City Council - February 9, 2026

Cubberley letter advances while tax options poll below passage thresholds

The City Council voted 7-0 to approve a letter of intent with TheatreWorks Silicon Valley and directed staff to explore ways to acquire seven acres at Cubberley without relying on a ballot measure. The direction includes possible discussions with the school district about modified acquisition terms.

The prospective partnership envisions a two-theater performing-arts complex with renovations to the existing theater and pavilion, a shared lobby, additional restrooms, accessibility improvements and technology upgrades. The city and TheatreWorks will next work toward a more formal agreement covering cost sharing, fundraising, timelines and management.

The action followed a January poll in which both a parcel tax and a general-purpose sales tax began with 48% support. A parcel tax would require two-thirds voter approval, while the sales tax would require 50% plus one. Staff projected that the parcel tax would generate about $7.3 million annually and that a half-cent sales tax would raise roughly twice as much. The poll included slightly more than 400 interviews, with sampling-error margins of about 5% for the full sample and 7% for half samples.

Staff plans a fourth poll for mid-to-late April that will examine project details, partnerships, financing choices and possible competing tax measures. A decision about placing a measure on the November 2026 ballot is expected in June; no ballot measure was approved at this meeting. Staff also had begun considering development impact fees, fund shifts and certificates of participation as potential acquisition tools.

Councilmember Ed Lauing said the partnerships had changed the project landscape and could attract more private support. Public comments were mostly supportive of improving Cubberley, although some speakers questioned affordability and urged a smaller proposal. One commenter alleged Brown Act concerns involving the ad hoc committee process, but the Council did not adjudicate that allegation.

Council takes no Churchill closure vote as rail-safety work continues

A rail-safety and youth-mental-health ad hoc committee will continue evaluating near-term options and could bring recommendations to the Council by the end of February. The Council did not vote to close the Churchill rail crossing or approve paid security or other access restrictions at this meeting.

Numerous speakers urged immediate closure of the crossing near Palo Alto High School and called for security or other measures that would limit access to the tracks. Staff reported that intrusion-detection technology had recently been installed at Churchill, while other rail-safety solutions are planned at the Charleston and Meadow crossings. Longer-term grade-separation design work is also continuing.

Staff publicized the 988 suicide and crisis support line and grief-support groups scheduled for Feb. 11 and Feb. 13 from 5 to 6:30 p.m.

Council sets five-minute comments and a 10 p.m. default

The Council set a five-minute limit for councilmember questions, comments and announcements in a 5-2 vote, replacing the previous three-minute guideline. In a separate 6-1 vote, it adopted a general policy against beginning new matters after 10 p.m. unless the Council elects to proceed.

A separate 7-0 vote approved four core handbook changes involving Brown Act teleconferencing rules, proclamations, pulled consent-calendar items and removal of obsolete mayor and vice mayor compensation language. Under amendments adopted with that motion, a councilmember may use one minute to explain a request to pull a consent item, while explanations of all consent-calendar no votes are limited to three minutes combined. A pulled item may receive up to 10 minutes of discussion when feasible.

The Council referred several other issues for further work rather than adopting immediate handbook changes. Those referrals include language clarifying that U.S. citizenship is not required for board or commission service, practices for sending an issue to more than one standing committee and staff support for council representatives on regional bodies. Discussion of board and commission work-plan procedures was deferred, and staff will return with clean handbook language.

Council approves fleet buys, sewer contingency and fire-code contracts

Through its 7-0 consent-calendar vote, the Council authorized up to $1.43 million for a cable-handling trailer, a wheel loader and seven patrol vehicles. The total includes up to $300,000 for the trailer, $430,000 for the loader and $700,000 for the patrol vehicles. The Council also increased an existing Altec Industries purchase order by $94,911, bringing its maximum to $1.17 million.

The Council added $800,000 in construction contingency to the Joint Intercepting Sewer Rehabilitation project, raising the contract’s total potential value to about $11.68 million. Palo Alto’s estimated share of the increase is approximately $288,000. The additional authority includes an estimated $125,000 for Byxbee Park trail restoration and $675,000 for a bypass-system estimate discrepancy and remaining change orders as the project moves toward closeout.

Councilmembers also approved four three-year contracts totaling up to $1.44 million for on-call fire-code and hazardous-material services. The contracts with Atlas Environmental, Interwest Consulting Group, TRB and Associates and West Coast Code Consultants run through December 2028.

Four Stanford properties come off the weed-abatement list

The Council voted 7-0 to begin 2026 weed-abatement work after removing four of Stanford’s five listed properties from the affected-property list. The property at 3500 Deer Creek remained on the list, and Stanford is expected to continue addressing it.

A Stanford representative said vegetation-management work had brought the other properties into compliance, and staff supported their removal. Under the county-administered program, a failed inspection is followed by another inspection two weeks later, with county-contracted abatement available if compliance is not achieved. The county inspection fee increased from $105 to $296 beginning in 2025.

Retired specialist will support wastewater plant rebuild

The Council voted 7-0 to approve an exception to CalPERS’ 180-day waiting period so retired employee Aaron Miller can return for temporary, part-time special-project work at the Regional Water Quality Control Plant. The assignment may last up to 24 months, is limited to 960 hours annually and pays $106.91 per hour.

Staff said Miller’s retirement from Public Works in December created an operational gap during the plant’s infrastructure rebuild. His specialized plant and maintenance knowledge is expected to support project continuity, employee training and regulatory compliance while the city recruits a permanent replacement.

Lauing asked why recruitment had not begun and whether a replacement would be hired before the assignment reached its two-year maximum. Staff said the city learned of the retirement shortly before it occurred and that hiring remains subject to financial constraints and a hiring-review process. Staff said it intends to recruit for the permanent position.

Primary sources

Watch the meeting on YouTube · Read the official meeting packet