In a bitter split, the Palo Alto City Council voted Nov. 2 to give its outgoing members the opportunity to appoint commissioners to key city boards just weeks before their terms expire.
By a 4-3 vote, with Vice Mayor Tom DuBois and council members Eric Filseth and Lydia Kou dissenting, the council decided on Monday to select new members for the Planning and Transportation Commission, the Architectural Review Board, the Parks and Recreation Commission and the Historic Resources Board on Dec. 14. The vote means that the council's more pro-growth majority of Mayor Adrian Fine and council members Liz Kniss, Alison Cormack and Greg Tanaka will get to pick new commissioners just before new council members, dominated by the more slow-growth faction, is sworn in.
The controversial decision came just a week after the council agreed unanimously to shift appointments to the spring, precisely to avoid the politicization of the commission appointment. While some appointments, including those to the Parks and Recreation Commission and Historic Resources Board, tend to be bipartisan and relatively noncontroversial, the council routinely splits 4-3 among partisan lines in selecting members to the influential Planning and Transportation Commission.
The council agreed to extend the application process for the Planning and Transportation Commission, which has received only two applications for the two seats currently filled by commissioners Ed Lauing and Doria Summa. The only applicants thus far are Summa and Kevin Ma, though the extension will allow Lauing to reapply for his seat. As of Friday morning, Lauing was in fifth place in a 10-candidate race for four council seats, trailing Greer Stone by 611 votes, according to unofficial results from the Santa Clara County Registrar of Voters.
While the council's vote took place before Tuesday's general election, the three members in the minority denounced the decision to make the appointments in December rather than to wait for the new council to be sworn in. The four council members in the majority noted that because the new rules hadn't yet been adopted, it is perfectly reasonable for them to make the appointments.
Kniss made a motion, which Cormack seconded, to accept the submitted applications to the Architectural Review Board and the Parks and Recreation Commission but to extend the recruitment period for the Planning and Transportation and the Historic Resources Board, which has three open seats and three applications. All current applications are from incumbent members: Martin Bernstein, Michael Makinen and Margaret Wimmer.
The motion also called for the council to complete interviews for all the commission applicants by Dec. 7 and to make the appointments by Dec. 14. Cormack acknowledged that the council has a deep disagreement about lame-duck appointments but argued that council members should continue with their work until the end of the year. This includes choosing commissioners.
"We have two more months of work we should be doing," Cormack said.
Fine alluded to October 2016, when the outgoing council, which at that time enjoyed a small "residentialist" majority, voted to move ahead with new appointments to the planning commission. Both Fine and Tanaka were former planning commissioners who were elected to council that year.
"Until we change those rules, I intend to follow them and — as council member Cormack said — do the work," Fine said.
The three dissenting council members argued that the decision runs completely counter to the spirit of its recent effort to make the appointments less political. Filseth called the move to schedule appointments in mid-December "wildly inappropriate."
"We all said last week that we think these lame-duck appointments is not something we should do and we should move away from," Filseth said. "I didn't realize we were speaking about future councils, not this one."
DuBois also criticized those in the majority for keeping the new council from making the appointments.
"You guys are ramming this through," DuBois said. "You're going to have people not appointed by a new council. And if you insist on doing this, people are going to remember. It's going to be a shame. It's going to be by the slimmest majority possible."
Fine was not swayed.
"We're a political body. Sometimes we make those choices," Fine said. "In terms of bad governance, sometimes it cuts both ways."
The vote came a day before an election that saw candidates affiliated with the council's residentialist wing win a majority of seats. The reelection of Kou and the election of Greer Stone — who are poised to finish second and fourth — means that DuBois and Filseth will see their position strengthened next year. Former Mayor Pat Burt, who finished first among the 10 candidates, has historically been a centrist figure on the council, though he has often voted with the slow-growth members and criticized decisions made by the more pro-growth camp, including its recent push to allow offices to fill space designated for ground-floor retail.
Meanwhile, the reelection of Greg Tanaka means that the more pro-growth wing will see its membership dwindle from four seats to two occupied by himself and Cormack.
Comments
Registered user
Embarcadero Oaks/Leland
on Nov 6, 2020 at 6:58 pm
Registered user
on Nov 6, 2020 at 6:58 pm
More [portion removed] from the lame-duck pro-density bunch. Why isn't Kniss recusing herself since she's STILL under investigation for corrupt campaign procedures? Of course Mr. Fine has repeatedly stated and acted upon his disdain for his fellow council member -- the current ones as well as those just elected -- and of course community sentiment.
But let's remember Ms. Cormack's position when she's next up for election.
