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701-32 DOCUMENTS IN THIS PACKET INCLUDE: LETTERS FROM CITIZENS TO THE MAYOR OR CITY COUNCIL RESPONSES FROM STAFF TO LETTERS FROM CITIZENS ITEMS FROM MAYOR AND COUNCIL MEMBERS ITEMS FROM OTHER COMMITTEES AND AGENCIES ITEMS FROM CITY, COUNTY, STATE, AND REGIONAL AGENCIES Prepared for: 11/22/2021 Document dates: 11/15/2021 – 11/22/2021 Public Comments Note: Documents for every category may not have been received for packet reproduction in a given week. From:Friends of the Palo Alto Junior Museum & ZooTo:Council, CitySubject:Support Access & Inclusion at the Junior Museum & ZooDate:Monday, November 22, 2021 8:02:50 AM Some people who received this message don't often get email from info+friendsjmz.org@ccsend.com.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. Dear Supporters, We are ecstatic to share that the City of Palo Alto reopened the new JuniorMuseum and Zoo (JMZ) in November and began welcoming the community intoour breathtaking new facility. The project to reimagine and rebuild the JMZ was a labor of love and could not havehappened without the generosity and support of the Friends community. It is nothing short of magical to see children engaging with each other -- and with flamingoes andmeerkats -- in this new space that was years in the making. We hope that you willvisit soon and often. The generous support of our donors helped us raise $25 million to build the newfacility, as well as enabled us to fund our Access and Inclusion initiatives -- from SuperFamily Sundays, a zoo experience for children with disabilities, to ScienceOutreach, a program that brings STEM education to under-resourced schools inEast Palo Alto. Donate Now We hope that you enjoy reading the 2020-2021 Annual Report, which is filled withphotos of the engaging new exhibits and animals at the JMZ. As we look to the futurewe have two major fundraising priorities: Access and Inclusion: The Friends hasbeen committed to access and inclusionprograms for decades. Science Outreachwas founded in 1999 and continues tobring high-quality STEM education tothousands of elementary-school childrenwho would otherwise not have scienceclasses. This year the Friends isredoubling efforts to bring the JMZ experience to everyone in ourcommunity, particularly since the City isnow charging an admission fee. Yourongoing support will allow us to expand the Friends’ access and inclusioninitiatives and to roll out programs such as subsidized memberships. Werecently launched a corporate sponsorship program, which gives businesses andcompanies a way to support access initiatives and many others. Please visit ourwebsite at www.friendsjmz.org for more information on this program. Dinosaur Garden Capital Campaign: Thanks to a generous matching grant fromthe Institute of Museum and Library Services, the new JMZ will be inhabited bylife-size dinosaurs beginning in 2023. TheCalifornia Dinosaur Garden will featureprehistoric plants within a seasonal marshlandscape, life-size dinosaurs, prehistoricanimal sculptures, and interactiveinterpretive exhibits, including a fossildig. The Friends have committed to raising$300,000 to complete funding, and this is awonderful opportunity for families withdinosaur lovers to sponsor a truly exciting project. We are offering namingopportunities for gifts of $10,000 and higher. The reopening of the JMZ is a milestoneachievement, and we look forward tocelebrating it with you. Sincerely,Lauren Angelo, President of the Friends Donate Now Friends of the Palo Alto Junior Museum & Zooinfo@friendsjmz.org | www.friendsjmz.org Connect with us Friends of the Palo Alto Junior Museum & Zoo | 1451 Middlefield Road, Palo Alto, CA 94301 Unsubscribe city.council@cityofpaloalto.org Update Profile | Constant Contact Data Notice Sent by info@friendsjmz.org powered by Try email marketing for free today! 0 0 (1 ,;~ Constant \::!,I Contact From:The Viscardi Center To:Council, City Subject:3Play Media and The Viscardi Center Announce Partnership Date:Monday, November 22, 2021 6:04:28 AM Some people who received this message don't often get email fromdaservices+viscardicenter.org@ccsend.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. 3Play Media and The Viscardi Center Announce Partnership Albertson, NY — November 19, 2021 — Video accessibility company 3Play Media and The Viscardi Center, a network of nonprofits that educates, employs, and empowers children and adults with disabilities, today announced a partnership to provide businesses, non-profitorganizations, and government entities with practical, long-term video accessibility solutions. 3Play Media is an integrated video accessibility platform with patented solutions for closed captioning, transcription, live captioning, audiodescription, and subtitling. 3Play Media combines machine learning (ML) and automatic speech recognition (ASR) with human review to provide innovative, highly accurate services. Customers span multiple industries, including media & entertainment, corporate, ecommerce, fitness, highereducation, government, and eLearning. The Viscardi Center’s Digital Accessibility team specializes in a range of critical services, including website accessibility, document remediation, captioning/CART, and audio description. The partnership aims to advance both 3Play Media and TheViscardi Center’s reach by connecting new clients with essential services and solutions to meet evolving accessibility standards. “3Play Media is thrilled to partner with The Viscardi Center, which shares the same critical mission of making video and virtual environmentsaccessible to people with disabilities.” said Josh Miller, Co-CEO and Co- Founder, 3Play Media. “The combined toolsets of 3Play Media and The ~· The5' Viscardi Center Viscardi Center will set organizations up for success in achieving accessibility goals and building better experiences for all users.” “The digital landscape is intertwined with our daily lives more than ever before,” said Michael Caprara, CIO at The Viscardi Center. “It’s imperative that employees, students, and customers with disabilities have equal access to the web and video content including alternativeformats, such as audio description. We’re proud to join forces with 3Play Media in our effort to help organizations prioritize, plan, and build fully inclusive digital environments that elevate the experience for all users.” About 3Play Media 3Play Media was founded in 2007 by four MIT graduate students researching affordable ways to make video accessible through innovative technology. 3Play Media serves more than 10,000 customers across multiple industries, including education, media & entertainment,government, and enterprise companies. 3Play Media’s solution helps customers to increase the value of their online video by making it accessible, usable, searchable, and SEO-friendly. 3Play Media’s mission is committed to making web video widely accessible, using technology andhuman expertise to deliver high-quality video accessibility services at a fair cost and unlimited scale. About The Viscardi Center The Viscardi Center, a network of non-profit organizations based inAlbertson, provides a lifespan of services that educate, employ, and empower people with disabilities. Its programs and services include Pre- K through High School education, school-to-work transition services, vocational training, career counseling and placement, entrepreneurshipand workforce diversification assistance to children, adolescents, and adults with disabilities and businesses. It was founded in 1952 by Dr. Henry Viscardi, Jr. who himself wore prosthetic legs, served as disability advisor to eight U.S. Presidents, from Franklin D. Roosevelt to JimmyCarter, and became one of the world’s leading advocates for people with disabilities. Connect With Us The Viscardi Center | 201 I.U. Willets Road, Albertson, NY 11507 Unsubscribe city.council@cityofpaloalto.org Update Profile | Constant Contact Data Notice Sent by daservices@viscardicenter.org powered by Try email marketing for free today! ,.. I I I r ~· The jl Viscardi Center ,;~ Constant \::!,I Contact From:Sierra Club To:Council, City Subject:One hug for them and one for the planet Date:Monday, November 22, 2021 5:16:19 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. It's our biggest sale of the year — and it's only here for a limited time. 20% OFF + FREE SHIPPING WITH CODE HOLIDAY20 These thoughtful and adorable gifts help create a brighter future for all. Every symbolic adoption supports our conservation work protecting the wildlife and planet we love. Due to the impact of COVID-19, the global supply chain is struggling. 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This email was sent to: city.council@cityofpaloalto.org This email was sent by the Sierra Club 2101 Webster St., Suite 1300, Oakland, CA 94612 Manage Preferences | Unsubscribe | View as Web Page From:Palo Alto Free Press To:Jeff Rosen; Reifschneider, James; Jay Boyarsky; Stump, Molly; Shikada, Ed; Bains, Paul; Human RelationsCommission; Council, City; James Aram; Carol Petersen; carrie@carriemarie.com Subject:The Greatest civil rights attorney…. Second to none….. Date:Monday, November 22, 2021 4:24:00 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. https://twitter.com/pafreepress/status/1462626275890274312?s=21 He was and still is my mentor….. Mark Petersen-Perez, editor in chief, Palo Alto Free Press, reporting from Nicaragua Sent from my iPad From:Loran Harding To:Loran Harding; antonia.tinoco@hsr.ca.gov; alumnipresident@stanford.edu; David Balakian; bballpod; fredbeyerlein; Leodies Buchanan; boardmembers; beachrides; bearwithme1016@att.net; Cathy Lewis; Chris Field;Council, City; dennisbalakian; Doug Vagim; Daniel Zack; Dan Richard; david pomaville;esmeralda.soria@fresno.gov; eappel@stanford.edu; francis.collins@nih.gov; fmerlo@wildelectric.net;grinellelake@yahoo.com; Gabriel.Ramirez@fresno.gov; huidentalsanmateo; hennessy; Irv Weissman; jerryruopoli; Joel Stiner; kwalsh@kmaxtv.com; kfsndesk; lalws4@gmail.com; leager; Mayor; margaret-sasaki@live.com; Mark Standriff; merazroofinginc@att.net; newsdesk; news@fresnobee.com; nick yovino;russ@topperjewelers.com; Sally Thiessen; tsheehan; terry; VT3126782@gmail.com; vallesR1969@att.net Subject:Fwd: Dr. John Campbell in UK: Vaccination Disappointments- Mon., Nov. 15, 2021 Date:Sunday, November 21, 2021 11:46:05 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. ---------- Forwarded message --------- From: Loran Harding <loran.harding@stanfordalumni.org>Date: Sun, Nov 21, 2021 at 5:16 PM Subject: Fwd: Dr. John Campbell in UK: Vaccination Disappointments- Mon., Nov. 15, 2021To: Loran Harding <loran.harding@stanfordalumni.org> ---------- Forwarded message ---------From: Loran Harding <loran.harding@stanfordalumni.org> Date: Sun, Nov 21, 2021 at 4:03 PMSubject: Fwd: Dr. John Campbell in UK: Vaccination Disappointments- Mon., Nov. 15, 2021 To: Loran Harding <loran.harding@stanfordalumni.org> ---------- Forwarded message --------- From: Loran Harding <loran.harding@stanfordalumni.org>Date: Sun, Nov 21, 2021 at 3:14 PM Subject: Fwd: Dr. John Campbell in UK: Vaccination Disappointments- Mon., Nov. 15, 2021To: Loran Harding <loran.harding@stanfordalumni.org> ---------- Forwarded message ---------From: Loran Harding <loran.harding@stanfordalumni.org> Date: Sun, Nov 21, 2021 at 3:05 PMSubject: Dr. John Campbell in UK: Vaccination Disappointments- Mon., Nov. 15, 2021 To: Loran Harding <loran.harding@stanfordalumni.org> Sunday, November 21, 2021 To all- Important to know what the vaccination campaign has achieved and what it has notachieved. Worth hearing. The UK, US governments have given up on the idea of herdimmunity wrt Covid19, at least for now. Covid will become endemic. It will be with usfor years. He quotes big-gun experts at the CDC saying we have not reached herd immunity and that they will let us know if we ever do. Campbell shows the drop off in antibodies at 20 weeks after the primary shots for Pfizerand for Oxford Astrazeneca. That is five months and they can measure the drop-off at that point. It is worse for Oxford Astra than for Pfizer. You have protection in the 70s percentrange with Oxford Astra after 20 weeks and you still have protection in the low 90's percents with Pfizer. With any of the vaccines, you want to get the booster. I got mine with Moderna atthe 9 months mark on Nov. 2, 2021. If we have to keep getting boosters, it likely will not be after 8 or 9 months, although Dr. Campbell said that he is hopeful that immunity will belonger-lived with the boosters. We have to wait and see on that. They are saying that immunity starts to drop off with the primary shots at the 6 month mark. BTW, Modernaseemed to give better immunity than did Pfizer at the six month mark. Vaccinate MY kid? NO you don't! Kids can get Covid and not even know it. A few have died of it though. AND, they can get it, take it home, give it to grandma, and she can die of it.Somebody said "You want your kid to go through life knowing that he killed grandma?" Get him vaccinated. Vaccination disappointments - YouTube All in all, all the US and UK experts are disappointed at the degree of waning of thevaccines happening as soon as we are seeing it. Campbell, e.g., thought that the primary shots would provide better protection for considerably longer than they are providing it. Keep all ofthat in mind when you turn up your nose at a booster. Without it, you are progressively more vulnerable to a break-through infection. The CDC approved the Moderna booster on aThursday night and I got it on Tuesday. It is one-half the primary dose, 50 mcg and .25 ml. v. 100 mcg and .50 ml. for the primaries. If every adult, and now every youngster, in the US had gotten vaccinated last spring, we'dprobably have herd immunity in the US by now. They don't want to say that. You don't want to lay a guilt trip on the vaccination reluctant. Notice the rioting in Rotterdam over the lock-downs of the unvaccinated. In Belgium andAustria too. The vaccines can be dangerous. See the Dr. Campbell video on YouTube with Kyle's name in the title. He got the Pfizer vaccine in May and June, 2021 and really went through hellwith heart issues. Boise, Idaho. The two mRNA vaccines, Pfizer and Moderna, can produce myocarditis and paricarditis, with possible permanent damage to the heart. Those are morelikely in young, fit males. The adenovirus vector vaccines, Oxford Astrazeneca and J&J, can produce blood clots, more likely in women. Biden held Oxford-Astra. off the US marketalthough I think we sold some of ours to Canada. It was widely used in the UK. We have been using the J&J vaccine in the US, with some blood clots resulting. L. William Harding Fresno, Ca. From:Karen Lawrence To:Council, City Subject:Planning for High Speed Rail Date:Sunday, November 21, 2021 3:54:06 PM Some people who received this message don't often get email from khcl@stanford.edu. Learn whythis is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello Council members -- was very disappointed that the council accepted the ‘close Churchill’ recommendation, which violates the stated goal of connecting Palo Alto and will clearly impact the Page Mill and Embarcadero under-crossings, already too congested during many parts of the day. The “hybrid” viaduct seems awkward - a huge pile of dirt and grade-level with undercrossing. Why not choose the viaduct itself? It’s cheaper and faster. And let’s keep Churchill open -- no more NIMBY craziness that doesn’t achieve your stated goals. Those of us in midtown and south palo alto are really tired of the northerly neighbors driving choices that negatively impact us. I realize there is no perfect solution but please have a clear vision of what’s important, how to get there, and make it happen. Sincerely, Karen H.C. Lawrence 446 Marion Way PA 94301 (Midtown) From:Aram James To:Tom DuBois; Filseth, Eric (Internal); Alison Cormack; Greer Stone; Council, City; Planning Commission; Kou,Lydia; Tanaka, Greg; Winter Dellenbach; Rebecca Eisenberg; Roberta Ahlquist; Pat Burt;wilpfpeninsulapaloalto@gmail.com; chuck jagoda; Shikada, Ed; Angie Evans; Dave Price Subject:Housing Grades for every city in California including Palo Alto Date:Sunday, November 21, 2021 1:30:02 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Follow the link below to view the article. https://mercurynews-ca.newsmemory.com/?publink=1cbe0a623_1345fd5 Sent from my iPhone From:Kathy Burch To:Council, City Subject:Support of Castilleja School Date:Sunday, November 21, 2021 10:29:27 AM Some people who received this message don't often get email from kburch777@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Council Members, I have written to you previously regarding Castilleja, but as a reminder, I am an almost-40 year resident of Palo Alto, the daughter-in-law of former mayor Jim Burch, a 26-year employee of Castilleja (now retired) and the mother of a former Castilleja student. I am grateful for the hard work you have already put into reviewing the Castilleja project. This year, you have minor improvements to review, and excellent options to choose from to reach a compromise. One element of recent news to add to the conversation is Castilleja’s capacity to adapt its outstanding TDM program to respond to the pandemic. Before the pandemic, many students who live north of campus rode Caltrain to school and were met by Castilleja’s electric shuttles to get to campus from the station. As the school began to reopen, some students who had ridden the shuttles before chose not to do so. Castilleja responded immediately, with two new bus routes picking students up near their homes, which resulted in less need for them to come to school in smaller carpools or single-occupancy vehicles. Even as some students have become more comfortable riding Caltrain again, the bus routes are still running to make sure that daily trips remain low. Please put these questions of increased car trips to rest. There will be a cap on car trips to and from school. The school has outstanding TDM and will immediately make any changes necessary to keep car trips below the cap. What other institution or organization in Palo Alto has achieved reducing their daily car trips by 25–31% percent? Approve this project and highlight Castilleja for being a leader in reducing traffic. Thank you, Kathy Burch 777 Marion Avenue, Palo Alto From:Sachi Hwangbo To:City Mgr; Council, City Subject:PETS IN NEED contract termination Date:Sunday, November 21, 2021 9:49:44 AM [Some people who received this message don't often get email from sachi_hwangbo@yahoo.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear Mayor, Councilmembers, and City Manager, When Pets In Need took over animal shelter operations they promised us comparable services but that’s not what they gave us. PIN kept operating in Palo Alto as a retail rescue, transporting animals from far away places with unsettling consequences. I’m not surprised and relieved they gave up. Outsourcing animal services was a failed experiment and it's time to let the experts take over again. The cities of Palo Alto, Los Altos, and Los Altos Hills have loyal animal control officers who have worked decades to protect the public and save animals of our jurisdiction. Instead of outsourcing again, please listen to our animal control officers’ ideas to save money and increase services. A city that takes care of its animals is a healthy city. Thanks for all you do. Kind regards, Sachi Hwangbo Palo Alto resident From:Virginia Smedberg To:Council, City; Planning Commission; Architectural Review Board Subject:Castilleja"s plans Date:Saturday, November 20, 2021 9:11:57 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council, Planning Commission, and Architectural Review Board: I am writing as a Casti alumna (1963). In those days having a girls-only school was very helpful to me as a good math and science student in the days when girls weren't supposed to be good at those subjects. Theoretically things are better in this generation - but there is still "prejudice" about expectations for women. So the idea of a girls-only school is still quite valid. Therefore I am excited about the possibility of making that opportunity available to more girls. From what I have read, the school has done a thorough job of working with the recommendations presented to them. I'm copying here some of the points that I've read. The most important to my mind is that they have offered options for the City's agencies to choose among. And I quote: We have offered new plans to the City that include several different options including: Five different design options to further reduce the underground parking area that Better ensure preservation of trees Continue to move parked cars out of sight Offer City leaders options to choose from In particular, Option E adheres to City Council's motion to limit underground spaces to 52 and at the same time promotes neighborhood quality of life by Retaining a tree that was previously designated for removal Reducing noise associated with campus deliveries Modifying the pool site in order to better preserve another tree Changes to the building design to align with the current permitted square footage The above-ground square footage of the updated building is confirmed to be in compliance with permitted square footage under prior CUPs There have always been many different interests to balance and many different people to please as we have iterated and reworked these plans. Now, City leaders have an array of choices to solve the questions • 0 0 0 • 0 0 0 • 0 the City Council asked us to address, and we are confident they will be able to find the best path forward. With all of the compromises and revisions that have been made, this project is ready for approval. I support that final statement: I think the project is ready for the City, which is you all to whom this is addressed, to select and approve one of the proffered options, so the project can move forward and more competent young women can become a part of our society. Sincerely, Virginia Smedberg 441 Washington Ave Palo Alto From:Palo Alto Free Press To:Bains, PaulCc:Stump, Molly; Council, City; darylsavage@gmail.com; Human Relations Commission; Gennady Sheyner; Bill Johnson; Jeff Rosen; Jay Boyarsky; aram james Subject:Constitutional violation of the First AmendmentDate:Saturday, November 20, 2021 2:56:32 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. You should learn to be respectful of the community sheep…..rather than beat them over the head with your constitutional STAFF of Discipline… https://twitter.com/pafreepress/status/1462189422569529348?s=21 Tender your resignation immediately! Sent from my iPad ------------ Vll/~u...l\ a1 From:mark weiss To:Council, City; Shikada, Ed; DuBois, Tom; Stump, Molly Subject:Jesus for Mayor of Palo Alto, or replacing such Date:Saturday, November 20, 2021 5:42:42 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. I'm still looking for information about the May 22, 2021 illegal religious service held at 250 Hamilton, Palo Alto City Hall in violation of the First Amendment of the U.S. Constitution bya group of Christian churches. Did only the Police "permit" this, i.e. the parking permits on Hamilton? Did staff approve use of a government facility to prosletize the views ofevangelicals? Did Black Lives Matter as a subtext somehow confuse us about what "Unconstitutional" means? Does wearing a mask change things? This is likely my third attempt for info. Why does it take six months or more to get a response? Will I get a response? Is leadership's silence a tacit rebuttal of my views? Is leadership's silence an endorsement of the notion ofusing government facilities as a tool for evangelical Christianity? You've heard the term "separation of church and state", right? Sometimes we also say "no establishment" clause, as in the government does not favor the establishment of a particularreligion, even a popular one like Evangelical Christianity, over the beliefs or views or understandings of the rest of us, right? (Like my view that Jesus was a prophet perhaps or arabbi and leader but not son of G-d nor everlasting; I'm Jewish) Are you, by your silence, Ed and Molly and Tom, saying that using 250 Hamilton is not "City Hall" and that's the answer? Or are you saying, what I am hearing, that Evangelical Christianity, or the belief that JesusChrist is the savior and the key to my everlasting life in Heaven is in fact the official religion of Palo Alto and Tom Dubois, Eric Filseth, Molly Stump, Ed Shikada,Kristin O'Kane, RobertJonsen, Geo Blackbridge, Keith Rechdahl, Alison -- One L - Cormack, Greer Stone and Robert Parham? I have a 40 minute recording of the service. I counted the number of times I was told that Ineeded to worship Jesus in order to belong at 250 Hamilton or be a Palo Altan. It was offensive. And illegal. LA Times today, a professor from Dartmouth -- which ironically was founded 250 years agoto teach Jesus to Native Americans, but has since stepped to our step as Americans, believers and practicers of both freedom of religion and freedom from religion -- explains such, aproposof Michael Flynn, the corrupt and stupid right wing flunkee (and former general): There was a time, not so long ago, when Michael Flynn’s latest pronouncement would have been considered outrageous, but I’m afraid we’ve reached the point of outrage fatigue. ("No,Michael Flynn, America doesn't need one religion", LAT, 11/20/21) “If we are going to have one nation under God, which we must, we have to have one religion,” Flynn declared at a right-wing rally last weekend at Cornerstone Church in San Antonio, Texas. “One nation under God and one religion under God.” Flynn, the disgraced former national security adviser in the Trump administration, has found anew calling as darling of the religious right and, apparently, as a self-anointed historian. “I mean if you really study the 1500s, the 1600s, the 1700s, and how we were created as a Judeo-Christian country with the you know beautiful, beautiful set of values and principles that we have,” he said. “But now we’ve lost sight of that.” Well, no. The United States was not “created as a Judeo-Christian country.” First, the term“Judeo-Christian” was not even invented until the 1890s. More to the point, the founders — many of whom were deists, not orthodox Christians — were highly suspicious of any attemptsto favor one religion over another. That sentiment led to the 1st Amendment, which reads in part, “Congress shall make no law respecting an establishment of religion, or prohibiting thefree exercise thereof.” (elipsis) The great irony in Flynn’s statement and in the arguments for Christian nationalism is that religion has flourished in America as nowhere else precisely because faith is uncoerced. The 1st Amendment guarantees that. The current surge in Christian nationalism, exemplified by Flynn’s comments, is part of a longer history of periodic attempts to whittle away at the establishment clause of the 1st Amendment. One of the Confederacy’s complaints about the Union during the Civil War was that the U.S. Constitution contained no reference to God, something the Confederate Constitution was careful to include. A group of Protestants in the North sought to answer that charge by amending the Constitution to acknowledge “the Lord Jesus Christ as the Ruler among the nations, His revealed will as the supreme law of the land.” A coalition of 11 Protestant denominations organized as the National Reform Assn. and met with Abraham Lincoln to enlist his support. The president wisely temporized, averring that “the work of amending the Constitution should not be done hastily.” Although the proposed amendment had several congressional sponsors, it never came up for a vote. In 1947, in the early throes of the Cold War, a group called the Christian Amendment Movement proposed another constitutional amendment that read in part: “This nation devoutly recognizes the authority and law of Jesus Christ, Savior and Ruler of nations, through whom are bestowed the blessings of almighty God.” That amendment failed, although Congress added “under God” to the Pledge of Allegiance in 1954 and designated “In God We Trust” as the national motto two years later. The most recent attempts to undermine the 1st Amendment occurred in the 1960s in the wake of the Supreme Court’s decisions regarding public prayer in public schools. Two amendments were proposed to allow public prayers, one by Everett Dirksen, Republican senator from Illinois. Fortunately, Mike Mansfield, majority leader of the Senate, was able to marshal opposition. “One’s religious practice is too personal, too sacred, too private to be influenced by pressures for change each time a new school board is elected,” the Democrat from Montana said. The Dirksen amendment fell nine votes short of the two-thirds majority needed to pass the Senate. I’m aware of no legislation now before Congress that would accomplish what Flynn advocated. That doesn’t mean that those of us who cherish religious liberty can be complacent. Given the mania for Christian nationalism these days, a flip in control of either the House or the Senate could alter that calculus. On one part of Flynn’s rallying cry, I find myself in full agreement. He talked about the “beautiful, beautiful set of values and principles that we have.” I concur, and the most beautiful of all is the 1st Amendment. (Randall Balmer, an Episcopal priest, teaches at Dartmouth College and is the author of “Solemn Reverence: The Separation of Church and State in American Life.”) Balmer is right. Whoever issued the permit for using 250 Hamilton as a church on May 22 is wrong. And it is wrong to just ignore the whole thing. Please respond, leadership. Mark Weiss in Palo Alto see also Tracy Chapman, Save Us All (2008) -- "My God is a mighty big God" From:Allan Seid To:Channing House Bulletin Board Subject:Fwd: Anti-Asian Hate Is Still On The Rise, Almost 2 Years Into The Pandemic | HuffPost Communities Date:Saturday, November 20, 2021 5:22:03 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. ---------- Forwarded message --------- From: Allan Seid <allanseid734@gmail.com>Date: Thu, Nov 18, 2021 at 6:56 PM Subject: Anti-Asian Hate Is Still On The Rise, Almost 2 Years Into The Pandemic | HuffPostCommunities To: Allan Seid <allanseid734@gmail.com> https://www.huffpost.com/entry/anti-asian-racism-pandemic-covid-19-stop-aapi- hate_n_61968816e4b025be1ad8bd42 Anti-Asian Hate Is Still On The Rise, Almost 2 Years Into The Pandemic Nearly 20% of AAPI people say they’ve experienced a racist incident in the past year, according to a new survey from the coalition Stop AAPI Hate. Marina Fang 11/18/2021 01:38pm EST A demonstrator holds a sign that reads "Asians are not viruses, racism is," at a demonstration at the Japanese American National Museum in Little Tokyo in Los Angeles on March 13. RINGO CHIU via Getty Images Nearly 1 in 5 Asian Americans and Pacific Islanders report having experienced an incident of racism or discrimination in the past year, one of several grim findings from a new survey illustrating that the wave of anti-Asian racism stemming from the COVID-19 pandemic continues to harm AAPI communities around the country. The survey, conducted by Stop AAPI Hate and Edelman Data & Intelligence, collected data from 928 Asian American respondents and 160 Native Hawaiian and Pacific Islander respondents. Among other things, it found that Asian Americans with a high school education were twice as likely to have experienced a hate incident (41%) compared to Asian Americans with some college education (19.8%) or a bachelor’s degree or higher (13.8%). According to the survey, 31% of Asian Americans and 26% of Pacific Islanders reported experiencing a hate incident at work. Once again, Asian American respondents with a high school education were far more likely to report experiencing a hate incident at work (65%), compared to respondents with some college education (31%) and respondents with a bachelor’s degree or higher (21%). “It’s tragic but not surprising that Asian Americans with lower education levels are experiencing more hate,” Cynthia Choi, one of Stop AAPI Hate’s co-founders and the co-executive director of Chinese for Affirmative Action, said in a statement. “Anti-Asian hate is tied to systemic racism against our community. Stopping hate is not about quick fixes like law enforcement but about deeper investment in our communities.” Stop AAPI Hate, a coalition of advocacy groups and scholars formed in March 2020, also released its newest data of reported incidents of racism and discrimination, which it began collecting at the beginning of the pandemic. As of Sept. 30, the group has amassed 10,370 incidents of anti-Asian hate. The actual number is likely higher, since the incidents are self-reported. Consistent with previous data, most of the incidents have involved AAPI people being verbally harassed or shunned, and the incidents have primarily taken place in businesses and on public streets. Sixty- two percent of the incidents were reported by AAPI women, demonstrating the toxic combination of racism and misogyny. More than 10% of the incidents took place online, and more than 11% involved a civil rights violation, such as workplace discrimination, housing discrimination, being refused service or being barred from public transit. According to the survey, more than 30% of Asian American parents and 31% of Pacific Islander parents said their child had experienced a hate incident at school. In addition, 23% of Asian American respondents and 21% of Pacific Islander respondents said “they are reluctant to go back to in-person work because of potential anti- AAPI hate or discrimination.” The advocates say these findings demonstrate a dire need for increased education and public awareness of racism, and they called on more schools to incorporate ethnic studies into their curricula. “The levels of Asian American children experiencing hate in school is devastatingly high,” Russell Jeung, professor of Asian American studies at San Francisco State University and one of Stop AAPI Hate’s co-founders, said in a statement. “There needs to be an urgent push toward incorporating solutions that promote racial understanding in schools, including through investment in Ethnic Studies.” The advocates also recommend focusing on community-based initiatives and culturally specific civil rights resources to combat racism, rather than law enforcement practices such as over-policing and criminalization, which disproportionately harm communities of color, including AAPI communities. Read the full findings here.