds like, and look to see. >> Correct. Yes. Yes. So, as you point out, we do have uh we don't have the ability to do that with the same level of detail when it relates to other law enforcement agencies. Um, so in other words, for other law enforcement agencies, really the only ability we have to do by way of an audit is a couple of things. When we run our outside agency or uh network audit, we're looking to make sure a that only agencies with with whom we have anou are doing queries. So that's sort of item number one. Item number two is to make sure that the offense type was in fact entered and it's a neighbor compliant one which now is should be a given given that it's a drop- down requirement. Um that a reason's been entered that's compliant and then that a case number has been entered as opposed to just you know spacebaring over or putting in some sort of gibberish. um we don't have the ability to uh look at other agencies cases. So we do rely upon those that are signed by the uh uh executives at the other agency where they commit to the fact that they are uh that they will only be using our data in compliance with applicable California law and that they have their own auditing standards. I'll tell you that it's uh best practice in the law enforcement industry with regard to a variety of law enforcement databases to do the kind of auditing that I described for our internal searches. So I expect that's happening elsewhere. >> Yeah. And that and that's as you were speaking what I was thinking is could we you know there could be other reasons but uh that it might be hard but could we in theou require reciprocal auditing practices as well so that they so that even if we can't go look in their case file they're doing that would be something I'd be interested in having explored when we come back and uh it'd be interesting if our I don't know if our auditor somehow sort out how many of the people with whom we haveus also do those audits where they actually look into the case file but that would make me somewhat more comfortable. Um so I think we could update the the uh content of ourus. I'll point out that when we started doing business with Flock and indicated we wanted to uh predicate our sharing on individualized, they only had one other customer in their in their entire customer client base that was doing that. And so we've largely been kind of trailblazing on that and evolving theou as we go along. So we can certainly continue to do that. >> Okay, that's interesting. Ju just a a a quick technical question. You mentioned that some of these there's some uses that are not criminal such as finding somebody with memory loss who might be wandering etc. What do you do then when you don't have a criminal offense type for these boxes? >> So [snorts] um offense types can include missing and endangered people or a suicidal subject. >> Okay, thank you. That's helpful. Um then in terms of the data from these cameras, where does it live? Are these flock servers somewhere in a server farm outside? Where where does that data live? >> Yes. So, part of what we pay flock for is cloud uh is encrypted cloud storage um of the data. So, we don't have on-site servers for the data. >> So, that 30-day deletion practice, do we audit that that it's actually deleted? So, I'd have to defer to our IT professionals on the particulars of that. I know that issue was raised at the time we we initiated the contract. So, I I don't have a ready answer to what process exists for that. >> Sure. Well, that could be something else the IPA could look into because that would also be helpful. Um, so now I I want to just talk a little bit about the the the past and what I'll I'm going to call flux breach because as far as I can tell that was a contractual term that they they breached. So, you know, we've been looking at the damages to us, but I'm interested in a penalty for them. um you know, if it was a criminal, uh I don't know if that state law was in effect at the time that they didn't tell us about uh and that they had this nationwide sharing, but I don't know what the statute of limitations is, but boy, if I was an executive at that company, I'd be a little nervous. So, I'm not necessarily asking you for your opinion on that, but I think that's something else that I'd be curious to understand more about because we do have some concerns about the particular executives. So that is that is an interesting thing. But something we could do something about um is um to talk about uh both the the the damages to us in terms of all the time we're putting into even this hearing tonight, you know, based on some of their practices, the money we've expended on auditors and will expend on auditors. They should pay for all of that. I I think or at least we should explore that in a contact renegotiation. Uh, in addition, something that I would like to discuss when this comes back is some sort of penalty or liquidated damages or whatever one wants to call it for any future breach that could be, you know, at a high enough amount that it could serve as a deterrent because these folks were hearing a lot about how this is a profit- driven company. Well, you pull out the profits and, you know, that that could be as much of a deterrent as anything. Uh so I think that those kinds of things uh would help us in our evaluation were we to continue. I think if we felt better about um audits uh uh the um um you know the all well basically all the things I've talked about the deletion of data um the uh any penalty for past acts so that they know we're serious that this is not okay and any um agreed upon penalties in that are enforceable for future bad acts would at least help the conversation. So, those are my thoughts about what I'd like to to discuss more when we come back. >> And Mr. Rectal, one more time. [laughter] >> One last question. You mentioned how valuable it was to overlay data from other jurisdictions. Uh, so if we went the Campbell route and just did it ourselves, we wouldn't be able to do that. But if we went, let's say, Santa Clara County, how valuable would be Santa Clara County, would that give you enough jurisdictions? Or do you need East Bay? Do you need San Monteo County to join in to make it useful? So I would say any sharing would be better than operating in a vacuum. Um with that I would say to flesh out the example I used earlier with the um with the dozens of residential burglaries. The majority of those happened over in Newark, Fremont, and Union City. So in a whole other county. Um, so we know that frequently our offenders are coming from even outside the county and are offending in a variety of cities throughout multiple Bay Area counties. So, um, I certainly would think there would be a loss of value if we were to only be in a network that was joined with the sheriff's office. Um, I will say to your question though, um, I'm not personally nor is the department wedded to Flock as a vendor. Um, I do see the value in the tool that they are providing us. Now, if another vendor presented itself either through our proactive collaboration and driving that or simply by market forces and there were another vendor in this space with good market penetration, I would certainly be open to entertaining another vendor. >> Okay. Thank you. >> All right. Well, I see no further lights, so I think we're ready to close up this item uh with certainly our thanks for uh answering all our questions and being here, and we look forward to taking up again next time. Thank you. Okay, so we [clears throat] will now move on to the consent calendar items three through >> 14. Madame clerk, do we have any public comment on the consent calendar? Yes, it looks like we have one request to speak. Okay, our first speaker is Emily R. ready. Thank you. I didn't think I was going to get five minutes. That would have been cool. Um but uh good evening, council. Um I won't take too long. Um I'm actually here to speak on item four. Um the recommendations um regarding the rent registry expansion and the further consideration of a possible rent stabilization ordinance. Um on behalf of SB at home, we actually sent in a joint letter with SP at home and um PaloAlto forward. Um we urged the council to limit the delay of the expansion of the rent registry program and establish a threshold to trigger council consideration of a local rent stabilization ordinance. Um we as we we appreciate the work that staff has done uh toward this item and toward a lot of the work on tenant protections which we have worked in partnership with the city. We're very happy that we've used a lot of that uh work to bring to other cities um that uh that are still building their tenant protection programs and it's a constant build. Um there's no there's no finish line really until we solve this housing crisis, which um we're working on that. Um but we ask that council take a look at now that you have uh great data starting to look at those trend lines um to establish some kind of threshold that would lead you to study rent stabilization and and move forward on an ordinance for your city. Um, we understand what staff has mentioned before, but uh, in your own data that approximately 11% of households experience a rent increase above 5%. That's that's still significant. And when you think about a rent stabilization ordinance, it's not to clamp down on a majority of renters. It's so to make sure that those renters who are most vulnerable, that are most um, have issues with their landlords, no one falls through the cracks. it doesn't affect landlords who don't raise their rents higher than a certain amount if you establish a kind of rent stabilization. So, we ask that PaloAlto uh continue taking the lead that they are have been taking with their rent rent renter protections. We appreciate the work that came out of the rent registry. Um and we look forward to hopefully um pulling this item from consent calendar and not delaying these things indefinitely, but having a threshold so that comes back to council. Thank you. Our next speaker is Anil B. >> Good evening, council and mayor. Anel Bar with the California Apartment Association. I wanted to first of all thank staff for the work they've done on the report that was submitted to you. Um and also for the recognition that um that there isn't a need to continue working on ordinance when there isn't a problem. Um I uh want to just issue our concern for generally for um rent stabilization, rent control ordinances. Um you know, as you deal with properties that are older and uh as you have in in in not only in political but the the surrounding areas, you have properties that are more difficult to maintain. And the more restrictions you put on the ability for property owners to uh fund that maintenance, the the more uh degraded those properties become over time. Um and secondly, you know, AB1482 as the ordinance as the staff report said is working. Um it has placed caps on rents. It does allow for just cause. It does do it in a more responsible way. uh and I urge you to continue uh following AB142 um because it has shown to work. Thank you. >> Our next speaker is Tim M. >> Greetings council Tim McKenzie. Uh I would just like to echo everything that we heard from the first speaker. Uh Emily is great. She is very knowledgeable. Um and I'd like to remind you PaloAlto is made up of people who live here. It's not corporations. It's not money for the landlords. That's not the purpose of the city. It's the actual human beings who live, work, and enjoy their life here. Uh make it easier for us to exist as human beings. Meeting our basic needs like shelter that does not outpace the cost of living does not outpace wages. Um, a a rent registry is literally just knowing, having data, having the information. Like you you can't make an informed decision if you don't have it. Um, so please stand on the side of the people who live here instead of the people who want to and corporations who want to extract every possible penny from the human beings that make up our shared community. Thank you. And that concludes public comment on consent calendar items 3 through 14. >> All right. Um Okay. So colleagues, are there any no votes or requests to pull or recusals and I will start out and say that I would like to pull item four. Vice Mayor Stone. >> I'd also like to pull item four. >> Council member Lou. I'll also pull item four. >> Council member Bert. >> The same. >> Okay. Council member Liths. >> I know you don't need it, but I'll [laughter] put myself on the record for that as well. [gasps] >> Okay. All right. Seeing no other lights, um absent uh with Yeah. So, item four is pulled. So with respect to the others, are there any motions to approve? >> So move. >> A second. >> Second. >> All right. Thank you. [sighs] [clears throat] All right. So, Madame Clerk, when you're ready, you can uh call the role on the nonp items unless Council member Rectal, >> yes. >> Council member Lethod Hayes, >> Vice Mayor Stone, >> yes. >> Mayor Vinker, >> Council member Bert, >> yes. >> Council member Lowing, >> Council member Lou, >> yes. >> Motion carries. >> All right. Thank you. And uh Mr. Mr. City Manager, if it's all right with you, I'd like to see if uh 10 minutes of uh addressing item four now could uh dispense with it. If not, we can find it at a later date. >> Sure. Uh perhaps just for public's awareness, this would be your opportunity to test your new procedure to allow a quick discussion of an item to see if you could dispense with it quickly. >> All right. Thank you for that. Um, and uh, you know, I'll just start and say that uh, I really do appreciate the work that staff and the policy and services committee did on this and I understand um, why you aren't moving forward this year, but I'm just uncomfortable with the indefinite deferral. So, you know, I'd like a chance to consider um, rent increase triggers that would bring back consideration that consideration of a rent stabilization policy. But for tonight, for tonight, I'd just like to see us change the indefinite deferral to a 12-month deferral, at which time or sooner if council directs, uh, we can consider those triggers. That that that is my thought on this. Vice Mayor Stone. >> Thank you, Madam Mayor. And you actually teed up my motion pretty well there. So, I did send a draft motion and hope that this would be pulled to the clerk if she could put that on the on the screen. And it's it's essentially to remove the word indefinitely and replace it with a one-year deferral, have it return to policy and services for review and consideration at the at that time. I as a member of the policy and services committee, uh we did not actually discuss any type of language that might that could be included that would trigger a re-examination of this. I that was an oversight on on my part. I'm curious. My other committee members feel the feel the same way. So, I wish we had thought of it at the at the time. Apologies that we did not, but hopefully we can remedy that now and and add that language so it does come back to us next year. >> Council member Lith agree with the vice mayor that this was an oversight on the part of PNS, not something we discussed. Uh we overlooked it. We apologize and I support the motion. So hand yeah officially to I'll move the motion on the screen. I >> think that was allowing. >> Okay, council member Lou. >> Thank you. Uh I think uh you know at this current stage I'm not strongly opinionated about one to two units but I think having a trigger or a framework to understand that data is useful. Uh uh I am not a fan of rent stabilization as at large. So I think anti- rent gouging ordinances like AB1482 could be considered for smaller unit sizes uh unit counts which I think aren't uh currently in scope of that law. I had a couple other thoughts as well and this was more in the sort of uh policy and services referral or general discussion where I think rent registry data should be available on a delayed basis uh about uh or potentially on delayed basis around the actual costs uh that tenants are paying for different units. I think that's an important and useful piece of market transparency that uh when I was a renter in Santa Monica really enjoyed how there was actually real-time listings of uh rents for everyone in my building and the building next door and things like that. Um it uh just gives consumer transparency at really no cost um uh because it's data we already have. I also thought that the report was a little bit tricky in the sense that it said uh 10% of units had rent increases of 5% and above. 5% is, you know, plausibly pretty reasonable depending on the situations, upgrades, whatever history. Uh but I think part of the rent registry is also uh being able to think about enforcement and understanding when there are also more extreme rent increases in the like 10% range that are actually illegal but landlords and or tenants may not know that. Um so those were a the two main topics uh rent registry data transparency and uh uh as we think about thresholds just thinking about clearer uh breakdowns of the data. I don't know if any of this needs to go in the motion. Um uh but uh curious uh if the maker would be open to including both of those points. Well, I think both would could could definitely be considered by policy and services when it comes when it comes back to the committee in in a year. Are you asking that be expedited that work? Oh, so that will come. Oh, so right. So the entire brand industry will come back to the policy and services on a yearly basis. But then the consideration of including one to two units will Oh, okay. Sorry, I misread the motion and misread the motion. Okay. Yeah, I I think uh those can just be points uh referred to policy and services. Um anything? >> Yeah, that's fine. >> Okay. I'd also point out that if we feel strongly about it in January, uh when we set council priorities, we could do something then. But I think this this allows what you're uh looking for in a year. Um all right. Seeing no further lights or council member Bert, >> I I'm just a little confused by the wording of the motion now that I read it more carefully because under a we're saying we're approving the recommendation to indefinitely defer um two policy areas and is that the intention that we would >> No, I think it's got modified in ways what's not intended. >> [laughter] >> Apologies. Um, this was the my [clears throat] doing. I was just adding in the staff recommendation, but if we could be clear. >> Yeah, I think maybe. >> Well, I know Greer, you sent me um or sorry, C Vice Mayor Stone approved the staff recommendation. So, I copied and pasted the staff recommendation. >> Well, well, yeah, but then it says then it said with the following amendment to remove indefinite. So, >> I just wanted to be clear for the record. So, if we're approving the staff recommendation, is there certain parts of the staff recommendation that should be removed or should I just say how to clean this up now? >> Yeah, it's the ex uh it's the >> it's not indefin >> indefinitely is what we're trying to remove that [clears throat] it instead of indefinitely there it would be the language that it would be re reviewed in the next year. Correct. >> Yeah. And now that indefinitely has been removed. That looks like it works. >> You want by PNS, right? >> Yeah. Which is in the which is in part B. >> And and under A, shouldn't it say staff recommendation to to defer for up to one year or something to that effect? Isn't that the intent? >> Yeah, that'd be good. So approve the sac staff recommendation to defer up to one year following two rental policy efforts and return to policy and services committee for review and consideration at the appropriate time. Then you can remove part B because it's redundant at that point. >> That's no longer the staff recommendation. So, do you >> Exactly. I was going to say you might want to say approve the staff recommendation. A amended to defer. >> Okay, that works. Approve the staff recommendation. Amended to defer. It's >> kind of not perfect, but [sighs] it's close enough. We got to get that amended in there. >> I'm sorry. Which part are we adding up to? A. So it would be approve the staff recommendation uh as amended and then two it would just keep going or you could just say amended I guess >> that's I think good enough if we get out rid of that little a in front of amended >> and then uh to the city clerk I think you want to take the part about the policy and coming back to the policy and services uh committee at an appropriate time or no later than one year added to that section A and then delete B altogether. So you're going to delete the first part of B, right? It's probably close enough. It could just say approve the staff recommendation um with an amendment. Yeah. You you want to just change the as to with the with an amendment >> that way it's >> I can work on the language um if this captures it. I can work on it for the final minutes, but um if this captures the intent. >> Yes, >> clearly. >> Mayor Vinker. >> Council member Bert, did you have more? I I think we didn't get your light turned off. And I think council member Lou, you're set. >> Uh well, I have one more thing. Uh I realize actually that for better segmentation of the data, that's easy. that could just be included in the staff report. But I realized the third request or the the second request I had which was to investigate data transparency in public uh basically uh publicly disclosing rents in Palo Alto. Um uh and augmenting the data that we currently share on our rental registry would potentially require an hour more staff work and might actually be better if written into this motion. So, for example, if there were privacy concerns around disclosing uh market rate, rents uh data that we've already collected, uh that might need a 1-hour legal review or something. So, would the maker be open to uh considering data transparency and uh uh improvements to our public uh rental registry dashboard as a third bullet point under a um I mean I'm I'm in favor of those. My I I'd like to hear from kind of the city manager thoughts on time and and resources because kind of the the whole point of the policy and services discussion in the first place was lack of resources and [snorts] the and the expense. And so I'm I'm just hesitant now all of a sudden adding a bunch of work into this that kind of gets us back to the original problem we were trying to solve. But if staff thinks that's a pretty easy thing to add in to bring back, >> yeah, I support it. Yeah. So, so, um, so a couple things. One is, uh, we're still in the beginning stages of this and we're actually, um, working with our vendor to build out a dashboard that will have, uh, information so we don't have to produce the reports. I think you're asking for something um, that goes another level down, which is real time rental information. And um I can make a note of that and we can have that conversation with the policy and services committee when this comes back uh within sometime within the next year to talk about the two policy initiatives and um you know our dashboard and we can note this interest in and uh if the council supports us uh for some real-time data I we're not going to be able to produce that >> really soon. Uh it's Yeah. Okay. So, but we can have that as something that we're uh talking about and reaching forward and >> I can report back on >> yes >> how that can be achieved and the timeline. >> Yeah, if we can have that going into discussion that would be useful. I think it's tricky when you go into discussion year later and uh there's no groundwork or no context or no investigation made so you can't uh discuss that topic. if we're going to be able to discuss that topic in a year. Uh and that's explicitly noted in the scope uh of just overall consideration rental industry. I think I'm happy with that. Thank you. Okay, we were close to staying in the 10 minutes. I don't think we quite did it, but we got this thing done fast. I see no other lights. So, Madame Clerk, please call the role. >> Yes. >> Baker. >> Council member Lowing. Yes. >> Vice Mayor Stone. >> Yes. >> Council member Rectal. >> Council member Lou. >> Yes. >> Council member Bert. >> Council member Lot. >> Yes. >> Motion carries. >> Thank you very much. Okay. City Manager, you're on. >> All right. Very good. We'll make this quick. I think we've covered a few things. And if the director planning would leave our city clerk alone, we can move on to the next item. All right, next slide, please. All right, a few things just upcoming over the next week. I don't think this was mentioned under under council member comments. I do want to note that Wednesday, this Wednesday, we will have the official uh ribbon cutting on our uh new downtown teen center and home of Lacita, 400 p.m. This Wednesday, June 3rd. Then this coming weekend on Saturday, we have the annual citywide yard sale. And so for residents who might want to uh list their property on uh this yard sale, information is available here, palaltto.gov/ /yardsale. This is Saturday 8 a.m. to 2 p.m. And then on Sunday, as was noted earlier, we have our first Palo Alto Pride event here at King Plaza, 2 to 5:00 p.m. Next slide, please. Then uh specific to the neighborhood uh along Embaradero Road, specifically Emerson and High Streets and primarily on the north side of the street. We will have construction beginning this week. uh June 8th uh through mid August. This is pursuant to the council's action to accelerate that work. Uh this will include uh some street reconfigurations at that intersection to improve traffic and particularly pedestrian and cyclist safety. Next slide, please. And then finally, just looking forward, as the mayor noted, we have two scheduled I uh city council meetings prior to the July recess next week, June 8th, with urban water management plan, coverly follow-up actions, and the San Antonio quarter plan. uh next steps following meeting on June 15th, your budget rates adoption along with the bicycle pedestrian transportation plan and then a number of items uh listed on August 10th. Again noting as the mayor pointed out we will be shifting your August meetings from the 