Registered user
Midtown
on Nov 6, 2020 at 11:19 pm
Registered user
on Nov 6, 2020 at 11:19 pm
Looking forward to voting Cormack out next time.
Registered user
Green Acres
on Nov 7, 2020 at 12:34 am
Registered user
on Nov 7, 2020 at 12:34 am
How ironic that "progressives" like Fine and Cormack are using a stunt straight out of the Trump playbook (appointing Barrett to the Supreme Court)
Registered user
Crescent Park
on Nov 7, 2020 at 7:30 am
Registered user
on Nov 7, 2020 at 7:30 am
>"More [portion removed] from the lame-duck pro-density bunch."
>"How ironic that "progressives" like Fine and Cormack are using a stunt straight out of the Trump playbook..."
^ 'Midnight appointments' & shades of Marbury vs Madison are alive & well in Palo Alto.
Politics = dirty business.
Downtown North
Registered user
on Nov 7, 2020 at 8:22 am
Registered user
on Nov 7, 2020 at 8:22 am
Due to repeated violations of our Terms of Use, comments from this poster are automatically removed. Why?
Registered user
Adobe-Meadow
on Nov 7, 2020 at 8:28 am
Registered user
on Nov 7, 2020 at 8:28 am
Adrian Fine is sticking it to us as he departs the scene. Ms. McCormack is trying to position herself into a higher political arena. However she will be subject to judgement in her next political election.
If all of this political activity has taught us anything everyone is now more focused on both short and long term net effects of what ever decisions are made at the city, county, and state level. And no one is going to be quiet and just go along with what ever is going down which affects the welfare of this city.
Side note - changes in surrounding cities regarding how they function are now voted on and will be going into effect. They got to vote - we did not get to vote on how issues which fill our streets are happening. That is homeless, RV's, etc. No - we are not going to accept the outflow of decisions made in other cities.
Registered user
Community Center
on Nov 8, 2020 at 1:27 am
Registered user
on Nov 8, 2020 at 1:27 am
The practice of nominations or appointments by the outgoing members should not be taking place in our town. The incoming council needs to have a privilege of filling vacated commissioners’ seats according to its preference.
The same practice has been carried at the Planning and Transportation Commission, when outgoing PTC members elected the PTC’s leadership, thus effectively denying incoming commissioner her representation. It seems the same habit has been carried over to the Council level.
However, the root of the problem is in the misaligned timing of appointments to the city commissions. The appointments, specifically to the PTC, were used to conducted in summer for the terms ending on July 31, per city Ordinance 4606 enacted in 1999. Then due to realignment of all Boards and Commissions terms, the PTC terms were changed to end on October 31 per city Ordinance 5208 enacted in 2013, to later change to December 15th per city Ordinance 5311, enacted in 2015.
Those consequent changes created potential (and now real) conflict allowing very soon departing council members to nominate their preferred commissioners.
While the propensity to extend one’s reach is a matter of personal convictions, the city ordinances should be corrected to stop continuation of such practices.
Registered user
Leland Manor/Garland Drive
on Nov 8, 2020 at 6:15 am
Registered user
on Nov 8, 2020 at 6:15 am
A letter to our City Council:
November 8, 2020
To: Members of the Palo Alto City Council
Re: Action to Permit Lame-Duck Appointment of City Commissioners
The Council’s recent action enabling the appointment of Commissioners prior to the impending departure of two Council members, with those two members participating in the vote to do so, is a classic example of a very shoddy governance practice. Palo Alto citizens expect much higher standards of integrity and character from their elected representatives.
To enable Adrian Fine and Liz Kniss the opportunity to importantly influence future Commission activities only days away from their exits is permitting sleazy and cheap political practices akin to some recent national political moves. I can only guess at the motivations of these two Council members, but I sincerely doubt it will be in the best interests of our city to permit them a parting shot at imposing their personal schemes on the ongoing Commissions and Council. Regarding the support for this lame-duck enablement from Greg Tanaka and Alison Cormack, calling out their failure to adhere to responsible governance standards seems an inadequate response.
Gregory Turnbull
50-year resident
Registered user
Crescent Park
on Nov 8, 2020 at 8:47 am
Registered user
on Nov 8, 2020 at 8:47 am
Simple solution: new council can fire any commission member for any reason, so toss out blatantly pro-growth appointees ASAP in the new year.
Registered user
Embarcadero Oaks/Leland
on Nov 8, 2020 at 11:45 am
Registered user
on Nov 8, 2020 at 11:45 am
@Norman Beamer, what a good and sensible simple solution. That sends the right message to those so blatantly trying to game the system -- and to their acolytes.