--- From:pennyellson12@gmail.com To:Star-Lack, Sylvia; "Stan Ketchum"; Gerhardt, Jodie Cc:"Simitian, Joe"; Council, City; Lait, Jonathan; "Barnes, Andrew"; "Alexander, Katherine"; "Kate Blessing- Kawamura" Subject:525 East Charleston Date:Friday, November 19, 2021 8:41:30 PM Attachments:GMCA-EdenHousing.pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hi Sylvia & Stan & Jodie, Here (attached) is the letter Greenmeadow Community Association sent to: Eden Housing, Supervisor Simitian’s office and Andrew Barnes at SCC, CoPA (including Jonathan Lait and City Council) yesterday. We look forward to hearing what the next steps will be. I hear there have been trips out to the site by Joe Simitian and with PAFD and alternatives are being explored. It would be nice if our city staff would invite neighborhood stakeholders to participate in some of these site walks and discussions to hear first-hand what options are being discussed by SCC, Eden and the city and what assumptions are being made. A neighborhood stakeholder may have thoughts on how to solve problems that might otherwise be barriers to getting to yes with Challenger and Abilities Path. Let’s work together on whatever changes are being contemplated for our shared neighborhood. Thank you. Penny Ellson Virus-free. www.avg.com ..,..REEN MEADOW COMMUNITY ASSOCIATION November 18, 2021 TO: Kate Conley, OJK Architecture & Planning, Principal Kate Blessing-Kawamura, Senior Project Developer, Eden Housing Andrew Barnes, Santa Clara County Senior Housing Planner Johnathan Lait, Palo Alto Planning & Development Services Director Katherine Alexander, Supervisor Simitian Housing Outreach Staff FROM: Greenmeadow Community Association Board of Directors SUBJECT: 525 East Charleston Road Eden Housing Proposed Project Greenmeadow Community Association thanks Eden Housing for reaching out to our neighborhood regarding your plans for the affordable housing project at 525 East Charleston Road. We welcome these new homes and residents to the neighborhood, but we ask you to address potential safety and operation problems of the current ingress/egress plan. Please consider the following improvements to the Project's current circulation plan to minimize adding further turning movements to this very congested and complicated segment of the School Commute Corridor. At the September 27 Palo Alto City Council Study Session, every member of City Council asked staff, the county, and Eden Housing to explore an alternative that would use the existing lane that connects the three county-owned/leased properties. Using the former fire lane for additional Project egress would simplify and improve egress for the Project site. It would also reduce likely safety conflicts on Charleston for Eden residents and workers and all other road users, including local school commuters who walk and bike through this area. This week, Palo Alto City staff informed us that the Palo Alto Fire Department has confirmed that they no longer rely on this lane for fire access. Therefore, it is possible to use the lane to provide a one-way connection from the Project to the Abilities United driveway on Middlefield. This additional egress would give the Eden site's drivers an alternative connection to an easier, safer right tum exit onto Middlefield and a safer signalized left onto Charleston, essentially creating a county-owned city block to improve circulation and safety. This will make egress much easier and safer for Eden residents and workers and for other road users on Charleston, especially at the most congested times of day. Once normal traffic conditions have returned post-Covid, this will be very important. GMCA membership discussed this at a community meeting held on November 17, 2021. A vote was taken to approve the request herein. 36 members voted (each representing one household) and unanimously approved this letter to request Eden Housing's collaboration to work together with our shared neighbors at Challenger School and Abilities Path, the county, and city to create a better circulation plan for Eden's future residents, staff, and the community. Thank you again for your outreach. Sincerely, ~k Ken Knox President, Greenmeadow Community Association, Inc. Cc: Palo Alto City Council, Honorable SCC Supervisor Joe Simitian Email to: Jonathan.Lai t@cityofpaloalto.org kate@ojkarch.com Katherine.alexander@bos.sccgov.org Kate.Blessing-Kawamura@edenhousing.org Andrew.Barnes@hhs.sccgov.org Cc: City.council@cityofpaloalto.org Joe. Simitian@bos.sccgov.org From:David Hoyt To:Council, City; Architectural Review Board; Planning Commission Subject:Support for current Castilleja School plans Date:Friday, November 19, 2021 8:34:29 PM Some people who received this message don't often get email from hoytdavidc@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Members of the ARB, I understand that you will be discussing Castilleja’s many-times-revised project at yourDecember 2nd hearing, and I would like to emphasize my support as a resident of Old Palo Alto for underground parking that maximizes the permitted number of parking spots. Theschool proposed several parking garage options that not only fully comply with what the City code mandates, but that also satisfy neighbors’ concerns of not wanting cars parked on thestreet. Like other Palo Altans, I share the city's concern for preserving trees. Castilleja does too, as evidenced by the fact that the newest parking plans pose zero threat to existing trees. At this point, all parties have expended more than enough time and resources and reached acompromise solution that serves the interests of the city and has my full support as a member of this community. Now, it's time to move forward. Please approve Castilleja’s request again. Thank you for your time and attention. David HoytLowell Avenue, Palo Alto From:Gloria Carlson To:Council, City Subject:Castilleja Date:Friday, November 19, 2021 8:23:51 PM Some people who received this message don't often get email from gloriascarlson@gmail.com.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Council, I am a 40+ year resident of Palo Alto and live right off of Embarcadero Road. I have seen our city grow and prosper through the years and am grateful to live in a vibrant place that features outstanding education, innovation, and culture. While neither I nor my daughter attended Castilleja (we both attended PAUSD schools), I am a strong supporter of single sex education for those families seeking the opportunity. Castilleja is renowned across the country for its outstanding curriculum educating young women to be our future leaders. It’s a well documented fact that business and government need more women leaders, and Palo Alto should be proud of what Castilleja stands for and teaches. For that reason, I ask you to support their updated project, including the underground garage and higher enrollment. As I stated, I live off of Embarcadero, and while traffic has grown through the years, it is absolute hogwash to suggest that Castilleja plays any part in that traffic. Castilleja’s small enrollment -- even when it grows to 540 students -- is a miniscule part of the economic fabric of our city when compared to Stanford, tech start ups, and Paly traffic. The school should be allowed to modernize and grow, to offer more opportunity to girls seeking single sex education -- and the school’s rigorous TDM program, as well as the limitations spelled out in the conditions of approval will prevent any traffic impact. The EIR for which you recommended certification affirms that. Let’s get this project approved and in the process get as many cars as possible below ground in the underground garage. Let’s beautify our streets by preserving greenspace rather than parking cars. Thank you for your continued attention to this project and vote to approve. Sincerely, Gloria Carlson, Santa Ana Street From:Jarlon Tsang To:Planning Commission Cc:Council, City Subject:Casti - Time to Move Forward. Date:Friday, November 19, 2021 8:21:12 PM Some people who received this message don't often get email from jarlon@gmail.com. Learn whythis is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear PTC, You have already reviewed the merits of this project. You have already suggested conditions for approval. You have already recommended this project to the City Council. You have already reflected on what the number 540 means—540 young women who can gain access to an excellent education without adding any more traffic to neighborhood streets. Now, you have an even better plan before you than before. And you have an even more impressive commitment to TDM. As ridership on the Calitain waned to the pandemic, Castilleja introduced a new internal carpool matching system and two new bus routes to the north—all to assure that students still had safe, preferable (and even fun because friends are along) ways to get to school other than in single-occupancy vehicles. The small number of very vocal people who oppose this project have been proved wrong. Castilleja has defied their predictions and HAS ONLY GOTTEN BETTER AT TDM OVER TIME. No other organization in the bay area has been able to cut trips like Castilleja has. And the school is keeping those trips low. You already know the garage will not bring more cars. And now you also know the garage will not harm trees. That leaves you free to choose which garage option is the best compromise. I look forward to a timely re-approval of this project. Thank you, Jarlon Tsang 2323 Webster Street -- Best regards, Jarlon From:Aram James To:Human Relations Commission; Council, City; Jeff Moore; Planning Commission; Perron, Zachary; Tannock, Julie;Binder, Andrew; Figueroa, Eric; Enberg, Nicholas; chuck jagoda; Sajid Khan; Jeff Rosen; Vara Ramakrishnan;Jonsen, Robert; Rebecca Eisenberg; Raj; roberta.ahlquist@sjsu.edu; Joe Simitian; Jay Boyarsky Subject:This sickening story from 2017 speaks for itself! ( a killer cop and a racist) Date:Friday, November 19, 2021 5:43:42 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. https://www.businessinsider.com/white-oklahoma-police-officer-shannon-kepler-convicted-manslaughter-jeremey-lake-2017-10?amp Sent from my iPhone From:Jane Gray To:Council, City Subject:Prop 68 Technical Assistance Program Funding Date:Friday, November 19, 2021 4:17:48 PM Some people who received this message don't often get email from jgray@dudek.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clickingon links. Dear Mayor and Council Members: As Community Leaders, the California Department of Water Resources and Dudek are reaching out to inform you of the California Department of Water Resources’ Proposition 68 Technical Assistance Program and to offer you an opportunity to talk with us about this Program’s applicability to the water needs in many groundwater Basins in Santa Clara County. This Program is focused on assessing the groundwater risks, vulnerability and needs of communities within Critically Over-drafted and other SGMA basins and providing technical support assistance services to eligible Tribes, Tribal Communities and Underrepresented Communities. We have prepared a survey we can provide to you and your staff to rapidly evaluate the potential benefits of the funding program that could be provided to Tribes, Tribal Communities and Underrepresented Communities that fall under the jurisdiction of your County and the GSAs, but also invite you to get in touch with us by calling 805.308.8531, emailing: SGM_TA@water.ca.gov or jgray@dudek.com or visiting https://www.water.ca.gov/sgmgrants. We would very much like to hear from you to talk about a workshop and potential funding. Thank you, Jane Gray (She/Her) Regional Planner/Senior Project Manager II DUDEK ENGINEERING + ENVIRONMENTAL621 Chapala Street, Santa Barbara, California 93101T 805.308.8531 F 805.963.2074 C 805.335.7380 From:SV To:Council, City Subject:Bike Bridge Date:Friday, November 19, 2021 4:14:23 PM Some people who received this message don't often get email from stinsonvalerie37@gmail.com.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Honorable City Council, Special thanks to you, city staff, and the hundreds of community members who supported this project and helped it move forward. So grateful for this new year-round south Palo Alto connection to the bay lands and regional trails. We are looking forward to many adventures which will be so much safer and easier with this new bridge. At last. With rampaging appreciation, Val Stinson Sent from my iPhone From:Maureen Kennedy To:Council, City Subject:Churchill Avenue Railroad Crossing Date:Friday, November 19, 2021 3:36:21 PM Some people who received this message don't often get email frommaureenekennedy@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Palo Alto City Council Palo Alto City Hall Palo Alto, CA Honorable Councilmembers: We urge you to maintain the Churchill Avenue/Caltrain crossing as a viable transportation feature for all modes of transportation - pedestrians, bikes and motor vehicles. This will uphold a key objective of previous and current city-wide planning which is to maintain and enhance transportation connections throughout Palo Alto. Further, it will maintain reasonable access to Palo Alto High School and the District’s activities located on the high school campus, the Southgate neighborhood and El Camino Real. Closure of the Churchill Avenue/Caltrain crossing would directly contradict the key planning objective of maintaining and enhancing transportation connections, also isolate portions of the community and create additional congestion on Oregon Expressway and Embarcadero Road. Embarcadero Road, and the section from Bryant Street to El Camino Real in particular, is already a traffic nightmare. Suggested “mitigation measures” associated with the proposed Churchill Avenue closure would only compound an already terrible traffic situation. The existing Embarcadero/Alma underpass is already functionally substandard and extremely limiting and even dangerous for emergency vehicle passage during busy traffic times. Forcing more traffic onto Oregon Expressway would also compound congestion at the Page Mill/El Camino intersection. The unintended consequences of the proposed “mitigation measures” can not be very well predicted by traffic studies but they will occur. Common sense and observation of human behavior tells us many neighborhoods will be impacted. Either of the remaining alternatives would be much better than closure. The partial or “T” underpass maybe somewhat preferred and more acceptable by the neighborhood over a viaduct alternative although akey function, Old Palo Alto westbound Churchill access to SB or NB Alma or across Alma, would be lost. Unfortunately, a hybrid underpass alternative which has many positive features was dropped early in theXCAP process, apparently because of concerns over limited but probably necessary propertyacquisitions. We would strongly suggest that the Council request staff and the City’s consultants addback a hybrid underpass alternative and carefully reconsider it as a viable option. It may also beappropriate to consider a separate pedestrian – bicycle underpass in the general area which if built priorto work on the Churchill Ave crossing could solve several construction issues that will occur when anywork is done at the Churchill Avenue/Caltrain crossing site. The decisions of the Council regarding Churchill Avenue as well as all the other railroad crossings will affect most of our community for many years. Once a crossing is closed or eliminated it will be almost impossible to reestablish it. By the time these crossings are built most of the motor vehicles will likely be electric, however people will still be using personal vehicles. Please keep as many options available as reasonable so we will be able to maintain our mobility. We are long time residents of Professorville and longer time residents of Palo Alto and have seen manychanges, some good and some not so good. This is an opportunity to aid traffic flow across the variousneighborhoods of our city. Thank you for your careful consideration of our request. David and Maureen Kennedy Kingsley Ave. From:slevy@ccsce.com To:Steve Levy Subject:Bay Area Economic Update Date:Friday, November 19, 2021 2:57:07 PM Attachments:Nov 19, 2021 Economic Update.docx CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Attached is the Bay Area economic update I prepare for the Bay Area Council Economic Institute Highlights are Bay Area job growth accelerated in September and October. At the same time VC funding has reached record levels, housing permits have begun to rebound, the Governor signed several housing bills and the region is a leader in vaccinations and lowering COVID cases. Congress passed an infrastructure bill and international travel restrictions have been eased. The Bay Area still faces challenges in housing, transportation and other areas that affect our economic competitiveness and, in doing so, reduce our ability to meet equity and environmental goals. The highlights: The Bay Area added 178,600 jobs between January and October 2021 (+4.9%) outpacing U.S. gains (3.9%) for this period. The regional unemployment rate fell from 6.6% to 4.4%. Job gains were led by the San Francisco and San Jose metro areas The U.S. economy is recovering even as inflation and supply chain challenges remain and COVID cases are rising again. At the same time immigration and tourism are on pace to increase and some infrastructure spending could start next year. The region is a state and national leader in vaccinations and reducing COVID cases that is allowing a return to more normal living here. The long-term Bay Area economic challenges remain with only slow progress on housing, transportation and economic competitiveness, challenges at the front of the Bay Area Council policy agenda I wish all a happy Thanksgiving week as we prepare to see our family in Ventura. Steve • • • • 1 Bay Area Economic Update and Outlook—November 2021—The Recovery Gains Momentum and More Hopeful News Bay Area job growth accelerated in September and October. At the same time VC funding has reached record levels, housing permits have begun to rebound, the Governor signed several housing bills and the region is a leader in vaccinations and lowering COVID cases. Congress passed an infrastructure bill and international travel restrictions have been eased. The Bay Area still faces challenges in housing, transportation and other areas that affect our economic competitiveness and, in doing so, reduce our ability to meet equity and environmental goals. The highlights: • The Bay Area added 178,600 jobs between January and October 2021 (+4.9%) outpacing U.S. gains (3.9%) for this period. The regional unemployment rate fell from 6.6% to 4.4%. Job gains were led by the San Francisco and San Jose metro areas • The U.S. economy is recovering even as inflation and supply chain challenges remain and COVID cases are rising again. At the same time immigration and tourism are on pace to increase and some infrastructure spending could start next year. • The region is a state and national leader in vaccinations and reducing COVID cases that is allowing a return to more normal living here. • The long-term Bay Area economic challenges remain with only slow progress on housing, transportation and economic competitiveness, challenges at the front of the Bay Area Council policy agenda. Job Growth is Steady but Disappointing Compared to the Nation The Bay Area added 178,600 jobs since January 2021 led by a gain of 73,400 in the San Francisco metro area though SF has recovered just 53.4% of the jobs lost between February and April 2020 as job gains are offset by companies moving jobs out of SF. The San Jose metro area added 55,100 jobs but by October had recovered 66.0% of the jobs lost between February and April 2020. The San Jose, Napa, and San Rafael metro areas had the largest % job recovery by October August 2021. Job growth accelerated in the past two months with gains of 21,100 jobs in October and an upward revised 18,200 jobs in September. There were strong gains in Professional and Business Services as well as a continuing recovery in Leisure and Hospitality. 2 Metro Area Job Trends (Thousands) Metro Area Feb 20 Apr 20 Jan 21 Oct 21 % Recovered Oakland 1,201.1 1,004.9 1,082.6 1,106.8 51.9% San Francisco 1,198.2 1,010.7 1,037.5 1,110.9 53.4% San Jose 1,166.7 1,013.1 1,059.3 1,114.4 66.0% Santa Rosa 211.2 173.6 183.4 196.0 59.6% Napa 74.8 57.3 64.5 69.0 66.9% Vallejo 144.3 122.8 131.4 134.6 54.9% San Rafael 117.1 92.4 104.4 110.0 71.3% Bay Area 4,113.4 3,474.8 3,663.1 3,841.7 57.5% Source: EDD Seasonally adjusted The Bay Area Had Recovered Just 57.5% of Lost Jobs by October 2021 Yet VC Funding is Surging and Tech Jobs Are Above Pre-Pandemic Levels In October 2021 the Bay Area had recovered 57.5% of the jobs lost between February and April 2020 up from 29.4% in January. The state had recovered 67.4% up from 34.0% while the nation had recovered 81.3% of lost jobs up from 55.4%. At the same time VC funding in the first three quarters of 2021 was the highest on record. The Bay Area lagged the nation in 2020 job performance but has outpaced the nation in job growth so far in 2021 (4.9% versus 3.9%). 81.3%67.4% 57.5% 0.0% 20.0% 40.0% 60.0% 80.0% 100.0% U.S.California Bay Area Jobs Recoverd by October 2021 as % of Losses 3 Unemployment Rates Fell to 4.4% in the Region in October 2021 from 6.6% in January 2021. The lowest rates were in the San Rafael metro area (3.4%) followed by the San Francisco and San Jose metro areas (3.8%) in October 2021. Unemployment Rates Metro Area Feb 20 Apr 20 Jan 21 Oct 21 Oakland 3.0% 14.8% 7.3% 5.1% San Francisco 2.2% 12.5% 6.0% 3.8% San Jose 2.6% 12.4% 5.8% 3.8% Santa Rosa 2.8% 15.4% 7.1% 4.3% Napa 3.2% 17.8% 8.8% 4.5% Vallejo 3.9% 15.7% 8.6% 6.1% San Rafael 2.4% 12.1% 5.4% 3.4% Bay Area 2.7% 13.7% 6.6% 4.4% Source: EDD Industries Were Affected Differently The Information sector actually added jobs compared to before the pandemic hit. And the Professional & Business Services sector is also above pre-pandemic job levels. On the other hand, the Leisure and Hospitality sector recovered only 55.0% of lost jobs by October 2021 though travel and tourism are now picking up again. The Government sector has fewer jobs now than in April 2020 though many jobs may be returning as schools and colleges reopen. The Construction and Manufacturing sectors have recovered most of the jobs between February and April 2020. San Francisco Bay Area Jobs Feb 20 April 20 Jan 21 Oct 21 % Of Feb-Apr Loss Construction 215,600 151,900 200,700 210,400 91.8% Manufacturing 365,200 340,400 353,500 363,000 91.1% Wholesale Trade 116,900 105,500 104,900 106,000 4.4% Retail Trade 329,900 258,700 306,100 304,400 64.2% Transp. & Warehousing 111,500 99,100 102,700 105,600 52.4% Information 242,900 239,500 245,600 255,000 455.9% Financial Activities 202,000 191,300 189,900 193,500 20.6% 4 Prof& Bus Serv. 792,300 735,900 750,400 809,700 130.9% Educ & Health Serv. 636,400 563,500 584,600 614,600 70.1% Leisure & Hosp. 440,100 209,200 226,900 336,200 55.0% Government 488,500 470,700 447,800 449,400 -119.7% Total Non-Farm 4,088,10 0 3,467,20 0 3,624,20 0 3,870,00 0 64.9% Source: EDD not seasonally adjusted Housing Permits Up Over 2020 Levels, Trail 2019 Slightly Housing permit levels are up over 2020 in the first nine months of 2021 but still slightly trail 2019 comparable months. But recently many new developments have been approved or proposed in places like Oakland and San Jose and in other cities as well as new developments being proposed. Residential Building Permits thru Sept Alameda 2019 4307 Contra Costa 2019 1934 2020 3156 2020 1648 2021 4194 2021 3033 Marin 2019 191 Napa 2019 150 2020 62 2020 152 2021 179 2021 254 San Francisco 2019 2704 San Mateo 2019 1099 2020 1987 2020 704 2021 2161 2021 1124 Santa Clara 2019 3792 Solano 2019 922 2020 2864 2020 971 2021 3652 2021 1051 Sonoma 2019 2186 Bay Area 2019 17285 2020 1004 2020 12548 2021 1589 2021 17237 % Change 21 vs 20 37.4% 21 vs 19 -0.3% Source: CHF and CIRB 5 Bay Area COVID Stats The top eight counties in terms of vaccination %s (all but Solano) are from the Bay Area with all having more than 75% first doses and six having more than 70% fully vaccinated. The Bay Area has by far the lowest number of new cases per capita and all 9 Bay Area counties are in the 15 counties with the lowest recent per capita cases are in the Bay Area. Large Challenges Remain We have the paradox of continuing reports of headquarters’ relocations outside of the region at the same the region is capturing record VC funding levels and tech jobs are slightly above pre-pandemic levels. Yet, the Bay Area Council warnings about losing our competitiveness remain as housing and mobility challenges are far from solved—the major causes of recent movements of companies and residents. The rebound from pandemic related economic losses will continue but new policies are needed to maintain and improve the long-term competitiveness of the Bay Area economy. There is now increased movement to integrate our many transportation systems and agencies and pursue fare integration in an effort both to improve but to maintain the solvency of our main public transit options. From:nancytuck@aol.com To:Planning Commission Cc:Council, City Subject:Castilleja"s CUP and Master Plan proposal Date:Friday, November 19, 2021 2:32:10 PM Some people who received this message don't often get email from nancytuck@aol.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Planning and Transportation Commissioners, Thank you once again for committing time to review the Castilleja Master Plan. I am a neighbor on Melville Avenue and have actively advocated for the project’s approval for years. I appreciate that you have put a lot of time into reviewing and discussing this project. I am frustrated, however, that complaints or input from my fellow neighbors have stonewalled this project and prevented this nationally ranked girls school from modernizing and upgrading. It is a textbook case of NIMBYism, although I cannot fathom what these residents would really rather have (years of construction of high end homes on this land??). I hope this time around produces swift and positive results. The only silver lining to this year of delay is that there is even more evidence that the Castilleja traffic, parking and noise footprint is BARELY perceptible. I hope that some of you have taken a moment to scout out the neighborhood during drop-off, pick up, or even a water polo game. The school is long overdue for upgrade; the buildings are vintage 1950, and I would guess that the energy consumption and carbon footprint are consistent with that same decade. I am excitedly anticipating the green-energy, efficient traffic flow, and most of all the beautiful facades shown in the architectural rendering. I understand the school is also presenting options for the new underground garage and swimming pool that will further protect trees (appeasing some of my neighbors). I would like to leave you with two key points of feedback regarding planning and transportation: 1. As a neighbor, I will say for the hundredth time that traffic is a nonevent. And the traffic & parking control measures implemented years ago have been effective, enforced and consistent. There are no grounds to subject the school to more stringent car-counting measures than those that are employed at Stanford, or Paly, or Town and Country. Castilleja is a small community, with minimal impacts, despite the outsized complaints from a few of my neighbors. I’m here on Melville without an agenda--other than supporting a school that is being a good neighbor. Please be reasonable. 