3rd, 10th and 17th to instead the 10th, 17th, 24th in August. And not to be forgotten, the Crescent Park traffic calming item is listed here will be on your first meeting in August and a number of other items that we know community members are tracking. With that, mayor, that completes my comments. >> All right. Thank you, city manager. All right. So, we will now take our break so we can get a little dinner and hit the action items. Um, I will talk to the vice mayor and city manager about scheduling for the rest of these, but let's come back at 8:30 and get going again. Thank you. All right, welcome back. We're going to reconvene and move on to our action items this evening, starting with action item 15, which relates to uh CDBG grants. And so I will turn to our staff and city manager. Okay, great. Uh, thank you, mayor. Uh, and good evening, city council. Jonathan Le, director for planning and development services. Uh, I'm joined, uh, by Leaf Christensen, our senior housing specialist. Um, but given where we are on the agenda, um, uh, the information is included in the packet. Staff is available to answer any questions that the council may have. Um, but this is a, uh, an action item. So, if there are public speakers, um if you're okay with not having a presentation tonight, we um you might want to uh proceed with that. >> Well, thank you and uh I want to thank you for being here and apologize the effort that went into the presentation, but I I'm happy to take up director late on the offer unless any there's any disscent amongst my colleagues. Um, seeing no disscent on waving the presentation, uh, madame clerk, do we have any public comment on item 15? >> Looks like one request. Um, Hannah has been raised on Zoom. One moment. [snorts] Our first speaker is Melanie F. Good evening, mayor and city council members. I'm Melanie for from upwards. I just wanted to thank you for your investment in Palo Alto's inhome child care providers and the boost program which I'm excited to share. We've recently expanded into boost and learn which is an enhanced model that's designed to deepen the impact and strengthen the long-term sustainability of the program. Um, as you may recall, Boost supports low to moderate income family childcare providers in strengthening and growing their businesses. We do this through personalized coaching. So, providers are um paired with an experienced bilingual care specialist to build a customized business action plan which covers everything from marketing and enrollment and finances to staffing. They also receive free access to our childcare management system. So, that's even beyond the program year. And then the new development is the the learning management system which is essentially an ondemand resource library that codifies seven years of um the boost curriculum we've been de developing um and that again they retain free access to beyond the program year. Uh so our our participation with Palo Alto has been a big success um with the city's support and CDBG funding. We've partnered with 11 local providers created three new teaching assistant positions. Um, past participants have increased their revenue by an impressive 40% which was double what we projected and we are grateful for the commission's recommendation which would allow us to support nine family childcare providers create three new teaching assistant jobs and continue to help hundreds of Palo Alto families find care. Um, there's still more work to do. Non-Boost providers in the city earn on average $18.35 an hour. 2025 has been the hardest year yet. A recent rapid poll uh found more than half of family childcare providers struggle to afford food and over 40% struggle to afford housing. Um meanwhile 22% of the children under six in the city lack access to licensed care with the gap for infants being far greater. Um this is conservative as the daycarees also help with before and after school care. Uh so as I know council knows uh TK expansion, high turnover, rising costs, administrative burdens, it all makes it difficult to sustain a child care business. Uh but these are the pain points that boost and learn was designed to address. So we help providers maximize enrollment, increase their revenue, and create teaching jobs while also helping all PaloAlto families have access to dedicated care specialists, including emergency backup care. Uh, so sustainability really is at the core of the program, which means if approved this year, we likely won't even need to apply for a boost next year. Um, so with that, I'll close with a word from Maria Hernandez of Tiki Land Daycare. She says, "I can't say enough great things about Upwards. The support, guidance, and personalized help I receive truly sets them apart. I'm always happy to answer any questions, both as a representative and a parent who's forever grateful for the providers who care for my little ones. Thank you so much." And that concludes public comment on action item 15. >> All right. Well, thank you to the public commenter and thank you, Madame Clerk. I'm going to bring it back to the DEA starting with Vice Mayor Stone. >> Thank you, Madam Mayor. I'll move the staff and human relations commission recommendation. And I'll just say that, you know, CDBG is different than his RAP. It's really formulaic. there's not much discretion to it. So that this is a very I think a very dis a different type of discussion. Um with it being CDBG compared to his rap rather discretionary type of funds HRC and staff have the the expertise. They've done the deep dive. I think we should trust them and thanks to all the work that staff and our HRC has done in making these recommendations. And um yeah that's it. Thank you. Uh, Council Member Lisk Hayes. And I guess the question is, do we have a second for the >> Is there a second for the motion? Then we can have discussion on the motion. >> Oh, go ahead. >> There's a real tie. Who Who got it? >> I have no comments on the second. >> Okay. I guess we'll go with Sure. We'll go with Council Member Bert. And he has no comments. So now discussion on the motion. We'll start with Council Member Liths. Thank you, mayor. Um, thank you, Mr. Christensen and Mr. Le for this and appreciate the expediency um, with which we're trying to address this item. My one question was just looking at the annual action plan under homelessness as one of the five things we can address. It speaks to stabilizing people at risk of and experiencing homelessness through housing solutions and [snorts] facilitation of supportive services, including mental health and addiction recovery services. And just given how much work staff and council in the community is involved in right now about addressing the fact that the vast majority of Pow Alto's unhoused population live in vehicles. I'm wondering why we're not speaking to that fact. And my larger question is what would it take for safe parking to be included in funds related to safe parking projects to be included in CDBG? Or is that definition not something that the federal government would accept and therefore it's not appropriate for us to designate such expenditures toward these funds? >> Yes, thank you for the question. Um, we could fund safe parking programs under the public services cap, which is 15% of the entitlement uh grant we get each year plus prior year program income. Uh, this year that was around 90 to $100,000. And we had public services are usually very competitive. Uh, so we would have a limited pool of funding that we could put into helping build capacity for a safe parking program, but it would be uh minimal. That would be part of the cap funding. Um some other ways we try to support um the the unhoused population is with our contract with life moves which is also a public services contract for the work that they do at the opportunity center. Um so I have had the opportunity to talk to um households living in RVs and and refer them to the opportunity center uh to receive services. So in some ways the CDB CDBG program is supporting those live living in RVs. Um, and if uh say a Move Mountain View program wanted to apply for CDBG funds, it would really be capped under that public services because the majority of the CDBG funds would go more toward housing rehab infrastructure projects. Um, HUD wants to see most of that money go toward that instead of the public services and that's that's why it's capped. So, there would be a limited pool of funds. Um, it would depend on us getting an application, too. so we could work on doing outreach and um letting our safe parking programs know that CDBG funds would be available in a limited capacity. >> Thank you. I guess as I looked at the categories um uh under which the funds fall, public facilities and improvements which I think does not have a cap was a category that looked attractive to me for um safe parking. We could always um assess an application, but typically the safe parking program model wouldn't fall under the public facility and infrastructure improvements. Um but depending on how these programs evolve and the application that we receive, we would assess the eligibility of any application that would come in. >> Okay. Thank you very much. >> Thank you, >> Council Member Rectal. >> Yeah, I was comparing what we gave last year to this year. And this year we have a few new um charities, Locomita, Roticare, and YW.CA services for domestic violence. So, how does that work? Did we recruit them? Did they just apply and they didn't apply last year and that's why they got money this year or what's the backstory? >> Yeah, outreach was enhanced in some ways. Lamita directly engaged with I talked to Deborah at Lamita a few times. We encourage every nonprofit that reached out to submit an application um la ywca and and roicare I uh I think partners with life moves at the opportunity center as well. So I think word is spreading about our CDBG program. We have three new partners under the public services category and we we hope to to grow those partnerships um and also expand outreach in the other categories that we were talking about like public facility housing rehabilitation our capital projects as as well. >> Okay. And I also noticed that last year we had some money that was given down at the uh the new uh San Antonio development home key and this year instead we're doing a development at uh the curb ADA curb improvements. So do we have these big projects kind of aligned up and we say what are we going to do next year or how much planning goes behind picking these big projects? Yeah, particularly for um the projects that would fall under the home key recreation project or the ADA curb ramps. We're we're trying to do more outreach. Um this year we were unders subscribed in in capital applications. So we diverted some of the available funding to ADA curb ramps for safety and accessibility uh improvements, but we've been reaching out to partners like Midpen Housing and other um property management entities, you know, to see if they'll be willing and interested in submitting an application. Uh moving forward, the home key wreck project we're hoping to get done this year was delayed because of some environmental review reasons, but we did set aside $185,000 for that um 2526. Uh we're going to be moving forward with that July 1. And Life Moves is one of our partners. So they we let them know that if you wanted to do something like this recreation, this playground project, the new home key site, you could apply for CDBG funds that would be eligible. So we we consistently have our partners whether they're returning or new coming to us with ideas and we can assess the eligibility and and if it's eligible ask them to move forward and submit an application. >> Okay. Thank you. >> Thank you. >> Um yeah I I just want to uh understand uh those same uh actual grants just a little better. Um, so I understand that Lakama and YWCA are new partners, but their grant amounts from what they sought and what they got were significantly smaller um than many of the others. And I don't know if they didn't know what to ask for yet or how we went from, in the case of La Camea, a request of 28,000 to an oddly specific $6,321. just tell me a little bit about that process. >> That's the challenge with the public service cap is we always get a lot of applications um a lot more money requested than we have available. So this year we took the approach with the human relations commission on giving everybody a little bit of something. So life moves project Sentinel saw a little bit of a reduced um grant amount than they did the year before and then we gave new partners an opportunity to come in. The odd number that came with La Kama was during uh the motion with the HRC um was we had a little bit more money in the entitlement grant than we estimated. So they said give them as much as you can within the cap and that happened to be the amount that it came to. Um it is an odd number. Um but those are the decisions we have to make each year. Do we give a few organizations a lot or do we try to give everybody um something? And you know, we're going to have those discussions each year and are always open to uh new ideas and and directions to go. But that was why. Yes. >> Oh, thank you. That's helpful. And it's it's always hard to answer that question that you just just posed. Uh although sometimes people need a certain amount before they can do anything. And so I assume that you looked into that as well as you know. >> Yeah. part of the application process will be if you don't get this award amount, can you still operate this program? And a lot of our CDBG partners are are taking small amounts of money from all of these different pots and they make it work, but it's getting a little bit harder um each year. >> Got it. Understood. Uh, and the the public works ADA curb improvements are for I I I thought I heard are they for a specific site or we're working with the public works team right now. So, they're doing like their capital improvement plan is my understanding. Um, we told them the amount of money that we have available for the ADA curb ramps. So, they're going to be working on their bid process and and they can do these projects citywide. Um, so they're going to give us a roster of where they're going to do the uh curb curb ramp uh or retrofits uh or make the curbs ADA compliant and then we'll kind of move forward. They're they're in the planning process at this point. We let them know how much is available and then they'll soon let us know how many curb ramps they can um add to their roster because of this this funding and give us the locations of those sites as well. >> Okay. Um, I mean, I certainly support the, you know, creation of ADA curb improvements. Um, kind of seems like something we ought to do anyway. I mean, is it mandatory? I assume. Um, I was just surprised that wouldn't come out of our normal capital budget and that it would be grant supported, something like that. Yeah, we're usually supplementing with the CDBG funds and I will um say that next cycle we want to do outreach to see if we can get more of our partners applying for multif family rehab funds and other projects that um we would maybe prioritize a little bit more. If we don't spend the HUD funds, they take them back. We can get into compliance issues. So when we're under subscribed in certain categories, we have to figure out how to spend that money in ADA curb ramps in PaloAlto and other jurisdiction I've been in that's usually the default project if you have available funds. It does meet a need. I agree that you know there may be other projects we could prioritize. we just have to do better um and do the outreach to get the applications in and there's some barriers the CDBG program puts up with the federal requirements that um make it hard for some grantees to apply. So we're we're actively trying to get more applications in for next cycle. Um so you see maybe a different projects in the next action plan. >> Okay, got it. just want to it just feels a little funny to be cutting food for seniors and and and doing it with these curb improvements, but I understand they're different categories and so you have to make put the money toward the right thing. So, okay. All right. Well, thank you. I have no further questions and I see no further lights. So, unless there's any more discussion, I think uh Madame Clerk, you can uh call the role. >> Council member Lowing? >> Yes. >> Council member Rectal? >> Yes. Council member Lou, >> yes. >> Mayor Vinker, >> Council member Burton, >> yes. >> Council member Lith Haynes, >> Vice Mayor Stone, >> yes. >> Motion carries unanimously. >> All right. Thank you very much and thank you for being here and explaining all that tonight. >> You're very welcome. Thank you. >> All right. And with that, we will move on to action item 16, which is the outdoor activation standards related to California Avenue. I'll wait for staff to switch over here. >> All right. Welcome whenever you're ready. >> All right. Well, while the PowerPoint is being brought up, Alex Andrade, good evening, mayor, vice mayor, and city council members. Tonight, we are here to discuss the outdoor activation pre-approved parklet plans for Calav. And just as a little bit of background, in June of 2025, you directed staff to develop standards for parklet structures and to utilize the architecture review board for design recommendations. In January at your retreat for values, priorities and objectives, you reaffirmed the importance of the Calav and the outdoor activation guidelines as an objective to complete this quarter two. And most recently, just a couple of months ago in April, we were in front of the architecture review board and they voted unanimously to proceed to um have you consider uh moving forward with implementation. And so before uh two more quick things here. Uh tonight's city council consideration would achieve implementation action 1.3 of the economic development strategy in supporting outdoor dining to encourage activation of commercial business districts of course just like Calab. And then one last item before I hand it over to Bruce. If the project is to move forward tonight, public works will add funding to a contract that would will be before you on June 15th that would be for street repaving. And so with that, I'm going to hand it over to our project lead, Bruce Fukuji. He's been leading this project for some time now on behalf of economic development and the city manager's office. >> Great. Thanks, Alex. Um, good evening, madame mayor and council members. It's a pleasure to be here this evening and to uh share what our progress is on this. I wanted to say uh this is really an opportunity for council to take a next step to realize council direction for California Avenue to really improve its economic and community vitality as being a vibrant neighborhood serving commercial district. Can we go to the next slide? Oh, wait. No, that's fine. Great. Yeah, this one's not working. So I just didn't I don't know what you're Yeah. But that's fine. Yeah. So I'm just going to you know briefly go over outreach outdoor activation our pre-approved parklet plans in the public space concept next steps and and um our recommendations. Next slide. [sighs] Yeah. [gasps] I I think you know we we took to heart your request to work with the ARB and I think that what's been um important to recognize just how much progress has been made on Cal Avenue. uh you know from the permanent closure of the street to amending the COB plan to creating a new legislative framework for community street doing EIR creating two different street design concepts replacing all the temporary barriers that are out there with permanent ballards planters paving and bike lanes uh creating a signage and wayfinding plan coming up with a branding strategy uh coming up with a two-way slow bike lane concept uh and then looking at now what you're going to have before you about the outdoor activation standards pre-approved parklet plans and now new public space concepts. There's actually been a tremendous amount of work that's been done. I just wanted to highlight that and over the last several months we had worked very closely with our architectural review board and it's been a pleasure to work with them and they met I mean as Alex had mentioned you had a unanimous approval to for the outdoor activation and the pre-approved parkland plans from their actions in April. Next slide. [clears throat] Yeah. So um you know we've done a lot of stakeholder engagement. Um this sort of highlights kind of the the main points but what I think is really really important to to recognize is that while this act these um this engagements taking place is that you know there's been a lot of evidence of really increased economic activity and vibrancy on on Cal Avenue. You know the vacancy rates have been reduced from 16% down to 7 and a half in the 2023 to 2025 period. And as you've seen in your sales tax reports, you see that there's been increase in sales tax revenues from Cal Avenue 2.9% but also really increased food sales, right? 13%. So during this whole process, we've been seeing really the um improvements of the economic activity that's playing taking place on the street. Now with all that said, you know, 74% of um Cal Avenue sales tax revenues for food and beverage. And when you really think about that, why is that the case? And that's really dependent, you know, these restaurants and the food and beverage stuff is really dependent on place. It's really dependent on outdoor dining. It's on gathering, you know, it's on the experience of the street. Um, it's on how to attract people who want to spend time time there. And it's about being a real place. And I think what's important is that you look at that and you compare that to other parts of Palo Alto that are retail shopping centers. And you're seeing that real place is actually performing better. And I think that you're going to see the actions you could take tonight will help advance that considerably. Next slide. So for outdoor activation, just really briefly, you know, we looked at precedents. We came up with really great design solutions. The ARB was fabulous with our discussions around that. You need to know that we met with that ad hoc committee uh twice a month for almost 6 months. I mean was a very detailed process and working with them. But I just want to highlight that this outdoor activation program is going to meet some very important economic vitality objectives. It's going to be able to expand options for commercial use of the public rightway of sidewalks and roadway. It's streamlining permitting. It's creating a very efficient process for businesses to be able to do their permitting. It's looking at how to do it in a way that creates a diversity of options that can be for the lowest amount of investment and the highest level of investment. They're very flexible in terms of what businesses are interested in wanting to spend and accommodating all of those choices and it makes sure it focuses on improving the customer experience for all year round dining and maintain storefront visibility. So I think we've you know um accomplished a lot with these activation standards. Next next slide. Yeah. And I just one of the issues that came up when we met previously was just about making sure that the amount of outdoor dining area out out on Cal Avenue is not going to decrease as a result of creating standards. And what we've been looking at is uh the trends that have taken place in outdoor seating in 2024 was 16,200 6 12,620 ft and the blue is sidewalks and the red is is roadway. And then it decreased in 2025 and that's just you you had 20 restaurants and then went to 19. But it's mainly because of kind of post-pandemic shrinking of the amount of space that actually is needed for for dining. So they can actually balance out what they can do with their inside and outside dining based on their kitchen capacity and their server capacity and reduce it slightly. So this activation program is going to you know basically enable equivalent or greater amount of current seating that there is now. And I think that's just a very important finding from the work that we've done. um 19 to 20 restaurants can have pre-approved parklets in front of their storefront if they choose to do that of varying varying sizes. I just wanted to highlight those really important parts of of this program. Next slide. Yeah. You know, the pre-approved parklets. Um you know, I I think that this is probably the the part of this whole effort that I'm most pleased about in terms of this in the public space design. You know, um we came up with this idea that look, why don't we have three different options for pre-approved parklets. Uh you can do a roofless one, any square footage you want, no square foot limits, or you can do a cabana or pergola. You know, the cabana is a little bit like knockoff because of the mid-century modern sort of theme. That's part of what was, you know, when we looked at the branding exercise of what community members really liked with that modern optimism concept. So we helped to extend that here that has sort of basically slope roof with you know uh overhangs and then we looked at a more modern concept of pergolo which really has a flat roof no overhangs you know steel brackets we looked at the lessons learned from the existing pre-approved parklet program and applied it applied it to this what I think is important is it creates an option to have a parklet where it's already designed and engineered and it meets all the objectives that we talked about for Cal Avenue it's open it's transparent and then you can have roll down shades to be able to address weather, whether it's wind or sun or things like that. And and and [snorts] by using taking advantage of being carf free, you don't have to have railings and barriers for cars. We actually have open railings, you can have cable railings, a whole variety of things. And so, it's creating options for transparency and there options if you don't want to be transparent. It's it does the whole range. So, I feel very good about what we've created here and I think it'll look great and I think they'll be