Registered user
Leland Manor/Garland Drive
on Nov 8, 2020 at 12:44 pm
Registered user
on Nov 8, 2020 at 12:44 pm
Interesting thought re possibly removing certain commissioners appointed via the lame-duck process, but I don't believe at this time there has been any clarification about the ability of the Council to remove commissioners without cause. See Web Link
My expectation is that further work on the matter will not provide for without cause removals.
Registered user
Midtown
on Nov 9, 2020 at 11:02 am
Registered user
on Nov 9, 2020 at 11:02 am
Neither local, state or national elections showed voter preferences' had moved the needle all the way to the left. There are still many of us who are moderates and disdained the Poor Me refrains of Steven Lee et al locally and the overdone guilt trip from the BLM, ACLU and the NAACP on Prop 16. An Outlier as always, Tanaka squeaked back into the CC because of an overwhelming amount of $$$ from developers and Big Money -- certainly not his steadiness or leadership.
Even as we keep a Red Senate moving forward and work to collaborate with McConnell and Graham, I trust that our newly elected and re-elected CC members will scrutinize the P & T Commissioners elected by the Lame Ducks. I also trust that the CC in January will still give the likes of Steven Lee, Raven Malone and Cari Templeton a way of staying involved in the challenging 2021 and years ahead.
That said, I hope the refreshed CC will also scrutinize Ed Shikada and the City Staff which seem to promote policies which reflect their own ambitions and positions -- not those of our City.
Registered user
Another Palo Alto neighborhood
on Nov 9, 2020 at 11:16 am
Registered user
on Nov 9, 2020 at 11:16 am
The arrogance of Council Member Cormack continues to amaze. She veils her dismissiveness in the trappings of "politeness" as she looks down her nose at voters. What a disappointment. I won't forget this.
Registered user
Charleston Meadows
on Nov 9, 2020 at 12:02 pm
Registered user
on Nov 9, 2020 at 12:02 pm
The move was low even for these CC members that I did not expect to "go high". The Cormack example is a text-book: next time when a candidate is asked a direct question (housing, traffic, etc.) but goes into vague speculations about "being civil" know that you are dealing with a liar. She squeaked in simply because there were no viable candidates. Vote her out next time.
Fine is an example of everything that is wrong with the modern day politics.
Registered user
Palo Verde
on Nov 9, 2020 at 2:00 pm
Registered user
on Nov 9, 2020 at 2:00 pm
Should recent CC candidates Raven Malone, Cari Templeton, and Steven Lee apply for these seats, I would expect the Council to look favorably upon their solid showing in the recent election. It is a testament to what the residents of this town prefer that they did so well in a crowded field - especially newcomer Malone.
Registered user
Embarcadero Oaks/Leland
on Nov 9, 2020 at 3:25 pm
Registered user
on Nov 9, 2020 at 3:25 pm
@More Transparency, Ms Templeton already chairs the PTC. During her campaign for City Council she was asked what she'd fix about the CC and its relationship with the city government. She responded by that absolutely nothing needed fixed and that Ms. Cormack represented her ideal CC member.
Registered user
Crescent Park
on Nov 17, 2020 at 8:57 pm
Registered user
on Nov 17, 2020 at 8:57 pm
I am disappointed and outraged to read in the November 13 issue of the Palo Alto Weekly that on November 2, the eve of Election Day, the Palo Alto City Council voted to appoint commissioners to key city boards weeks before their terms expire. Moreover, this vote took place only one week after a unanimous vote by the Council to move appointments to the spring in order to avoid politicization of commission appointments!
This action smacks of opportunism. It is bad enough that we have had to endure such machinations at the highest levels of our government, but to experience this behavior here at home is downright disheartening.
According to the Palo Alto Weekly article, Council members Kniss, Cormack, Fine and Tanaka “noted that because the new rules hadn’t yet been adopted, it {was} perfectly reasonable for them to make the appointments.” Doing so not only was a gross abuse of power, and deprived the voters of having their voice represented among the city’s various commissions, but also showed complete disregard for the council’s unanimous decision to make appointments in the spring!
It doesn’t matter if one favors development or slow growth, witnessing this underhandedness undermines trust and confidence in our community leaders and demonstrates a lack of integrity. Is this how our representatives work together for the benefit of our community? What message does this send to our young people?
Registered user
Green Acres
on Nov 17, 2020 at 9:06 pm
Registered user
on Nov 17, 2020 at 9:06 pm
Sound like our current president, act like him and are unable to think of anyone but themselves.