2. I also would like to add my support for the 69 car underground garage. The Council’s direction to limit the capacity to 52 cars seems arbitrary to me. If the capacity is 69 cars, the school can fulfill the number of spots required by city code AND get more cars off our streets. This addition of 17 cars creates no additional traffic, nor does it affect any trees. This maximized capacity is wiser for all parties involved and should be recommended. Thank you, as always, for listening to constituent and neighbor feedback. I appreciate the time you’ve dedicated to this effort and our city at large. With gratitude, Nancy Tuck - 113 Melville Avenue, Palo Alto View this email in your browser From:D Martell To:Council, City Cc:Shikada, Ed; Stump, Molly; News Subject:$525/mo = COVID TESTING | Fwd: Uplift Local - November 18, 2021 Date:Friday, November 19, 2021 1:52:36 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. The following section titled, "Free Covid Testing Continues", is misleading marketing. Covid test results: $125 = immediate results - 10-15 minutes Free = processed off site - days Workers need weekly testing and immediate results, totaling $525/month. ---------- Forwarded message ----------From: City of Palo Alto <news@cityofpaloalto.org>Date: Thursday, November 18, 2021Subject: Uplift Local - November 18, 2021To: dmpaloalto@gmail.com •CITY OF PALO ALTO CREATE. CONNECT. f.i_cal COMMUNITY. Connecting Together Through Community Recovery Artwork by Lauren Jane Berger November 18, 2021 Connect with your community each week with the following updates on COVID- 19, City services, events and programs, dining and retail opportunities, wellness and family resources, and ways to get or give help through volunteer opportunities. Coronavirus Report Highway 101 Pedestrian/Bike Bridge Grand Opening and Community Event Plan for the Holidays with these Community Events and Activities Upcoming Holiday Closures Weekly City Manager’s Summary Blog: November 15, 2021 As of Nov. 16, the CDC reported a 7-day average of 85,944 new cases. California reported a 7-day average of 4,797 new cases on Nov. 18 and Santa Clara County reported a 7-day average of 172 new cases as of Nov. 17. Looking for more local COVID-19 information? View Santa Clara County's COVID-19 Dashboard. FDA Plans to Approve the Pfizer Booster Shot for All Adults Ahead of the holiday season, the U.S. Food & Drug Administration (FDA) is expected to approve the Pfizer-BioNTech vaccine for all adults. Currently, booster shots of Pfizer-BioNTech and Moderna are available to certain populations. Moderna has also resubmitted their application to the FDA to authorize its COVID booster shot for all adults. Once the FDA approves the booster for all adults, the CDC Advisory Committee on Immunization Practices (ACIP) will discuss the booster’s efficacy • • • • • What's new Coronavirus Report ::::::::============-=--==--=--==-~ ------ and safety at a scheduled meeting on Friday, Nov. 19. Their recommendation will then be sent to the CDC Director who has the final say on whether a recommendation is authorized. This is the typical procedure for vaccine and booster shot approvals. How to Get Vaccinated The Public Health Department strongly recommends everyone 5 years and older get the COVID-19 vaccine. There are still plenty of vaccines for members of the public over 12 years old. Visit sccfreevax.org or talk to your current healthcare provider about scheduling an appointment to get vaccinated. Free COVID Testing Continues Palo Alto Unified School District announced expanded testing efforts at Cubberley Pavilion, taking place every Monday through Friday from 10 a.m. to 6 p.m. No advance registration is required but it is recommended. Curative testing is offered every Tuesday at the Mitchell Park Library parking lot and every Wednesday at City Hall. Schedule an appointment today! Highway 101 Pedestrian/Bike Bridge Grand Opening and Community Event Over a decade in the making, the grand opening of the Highway 101 Pedestrian/Bicycle Bridge is scheduled to take place with a ribbon-cutting ceremony plus a community celebration on Saturday, Nov. 20 at 10 a.m. The new Highway 101 Pedestrian/Bike Bridge will connect the community year- round to amenities like the Baylands Golf Links, Baylands Nature Preserve hiking and biking trails, Byxbee Park, San Francisco Bay Trail, and so much more. The event will begin with a speaker program at 10 a.m. on the Baylands side of the bridge, and ribbons will be cut on both sides of the bridge entrances on East and West Bayshore Roads around 10:15. The community will not be able to cross the bridge for the speaker's program, as the bridge will officially open when the ribbon cutting is concluded. Those attending will need to travel to the Embarcadero Road overcrossing to the bridge entrance on East Community Recovery and City Updates Bayshore Road in order to access the celebrations. If you’re interested in watching the speaker program from the West Bayshore Road bridge entrance, it will be streamed live on the City’s YouTube channel and community members can watch it on their phones. We are encouraging the community to meet up together and ride or walk to the event. They’ll be rewarded with access to an ice cream truck after the program and ribbon cutting! Not sure how to get there? A map with routes to the Embarcadero Road overcrossing is available online, so guests can easily see where to travel to the Baylands side of the bridge to watch the speakers program live. Note that East Bayshore Road will be closed to through traffic from 8 a.m. to noon that morning, from Elwell Court to the Pets In Need location. Staff will be there to provide traffic control. Don’t miss this opportunity to meet up with your neighbors and walk or bike over for a morning of fun, excitement, and celebration of this important community milestone! For more about the Highway 101 Pedestrian/Bike Bridge, go here. For further direction and more details about the grand opening, go here. Plan for the Holidays with these Community Events and Activities As the holiday season begins, there are several ways the community can celebrate together. A new blog shares events and ways for the community to give back and connect through the rest of November, December, and beyond. Highlights mentioned in the blog in more detail include: Holiday Decoration Contest The community is invited to decorate the exterior of your home, a front door/window, or your business in holiday-themed décor for the chance to win prizes! This year’s contest judging will take place Dec. 16 – 20 for three categories: Home, Business, and People’s Choice. Learn more about rules, prizes, and how to sign up to participate by December 15 here. Art Center Studio Holiday Sale If you’re looking for handmade gifts, consider the Art Center Studio Holiday Sale, which showcases unique artworks created by local artists. The sale is open to the public on Saturday, Dec. 4 from 10 a.m. to 4 p.m. Join the Palo Alto Art Center Foundation as a member to gain early access at paacf.org. Tree Lighting Ceremony With Thanksgiving only next week, the City invites you to save the date and join the community for the annual Tree Lighting Ceremony on Dec. 3 from 5:30 p.m. to 7 p.m. You can watch the ceremony and live entertainment in person or via the City’s YouTube channel. If you would like to donate a toy for a local child in need, please bring an unwrapped gift for the toy drive. More details are at www.cityofpaloalto.org/TreeLighting. Learn about these events and more in the Holiday Events Blog here. Upcoming Holiday Closures As a reminder, City Hall, administrative offices, and other City facilities will be closed next Thursday and Friday, Nov. 25 and 26 in observance of Thanksgiving. Public safety services such as patrol, fire, and dispatch will continue to work around the clock during holidays to ensure our community is safe and secure. More information about City holiday closures can be found here. Weekly City Manager’s Summary Blog: November 15, 2021 Each Council meeting, City Manager Ed Shikada provides “City Manager Comments” sharing recent City news, and updates for the community to stay informed on important issues. This blog series summarizes these weekly updates. This week’s updates include a coronavirus report, an invitation to the Highway 101 Pedestrian/Bike Bridge grand opening, a webinar about the horizontal levee pilot project, the latest Climate Action Blog, the Alma/Churchill Safety Improvements meeting, and more! Read the blog here. A Time for Gratitude: While people may reflect on what they are thankful for around the dinner table next week, it might help in the daily workflow to also cultivate gratitude at work. Here are 6 ways to tap into workplace gratitude and Be Well hopefully also tap into our full potential, including that of our co-workers. You can also share your gratitude by contributing to the Mitchell Park Library’s Thankful Tree through Dec. 5. Located right inside the front doors of the library, you can write down what you’re thankful for on a leaf. Place it in the manila envelope and staff will decorate the tree with the community’s ‘thankful leaves.’ Home Remedies: It’s that time of year when many of us come down with something. In addition to the COVID-19 vaccine (and free testing), it’s a good idea to get a flu shot at your doctor’s office or local pharmacy. If you are at home with a confirmed cold or flu, Healthline shares 11 home remedies that can aid in alleviating symptoms. Recipe of Week: This month, Palo Altans are sharing some of their favorite home cooking recipes with their neighbors through the local library’s Thanksgiving Recipe Swap. This week’s local feature comes from Pamela K., sharing her mother’s Chili con Carne recipe. For dessert, Alison D. shares her mother’s pie recipe, “Better Than Libby’s” Libby’s Pumpkin Pie. There’s one week left to swap a recipe for a favorite dinner, side, appetizer, or drink with your community. Thank you to participants who have already shared and swapped recipes! Create Joy, Not Waste Thanks to our friends at Zero Waste, we are sharing weekly tips on how you can better create joy, and not waste, this holiday season. In preparation for Thanksgiving next week, help plan your meal using the “Guest-itmator” to determine how much food you should make. The Save the Food site helps you reduce waste by planning your portions according to the number of guests you’ll have at your dinner table. For more tips on how to shop smart, store food properly, and eat what you’ve purchased visit the City’s Food: Too Good to Waste page. Stay Up Late Tonight: If you can stay up late tonight, Nov. 18, there’s a special treat in store! You can witness a nearly total lunar eclipse, which occurs alongside the Full Beaver Moon between 11 p.m. tonight and 1 a.m. early Family Resources ----~ -~-----=--==--==--==--====~ tomorrow morning. Giving Tuesday: Mark your calendar for Nov. 30 to give back to your community on Giving Tuesday. Give the gift of time, gratitude, or support in your community or organization of choice. Need ideas? Visit VolunteerMatch or read more about the movement. View all upcoming events on the City Calendar Helpful Links and Online Resources: Get help or sign up to volunteer California's Website for COVID-19 - covid19.ca.gov California Department of Public Health Santa Clara County Public Health Department Find a free vaccine clinic near you Find free COVID-19 testing near you Resources for those in need of help and support: Resources for those seeking help Employees working for businesses that are struggling or closed People who are stressed, anxious, or seeking mental support 'See You Soon' Artwork by Lauren Jane Berger, 2021 Palo Alto-based artist Lauren Berger was inspired by the interconnected nature of our community, which has become even more apparent during these strange and historic times. Learn more about 'See You Soon' and Lauren's work. Stay Informed ~---- • ------ • • ------- ·--------- • ------ • ------- • ------. ------------ • ----------- G O O @ Copyright © 2021 City of Palo Alto, All rights reserved. You are receiving this email because you are a subscriber of the All Things Palo Alto weekly newsletter, the Our Palo Alto monthly newsletter, or you subscribed to receive Coronavirus related updates. Our mailing address is: City of Palo Alto 250 Hamilton Ave # 7 Palo Alto, CA 94301-2531 Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. From:Palo Alto Free Press To:Milton, Lesley; Jonsen, Robert; Binder, Andrew; Perron, Zachary Cc:Nguyen, Vinhloc; Ramirez Vargas, Katherine; Stump, Molly; James Aram; Council, City; Shikada, Ed Subject:Photographs of Police Officers at issue in California Public Records Act lawsuit Date:Friday, November 19, 2021 1:48:22 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.________________________________ > Re: Archival photo of Officer Sam Minty (Former PDPD)> You have 10days to respond. Photographs of Police Officers at issue in California Public Records Act lawsuit — Law Office of AbenicioCisneros http://bit.ly/2tszbMR Molly for your reading enjoyment…. I have assembled a legal team waiting in the wings on this one, I will heading it up….. Mark Petersen-Perez editor in chief PaloAltoFreePress Reporting from Nicaragua Sent from my iPad From:Palo Alto Free Press To:Milton, Lesley Cc:Nguyen, Vinhloc; Ramirez Vargas, Katherine; Stump, Molly; James Aram; Council, City; Shikada, Ed Subject:Re: Palo Alto Records Request Date:Friday, November 19, 2021 1:19:28 PM CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. Hello all, Whats the status on this request? Thank you Mark Petersen-Perez Editor in chief PaloAltoFreePress Reporting from Nicaragua. Molly if the request is being denied then as you know California public record act laws requires you tostate the reasons why. And I’m going to hold you to every letter of the law. Mark Petersen-Perez Editor in chief PaloAltoFreePress reporting from Nicaragua Sent from my iPad On Nov 11, 2021, at 4:35 AM, Palo Alto Free Press <paloaltofreepress@gmail.com> wrote: Thank you so much….Was not sure if the city of palo alto was again blocking myemails…..They have done so in the past….. Let me forward the request to you in a separate email…. But, for your information you needto consider the timeline constraints on this…..I’m not cutting any slack….on when youreceived my initial request…..admittedly, ‘i’m an expert in the law(s) Don’t let that bother you, please or make any of you nervous…. Just do your job and incompliance with everything published….. All the best, Mark Petersen-Perez, Reporting from Nicaragua Editor in Chief… Sent from my iPad On Nov 10, 2021, at 2:21 PM, Milton, Lesley<Lesley.Milton@cityofpaloalto.org> wrote: Good morning Mr. Perez, I was just made aware of your call to the City about a Public Records Act Request. I unfortunately do not have a record of your request, somehow it never was routed to my office. Can you please either send me an email with your request? Alternately you can go online to our website and add your request at any time to our record request system - which is the fastest way to get your request fulfilled. Here is the link: https://paloaltoca.mycusthelp.com/webapp/_rs/(S(fid4jscepydubw4eosfwc51t))/supporthome.aspx Please let me know how I can help. Best, Lesley <!--[if !vml]--> <image002.png> <!--[endif]-->Lesley Milton City Clerk (650)329-2379 | Lesley.Milton@cityofpaloalto.org www.cityofpaloalto.org <image003.png> <image005.png> <image006.jpg> <image008.jpg> <image010.png> From:Srdjan Petrovic To:Council, City Subject:Adobe Creek & Pedestrian Bridge Date:Friday, November 19, 2021 12:43:08 PM Some people who received this message don't often get email from spetrovic@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Thank you so much for making this happen: this opens up the entire Baylands to our city year-round and much more safely. I'm super excited. -Srdjan Petrovic 4014 Ben Lomond Dr From:pennyellson12@gmail.com To:Council, City Subject:Thank you. Date:Friday, November 19, 2021 12:32:52 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Honorable City Council, I am writing to publicly thank you, city staff, and the hundreds of community members who supported this project and helped it move forward. I’m not sure I can make it to the upcoming ribbon-cutting because I have a family engagement at that time, but I want to express my gratitude for this new year-round south Palo Alto connection to the bay lands and regional trails. I am looking forward to many foot-powered adventures bird-watching, hiking, and safely bicycle commuting off-road to nearby communities which will be so much safer and easier with this new bridge. I wrote my first letter in support of VTA BPAC funding for this project almost 20 years ago at the encouragement of Richard Swent. It has been a long-time coming…but at last we have the bridge we so badly need. Thank you! Thank you! Thank you! Gratefully, Penny Ellson Virus-free. www.avg.com From:Palo Alto Free Press To:Aram James Cc:Jonsen, Robert; city.council@menlopark.org; Human Relations Commission; Binder, Andrew; Kevin Nious; Amanda del Castillo; Gennady Sheyner; Bill Johnson; mark weiss; cromero@cityofepa.org; EPA Today; Roberta Ahlquist; rabrica@cityofepa.org; Planning Commission; ParkRec Commission; robert.parham@cityofpaloalto.org; Figueroa, Eric; michael.gennaco@oirgroup.com; Binder, Andrew; ParkRec Commission; Stump, Molly; Council, City; darylsavage@gmail.com Subject:Re: The FBI has a long history of targeting Black Activists —the HRC should study the history of hate crimesperpetrated by the FBI-against African Americans- instead of the HRC bringing the FBI into Palo Alto to lecturecommunity members on hate crimes Date:Friday, November 19, 2021 11:23:21 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Racism begets Racism…. As I have stated Racism is a genetic defect which permeates the very DNA of the leadership of City of Palo Alto. “The KKK Comes to Palo Alto” http://www.paloaltohistory.org/kkk-in-palo-alto.php sincethe 1920’s.. Nothing has changed…..sectioned, fostered, promoted, advocated by the HRC past and present…. Defended by City Attorney Molly Stump and her entire staff…..past and present. In fact, her actions of neglect and malfeasance are ALL actionable and ripe for disbarmentunder “Moral turpitude” California State Bar. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml? sectionNum=6106.&lawCode=BPC Mark Petersen-Perez editor in chief PaloAltoFreePress Reporting from Nicaragua Sent from my iPad On Nov 19, 2021, at 12:30 PM, Aram James <abjpd1@gmail.com> wrote: FYI: Nov, 19, 2019 The Palo Alto HRC proposes to (at last night’s HRC meeting) have local FBI agents lecture community members on hate crimes. The FBI has a long and vile history of hate crimes against blackcitizens and black activist groups dating back to the inception of the FBI. The FBI continues to this day in its efforts to disrupt the BLMmovement and other black liberation struggles. The HRC should NOT bring the FBI to town to lecture community members on hatecrimes until the FBI pays reparations for its past crimes against African Americans and African American activist organizations. I personally oppose the Palo Alto Human Relations Commissionproposal to have FBI members lecture members of our community on hate crimes until the FBI publicly admits its own hate crimes andpays appropriate reparations for these crimes. Please join me in asking the Palo Alto HRC NOT to bring the FBI into our town at this time. **** ( See the Guardian’s article below re the history of FBI attackson African Americans and African American Activists groups by former FBI agent Mike German circa 2020) Aram James https://amp.theguardian.com/commentisfree/2020/jun/26/fbi-black- activism-protests-history Sent from my iPhone From:Aram James To:Kaloma Smith; Human Relations Commission; Council, City; Jeff Moore; Sajid Khan; Jeff Rosen; Jay Boyarsky;darylsavage@gmail.com; paloaltofreepress@gmail.com; Planning Commission; Joe Simitian; Binder, Andrew;Reifschneider, James; Winter Dellenbach; Tannock, Julie; Jonsen, Robert; Raj; chuck jagoda;roberta.ahlquist@sjsu.edu; rebecca; Enberg, Nicholas; cindy.chavez@bos.sccgov.org; Cecilia Taylor; Perron,Zachary; Greer Stone; Shikada, Ed; Tony Dixon Subject:The FBI has a long history of targeting Black Activists —the HRC should study the history of hate crimes perpetrated by the FBI-against African Americans- instead of the HRC bringing the FBI into Palo Alto to lecturecommunity members on hate crimes Date:Friday, November 19, 2021 10:13:22 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Nov, 19, 2019 The Palo Alto HRC proposes to (at last night’s HRC meeting) have local FBI agents lecture community members on hate crimes. The FBI has a long and vile history of hate crimes against black citizens and black activist groups dating back to the inception of the FBI. The FBI continues to this day in its efforts to disrupt the BLM movement and other black liberation struggles. The HRC should NOT bring the FBI to town to lecture community members on hate crimes until the FBI pays reparations for its past crimes against African Americans and African American activist organizations. I personally oppose the Palo Alto Human Relations Commission proposal to have FBI members lecture members of our community on hate crimes until the FBI publicly admits its own hate crimes and pays appropriate reparations for these crimes. Please join me in asking the Palo Alto HRC NOT to bring the FBI into our town at this time. **** ( See the Guardian’s article below re the history of FBI attacks on African Americans and African American Activists groups by former FBI agent Mike German circa 2020) Aram James https://amp.theguardian.com/commentisfree/2020/jun/26/fbi-black-activism-protests-history Sent from my iPhone From:Aram James To:Van Der Zwaag, Minka Cc:Human Relations Commission; Council, City; Shikada, Ed; Greer Stone; Tanaka, Greg Subject:Re: Mary is wonderful Date:Friday, November 19, 2021 10:03:43 AM Hi Minka, Not a problem. Mary has always shown me and others the highest level of respect. She will be missed. Minka youalso have a long history of running the HRC with respect for all. The city of Palo Alto and the entire community have been extraordinarily well served by both you and Mary. Have arelaxed enjoyable weekend. Best regards, Aram > On Nov 19, 2021, at 8:57 AM, Van Der Zwaag, Minka <Minka.VanDerZwaag@cityofpaloalto.org> wrote:>> Thanks for sending this to Mary, I appreciate it. She prides herself on her good customer service.>>>> Minka van der Zwaag> Manager, Office of Human Services>> 4000 Middlefield Rd. T2 | Palo Alto, CA 94303>> 650-463-4953 | minka.vanderzwaag@cityofpaloalto.org>>> Please think of the environment before printing this email – Thank you>>>>>> -----Original Message-----> From: Aram James <abjpd1@gmail.com>> Sent: Thursday, November 18, 2021 8:55 PM> To: Constantino, Mary <Mary.Constantino@CityofPaloAlto.org>> Subject: Re: Mary is wonderful>> Hi Mary,>> No you are the one to be thanked for treating everyone that you worked with over the years -the top brass to themost vulnerable among us…..equally and with dignity and respect. Enjoy every minute of your well deservedretirement.>> Best regards & And good fortunate,>> Aram>> >> On Nov 18, 2021, at 8:28 PM, Constantino, Mary <Mary.Constantino@cityofpaloalto.org> wrote: >> >> Thank you Aram. I appreciate your kind words. Mary>>>>>>>> Mary Constantino | Program Assistant II | Office of Human Services>>>> Cubberley Community Center | 4000 Middlefield Road, T2 | Palo Alto, CA 94303>>>> D: 650.463.4906 | E: mary.constantino@CityOfPaloAlto.org>>>>>>>> Please think of the environment before printing this email – Thank you!>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> -----Original Message----->> From: Aram James <abjpd1@gmail.com>>> Sent: Thursday, November 18, 2021 7:16 PM>> To: Human Relations Commission <hrc@cityofpaloalto.org>; Kaloma Smith <pastor@universityamez.com>>> Cc: Constantino, Mary <Mary.Constantino@CityofPaloAlto.org>; Van Der Zwaag, Minka<Minka.VanDerZwaag@CityofPaloAlto.org>>> Subject: Mary is wonderful>>>> CAUTION: This email originated from outside of the organization. Be cautious of opening attachments andclicking on links.>> ________________________________>>>> Hi Pastor Smith,>> I went to trial on a case where my client was undergoing a sex change …. a cop tried to frame her. Verdict: NoGuilty. I’m happy to share this experience with you you or the HRC. And I too thank the HRC for all you do.>> Aram>>>> P.S. Mary I will miss u much. You have always treated me with respect and dignity. You have helped me so somany times.>>>> Sent from my iPhone It's our biggest Adopt a Wild Animal sale of the year — and it's only here for a limited time. 20% OFF + FREE SHIPPING WITH CODE HOLIDAY20 From:Sierra Club To:Council, City Subject:It"s here Date:Friday, November 19, 2021 4:43:54 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ~ l'i. S.IER.RA . AD10PT A w CLUB WILDANIIMAL . . This year choose meaningful gifts that give back and build a better world for all of us. Select from armadillos to walruses and send hugs to loved ones near or far to show how much you care about them and our planet. Soft and cuddly, Adopt a Wild Animals support the Sierra Club's work protecting wildlife and wild places, keeping our air and water free from pollution, and advancing bold climate action to create a healthy and equitable future for all. ADOPT TODAY Adopt a Humpback Whale Today! ( ) Adopt a Lynx Today! As a special thank you when you symbolically adopt a wild animal, we'll include a 16-page full-color 8x10" booklet, which includes information about the animal, an adoption certificate, fun animal facts, a sticker sheet, and a map of American wildlife. ADOPT TODAY( ] -------- 20% off and free shipping on Adopt a Wild Animals only. Use code HOLIDAY20. Breaching Whale photo by Thomas Kelley on unsplash; Lynx photo by David Selbert from pexels; Whale photo by Elainne Dipp from pexels This email was sent to: city.council@cityofpaloalto.org This email was sent by the Sierra Club 2101 Webster St., Suite 1300, Oakland, CA 94612 Manage Preferences | Unsubscribe | View as Web Page From:marcela millan To:Council, City; Architectural Review Board; Planning Commission Subject:Castilleja Date:Friday, November 19, 2021 1:28:42 AM Some people who received this message don't often get email from marmillan@yahoo.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear PTC, It’s clear that Castilleja’s Traffic Demand Management program (TDM) will be vital to their mitigating traffic once their enrollment grows. I just wanted to write to express a few points about their successful, and ever expanding TDM program. 1. As has been well documented, the school has been very successful executing TDM results to date, reducing traffic by ~ 30% in the neighborhood. 2. It can not be said enough times: the school will not be able to increase their enrollment if traffic increases. It seems that this requirement is not discussed enough. Opponents who worry about growth or “expansion” must remember that the school will not be able to grow unless they manage the car trips. 3. To illustrate the school’s agility and investment in TDM, they added new bus routes to school during the pandemic since families were uncomfortable putting students on trains. The goal of all of these shared rides is the same: keep cars and traffic from the neighborhood. Companies and other organizations in Palo Alto should all be instituting TDM measures, and Castilleja is proving to be a strong test case for successful mitigation. Going forward, it sounds like Castilleja will further expand their rideshare options, and I hope other businesses do the same. I appreciate your service, thank you. Marcela Millan 1094 Forest AvenuePalo Alto, CA 94301 From:Aram James To:Constantino, Mary Subject:Re: Mary is wonderful Date:Thursday, November 18, 2021 8:55:03 PM Hi Mary, No you are the one to be thanked for treating everyone that you worked with over the years -the top brass to the most vulnerable among us…..equally and with dignity and respect. Enjoy every minute of your well deserved retirement. Best regards & And good fortunate, Aram > On Nov 18, 2021, at 8:28 PM, Constantino, Mary <Mary.Constantino@cityofpaloalto.org> wrote: > > Thank you Aram. I appreciate your kind words. Mary > > > > Mary Constantino | Program Assistant II | Office of Human Services > > Cubberley Community Center | 4000 Middlefield Road, T2 | Palo Alto, CA 94303 > > D: 650.463.4906 | E: mary.constantino@CityOfPaloAlto.org > > > > Please think of the environment before printing this email – Thank you! > > > > > > > > > > > > > > > > > > -----Original Message----- > From: Aram James <abjpd1@gmail.com> > Sent: Thursday, November 18, 2021 7:16 PM > To: Human Relations Commission <hrc@cityofpaloalto.org>; Kaloma Smith <pastor@universityamez.com> > Cc: Constantino, Mary <Mary.Constantino@CityofPaloAlto.org>; Van Der Zwaag, Minka <Minka.VanDerZwaag@CityofPaloAlto.org> > Subject: Mary is wonderful > > CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.> ________________________________>> Hi Pastor Smith,> I went to trial on a case where my client was undergoing a sex change …. a cop tried to frame her. Verdict: NoGuilty. I’m happy to share this experience with you you or the HRC. And I too thank the HRC for all you do.> Aram>> P.S. Mary I will miss u much. You have always treated me with respect and dignity. You have helped me so somany times.>> Sent from my iPhone From:Heidi Hopper To:Planning Commission Cc:Council, City Subject:Castilleja project Date:Thursday, November 18, 2021 7:56:03 PM Some people who received this message don't often get email from hhopper@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear PTC - I’d like to express my strong support for Castilleja’s updated design with different options to review. In particular, I want to comment on the lengths the school has gone to protect more trees and be flexible and open to feedback. They have offered you five options for the garage that all improves the neighborhood and protects trees. Which option will you recommend to the City Council? Castilleja has been very responsive and thoughtful about the city staff’s, the Council’s, and neighbors’ concerns for over almost ten years now, correct? We have all watched the project evolve. Changes have been made to the massing of the buildings, the patterns for pick up and drop off, the materials on the facades, the pool location, the parking garage exit and size to protect homes and trees. The school has taken feedback from all sides and made dozens of changes. They have listened. The latest proposal further protects both tree 89 and tree 155, preserving existing trees while still adding 100 new trees to the canopy. It also shows an array of choices for the garage that all preserve trees. The school is doing everything possible to integrate feedback and move toward a positive future for the neighborhood, the city, and girls who want a single sex education. Please review these improvements and select the one you believe is best. This process has gone on too long, and you can help our community move forward. Sincerely, Heidi Hopper Palo Alto Resident From:Jeanne FlemingTo:Sauls, Garrett Cc:Council, City; Planning Commission; Architectural Review Board; Clerk, City; "Tina Chow"; todd@toddcollins.org; wross@lawross.com; Atkinson, Rebecca Subject:RE: How many cell towers are there in Palo Alto?Date:Thursday, November 18, 2021 6:19:53 PM Attachments:image001.pngimage002.pngimage004.pngimage005.pngimage006.pngimage008.pngimage009.png Hi Garrett, Thank you for your email of last week. I look forward to your final tally of how many small cell nodes, and how many macro towers, have already been installed—or are approved andpending installation—in Palo Alto. One observation: You say in your email that you went back as far as 2015 to count small cell node cell towers. Please be aware that smallcells were installed here earlier than 2015. For example, 75 small cells were approved in 2013. So that alone would take the tally up to: 128 Existing small cell node cell towers 60-70 Existing macro towers I appreciate your help, and, again, I look forward to your final tally. Regards, Jeanne Jeanne Fleming, PhDJFleming@Metricus.net650-325-5151 From: Sauls, Garrett <Garrett.Sauls@CityofPaloAlto.org> Sent: Wednesday, November 10, 2021 2:36 PM To: Jeanne Fleming <jfleming@metricus.net> Cc: City Mgr <CityMgr@cityofpaloalto.org>; Lait, Jonathan <Jonathan.Lait@CityofPaloAlto.org> Subject: RE: How many cell towers are there in Palo Alto? Hi Jeanne, I’m not sure why this email didn’t come to my inbox, spam, or junk folder but this was shared with me from Rebecca. I was able to take a preliminary look at the last 20 years of permits that we have received for WCF applications. Overall, there appear to be between 60-70 macro sites and 43 small/micro sites within the City. All of the small/micro sites have been approved since 2015 which are easier to confirm a specific number. This includes Crown Castle’s 19 sites in the Downtown, Verizon Cluster 1’s 11 sites, AT&T Cluster 1’s 10 sites, and Verizon Cluster 4’s three sites. Given the volume of applications for macro sites, I was only able to scan our records but I wanted to get back to you with a rough idea at least before the holiday and my 9/80 day on Friday. I am aware of a couple of sites that have been decommissioned or not approved in the last 20 years so its likely that number will change but I don’t have an accurate assessment right now. I’ll try to get a clearer picture by the end of next week but its probably going to take a whole day to sort through the data outside of the other staff reports I need to get done between then and now. Let me know if you have any questions. Best regards, Garrett Sauls Associate Planner Planning and Development Services Department (650) 329-2471 | Garrett.Sauls@CityofPaloAlto.org NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Forms & Handouts | Planning Applications Mapped From: Jeanne Fleming <jfleming@metricus.net> Sent: Friday, November 5, 2021 4:10 PM To: Atkinson, Rebecca <Rebecca.Atkinson@CityofPaloAlto.org> Cc: Council, City <city.council@cityofpaloalto.org>; Planning Commission <Planning.Commission@cityofpaloalto.org>; Architectural Review Board <arb@cityofpaloalto.org>; 'Tina Chow' <chow_tina@yahoo.com>; 'Todd Collins' <todd@toddcollins.org>; 'William Ross' <wross@lawross.com>; Clerk, City <city.clerk@cityofpaloalto.org>; AhSing, Sheldon <Sheldon.AhSing@CityofPaloAlto.org>; Sauls, Garrett <Garrett.Sauls@CityofPaloAlto.org> CITY OF PALO ALTO 11 CJ (j m • Subject: FW: How many cell towers are there in Palo Alto? CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Hi Rebecca, Thank you for the heads up to Tina, Todd, Bill and me regarding the “study session” on November 15th, and for letting us know that you areonce more the person at City Hall we should contact first if we need cell tower information. On the latter point, I would appreciate it if you would answer the questions I asked your colleague Garrett Sauls two weeks ago, namely: 1) howmany macro towers have been installed or are pending installation in Palo Alto, and 2) how many small cell node cell towers have beeninstalled or are pending installation here. (My email to Garrett is appended below.) Thanks and best, Jeanne Jeanne Fleming, PhDJFleming@Metricus.net650-325-5151 From: Jeanne Fleming <jfleming@metricus.net> Sent: Friday, October 22, 2021 3:21 PM To: 'Sauls, Garrett' <Garrett.Sauls@CityofPaloAlto.org> Cc: city.council@cityofpaloalto.org; Planning.Commission@CityofPaloAlto.org; 'Architectural Review Board' <arb@cityofpaloalto.org>; 'Tina Chow' <chow_tina@yahoo.com>; 'Todd Collins' <todd@toddcollins.org>; 'William Ross' <wross@lawross.com>; 'Clerk, City' <city.clerk@cityofpaloalto.org> Subject: How many cell towers are there in Palo Alto? Hi Garrett, I would appreciate it if you would tell me: 1) how many macro towers have been installed or are pending installation in Palo Alto, and 2) howmany small cell node cell towers have been installed or are pending installation here. Thank you for your help. Please let me know if you have any questions. Regards, Jeanne Jeanne Fleming, PhDJFleming@Metricus.net650-325-5151 From:Teresa Zepeda Kelleher To:Planning Commission Cc:Council, City Subject:Castilleja project Date:Thursday, November 18, 2021 5:05:17 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear PTC Members, I’m writing to ask you to approve the Castilleja project for the second and last time and express my fervent support for allowing the school to revitalize its campus. I appreciate your support for the project last year, and your continued attention to the school’s proposal. Let’s move TREES Yes, we care deeply about them. We take great pride in our city’s beautiful trees and appropriately protect them. Castilleja has found a way to both protect trees AND carefully move ahead with necessary updates. Throughout Castilleja’s many project revisions, I particularly appreciate the efforts they’ve made to protect their campus’ trees and add abundantly to our canopy. The new Master Plan adds over 100 new trees to the campus. PARKING OPTIONS Now, you have their revised proposal in front of you which further protects trees. First, they have recommended an underground parking garage which serves the important purpose of removing cars from the neighborhood streets while NOT harming trees. Please support any of these FIVE excellent solutions. Weigh the pros and cons, think of the constituents involved, and select one underground parking plan that will serve the city and the citizens and the school. By recommending approval of their project, you can help the school educate more students, while at the same time adding no additional traffic, improving the neighborhood aesthetic with a modernized campus and underground garage, and protecting trees and adding to our canopy. Sincerely, Teresa Kelleher 512 Coleridge Avenue From:Ashmeet Sidana To:Council, City; Architectural Review Board; Planning Commission Cc:Yuko Watanabe (yknabe@hotmail.com) Subject:Castilleja project Date:Thursday, November 18, 2021 4:52:57 PM [Some people who received this message don't often get email from sidana@engineeringcapital.