fabulous on the street and it's going to make Calab a really beautiful place. Next slide. Um, so I want to just go over this public space concept. You know, we had the the pre economic development committee meeting back in March. Basically, they looked at the two-way slow bike lane concept and felt like that's too much bikes on Cal Avenue. And I I agreed with that assessment. I thought that was a really astute observation. So, we looked at a different a different approach. Now, what what this approach is is it says no traffic markings, no standard traffic markings for bikes. Okay? It says, "Okay, how can we take the roadway now? [clears throat] There's no more vehicle movement that's happening there and create a flexible commercial space. It's an active space that allows for, you know, businesses for outdoor dining, allows for community activity, allows for events, has safe access for everybody, and allows bikes to be able to go through there. And so what what we came up with as a strategy is what we found is that when you do these thermoplastic stripes, that's what you're seeing right here. And they're all colored differently. They're basically horizontal, extend from sidewalk to sidewalk. The thickness of it is just enough. So when you're riding your bike and the faster you ride your bike, you're going to really notice this this this textural thing. So what we're trying to do is create behavioral cues for people to change their behavior. Now, obviously, it's more fun to ride your bike or easier to ride it on smooth pavement and not on bumpy pavement. Okay, so that's the main idea is to use texture as a way to kind of control bike speeds. Natural separation. We're sort of assuming that people will learn how to behave on the street. Okay. And we're saying bikes here is a destination and then looking at like Cambridge when that can get improved for more through bike movements that would go from like park all the way to to El Camino. So this is sort of for destinations, but it's open for kids to be able to do safe routes to schools. Designed so that if you're like 10 years old, you can really easily understand how it works. It's got a dotted center line which divides the way the the smooth surface areas for bikes. Now, we met with the people at Vista Center for the visually impaired and blind and we talked about this and came up with some strategies to make sure that this is universally designed. So, if you're disabled, if you have visually impaired, that this this environment works for you. And they love this concept. And one of the things we added is a tactile directional indicator that goes from crosswalks to crosswalks. So, it allows you, you're blind, to be able to walk in the street in the same pedestrian space as everybody else on the side where all most of the restaurants are and have access to all that. They love that idea. They have a few other great ideas that we haven't implemented yet, but I think it's a it's a strong direction. So, you know, that's basically the idea here. Um, in this drawing, just to help visualize things, shows if you did pre-approved parkletits and you did outdoor dining and everyone did their thing, uh, that how much would that, you know, occupy of the public space, including the encroachments that are done. So, it's help you sort of visualize like what does the thing look like when it's when it's built out. So, it's an inexpensive, easy to implement, artistic, attractive, and functional thing that actually is trying to say that we believe that people can have the right behavior and then be able to do that. So I just wanted to highlight that that's this concept. You can see the next slide. It's the same thing for for the other half from Ash Street to Birch Street. And then we we clustered bike parking at the entrances at El Camino at Birch Street on Ash Street and over in front of Country Market. So if you're coming off Amosa Lane, you can park your bike and then be able to walk walk through there. And any business that continues to want to have their bike parking in front, we said great, we'll just keep it. So that's what that's what this layout is next. So, um, next slide, please. So, just just to kind of wrap up real quick, um, you know, today's council consideration on outdoor activation pre-approved parklets and the sign ordinance, I didn't get into details of it, but basically the sign ordinance amendment allows businesses to put a sign six square feet on their parklet or have a sandwich board sign without having to go to the ARB and go through a sign permit process. We're trying to expedite this. Next thing is Alex mentioned, you know, quarter three, four, looking at what to do to if you take your action on June 15th, which is the issue that's going to be before them around uh making an amendment to a greaty paving contract so we can help expedite what to do to repave the street. You know, public works says, "Look, if you're going to do it, just repave it. Don't resurface it. Do the right thing and make it look great." So, we're looking at 300,000 being moved on June 15th if you prove that. So, that work can get expedited. We're trying to look at what to do to finalize that construction schedule, coordinate with merchants around the impact about do that so that when that work's done, then anyone who wants to do a pre-approved parklet or a custom parklet can go ahead and do it before the end of the year. So that's what we're trying to do. Uh and then we're looking at what to do next year, which is really refine that public design of that space. It's a concept, but it needs design work specifications and it's got to be bid and installed. And in doing that, we're also looking at what to do to remove some of the sidewalk barriers that are per making it harder for people to really take advantage of the sidewalk for outdoor dining. So that's that's it. That's my presentation. I'm think I kept it to 10 minutes, which was the request. I'm getting better at that. Um anyway, so thank you. It's just a recommendations. It's in the staff report. I didn't think I needed to go through that. All right. Thank you. >> Well, thank you. That was quite a report. A amazing to put it in the 10 minutes. So we really appreciate that. Um, council u members, I'm going to ask and see if there's any uh initial uh clarifying comments or questions and I'll start with council member Bert. >> Thank you. Um so first thanks for all the progress on this and I want to thank the uh economic development committee for their review on and particularly this one issue of um the biking and 3 to four years ago when we were looking at this and um on whether we should have biking um down Calab we one of the things we recognized it's been in our bicycle and pedestrian plan as a a bike route but that's when it was uh a street in Cherros. Um and what has just increasingly occurred is that the proliferation of especially throttle ebikes and um [clears throat] hearing from merchants, hearing from residents, witnessing it, uh I've come to the conclusion that our circumstances have just changed in what biking means and the constraints that we have uh by state law on not being able to regulate uh those vehicles which are many of them essentially electric motorcycles, low powered electric motorcycles. And we can't regulate um uh just allowing uh pedal powered conventional bikes which could have historically been I think modulated and have a slow bike route. Um, so, um, I I continue to, uh, really want to make sure that Calab is a biking destination, but I've come around to that there's there's not a good way for us to be able to um, have the slow biking and the safety of uh, bikes and pedestrians there together. Uh, in a circumstance where we have this just growing proliferation of fast electric bikes. Um, and so I'm I'm going to be real interested in diving deeper into if we if colleagues are interested in that. How do we make it so that uh we still have Calav as a bike destination but not a through route? How do we get Cambridge to be safer than it is today because it's not good enough at some areas and the alleyways and all those things. Um, so that's going to be something I'm I'm very interested in. Um, I did have a question on the repaving because I haven't really noticed the pavement being in bad condition there. So, there's the issue of removing the plastic uh surface uh markings. Uh but are there is the pavement con uh in bad shape and and is there that need for repavement versus using those dollars for other purposes on our plan here? >> Yeah. Just um briefly, you know, the initial proposal was just to uh scrape off all those traffic markings and just sort of slurry seal the road. We went through and talked with public works staff and they felt like that would not be a good long-term solution and that the pavement was actually going to be in need of being to be replaced. So, it's a better was a better decision to actually do that. It's a better permanent condition for investment to attract attract investment. >> Well, I heard that, but I I'm still not hearing >> is the pavement in a condition that really needs to be replaced versus the markings removed. >> Right. you want to take? >> I was just going to add not necessarily. It's really more aesthetic. Um, and also would allow the existing parkletits or outdoor dining to be uh disassembled and kind of start fresh. But, uh, >> allow it or require it. I mean, >> require it. >> Yeah. Um, okay. So, I'm I'm mean just we we were I mean Holly's not here on this, but um you know, it would be scheduled to be repaved in a in a very short period of time. So, would it >> Yeah, that was part of the thing. She said, "Look, it's it's going to be ready to be repaved in the period where you're going to be doing this this work." >> So, based on that, >> I >> Yeah. >> Um >> I know it was done in 2016 and I think it's not been that that's not it's 10 years ago, right? So >> yeah, I I I still question whether it's in a condition that needs repaving um and whether we should use those dollars for better purposes. It may be that it does, but I'm I'm a little surprised by that. >> I think certainly if we get the direction tonight to proceed with the plan, then we will work out the specifics on the most cost-effective approach. >> Okay. >> Just one last thought was that just I just the slurry seal and clearing off the thing costs more than doing the repaving. So there's not like there's another option that's less expensive. So I think that that's the other thing. Okay. Thank you, >> Council Member Liscott HS. >> Thank you, Mayor. Uh I want to echo Council Member Bert's concern about bikes. Uh the the cycling climate, as he knows better than most of us because he is an avid cyclist. Uh but even those of us who aren't can see the whole climate has changed with these uh throttle ebikes. Um, and until that situation gets kind of coralled, um, I think we're really putting Calav at risk of becoming what it can be as a pedestrian thoroughfare by allowing the bikes to come through. I was actually surprised to see I was glad to see you consulted with the Center for the Blind and Visually Impaired, but then surprised to hear that they thought the plan was really nifty and neat. Um um so perhaps you could speak a little bit more to why they seem sanguin about uh visually impaired people on a road with fastmoving bikes that really aren't even going in a straight line but are meandering some and and also if you could speak to the question of whether Cambridge could be the more suitable route. Um, you know, there are people who will use their bike to get to a restaurant or a shop on Calav and that's their destination, but there are plenty that are using it as a thoroughare from the train to the research park or El Camino. And I think this street is no longer for that. Um, that's not the purpose of of the closed off section of KF. And so we really do need to make it safe for them to go down Cambridge. Um, but could you just say a little bit more about the uh why the lane the bendy bike lane seemed attractive to the folks at the center for the blind and visually impaired? >> Yeah, it's a it's a great question. I really enjoyed chatting with them about this. They really like that it's a car-free area. um they felt like uh they wanted to be in the same space as other pedestrians so there's not a separation between them and others so that they can enjoy that with their able-bodied friends. Um and then for those that are on their own, they they like that there was a um the tactile directional indicator so that they can actually be able to have a route that's a channel and be like on the road they can follow doing that. Now, we we we talked about other things to help make things safe for them. And they said that they would cross the street at the crosswalks and not just meander around on the roadway. So, they would stay where a directional indicator is. And I think that that would help quite a bit. And then they asked about ways to make it easier acoustically for them to understand that where bikes are. So, they thought there should be some changes in the texture on the bike route before you get to a crosswalk so they can actually hear bikes. so they can understand what's going on in that environment before they make a decision to cross the the bike area. So I think they felt like if there's an area designated for them that that would really really help. Plus they can use a sidewalk. So that was the feedback we got. >> Thank you for that. Um I should have opened with gratitude for all the work. So much work and I can see it all coalesing here. Really glad to hear that the process with the ARB has really been productive and fruitful. Um um how has the work taken into account the potential new housing projects that are coming at 414 and 156 California, the ingress and eress for those uh sites? >> Yeah. Well, uh 414 California is on the carfree portion. Um we've met with uh Jason and others on that. Um the outdoor activation standards would apply to any development that happens there also. So it creates opportunities for outdoor dining on the sidewalk or the roadway. Um that building uh if it's over, you know, it might be 75 ft high or so it it would require one change in the plan, which is the central access way would need to be 26 ft wide in front of their building in order to be able to address ladder trucks, which now it's only 22 ft. So there that approval of that project would require a few changes, but that wouldn't affect outdoor dining for anyone else. Um, yeah. And I think it would remove a curb cut if they did that because there's a bar that right now the existing bank has a curb cut for the driveway. So, they would have to improve that. >> I guess I'm raising 156 also because hundreds of people uh will one day if go ends up being built be living there and hopefully make their way onto the rest of Calab to shop and just sort of being aware of that massive influx of people. Yeah, I you know um Cal Avenue is a destination. People love going there and the more people that you have living near it, well, more people will enjoy enjoy using it. >> Can I just ask one question about your slides? I was confused and maybe I wasn't paying um close enough attention when you got to slides eight and nine with which is the public space concept west and east. the little colored lines on the road, the the white dots for the bike path, but the colored lines that go perpendicular to the bike path. What is that? >> The uh lines perpendicular to the bike path are thermoplastic surfaces. That's what you see for how most traffic markings are that are now on roadways, but they're they can come in various thicknesses. So, this is sort of like thick thermoplast. Um that's >> will they be in those colors? Um, they can be in those colors. Yes. >> Was that your intent that this is carrying the branding forward to the >> Absolutely. That was the idea. >> Okay. >> Yeah, exactly. >> Thank you. I like that. Thank you very much. Done, >> Council Member Lou. >> Thank you. Uh, just a few uh initial questions at this stage. I've been able to see this uh in the economic development committee and with CalF merchants and appreciate uh really deeply all the work that's gone into this to understand the timelines. The uh intent is to do potential repaving in June and there's a weather window mentioned of October 2026. So would the idea be all the painting and other markers be complete by October 2026 or would just the repaving be done in summerish and then the rest of the work done the next spring uh like April 27? >> Yeah, the latter. So it's just doing the paving that the other public space work needs to uh have funding allocated for it. Okay. >> I've heard some concerns from business owner that the ballards and emergency vehicle circulation may have issues and as we you know consider redesigning the street I think it's the right time to talk about those. Can you or uh I mean I see our fire chief is here probably for this purpose. Speak to whether there were any operational issues so far with the ballards and uh sort of access paths we've carved out whether we think those are actually sub substantive delays or operational issues going forward. Good evening, council. Steve Lindseay, fire chief pal out the fire. Uh when it comes to the Ballards and emergency traffic flow, uh we did a cursorary review uh earlier today in preparation for this meeting. And looking at the last calls that we've had over about the last month, the month of uh April and um right now in May, uh we we didn't see a significant delay at all in the area. Actually, our average call times for the calls on Calav were about 5 to 6 minutes with one that was about 8 minutes from what we could find. Um, so we have had some reports of people being concerned about our access to the buildings. Um, one of those things is there's a condition where we may park right outside the bowlards and not lower them and take our gear in, such as for a medical call where that may be a more efficient approach. We do something similar when we go to apartments. Sometimes we don't commit our apparatus down into a parking lot of an of an apartment complex and we might park on the street and carry our gear in. And so a lot of that is dependent on the captain, the company officer to make that decision of where they place the apparatus and whether or not they want to make entrance beyond a bard or if they want to carry their gear in. >> Uh if the ballards were more technologically advanced, could go up and down with the click of a button. if they were uh if the street were otherwise designed to discourage cars from coming in but there weren't a ballard so ambulances could squeeze through. Are there any operational improvements for example that you could note that are maybe not hindrances right now? >> I appreciate that question. I think right now the way that it's been designed is really we took a lot of that thought into into consideration and we currently are able to function within the current design. Um, when it comes to committing, like we call it committing, but entering a area that's not designed for vehicles typically, um, we just want to be really thoughtful of that as these are big apparatus and you might have pedestrians, some that might have earbuds on and, um, not necessarily be expecting a 40,000lb fire engine to be driving down. And so, um, these are things that might make us reconsider whether or not we want to drive down there. Now, if there was a fire, for example, and we needed to get apparatus directly in front of the building, we would do so. And we would probably send somebody in to clear out the crowds and also make sure that there was no lingering chairs that may have been encroaching the areas where they're supposed to be clear. >> Okay. Thank you. >> Yeah. Thank you. >> All right. Those are all of my questions. I'll have some comments later, >> Council Member Lowing. [clears throat] >> Yes. Thanks. I have actually a number of questions, but I'll hold some of them until public comment. Um, one of the things I wanted to probe, however, is a couple of things with respect to outreach. Um, you say initially on page 339, done a lot of outreach with California Avenue merchants, community members, and you say it in a couple of other places, but there's no quantitative information there. So, I don't know if that's five retailers or 25 retailers or or or what. And I I particularly want to hone in on um the cost of the project in terms of when you put the encroachment permit in and so on. Um have we actually checked with and you say over on page um well you said it in your slide where you talk we're going to have about 20 uh activated uh restaurants retailers out there. Do do we know that? Have we talked to those 20 and said are you interested in this at this cost? >> Yeah. Um that drawing is an illustrative drawing of the potential buildout. It's not assuming who will do it. It shows if everyone wanted to do it, what would that look like? >> Okay. >> Um in terms of the outreach, in terms of the number of uh businesses that we've contacted, um you know, when we had our our monthly meetings, it would vary the number of people who would attend. It could be as low as five. It could be up to 20. So really, it depended kind of been on the agenda around doing that. Now we we also augmented that by meeting with businessmen with merchants individually if they requested that and we would do that on site at their location and go through the specific issues and needs they might might have. Now we we held these meetings on Cal Avenue to make it as easy as possible and we picked a time that would work between hours when they were having their meal service and things like that to make it as easy as possible. I would say that at the the beginning like when we had our consultants and we were doing sort of very focused activities I think we had a greater turnout but I think that um you know I think we've had a a decent turnout. I wouldn't say that you know we didn't not everyone who businesses on the street attended those things. There's a history around that. >> Sure. >> Yeah. I know that. >> Yeah. Yeah. And then on on the on the >> I used to be on that committee and sometimes it was pretty sparse and sometimes it was pretty full. So >> Yeah. Exactly. Yeah. >> U but I but I really do want to we should do some sort of a test market with those 20 and say look this is about what it's going to cost for your encroachment permit >> and your rent and all that is that appealing. >> Um because if we get nobody's saying >> I want to eat here then we got a problem. So we have to do some revisions. So I mean I don't think we want to go through all this work and then find out that it's not salable. >> Yeah. and and and a footnote to that is a question. It's not here, so I presume it's not included, but that's what I wanted to ask. Um, is there any possibility of grandfathering in an existing parklet if it's if it meets the standards so that they don't have to basically repay for all the construction? >> Yeah, we I mean, the strategy was to um facilitate all ranges of investment. So, if you just want to do outdoor dining like cafe seating as if you have out there now, you can use a lot of that, but you can't use all of it. There's some limits. When we went to the Airb, there's some things that just aesthetically like residential fencing. when you see these little like picket fence things like that, we felt like that really needs to be commercial grade and not residential, you know, the kind of so there's some things we set some limits, but um in other cases we're saying like if you wanted to use your premium fencing that you've created already or screens and you want to add like a transparent screen for increasing the sort of windbreak for things like that, then you could you can use those things and you can do them in the configuration on the street and and it's and it's a um it's perman permanent but not permanent. They're not permanent improvements. So then our utility people are not saying you're building something on the roadway. So yeah, we're doing there's some that really do need some improvement. I think >> I I love your idea of operable weather screening. That covers a lot of uh sins. So that's good. It gives you some flexibility. Uh and it really it really states the point. Um but if somebody says, "Wow, whatever the price is, I don't know what this average thing is going to cost or the lowest price if it's 25,000." And he says, "I only got 5,000 to spend. Do [snorts] we really want to if they would modify it a little bit, hopefully we can work with them to keep them out there as opposed to take it down. >> Yeah, that's that's the way we we structured it. Uh it accommodates a lot of options um for how how you can go about doing that. >> Okay. And then one other thing that in talking with retailers, I found out about the U gas man that goes down one side and that's going to need some accommodation as well somehow because we don't want to shut down half of the parklets. Yeah. >> So what's the game plan for that? >> Well, we we we done a couple of really I think very smart things. One is that in working with utilities and public works creating for the main main that goes down basically like 29 ft from the face of the building on the south side, you need to set back 2 feet. All right. But we said for the laterals, you know, you can you can do a parklet over a lateral as long as you introduce a gas shut off valve for being able to sort of address that that issue because on the main it's very very high pressure. All right. So that's something you can kind of control a little bit being able to deal with that. >> Well, you I think not to miss the point though, council member, the work that Bruce and the teams have done has really been to already map out those specific locations. So that work has been done and the layouts that you're seeing in front of you reflects that as a part of the plan. >> Okay, good. So there there there's no situation which if I'm XYZ retailer, I can't put up a parklet because of the gas lines. >> Well, if the gas lines there, that is a limitation, but it's already been