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clickingon links.________________________________ Dear PTC: I am writing to support Castilleja's project and request you to approve it expeditiously. It is my understanding that in 2020 there was good discussion about the EIR and Conditions of Approval including: * The final EIR confirmed Castilleja project had no negative impacts which could not be mitigated.* The school can have no new car trips; if they do, they will not be allowed to increase enrollment.* The garage will bring no new car trips; it simply makes the neighborhood more beautiful by moving carsbelow ground and preserving greenspace.* The garage will improve traffic patters in the neighborhood. Drop off and pick up will be distributed aroundcampus, and the garage will create a distribution such that traffic will improve for everyone. This project was approved before, and it should be approved again. Let's keep Palo Alto on the cutting edge ofeducation! Sincerely, Yuko Watanabe and Ashmeet Sidana2130 Byron Street, Palo Alto From:Annette Glanckopf To:Council, City; City Mgr Subject:Web site re Volunteers Date:Thursday, November 18, 2021 3:41:40 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. At the last Policy and Services meeting, an action item was to develop an online "Volunteer Portal" for volunteer opportunities in Palo Alto. PAN (Palo Alto Neighborhoods) has developed one. See aVOLUNTEER | Palo Alto Neighborhoods (paneighborhoods.org) As a companion piece, we also developed a "Welcome New Resident" portal. See aNEW RESIDENT | Palo Alto Neighborhoods (paneighborhoods.org) This includes facts that new residents frequently ask about and need to know. It would be great if the city website could link to these PAN sites and share in your outgoing city news. PAN would be happy to get your feedback on suggestions especially what is missing. Annette Glanckopf From:Tina Kuan To:Council, City; Architectural Review Board; Planning Commission Subject:Castilleja project input and feedback Date:Thursday, November 18, 2021 2:25:35 PM Some people who received this message don't often get email from tinakuan@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Planning and Transportation Commissioners, Thank you for your service regarding the Castilleja project. It is a surprisingly contentious issue considering that both sides of this debate want the same thing, fewer cars in the neighborhood. Castilleja has done that in two ways: 1. By reducing daily trips to campus by 25–31% 2. By submitting plans to move street parking below ground. As far as reducing trips, the school will continue to do this after the CUP is approved because in order to enroll more students, daily trips cannot rise above current levels. The good work the school has done on TDM will only become more comprehensive. And as far as moving street parking below ground, you have five options before you. All of them move parking off neighborhood streets. All of them shift part of the drop off and pick up below ground. All of them reduce the overall size from the original proposal. All of them preserve trees. You can’t go wrong. Just select a plan and make a recommendation to City Council. It is well beyond time for this excellent project to be approved. Respectfully, Tina Kuan2351 Emerson Street From:craig gerber To:Council, City; Cormack, Alison; Burt, Patrick; Tanaka, Greg; Stone, Greer; Kou, Lydia; Filseth, Eric (Internal);DuBois, Tom; City Mgr; mh11281@comcast.net Subject:Fwd: Civic/Resident Concern: Construction outside of construction hours 12/4/21 Date:Thursday, November 18, 2021 1:06:08 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. City Council I am writing in support of one of my neighbors who has expressed concern about the notice of work on the current sherman project to take place from 12pm to 8am on sat dec 4. This is another instance of residents on birch st. being subjected to early morning work whichhas been occurring during the five plus years of construction taking place on sherman ave. The city is clearly more concerned about work on the projects being completed regardless of theharms this causes residents living close to these projects. The residents subjected to these chronic nuisances are not being given the same protections that other residents are affordedunder the cities municipal code regarding discrimination and the protection of our civil and human rights. greg kerber ---------- Forwarded message ---------From: M H <mh11281@gmail.com> Date: Tue, Nov 2, 2021 at 4:51 PMSubject: Civic/Resident Concern: Construction outside of construction hours 12/4/21 To: <City.Council@cityofpaloalto.org>Cc: <greg.tanaka@cityofpaloalto.org>, <consumerwatch@cbs5.com>, <KTVU2Investigates@fox.com>, <letters@paweekly.com>, <news@padailypost.com>,<richard.simms@cityofpaloalto.org>, <ed.shikada@cityofpaloalto.org>, <local@bayareanewsgroup.com>, <metrodesk@sfchronicle.com>, craig gerber<readinggwk@gmail.com> Hello, I received the November 2021 Palo Alto Public Safety Building Project Update email whichestablishes that there is after hours construction (midnight to 8pm) slated for Saturday 12/4 pending city approval PLEASE do not approve this or any other off hour requests. As a resident living directlyacross the construction site and new garage, I’m disgusted with how the city turns a blind eye to any violations or easily approves permits to work after hours without fully considering howthis impacts tax paying residents of Palo Alto. I mean really, how on earth is this a good idea for those of us residents, many who have returned to the offices, leaving only Saturday and a Sunday to recover and enjoy life at home? On that note, please ban Saturday construction all together. It impedes the quality of life for those near by, something nobody in the council or City Hall itself understands. The City truly fails to understand the impact of construction on its residents. I recentlysubmitted a restitution claim for past, present and future cleaning services (car/window/interior) due to the amount of debris the construction causes (ongoing mini duststorms and bad air to breath that seeps into our residence) and was denied. Disappointed to see this is now being considered. Do Not Allow This! I’ve also attached Bay Area affiliates to this email. Best, Mark From:Aram James To:robert.parham@cityofpaloalto.org; Jonsen, Robert; Binder, Andrew; Human Relations Commission; Tannock,Julie; nick.enberg@cityofpoalto.org; Planning Commission; chuck jagoda; Jeff Moore; Winter Dellenbach; Perron,Zachary; Reifschneider, James; Figueroa, Eric; Joe Simitian; Sajid Khan; Jeff Rosen; Jay Boyarsky; Tony Dixon;Council, City Subject:Another piece in why Tasers should be banned by attorneys Richard Konda and Aram James Date:Thursday, November 18, 2021 12:19:39 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. https://siliconvalleydebug.org/stories/stop-tasers-from-being-introduced-to-our-jails Shared via the Google app Sent from my iPhone From:Allan Seid To:Channing House Bulletin Board Subject:Fwd: Reports of anti-Asian hate top 10,000 – AsAmNews Date:Thursday, November 18, 2021 9:41:12 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Neighbors and Friends, Let us keep up the battle to eliminate Ant-Asian Hate Crimes. ! Keep the faith and hope alive. Allan From: Allan Seid <allanseid734@gmail.com> Date: Thu, Nov 18, 2021 at 9:23 AMSubject: Reports of anti-Asian hate top 10,000 – AsAmNew https://asamnews.com/2021/11/18/report-looks-at-the-top-solutions-and-reveals-those-with-high-school-education-are-2x-as-likely-to-be-victims-than-those-with- some-college-education/ Reports of anti-Asian hate top 10,000 November 18, 2021 Photo by Fei Lei, AsAmNews A new study just released by Stop AAPI Hate reveals that reports of hate from Asian Americans and Pacific Islanders have now reached 10,370. The period covered begins with the start of the pandemic from March 19, 2020 to September 30, 2021. A survey released in conjunction with the report found Asian Americans with a high school education are experiencing hate at twice the rate of those with at least some college. 41 out of 100 of those who halted their education after high school report being victims of anti-Asian hate versus 20% of those who entered college and 13% of those with a BA or higher degree. “It’s tragic but not surprising that Asian Americans with lower education levels are experiencing more hate,” said Cynthia Choi, co- founder of Stop AAPI Hate and co-executive director of Chinese for Affirmative Action. “Anti-Asian hate is tied to systemic racism against our community. Stopping hate is not about quick fixes like law enforcement but about deeper investment in our communities.” Equally troubling for Asian American parents, 30% report their children have experienced anti-Asian hate in school. 31% of Pacific Islander parents report the same thing about their kids. “The levels of Asian American children experiencing hate in school is devastatingly high,” said Russell Jeung, Ph.D., co-founder of Stop AAPI Hate and professor of Asian American Studies at San Francisco State University. “There needs to be an urgent push toward incorporating solutions that promote racial understanding in schools, including through investment in Ethnic Studies.” However, the concern is not limited to just children. Adults report being worried about going back to work due to the backlash facing many Asian Americans. 31% of Asian Americans and 26.4% of Pacific Islanders say they’ve experienced a hate incident at work during the past year. 23.5% of Asian Americans and 21.7% of Pacific Islanders say they fear going back to work because of potential hate or discrimination. “When it comes to stopping anti-Asian hate, our elected leaders should be responsive to the Asian American community,” Manjusha Kulkarni, co-founder of Stop AAPI Hate and executive director of Asian Pacific Policy and Planning Council. “Locally and nationally, they must make real investments in civil rights, community resources, and education.” Stop AAPI Hate graphic AsAmNews has done numerous reports on efforts to further education about Asian Americans in the schools. More education and public awareness is cited as the number one solution by 52.8% for AAs and 57.5% for PIs. Community-based solutions and civil rights rank 2nd and 3rd ahead Most Effective Solutions in Addressing Anti-AAPI Hate Educabon Community-based solutions CIVIi ngllls leg,slatJon and enrorcemenl More law enforcement More leaders speaking out against anti-MPI hale or discrirrinatioo More ways to report ant1-AAPI hate or d1scnm1nabon Solidarity wrth other ethnic and raaal groups More MPls ,n CMC and business leaderst,p roles 0% •Asian AmerK:ans 10% 20% Pacific Islanders 30% 40% 50% 60% 52.8% 57.5% 49 % 57.5% 460% 40.0% 30.1% of more law enforcement. AsAmNews has Asian America in its heart. We’re an all-volunteer effort of dedicated staff and interns. Check out our new Instagram account. Go to our Twitter feed and Facebook page for more content. Please consider interning, joining our staff, or submitting a story, or making a contribution. From:Palo Alto Renters To:Oyama, Ryan; Council, City Subject:Permit for 4180/4190 Byron Date:Thursday, November 18, 2021 8:37:04 AM Some people who received this message don't often get email from paloaltorenters@gmail.com.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hi Ryan, It looks like the new owner is using this minor renovation to kick out 10 tenants at theproperty. Several have left in advance of an eviction notice because they received a voluntary notice to vacate - but some tenants remain in the building and are anticipating eviction noticesin the coming days. The original notice to voluntarily vacate stipulated that the Tenant Relocation Assistance provided would be based on the cooperation of tenants. Can you tell usif these permits are going to be approved within the week so that the tenants know how quickly they need to vacate? I'm also cc'ing City Council because these tenants would havebeen protected if the Council had passed an Urgency Ordinance on Monday night. Thanks so much, Palo Alto Renters' Association -- Palo Alto Renters Association *All Emails monitored by Steering Committee Members* Facebook.com/RentersofPA twitter.com/RentersofPAAnd the web: https://bit.ly/PARAweb View this email in your browser We are proud to announce our upcoming Virtual Speaker event featuring: Lori Nishiura MackenzieLead Strategist, Diversity, Equity & Inclusion,Stanford Graduate School of Business Language of Leadership (for all)Thursday, December 9th 12:00 to 1:00 pm Language is a powerful tool. The word choices you make shape the culture in your organization. Sometimes we are intentional in our language use. However, oftentimes our word choices are not intentional or well thought out. In these instances, stereotypes about gender, ethnicity and other characteristics may inadvertently influence the words we choose in ways that can advantage some or disadvantage others on your teams. Learn the language of leadership so that you can be the best advocate for yourself, your peers, and your teammates. Register in advance for this seminar. After registering, you will receive a confirmation email containing information about joining From:LWV Palo Alto Speaker SeriesTo:Council, CitySubject:Language of Leadership (for all) with Lori Nishiura Mackenzie Dec. 9thDate:Thursday, November 18, 2021 7:44:36 AM CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. Register Now LEAGUE OF -WOMEN VOTERS OF PALO ALTO o o e the webinar. Submit your questions for Lori Nishiura Mackenzie in advance here. Please share with others who may be interested. Lori is lead strategist for Diversity, Equity & Inclusion at Stanford Graduate School of Business, and cofounder of the new Stanford VMware Women’s Leadership Innovation Lab, offering her a unique view at the intersection of the two organizations. Under her leadership, the lab launched a corporate affiliates program in 2014, and is now the second largest affiliates program on the Stanford campus. In her work at Stanford GSB, Lori is pioneering “small wins” to make the classroom experience more inclusive, to diversify our community, and to foster new research in the areas of leadership, inclusion, and diversity. Lori is a keynote speaker to a wide range of audiences, was featured as one of the BBC 100 Women 2017, and was interviewed for the award-winning documentary, Bias, which premiered in 2018. She has an MBA from the Wharton School of Business and a BA in Economics from the University of California, Berkeley. LWVPaloAlto.org Facebook Twitter YouTube LinkedIn Email Copyright © 2021 League of Women Voters Palo Alto, All rights reserved. From Voter Recipient List Our mailing address is: League of Women Voters Palo Alto 3921 E Bayshore Rd Ste 209 Palo Alto, CA 94303-4303 Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. From:Allan Seid To:Channing House Bulletin Board Subject:Fwd: Ceremony Honors Chinese American WWII Veterans From Idaho, Montana, Oregon and Wyoming – AsAmNews Date:Thursday, November 18, 2021 7:13:21 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. From: Allan Seid <allanseid734@gmail.com>Date: Thu, Nov 18, 2021 at 6:55 AM Subject: Ceremony Honors Chinese American WWII Veterans From Idaho, Montana, Oregonand Wyoming – AsAmNew https://asamnews.com/2021/11/17/ceremony-honors-chinese-american-wwii-veterans-from-idaho-montana-oregon-and-wyoming/ Ceremony Honors Chinese American WWII Veterans From Idaho, Montana, Oregon and Wyoming November 17, 2021 Allen Wong, Navy, with General K. K. Chinn. Courtesy of Raymond Douglas Chong. By Raymond Douglas Chong, AsAmNews Staff Writer Portland Lodge of Chinese American Citizens Alliance (C.A.C.A.), a non-profit organization, honored Chinese American World War II veterans, from Idaho, Montana, Oregon, and Wyoming. The Chinese-American World War II Veteran Congressional Gold Medal Act recognizes and honors the service of an estimated 20,000 men and women of Chinese descent who served during World War II. As an extension of the Congressional Gold Medal Ceremony, the Portland Lodge presented bronze medal replicas to living Chinese American WWII veterans and the next-of-kin of deceased Chinese American WWII veterans. The sublime Ceremony, on November 14, 2021, was held at Camp Withycombe – Armed Forces Readiness Center, Clackamas, Oregon, near Portland. Over 240 people attended on this autumn Sunday. Dr. Cyrus Lee, DMD, smoothly emceed the Program. From Lee’s Association, two crimson lions dazzlingly danced. Veterans of Foreign Wars Post 1324, Oregon City, humbly presented the colors. Ed Gor, National Director, Chinese American WWII Veterans Recognition Project, remarked on the journey by C.A.C.A. with retired generals and admirals to get approval of the Congressional Gold Medal by Congress. K. K. Chinn, Army Major General (retired) and John Ma, Army Brigadier General (retired) presented the medal awards. General Chinn gave the Bronze Star Medal to the next of kin of Marvin Lee, Army Private. Lee, a rifleman, was posthumously recognized for his meritorious achievement in active ground combat during the liberation of the Philippines, in 1945. The program was truly glorified by the presence of two living Chinese American Veterans: Wing Muin Mark, Army; and Allen Wong, Navy. Mark was a tank gunner during the advance to Germany. Wong served on a supply ship in the Pacific Theater. Then Generals Chinn and Ma presented the medal awards to next of kin, including me, for Gim Suey Chong, Navy, my father. As a mechanic, he serviced seaplanes, including the iconic China Clipper. Wing Muin Mark, Army. Courtesy of Raymond Douglas Chong. The Commemorative Book for Chinese American War II Veterans highlighted the formidable contributions and sacrifices of the men and women who gallantly served with Army, Army Air Forces, Marines, Navy, Coast Guard, and Merchant Marine. Pak On Lee was mechanic for the 1st American Volunteer Group – the Flying Tigers, in China. It told the story of Ying, his wife, and their two children who lived near the airbase. Seven brothers from the Lee family honorably served America. And they all survived WWII to return home to Portland. Hazel Ying Lee was a pioneer pilot for Women Airforce Service Pilots (WASP). She ferried fighters from New York to Montana. She died when her fighter collided with another fighter at Great Falls Army Air Base. Helen Ying,C.A.C.A. National Executive Vice President, honored Chinese American veterans with a few brief remarks. Chinese American men and women served in every theatre of WWII. They committed and sacrificed their lives defending American values of freedom. Despite their duty of patriotism, loyalty, and courage, the Chinese Exclusion Act of 1882 cruelly discriminated their American lives. The racist Act prevented immigrant Chinese Americans from obtaining citizenship. However, 20,000 Chinese Americans – nearly one in five served, when 40% were without citizenship. When Congress declared Chinese Americans unfit to be citizens, their acts of military heroism, bravery, and sacrifice were minimized and unrecognized. They were members of the Greatest Generation. Chinese American veterans rightfully deserve this highest honor bestowed by Congress. Helen Ying, C.A.C.A. National Executive Vice President AsAmNews has Asian America in its heart. We’re an all-volunteer effort of dedicated staff and interns. Check out our new Instagram account. Go to our Twitter feed and Facebook page for more content. Please consider interning, joining our staff, or submitting a story, or making a contribution. From:gerry marshall To:Architectural Review Board Cc:Council, City; Planning Commission Subject:Castilleja revised building plans Date:Thursday, November 18, 2021 4:38:40 AM Some people who received this message don't often get email from glmarshall@sbcglobal.net.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear ARB, I have lived across the street from Castilleja’s Bryant entrance for nearly 40 years years and I am writing to express my overwhelming support for the school’s newest version of plans. After following the project for several years, I am more than ready to put this debate to rest. At the behest of the Spring 2021 Council hearings, the school has bent over backwards to create additional new options for a parking structure–all while successfully and safely running a school during a global pandemic. These efforts are surely evidence of an institution that cares deeply about its mission of educating girls and expanding that opportunity to more students and making sure that it does not impact neighbors. The multiple options, which feel like more than enough to choose from, satisfy ALL of the concerns expressed by City Council. More trees are preserved; more cars are off the street and now underground, and the massing is less than the school’s existing square footage. This seems to me like an extensive amount of compromise. Both sides of the block get what they want. As an immediate neighbor, these are the proposals I like best: Keep the pool in the same place and adjust the placement of a stairway and an electrical transformer so as to further protect tree 89–but still allows below-grade deliveries. Allow an underground parking structure that maximizes the allotted number of parking spaces. My understanding is that 69 spots can be accommodated with zero negative impact on trees. I’d like to emphasize that I am really excited about having an underground garage. I hope you see the many merits behind the revised plan. Thank you for your time and continued attention to seeing this project through to a successful resolution. Gerry Marshall Newcomb 1301 Bryant Street Sent from AT&T Yahoo Mail for iPhone • • From:Kocher, Bob To:Planning Commission Cc:Council, City Subject:Support for Castilleja Date:Wednesday, November 17, 2021 5:57:18 PM Some people who received this message don't often get email from bkocher@venrock.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Commissioners, I am a near neighbor of Palo Alto and I am sure that among the FIVE (yes, count them, five) different parking designs that Castilleja has offered you, there is at least one that solves all ofthe concerns that have been voiced by opponents. 1. SAVE TREES All of the new designs preserve the trees that had been at issue in the previous designs. 2. REDUCE SQUARE FOOTAGE Again all of these new designs reduce square footage. 3. NO NEW TRIPS This was true before and it remains true now, despite the efforts that a small handful ofopponents have made to insist otherwise. Car trips are capped. It’s a non-issue 4. COMPROMISEThis is it. The school has offered five different options and now you, as leaders, can lead by deciding on your priorities for the city and making a choice. As a near neighbor to the school I urge you to support the option that maximized undergroundparking. First of all, this improves traffic patterns, aesthetics, and quality of life for everyone without harming trees. But even more important, it allows the school to self-park its projectwithout adding more surface parking to my neighborhood. I am grateful to Castilleja for providing this responsible and appealing option as an investment in and gift to theneighborhood. The school is now presenting architectural designs that are an improvement for my residential neighborhood. I know you recommended approval last year, and now again, I hope you willapprove the updated, elegant, and compliant plans. Respectfully, Bob Kocher - Neighbor, Emerson Street –––––––––––––––––– Bob Kocher MD Venrock @bobkocher | Insights From:Kocher, Bob To:Architectural Review Board Cc:Council, City; Planning Commission Subject:Support for Castilleja Date:Wednesday, November 17, 2021 5:56:42 PM Some people who received this message don't often get email from bkocher@venrock.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Commissioners Lee, Hirsch, Thompson, Baltay, and Lew, I am pleased that the discussion about Castilleja’s permitted above ground square footage can now be put to rest. The school must cut 1,830 square feet from their plans, rather than the4,370 square feet previously assumed. The square footage error was an important finding last spring, but fortunately we now have the correct information in hand to move forward. So, before you, you have the school’s latest plans which bring the square footage belowcurrent levels. With the massing reduced, square footage reduced, permitting requirements met, and other feedback incorporated, the school is now presenting architectural designs thatare beautiful, sustainable, and appropriate for its residential neighborhood. I know you recommended approval last year, and now again, I hope you will approve the updated, elegant,and compliant plans. Respectfully, Bob Kocher - Neighbor, Emerson Street –––––––––––––––––– Bob Kocher MD Venrock @bobkocher | Insights From:Aram James To:Shikada, Ed; Stump, Molly; Roberta Ahlquist; chuck jagoda; Planning Commission; Council, City; HumanRelations Commission; wintergery@earthlink.net; Jeff Moore; Sajid Khan; Jeff Rosen; Joe Simitian; Greg Tanaka;Angie Evans; Jay Boyarsky; cindy.chavez@bos.sccgov.org; supervisor.ellenberg@bos.sccgov.org; RebeccaEisenberg; Raj; Jonsen, Robert; Binder, Andrew Subject:RV dwellers can park on private property in residential areas under new ordinance Date:Wednesday, November 17, 2021 5:17:54 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. NewsBreak Used by over 45 million people Open APP RV dwellers can park on private property in residential areas under new ordinance Oakland North Oakland City Council unanimously passed an ordinance Tuesday that allows people to park and occupy recreational vehicles, mobile homes, and manufactured homes on private property in residential areas, if the property owner permits. The Construction Innovation And Expanded Housing Options ordinance was crafted to create more housing options for Oakland... Click to read the full story Sent from my iPhone From:Barbara Gross To:Council, City; Architectural Review Board; Planning Commission Subject:Castilleja School Modernization Date:Wednesday, November 17, 2021 4:54:54 PM [Some people who received this message don't often get email from barbara.ellen.gross@gmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear Commissioners, I want to acknowledge the collaboration of work that has been done regarding the Castilleja School modernization plan. There have been honest conversations with all parties to produce a plan that will work for the school and the community. Although progress has been made, the academic building demands to be updated to optimize its academic use for the students. I think the school has done an excellent job providing you with design options that will preserve more trees and improve quality of life in the neighborhood. Now, I trust you to make recommendations that will allow this project to move ahead. Bravo to the ARB and the school, and I surely hope that your December 2 meeting will close with a recommendation for City Council to approve the latest design. Thank you very much, Barbara Gross 729 Center Drive From:GP Jones To:Council, City Subject:stoplight at charleston and louis roads Date:Wednesday, November 17, 2021 4:23:37 PM Attachments:Palo Alto City Council - Stoplight Charleston Louis.pdf Some people who received this message don't often get email from senojpg@hotmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. 3465Kenneth Drive Palo Alto,CA 94303 Palo Alto City CouncilOffice of the City Clerk250 Hamilton AvenuePalo Alto, CA 94301 Re: Stoplight at Charleston and Louis Roads I write once more to object to a stoplight installation at the intersection of Arastradero and Louisroads. Background – I live on Kenneth and have driven down Louis to that intersection and made that leftturn for 40 years, so I believe that I have some experience. Note, I do not have copies of any vehicletiming counts that the city may have taken. IF the light is being installed only for pedestrian/bicycle crossing safety, then I am in favor with it. But I worry that the transportation dept will turn on vehicle control whenever they want. IF the light is (as I understood originally) to cut down on wait time and the number of cars backed upon Louis waiting to turn left on Charleston, then I still disagree as described below. First – Assuming there had been a backup problem on Louis when first analyzed, does it still exist? The pandemic has made major changes in work habits and travel patterns. This supposed problemmay no longer need ‘fixing’. Second - *If* there were a backup on Louis, it likely only occurred with any seriousness or durationfor possibly two hours in the morning as people were going to work. The other 22 hours of the daythere are usually only one and rarely more than two cars in line on Louis to turn left, with (in myexperience) a wait of less than a minute. There is no need to stop cars on Charleston, particularlysince they just came from a stoplight at Fabian, just around the curve. Third – I believe that the total effect across a 24-hour period is that there will be more car-idle-minutes as a result of the stop light than the supposed car-idle-minutes (morning backup) that istrying to be reduced. Consider the following cases. Note, I am assuming that the default setting forthe light is green on Charleston and red on Louis. A. A car on Louis arrives at the intersection and stops. The road is clear for a left turn, but thecar must wait for the light to change, adding idle time.B. Same as above. The light changes and the Louis car turns left. The light remains red ‘forsome amount of time’ after the turn, during which time cars on Charleston approach. Theynow must stop, whereas before they would not have to, adding idle time.C. Same as (A), but there are one or more cars approaching on Charleston. The Louis car couldhave waited and then turned as soon as they had passed, but now they get stopped by thelight, adding idle time.D. A car on Louis approaches for a right turn. It does not ‘hug the curb lane’ as it approaches, and thus triggers the light to change unnecessarily. The car turns right safely. Cars onCharleston are stopped needlessly, adding idle time. Bottom line - Cars on Louis turning left always had to stop. But now *all* the cars on Charleston thatare stopped by the light for a car on Louis turning left are additional cars that never had to stopbefore. Because the traffic count on Charleston is (much) greater than that of Louis, the probabilityis high that more cars will be stepped on Charleston than were ever backed up on Louis. Thus, thetotal stoppage time (car-idle-minutes) will be greater with a light. And more idle time means moreexhaust fumes. If this installation is going to happen regardless of what is said to the contrary (like the traffic circles),then I offer this suggestion. Modern traffic lights are intelligent enough to support programmingcontrols of some kind. The equipment should have the ability to operate as a stop light duringcertain time periods during the day (e.g. when backups can be shown to exist) and to operate as a‘blinking caution/stop sign’ at other times. By that I mean that one direction (Louis) blinks red tocause cars to stop before proceeding, and the other direction (Charleston) blinks yellow tocaution/warn cars to watch for turning vehicles. I have seen this work effectively in other cities. There may be other solutions (solid red light with yellow turn arrow for Louis cars?). And finally, I am assuming that the light on Charleston only applies to cars coming from San Antonioheading toward Middlefield (except for pedestrian/bicycle crossing). There should be no need tostop cars heading toward San Antonio and 101. Sincerely, Carl Jones 3465 Kenneth Drive Palo Alto, CA 94303 Palo Alto City Council Office of the City Clerk 250 Hamilton Avenue Palo Alto, CA 94301 Re: Stoplight at Charleston and Louis Roads I write once more to object to a stoplight installation at the intersection of Arastradero and Louis roads. Background – I live on Kenneth and have driven down Louis to that intersection and made that left turn for 40 years, so I believe that I have some experience. Note, I do not have copies of any vehicle timing counts that the city may have taken. IF the light is being installed only for pedestrian/bicycle crossing safety, then I am in favor with it. But I worry that the transportation dept will turn on vehicle control whenever they want. IF the light is (as I understood originally) to cut down on wait time and the number of cars backed up on Louis waiting to turn left on Charleston, then I still disagree as described below. First – Assuming there had been a backup problem on Louis when first analyzed, does it still exist? The pandemic has made major changes in work habits and travel patterns. This supposed problem may no longer need ‘fixing’. Second - *If* there were a backup on Louis, it likely only occurred with any seriousness or duration for possibly two hours in the morning as people were going to work. The other 22 hours of the day there are usually only one and rarely more than two cars in line on Louis to turn left, with (in my experience) a wait of less than a minute. There is no need to stop cars on Charleston, particularly since they just came from a stoplight at Fabian, just around the curve. Third – I believe that the total effect across a 24-hour period is that there will be more car-idle-minutes as a result of the stop light than the supposed car-idle-minutes (morning backup) that is trying to be reduced. Consider the following cases. Note, I am assuming that the default setting for the light is green on Charleston and red on Louis. A. A car on Louis arrives at the intersection and stops. The road is clear for a left turn, but the car must wait for the light to change, adding idle time. B. Same as above. The light changes and the Louis car turns left. The light remains red ‘for some amount of time’ after the turn, during which time cars on Charleston approach. They now must stop, whereas before they would not have to, adding idle time. C. Same as (A), but there are one or more cars approaching on Charleston. The Louis car could have waited and then turned as soon as they had passed, but now they get stopped by the light, adding idle time. D. A car on Louis approaches for a right turn. It does not ‘hug the curb lane’ as it approaches, and thus triggers the light to change unnecessarily. The car turns right safely. Cars on Charleston are stopped needlessly, adding idle time. Bottom line - Cars on Louis turning left always had to stop. But now *all* the cars on Charleston that are stopped by the light for a car on Louis turning left are additional cars that never had to stop before. Because the traffic count on Charleston is (much) greater than that of Louis, the probability is high that more cars will be stepped on Charleston than were ever backed up on Louis. Thus, the total stoppage time (car-idle-minutes) will be greater with a light. And more idle time means more exhaust fumes. If this installation is going to happen regardless of what is said to the contrary (like the traffic circles), then I offer this suggestion. Modern traffic lights are intelligent enough to support programming controls of some kind. The equipment should have the ability to operate as a stop light during certain time periods during the day (e.g. when backups can be shown to exist) and to operate as a ‘blinking caution/stop sign’ at other times. By that I mean that one direction (Louis) blinks red to cause cars to stop before proceeding, and the other direction (Charleston) blinks yellow to caution/warn cars to watch for turning vehicles. I have seen this work effectively in other cities. There may be other solutions (solid red light with yellow turn arrow for Louis cars?). And finally, I am assuming that the light on Charleston only applies to cars coming from San Antonio heading toward Middlefield (except for pedestrian/bicycle crossing). There should be no need to stop cars heading toward San Antonio and 101. Sincerely, Carl Jones From:Trisha Suvari To:Planning Commission Cc:Council, City Subject:Castilleja Project Date:Wednesday, November 17, 2021 4:00:29 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Planning and Transportation Commission, The Castilleja project, which you have already voted to support, is before your commission again and I hope that you will once again support this latest design. The school is in desperate need of modernization, and I think they’ve done an excellent job revising, and revising again, to incorporate the constructive feedback they’ve received. The only area of concern you raised last time was over the garage. Now they have offered five different options that all reduce the size, preserve trees, reroute cars from the neighborhood, and move parked cars below ground. During your hearings last year, there was a lengthy conversation about whether the limits and restrictions that were being placed on Castilleja were at all consistent with the treatment other schools and nonprofits receive in Palo Alto and other nearby towns. I think that after these changes that the school has offered in compromise, that question will loom even larger unless city leaders like you find a reasonable path forward. I am a voter in Palo Alto and I hope you will represent me and the many others like me rather than a small number of neighbors who cannot and will not compromise. This project will improve traffic and parking, bring no new cars, and blend beautifully into the mix of homes on Bryant, Kellogg, and Emerson. More importantly, it provides the space to educate more young women so that those families seeking all-girls education can attain it for their daughters. Thank you for your time. Best, Trisha Suvari, 306 Iris Way, Palo Alto From:Loran Harding To:Loran Harding; antonia.tinoco@hsr.ca.gov; alumnipresident@stanford.edu; David Balakian; fred beyerlein;bballpod; Leodies Buchanan; boardmembers; beachrides; bearwithme1016@att.net; Cathy Lewis; Council, City;Chris Field; dennisbalakian; Doug Vagim; Daniel Zack; Dan Richard; david pomaville;esmeralda.soria@fresno.gov; eappel@stanford.edu; fmerlo@wildelectric.net; grinellelake@yahoo.com;Gabriel.Ramirez@fresno.gov; huidentalsanmateo; hennessy; jerry ruopoli; Joel Stiner; kwalsh@kmaxtv.com;kfsndesk; lalws4@gmail.com; leager; Mayor; Mark Standriff; margaret-sasaki@live.com;merazroofinginc@att.net; newsdesk; news@fresnobee.com; nick yovino; russ@topperjewelers.com; SallyThiessen; Steve Wayte; tsheehan; terry; VT3126782@gmail.com; vallesR1969@att.net Subject:Fwd: 2021 Housing market crash! Date:Wednesday, November 17, 2021 3:59:50 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. ---------- Forwarded message --------- From: Loran Harding <loran.harding@stanfordalumni.org>Date: Wed, Nov 17, 2021 at 3:12 PM Subject: Fwd: 2021 Housing market crash!To: Loran Harding <loran.harding@stanfordalumni.org> ---------- Forwarded message ---------From: Loran Harding <loran.harding@stanfordalumni.org> Date: Wed, Nov 17, 2021 at 3:08 PMSubject: 2021 Housing market crash! To: Loran Harding <loran.harding@stanfordalumni.org> Wednesday, November 17, 2021 To all- 2021 Housing Crash WARNING: Zillow's 93% FIRESALE! - YouTube At least in California they won't be able to keep raising our property taxes if home valuesfall. Prop. 13 says property taxes can rise by at most 2% per year and only if the home's value has risen 2%. If we get a big crash in home values, they have to roll our property tax backdown. My property tax just jumped about one-half of one percent over last year (up .588%). That seems pretty tame in view of what I thought were rising home values in Fresno County. $1,710 this year v. $1700 last year. I saw a vid once of a real estate agent showing a house to some people up on the Hudson R., ordinary house. She read off the annual costs and propertytax was $8,000 per year. That's common on ordinary houses around NY and NJ, and this had to be 10 years ago. And of course, as HSR keeps getting built, Fresno keeps getting closer to being 45minutes from San Jose's Diridon Station via beautiful HS trains. Vast complex to be built around Diridon by Google. You'll be able to take HSR Fresno to Diridon, walk across the platform to board Caltrain, and go on to SF. You won't have a car when you get there, forwhich you will be grateful. The infrastructure bill will fund the electification of Caltrain, enabling HSR to push on from Diridon up to SF. As that becomes foreseeable, our homevalues in Fresno will quintuple. We'll be grateful for that 2% limit under Prop.13 when that happens. California HSR, CAHSRA, will get a couple of billion from the infrastructure bill. Rail projects in the entire US under the bill will get a measly $44 billion, and Shumer blackmailed his fellows into giving the lion's share of that to the NE States. What a hosing-screwing for California. Just anything in Congress to damage California because of Stanford and Silicon Valley. L. William Harding Fresno, Ca. From:Roy Maydan To:Architectural Review Board Cc:Planning Commission; Council, City Subject:Castilleja Project Date:Wednesday, November 17, 2021 12:50:18 PM Some people who received this message don't often get email from roy.maydan@gmail.com.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Members of the ARB, Once again, the Castilleja project is before you, and I hope you will once again vote to support their plans. Their latest submission looks like it gives you several options to consider, in particular for the underground parking garage and the pool. I know that your responsibility is to approve aesthetically pleasing design, and the school has made revision after revision in response to valuable feedback, ultimately landing on a master plan that is aesthetically pleasing and sustainable. In reviewing the options before you, I hope you will support the following: Garage: I strongly support the garage with the capacity of 69 cars (vs. 52 cars). 69 cars can be parked with no additional impact, AND it will allow the school to meet their required number of spaces without having to remove green space to do so. It would make no sense at all to require surface parking when the additional 17 cars can be parked below grade. Pool: Two options are before you, one that moves the pool to better protect tree 89 (but will require deliveries to be above ground). A second option moves a pool stairwell and transformer, still protects tree 89, and allows for below ground deliveries. I would think the second option is preferable. Bringing deliveries below grade reduces noise in the neighborhood, and that option still better protects tree 89 compared to the previous plan. Once again I am seeing the lengths the school has gone to respond to feedback, protect trees, and still meet the objectives of their project. This has been going on for a long time and I sincerely hope that this is it. Thank you for considering my input, and thank you for your service to our community. Sincerely, Roy Maydan 131 Byron Street From:Ken Horowitz To:Council, City Subject:Promoting Health for Children and Adolescents | CDC Date:Wednesday, November 17, 2021 12:23:57 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Hello Council Please refer this issue to Policy and Services Committee Thank you for your attention Ken Horowitz 525 Homer Ave Palo Alto, ÇA https://www.cdc.gov/chronicdisease/resources/publications/factsheets/children-health.htm Sent from my iPad Blog | COVID-19 | Racial Justice Giving Tuesday is November 30! Created in 2012, this global movement inspires millions of people to give and celebrate generosity. SVCF is grateful for our donors’ and community partners’ generosity and collaborative spirit. In this spirit, SVCF has compiled tools to simplify and support year-end giving: SVCF’s Year-End Giving Guide: Contribute to organizations advancing equity in San Mateo and Santa Clara counties. Tips from SVCF philanthropy advisors: Maximize the impact of your year-end giving. Giving and grantmaking deadlines: Review the key dates to ensure your contributions are processed in 2021. From:Silicon Valley Community FoundationTo:Council, CitySubject:Will you join us in celebrating Giving Tuesday?Date:Wednesday, November 17, 2021 10:30:14 AM CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. 650.450.5400 @ info@siliconvalleycf.org ~ ) SILICON VALLEY community foundation® • • • Your Generosity In Action Check out these stories to see how SVCF donors’ generosity has contributed to meaningful change throughout 2021: Record-setting grantmaking SVCF awards $1.4 billion to community causes in the first three quarters of 2021. Supporting East San José The School of Arts and Culture begins restructuring with a SVCF LatinXCEL Fund grant. Responding to the COVID-19 pandemic: Visionary SVCF donors Beth von Emster and her husband, Kurt, increased their annual grantmaking by more than 275% in 2020 as community need soared. Address 2440 West El Camino Real Suite 300 Mountain View, CA 94040 About Silicon Valley Community Foundation is a community catalyst for change. Copyright © 2021 Silicon Valley Community Foundation View in browser | Unsubscribe From:mark weiss To:Council, City; Cormack, Alison; DuBois, Tom Cc:Rebecca Eisenberg; Adam Metz; Noah Metz Subject:mad about madison but not angry about indy Date:Wednesday, November 17, 2021 9:52:38 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dan Dierdorf, MichiganReggie McKenzie, Michigan Joe DeLamielleure, Michigan StateJohn Brockington, Ohio State Jack Tatum Ohio StateRick Telander, Northwestern Otis Armstrong, PurdueBilly Joe Dupree, Michigan State Dave Butz, PurdueRandy Gradishar, Ohio State Brad van Pelt, Michigan StateArchie Griffin, Ohio State Rick Upchurch, MinnesotaKeith Fahnhorst, Minnesota (and 49ers) Mike Webster, WisconsinNeil Colzie Ohio State (and Raiders) Tony Dungy, MinnesotaPete Johnson, Ohio State Rick Leach, MichiganKirk Gibson, Michigan State Tom Couisneau, Ohio StateDwight Hicks, Michigan (and 49ers) Keena Turner Purdue (and 49ers)Jay Hilgenberg, Iowa Leven Weiss, Iowa (never heard of him, but like the name)Anthony Carter, Michigan Quinn Buckner, Indiana — two sports In terms of our sister cities relationship foisted upon us by mayor Tom Dubois and the otherwise redoubtable Vicky Veenker, I would have chosen Ann Arbor, Columbus, Madison,Evanston, Lansing, Iowa City and even West Lafayette or South Bend before Bloomington. Was this some kind of a deep state comeback by David Starr Jordan’s white friends? Mark Weiss (the name means “white” and “he knows” but I am an ally to Blacks and Sri Lankans)in Palo Alto exchange student to Oaxaca in 1981 — our true sister city - fijate! PS my father Paul Edward Weiss, 1924 Chicago 2015 Palo Alto started at Purdue, quit toenlist in the Navy, then graduated from University of Chicago on the GI Bill -- Hyde Park as a sister city makes more sense to me than blooming B-ville.. From:ASR GroupTo:Council, CitySubject:Celebrate Friendsgiving with us!!Date:Wednesday, November 17, 2021 9:41:11 AM Some people who received this message don't often get email fromnoreply@campaign.eventbrite.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. Lets Play A Game! We are celebrating Friendsgiving early at The Republic Garden. Join us for Access Smoke Room Presents: Friendsgiving Happy Hour on November 19 2021 at 6:00 PM. Come join DMVs best networking group at The Republic Garden. Get there EARLY to take advantage of specials! Food, hookah, and drink specials from 6-8pm. Cigars and Hookah available! Follow @asrcigar on IG Email asrcigar@gmail.com to reserve table specials. Register soon because space is limited. We hope you’re able to join us! Friday, November 19, 2021 6:00 PM ASR presents: Friendsgiving Happy Hour Register Republic Garden ASR Group, LLC 8402 Georgia Ave , Silver Spring , Md 20910 US Unsubscribe | Privacy Policy Photo by Jonathan Hahn | Article | Celebrate IndigenousHeritage Month November is Indigenous Heritage Month, and the Sierra Club is celebrating the many Native American changemakers in the environmental world. From the struggle over the Line 3 pipeline in Minnesota, to the fightagainst fracked gas exports on Texas’s Gulf Coast... Indigenous leaders are on the frontlines of many of today’s most urgent environmental struggles. Photo courtesy of Lornett Vestal. | Sierra Magazine | What Veterans Day Means toMe Sierra Club staffer and US Navy veteran Lornett Vestal wrote about his experiences in the military, and the healing he found from spending time in nature after his deployment ended.“Just like the countries we’ve fought in, we are never the same when we return home,” he writes. “I hope my brothers and sisters in arms can equally find peace and From:Sierra Club Insider To:Council, City Subject:Opt Outside, Scenes From the Streets of Glasgow, Plastic Is the New Coal, and More Date:Tuesday, November 16, 2021 11:42:38 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. solace through nature, just as Ihave.” Photo courtesy of Extinction Rebellion Scotland and Simone Rudolphi | Sierra Magazine | Scenes From the Streets ofGlasgow More than 100,000 activists from around the world took to the streets of Glasgow to express their frustration with the slow pace of progress and demand more drastic action on the climate crisis. These pictures tell the story. ICYMI: Check out what happened atCOP26. Photo by iStock.com/Metaphortography | Article | New Yorkers Say No toFracked Gas The New York Department of Environmental Conservation recently denied air permits for two proposed fracked gas plants in the state. The proposed Danskammer and Astoria gas plants would have polluted thetown of Newburgh in the Hudson Valley and Astoria, Queens, respectively. "The case set a powerful precedent that no new gas plant projects will be approved in New York." | Article | What Are LandAcknowledgments? Photo courtesy of Angela Mooney D'Arcy Over the last few years, a new practice has popped up at the Sierra Club. You may have seen people open meetings or introduce themselves by acknowledging that they are on thelands of particular Indigenous nations, or even been asked to do so yourself. Though new to the Sierra Club, the practice of land acknowledgment hasancient roots. Far from serving as mere virtue- signaling, it has deep implicationsfor how we do environmental and conservation work. Photo courtesy of Peter Bennett | Article | California Just Took a MajorStep Toward ProtectingResidents From Fossil FuelPollution Recently, California came a big step closer to finalizing rules that will ensure that new oil and gas wells are at least 3,200 feet away from the places its residents live, work, and play. “No oneshould live through the heartbreak of watching their loved ones struggle for their lives, simply because they grew up in a neighborhood where oil drillingwas allowed to take place,” says Monica Mariko Embrey, a director of the Beyond Dirty Fuels campaign. “Rules like the one California recently announced will safeguard our communities and help ensure that our neighborhoods are nolonger sacrifice zones.” Photo courtesy of Sierra Club Military Outdoors | Take Action | Ensure Veterans HaveAccess to Nature’s HealingBenefits Many veterans experience considerable challenges upon returning home. Repeat exposure to trauma and long deployments away from family and friends have resulted in a generation of veterans that havedifficulty reintegrating into life after military service. The benefits of time spent outdoors are clinically proven to promote overall well-being. Tell the Secretary of Veterans Affairs to fast-track the creation of the Task Force on OutdoorRecreation for Veterans and help veterans access nature’s healing benefits now. Photo courtesy of REI | Take Action | Expand Equitable Access tothe Outdoors The Outdoors for All Act (H.R. 5413, S. 2887) will create and improve state and local parks and other outdoor recreation areas, particularly in nature-deprived communities that have been robbed of the benefits green spaces provide, like cleaner air and opportunities to run and play. Urge your member of Congress to cosponsor the Outdoors for All Act. | Sierra Magazine | Methane's Big Moment Photo by iStock.com/LA Nolan Methane emissions took center stage at the COP26 climate conference in Glasgow. And for good reason. Methane is 80 times more powerful than CO2 emissions when it comes totrapping heat in the atmosphere. Read about the new Global Methane Pledge and why it matters. Photo by Michael Brochstein/Sipa USA (Sipa via AP Images) | Sierra Magazine | Arizonans to SenatorSinema: The Climate CrisisCan’t Wait Residents of the desert state of Arizona are already feeling the heat from climate chaos. So, it should come as no surprise that climate activists in the state are fuming at lawmakers' inaction when it comes to climate change in the Grand Canyon State. Read more about the push to get Senator Sinema’s attention. | Sierra Magazine | Plastic Is the New Coal, SaysNew Report Your plastic water bottle will likely spend its golden years floating around the Great Pacific Garbage Patch, but its life began thousands of feetunderground. Time to address the plastic problem. Here's why. Photo by Jonas Ronnbro Photo by Mark Skerbinek-Eyeem-Getty Images | Sierra Club Outings | Sierra Club Outings:International & DomesticTrips Are Here Search for brilliant neotropical birds among the Mayan ruins of Belize, learn the ancient traditions of Kazakh eagle hunters in Mongolia, journey by camel deep into the pink sands of Morocco’s Sahara Desert, and other exceptional experiences in Antarctica, CentralAmerica, Europe, the Middle East, and more. Or select from a variety of unforgettable winter trips within the United States. Call now or visit usonline to search for trips, learn about our volunteer leaders, or request your free catalog. See all trips and sign up. | Team Sierra | Give Thanks With TeamSierra The month of November marks the season of gratitude and giving. We are grateful for the thousands of people who have been a part of our Team Sierra community, raising nearly half a million dollars for the planet this year. This holiday, in lieu of presents, you can ask your family and friends to make a donation that will helptransition cities to clean energy and build a healthy and sustainable future for us all. Create a holiday fundraising page. | Article | Holiday Discussion Guide The holiday season is approaching and folks are planning in-person and virtual gatherings. While many families and friends try not to discuss politics during a holiday gathering, sometimes hot- button issues come up anyway. The Sierra Club’s Holiday Discussion Guide is here to help. It’s not an exhaustive list, but it includes topicsthat may come up during your holiday chats. We encourage you to approach conversations with openness, empathy, and patience, to listen, and tocontinue to educate yourself (and your family and friends) on these important issues. Check it out!. | Adopt a Wild Animal | The Perfect Gift for theNature Lover on Your List This holiday season, consider purchasing a soft, cuddly plush as a symbolic adoption of a wild animal. Each donation will help support our work protecting wildlife, keeping our airand water clean, and promoting a clean-energy future. Free shipping on all orders. Order your favorite animal before it's sold out. Shop today! This email was sent to: city.council@cityofpaloalto.org This email was sent by the Sierra Club 2101 Webster St., Suite 1300, Oakland, CA 94612 Manage Preferences | Unsubscribe | View as Web Page From:Margaret Heath To:Council, City Subject:Fwd: Palo Alto"s Public Facility zoned property Date:Tuesday, November 16, 2021 8:31:10 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. ---------- Forwarded message --------- From: Margaret Heath <maggi650@gmail.com>Date: Tue, Nov 16, 2021 at 7:33 PM Subject: Palo Alto's Public Facility zoned propertyTo: <heupdate@cityofpaloalto.org> Dear Housing Element Working Group Members: I strongly believe that any Palo Alto land zoned "Public Facility" considered for redevelopment should be designated exclusively for non-profit purposes which serve thepublic good. Most especially for below market rate housing as "Public Facility" zoned property reflects a lower land value ideally suited for non-profits building low-incomehousing. Next to impossible in Palo Alto if/when low income non-profit housing has to compete with for-profit companies paying market rate to acquire residential (or commercial)zoned property. Definitely not a gift to be given for exploitation for the benefit of private individuals and their companies even if they promise affordable housing and/or public benefits. We are only toowell aware that developers renege or are unable to follow through with their promises when applying for permission to rezone and build. As most recently demonstrated when it comes tobuilding "affordable" workforce housing and the much higher than promised leasing price of the apartments on the corner of Page Mill and El Camino built on a former "Public Facility"zoned property. Once again making fools (or not) of the then members of the Palo Alto council who touted the developer's rhetoric to justify voting this individual and his company awindfall at the public's expense. In addition, it is most important that any land zoned "Public Facility" owned by Stanford should be reserved solely for low income housing to offset the huge increase in employees inStanford's Research Park which represents a significant portion of land within Palo Alto's city boundaries. Stanford has transitioned away from originally leasing to low densitymanufacturing and research labs in the Research Park (the original agreement between Stanford and Palo Alto when the land was annexed by the city) to presumably more profitableand dense office-like uses. With a significant impact on Palo Alto's jobs-housing imbalance and consequently Palo Alto's RHNA allocations. Which Stanford has so far, successfully,pushed responsibility for providing additional workforce housing for employees on their property onto the residents of Palo Alto. To sum up, as the Palo Alto transit center is zoned Public Facility, this is a one time preciousopportunity to reserve any redevelopment on this property for desperately needed and exclusively 100% below market rate housing redevelopment. Thank you, Margaret HeathCollege Terrace From:Glenn Fisher To:Council, City Subject:Caltrain grade separation and Churchill Date:Tuesday, November 16, 2021 4:31:15 PM [Some people who received this message don't often get email from gfisher@mac.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council, I strongly encourage you to consider ways to keep Churchill open unless you approve a plan to significantly improve traffic flow at the intersections of Page Mill and Embarcadero with El Camino Real. This morning at 9:30, I sat in traffic between Alma and El Camino on Page Mill for over 5 minutes — 3 light cycles to go 1 1/2 blocks. If you close Churchill, there will be almost 30% more traffic (at least, based on the traffic study numbers) at this intersection. That will mean 4 to 5 light cycles to go 1 1/2 blocks, backing traffic up onto Alma and almost to Middlefiled on Page Mill. I can’t imagine the traffic conditions on Embarcadero if Churchill is closed, You have made a decision by listening to the loudest voices — the local people in the Churchill neighborhood who would love to stop thru traffic in their area. Of course! But closing Churchill will affect people across ALL of Palo Alto. I live in Adobe Meadow and use Churchill all the time to access PAMF, Stanford Shopping Center, Town and Country and other facilities in the northern part of Palo Alto. There are hundreds more of us who face travel across the tracks. If you close Churchill, we will be closer (time wise) to facilities in Mountain View. That will impact businesses and revenue in Palo Alto. I strongly request you reverse your decision on Churchill and act in the best interests of most of Palo Alto. Glenn Fisher Adobe Meadow resident From:Roger McCarthy To:Architectural Review Board; Council, City; Planning Commission Subject:Castilleja"s proposed parking and pool changes Date:Tuesday, November 16, 2021 4:21:21 PM Some people who received this message don't often get email from rlmccar@aol.com. Learn whythis is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. To: Members of the Palo Alto Architectural Review Board (ARB)From: Dr. Roger L. McCarthy, 650 Waverley Street, Palo Alto, CA 94301Date: 16 November 2021Re: Castilleja proposed parking and pool changes I am writing to urge the ARB to approve as quickly and expeditiously as possible the changes and upgrades to the Castilleja project that have now undergone MULTIPLE YEARS of review. While we have argued over the (arguably relatively insignificant) details of Castilleja’s plans, hundreds of young women have missed the opportunity to study in an all-woman environment of an exceptional educational institution (#2 in Best All-Girls High Schools in America) that EVERY indicator (as I will briefly discuss below) predicts would have made them more successful, particularly in the STEM fields. We have now reached the point where this horrendous NIMBY delay has become unjust to the future young women whose only sin is they can’t vote. By way of introduction, I live about a mile from Castilleja, but I have never sent a child there. I have no connection with Castilleja past or present and have never even set foot in the place. My interest in this issue stems solely from the concerns of the Nation’s top technical hierarchy. I am an officer and Treasurer of the National Academy of Engineering, a Governing Board member of the National Research Council, and a Director of The National Academies Corporation. During their formative years, study after study has found that young can develop and grow their leadership skills faster and more effectively in an all-girl school environment. This is particularly evident in the rate at which girls who attend same-sex institutions eventually go into the STEM fields. The only argument about this evidence is the rate; are they three times<!