identified. >> Yeah. Yeah. I I think as a um like baseline now, if you do a parklet on University Avenue or somewhere else, you know, the parking space is 8 ft. You got to got to set it back 2 ft. It's 6 ft. That's how much these parklets are. Right on Cal Avenue in those areas where the the gas main line is, we're saying it's got to be 9 in shorter than that. All right. So, it's like a little bit less than what is already being done citywide. And then we looked at how to have exceptions where you can do overhangs and things like that over the sidewalk. So, you can actually create a much bigger parklet than what you where you can in other other areas in the city. >> Okay. And I also had a number of questions about bikes. So, I'll hold that till till later. Thank you. All right. Thanks. Uh, I'll ask a couple of questions before we go to public comment. Um, I do want to mention that I really like the, uh, taking advantage of not having cars there so you can do the lighter transparent structures for the parklets. I just think they're much more attractive and uh, really appreciate seeing that. Um, although I do agree with council member Lowing that we should get some kind of poll to figure out, make sure we have the takers that we hope. Um [sighs] just gonna just just just just very briefly uh because the council members Lithcot HS and uh Lou asked most of the questions I was curious about on the public safety front. But we do have the mechanical operable uh ballards. Now, I think this is may maybe Chief Lindsay, just to indulge me just a little more detail. Not a lot, but uh I guess I I just want to make sure that we really can get to uh the places we need uh in a timely way. And so, do you like carry the keys with you? like how does this work to to to make sure that there's just really like if you decide not to park and carry in, you know, because this whole closed street has introduced some, you know, greater degree of risk even if you go have to clear the people out before you get there. And I just want to make sure that we really do feel comfortable. We can get in there when you need to. >> Certainly. And um I'd like to just touch on that a little bit. uh Chief Jassa worked on the project and um I want to thank her for all the work that she did. But what we ended up doing is having our rigs drive through there with markings on the ground to make sure that we had both egress and ingress into that area um both with turning angles from different directions. Um to make sure not only that our fire engine and ambulance can get in there, but also our ladder truck, which is much larger. um it does articulate off the back so it actually gives a swing uh with the operator and we did a series of different uh entries and exits in that area and also looked at apparatus placement. Uh one of the biggest things that is kind of been our sticking point with this whole thing is making sure that we have the proper setbacks with the parklets and also that there's not encroachment into the safety rightway. Uh because with that you know with that lane in the middle that gives us access within all the different businesses there. But if we start getting furniture or things that maybe because we're not, you know, watching it as closely or policing it, um that could create obstacles that even plastic chairs could slow us down. We'd have to move them. Um but that's that was one of the considerations that we took into place. As far as the keys go, yes, we do carry uh key sets. Uh we have uh a lot of keys on our fire engines and ambulances. Uh but we we made sure that we had a copy made uh for every every rig and every apparatus and then our battalion chiefs carry spare keys in case somebody's breaks or they lose them. Um and then we have alternative entry pathways as well. So those were all part of our kind of our research and uh condition uh that we wanted to accept it in. >> Okay. Well, I I'm of course not surprised that you would have redundancies and and things. That's that's your you're pros and that's your job. But I I just wanted to understand it a little better. So I appreciate that. But you know, so this is what you're describing now is sort of the design piece. And so I don't know that this is the right time for it, but you also mentioned like the operations like, you know, in terms of policing the furniture and all of that. I don't know if Mr. Andrade is the right person or who's to ask, but like somebody needs to to do that to some degree. Um, have we how do we expect that to work to make sure that the ways are clear? I mean, do we have like do we plan on once a day someone goes through or how do how do how would we work that? [sighs] >> You're referring to the >> I'm referring to the fact that if a chair is in front of a fire engine, that's a problem. [laughter] >> Well, in large measure, that is why again we've got these outdoor activation guidelines. Much of it will rely on the merchants that have their furniture in the street and that's uh uh requiring uh parameters on where they can be placed, the types of furniture that are used and uh again how that entire uh level of responsibility is established. >> Yeah. And that's that's probably a culture that will grow up or not depending on the the first several months. So I think you know anything we can do to I mean it's in their self-interest, right? So it's their the the safety of themselves and their clients. But I I think that's something that it would be nice to develop an expectation on the street that there is some shouldering of the burden for that because it could become a real public safety problem if we don't have that. So I don't know how one does that, but it seems like that's something we should be looking at as well. >> Certainly both public safety as well as expectations of what the street looks like, how it's maintained, cared for. Uh overall, >> yes, >> I would add economic development staff is having conversations with public works as it relates to code enforcement and just making sure that um that actual enforcement is taking place and we create some some good rules and uniformity along the street. Yeah, that's great because it it kind of relates to um getting back to what's our overall vision for the street and communicating that and so it's kind of part and parcel of the expectations for how one behaves as you know on the street. Um so I I do think that's something we need to be focusing on and communicating as we go. Um to really live into the potential of the place because there's phenomenal potential if we do it right. Um, let me ask a slightly different question and then I'll I'll uh hold uh other comments. Um, you know, we we've heard a lot about uh the ebikes. I agree with my colleagues that I think we all agree they've become problematic around town a bit. Are they strictly prohibited on Calava or not? And could we do that if we wanted to? I know there's a whole enforcement thing around that, but um right now are they allowed like other bikes? they are allowed and again this is per prior council direction. So I I think it is worth noting that what's specifically in front of you tonight is the outdoor activation guidelines. I think you've certainly heard the concerns uh and perhaps desire to revisit the prior direction on enabling uh cycling through the street and as such perhaps that's a a specific topic we would bring back at a different time as to how best to manage that. >> Yeah. and and I just was more trying to figure out the state of play. I agree we shouldn't be have a full debate about that tonight. Um but uh if that's something that could be part and parcel of it because I could see perhaps still have you know being more or less interested in the bike lane depending on what's using it. So that that's part of why I was asking. Um okay. Well, I'm going to hold there and turn to public comment. Madame clerk, how many speakers do we have? We have four requests to speak and uh one person one more additional person just rose their hand in on Zoom. So we have a total of five. Great. An additional person rose their hand in Zoom. So, we have six. Our first speaker is Charlie W. Good evening, Mayor, Vice Mayor, Council, and Staff. Charlie Widance, Palo Alto Chamber of Commerce. I'm here tonight on behalf of the chamber to thank staff and the Calav businesses for their work in developing the permanent outdoor dining activation guidelines for California Avenue and to support the staff's recommendation to adopt these guidelines. The effort toward a shared the effort towards a shared vision will result in transforming California Avenue into a vibrant destination for residents and visitors. These activation guidelines are the critical next step to turning this vision into reality. For some Calav businesses, they have been hesitant to fund highquality permanent outdoor structures while operating under temporary rules. These guidelines, especially the pre-approved parklet designs, provide clear framework, streamline permitting, and the certainty our restaurants need to confidently invest their own capital into long-term outdoor spaces for customers. These guidelines ensure a safer, more m more unified and accessible experience. By establishing clear standards for aesthetics and layout and moving to designs that provide comfortable outdoor dining year round, you have created an inviting atmosphere that encourages residents and guests to gather. A vibrant outdoor dining culture is no longer just a temporary trend. It is a permanent cornerstone of Palo Alto's economic vibrancy and community health. We urge council to approve these guidelines tonight and let's give our merchants the tools they need to build a thriving year-round destination on California Avenue. Thank you. >> Our next speaker is Doria S. >> Um thank you. Good evening, Mayor, Vice Mayor, City Council. I want to thank you and and staff and the community on Calav um for all the hard work over really actually it's been five and a half years since the street closed and I know initially that not everyone agreed to that closing the street was the right idea but I think what everybody really got behind was a beautiful new community space that would attract people to the street and support our retail landscape there. So, the one thing that I think really needs to be changed, and I'm only going to speak to one aspect of this plan, is the bike lanes down the middle of the street. And so, I'm I was sort of happy to hear some of the comments because as a person who lives two and a half blocks from Calav, I'm there at least five times a week. And I agree that bike I I think any bike lane down the middle would not be welcome there. I think that the community expectation was for a real um vibrant community space and a bike lane down the middle is pretty difficult to deal with, but the new uh I guess it's a throttle style. I'm not a motorcycle person myself except to admire them at a distance. But those um electric vehicles, personal mobility devices are really difficult and unwanted. I think they make the street very unusable for people with young children and dogs and also disabled people. So I think rethinking that is absolutely necessary for a successful outcome that will really support our businesses on the street. Um as to the actual design, I it's very hard to picture this thermoplastic rainbow um and how it will really work. I I cannot imagine something that's equally rough to encourage the bikes bikes to stay on a smooth area that isn't so rough that it would be um unpleasant or unattractive to some pedestrians, maybe some older people, disabled people, children with tricycles. It's just very hard to imagine. I've never seen anything quite like that used. I I've and I don't think there were examples that I found in the staff report. So, it might be useful to have a better handle on how exactly that would function and aesthetically look and how appealing it would be. So, I'm very happy to hear the conversation so far this evening moving away from bike lanes at all in the street. And I'm also would like to note that Cambridge Avenue is already slated for a buffered bike lane uh [snorts] in the ped bike ped master plan update. It's not there's not a lot of information, so I don't know if it's two-way or if it removes um parking from that area, but it does in that plan um say that they would have to have it for days when there were events on Calav that prohibited biking at all, which would indicate that sometimes there's going to be no biking signs at all. I think it gets pretty confusing and I even think that the green continuation of the green regular bike lane would be less confusing, too. Thank you. Our next speaker is Barry H. >> Hi. Uh good evening, mayor, vice mayor, council members, and staff. My name is Barry Hatfield. I'm the owner of Gamelandia, uh located at Palo, uh California Avenue in Bird Street. I'm speaking tonight as a business owner on California Avenue whose businesses would not whose business would not directly benefit from the outdoor dining guidelines. Uh we do not sell food or alcohol and we are adjacent to rather than within the closure itself. Um even so I strongly support these guidelines because I believe it benefits the California Avenue business district as a whole. The street closure has already proven to be a major success. It has transformed California Avenue into a more vibrant, walkable, and enjoyable public space that continues to attract residents and visitors alike. Uh, thoughtfully designed outdoor dining infrastructure and the potential opportunities from an entertainment zone will build on that success by encouraging people to spend more time in the district, enjoy the public space, and engage more deeply with the businesses that make California Avenue special. More activity, more visitors, and a stronger sense of place help create a healthier commercial corridor for everyone, not just the businesses directly participating. California Avenue succeeds when it feels vibrant, welcoming, and active. Bringing more people to the area, supports the broader ecosystem of retailers, restaurants, and small businesses that make the district unique. A rising tide truly floats all the boats. I would also just like to add that um I do agree with some of the observations being made about uh California Avenue being a through bike corridor and that problem is only going to become more uh serious as ebike proliferation continues. There is an existing route um along Park Boulevard that connects directly into Sarah across El Camino into Stanford campus. I would strongly discourage staff from considering Cambridge. It's a two-way road with lots of people coming inbound and outbound from parking, picking up food. It is not a I would not consider it for being a uh bicycle corridor. I would look at park into Sarah right out of the underpass um under the Cal Train. Thank you very much. >> Our next speaker is Todd B. >> Um thank you uh council mayor. um city manager and staff, uh fire chief, everyone. Um I'm Todd Burke. I actually live on California Avenue. Uh I overlook the park at the end of the street. Uh a couple of different things I wanted to point out. Given how much time I spend on California Avenue, I probably constitute uh furniture at this point, but nevertheless, um I'm not proposing renovations to street furniture. Uh, but I am here to offer support for item 16, the outdoor activation standards for the businesses and the restaurants. I think the parklets have been a great success and they've really helped transform California Avenue and I think adopting the measures tonight will help even further and I support giving the businesses the certainty they need to make the investments to really drive a highquality permanent outdoor set of spaces. Um, but as we take this forward, I want to offer just a couple of things. I think we maybe could move just a little bit faster. This has been under discussion for quite some time and [snorts] I really think there are some chances to maybe um move a little bit faster in the placemaking that we've discussed. Um, we've studied it, we've tested it, we've debated it, we've refined it, we've put it through the grinder, and I think it's time to really um get this closer to completion as soon as possible. Also, um, we really need to put pedestrians first. Pedestrians, not cyclists, pedestrians. I'm a pedestrian on California Avenue, and I've seen my life nearly vanish before my eyes because of these. I didn't know they were called throttled ebikes. They are motorcycles to me. They're fast. They're obnoxiously fast and super dangerous. I'm a fan of removing them entirely from that portion of California Avenue. Thank you, uh, Council Member Bert and Lifcott Haynes for mentioning that. and noticing it. Um, I know the bike community is very uh viferous here in Palo Alto, but it's a safety matter for pedestrians. Um, and then I think it's very important to make sure that residents are also involved. I know that we've done a really good job with outreach for the businesses. Um, I lived through the street uh tree debacle and when was it 2009 and then all of the meetings we had about which trees and how the sidewalks were going to be partially glass and two lanes from four residents got involved I think a little bit later in the process. It feels like they might be just a little bit later in the process here. So definitely would like to see residents involved. Um, so those are my comments but thank you all for the opportunity and this is a great project. So very excited to walk down the street and become further furniture in the street. Thank you. >> Our next speaker is Leland W. >> Hello. Uh good evening council members, staff. My name is Leland Weezner. I've worked in leased offices on Cambridge Avenue for approximately 25 years. I'm speaking this evening although it seems a bit out of place but um in support of reopening California Avenue as we've had six long years of closure and we've got no positive fiscal or community results. We've have no follow-through on promises made and and as as the mayor and others have pointed out, no safety studies providing certain access for emergency fire and police. Every time the topic is brought up, it's a question mark. I I've see and read about alleged decrease in tax revenue in PaloAlto. I would like to think that by now council would realize they are doing something wrong and simply open California Avenue. Indeed, vacancy is down because of the AI super cycle boom. I have leased almost all our office space to AI companies and they are booming. That has nothing to do with the street closure. There is no correlation. This boom in AI technology has saved almost the entirety of San Francisco and many cities up and down the peninsula. Yet PaloAlto remains adamant to keep closed one of the most vibrant city centers they have, California Avenue. PaloAlto has spent millions of dollars in consultants, hundreds of hours on community meetings, but the only thing we have to show for this is a few potted plants, red safety cones, circus tents, random illegal encroachments by restaurants, and signs urging people to walk their bikes that they regularly ignore. And that's the truth. I've almost hit them. They've almost hit me. I would also like to mention that other places in the world allow cars, bikes, and people and dining to work together without any street closures or special bike lanes. I personally experienced the beautiful and ancient city of Ko near Lake Ko, Italy. I experienced cars, bikes, ebikes, people mingling together as it is all good for business and vibrancy. Bicyclists naturally get off their bikes and walk them when there's cars and other people around. There is no signs asking the people to get off their bikes and they just do it. There's no policing. As a result, no business in Ko suffers at the expense of others due to road closures as people roam while cars, scooters, and bikes all interact carefully around each other. Ko is a 2200year-old city. They seem to have figured it out. And I don't I hope that we don't spend 2,200 years trying to figure it out here in PaloAlto. Six years is enough. Please open the streets and stop trying to change something that was never broken in the first place. Thank you very much. >> Our next speaker is Michael. >> Uh good evening uh mayor, council members, staff. This is Michael Ecwall from Laborita over in well California Avenue. Sure you already knew that. Anyway, I want to thank you all and apologize in advance when I ruffle your feathers or cause offense. I'm asking you to vote no on this issue tonight. If you read my letter, which may have been a little too long, you already understand why. But quickly, here's a 2 minute and 32 second summary statement. California Avenue deserves to be safe, accessible, clean, and attractive. In my opinion, safety is paramount. How many times must emergency services be delayed by the street closure before we take this issue seriously? I think the city obviously is aware of these ongoing problems. But just think if 911 is called for your child, your spouse, your parent, and you're watching firefighters or paramedics struggle to gain access when every second matters and it could mean the difference between life and death. I'm sure you'd have a different perspective. So, before investing more money in this project, where are the safety studies? What do our first responders have to say? Although I did hear the fire chief, and I appreciate that, but what about access and emergency response times? How have the response times and routes changed since the street closure? And if they're longer, how do we accept that? So, tonight, you're also being asked to approve an expensive parkllet program. Yet the city as they admit does not know how many businesses will actually participate. And if only a handful of these 19 restaurants build parklets, do we consider that a success? So most of the businesses on our side of the street actually can't even participate fully to have a weatherproof parklet because of the issue that was brought up about the gas man. So the reality is that we are not simply a restaurant district. California Avenue is a business district and any long-term plan must work for everyone in the district. So after six years as a closed street, we still don't have a final vision. We don't have a final design. We don't even have if we did have those, we don't have the budget. So how can we move forward continuously without any of those things in place? So tonight you're also asked that make a decision on the bike lane. And years ago, we were promised a vibrant European style prominade. But instead, what we have today is a handful of planners, some temporary infrastructure, and now we're presented with a FisherPrice bike path running through the middle of our downtown. So, respectfully, it's an embarrassment. And hopefully you vote against that. We go back to basics and figure out a plan to move forward. But if we don't have a budget, how do we continue to waste money on consultants with these plans that aren't effective and we don't have a master plan? >> Your time is up. >> Thank you so much and have a good evening. >> And that concludes public comment on action item 16. >> All right. Well, thank you to our commenters and thank you madame clerk. Um bring it back to the deis for comments. a motion etc. [sighs] >> Council member Rectal, >> you mentioned that these the bike corrals would still be possible or is just grandfathered? >> Um, the chair corrals, the fences with the chairs in it without a parklet. Oh yeah. I mean the um you can get you can get approved to parklet or you can do cafe seating if you want to just do cafe seating and not do a parklet because a parklet would have a platform at a minimum or could also have a roof. But if you don't want to do that and you just want to do cafe seating then you can have a barrier or not. If you want to have a barrier, it can be railing or it could be a low wall or it could be a plexiglass screen. There's a variety of options for what you want can do to accommodate weather if you don't want to have a parklet. >> Okay. And that could be either against the building or where the parklet would have in the in the road itself. >> Yes, that's correct. >> Okay. Yeah. One of my concerns was is how many people are really going to get the same that uh council member Lowen had. But if you have a variety of costs, then I think you'll get takings. The question is is how many people really want to spend $40,000 $50,000 for it. But if you have options, then I think that's good. Um I really like the the pre-approved park list. I thought you did a nice job of they look sharp. ARB did worked on that, I assume. Yeah. Yes. Very nice. Very attractive. I think very functional. So I think that's a really good thing. Uh, I've been pestering Alex about we have this 350 square ft limit on the and for the pre-approved parklets, I'm happy with that, but if someone wants to do a custom and spend 100k on a parklet, the 350 seems somewhat arbitrary. I don't quite understand what's the origin of the 350 limit. Can you talk to that? >> Well, I I'd be happy to pick up on that. There were multiple issues that led to the limitation of the 350 and recognized that uh restaurant could have more than one 350 square ft park put. It is a combination of uh fire issues as well as building issues, infrastructure involved uh and required including structural is uh issues for anything that's larger. >> Okay. Can you go more details about that? What do you mean? So fire issues, your word that the existing limit >> there were issues again in our uh citywide municipal code limiting the size of parkletits uh or any structure that without requiring sprinklers. That's one. There are plumbing uh issues uh associated with restroom facilities that are required uh based on the size of seating area that's available. Same for electrical uh and uh other but the plumbing really is kind of a >> not an issue because if you're allowing them to do two 350 square ft parklets but instead they want to do one 500t that's going to be less plumbing than two >> Well again you're you're compiling uh issues that we have uh pushed as far as we believe we can