--[if !supportFootnotes]-->[1]<!--[endif]--> more likely or six times<!--[if !supportFootnotes]-->[2]<!--[endif]--> more likely? We in the National Academies have been charged since 1863 by our charter to provide advice to the Nation on issues of science, technology, engineering, and now medicine. Yet, we are frustrated in our mission but not having enough women in the “pipeline” of the STEM fields who will eventually rise to the level of the Academies. While this national problem cannot be solved by Palo Alto alone, we can do our bit if we stop arguing over 1 or 2 trees (apart from the fact Castilleja plans to plant 100 new ones) or 1 or 2 thousand square feet and start looking at the big picture. We should be ashamed that this whole Castilleja discussion is being driven by nitpicking R1 zoning (aka “exclusionary zoning”), invented in Berkeley in 1916, solely to achieve racial segregation.<!--[if !supportFootnotes]-->[3]<!--[endif]--><!--[if !supportFootnotes]-->[4]<!--[endif]--> “Exclusionary zoning perpetuates patterns of racial and income-based segregation.”<!--[if !supportFootnotes]-->[5]<!--[endif]--> It is no secret that the Nation’s security, and our future position in the world, rests squarely on our national technical prowess. We need to develop all our talented citizens as far as we can. To let NIMBY issues deny us the development of some of our future technical talent is unimaginably short-sighted. CC: Palo Alto City Council Palo Alto Planning Commission <!--[if !supportFootnotes]--> <!--[endif]--> <!--[if !supportFootnotes]-->[1]<!--[endif]--> https://www.ncgs.org/wp- content/uploads/2018/12/ResearchReport_FINAL.pdf (accessed 22 August 2020) <!--[if !supportFootnotes]-->[2]<!--[endif]--> https://www.heri.ucla.edu/PDFs/Sax_FINAL%20REPORT_Sing_1F02B4.pdf (accessed 22 August 2020) <!--[if !supportFootnotes]-->[3]<!--[endif]--> https://www.kqed.org/news/11840548/the-racist-history-of- single-family-home-zoning (accessed 16 November 2021) <!--[if !supportFootnotes]-->[4]<!--[endif]--> https://www.berkeleyside.org/2021/02/24/berkeley-denounces- racist-history-of-single-family-zoning-begins-2-year-process-to-change-general-plan (accessed 16 November 2021)<!--[if !supportFootnotes]-->[5]<!--[endif]--> https://tcf.org/content/facts/understanding-exclusionary- zoning-impact-concentrated-poverty/?agreed=1&agreed=1 (accessed 16 November 2021) From:Kang, DanielleTo:Council, CityCc:Milton, Lesley; Nguyen, Vinhloc; Ah Yun, MahealaniSubject:In-person Public Comment AttachmentsDate:Tuesday, November 16, 2021 3:25:26 PMAttachments:image001.pngimage002.pngKen Horowitz (Sugar Tax) Attachment 1.pdfKen Horowitz (Sugar Tax) Attachment 2.pdfJeanne Fleming (Wireless) Attachment.pdf Good afternoon City Council, Please see the physical attachments provided by our in-person public speakers from the November 8th and 15th City Council meeting. Thank you, Dani Danielle KangAdministrative Associate IIIOffice of the City Clerk250 Hamilton Avenue Palo Alto, CA 94301 P: 650.329.2159 | E: Danielle.Kang@CityofPaloAlto.org CITY OF PALO ALTO - Good evening members of City Council, members of the Planning & Transportation Commission and members of the Architectural Review Board. My name is Jeanne Fleming, and I'm speaking tonight on behalf of United Neighbors of Palo Alto. You've just heard a presentation meant to characterize "the legal landscape that affects the City's wireless policy development." I would like to expand on that landscape by bringing three points to your attention. First, the presentation did not take note of the U.S. Court of Appeals for the D.C. Circuit's ruling of three months ago. What the D.C. Circuit found-and this is from the National Law Review-what the Court found is that, in 2019, the FCC, in deciding not to change its standards for exposure to RF radiation, had failed to respond to evidence in the record that exposure to RF radiation at levels below the FCC's current limits may cause adverse health effects. In particular, the Court found that the FCC had failed to take into account the emergence of 5G technology and the now ubiquity of wireless devices and Wi-Fi. The telecom industry would like to shrug off this decision. But, in fact, the Circuit Court's ruling represents a turning point, raising doubts, as it does, about the now out- of-date research that has been the bedrock of the industry's reassurances regarding possible health hazards. My second point: You heard a lot about the time pressure created by the so-called "shot clock." But what you need to understand is that, in practice, "shot clocks" impose significantly less pressure than the presentation implied. That's because shot clocks are stopped all the time-stopped whenever the City and the cell tower applicant enter into what's called a tolling agreement. For example: There was a 90-day shot clock on the 2017 Crown CastleNerizon "University South" cell tower application. But as a result of a series of tolling agreements, that shot clock ran for well over 400 days. That's right: Not 90 days, but 400-plus days. To be clear, FCC regulations explicitly allow for tolling agreements. Plus, the City's Master License with the telecom companies explicitly calls for them. My third point is that the presentation you just heard significantly overreached in saying that Portland v. FCC "upheld the new effective prohibition test." To be precise, the decision upheld the effective prohibition test with respect to fees. But with respect to service, it did not. This overreach has led the presenters to conclude that any telecom company that wants to install a 5G cell tower in a Palo Alto neighborhood that does not currently have one has the right to do so. It doesn't matter if the neighborhood has excellent 4G or 3G service. The telecom can go right in and install a 5G cell tower. Now so you know, there are many attorneys who specialize in telecom law who argue that 5G cell tower applicants must prove that a significant gap in cellular service per se exists, not merely a gap in 5G service; and, more importantly, there are many cities that have ordinances requiring proof of a significant gap. Even more importantly than that, the telecom industry is complying with the significant gap requirements in these cities. I'd like to turn now to what else other cities are doing to protect residents' interests. For one, they are requiring performance and removal bonds. And they're requiring RF radiation insurance. Having to comply with perfectly reasonable, but costly, requirements such as these discourages cell tower applicants from wantonly blowing through a residential neighborhood installing a 5G tower every 1,300 feet. Have a look at the provisions of the wireless code passed last month by the City of Ithaca, New York-like Palo Alto, a university town. (EXHIBIT A HERE.) I've listed some of their standards here. You can see, for example, that the city requires proof of a significant gap in service. Moreover, they've adopted a 250-foot setback for cell towers from residences, as well as a fall zone requirement-that is, a requirement that a cell tower not be so close to a structure that it could topple over onto it. Also, Ithaca requires a visual impact analysis for any new proposed antennas. And it requires proof that everything submitted by a cell tower applicant is done under oath and penalty of perjury. Why require submissions be done under oath and under penalty of perjury? Because the telecom companies have a history of lying. Now I realize that "lying" is strong language, so I want to give you an example of some lying that occurred right here in these chambers. Just a couple of years ago, at a Palo Alto Architectural Review Board meeting, Verizon asserted that flush to the ground vault covers were technically infeasible, hence undergrounding cell tower equipment would create an impediment for people using wheelchairs or walkers. That was a lie, plain and simple, as you can see in this photo of a flush-to-the-ground Crown Castle vault in Central Park. (SHOW EXHIBIT B) Verizon literally was installing flush-to-the-ground vaults in Santa Cruz while it was telling Palo Alto's ARB that was impossible. Palo Alto residents need and deserve the protection that other cities are providing their citizens. Unfortunately, Palo Alto's wireless ordinance has remained half-finished for almost two years-since December, 2019, to be specific. In the meantime, our Planning Director has been approving cell towers on his own, without the input of the Planning and Transportation Commission, the Architectural Review Board, City Council or residents. (EXHIBIT C 552 EMERSON) This is a photo of an AT&T cell tower he approved for 552 Emerson. The photo on the left shows you what this location now looks like. The photo simulation on the right was produced by AT&T and submitted to the City in order to show-best case, of course- what the location will look like once their new cell tower goes in. So you know, the Planning Director has approved nine more cell towers just like this in downtown Palo Alto. Does anybody think the cell tower in the photo simulation is an aesthetically acceptable installation? I hope not. And I hope the City moves quickly to revise the wireless ordinance, and not spend another seven months on it, as Staff proposes. Much needed revisions have already been postponed for almost two years. Meanwhile, new cell tower applications continue to arrive and continue to be approved on the basis of a weak, out-of-date ordinance. The time has come to protect the quality of life in Palo Alto's neighborhoods by passing a strong wireless ordinance, one that restores subjective aesthetic standards, one that keeps cell towers a lot further than 20 feet from people's homes, and one that fully exercises the rights to which every municipality is entitled. Thank you for your consideration. Please let me know if you have any questions. BE b Changelab Solutions Lc1w & policy innovation for !;J;ie common good. GA Changelab Solutions and Healthy Food America March 2016 EALTHYFOOD AMERICA Moving Science to Action r> INKS ACKNOWLEDGMENTS Best Practices in Designing Local Taxes on Sugary Drinks was written by Ian McLaughlin, staff attorney of ChangeLab Solutions, and Jim Krieger, MD, MPH, executive director of Healthy Food America, with additional contributions by Susan Mottet, JD, and was edited by David Goldberg, MS. The document benefitted immeasurably from input and discussion among these noted experts in the arena of sugary drinks taxes: • Julie Ralston Aoki, JD, Staff Attorney, Public Health Law Center • Jill Birnbaum, JD, Vice President, Office of State Advocacy and Health Initiative, American Heart Association • Doug Blanke, JD, Director, Public Health Law Center • Kelly Brownell, PhD, Dean, Sanford School of Public Policy, Duke University • Frank Chaloupka, PhD, Distinguished Prof. and Director, Health Policy Center, University of Illinois at Chicago • Joshua R. Daniels, JD, Campaign Co-Chair, Yes on Measure D (Berkeley, CA's sugary drinks tax) • Roberta R. Friedman, ScM, Policy Director, UConn Rudd Center for Food Policy and Obesity • Harold Goldstein, DrPH, Executive Director, California Center for Public Health Advocacy • Deborah Hornor, Mission Advancement Director, American Heart Association • Michael F. Jacobson, PhD, President, Center for Science in the Public Interest • Laurie Whitsel, Director of Policy Research, American Heart Association Changelab Solutions is a nonprofit organization that provides legal information on matters relating to public health. The legal information in this document does not constitute legal advice or legal representation. For legal advice, readers should consult a lawyer in their state. More at www.changelabsolutions.org Best Practices in Designing Local Taxes on Sugary Drinks • 2 INTRODUCTION Action for Healthy Food, Healthy Food America and Changelab Solutions collaborated to produce this analysis to identify best practices for designing taxes on sugary drinks as a strategy to improve public health. Our intent is to help communities develop tax legislation that will be both effective and workable for their constituencies. While this analysis focuses primarily on local taxes, much of the discussion is relevant for the development of state taxes. A critical first step when considering a local tax is to review state law to determine what kinds of taxes are authorized for local governments in your state. Whereas states have broad authority to impose almost any type of tax, local governments can only impose taxes that have been specifically authorized by the state legislature or state constitution. Some states grant relatively broad authority for some local taxes (such as business license taxes, which are allowed in every municipality in California), whereas other states require specific state enabling legislation for each local tax. Therefore, it is essential that any local jurisdiction considering a tax consult with a local municipal tax expert to ascertain the available tax options. When crafting a tax law, there are numerous policy considerations that will affect the scope and breadth of the tax, and also the disposition of the proceeds. This document discusses these critical policy considerations, including the effect of adopting different provisions; legal, administrative, and political considerations; and other factors. These policy considerations were reviewed and discussed by a panel of public health, legal, and advocacy professionals with expertise in various aspects of sugary drink taxes. When possible, we sought consensus recommendations from the panel, although consensus was not always attained. The input from the panel of experts is woven throughout the discussion in this document, and areas where there was consensus are noted. It is important to note that this is not a political strategy document, and that "best practices" are so labeled from the perspective of public health policy. Nonetheless, we make note of some relevant political and administrative considerations. WHAT TYPE OF TAX TO EMPLOY? The specific type of tax a local government should pursue will depend almost entirely on what has been authorized in its state. Assuming there is authority to impose a tax, there is a fundamental decision whether to pursue an excise tax or a sales tax. An excise tax is imposed on businesses for the privilege of conducting commercial activity such as distributing or selling sugary drinks. A sales tax is imposed on consumers, calculated as a percentage of the retail sales price, and collected by retailers at the time of sale. The consensus in the literature on sugary drink taxes is that an excise tax is preferred as it is more likely to achieve the desired result of reduced consumption.1 Excise taxes can result in an increase in the shelf price of the taxed item if businesses decide to pass the tax through to consumers in the retail shelf price of the product. Best Practices in Designing Local Taxes on Sugary Drinks • 3 It may be possible in some states to require that the tax be passed through to the consumer, but this approach raises questions of how it can be practically enforced, and more importantly, whether it is legal. Answering these questions requires an analysis of state law by legal counsel. For example, it is possible that a court would interpret an excise tax with a pass-through provision to operate functionally as a sales tax; if local sales taxes are preempted in your state, the court could invalidate the tax. Sales taxes, which are charged to consumers as a percentage of the sales price of taxable items, have a number of drawbacks and are not a strong strategy for reducing consumption and conveying a message about the product's health risks. First, a sales tax is always imposed on consumers and does not result in a higher shelf price for the taxed goods. In addition, in some states there is a cap on the total sales tax amount and many jurisdictions are at that cap, so additional sales taxes would not be feasible. Sales tax caps may also limit the size of the tax, thus eliminating the possibility of imposing a tax large enough to meaningfully change consumption. Despite these disadvantages, in communities where a local excise tax is not feasible (due to pre-emption or other reasons), a sales tax may be the only viable option. If that is the case, in theory a sales tax could be set high enough to reduce sugary drink consumption (i.e., at least 20 percent of the price of an item) and coupled with a requirement that the shelf price reflect the after-tax price, or that the retailer post signs on the shelves to alert consumers that the beverage will be taxed at that higher rate at the register. It should be noted that these features are rarely, if ever, included in sales taxes. One advantage of sales taxes is that most states have administrative mechanisms already in place for the collection of sales taxes, which could ease administration of a local sales tax. For an excise tax, the government will likely need to create new procedures and mechanisms to collect the tax. Finally, because sales taxes are fairly common, it may be politically easier to impose or increase a sales tax than to impose an excise tax. BEST PRACTICE RECOMMENDATION: An excise tax imposed on businesses selling sugary drinks is the best type of sugary drink tax and is preferable to a sales tax. If an excise tax is not feasible, a sales ta" is preferable to no tax if the tax rate is sufficient to raise the price by 20 percent, and if a meaningful amount of the proceeds is dedicated to health initiatives such as chronic disease prevention. However, we recognize that there is no one-size-fits-all approach. Advocates should craft the tax in the context of local circumstances and preferences. Best Practices in Designing Local Taxes on Sugary Drinks • 4 DEFINING BEVERAGES SUBJECT TO THE TAX A key early step in writing the tax legislation is defining the "sugar-sweetened beverages" subject to the tax, consistent with the evidence of the effects of the beverages on metabolism and health. The baseline definition that has commonly been used as a starting point is all nonalcoholic beverages with any added caloric sweetener, and necessary exemptions are carved out from there. Medically necessary beverages and infant formula are typically exempt from all tax proposals. A tax law typically is permitted to include exemptions, even when they may seem somewhat arbitrary, so long as it includes specific findings to support the exemption. However, even when exemptions are legal, the perception that the list of taxed products is arbitrary can present political challenges. From a public health policy perspective, our expert panel advocates for a graduated tax based on the amount of added sugars contained in the container or serving (e.g. 2 cents per teaspoon). Using this approach makes it less important to completely exempt low-sugar beverages, as those beverages would be taxed at a lower rate than high-sugar beverages. It also provides an incentive for sugary drink producers to offer lower-sugar products. However, this approach may not be legally feasible, depending on the state's tax laws. Moreover, it also is likely to be more difficult to administer, which is an important consideration. If the tax is imposed on fruit drinks and flavored milks -which may have both naturally occurring and added sugars -it will be very difficult for a tax department to determine how much sugar is subject to the tax. (That job could be made easier if and when added sugars are included on the Nutrition Facts Panel.)2 If 100 percent fruit juices and flavored milks are exempt, all of the taxed beverages will contain added sugars and in many, nearly all of the "total sugar" on the label will be added sugars, so this approach would be feasible even if the Nutrition Facts Panel is not amended to include "added sugars." Taxing each ounce of product-rather than each unit of added sugar -is an all-or-nothing approach that makes some of the exemptions in the definition more important. (See the "tax base" discussion below.) Some volume-based proposals have set a sugar threshold and would only impose the tax on beverages with added sugar content that exceeds that amount. Setting a threshold in a volume-based tax could provide an incentive for the industry to produce lower-sugar beverages, because beverages below the threshold would not be taxed at all. Where to set the threshold is a health policy question in its own right. An expert panel convened in 2013 by the Robert Wood Johnson Foundation to establish recommendations for healthier beverages suggests that for adults and adolescents, beverages should contain no more than 40 calories per container.3 Since one gram of sugar contains 4 calories, the threshold under this recommendation would be no more than 10 grams, or approximately 2.5 teaspoons, of sugar per container. Best Practices in Designing Local Taxes on Sugary Drinks • 5 Flavored milks, 100 percent fruit juices, and low calorie/sugar beverages (including zero calorie beverages with non-nutritive sweeteners) often have been exempted. Research regarding the metabolic and health effects of flavored milks and 100 percent fruit juices is evolving. While many experts believe that their health effects are not significantly different from other sugary drinks, the current evidence is mixed, and recommendations and guidelines from expert groups and professional associations vary. It is therefore up to each jurisdiction to make its own judgment of the current evidence and its own determination whether to include these types of beverages. There is also consensus among those who have run tax campaigns that it is important to "keep it simple." To some members of our expert panel, this means that beverages that are widely perceived as "healthy," such as milk and juice, should be exempt. Finally, alcoholic beverages, which are subject to existing excise taxes in comprehensive regulatory regimes in most states, are typically exempt from sugary drink tax proposals. Syrups and Powders The second definitional issue is whether, and how, to tax powders and syrups used to make sugary drinks. There is consensus to impose the tax on syrups used in soda fountains to make sugary drinks. Be aware, however, that this means that restaurants with self-serve fountain soda would have to decide whether and how to charge different prices for sugary and sugar-free beverages. There is no consensus whether to tax syrups and powders used by a business to make other sugary drinks, such as Italian soda or flavored coffee drink. Although the expert panel generally agreed that it makes sense from a public health perspective to tax them, it may be difficult to ascertain the quantity of drinks made from these types of syrups and powders absent a specific formula or manufacturer's instructions. Also, as with juices and milks, the public may not perceive these types of drinks in the same way as soda. Because there is no consensus on this specific issue, consultation with tax policy design experts is recommended. Panel members advised against imposing the tax on syrups and powders that are intended for use within the home, such as Tang powder. From a public health perspective it makes sense to include these types of syrups and powders, but doing so may prompt more political resistance to the tax. BEST PRACTICE RECOMMENDATION: At a minimum, a strong tax shol:lld include caloric sodas, sports drinks, fruit drinks, energy drinks, sweetened teas and coffees, as well as syrups and powders used by businesses to make such beverages. If pursuing a volume-based tax, a jurisdiGtion needs to decide whether to exempt beverages below a minimum sugar content. Regardless of ty9e of tax, a jurisdiction needs to consider whether to include 100 percent juices and flavored milks. Best Practices in Designing Local Taxes on Sugary Drinks • 6 DEFINING THE TAX BASE The tax base is the measure upon which the tax liability (the amount to be paid) is calculated. Volume: Tax per ounce Most recent tax legislation has proposed to levy the tax on each ounce of beverage sold, regardless of amount of sugar. While simple to calculate, this approach taxes beverages with very high amounts of sugar at the same rate as low-sugar beverages (at least those above a threshold sugar content, if one is included.) Sugar content: Tax per gram or teaspoon of [added] sugar An alternative is to base the tax on the amount of sugar by levying the tax on each gram (or teaspoon) of added sugar. The expert panel generally agreed that this approach makes more sense from a public health policy perspective. It is important to understand state law prior to pursuing this approach, as it may not be legally feasible for local governments in some jurisdictions. A tax based on sugar content is slightly more difficult to administer than a per-ounce tax but from a public health standpoint is more rational -the more sugar a beverage contains, the higher the tax for that beverage. It also may contribute to public awareness that sugar is an underlying health concern, and it may provide an incentive for industry to produce and market lower-sugar products. A tax based on sugar content may be useful in raising the issue of sugar and health more broadly, but also could make it more difficult to make the case for taxing sugary drinks and not other products with sugar. As the general public understands the amount of sugar in a teaspoon more readily than in a gram, basing the tax rate on sugar content measured by teaspoons, rather than grams, is preferable. As discussed above (in the section "Defining Beverages Subject to the Tax"), a tax based on amount of sugar becomes more complicated when a beverage contains both added sugars and naturally occurring sugars, as in flavored milk, which contains lactose naturally. In that case officials could simply ask marketers to provide the amount of added sugars their products contain, and in the event of noncompliance either estimate the taxable content or tax the full amount of sugar. However, this is only a concern if flavored milk products and fruit drinks are included, and could be obviated should the FDA require added sugars to be noted on the Nutrition Facts Panel. BEST PRACTICE RECOMMENDATION: Although a per-ounce tax on volume is easy to understand and administer, there is consensus that a tax based on the amount of sugar in a beverage is more rational from a public health standpoint and therefore preferable. However, a jurisdiction considering this approach should note that a tax based on sugar content is slightly more difficult to administer than a volume-based tax, and local jurisdictions must analyze the legal feasibility of this approach under state law. Other political considerations -such as whether lawmakers or voters understand or support one tax base more than another -may also apply to this decision. See Tables 1 A and B for a comparison of methods for defining the tax base using 1 and 2 cents. Best Practices in Designing Local Taxes on Sugary Drinks • 7 TAX RATE Discussions about the proper tax rate typically focus on two issues: the amount of revenue to be raised, and whether and to what degree the rate is sufficient to reduce consumption. By using the tax base, tax rate, and sales data, the potential revenue is relatively simple to calculate, though this information may not be readily available. One should also take into consideration that a well-designed sugary drink tax will likely suppress consumption and will thereby reduce revenue from the tax over time. The Rudd Center for Food Policy and Obesity has developed an online tax calculator that can help calculate the amount of revenue that would be raised by a tax in your jurisdiction.4 The issue of what level of tax will produce a sufficient reduction in consumption is much more difficult to analyze. Most experts agree that the price of a sugary drink must increase by at least 20 percent to meaningfully affect consumption patterns and health outcomes .5 When taxing by volume, a tax rate of two cents per ounce will result in a roughly 20 percent increase in the purchase price, if all of the tax is passed on to consumers in the shelf price. In many jurisdictions, polling shows equal support for rates of one-and two-cents-per-ounce. When the tax is based on sugar content, a half-cent per gram (or 2.5 cents per teaspoon) yields about a 20 percent tax rate, based on the price and sugar content of popular sugary drink products. The best way to get a sense of how a per-gram tax may affect prices is to visit local retailers and get a sampling of prices for popular drinks. By looking at their sugar content you can get a sense of how certain per-gram or per-teaspoon rates may affect price. In Table lB, you can see that, though the two products are comparable in price, a tax on amount of sugar raises the price for a 20-oz. Coca-Cola more than for a 20-oz. Vitaminwater, which has half the sugar. Although Red Bull and Coke have the same sugar content and Red Bull has twice the sugar of Vitaminwater, a 20 oz. Red Bull has the smallest percent price increase because the drink is significantly more expensive than Coke and Vitaminwater. Note that most of the literature and modeling that discusses a potential reduction in consumption focuses on the potential effect of a specific percent price increase for the beverages subject to the tax. The actual increase in price produced by a given tax rate depends on the proportion of the tax that is passed through and the base price of the drink. Regardless of what type of tax is imposed, it is not yet clear how much the sales price might increase because of uncertainty in the exact proportion of pass-through.6 Economists suggest that the larger the jurisdiction, the more likely the full amount of tax will be passed on to the consumer. Best Practices in Designing Local Taxes on Sugary Drinks • 8 As noted above, the tax law could conceivably mandate that the tax be "passed through" to businesses further down the distribution chain and ultimately to consumers. Even with mandatory pass-through language, the beverage industry retains control over the base costs and wholesale prices of the beverages, and could lower those to blunt the effects of the tax. Therefore, absent adoption of an actual minimum price law (which sets a statutory minimum price for retail sales of sugary drinks), a jurisdiction setting a tax rate must acknowledge this uncertainty. There is also consensus that the tax rate should be automatically adjusted for inflation. Table 1: Comparison of Methods for Defining the Tax Base Using 1 and 2 Cents The tables below are included for illustration purposes only. Prices and preferences for different types of beverages vary across the US and will impact revenue generation and the percent by which prices increase. Price data were collected in January 2016 from a Safeway grocery store in Seattle, WA and may not represent prices across the US. A. ·-·· .... •• .,4 .... i:;,1 Product Size & Type Price Coca-Cola $ 1.17 $ 12 oz 391! su,iar Coca-Cola $ 1.99 $ 2l/72oz 2341! sul!ar Mountain Dew $ 1.89 $ 20 oz 7711. suaar Coca-Cola $ 1.89 $ 20 oz 6511. sugar Red Bull $ 4.29 $ 20 oz 65g sugar VitamlnWater $ 1.39 $ 20 oz 32g sugar B. . -· ••••••-•'-\!JK• :•r~•• i1 Praduct Size & Type Price Coca-Cola $ 1.17 $ 12 oz 39,t / 9 tsp suitar Coca-Cola $ 1.99 $ 2l/72oz 234g / 56 tsp sugar Mountain Dew $ 1.89 $ 20 oz 77g / 18 tsp sugar Coca-Cola $ 1.89 s 20 oz 65g / 16 tsp sugar Red Bull $ 4.29 s 20 oz 6Sg / 16 tsp sugar VitaminWater s 1.39 s 20 oz 32g / 8 tsp sugar •u ua::.-.~ . ,, ... 