go uh to not apply what are really standard building and safety requirements uh that if the if the building if the structure were a private property versus in a public space would be required and so we have uh tried to be as flexible as we can without really tripping uh a wire so to speak >> but I don't see you you mentioned again plumbing I don't understand how a single 500 ft parklet is going to more plumbing impacts than two 350s. Well, >> it's a combination of issues. Once again, plumbing both for the well, primarily for the food service and the customers that are uh patronizing a restaurant. Again, these arguably should be reviewed in the overall totality of the square footage, the seating, the restroom facilities, the food production facilities, the waste handling facilities, the uh ventilation. Uh again, and all of which um >> have been to be quite frankly uh quite frank have been debated previously by the council and led to this. But we were always told 350 was some state fire code and there's not a state fire code. It's a local fire code, right? And we can re-evaluate that. My concern is that if we have all these constraints, we have this gas line going through. People are trying to move things around. If someone really wants to come in and make a really nice parklet, we're throwing an arbitrary unnecessary constraint on that. >> Well, they're not they're not absolutely not arbitrary. If a private property owner wanted to come in with an application that would uh take a custom approach to addressing these issues, we'd absolutely review that. >> Uh-huh. >> But again, the the pre-approved designs enable a facilitated way to make improvements. >> Oh, I I'm all happy with I think the pre-approved designs are wonderful, and I'm not changing that. I'm saying if a restaurant wants to come through and do a custom design and spend six figures on that and wants to make a good quality design, they're trying to cut corners. Why are we requiring them to be 350? Again, it's we we would certainly be able to review, be happy to review it, but again, that criteria is one of multiple criteria that we believe is uh necessary in order to ensure public safety for the facilities that we're allowing in the public street. >> I could understand if you say the total square footage has to be limited >> and perhaps we should. Okay. But again, we have based upon council direction enabled multiple 300 square 50 square foot structures to be placed in the public right of way recognizing there are fire access in addition to the sprinkler issues separation of structures you know if necessary certainly invite the fire chief to expand on that. Um but again that's >> that's been one of the primary directions that we have secured from the city council over the course of the last several years and if you want to revisit that it's a much longer discussion >> for the pre-approved I'm not trying to rock the boat but for >> the custom ones where someone says I want to pay an architect and make a design I think we should have some flexibility because there's a lot of constraints there right now in adding an arbitrary uh >> you've used the term a few times. This is not an arbitrary criteria. >> It kind of is. >> It is absolutely not an arbitrary criteria. >> So, I mean, what what Oakland does is if you go more than 400 square feet, the fire you have to get a fire permit for that. And we could do the same type of thing. >> I can't speak to what Oakland requires nor uh Oakland standards. >> Okay. Anyway, uh we beat that dead. Um I'll move on. Let [clears throat] someone else take over. >> All right, I'll go to my left. And of course, if anyone feels like I'm making a motion in the course of this, that'd be great. Uh, Council Member Bird, I think you're next. >> U, thank you. So, um, I appreciate that tonight we're going to focus on kind of the, uh, activation standards and the parklets. I want to briefly just toss out some things related. If we move away from biking, um we we really want to look at how we can put make access uh by bike to Calab without riding down the middle of by Calv. So uh bike racks at the entry points uh from the alleys, the little walkway alleys uh at the main street entrances. uh right now they they aren't at the locations for that purpose because that wasn't the objective previously. So I want to look at that and then improvements on uh Cambridge. I just want to suggest that you know perhaps shy of uh a fullblown action on Cambridge. The real problem area is as you approach uh El Camino, that lastund and something feet and removing a couple parking spaces there, I think would be um a significant breakthrough. It wouldn't be a panacea. Um, I did want to uh I I was encouraged that the city manager had said that if if an applicant wanted to apply for a custom approach on a larger pro uh parklet, then staff would be open to it because I I I want to uh clarify my memory that this wasn't the 350 uh square foot limit wasn't the council initiating that. That was staff saying that's as big as you could go. Not the other way around. >> It wasn't the council. It was council going along with staff's recommendations as opposed to the council saying that's the limit we want. So I just want to put that out there because >> I I would agree that was a recommendation we brought forward and I believe we were security. >> That's not the way it sounded the way you portrayed it a minute ago. Either way, um I just want to put out there that fire safety is one I think legitimate issue on the size, although I'm not certain that on an open structure we have the same issues as closed structures elsewhere in the city. But things like sewer, electric feed, bathrooms, kitchen size, all those things, those are all legitimate issues on how much total square footage of parklet. But I fail to understand why they would apply to uh the size of a given parklet if we allow two parklets of that size. It doesn't make good sense. I think we are revisiting a prior council discussion that we can bring back. But I again I I >> but I want to make sure that we're laying out here accurate objective information >> and and hopefully progressive. >> Yes. But but I do want to dispute that somehow as as council member Mere Rectal was pointing out if you have two 350 foot parklets you have uh a greater impact on sewage electric kitchen size bathrooms. >> Well then perhaps we should go back to revisity of the building. >> No that's not the point. >> That's absolutely the point. >> That is not the point. The point is we right now allow two 350s and the question was whether a single larger one is more impactful than two smaller ones. That's the point >> I understand that's the point you're making. The point I'm making is that I believe if we want to reopen that box, we will need to give staff the opportunity to give you their professional perspective on all of these issues once again. >> Okay. So um uh let's see um so the other the other issue is just on um alley access. So if we are really wanting everyone to come to this from the parking lots on either side. We've really got to make sure that we have improved alley access u uh of different sorts. And we don't need to go through all the details at this time, but we really we haven't we've touched on this for a couple years, but we really haven't done anything. And I just want to make sure that's out there. Okay. Thank you, >> Council Member Lowing. [snorts] >> Yes. Thank you. I want to go back to the bikes issue um because it was sort of referenced by a couple of folks. >> [clears throat] >> Are we getting to a consensus that we are not going to have bikes going down the center lane whether it be motorized or non-motorized because I would be supportive of that. Uh and [clears throat] whether or not Cambridge is the alternative I think is a fair discussion to to have given some of the things that that have been said. Um, but the the whole idea, you've heard retailers say it tonight, you've heard public comment, is that this is supposed to be a pedestrian area. Uh, and that's not just the emphasis, but the [clears throat] pedestrians don't want to get hit. Um, so if you're pushing the 2-year-old in the stroller or whatever, you you could get hit. But I I totally agree obviously that the emphasis is on the motorized bike, but I think that we ought to just take the take the plunge and say let's not go down the center lane [clears throat] and make it a better access with lots of bike parking because we want it to be a destination as Council Member Bird said earlier. So that that's where I am on that one. I [clears throat] don't know if we have to give direction on that tonight specifically. [clears throat] I had a few more questions or comments frankly. Um I just want to check in on the sort of the not exactly word smithing but I'm a little confused as to on page 353 um when we say if business does not comply with these guidelines city reserves the right to enforce modify or revoke. It just seems like there should be more details in there about what the compliance needs to be on various maintenance items. It's just too fuzzy for to have a dispute about that because we don't know how to solve it. Um, and then on 3A, uh, they have to maintain an upkeep upkeep outdoor activation space. And there's penalties for that as well, which there should be, which there should be, but let's just make it clear to both parties what we really are looking for there in terms of compliance. We don't want to say at the end, oh, I thought that was your job. No, it's your job. So, [clears throat] um, uh, the next thing you you also heard tonight from public comment is I think we understand this is ma mainly focused on on parklet and and bikes, but we want to always keep the big picture in mind and the big picture of where this is going. What's the landscaping going to look like? What's the signing going to look like? When are we going to talk about the arch finally in front of uh California Avenue? Um, that's part of the excitement of this for the public and we're not talking about that so much. We're talking about various things like I'm just talking about like maintenance. So, we want to make sure that those components are there. So, when are we going to talk again about the landscaping, the sign, erection, um, any any lighting changes, things like that? Recognizing this isn't tonight. I'm just saying. Did Econ Development want to answer that? Well, I'll give you the bad news. There is no funding for any of what you just described. And so what we are bringing forward is what is affordable in the immediate term. And at such time as we have a funding source established for making more elaborate improvements, maybe the best time to bring that up >> is is that including signing for the area, way signing and things like that. In general, yes, there is some basic wayfinding signage that is underway at uh both El Camille Rial as well as uh at uh Oregon Expressway. And uh I think essentially that's it, >> which for me segus into my my last item, and that is back to the u the pavement. Uh $300,000 is a number maybe we can put in a way way sign. So, so does the pavement really need fixing? That type of analysis. I think we just need to hear a bit more about that. And again, that may not be tonight, but uh [clears throat] well, I think that will take us back to the drawing board to a certain extent. >> That's all I have. >> Council member Lou. Thank you. I'll touch on a few points, so I'll try to go quickly. Uh, I will pick up on Council Member Rectal's point briefly, though. The best parklets are not necessarily standard cookie cutter 350 foot, same dimensions. Uh, if you go to cities like San Francisco or in the East Bay, the best parklets uh have built-in seating or really lush or sculptural or creative or interesting. And so we I don't want to revisit the guidelines right now, but I think we have to think about an outlet for easier uh approvals for more creative parkletits um citywide, not just on calf. So I think that is a separate item and something that we should come back to. Uh on the action tonight um on bikes, I think the real question is what is enforcable? I think that this current plan actually is the right balance. We already have signs asking people to walk their bikes. If you ask people right now, pedestrians or cyclists on Calav, are you allowed to ride their bike your bike? Most of them will say maybe or I don't know. Uh or maybe they'll or or I I have a hunch they'll more often than not say no. But the point is that many people do ride their bikes and the vast vast majority of people who ride their bikes do so calmly. And the predominantly teenagers who I see zipping by on emotos are maybe not going to be dissuaded or persuaded either way by a sign or by the streetscape. So I think the marginal safety improvement of banning bikes is very unclear. Whereas I think some of the access to the business and some of the uh uh uh the the access to the business via v the bike wax uh is what I meant to say uh does have some trade-offs. I was with a business owner on Calav late afternoon on a weekday. We're sort of looking at bikes pointing by and we're sort of pointing them out saying, "Yeah, that one's fine. That one's fine. That one's a little bit fast. That one actually problematic." And at least in an hour or two we were out there, basically all of the bikes except maybe one was uh in a questionable sort of riding pattern. Um, so I'll that's my defense of the uh bike path uh or sort of pseudo negative space bike path that's in this plan. I will make a point about paving though. I think the idea that paving corresponds to a permanent condition on Calav is uh something that I was pretty unhappy to hear. We know that there is a long-term aspirational vision that we've already done a lot of outreach for, that we've already done a lot of design consideration for, that we've already comm uh gathered community feedback for. If the intent is that we repave and then you know the word permanent was used a couple times that is a permanent condition of the streetscape then I think that is a real problem for me and I think there at minimum could be opportunities to delay the street paving until when it's clearly necessary or to the point where we can have some sort of interim plan where okay we do a street paving in four or 5 years because the road's not getting that much wear. There are very few vehicles on it and in four or 5 years we'll have a funding andor plan figured out for an actual vastly improved park-like setting. I know we don't have the funding. I know we didn't fund uh this last budget cycle. Maybe that was an oversight that we did not really think about in finance committee. Maybe it's something we can fund next cycle. Maybe it's something we can fund mid year. uh in a world where Molly Stones and other developments are putting tens of millions of dollars of impact fees in that immediate area. I know those impact fees are allocated for you know dedicated line item purposes but the idea that we can't find the money to make uh practical improvements I think is something that we can solve if it's framed to us and we have a little bit more time. So in conclusion I think we should move quickly. I think we should approve the plan tonight. Um uh and I hope my point about bikes was uh uh is given some consideration. I also see a light is on so I'm not sure if there's >> I I would only want to level set that any streetscape project is a multi-million dollar project and any uh reference to whether it's $300,000 would be at at best a small down payment. Yes. But I think if we're going to do $300,000 street repaving, uh maybe at those same at that same point, we can look at the strange tripping hazards and angular cutouts that are meant for cars and not for pedestrians and just round them out. You know, that kind of work maybe you can't just do on a straight vanilla repaving project, but maybe if you did a couple months of, okay, where can we put a planter? Not not a tree with roots that might damage something, but where can we just round out these angular car oriented cutouts? That would be okay with me. But just doing a street rep street repaving and saying that's a permanent condition is uh problematic. So, I think we still have to find some creativity and find some options. uh and still get a repaving or refinishing the street done as quickly as possible. Uh uh but yeah, uh you know, we're asking for everything because this is a important space. Um uh and there's a lot of focus and a lot of development there. >> Um Mr. Fukuji, I thought I heard you say earlier when we were talking about the street and the repaving that the alternates were just about as expensive. I think it was leveling and ceiling or something. So, is that right? >> Yeah. From my my understanding. Yeah. >> Yeah. So, it's not like 300,000 or zero, right? 300,000 or perhaps a comparable amount. Is that right? >> Yes. It's expensive to scrape the travel markings off the road. >> Yeah. Okay, thank you. Um, all right, friends. We have another item we have to get to later. So, if anyone would like to make a motion, um, just reinviting I just [clears throat] Oh, you're not next though, so I'm going to turn to the vice mayor. [laughter] >> Thank you, Madam Mayor. Well, hopefully Council Lowing will second. Yeah, given the hour, I'll move the staff recommendation, the slight amendment to direct staff to to modify the design for a bike free design. >> Second, >> right, have anything further to say about your motion? >> No, I was able to discuss this in detail in the economic development committee and it's been interesting pursuing the conversation. I appreciate staff taking our feedback, coming back, and um yeah, that's the motion. >> Would you like to speak to your second? >> I I just want to add that it doesn't have to be in the language of the motion. Um but I I would like staff to somehow do at least an audit of those 20 retailers to see if they bite on a variety, as council member Rectal said, of uh price points. um just to make sure that we have that interest before we go firing forward. That would just be an add a request. But I'm not putting it in the motion. I'm not suggesting that. >> Council member, >> I'm sorry. I I think I do need clarification on that. When you say firing forward with the guidelines or >> no no change to the motion that uh the vice vice mayor made. I'm just suggesting that as a few of us have brought up here that we just knock on some doors from retailers and say this is the program. Uh we hope you like it. Tell us if you do, which ones you like because we want to make sure that we have, you know, pretty good buy in before we do this. Those aren't the words for the survey, but uh >> staff have a comment on that? No. Okay. All right. Council member Lithcott Hams. >> I withdraw my request to speak. >> Okay. Thank you. Is there any discussion on the motion? >> Okay. The vice mayor, >> just one question for staff. Then part four of this is approve the proposed public space design concept outlined in attachment D. Attachment D shows your creative bike lane solution. five now directs you to basically um change that. Is that is that still is that still consistent because it's showing also just the general layout for the for the parkletits, >> right? I would interpret number five as causing us to take another look at number four. >> Okay. Cuz I think the general public space layout of the the parklets is is fine. >> Yes. Specific to the bike routing. >> Perfect. Thank you. I'm good. >> Okay. Well, seeing no further lights or requests to discuss, I guess we are ready to vote. Madame clerk. Council member Lou, >> no. >> Council member Bert, >> yes. >> Council member Ling, >> Vice Mayor Stone, >> yes. >> Council member Lithcot Hmes, >> Mayor Vinker, >> yes. >> Council member Rectal, >> Motion carries 61. Okay. Well, thank you all. Thank you staff. We know it represents a lot of work from a lot of people and we have more to do. So, thank you for what you're about to do as well. [gasps] Okay. So, with that, um, our next and last item that we will get through tonight is item 17, but I am going to call for just a couple minute break just so we can stand up, stretch, and be ready for this one. All right. So, we'll just recess for a moment. Calling all council members. >> We're having a meeting. >> All right. Uh we are back for our last item of the evening, item 17 related to uh SB79 and I will turn to staff. >> Great. >> Looks like Director Le, welcome. >> Thank you. Good evening again. Thank you. Um uh we have a presentation. We'll keep it uh maybe briefer than we had anticipated. Yes. Did you want to say something first? >> Uh yes. I'm wondering uh Mr. City attorney if we should have the recusals at this point which I >> Yes. >> Okay. So, why don't we go ahead and do that if anyone Yeah. Sorry it's late. Council member Rectal, do you >> Yeah, because my proximity my homeless proximity to the San Antonio train station, I have to recuse myself on advice of attorneys. >> Thank you, Council Member Beloo. >> Same story here, but with the Calv uh Cal Train Station. >> All right. Well, thank you both. We will miss you and we will carry on. We still have a quorum. We >> miss you. [laughter] >> I don't know if you'll miss us as much as we'll miss you. All right. So, back to you, director Le. Thank you for that. >> Great. Thank you. And just let me introduce Vishnu Krishnan, a senior planner with our office who's been running point on the downtown housing plan and uh work related to SB79. Vishnu. >> Good evening, mayor and council members. My name is Vishnu Krishnan, senior planner with the city. Tonight I will be presenting on Senate Bill uh 79 and key considerations for the downtown housing plan including implementation options and recommendations. Now uh staff first presented the initial findings on SB79 um to the council back in October 2025. Following that a council ad hoc committee was formed in January 2026. The ad hoc met with staff three times since to review analysis, provide feedback, and help shape potential approaches. The direction to the staff was to bring forward findings, recommendations, and seek full council input. Next slide, please. The purpose of tonight's item is to consider the implications of SB79, provide direction on preferred implementation approach, introduce the temporary ordinances, and consider directing staff to return with the emergency versions of the ordinances on June 15th. Next slide, please. As you are aware, SB79 is aimed at increasing the supply of affordable housing around public transit systems. To achieve this, the law the the law mandates upzzoning of land near rail stations and major bus corridors. Next slide, please. So, the amount of upzoning varies based on the type of transit and the distance from the station access points measured along the pedestrian pathways. This slide outlines key development standards under SB79. Next slide, please. This slide talks about the exclusions as prescribed by the state law for Palo Altoro. Sites zoned with capacity of greater than or equal to 50% of default standards and sites with locally registered historic resources as of January 1st, 2025 apply. After 2032, these sites must either comply with SP79 densities or be incorporated into an alternative plan. Next slide, please. So this slide uh talks about the particulars of the alternative plan. Next slide please. Our understanding is that not all eligible sites are likely to redevelop. So for the purposes of housing projection uh we applied additional filters to estimate realistic development potential. So this slide lists the filters we applied to estimate housing projection. Next slide please. The next set of slides detail the acreage considering the exclusions listed for all three stations. What you're looking at is the number for University Avenue station which is downtown Palo Alto. Next slide please. And this is for California Avenue Calra station. Next slide please. And this is for San Antonio Calrin Station. [sighs] Next slide please. There are four primary approaches that the city can take. one, we've got approach one, take no action on SB79. Uh SB79 goes into effect as written uh on July 1st, 2026. Uh this approach does not automatically exempt historic resources. Approach two, adopt an implementing ordinance. Approach three, reszone all to sites to allow at least 50% of SB79 capacity. And approach four, prepare a full to alternative plan. Next slide, please. Separately, council has three options for the downtown housing plan. Option A, focus only on the development standards. Option B, complete the full plan aligned with SP79. And option C, discontinue the plan altogether. Next slide, please. So, uh, staff and the ad hoc committee recommend the following. Introduce two temporary ordinances. One to exclude historic resources designated on the city's local register from applicable SP79 standards. and second to establish development standards for all to eligible parcels at 50% of SB79 standards. Additionally, we also want the council to consider directing staff to return with interim urgency ordinances uh of the temporary ordinances presented, direct staff to prepare permanent ordinances to be presented to the planning commission incorporating provisions of the interimm ordinances and continue advancing the downtown housing plan. Next slide, please. Getting into the specifics of uh the proposed ordinance, the temporary ordinance to exclude historic resources exempts qualifying historic resources designated on the city's local register from applicable SB79 standards until January 31st, 2032. Next slide, please. And the second ordinance is the temporary 50% SB79 development standards ordinance. This establishes development standards for all TOD eligible parcels through a TOD combining district. Next slide please. This slide illustrates feasibility analysis that we prepared for R1 zones under 50% scenario. We chose a R1 zone uh zoned to DoD eligible site on calf uh quarter mile buffer within the quarter mile buffer. Next slide please. Based on council's direction, uh staff will return with temporary ordinances for the second reading, prepare