1 cent per oz. ta)( price Increase 0.12 10% 0.72 36% 0.20 11% 0.20 11% 0.20 5% 0.20 14% 111111, .. , .... L!J~i'W 1 cent per teaspoon tax orice increase 0.09 8% 0.56 28% 0.18 10% 0.16 8% 0 .16 4% 0.08 6% $ $ $ $ $ $ $ $ $ $ $ $ H tll~ • t.J ~§j ffiI!nil, 2 cent per oz. ta)( orice increase 0.24 21% 1.44 72% 0.40 21% 0.40 21% 0.40 9% 0.40 29% •u1 ............... ·1u11.1.'1I U7 2 cent per teaspoon ta)( orice increase 0.18 15% 1.12 56% 0.36 19% 0.32 17% 0.32 7% 0.16 12% * In Berkeley, the sugary drink tax was on average passed through at 69%. If the tax is not passed through at 100%, a higher tax rate may be necessary to raise the price of products sufficiently to have an impact on consumption. For example, at 69% pass through, a two-cent-per-ounce tax on a 20 oz. Coke would only increase the price by 15%, somewhat less than desired. BEST PRACTICE RECOMMENDATION: While there is no ideal, uniform "best" rate, a tax that equals 20 percent of the price of the beverage is the appropriate starting point. Best Practices in Designing Local Taxes on Sugary Drinks • 9 WHAT BUSINESSES ARE REQUIRED TO PAY THE TAX? Assuming an excise tax is proposed, another decision is whether to impose the tax on wholesalers/distributors or on retailers. (Sales taxes are paid by consumers.) There are both policy and legal considerations in deciding this issue and input from local legal counsel is advised. Applying the tax to wholesalers/distributors is potentially simpler to administer because there are fewer (generally larger) taxpayers. These larger businesses are better equipped to compute and pay the tax they owe . From a political standpoint, it may be easier to explain the tax as being "on the industry" rather than on local mom-and-pop businesses. However, there are several potential issues that arise with a tax on wholesalers/distributors. One potential disadvantage is that it may be difficult to identify all the wholesalers and distributors, particularly common carriers such as a trucking company with no affiliation with the soda industry.7 At the same time, some distribution occurs within a single company, such as store brand sodas transferred from a company-owned warehouse to a retail outlet within a large chain. The taxable event should be defined broadly enough to capture these intracompany transfers. Finally, some retailers travel to neighboring cities or counties to purchase their stock and therefore would not be a defined wholesaler or distributor in those instances . In such cases, the retailer could be made liable for the tax, to ensure that all eligible beverages are taxed. For local jurisdictions, imposing the tax on retail businesses rather than distributors forecloses any legal argument that the payors are not subject to the city or county levies. Most retail businesses are also already required to obtain a general business license and they can therefore be more readily identified. (Many wholesalers/distributors also obtain business licenses, but not all of them.) However, applying a tax to retailers could be politically more difficult as it is a tax on local, often small businesses, and may also be more difficult to collect because there are more taxpayers (i.e., more retailers than distributors). Some retailers may also find it difficult to implement and remit the tax . Further, if levied at the retail level, it is more difficult to ensure that the shelf price reflects the tax. BEST PRACTICE RECOMMENDATION: There is consensus that wherever possible, the tax should be imposed on wholesalers/distributors. These businesses must be carefully defined to ensure that only those with a presence in the jurisdiction are taxed, and that the tax is on distribution rather than transportation. Moreover, the tax ordinance should include language to capture products that are distributed internally, or that are purchased by retailers from outside the juriisdiction. EXEMPTION FOR SMALL BUSINESSES In California it is not uncommon to exempt very small businesses (below a certain level of annual gross sales, typically $100,000) from business license taxes. While supporters may find it politically advantageous to include such an exemption, the impact on the efficacy of the sugary drinks tax will be a local political and policy calculation. Best Practices in Designing Local Taxes on Sugary Drinks • 10 EARMARKING TAX PROCEEDS Another key policy decision -with legal considerations as well -is whether to earmark the revenue, and for what purposes. One approach has been to dedicate the proceeds in the law to support activities and programs aimed at improving population health. Various proposals ha ve directed revenue toward chronic disease/obesity prevention, public health funding in general, and increase d access to individual health insurance (e.g. Medicaid). Earmarking can also direct tax proceeds to t he communities that disproportionately bear the burden of conditions such as diabetes and ob esity that are associated with overconsumption of sugary beverages. Our experts agree that a meaning ful amount of the tax revenue should support prevention of chronic disease and/or obesity. However, political considerations in the context of a specific tax initiative may require negotiations and compromises on the dedication target(s) or even whether revenues should be dedicated at all (versus contributing t o the General Fund). Dedication is the most certain mechanism to ensure that health initiatives are funded, but may limit flexibility for addressing changing priorities over time. Dedication may also pose legal and political problems in certain jurisdictions. An alternative strategy is to create a pt1n el of experts to provide input on the process of allocating proceeds. If the tax proceeds are not earmarked, such a panel can make recommendations to the legislative body about how to spend the fund s. Even if the tax proceeds are earmarked, a panel of experts can provide recommendations about ho w funds are used and disbursed, and serve as a point of accountability to assure that the entities that receive funds are using them as intended. While there is consensus that a significant portion, if not all, of the tax proceeds should be directed to vulnerable populations, there is no consensus on the specific entities or programs that should receive the proceeds. This is a decision best made in the specific context of a jurisdic tion designing the tax. Note: In California there are different and more onerous procedural requirements for imposing taxes with the proceeds earmarked. This may be the case in other states. __ ____;::B:;..:--EST PRACTICE RECOMMENDATION:._~ There is consensus that tax proceeds should be earimarked for public health policies and programs that address the health conditions caused by sugary drinks and directed to communities that disproportionately suffer from sugar-related chronic disease, but no consensus about the exact type of programs and whether the tax is not worth pursuing without earmarking. We recommend dedication or including alternative mechanisms to direct all or at least a meaningful amount of the revenues to health initiatives. However, we recognize that there is no one-size-fits-all approach. Adv ,cates should craft the tax in the context of local circumstances and pr:eferences. Best Practices in Designing Local Taxes on Sugary Drinks • 11 FOOTNOTES 1. The term "excise tax" encompasses many different types of taxes -gross receipts tax, business license tax, business and occupations tax, business privilege tax, and fees (e.g. the language used in California: business license fee, health impact fee) -to name a few. Although lacking a precise and universal definition, a common element of most excise taxes is that they are usually imposed on businesses for the privilege of operating the business or for the privilege of selling a specific product. 2. Note that at the time of this publication, the FDA has already begun a rulemaking process to include "added sugars" on the Nutrition Facts Panel. http://www. f da .gov /Food/Guida nee Regu lation/G uid ance Documents Regula toryl n formation/Lab eli ngN utrition/ u c m385663.htm 3. See "Recommendations for Healthier Beverages," available at: http://childhoodobesity2015.com/docs/uploads/WSl.1-Fox. Handout.SS2013 %20Orde rSum mary .pdf 4. Available at: http://uconnruddcenter.org/revenue-ca lcu lator-for-suga r-sweetened-beverage-taxes 5. Long MW, Gortmaker SL, Ward ZJ, et al. Cost Effectiveness of a Sugar-Sweetened Beverage Excise Tax in the U.S. Am J Prev Med. 2015 Jul; 49(1):112-23 6. Falbe J, Rojas N, Grummon AH, Madsen KA. Higher Retail Prices of Sugar-Sweetened Beverages 3 Months After Implementation of an Excise Tax in Berkeley, California. Am J Public Health. 2015 Oct 7;105(11):2194-201. 7. Also, in some states, such as California, local jurisdictions cannot impose taxes on transportation businesses, so the tax proposal must be structured so as not to impose the tax on transporta ion, but rather on distribution. Best Practices in Desir_ ning Local Taxes on Sugary Drinks • 12 11/5/,11, 3:03 r.M How do state and local soda taxes work? I Tax Policy Center THE TAX POLICY CENTER'S Briefing Book · A citizen's guide to the fascinating (though often complex) elements of the US tax system. TAX POLICY CENTER BRIEFING BOOK The State of State ~and Local) :fax Policy Table of Contents <http:/ /www.taxpolicycenter.org/brie fing-book> How do state anc· local soda taxes work? SPECIFIC STATE AND LOCAL TAXES < <http://www.taxpolicycenter.org/briefing- book/how-do-state-and-local-severance-taxes- work> 8/9 > <http://www.taxpolicycenter.org/briefing- book/how-do-marijuana-taxes-work> a. How do state and local soda taxes work? A. While no state currently taxes sweetened beverages, several localities levy what's commonly referred to as a soda tax. Six local governments levy a per volume excise tax on drinks sweetened with https://www.taxpollcycenter.org/brlefing-book/ho·v-do-state-and-local-soda-taxes-work 1/5 11/5l21, 3:03 fi'M How do state and local soda taxes work? I Tax Policy Center sugar and one go"ernment levies a per volume tax on all sweetened drinks. HOW MUCH REVENUE DO STATE AND LOCAL GOVERNMENTS RAISE FROM SODA TAXES? No state currently has an P.xcise tax on sugar-sweetened beverages. Instead, soda taxes are levied locally in Boulder, c~lorado; the District of Columbia; Philadelphia, Pennsylvania; Seattle, Washington; and four California cities: Albany, Berkeley, Oakland, and San Francisco. Annual soda tax revenue ranges from about $2 million in Berkeley to $75 million in Philadelphia, but this ran£3 is almost entirely a function of each city's population. In each locality the tax accounts f-7r 1 percent or less of own-source revenue. (Own-source revenue excludes intergovernmental transfers.) HOW DO SODA TAX RA:'ES DIFFER? Except for the District of ':olumbia, these local soda taxes are based on a drink's volume. Tax rates range from 1 cent per ounce in all four California jurisdictions to 2 cents per ounce in Boulder (table 1). For con :entrates (i.e., fountain soda), the tax is typically applied to the maximum volume the syrl'? can produce. As with state alcohol taxes, distributors or wholesalers pay the tax w;,en they deliver products to retailers. The expectation is that much or all of the tax on soda is then passed on to customers in the form of higher retail prices. The District of Columbia levies a special 8 percent sales tax on the retail purchases of soda. (The city's general sales tax rat-:, is 6 percent.) However, the DC Council is considering changing this to a per-ounce tax. https://www.taxpollcycenter.org/brlefing-book/hc·11-do-state-and-local-soda-taxes-work 2/5 11/5/?-1, 3:03 ~M How do state and local soda taxes work? I Tax Polley Center TABLE 1 Soda Tax Rates City Tax;·rate Eligible drinks Paid by Albany, CA 1 cent per ounce Sugar-sweetened beverages Distributors Berkeley, CA 1 cent per ounce Sugar-sweetened beverages Distributors Boulder, CO 2 cents per ounce Sugar-sweetened beverages Distributors Oakland, CA 1 cent per ounce Sugar-sweetened beverages Distributors Philadelphia, PA 1.5 cents per ounce Sweetened beverages (includes diet drinks) Distributors San Francisco, CA 1 c£nt per ounce Sugar-sweetened beverages Distributors Seattle, WA 1. 75 cents per ounce Sugar-sweetened beverages Distributors Washington, DC 8 percent sales tax Sweetened beverages (includes diet drinks) Consumers Source: City government websites. Notes: Every jurisdiction exempts certain drinks such as milk. Seattle's tax is on "sweetened beverges• but their definition of these drinks only includes drinks with "caloric sweetener.• Manufacturers in Seattle can apply for a lower rate based on gross Each jurisdiction exempts some beverages from its tax, including alcoholic beverages, milk, infant formula, and drinks for medical purposes (not including sports and energy drinks). The tax base in Philadelphia ar.d the District of Columbia is notably larger than in other jurisdictions because they include any ::,everage with real or artificial sweeteners, and thus the tax applies to diet sodas. In the other six localities, a drink is only taxed if the sweetener adds calories. Further, some jurisdictions only tax drinks if the drink surpasses a calorie minimum (e.g., 2 calories per ounce in Berk'Jley). Cook County, Illinois (whi~h includes Chicago), passed a 1 cent per ounce soda tax in November 2016. However, that tax was in effect for only a few months before the county board reversed itself and :-epealed it in October 2017. Arizona and Michigan preemptively blocked local governments from enacting soda taxes. California, despite already having four local soda taxes, passed legislation in June 2018 banning any new locality f ~om establishing a tax for 12 years. Washington voters also approved a ban on local soda taxes in November 2018. The ban does not affect Seattle's soda tax, though. Oregon voters rejected a similar ballot initiative that would have preemptively :,locked local soda taxes. WHAT ARE OTHER OPTIONS FOR TAXING SODA? Most current soda taxes in the United States are based on an eligible drink's volume and not its sugar content. That is, an eight-ounce drink with two teaspoons of sugar (e.g., iced tea) is taxed the same rate as an eight-ounce drink with seven teaspoons of sugar (e.g., soda). This https://www.taxpollcycenter.org/brleflng-book/ho·•1-do-state-and-local-soda-taxes-work 3/5 11/5~21, 3:03 l;'M How do state and local soda taxes work? I Tax Policy Center tax is simple and allows d::rtributors to collect a set amount based on sales. It also works well if the government's primary goal is raising tax revenue. Notably, Philadelphia's tax, which taxes all sweetened beverages bcluding diet drinks, is specifically designed to generate revenue. In fact, the tax was sold as 2 means for funding education programs <http://www.taxpolicycenter.org/taxvox/philadelphias-soda-tax-shouldnt-take-klds-out-classroom> and not primarily for improving he'llth outcomes. However, if the primary goal of the tax is improving public health by reducing sugar consumption, governments should consider taxing a beverage's sugar content <http://www.taxpolicycenter.org/publications/pros-and-cons-taxing-sweetened-beverages-based-sugar-content- 0>. Taxing sugar content could encourage consumers to choose lower-sugar options and possibly encourage manufacturers, distributors, and retailers to stock and market more healthy options. The government could tax each unit of sugar or create a tiered system-similar to the different tax rates on liquor, wine, and beer. Taxes in Hungary, South Africa, and the United Kingdom are based on sugar content. WHAT ARE THE OBJECT~ONS TO TAXING SODA? Soda taxes tend to be resressive because lower-income consumers spend a larger share of their income on the tax th'3n higher-income consumers. Further, families with lower incomes typically spend more of their income on groceries-specifically, on products like sugar- sweetened beverages. However, policymakers could soften the regressivity of the tax by using the revenue for targeted tax relief (e.g., the earned income tax credit) or spending it on programs aimed at lower-:ncome communities. Further, the tax might encourage the purchases of healthier beverages and thus amplify positive public health effects for this group. Also, while sugar is consis·::ently identified as contributing to obesity, it is not the only factor. And the health effects anc-: medical costs of obesity are not uniform. Some consumers with no risk of harm or medical cost will pay the tax. Meanwhile, others may substitute equally or more unhealthy options (such as alcohol) to avoid the tax. Updated May 2020 Further Reading https://www.taxpollcycenter.org/brleflng-book/ho·v-do-state-and-local-soda-taxes-work 4/5 11/5(21, 3:03 PM How do state and local soda taxes work? I Tax Polley Center Auxier, Richard and John 1:;elin. 2018. "Philadelphia's Soda Tax Shouldn't Take Kids Out of the Classroom <http://www.taxp-,licycenter.org/taxvox/philadelphias-soda-tax-shouldnt-take-kids-out-classroom>." TaxVox (blog). March 12. Dadayan, Lucy. 2019. "An States Betting on Sin? The Murky Future of State Taxation. 11 <http://www.taxpolicycenter.org/publications/are-states-betting-sin-murky-future-state-taxation> Washington, DC: Urban-Brookings Tax Policy Center. Francis, Norton, Donald W.arron, and Kim 5. Rueben. 2016. "The Pros and Cons of Taxing Sweetened Beverages Based on Sugar Content." <http://www.taxpolicycenter.org/publications/pros- and-cons-taxing-sweetened-be•:erages-based-sugar-content-0> Washington, DC: Urban-Brookings Tax Policy Center. Marron, Donald. 2016. "Building a Better Soda Tax <http://www.taxpolicycenter.org/taxvox/building- better-soda-tax>." TaxVox (b 10g), December 12. Marron, Donald, Maeve Gearing, and John lselin. 2015. "Should We Tax Unhealthy Food and Orin ks?" <http://www.taxpol:~center.org/publications/should-we-tax-unhealthy-foods-and-drinks> Washington, DC: Urban-B:-ookings Tax Policy Center. < READ PREVIOUS How do state and local ceverance taxes work? <http://www.taxpolicycente;.org/briefing-book/how-do-state-and-local-severance-taxes-work> READNEXT > How do marijuana taxe•; work? <http://www.taxpolicycente:r.org/briefing-book/how-do-marijuana-taxes-work> C Urban Institute, Brookings lnstit'.rtion, and individual authors, 2021. https://www.taxpollcycenter.org/brleflng-book/how-do-state-and-local-soda-taxes-work 5/5 11/5/21, 3:00 PM Sugar Sweetened Beverage Tax I City of Boulder COVID-19 Update for Taxpayers The Sales Tax building will be closed to the public until further notice. However, staff will be working between the hours of 8 a.m. and 5 p.m., Monday through Friday, and will continue to respond to voicemails and emails in the order in which they are received. For faster service, please contact us via email at salestax@bouldercolorado.gov. > ReadMore • BOULDER Home > Services Sugar Sweetened Beverage ~ax Contact NAME Finance https://bouldercolorado.gov/servlces/sugar-sweetened-beverage-tax 1rT 11/5/21, 3:00 PM PHONE 303-441-3050 HOURS Mon-Fri: 8:00 am to 5:00 pm Sugar Sweetened Beverage Tax I City of Boulder About the Sugar Sweetened Beverage Tax The Sugar Sweetened Beverage Product Distribution Tax is a voter-initiated tax that was adopted by Boulder voters in the November 2016 election. Sales and Use Tax Home The Sugar Sweetened Beverage Distribution Tax places a two cents per ounce excise tax on the distribution of beverages with added sugar and other sweeteners. The tax took effect on July 1, 2017 and revenue is spent on health promotion, general wellness programs and chronic disease prevention that improve health equity, and other health programs especially for residents with low income and those most affected by chronic disease linked to sugary drink consumption. What is the Sugar Sweetened Beverage Product Tax (SSB Tax)? Who is responsible for paying the SSB tax? The distributor of sugar-sweetened beverage products is responsible to pay the tax imposed on each non-exempt distribution of a sugar-sweetened beverage product in the city. If there is a chain of distribution within the city https://bouldercolorado.gov/servlces/sugar-sweetened-beverage-tax V 11/5/21, 3:00 PM Sugar Sweetened Beverage Tax I City of Boulder , 11 IVUWll ll;; 11 IUI C l.l lC11 I UI IC Ul:)l.l lUUl.Ul1 l.l IC l.C1A 1::, ICVICU UI I l.l IC 111 ::,l, Ul:)l.l lUUl.UI subject to the jurisdiction of the city. If the tax is not paid by the first distributor for any reaso!1, it is levied on subsequent distributors, provided that the distribution of sugar-sweetened beverage products may not be taxed more than once in the chain of commerce within the city. The city's interpretation of the definition of "distribution" includes retailers obtaining and bringing the beverages into the city themselves {"self-distributors"}. The Boulder City Council is currently considering amendments to the ordinance that will further define and clarify "distribution" to include various self- distribution scenarios. Distributors are free to pass the added cost of the SSB Tax on to retailers. Likewise, retailers may or may not pass the cost along to their consumers. What is the tax rate and how is it calculated? Where will the revenue go? According to the ballot measure, funds generated from the tax will cover the administrative cost of the tax. Additional revenue must be used to improve health equity in Boulder through the support of health promotion, general wellness programs and chronic disease prevention. The city established the Health EqY.it.Y. Fund to allocate SSB Tax revenue in alignment with this legislative intent. The city defines health equity as "the absence of systematic health disparities based on socio-economic factors, and the ability of all residents to reach their full health potential, regardless of their life circumstances." Most Health Equity Funo funding allocations are made to Boulder non-profit organizations, agencies or institutions through a competitive annual fund round. Programs must benefit community members experiencing health disparities. Funding recommendations are made by the City of Boulder's Health Equity Advisory Committee (HEAC}, a nine-member committee comprised of community members, appointed by the city manager, with diverse expertise in health disparity and health equity issues. H EAC members review funding applications and make recommendations to staff and the city manager based on the HEF funding criteria. https://bouldercolorado.gov/servlces/sugar-sweelened-beverage-tax V 3r, 11/5/21, 3:00 PM Sugar Sweetened Beverage Tax I City of Boulder For more information, please visit the Health Equity Fund webp.age. Am I a distributor? If you supply sweetened beverages wholesale to retailers in the City of Boulder, then you are a distributor. As a distributor, you are liable for payment of the Sugar Sweetened Beverage Product Distribution Tax (SSB Tax) on the distribution of sweetened beverages sold to retailers located in Boulder. 11 Distribution11 or "distribute" means the transfer of title or possession: From one business entity to another for consideration; or Within a single business entity, such as by a wholesale or warehousing unit to a retail outlet or between two or more employees or contractors; or Further definition of these terms is currently under consideration by City Council (ordinance 8184 scheduled for June 20, 2017). This would include the following: For products for which the SSB Tax tax imposed has not been paid by a prior distributer, "distribution" or "distribute" also means the placement of a product with a retailer of sugar-sweetened beverage product. The definition does not mean the retail sale to a consumer. Typical taxable distributions would include, but is not limited to: Delivery of syrup to fast food or other restaurants; Delivery of syrup to stores that sell fountain drinks; and Delivery of Bottled Sugar-Sweetened Beverage with added caloric sweeteners to retail outlets and restaurants. Purchase of Bottled Sugar-Sweetened Beverage or powders/syrups with added caloric sweeteners from unregistered distributors (self- distribution). https://bouldercolorado.gov/servlces/sugar-swectened-beverage-tax 4fl 11/5/21, 3:00 PM Sugar Sweetened Beverage Tax I City of Boulder What beverages are subject to the use tax? What do I need to know as a retailer? What do I need to know as a consumer? On Nov. 8, 2016, the residents of Boulder voted to approve a tax on sugar- sweetened beverage products distributed within the city. While the idea originated at a grassroots level, city staff dedicated efforts to clarify how best to administer the new tax once the ordinance passed. The sugar sweetened beverage tax is not a consumer sales tax The SSB Tax, often nicknamed the 11sugar tax11 or "soda tax," is NOT a sales tax charged directly to the consumer. Instead, this excise tax makes distributors of sugar-sweetened beverages pay a tax applied to the drinks they distribute within the City of Boulder which contain at least 5 grams of added caloric sweeteners (such as sugar and high-fructose corn syrup) per 12 fluid ounces. This definition includes products like soda, energy drinks and heavily presweetened tea, as well as the syrups and powders used to produce them, such as the boxed syrup used to make fountain drinks. Certain drinks such as infant formula, milk products, alcoholic beverages and 100 percent natural fruit and/or 100 percent vegetable juice are exempt. Consumers might see price increases in their sugar-sweetened drinks Distributors are free to pass or not pass the added cost of the SSB Tax on to retailers. Likewise, retailers may or may not pass the cost along to their consumers. The SSB Tax is not a one-size-fits-all tax; however, it is charged at a rate of two-cents-per-ounce. As a consumer, you may or may not see a rise in the cost of your beverage of choice. For example, diet soda is exempt as it does not have added sugar, the subject of this tax. However, a coffee drink containing syrups and added sugar may have a price increase. Boulder was one of the first US cities to pass this tax https://bouldercolorado.gov/servlces/sugar-sweetened-beverage-tax V V 5/7 11/5/21, 3:00 PM Sugar Sweetened Beverage Tax I City of Boulder Boulder was among the first U.S. cities to implement such a per-ounce tax on sugar-sweetened beverages. We1re following closely in the steps and learning from the experience of Philadelphia and Berkeley (among the first cities to pass such a tax), as well as alongside other cities currently implementing similar taxes in Cook County, Illinois and Oakland and Albany, California. We 1re the first to admit we1re learning as we go. City staff, along with the HEAC, will monitor administration of the tax and consider future revisions if significant issues arise. Related Documents Sugar Sweetened Beverage Tax Exemption Form PDF Sugar Sweetened Beverage FAQs PDF Related Services Sales and Use Tax https://bouldercolorado.gov/servlces/sugar-swee~ened-beverage-tax 6fT ' A. B. FINAL M~UTES (p /'f -i..o / 8 Return to Cou;1cil with language r a 2 percent Transient Occupancy Tax (TOT) re\'enue measure for the November 2018 ballot and an alternative of a 1 percent TOT measure along with a separate 1 percent tourisn fee; and Direct Staff tc increase enforcement of short term stay collection of TOT by the enci of 2019. MOTION AS AMENDED PASSED: 6-3 Holman, Kou, Tanaka no MOTION: Mayor K:1iss moved, seconded by Council Member Fine, to refer the concept of a suJar-sweetened beverage tax to the Policy and Services Committee for furtr. ~r analysis and a long-term plan for placement on a future ballot or not. Mayor Kniss expres~--~d concern that a Soda Tax was not ready for the 2018 ballot. She encounged deeper discussion so that a measure would be successfu I. Council Member Fin ·J concurred with Mayor Kniss. A Soda Tax was worth further exploration. It was helpful to identify uses for tax revenues first. Council Member We Ibach reluctantly supported the Motion. He, Council Members Holman, Tanaka, Mayor Kniss and himself had written a Colleagues' Memo b1,1t did not want to introduce it with this Motion. Careful consideration was n~eded to ensure success of a ballot measure, and that could not occur in 2C 18 because of time constraints. Council Member Dt·Bois remarked that the concept of the tax was to encourage healthy t:.?haviors. Other cities had imposed a Sugar-Sweetened Beverage Tax, and their efforts served as models for Palo Alto. Implementation war .. delayed until July 2019 or January 2020 so that processes for adminl._jtration and collection of information was determined. SUBSTITUTE MOTT.ON: Council Member DuBois moved, seconded by Council Member Hol.-nan to direct Staff to return to Council with a sugar- sweetened beverage tax modeled after the Berkeley tax with funds directed to the General Fund, funding parks, recreation, and community services. Ms. Stump recomme,ded the Substitute Motion specify a General Tax. Mr. Metz noted sL·ccessful ballot measures in other cities were not accompanied by ad,·isory measures. Ballot language for those measures created an advisory committee to make recommendations on use of tax revenues. Page 14 of 35 Sp. City Council Meeting Final Minutes: 06/04/18 FINAL MINUTES Ms. Stump remarke'.i that further discussion was needed to develop details of the measure. Pol:-:y considerations warranted some thought. Mr. Keene commer.ted that the City of Berkeley operated the Health Department, so it hci a distinctive position within the State. Council Member Hrlman inquired whether Staff could craft some ballot language and preser: it to the Council before the break. Ms. Stump explaine i that Staff needed explicit direction in order to craft ballot language. Mr. Keene reiteratec.'