permanent ordinances for review by PTC and continue work on the downtown housing plan and coordinate with the ad hoc as required. Next slide, please. This brings me to the end of my presentation and I'm happy to answer specific questions. Mayor, I [clears throat] might just add that we did have a an app at App Places memo that was released to the city council today uh today which [snorts] corrects the attachments that were in the staff report. Notably, uh the um the ordinances in the supplemental memo are temporary ordinances, not urgency ordinances. Uh and there's some corrections that uh are included in the supplemental memo. Happy to answer questions about uh that memo uh as needed. And then just alerting to the council to what you already know is we received a lot of public comments uh regarding this item which are available on uh the city's um council's mailbox. >> All right. Well, thank you Director Leight and thank you Mr. Christian. Well done. Um does the ad hoc uh Council Member Lowing, do you have some comments? >> Yes, and Council Burton may as well. [clears throat] Yeah, I just wanted to say a few things about what we're trying to accomplish here with our recommendation as much as for the for the public uh as also for the council members. Um obviously this is our recommendation on how to implement SB79 from the choices that uh staff has laid out. Uh we originally tried to do this at the March 9th meeting and then the May 4th meeting and now it's 90 days later. So here's here we are and we got to we got to move forward with it. So, uh, one of the things I want to say right at the outset is that Palo Alto is all in on to transportation oriented design. Transit oriented design development. Yeah, I knew we shouldn't have done this item late. Um, [clears throat] and that's, you know, that's what SB79 is all about. And we're just, we just are all in on that. This is not a new thing. and the TOD mission is fully incorporated into uh the realities of the current housing element that that's already been approved and it touches numerous areas of our city. So we have no resistance to that at all with just this easy concept. Um so our recommendation however is based somewhat substantially on the calendar uh and our resources. Um, we're choosing to use approaches that are offered in the law to any of the cities that are impacted. Uh, to consider a potential to alternative plan and to exempt a limited number of historic resources in the impacted area. Uh we also happen to want to complete our own downtown housing plan uh which is a subset of the SP79 area of influence and yet another approach another example of our uh proactive approach to uh to this is a hugely expensive and complex and staff intensive undertaking. So the law applies to seven counties in California. Uh it's added on top of our already approved housing element and our 686 unit quota for PaloAlto. Um we created new zoning laws and created programs to get these units built. Uh which is why we have an approved housing element. Um and SP9 is a statement from the legislature that they want more housing on top of that. Uh and [clears throat] now we have to manage implementation of the housing element quotas and the implementation of SB79 with the same staff. And the fact is that for cities of our size, there's simply a practical limit to the number of projects our planning department can receive and process in this housing cycle. Um, and hence our recommendation which leverages these most efficiently over time to implement both the housing element uh and SB79. And finally, I I just want to note that if adopted, uh the action taken in the ordinance would not mean that we can't build any tall highdensity buildings in these areas that are covered by our ordinance. Um you know, this the city has numerous developer alternative programs, uh sorry, incentive programs and a wide open, fully negotiable PHC housing zone option. So we encourage more applications from developers. >> Thanks, Pat. Anything? Um, great. Uh, so first I want to say uh it's a the the alternatives that we are looking at are complex with uh a bunch of tradeoffs and nuances and I think that the staff report is really laid them out in a way that is as clear as possible. Um uh so I hope that that really served uh our colleagues well. Um, I I do want to u emphasize uh what council member Lowing was talking about is really context matters greatly and we have been um focused already on our downtown housing element uh because that is a focus area that we want to incentivize uh new housing. We've just approved a uh a preliminary approval of uh a building of uh uh I think seven stories on forest. Um but that was in a context of uh neighboring buildings that were comparable in scale. Um and uh I think that as we go forward, what if we go forward tonight with the with the recommendation, I we would not only want to be looking at the um downtown housing plan proceeding, uh but other things like the question of whether the El Camino focus area should be extended up into the Calab area. uh we did it in basically South PaloAlto but that was in response to a bunch of projects but we really haven't had a discussion about expanding it and I frankly don't see a reason why we wouldn't uh be looking at uh comparable uh standards uh north of Page Mill as well. Uh not to mention also Stanford Shopping Center, which has been something that we've uh been interested in uh uh dense housing at for a long while. I did want to just point out for colleagues a few clarifications. Um, and if staff can correct me if I get any of this wrong, but on page two in the background, it says we uh uh we could um adopt an ordinance to exempt historic properties or may prepare a tod alternative plan. But the staff report really makes clear that we can do both, right? We can do one or the other or both. So, it's an andor. Okay. Uh second uh I just want to point out in the table at the top of page three when we're trying to grapple with what kind of density is the staff report says in old PaloAlto we do have a lot of 10,000 square foot lots plus or minus and what this density on SP65 would be not only 65 ft tall but 25 units on a a 10,000t lot. just so everybody thinks about what that context is next to um uh low density development. We also had a lot of discussion in the report about what's likely to happen. Um and I think we all on the committee and the staff recognize it's hard to predict. um as different state housing laws have come forward, uh we thought that uh or or there was a consensus that there would be far more SB uh 9 lot divisions and developments. They've been a sprinkling throughout the state, but the ADUs have far exceeded and every city and ours uh in particular far exceeded the projections. uh we had uh economic uh modeling done for the NVCAP area that basically told us we weren't likely to get projects there and we're getting an avalanche of projects in that greater area. So it's hard to predict. Um, but one of the things that I I think we need to bear in mind is that looking historically on the percentage of properties that have gotten redeveloped really doesn't um uh uh give the context for a 7x increase in floor area and even a greater increase in density. So, we don't know what the market's going to do. Um and then um uh there was a note on page five that homeowners in these lower density neighborhoods are unlikely to pursue apartment buildings. I think the issue isn't whether a homeowner is willing but whether a speculative developer is and uh whether a homeowner will sell their parcel to the highest bidder and then that developer uh would choose to as opposed to a homeowner. Um there was also a note on page five that redevelopment would be limited and that public facility and PCs uh were not considered but we we all know that in the downtown area we already have a plan to utilize public facility of surface parking lots. Other older lower density PCs might be considered. So I just want to bear that in mind. Um and um and then um I think we actually have had more recent um uh commercial development in the surrounding areas on Sherman and Cambridge in the Calav area uh than was noted. And so, um, I I think just like in the university area, we're seeing that because of the small parcel sizes on the main street, we have very few opportunities to really work, but the adjacent streets with larger parcels are probably greater candidates to do that. So, those are just to add clarification, but um, we have before us the the, uh, recommendations of the committee, and I look forward to hearing your thoughts. All right. Well, thank you. Thank you for the work that you've done uh to delve deeply into this and for working with staff to get these recommendations in front of us. I think at this point I'll turn to public comment. Looks like we have eight requests to speak. Our first speaker is Erica S. Hi, good evening uh mayor, vice mayor, and the city council members that are left. [laughter] Um, thanks for taking the time to hear us. Um, I would like to ask city council to reconsider the temporary ordinance that you so corrected. Um, I'm here representing 414 California Avenue as a development manager for the project. Um, and understood that the proposal is temporary. However, it does significantly limit the development potential not only of uh properties that are adjacent or within single family zoning, but also properties that are in urban urban corridor areas. Um, specifically the way that the ordinance is currently drafted, it will limit the residential floor area by more than 50% of what SB79 currently me mandates. And in order to develop viable mixeduse properties, we do have to have a balance of retail and residential to support the financial viability of retail. Infill sites like California are obviously critical in terms of having ground floor placemaking in retail. And we do need to have a certain number of units and a certain amount of allowable residential density to make that ground floor programming financially viable. So, I understand it's temporary and that there are other options such as the PCH zoning that you mentioned, but part of the intent of state density bonus is not only around density, but it's offering developers a streamlined process because as we know, time is unfortunately money and a lot of these projects that go into PCH or other similar programs get tied up for years and eventually die because of the lengthy process. So for that reason, I would urge the council to reconsider. Thank you very much. Our next speaker is Scott LG. >> Good evening. My name is Scott Levenite. I represent the ownership of 414 California Avenue. As an aside, I want to flag that the prosperity of Calab is important to me. I've spent the better part of 30 years living within a couple miles of Cow Cow. I care about the corridor. Um, this draft ordinance leaves the city and California Avenue worse off. The council should not adopt it. It's clear that Sacramento wants to see housing on Calav because of Cal Train. The city cannot easily avoid that. With SP79 now here, the shopping character of Calav is truly at risk as very little in state law constrains all residential projects. With a draft ordinance like this that constrains F, what you result with is residential being maximized, ground floor retail being cut out. So there's an irony. The ordinance that the city says will protect Gab is what eliminates the retail mix that the city wants to preserve. The city should ditch this ordinance as written and work to maximize housing in a transit-rich location and active pedestrianoriented ground floor that has always defined the corridor. The city can concentrate density on a commercial spine where it belongs, where it advances placemaking, and where it doesn't disturb single family blocks. Meanwhile, this ordinance does the opposite. It suppresses density uniformly across the zone, including the street that should be absorbing it. And the city should really be using the 50% tool more surgically. So, one sizefits-all plan doesn't work. Not here. Palo Alto can do better. I also want to paint a picture of what happens next. The city is exposing itself legally here and I want to incorporate by reference the letter you all received from California um housing defense defense fund which came late in the day today. Uh when HCD finds this ordinance non-compliant for its real deficiencies, study the letter, there are deficiencies. Full unmodified SB79 standards will apply to every eligible parcel. And so HCD will take issue with the front, rear, and side setbacks in the ordinance, none of which are in state law. It will take issue with the daylight plane rules. Standards like these preclude even a 50% density and you'll find yourself back in 2023 when local zoning was superseded by a builder's remedy type program. Uh they may also take issue with the urgency findings uh which rest on a current and immediate threat. So I find the politics a little confusing that city is declaring itself a proousousing jurisdiction trying to access those funds and then declares that new housing density is an immediate threat in the same set of you know five meetings in a row. housing that the idea that housing your cow train is an immediate threat is not a finding that this council can lawfully or honestly make. So again, Palto should do this the right way. Work with developers to create highquality transit oriented mixeduse housing with real ground floor retail that advances city goals for the street on a commercial spine like Calav. This council should be doing everything it can. Frankly, it should be begging developers to keep building ground floor restaurants and shops beneath the housing that is inevitably coming. They don't have to do it and and often they won't. So this ordinance does the opposite. Please reject the draft ordinance. Direct staff to return to a framework that genuinely delivers delivers the 50% the statute requires. Recalibrate for a better calav. Thank you. >> Our next speaker is Barry H. Hello again. Uh Barry Hatfield, owner of Gamelandia on California Avenue. Uh I want to express concerns about the proposed uh is it not emergency measures anymore? It still is. The the the matter at hand um related to SP79 is currently written. I believe the city should revise the 50% reductive measures to exclude core business district quarters such as California Avenue, University Avenue, and San Antonio using perhaps the business uh district guidelines that are currently in place. These are exactly the kinds of transit served mixeduse corridors where Palo Alto should be encouraging thoughtful new housing. Blanket restrictions of SP79 development in these areas under emergency uh pretenses risks undermining housing projects already in planning and could limit the long-term viability of these commercial districts. We can protect neighborhoods and historic resources while still allowing appropriate housing growth in our major business corridors. This is especially important because Palo Alto is pursuing official designation as a housing forward community in order to access additional state funding opportunities. Policies that broadly restrict housing potential along our primary commercial and transit corridors appear inconsistent with that goal and risk sending the wrong message about the city's commitment to smart transit oriented housing growth. Thank you. >> Our next speaker is Trana C. >> Hi, good evening. Trana Cryan. I'm a senior planner in the land use and development review team at VTA. So VTA has been following SP79 very closely and is very interested in continued dialogue with our local jurisdictions including Paula Alt on the implementation of SB79. We've been participating in a variety of countywide meetings um on SP79, how cities are approaching things like that along with staff from Paulo Alto and other affected jurisdictions. Over the past several months, even right before SP79 became really on all of our radars, we recognize that SP79 implementation is very complex and we collectively as we wait for more guidance or more updates, uh VTA has been very proactive in being a resource for our SP9 students including Palo Alto whether it be through continued info sharing or technical assistance on the MTC mapping and etc. Um, with that, VTA stands ready to serve as a resource for for Palo Alto to assist with SP79 implementation and we are thankful for other collaborative opportunities such as the San Antonio Road area plan. Thank you. Our next speaker is Jeff L. [snorts] Thank Sorry. Thank you. [laughter] It's finicky. Don't worry. Okay. Uh, good evening everyone. Uh, first of all, I want to commend the city and the staff and, uh, the ad hoc committee for putting together what I think is a very reasonable and appropriate approach given the complexity of the situation that we face. Um, I also want to thank uh staff, I think, for uh cor uh handling one of the uh concerns that was in my email that I sent about the fact that SB that the draft the 50% ordinance was going to apply indiscriminately and that was corrected in the amended version um that has been circulated. My other concerns though do remain. Um and I asked why um the daylight plane and the setbacks were being adjusted when I believe SB79 actually has a process by which you don't need to do that. That is it says that you cannot apply standards that are prevent buildings from having the appropriate um F and density. And I noticed that we are not adjusting the uh site coverage in our uh 50% ordinance, but we are doing the setbacks and the daylight plane. So if we don't have to do it for the site coverage, why do we have to do it for um um the setbacks in the daylight plane? So I think you could actually eliminate that from the 50% ordinance. My other point was that the 50% ordinance allows for um unlimited uh density, but SB79 does not and it has density. They were up on the slide um before. It has maximum densities and I think all you have to do is just cut those in half for the uh 50% ordinance and then you're allowing half of what SP79 allows. So um I hope those are simple points to make. I realize the lateness of the hour and the urgency of the matter. So thank you all. >> Our next our next speaker is Cha Chiao L. >> Hi everyone. This is Chao Lam, a longtime resident in downtown North. Uh I was delighted to read in the news that Palto is applying uh for the pro-ousing designation. I hope that uh council members will take into consideration that we are in a housing crisis that neighboring cities up and down the peninsula are not opting for this uh 50% off ramp. In fact, the Menllo Park uh city council even waved staff recommendations resisting the 50% off ramp. So I agree with the other commenters that we should align ourselves with our neighboring cities. Uh thank you. >> Our next speaker is Scott O. >> Hi Scott O'Neal. Um commenting for myself, not Pallet for my town home HOA. Um I want to start by saying that I found out about the lawsuit threats after you all did. It wasn't my first instinct to focus on the merits of the emergency. It was, sorry, it was my first instinct to focus on the merits of the proposal and not on, you know, whether or not it can be an emergency ordinance. Um, but I've got to say that I think the MB law letter was talking some sense. I don't know if changing this to a temporary ordinance changes the substance or will impress them or deter them. uh SB79 passed almost 8 months ago and the options before you are about taking the first steps on choosing a strategy to approach it. The options presented are pretty similar to the ones published about 3 months ago and almost came and could have come before council in March. It doesn't seem great from a rule of law perspective if the city says this is some kind some kind of an emergency or um ex exigent circumstance uh whatever the status is um as of today. Um again it's not something I ever would have pushed to focus on but um as I learned more about the law around it um which doesn't cover temporary ordinances um I thought I you know maybe I dropped the ball on not focusing on that. Um I I want to call your attention. Pallet of Ford proposed what um what they're calling a we're calling they're calling speaking for myself what they're calling a compromise option that would allow SP79 to come into force in some parts of the city. It would at least create the reality that the city is only trying to appeal to um to urgency for SB79's application to areas that are least understood which is still most of the area. I also think there are some solid reasons for allowing core density in the core areas on merit. Um do do you want to keep these areas zoned mostly for town homes for years actually get town homes in some places and only then have SB79 come into full force with the tot alternative plan so there are highrises interspersed among town home developments. Um that doesn't sound great to me. You need a vote of the membership of a town home complex to dissolve it and sell it. And the threshold for that is usually twothirds and can be more. If you want if you don't want threetory developments between possibly 10tory ones for likely the rest of our lives, it's going to be better to more quickly arrive at higher heights wherever the clarity is high that the heights will be high. So thank you very much. Appreciate it. Um thank you. >> Our next speaker is Michael Q. Uh hello everyone. Thank you to everyone and thank you to the council for working so hard and working so late. Um I would associate myself with Scott's comments. I'd just like to I'll keep this short just offer a quick perspective here. Um it's pretty evident both from the Yimi law letter and the joint letter from I believe it was housing defense fund and uh one or one other organization that the legal grounds for a emergency or emergency ordinance although it may be being called something different now are uh quite flimsy to be frank. And I'd like to just address sort of the spirit of taking that approach. Um, six years ago, members of council and I believe one current member of council made a decision to choose members of the housing element working group off the record in the dark on a weekend because they thought it would limit the scrutiny the city was under at the time. and uh yield a more favorable result to residents who are perhaps resisting the heavy hand of the state in development. Well, fast forward to now and as we know and some of us know from meeting this weekend, um Molly Stones, that major project is about to become reality because of that gap in PaloAlto's housing element not being approved. [snorts] I if you can't sort of make a connection there that there's a straight line between those things, the attempts to sherk responsibility from the state and the uh more limited options, I I I don't I don't know what more can really be said at this point. The the best approach is to tackle this openly and honestly and in good faith. And ultimately that will deliver to PaloAlto better options, more autonomy, and um a better result and preserve local control. Thank you. >> That concludes public comment on action item 17. >> All right. Well, thank you, Madam Clerk, and thank you to all the public commenters for hanging in there with us to this late hour. We really do appreciate you staying up with us and uh helping us through this. We do want to hear from you. Um, all right. So, I'm bringing it back to the deis and I see council member Leth. >> Thank you calling in over uh to y'all from Mountain View. Um, uh, I want to thank my colleagues on the ad hoc for working so hard on this and staff as well. Um, I feel perfectly comfortable with the historic resources carve out. Um, on the density one, um, I could you just answer, uh, director late, I' I've had members of the public ask me what if this passes, if the 50% of, uh, the SB9 levels passes, what does that do to projects in the pipeline, for example, 414 and 156? Can you clarify, please? >> 414 is not in the pipeline. they there was a pre-screening and we have not received a an application uh for that project. So I would not consider that a pipeline project. And 156 California um the council took action recently to um add one of the properties to the housing element that has been done. We're waiting for the application uh to come in and there's some requirements in that uh agreement that they have to go through before that happens. so that this would not impact that development. >> I thought it was important that the public hear that. Thank you. Um so now to your point that we've had in places memo that clarifies that what's before us are temporary. Um the two ordinances before us are temporary today, but when they come back on the 15th, they are urgency ordinances. Is that correct? >> Correct. The ordinance today is temporary. It requires a second reading that would take place on June 15th. At that same time, the council, if the ad hoc recommendation is supported, uh would also uh include an urgency ordinance at that time and that was that would also be part of that. So you would have four ordinances in June. >> I see 15th. >> So to this urgency, I am having trouble understanding how we make the claim that urgency is necessary. As I understand it from the staff report, the language is it presents a current and immediate threat to the public health, safety or welfare. So could you give me some examples of how our public health, safety or welfare are impacted by the implementation of SB79 as it is? >> So So I'll give um a couple of examples, but I'll look to our city attorney's office to maybe expand on more of the the legal arguments um for that finding. Um with respect to SB79 and uh sort of our city planning, you know, initiatives, what we would uh what we want to make sure that we have that SB79 doesn't really give us the time to do is make sure that the infrastructure that would support future development uh is available to the city. Um for instance uh our water resources um is uh how that is fed through the city network and where it is available and how it can support development is something that we need to study a little bit more to ensure that we have enough water pressure um and you know to support development. Another thing is with taller buildings uh that are set forth in this um in this law uh we have seen you know throughout town uh you know seven eights story buildings being proposed um and uh and at some level that's tolerable but if we start seeing more and more of these things it begins to put a strain on our um it may put a strain on our fire resources apparatus necessary to provide emergency services to taller buildings ains uh the staffing and the infrastructure to support that. So these are some of the infrastructure needs that we're wanting to study uh as during this period of time and I'll turn over to the city attorney to expand upon any more uh public health safety issue findings. >> Yes. And and I I will um in turn turn it over to assistant city attorney uh Albert Yang who I believe is online and could um elaborate on uh what director said. >> Sure. Thank you. Um so I guess I'll just note that um the standard of a current and immediate threat it's that's something that's stated in the government code um that's one of the bases for adopting an urgency ordinance. Uh the Palo Alto municipal code also has its own standard um that uh as a charter city Palo Alto the city council is um entitled to rely upon and and that um requires a finding that the measure is necessary to preserve the public peace, health or safety. Um so it's a slightly different formulation. Um but the the concerns are basically what Director Le um uh uh spoke to uh which is just the um capacity of the city's infrastructure to serve um higher density um housing in these areas. And I get that argument for R1, but I'm having trouble understanding how that argument holds if we're looking at parts of the city that our planning staff has already contemplated and designated for higher densities. So while those areas are um have been designated for higher densities in terms of um you know being uh suitable locations in in each of these cases when you know for example the the housing projects that the city council has seen in the past month um you know utility staff and public work staff have have grappled in each case with being able to handle storm water loads and um other utility um upgrades that are necessary in each case. >> Okay. Relatedly, I am concerned that the blanket effort to um zone everything at 50% of the SB79 density um ignores the fact that on Calv parts of El Camino, downtown transit area, San Antonio Road, we're already in the process of allowing greater density. So, I would feel more comfortable with what's before us tonight if we carved out those ordinances, those areas where we want higher density, where we've already said as a city we want higher density and let's let the 50% reduction apply to the other parts of the SB75 area. >> Yeah, if I can just make a note about that. So, so, uh, nothing about the ordinance that's before you reduces the development standards, um, in the city where we are encouraging greater housing such as in the housing focus area, um, below what it exists today. The ordinance would upzone areas where it's currently deficient in meeting the 50% standard for SB79. Um, so that where we have our policies in place for greater density and greater housing, that still holds. Uh, and we're still studying it in downtown uh, university downtown uh, through the housing uh, the downtown housing plan. >> And finally, and I appreciate I'm over. I'm sorry. This is my last question. how on the one hand we're going for this pro housing designation status and here we are saying we want to put some brakes on SB79 implementation and do you have thoughts as to whether these uh two paths are um compatible or at odds with one another >> great so I I professionally don't see that they are they are inconsistent with each The prohousing designation is an application. It shows the work that you have done, you plan to do. Um it's a you know you go through that analysis and you you um indicate what you've done and if you meet a certain score or threshold um you're awarded that designation. Many communities in the state have done that. Um the and with respect to SB79 and you know this is the policy question I guess for our council for the council to consider. Um but SB79 does uh set into motion a fair amount of um development potential that uh in some instance in instances really increases the um could increase the population of the city uh over over time. And the impact of that population increase um is um you know is the part that I think many jurisdictions who have invoked this 50% threshold or are pursuing a tod alternative plan want to study. They want to study the impacts on um utility operations, on uh uh uh life safety operations, on you know potentially impacts on schools or or related uh components. Um so that that's the kind of thing that you know allowing time to think through those things uh in this interim period would give the city the chance to explore those uh possible uh constraints or concerns and to mitigate them um before the full implementation of SB star takes place. But again, this is a policy conversation for the for the council to to weigh in on those different options. >> Thank you. I'm way over, so I'll look forward to hearing what my colleagues have to say. >> Vice Mayor Stone. >> Thank you, Madam Mayor. Are there any on for the for the I guess the base SP79 zoning? If we choose no option, is there an affordability requirement for then SP79 projects? >> Uh yes there is. So they do prescribe affordability levels but if the city has greater levels which is in the case of PaloAlto 15% then that supersedes everything else. >> Okay great. Um, so I think just kind of following up on Council Lifcott and A's questions and to seek clarity, Director Le, I think you confirmed this by implementing the ad hoc recommendation of the 50% capacity that does not reduce any existing development standards in areas where we're currently trying to increase denser housing such as downtown core, Calav, parts of El Camino, Rial, San Antonio, etc. >> Correct. These or this ordinance only upzones areas that are currently deficient at the 50% threshold for SP79. >> Okay. So we only get more housing from from where we are at least right now. >> I'll I'll speak to what the ordinance does which is increase the development potential for sites that are not currently meeting SB79's 50%. >> 50%. Okay. Was there discussion at the ad hoc or staff level of kind of I think where council member Lifcott HS was going of allowing SP79 be implemented in certain parts of the city where we've already kind of had those previous policy discussions about where we do want to see increase density height. >> Well, I'll certainly invite the ad hoc members to to weigh in. And I think to the extent that that conversation took place, it was in this idea of an alternative transportation um to plan and um [snorts] and so I don't think we got to a level of specificity u that was presented in one of the com comment letters that uh the council received uh this weekend or this evening. Okay. Yeah, that'd be helpful if the ad hoc can weigh in on that. >> Well, I'll I'll just share that um actually areas that we've already upzzoned in the uh San Antonio corridor and the El Camino focus group area. um the development standards in terms of floor error ratio and height uh were generally uh well in aligned with what SB79 is proposing and some cases were actually exceeding it. So we those stay in place and actually I anticipate that once we if if we adopt this recommendation that gives us the time to begin to have a a a much more focused plan which is what is allowed under the law is to come up with our own uh variation of of um SB79. But as staff pointed out that has to be done in a deliberate way. we need to really look at so where should we be upzoning uh and I fully expect that we're going to um continue with our downtown housing which would have significant upzoning we've already seen what we've approved on surface parking lots for instance um and then u u expanding the elamino focus area uh and other areas uh near the transit so uh it it doesn't reduce any of the upzoning that we've done that's well aligned with SB79. I anticipate that we will now go into looking at where to target the development in a way that actually has uh a context versus what the state did which was draw a circle and a circle that goes into for instance uh you know historic neighborhoods and places where uh uh that density is not compatible versus areas where we embrace it and say it's very compatible. So, that's what I anticipate. >> I I was just going to add briefly that all we're doing is using the law as it was intended because they're saying if you want to take some time to consider doing an alternative to just doing it all at once, go ahead and do that. It's we're not making anything up here. We're just following what they say. And relative to, for example, projects on uh Calv, we want projects on Calv. So bring us a project and tell you tell us what you want to do and you know we'll work it out with a HIP program or a PhD or maybe something else as we did in inventing new housing area along El Camino in the in the focus area. I appreciate that la that last point about we're doing what the state law allows us to do. And in some ways, I've been I think many of us have been frustrated over the years about the the loss of local control and these very kind of blunt instruments that are just one sizefits-all. Nice to see nice to see the the at least SB79 creating some of these carveouts and recognizing there may be maybe um individual kind of circumstances within cities that we need to be able to to uh respond to. And so I think to to council lift H's concerns which I which I also kind of shared initially about does this weaken our our application to become a a uh pro-ousing designated city. I first I was concerned about that but I mean but the the law gives us this ability to do the 50%. And so I don't understand why. So, I think now understanding that better, I'm not too concerned that we're going to lose that when we're just doing what state law allows us to do. And we've been frustrated several times regarding like a a lack of of a of a focus area plan because we keep kind of running into these situations where every [snorts] year there's dozens more laws that we then have to kind of adjust for and new projects get um get submitted. and we're we're just always kind of playing catch-up on these um on these focus plans. And so I think this gives us that opportunity to to to be able to [sighs and gasps] to to be able to uh develop that. Wow. 11:22 is late. [laughter] I'm trying my best to articulate my my thoughts here. So, I guess what I'm saying is appreciate the work of the ad hoc and the and the and the staff. I I guess looking for just a little assurance kind of from from the staff side that and I think what I'm hearing from a lot of especially our housing advocates in the in the community is that what we're not going to do is pass this ordinance and then kind of just rest on that and use that as a as kind of an excuse to be able to kick the can further down the road on increasing density beyond the 50% that we're going to be establishing here in certain parts of the city where we are hoping for greater density. I know already included this is the downtown housing plan. Great. Glad to see that moving forward. But does I guess director late do you see this in any way as delaying that that work in in additional areas of of upzoning? So there's the three areas. The downtown housing university uh downtown is the one area that's a part of the recommendation. And the idea there is that uh we would look at development potential aligned with SB79. Um and potentially, you know, there's incentives that we might want to consider that, you know, go beyond that if that's appropriate at certain locations. I mean SB79 doesn't even need to be the the ceiling necessarily but um we would look at so that's so I believe that University Avenue in that downtown area is addressed um through the recommendation. Um on the other side of town we have the San Antonio area plan which we are actively engaged in and that's going to be uh folding in any recommendations uh relative to SB79. Um so the the remaining area then is um is the calf and uh that's an area where we don't have any active uh area planning um underway. Um it is something that the council could uh direct us to do and we can study that. We do have some time given the um 2032 deadline for that right 2032. >> Yeah. >> Okay. Uh so we have some time to to work through that. But I think during this time we'll also be wanting to look at the infrastructure concerns that I've noted before to see how we can uh align all that work. >> I appreciate that. I would like to see us accelerate the a plan for for Calav and I think that though does need to be a more intentional process of engage of of engaging the community and understanding our infrastructure limitations rather than just in an in a um kind of an abrupt decision to just kind of to embrace the full SB79 standards there at the at the well tonight. So, okay. Thank you. And I'll just note tonight and the city attorney can correct me if I'm wrong on this, but I believe to move forward with the recommendation, uh, it there are vote four votes of the council that are are needed to advance the ordinance. >> That's correct. >> Right. Um, I will confess to being rather jet-lagged at this point, [laughter] so I'm going to do my best. Um, >> I've already forgotten what I was going to say >> before you could I could I ask one clarifying question before you go. Is that all right? >> Yeah, I wasn't going to talk for very long, but please go ahead. >> No, just a clarifying because and I think I have no basis for being as tired as you because I've been in this time zone, but I am finding myself feeling rather obtuse. So, can you just point out for me, Director Lelay, where in the ordinance where I can find the reassurance in the ordinance that this 50% reduction only applies to those that are not already meeting the that are not already planned to be higher. >> Yeah, maybe I can uh invite uh Albert Yang to help us isolate that specific location. Yes, sorry. Just uh give me one moment. Uh this will be in the ordinance um right at the right before each of the tables. Um the >> page 434 and actually this will this will be on the supple supplemental memo that you'll want to take a look at. Uh but the the last phrase before you get to the table in each case is unless the underlying district is more permissive. So um taking for example setbacks the front and rear setbacks that are stated in the table of 10 ft those wouldn't imply those won't apply in you know the CC2 for example on California Avenue because there's zero setback in the underlying district. Um, this really only serves to reduce the setback in the R1 districts which would otherwise be 20 feet for example. >> So that example's on page two of the ordinance at the bottom toward the bottom just above the table. So, so I mean in short the these these standards are provided as an alternative to development standards that already exist in the district. So if there are more permissive development standards, the the an applicant can choose to take advantage of those more permissive standards. >> And have we done this upzoning on California Avenue? when we talk about what we've done in San Antonio Road and El Camino focus area and we've said sort of California is a little bit different. >> Yeah, there there is not a housing focus area, >> right? >> Um there is the housing incentive program that applies. Um but uh we don't have the same standards on Calav that we do in some of these other areas. So, I'm nervous that Calv doesn't fit the doesn't hit the exception uh unless the underlying district is more permissive. And I would hate to see it than subjected to the 50% of what SB79 would allow. I'd rather protect Calav. I'd rather call out the streets where we want to be sure that the 50% doesn't apply. >> Mr. Can you we studied this on Calav and relative to the existing standards are they sufficient already on at the CC2 zoning? >> Yeah. So um again this would only allow more uh compared to what is existing and if if the existing zoning is already more permissive then then that's what is going to govern. Um in the case of Cal A um the existing CC2 zoning is generally more permissive. The primary impact that this would have is it it would increase um what's currently allowed as residential F in mixed use. It would increase the residential F from6 to 1.75. Um but [clears throat] the overall F that's allowed on CALAB is already 2.0. Um there is no daylight plane for for most sites and uh there generally is also no setback. So those parts of this ordinance would have no effect. Okay. So, this uh whatever the longer one is we're doing, not the twoe one. I've lost track of the temporary and urgent, but whatever the the longer one is that's still temporary that would do the 50% and the historic uh carveouts. Um it's like a five or six year. Is that right? the the um the SP79 will take effect after I think it's January 30th, 2032. Uh so we have the temporary ordinance is temporary in that we need to go through the city process. Uh there's a provision in the local ordinance that allows the council to take this temporary measure, but we would need to go back to the planning and transportation commission um and back to the city council to adopt another ordinance to implement this or some variation of this through the public process. >> Right. And the [sighs] when we when you come back to council to do that, are you talking then about the one that's the the five or six year? Are you talking about the permanent one? >> Well, I >> permanent relatively ordinances could always be ch changed. Um but the uh >> we would be coming back with the permanent ordinance, but that permanent ordinance really only gets us to 2032. Okay. >> Uh and then if we haven't made uh a new to alternative plan approved by HCD, then SB79 would take effect. >> Okay. That's what I'm trying to understand. So, we would have until 2032 to do the alternative plan. But my question is, but the question I'd like to ask is, how long do you think it would take us to do an alternative plan? How quickly could we do it? >> Well, knowing us, >> yeah, I mean, um, we've got too much on our plate now. Um and so it's something that we'd have to take up as part of the city council's um objectives discussion in a year or two. >> Yes. So we'd take it up in a year or two. So it's a it's it's it's a pretty big undertaking and it's not something we're going to do in six or 12 months. It's something that would be a I don't know a couple of year process and we probably can't get to for a year or two. Is that >> the the the transfer the to alternative plan is a significant effort. [sighs] >> Okay. [gasps] Um because I think that's a factor in thinking through all of this. Um I mean I I I I appreciate all the work that's gone into this. I think the the historic uh exemption makes sense and you know it's it's an awkward SP79 is a very awkward fit in our city and particularly around the Calav area because the area uh that we think of you know Calav um is very very different from the old PaloAlto area on the other side. And so when you think about the policy that was underlying SB79 when it was enacted, it manifests very differently on each side of the literally on each side of the tracks. And so whereas it was kind of a blunt instrument, um we're also using a blunt instrument to kind of address it uh with this 50%, you know, across the board thing. And I think that's my sense of what council member uh Liithkott Hayes is trying to get at and I think that's what we've seen in some of the public comment is can we chisel it back a little? We're not going to get a scalpel but could we make it a little more um fitting to the the context. So, you know, when we think about Calav and these others, especially hearing that um when they looked at I think San Antonio Road and some of these others that the zoning was relatively well aligned, um it feels to me like we should carve out those streets that have the the uh where we do plan greater growth and um you know, things like I I appreciate that good planners like like you all are uh worry about infrastructure and and you know water and other things. But um it seems that that that may not be a big huge thing if we have fairly well aligned uh zonings already and that that could be tailored as we go through this multi-year process. It's not like all the sites are going to be built out at once. Um, so you know, I'm I'm inclined to uh want to go to something that is not the 50% across the board, but so in other words, takes most of the proposed ordinance, but adds um some specific streets. I think we we got a uh a draft from PaloAlto forward. It made good sense to me, and that would be the way I'd be inclined to address this. Um, so that's those are my thoughts. Um, Council Member Lowing. >> Yes. I'd like to make uh two comments on that. One is that um that the time that is is going to take to to look at the TOD plan is definitely years. Um and we may not want to do that. We may choose two years from now to say we don't want to do it, but we don't know that yet. We have to we have to dig in. But the two things I say is that we already have uh the zoning in place and the programs in place to make our this housing element cycles numbers 6,086 we can make that. So relative to any state deadlines um we're we're there because of the applicants that we're getting and this staff is using all their time to uh get that in place. So if you want to say I want more than what the state says we have to have in this housing cycle, that's a whole different conversation than this bill, I think. But the second point is that [clears throat] if a month from now we decided to have that conversation, well two months from now cuz we want to take a month off, but we can always say, "Hey, let's upzone CALF." And we could just go in there in any context that we want and say this side of this street for this amount of you know we'd like to make that XYZ compared to what it is right now. So we're not precluded from doing that. But to to to now tonight at almost midnight to start talking about exceptions to this that I don't think it sounds I don't think it's prudent but I don't think it's necessary if your goal is to go beyond the state quotas before this housing element is up. Uh there's other ways to handle that. >> Council member Bert. >> Yeah, just following up on that. Uh, as we've discussed before, we've done really significant upzoning in these areas and we we did it deliberately. We we upzoned really uh more than was being discussed in the community just a couple years ago. Uh and uh and we're having a whole pipeline of projects as a result. We're we have 6,500 housing units that we are focused on achieving. had is what a 23% increase in the housing supply in in just an 8-year period. These are massive changes to our community. And um uh we all we're doing right now is saying that we by adopting the alternative that uh we've recommended we are upzoning a good number of areas uh and uh allowing ourselves to proceed on further upzoning in a more deliberate way. Uh, but I would I I would echo Council Member Lowing's uh admonition that trying to figure out how to scope different zoning areas tonight uh means that we're not going to be able to go forward and the default would be the SB79 kicks in with the radius that uh is in the uh default legislation. And it's I just want to say that it's not just old PaloAlto that is um low density historic properties. We have in the university area professorville good portions of professorville fall within this. And then in the San Antonio area the icar developments in green meadow. And remember SB79 only allows 10% of the housing units to be exempted for historic status. And so we in all likelihood would not be able to protect um uh the bulk of the historic homes that would be in these jurisdictions. So I think by going forward the recommendations we have before us, it lets us now then proceed on a more deliberate basis, retaining all the upzoning that we've already done, allowing for additional upzoning on a deliberate basis uh while we then develop the more comprehensive plan. But in between now and the uh the SB79 alternative plan development, there's no nothing that prevents us from continuing to do focused upzoning in in additional areas. And I expect we will. So, if given the hour, I'd like to see if we can um move the ball forward. And I will move that we adopt the staff recommendations 1 through six. >> Second. Second. [clears throat] >> Uh I think I just spoke to it well enough. uh for for me anyway. Um so I don't need to say anything else. >> Yeah, just un underscore the point that we can up zone couple months from now anywhere we want but at this point we don't need to we think to make our quotas. So Would you accept a friendly amendment? Um, I I think it's attachment C, which is the one that's Yeah, attachment C. I would feel more comfortable if attachment C, item I, which is the last finding and declaration item, if it's specifically called out in that first sentence. Um right now it reads the city council finds and declares that the implementation of government code etc will create significant incentive for redevelopment of properties in the to zones at densities that would create unanticipated strain and I'd like to change that to will create significant incentive for redevelopment of properties in the to zones that the city has not already identified as being suitable locations for higher density development, allow densities that would create unanticipated strain. >> I think I'd like to hear from uh um staff and on >> whether there's any pardon me, >> it's probably a legal question >> and wait just a sec. uh from both staff, Albert Yang, and our city attorney on any input on that. >> Yeah, I don't I I uh I don't see any issue with that change to the recital. And Albert, any implications we're not thinking of? >> Uh no, I I agree. Uh >> okay, I'll accept that. >> Thank you. My second suggestion is that >> wait, we need the secondary to accept it. >> Yes. >> Thank you. My second is and if the clerk could put it up in section 18.1470 that we um I'm just looking at a print out so I don't I don't know the packet page. It's um >> uh page 25 of the staff report I think >> or at least it starts there. >> So it's the transit oriented development to combining district subsection B applicability. It currently reads, "The combining district shall apply to all sites within a TOD zone except sites designated as local historic. Sorry, what I'm looking at doesn't I think maybe All right. Yeah. Um what I'm proposing to add is uh that second section that so the tod combining district shall apply to all sites within a to zone except those that are historic and sites located in the downtown housing plan assessment area sites with frontages on Calab between El Camino and Cal Train the Palto Transit Center sites with frontages on El Camino and sites with frontages on Elma. There's an extra and in there. Sites with frontages on Cambridge, New Mayfield, Jakaronda, and Sherman. And sites with frontages on San Antonio Road. That's a that those are really significant changes to our zoning uh to do on the fly tonight. So, I would uh that those are in the category of of items that I would be open to looking at uh going forward, but to arbitrarily upzone them and some of those uh um sites with frontages on Alma. Do you even understand what you're saying there? You're you're talking about um going to sevenstory uh buildings tonight decide up and down Alma there. Uh those are serious decisions that we should be looking at for compatibility issues and and the need to do so in order to meet our housing ele. So I I think that goes too far. So we could take out Elma. Are there >> No, I use that as an illustration. I I just I don't think tonight we should be going through and trying to have PaloAlto forward having decided uh which of our um uh areas to uh immediately upzone at very significant levels. When we've gone through our upzoning on our San Antonio corridor, our um our um El Camino focus area, we were very deliberate and our staff looked at uh resources on that uh the infrastructure. We looked at compatibility issues. Every one of those had very significant trade-offs, transportation, bike transportation issues, all the things that have been coming forward to just throw that out there at this hour. uh without any deeper consideration I think is uh not well considered. >> Well, to to me this falls into the area that I was talking about that we could do a little bit later and a little bit later doesn't have to be years. Plus, since it covers so many areas, we could have seven council members involved in for most of these things because it wouldn't be as many there wouldn't be as many recusals. That's >> right. That's really a good point. We uh as we look at these going forward, the vast majority would allow the full council to participate. >> I feel like a lot of the streets listed here are streets we've just acknowledged are already upzzoned or contemplated for upzoning. So are there any streets that are listed here that you're comfortable at? >> But we haven't looked through exactly what that means. You say upzoning, but each one of those is upzone by how much? And what do we think is appropriate for those locations? This is just shooting from the hip to throw this in at this hour without I don't think you know what the current zoning is. Uh I don't in each case. I don't think it's really appropriate and good legislating to to at midnight do some a bunch of very significant upzoning that we haven't gone through in a thoughtful deliberative manner e even understanding the implications of it. What's more having the whole council I just think this is uh it's it's it's not appropriate. >> To be fair, the late hour is not my doing. I I'm also frustrated to be having this conversation at a late hour. >> Late hour or not, this is very significant work to throw it out there without having a a deep long context really on each of these. I mean, each of these ups and when we look at the the the uh El Camino focus area or the San Antonio area, we went through multiple meetings to decide just one of those areas. And because Palo Alto Forward submitted this list, you're just throwing it all out there. And I just think that's really not right planning. This is serious work. And uh we have not had any uh a thoughtful discussion on on what is appropriate and what is not appropriate among these proposals. >> I think we're taking different approaches to how to deal with SB79. And my interest is in protecting the areas that we want to protect because they're our ones. And being really deliberate in saying that it will go forward on these in these regions of town that we've largely planned to be higher density. Um, so I'm more comfortable with carving out the sites or the streets that can go forward with SP9 SP79 as planned as written um, and protect those that we're trying to protect with the 50% to just be more explicit about what goes into the into the 50% reduction. >> All right. Well, sounds like we're not getting a friendly amendment accepted. So, um, you know what I would say I [clears throat] what you're saying, Council Member Liths has appealed to me. Um, you know, it was noted that Menllo Park didn't do any carveouts. They have similar types of areas as we do in terms of just a general community. You know, I look at this list and I could see that if the downtown housing plan assessment area is too broad in some of these areas, do you change that to University Avenue, but leave in Cal Avenue, uh, leave in El Camino Rial, leave in San Antonio Road. Those right there I think are are places that would closely align that we've made significant progress that would signal to people we're not trying to use this as a subdivision back off. We say that we can move faster but we have no you know we we can do this alternative plan you know in less than five or six years but I don't see what's really holding us to that. I I I would be interested in doing uh the um roads on here that we've had significant uh work on. I understand it's not the surgical thing that that you're talking about, but I think at this point given where uh the law is going, how housing planning is going, what surrounding of communities have done, um I think it's something that I would be very comfortable doing. I I just note that uh even where we've done significant upzoning, we could very well see a whole bunch of projects in our pipeline that would come back and have changes to those projects and delay their proceeding because they can squeeze a little bit more and start over again with a redesign and apply under SB79, albeit on an expedited basis. But, um, I just I I'll say again, even with a narrower group, I don't think this is being well thought through at this time that to to just throw stuff in like this without even understanding what's the current zoning, what would be the implication, the change to that is just um uh uh it's it's it's not well thought through. And these are serious matters. Okay, Council Member Lowing. >> Yeah. Um, as I admitted before, I'm not sure why you want to add more housing options now since we have enough that are already designed, but since you do, I don't understand the urgency of doing it in the next 15 minutes with short two council members. So that's all I'm that's all I'm suggesting is if you want to have this conversation about quickly doing some more zoning, then quickly could be a couple months, not a few years. But I don't think it should be the next few minutes. I I just I just don't think that that's what the public expects of us. And I I just don't think there's a downside for sort of quote postponing this beyond, you know, midnight on a Monday night. [clears throat] and stating the obvious. If we don't vote this tonight, then July 1 will come unless we do another special meeting. >> I mean, I I I don't I I think you were being a little tongue and cheek about the couple of months. I don't see us doing it in a couple of months either, right? Or were you were you referencing something I'm missing because I I could be at this point missing. >> I hope this is fair to say. I hear two council members saying that tonight we could vote on this voting. I don't agree with that. But I'm saying that we could make it happen two months from now on an agenda for a couple of these maybe and then a couple months later we could do a couple more and we could build up what at least tonight two council members want to add to what would effectively be more housing inventory that we don't need for a few years. But that's up up to the vote. Well, so are because we're going to at some point have to move around like under the alternative plan the the housing that's allowed under SB79. I don't understand the exact algorithm. I haven't studied that. But >> and that would and that would go beyond um the requirements, but are you saying it's just a timing thing that you want to do that after this housing cycle? Is that >> well after this housing cycle we are going to need it in the next housing cycle which happens to line up with the date at which we have to have this done which is the 32. But if this council of seven wants to activate more height other than what we've already done then that can happen as I said earlier. Um, but I think it needs to happen with some consideration of seven folks. And there's no reason tonight that we have to go beyond what we've already got upzzoned uh and what is also going to be upzoned by definition of the uh of SB79 on July 1st with with the other 50%. So, I I guess I just don't there's just no downside to me that I can see of of waiting and working this into a future agenda compared to, you know, sort of figuratively speaking spot zoning uh into a into a motion tonight. >> Well, I don't think it's a fair characterization. I think we're just, you know, dreaming it up at midnight for the first time ever. Obviously, there's been some thinking beforehand, but I think the downside would be if it was well, it may not be a downside to some, but if you're asking what the difference is and what I would see as a downside is if it was if it took until the five or six years from now to get that to get this sorted. And that's kind of what I hear when I hear we want to kind of save those units for the next cycle. I that's that's what I'm hearing between the lines. Maybe I'm missing it, but that's >> No, what what I'm saying is that the vote will be the vote. But what I'm what I'm saying is just simply that um to give our best judgment on any new areas, we should give it some consideration. And you could schedule this 45 days from now. Well, actually that may be where staff could weigh in to talk about what some of the necessary next steps will be and where that may provide an opening for future discussion. >> Great. So, hearing the different perspectives and knowing that we need to get to four if the council wanted to uh take some affirmative steps toward uh addressing SB79. As I mentioned, this is uh the first reading of the ordinance. It's a temporary ordinance. There will be a second reading uh on June 15th coupled with the uh the urgency ordinance. Um we do need to go back to the planning and transportation commission to make this ordinance that you're considering tonight to codify it in the course of going through that process. we can um share with the PTC and the community the um thoughts that have been expressed here tonight which align with the PE out to forward letter and have the planning and transportation commission uh weigh in on that conversation and make a recommendation to the city council. That's not 45 days or a couple of months. I think it's more on the timeline of 6 to 12 months. Um, but that's something that we can do to bring that uh ordinance back before uh city council so it achieves the so it achieves the near-term interest if there is one to uh introduce these uh provisions. Um, and then it allows for continued dialogue short of the trans the to alternative plan, a more strategic look at how we might make some changes when this ordinance comes back to the council in about six plus months. And I I'm only just given the time and knowing the other work we have, I just I can't be more precise about that. I know that you'd want us to come back as quickly as possible, but I'm trying to be realistic with the workload. >> Thank you, Vice Mayor. >> Thank you. I I I appreciate that realistic compromise that uh in sort of a time line that or time frame that the director laid out. I sort of feel like I'm kind of well both physically in between this the sides but I because I completely appreciate what the the mayor and council member Lot Hayes want to see as far as increased density especially in areas of the city where we have we have already embraced increased density in a variety of ways. But hearing my colleagues on the on the left as far as the the hour the process uh even though yes this this is agendaized I don't feel like most of the vast majority of the public would would have anticipated [clears throat] this this dramatic of a of a departure from the the recommendations and a pretty significant change. um just kind of and [clears throat] so I'm I'm not I'm not really comfortable doing that to tonight, but I think I think a six to 12 month time frame of being able to bring some of these discussions back to the council be able to have the have the PTC weighing in having a full council be able to make this decision and having uh the public more engaged. I I don't think that is that significant of a of a of a delay. So, I would definitely support I would definitely support that. >> I have a question. We're talking about the full council weighing in, but aren't we going to have some of the same conflicts? >> Um, so, so I mean, it is a matter of public record as of today. Um, one of your colleagues has sought um FPPC advice that um, you know, may allow him to participate. Um, the other I'm not sure that there's a path forward. So, you know, you could have six uh members who are eligible to participate in the near future, but I would be surprised if you had seven >> and we might still have five. We don't know. >> It's Yeah. Well, we we don't know what how the FPPC will answer the question. That's correct. >> Well, isn't it true that that would apply if we only looked at them as one group, but if we broke them up, they would uh uh have uh less potential for a conflict. one of the council members only has conflict down in the San Antonio corridor. >> There there are potentially ways we could segment the discussion that would allow the full council to participate or in all or or part of the debate. I mean that that was not possible the way that this discussion was initially framed but we could look at that going forward. I mean, theoretically, any changes could just be zoning changes. They don't have anything to do with SB79. >> Yeah. It's it's not it's it's not so much whether they're SP79 or other zoning changes. It's what properties they'd affect that would be controlling. It's the properties that they would affect that would be controlling. whether it would affect um council member rectals or council member Lou's property. I I'll just add that um as I had been saying throughout the evening that I think that we will be doing upzoning of certain targeted areas u uh within uh I would say likely a subset of those that were put on the screen sooner rather than later. Um and uh we already some of them already in the downtown housing plan. I already mentioned that I am supportive of expanding the El Camino F focus area and there could be others. And so we were talking about this. Oh, this awaits five six years or do it tonight. And actually there I I fully anticipate that we're going to be looking at the the the best locations to upzone sooner rather than later. the entire set might take five or six years, but not to get to some of these focused ones. And I'm glad that director late uh provided this uh alternative that basically would let us identify which of these areas we would want to do a focused upzoning on sooner rather than later. >> So, how can we turn that into some kind of compromise that's in the motion tonight? >> Well, it would be to incorporate uh Director Leight's recommendation. Do you have language that would capture what you were suggesting? >> So the idea >> the same hour for you as us. >> Yeah. >> Yeah. Uh the the idea is uh um uh to move the recommend staff recommendation with direction to staff to consider the Pelto forward letter. I'll just use that for shorthand. Um uh yeah when developing the permanent ordinance before the planning and transportation commission something along those lines >> with an implication that it's it's not necessarily all or nothing right >> yeah I mean I think there are uh like for instance there are areas on San Antonio which is the subject of the San Antonio area plan we've talked about some upzoning that we've done but that's been further east on San Antonio and the part that's closest to the rail station is the part that's next to the Ikler one-story building. So, I think there's going to be a need to sort of be strategic in our analysis. >> That's the very point I was making. Yes, >> I'd like to see a time frame around that. >> Yeah, >> like to see what >> a time frame. Well, um, so director lady, you game to, uh, propose language that would capture what you were describing >> time frame. >> Uh, well, both >> I think the clerk's working on some language now. >> Maybe clerk got it and then your time frame was that it would return in 6 to 12 months. >> Yes. Okay. Do I recall? And I have to say it's 8 a.m. for me right now. [laughter] So I'm starting over on the next day. My body body clock. Uh >> probably put that at the end of [clears throat] that sentence. Clerk to return to counsel within. >> Yeah. And and I want to clarify the the what we're talking about here because I'm tempted to um I mean I mean I'd like to see KAB in particular um called out but if we c if if not I would at least want that to be uh prioritized. And um are you contemplating that this would come back like it's something along the lines what what council member Bert was saying not you your recommendation doesn't have to come back with all or nothing but are you contemplating they would all come back at the same time or you would like the 6 to 12 months what happens then are all of these analyzed >> so the street segments that and areas that were generally identified tonight and discussed would be presented to the planning and transportation commission uh along with some staff analysis as to some areas why we think it might be favorable to advance uh some of these um areas and where caution or concern might be flagged uh for the commission's recommendation. Um, I'll note it's been mentioned here tonight and that I know it's the council's interest to advance um to be uh more uh that there's a strong interest in getting more housing on the California Avenue area. That's something that's been communicated to us. So, I understand that that's an that's the one area where we don't have an area plan. So, as I'm looking at this, this that would probably be an area that we'd want to pay some attention to, as well as to help advance what council's already told us to do, which is to accelerate, I think is the word, uh, housing on on California Avenue. So, this might be a means for us to do that. So, to answer your question directly, in 6 months, 6 to 12 months, what comes back to the city council is a planning transportation recommendation that considers these all of these different straight segments. It is not, to be clear, a transportation alternative plan. That's a that's a whole other thing. Um, but we can certainly look at all of these and there will be a recommendation on which ones to advance and which ones maybe not to >> and not necessarily when you say which ones not to. [sighs] >> So, we got we got >> you you wouldn't necessarily have to. I mean, you you could even say part of one of them or from like I don't know. I'm just going to Yeah. Yes, >> mayor. We know from X to Y or something. >> It it's not an all ornone. >> Okay. >> Scenario. If there's areas along that that we figure, you know, makes sense, then um we would include that and we'd hear the PTC's recommendation on that. >> It feels like letting California Avenue go. I can strip mo most of these streets off of this list, but it feels like tonight is an opportunity to say what we've [snorts] all been saying, which is that Calab needs more housing. And Calab is precisely the sort of jurisdiction that the state contemplates having housing. It's right by a Cal station, Cal Train station. And I just feel like why why not take the opportunity to to say calv between the train station and El Camino is not subject to this. >> I could go with that. Well, my answer would be that under normal circumstance, if we were to say that we are looking at reszoning all the Calav area to seven stories, which is what would apply there, um that would be a public process and we'd both be looking for PTC um to be making recommendations in a very thoughtful way and for public participation on the ramifications of I think there's a gross underestimation of how significant these changes you're trying to throw out at this hour are. These are things that we would normally give very careful consideration to. They're they're very significant zoning changes of a whole district to to just throw it in on the fly is not something I have ever seen done in a city. And I don't think it's good planning process. I think we should be doing this in a thoughtful way. Having this come back in six to 12 months, that's that's timely. So I I don't get what the urgency is other than trying to uh respond to what PaloAlto forward is. >> Don't say something you're going to regret. [laughter] >> I don't regret anything I'm saying. >> Okay, good. That's good. Um, I think that what we're trying to do is be very thoughtful and go through this with you because the other alternative is to vote no and it all goes through. >> Well, >> and I don't think that that would not be responsible. So, we're trying. We have different views of what responsibility is and what is appropriate on this. And so, we're trying to get and we're getting very very close. So, I think we're almost there. >> Yeah, I appreciate that. you know, SP79 is uh painting with an incredibly broad brush and we all agree that drawing a radius around our train stations isn't a great way to do urban planning. We all agree with that. Um so I am not trying to to vote no tonight and just let all of SB9 go through 79. I'm not. I am looking for some commitments to what I thought we had we've been talking about for quite some time. Um what if we added under seven uh just say with a particular focus to the calav area? >> I would like that. >> Yeah, that's fine. Council member Bert, how would you feel about adding one more thing, which would be you mentioned the possibility of extending the El Camino focus area north toward Calv. Would you be willing to put that in as something that the PTC should consider? Um, I'd be fine with uh framing it the same way with particular focus to the Calab area uh including um uh El Camino Riale in the vicinity of Calav. Yeah, I must say I just don't understand the urgency of of the specificity because that's what we're asking PTC to do, but uh I won't hold it up at this hour and go ahead with it. I guess what I'd like is some words that explain why we're calling out Calab and El Camino similar to those words in red. Um it because it it just says that we're going to consider them. um and not any kind of I I understand we're not making a commitment now with what we're talking about and we're trying to reach agreement here and we're trying to give that give but I do think commemorating that the intent that the council's been talking about of of adding uh high density on in those two areas just so perhaps with particular focus to the Kell area including including El Camino Riale in the vicinity of Calav. Um, which council has identified as suitable for higher density development or given that it has or something somehow to tie that concept there. Otherwise, they're just named. It doesn't Mayor, is your question to the maker of the ad or to be just justification. >> I think the maker of the ads thing was accepted by the maker of the motion. So I was directing at the maker of the motion. But if I should be directing at the maker of the ad, I can. [laughter] >> Well, actually what is the normal procedure is if you have an amendment that you want to specific recommend, do so. Uh if you're asking us to uh articulate your intent, I can try and >> No, I was asking you if you like the language. I was asking if you would incorporate any of those language, but and I was just waiting for an answer. >> Well, I I don't know what specific language >> I'll come back and say it again then. >> Okay. >> You weren't specific, but go ahead. >> I was if you didn't like the words or you weren't listening to the words, we'll go it again. All right. Just following the course of behavior tonight. Um because I'm actually rethinking the words because >> so sorry I think I captured it. It's in italics under seven. >> Yeah, thank you. >> I'm fine. >> Seconder. >> Yeah, that's fine. You mentioned something about the red. Did you? >> Yeah, I to I copied the language from the red. I was trying to track it so it was the same. Hoping that would be more acceptable. >> Okay, great. >> Okay. Okay. All right. Anything further? No. Okay. I think we can vote. Confirming the friendly amendments have been incorporated into 3A and seven. >> Okay. >> Council member Bert. >> Yes. >> Vice Mayor Stone. >> Council member Lith Cods. >> Yes. >> Council member Lowing. >> Mayor Vinker. >> Yes. >> Motion carries. >> Okay, we did it. >> We got through all of the action items on all of our agenda. So, thank you everyone. We will do it again next week. Good night. All right.