. time constraints and the need for detailed instructions so that Staff did not waste time on provisions the Council would not support. The Council needed ':o assume the majority of the responsibility for crafting ballot language. Council Member DuP-,ois clarified that he had suggested ballot language be presented to the Co1:ncil at a special meeting in early August, 2018. Mr. Keene noted th~ Council's in-depth discussion and revision of Staff's recommendations and Staffs need to complete work and take vacations while the Council iras on break. The Council had to consider a ballot measure with only :-ninimal Staff support. The beverage industry would intensely oppose a £·Jgar-Sweetened Beverage Tax. Council Member Ho::nan asked if the exact language of the Berkeley tax could be utilized for '.1alo Alto. Ms. Stump indic;:atec' that was a Council decision. The Council was able to create an advisory committee that would issue an RFP and make recommendations or expenditure of tax revenues. If the Council did not want an advisory c:,Jmmittee, Staff was able to do something different. Ballot language col·ld reflect some intentions for use of the revenues, subject to the Counc.il's annual budget-setting process. The Council needed to review ballot lang'Jage and schedule a meeting in July or August, 2018 to approve the language. She questioned whether a quorum of Council Members would be available for a special meeting as well as Staffs availability. Council Member Helman inquired whether Staff could present Berkeley language revised to apply to Palo Alto for Council approval at the final Council meeting in ~une, 2018. In addition, she inquired about potential measures for the spr:ng election. Page 15 of 35 Sp. City Council Meeting Final Minutes: 06/04/18 • FINAL MINUTES Ms. Stump was not aware of any measures for the spring election. Staff was also working on two citizen initiatives that were likely to qualify for the ballot. Staff was able to revise the Berkeley language and present it at the final meeting in June, 2018. According to Council Member DuBois' comments, the City's ballot language was not an exact replica of Berkeley's Ordinance. Mayor Kniss suggested the Council hear public comment regarding Agenda Item Number 8 and vote on the item the following week. Ms. Stump requested time to determine whether that action was appropriate. Council Member Scharff questioned whether Staff could complete language for a ballot measure. Ms. Stump advised that she would not be present for an August 10, 2018 Council meeting. She was concerned about a quorum of Council Members being present. Vice Mayor Filseth asked if Staff could draft ballot language with the three changes proposed by Council Member DuBois. Ms. Stump agreed that Staff could draft language and present it before the Council's break. Mr. Keene clarified that Staff was going to craft language, but there would not be any analysis of the implications. With respect to Agenda Item Number 8, Staff wished to proceed with the item. There was no legal reason the Council could not continue Item Number 8. Council Member Wolbach believed the complexity of the Berkeley Ordinance required a deeper Council discussion than anticipated. If implementation was delayed for a year or two, then there was no rush to place a measure on the ballot. Mr. Metz appeared to concur with the notion that a ballot measure was going to be more successful in 2020. SUBSTITUTE MOTION FAILED: 4-5 DuBois, Holman, Kou, Scharff yes MOTION PASSED: 8-1 Kou no 8. PUBLIC HEARING/LEGISLATIVE AND QUASI-JUDICIAL: 2755 El Camino Real [16PLN-00464]: Adoption of an Ordinance Amending Palo Alto Municipal Code (PAMC) Title 18 (Zoning) Chapter 18.30 (Combining Districts) to add a new Combining District to Allow for Higher Density Multi-family Housing that Includes a Workforce Housing Page 16 of 35 Sp. City Council Meeting Final Minutes: 06/04/18 10/30/21, 12:27 PM Ruling in CA Sugary Drink Tax Preemption Lawsuit I Changelab Solutions . Changelab Solutions NEWS Ruling in eA Suga~¥ D,r..in.k Jax mption suit Press Release: Court rules that state cannot penalize charter cities for managing municipal affairs FOR IMMEDIATE RELEASE October 12, 2021 Oakland, CA: The Sacramento County (California) Superior Court has ruled that the Qenaltv.. provision of California's KeeR Groceries Affordable Act of 2018 is unconstitutional. The provision penalizes a city that lawfully enacts a sugary drink tax by taking away that city's sales tax revenue. The court ruled in response to a lawsuit filed in 2020 by Jarvis, Fay & Gibson, LLP, on behalf of Cu ltiva La Sa lud, an organization dedicated to advancing health equity in the San Joaquin Valley, https://www.changelabsolutions.org/news/ruling-califomia-sugary-drlnk-tax-preemption 1/4 10/30/21, 12:27 PM Ruling In CA Sugary Drink Tax Preemption Lawsuit I Changelab Solutions • · and Martine Watkins, a resident of Santa Cruz who serves on the Santa Cruz City Council. The lawsuit was supported by Qla.n.gelab Solutions and the American Heart Association. "Three years ago, the beverage industry strong-armed our legislature into passing a measure that protected industry profits at the expense of public health. This rul ing affirms what we have known all along: parts of this law are blatantly illegal, and charter cities should not be punished for exercising their constitutionally protected authority to enact policies that improve health and advance health equity," said Sarah de Guia, JD, chief executive officer of Changelab Solutions. "It is imperative that local governments throughout California and the country be permitted to enact policies that protect their residents' health and advance health equity." In 2018, the beverage industry pressured the California legislature into passing a law that prevents cities from enacting new sugary drink taxes until 2031. The legislature enacted the law under the threat of an industry-funded state ballot initiative that, if passed, would have drastically curtailed local governments' ability to raise revenue for critical services like public health, education, and transportation. This case -as intended -removes the possibility that a California charter city could lose its sales tax revenue should it choose to move forward with a sugary drink tax. Although the decision does not affect the underlying prohibition of local sugary drink taxes, the elimination of this financial threat is a victory for voters in charter cities, who can now engage with their fellow residents and elected officials about whether sugary drink taxes are appropriate for their community without risking their city's sales tax revenues should voters ultimately adopt a tax. "This ruling sends a strong message to corporate-backed forces around the country who are advancing harmful preemption laws that they cannot circumvent the law to protect their own financial interests," said John Maa, MD, a general surgeon at Marin Health Medical Center and member of the Western States Region board of the American Heart Association. "Once again, local elected leaders in California have an important tool available to invest in the health needs of the communities that they serve. Sugary drink taxes can drive down consumption and fund important community health priorities." The issue of state interference extends well beyond sugary drink taxes. Other state governments are interfering with local governments on a wide variety of issues that affect community health and well-being -such as minimum wage increases, equitable housing policies, and broadband access. The harms associated with this abuse of preemption -especially for communities of color, women, and families with low income -are well documented. https://www.changelabsolutlons.org/news/rullng-califomla-sugary-drlnk-tax-preemptlon 2/4 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO DATE/TIME OCTOBER 1, 2021, 11:00 a.m. DEPT.NO 21 ITTJDGE HON. SHELLEYANNE W. L. CHANG CLERK K.CADENA CUL TIV A LA SALUD, a California nonprofit Case No.: 34-2020-80003458 corporation, and MARTINE WATKINS, Petitioners/Plaintiffs, v. THE STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OFT AX AND FEE, Respondents/Defendants. Nature of Proceedings: PETITION FOR WRIT OF MANDATE The following constitutes the Court's tentative ruling on Petitioners/Plaintiffs Cultiva La Salud and Martine Watkins' (collectively "Petitioners") Petition for Writ of Mandate, which is scheduled to be heard by the Court in Department 21 on Friday, October 1, 2021, at 11 :00 a.m. The tentative ruling shall become the final ruling of the Court unless a party wishing to be heard so advises the clerk of this Department no later than 4:00 p.m. on the court day preceding the hearing and further advises the clerk that such party has notified the other side of its intention to appear. In light of COVID-19 safety measures, the Court advises counsel to contact the Court clerk to obtain appearance log-in information. There shall be NO in-person appearances. In the event that a hearing is requested, oral argument shall be limited to no more than 20 minutes per side. Any party desiring an official record of this proceeding shall make arrangements for reporting services with the Court clerk no later than 4:30 p.m. on the day before the hearing. The fee is $30.00 for civil proceedings lasting under one hour, and $239.00 per half day of proceedings lasting more than one hour. (Local Rule 1.12(B); Gov. Code,§ 68086.) Payment is due at the time of the hearing. -I - I. Factual Background This action concerns the penalty provision of the "Keep Groceries Affordable Act of 2018," Revenue and Taxation Code1 section 7284.12, subdivision (f). A. The Parties Martine Watkins ("Watkins") is a citizen of California who resides in the City of Santa Cruz. (Deel. of Martine Watkins ISO Pet. ("Watkins Deel.") ,r 3.) Watkins has served on the Santa Cruz City Council since 2016 and is passionate about issues pertaining to public health. (Id. ,r,r 5, 6.) Although she is a sitting Councilmember, Watkins sues Respondents in her individual capacity and as a private citizen. (Id. ,r 6.) Cultiva La Salud ("CLS") is a California nonprofit corporation based in Fresno, CA. (Deel. of Genoveva Islas ISO Pet. ("Islas Deel.") ,r 1.) Its goals include increasing access to healthy foods and beverages, increasing access to physical activities, and increasing the daily consumption of fruits, vegetables, and healthy beverages in the Central Valley's Hispanic population. (Id. ,r 7.) CLS brings this action, inter alia, because of its interest in reducing the overconsumption of sugary beverages, to permit local voters to be able to decide whether to tax sugary beverages in their communities, and to compel Respondents to perform their legal duties to collect and administer sales and use tax revenue for California cities. (Id. ,r,r 9, 10.) Respondent/Defendant California Department of Tax and Fee Administration (the "Department") is a department within the California Government Operations Agency, and is organized under Government Code sections 15570, et seq. Respondent/Defendant Nicolas Maduros ("Maduros") is the Director of the Department and is sued in his official capacity. Respondents/Defendants the State of California, the Department, and Maduros are referenced collectively as "Respondents." B. Background Concerning State and Local Sales and Use Taxes California's Sales and Use Tax Law imposes a tax by the State on the "privilege of selling tangible personal property at retail," along with a related ''use tax" on purchases.(§§ 6001, et seq.) Cities and counties may adopt local sales and use taxes, but the Bradley-Bums Uniform Local Sales and Use Tax Law ("Bradley-Bums Law") requires such local taxes to contain "[p]rovisions identical to those contained in" California's Sales and Use Tax Law.(§§ 7200, et seq.; 7201; 7202, subds. (b) & (h); 7203.) The Bradley-Bums Law '"contemplate[d] an integrated, uniform system of city and county sales and use taxation[, where t]he counties are given authority to impose sales and use taxes as a means of raising additional revenue, and the cities are furnished with a plan of state administration which will relieve them from operating collection systems of their own[, and t]he taxpayers ... receive ... a scheme which ... free[s] them from the burden of complying with differing regulations of state and local taxes, [ etc ... ] ' 1 Unless otherwise noted, all subsequent statutory references are to the Revenue and Taxation Code. -2- [Citation.]" (Rivera v. Fresno (1971) 6 Cal.3d 132, 136, overruled on other grounds in Yamaha Corp. of America v. State Bd. of Equalization (1998) 19 Cal.4th 1.) Sales and use taxes generally do not apply to the retail sales of"food products for human consumption."(§ 6359, subd. (a).) "Carbonated beverages" are not classified as "food products," so they are subject to sales and use taxes.(§ 6359, subds. (a) & (b)(3).) California's sales and use taxes are administered and collected by the Department.(§§ 7051, et seq.) A city or county that imposes its own sales and use tax must contract with the Department for the administration and collection of the tax.(§ 7202, subds. (d) & (h)(4).) C. Local Taxes on the Distribution of Sugary Beverages In July 2014, the Berkeley City Council adopted Resolution No. 66,712-N.S., putting a measure to tax sugary beverages on the November 2014 ballot. (Pet'rs Req. for Judicial Not. ("RJN"), Ex. A.) The voters of the City of Berkeley passed the measure, which imposed a one- cent per ounce tax on the distribution of sugary beverages in the city. (RJN, Ex. B.) Berkeley was the first city in the United States to pass a tax on sugary beverages. (RJN, Ex. F.) The cities of San Francisco, Oakland, and Albany followed suit, putting taxes on sugary beverages on the ballot for the November 2016 election, which the voters passed. (RJN, Exs. C- H; see also Deel. of Aurora Castellanos ISO Pet. ("Castellanos Deel.") ,r 5.) In 2018, the Ad Hoc Review Committee of the Santa Cruz City Council conducted a review and analysis of revenue options and the health risks of sugary beverages. (Watkins Deel. ,r 7.) The committee recommended to the Santa Cruz City Council that it put a one-and-a-half cent per ounce tax on the distribution of sugary beverages on the November 2018 ballot, and local polling showed support for such a tax. (Watkins Deel. ,r,r 7-8.) Thus, on June 26, 2018, the Santa Cruz City Council adopted Resolution No. NS-29-419, which put the measure on the ballot for the November 2018 election. (Watkins Deel. ,r 8; RJN Ex. I.) In 2017, The Organizing and Leadership Academy ("TOLA") -a nonprofit organization based in Oakland and Stockton -commenced community organizing efforts to petition the City of Stockton to place a measure to tax sugary beverages on the November 2018 ballot. (Castellanos Deel. ,r,r 9-10.; Deel. ofHecsa Guerrero ISO Pet. ("Guerrero Deel.") ,r,r 3-5, 7-8.) Throughout 2017 and 2018, TOLA fellows and over 200 volunteers canvased the City of Stockton, having over 10,000 conversations and conducting over 7,000 surveys. (Castellanos Deel. ,r,r 10-13 ; Guerrero Deel. ,r,r 7-8.) The majority of Stockton residents surveyed were in favor of a tax on sugary beverages and wanted the tax revenue applied to public health and afterschool programs. (Castellanos Deel. ,r,r14-15; Guerrero Deel. ,r 9.) Heading into the November 2018 election, and in preparation to petition the Stockton City Council to put a tax measure on the ballot, TOLA fellows and volunteers tabulated their results, collected over 6,000 signatures in favor of the tax, and drafted a measure to present to the City Council. (Castellanos Deel. ,r 18; Guerrero Deel. ,r 10.) Ill -3- D. "The Tax Fairness, Transparency and Accountability Act of 2018" and AB 1838 In 2017, the beverage industry circulated a statewide proposition called "The Tax Fairness, Transparency and Accountability Act of 2018" (the "Proposition"), which acquired enough signatures to be placed on the November 2018 ballot. (RJN Ex. S.) If passed, the Proposition would have amended the State Constitution to, inter a/ia, raise the voter approval requirements from 50% to two-thirds for all new local tax measures. (Ibid.) The proponents of the Proposition agreed to withdraw it from the November 2018 ballot if the Legislature and the Governor agreed to enact AB 1838, the "Keep Groceries Affordable Act of2018" ("AB 1838"). In essence, AB 1838 would prohibit local governments from enacting any new taxes on "groceries" until January 1, 2031. (RJN, Ex. T.) Under AB 1838, "groceries" expressly includes "carbonated and noncarbonated nonalcoholic beverages," such as sugarybeverages. (§ 7284.10.) Faced with the risk of the Proposition passing, the Legislature passed AB 1838, and the Governor signed it into law on June 28, 2018. The Governor's signing statement described why he signed it as follows: (RJN, Ex. T.) Ill To the Members of the California State Assembly: This bill establishes a moratorium on imposing new assessments on "groceries" at the local level. Out of 482 cities in the state of California, a total of 4 cities are considering passing a soda tax to combat the dangerous and ill effects of too much sugar in the diets of children. In response, the beverage industry has circulated a far reaching initiative that would, if passed, raise the approval threshold from 50% to two- thirds on all measures, on all topics in all 482 cities. Mayors from countless cities have called to voice their alarm and to strongly support the compromise which this bill represents. The initiative also contains language that would restrict the normal regulatory capacity of the state by imposing a two-thirds legislative vote on what is now solely within the competency of state agencies. This would be an abomination. For these reasons, I believe Assembly Bill 1838 is in the public interest and must be signed. AB 1838 was codified in sections 7284.8 through 7284.16 of the Revenue and Taxation Code. In addition to prohibiting any new taxes on groceries, AB 183 8 contains a penalty provision targeted at charter cities (the "Penalty Provision").(§ 7284.12, subd. (t).) The Penalty Provision states: The [Department] shall not administer and shall terminate its contract to administer any sales or use tax ordinance of a local agency under the Bradley-Bums Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) if that local agency imposes, increases, levies and collects, or enforces any tax, fee, or other assessment on groceries, as defined in subdivision (g) of Section 7284.10, for which a court of competent jurisdiction has determined both of the following: (1) The tax, fee, or other assessment is in conflict with the prohibition set forth in subdivision (a), and is not a tax, fee, or other assessment described in subdivision (b) or ( d). (2) The tax, fee, or other assessment is a valid exercise of a city's authority under Section 5 of Article XI of the California Constitution with respect to the municipal affairs of that city. (Ibid.) Because state law requires sales and use taxes to be collected by the Department, the effect of the Penalty Provision would be to deprive a city of all of its sales and use tax revenue. (Pet. ,r 66.) The City of Santa Cruz is a charter city. (RJN, Ex. V.) Sales and use taxes provide approximately one quarter of its general revenues. (RJN, Exs. N-P; Watkins Deel. ,r 11.) Fearing the financial consequences it would suffer under the Penalty Provision, the Santa Cruz City Council rescinded Resolution NO. NS-29,419 and the sugary beverage tax measure did not appear on the ballot. (Watkins Deel. ,r 12.) In 2021, the Santa Cruz City Council revisited the possibility of enacting a tax on sugary beverages. (RJN, Ex. L.) However, the City Council resolved that the City of Santa Cruz could not "risk submitting a tax on soda or other sugary beverages to its voters because the financial risk [ w ]as too great" under the Penalty Provision. (Ibid.) The Penalty Provision had a similar effect in the City of Stockton, which is also a charter city. (RJN, Ex. W.) After AB 1838 became state law, the TOLA fellows and volunteers abandoned their efforts to get a tax on sugary beverages on the ballot. (Castellanos Deel. ,r,r 23- 26; Guerrero Deel. ,r,r 13-16.) Petitioners filed the Verified Complaint for Declaratory Relief and Injunction, and Petition for Writ of Mandate (the "Petition") on August 10, 2020. "The objective of th[e] lawsuit is to invalidate th[e] penalty provision." (Mem. of P.&A. ISO Pet. 9:8.) Petitioners allege the -5 - penalty provision is unconstitutional on its face and request, inter alia, a writ of mandate directing Respondent Maduros not to implement the penalty provision. (Pet. 1,r 75-76; id. at 15:12-14.) II. Standard of Review Code of Civil Procedure section 1085 permits the issuance of a writ of mandate "to compel the performance of an act which the law specially enjoins." The writ will lie where the petitioner has no plain, speedy and adequate alternative remedy, the respondent has a clear, present and usually ministerial duty to perform, and the petitioner has a clear, present and beneficial right to performance." (Sacramento County Alliance of Law Enforcement v. County of Sacramento (2007) 151 Cal.App.4th 1012, 1020.) "Two basic requirements are essential to the issuance of the writ. (1) A clear, present and usually ministerial duty upon the part of the respondent; and (2) a clear, present and beneficial right in the petitioner to the performance of that duty." (Shamsian v. Dept. of Conservation (2006) 136 Cal.App.4th 621,640 [citations omitted].) III. Discussion A. Request for Judicial Notice Petitioners' request for judicial notice in support of their opening brief is unopposed and granted. B. The Parties' Arguments Petitioners argue the Penalty Provision is unconstitutional on its face as "[i]t is a penalty for exercising a constitutional power -the 'home rule' power of charter cities to manage their own municipal affairs." (Mem. of P.&A. ISO Pet. 9:8-10,)2 Respondents oppose the Petition, responding that the Petition should be dismissed on the grounds of ripeness, the Penalty Provision is not unconstitutional, and even if subdivision (f)(2) of the Penalty Provision is unconstitutional, it can be severed from the remainder of the statute. The parties' arguments are addressed in tum. 1) Ripeness Respondents contend "[t]he constitutionality of the penalty should not be decided in a facial challenge[; rather,] ... decision should ... await the court's determination that the statutory conditions necessary to impose the penalty have been met in a particular case -i.e., that a particular local tax violates [AB 1838], and that the tax is otherwise a valid exercise of the 2 Petitioners argue that the Penalty Provision "is also invalid for two other reasons: It violates Proposition lA .... [ a ]nd ... chills the right of citizens of charter cities to petition their governments .... " (Mem. of P .&A. ISO Pet. 9:14-19.) The Court declines to reach the merits of these arguments since it finds the first argument to be dispositive. -6 - local government's constitutional powers [under the home rule]." (Opp'n 15:4-8.) Respondents continue: "Once a court identifies a case where both conditions have been met, the court can also consider whether it would violate the Constitution to apply the penalty under those facts." (Id. at 15:8-10.) Petitioners addressed ripeness in their opening and reply briefs. They assert their facial constitutional challenge is ripe for review as it "is sufficiently definite and concrete to make judicial relief appropriate," and "withholding judicial consideration will result in hardship to the parties and the public." (Mem. of P.&A. ISO Pet.19:23-25.) Petitioners further argue that if the Court waits for the Penalty Provision to be applied to a charter city before adjudicating the challenge, it may never be heard because charter cities are fearful of the financial risk involved in imposing a local tax on sugary beverages. (Id. at 21:8-27.) The ripeness requirement, a branch of the doctrine of justiciability, prevents courts from issuing purely advisory opinions. [Citation.] It is rooted in the fundamental concept that the proper role of the judiciary does not extend to the resolution of abstract differences of legal opinion. It is in part designed to regulate the workload of courts by preventing judicial consideration of lawsuits that seek only to obtain general guidance, rather than to resolve specific legal disputes. However, the ripeness doctrine is primarily bottomed on the recognition that judicial decisionrnaking is best conducted in the context of an actual set of facts so that the issues will be framed with sufficient definiteness to enable the court to make a decree finally disposing of the controversy. On the other hand, the requirement should not prevent courts from resolving concrete disputes if the consequence of a deferred decision will be lingering uncertainty in the law, especially when there is widespread public interest in the answer to a particular legal question. (Pacific Legal Foundation v. Cal. Coastal Comm 'n (1982) 33 Cal.3d 158, 169.) "In determining whether a controversy is ripe, [courts] use a two-pronged test: (1) whether the dispute is sufficiently concrete to make declaratory relief appropriate; and (2) whether the withholding of judicial consideration will result in a hardship to the parties." (Farm Sanctuary, Inc. v. Dep 't of Food & Agric. (1998) 63 Cal.App.4th 495, 502.) Courts often also consider whether the public interest would be served or disserved if the court provides immediate judicial review. (Asimow, et al., Cal. Practice Guide: Admin. Law (The Rutter Group 2020 update)~ 15:640.) "Under the first prong, ... courts will decline to adjudicate a dispute if 'the abstract posture of [the] proceeding makes it difficult to evaluate ... the issues' [citation], if the court is asked to speculate on the resolution of hypothetical situations [citation], or if the case presents a 'contrived inquiry' [citation]." (Ibid.) By contrast, "[a] controversy is ripe when it has reached, but not yet passed, the point that the facts have sufficiently congealed to permit an intelligent and -7 - useful decision to be made." (Pacific Legal Foundation, supra, at p. 171.) Facial challenges to statutes/regulations and claims involving purely legal (versus factual) issues are generally considered ripe the moment the challenged law is passed. (See Bronco Wine Co. v. Jolly (2005) 129 Cal.App.4th 988, 1034; Farm Sanctuary, Inc., supra, at p. 502.) "Under the second prong, the courts will not intervene merely to settle a difference of opinion; there must be an imminent and significant hardship inherent in further delay." (Pacific Legal Foundation, supra, at p. 171.) Hardship is "often establish[ ed] ... by pointing to [a] dilemma the [party] face[s] in deciding whether to comply or refuse to comply." (Cal. Practice Guide: Adm.in. Law, supra, at ,r 15:631 [citing cases].) Also, the public interest "would be served by a judicial response to an important legal question that might never be answered if the challenge were considered not ripe for immediate review." (Id. at ,r 15:651 [citing Farm Sanctuary, Inc., supra, at pp. 78-79].) The Petition is ripe for judicial review. It presents a facial (as opposed to an as-applied) challenge involving a pure legal issue to the Penalty Provision. Moreover, delaying a decision would result in hardship to charter cities and the public. The Petition raises an important legal question that might never be answered if it were considered unripe for review since charter cities, like Santa Cruz, may elect not to enact a local tax on sugary beverages rather than face the financial risk of the Penalty Provision being imposed. 2) Constitutionality of the Penalty Provision Petitioners argue that "[t]he Penalty Provision seeks to achieve what the Legislature cannot legally do -override Article XI, Section 5 of the California Constitution[,]" which is known as the home rule provision (the "Home Rule Provision"). (Mem. of P.&A. ISO Pet. 22:4- 5.) Petitioners state: [The Home Rule Provision] grants charter cities sovereignty in the area of municipal affairs. ( California Fed. Savings & Loan Assn. v. City of Los Angeles ("California Fed. Savings") (1991) 54 Cal.3d 1, 5-6.) "The provision represents an 'affirmative constitutional grant to charter cities of "all powers appropriate for a municipality to possess ... " and [includes] the important corollary that "so far as 'municipal affairs' are concerned," charter cities are "supreme and beyond the reach of legislative enactment.""' (State Building & Construction Trades Council of California v. City of Vista (2012) 54 Cal.4th 547, 556.) "Under the state Constitution, the ordinances of charter cities supersede state law with respect to 'municipal affairs."' (Id. at 552.) When a state statute conflicts with a charter city's enactment that concerns a "municipal affair," the statute only prevails over the charter city enactment if ''the state law addresses a matter of 'statewide concern"' and the state law is '"narrowly -8 - tailored' to avoid unnecessary interference in local governance." (Id. at 556.) "[W]hat constitutes a municipal affair ( over which the state has no legislative authority) and what constitutes a statewide concern ( as to which state law is controlling) is a matter for the courts, not the Legislature, to decide." (Id. at 562.) ... [The drafters of AB 1838] added a carefully drafted penalty provision targeted directly at charter cities to discourage them from exercising their constitutional home rule authority to impose taxes on sugary beverages. This penalty only applies to a "local agency'' that imposes a tax on "groceries" in contradiction to Revenue and Taxation Code section 7284.12 and only when "a court of competent jurisdiction has determined [that] ... [t]he tax, fee, or other assessment is a valid exercise of a city's authority under Section 5 of Article XI of the California Constitution with respect to the municipal affairs of that city." (Rev. & Tax. Code§ 7284.12, subd. (f).) In other words, the penalty only applies after a court has determined that a charter city has properly imposed a tax under its constitutional home rule authority. [The California] Supreme Court explained in Sonoma County Organization of Public Employees v. County of Sonoma ("Sonoma County") (1979) 23 Cal.3d 296, when invalidating a statute through which the Legislature sought to coerce charter cities into not exercising a home rule power by withholding funds, that "constitutional power cannot be used by way of condition to attain an unconstitutional result." (Id. at 319.) ... (Mem. of P.&A. ISO Pet. 22:14-24:22.) Respondents rejoin that Petitioners misread the Penalty Provision's conditions. (Opp'n 11 :22-12:2.) Respondents maintain that subdivision (f)(2) "can more reasonably be interpreted to mean that the penalty will apply only if a court finds that the local tax would otherwise be a valid exercise of the local government's constitutional powers, in the absence of[AB 1838]. In other words, the penalty will apply only if [AB 1838] is the sole reason for finding that the tax is prohibited." (Id. at 12:2-6.) Respondents argue such an interpretation is warranted ''under the canon of constitutional doubt." (Id.at 12: 11-23.) "To avoid any constitutional doubt," Respondents contend, "the phrase in question ... should be interpreted to require that the tax would otherwise be a valid exercise of the city's authority if the tax did not violate [AB 1838]." (Id. at 12:23-26.) -9 - Petitioners reply that Respondents cannot rewrite the Penalty Provision to give it a meaning contrary to what it plainly states. (Reply 8:25.) Petitioners contend: While the "judicial doctrine governing construction of a law to avoid unconstitutionality is well settled," the State has not advanced an "equally reasonable" construction of the Penalty Provision. (Metromedia, Inc. v. City of San Diego (1982) 32 Cal.3d 180, 186.) Under no reasonable interpretation of its plain language can the Penalty Provision be read as saying that it applies only when no other law applies. The State advances a construction of the Penalty Provision that is not at all reflected in the language and only achievable by rewriting the statute to add in, at the very least, the word "otherwise." (See id. at 187 [a "court cannot... in the exercise of its power to interpret, rewrite the statute"].) (Reply 9:8-14.) The Court finds the Penalty Provision is unconstitutional on its face; it violates the Home Rule Provision via financial coercion. The Penalty Provision only applies after a court has determined that a charter city's tax on "groceries" is a "valid exercise of [its] authority under [the Home Rule Provision]."(§ 7284.12, subd. (t)(2).) The Penalty Provision severely penalizes a charter city for validly regulating its "municipal affairs" by ordering the Department to stop collecting the city's sales and use tax revenues. 3 "[W]hile the state may impose conditions upon the granting of a privilege, ... 'constitutional power cannot be used by way of condition to attain an unconstitutional result.' [Citation.]" (Sonoma County, supra, at p. 319.) Moreover, the Penalty Provision cannot be interpreted in the manner proffered by Respondents as their suggested interpretation is contrary to the plain language of the Penalty Provision. (San Jose Unified School Dist. v. Santa Clara County Office of Education (2017) 7 Cal.App.5th 967-985 [discussing principles of statutory construction, stating, "[t]he plain meaning controls if there is no ambiguity in the statutory language"]; id. at 983 ["It is the rule that where a statute ... is susceptible of two constructions, one of which will render it constitutional and the other unconstitutional, . . . the court will adopt the construction which, without doing violence to the reasonable meaning of the language used, will render it valid in its entirety, or free from doubt as to its constitutionality, even though the other construction is equally reasonable." (emphasis added)].) The Court cannot "save a statute through judicial construction" by "rewrit[ing]" it. (Metromedia, Inc., supra, at p. 187; accord Singh v. Southland Stone, U.S.A., Inc. (2010) 186 Cal.App.4th 338, 363 ["[A court] cannot insert qualifying language where it is not stated or rewrite [a] statute to conform to a presumed intention that is not expressed."].) Ill Ill 3 For example, more than one-third of Stockton's general fund revenues come from sales and use tax. (RJN, Exs. Q, R.) Sales and use taxes provide approximately one-fourth of Santa Cruz's general revenues. (RNJ, Exs. N-P.) -10 - 3) Severance Respondents argue, in the alternative, that if the Court "agrees ... that the condition stated in section 7284.12, subdivision (t)(2), creates an irreconcilable conflict with the operation of the penalty and the constitutional authority of local governments," it is severable from the remainder of the statute. (Opp 'n 13: 1-8.) Respondents state: Section 7284.14 allows for severability of unenforceable language and supports a presumption in favor of severance. (See California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231, 270.) In considering issues of severability, the courts examine whether the language in question is "grammatically, functionally, and volitionally separable" from the other terms of the statute. ( California Redevelopment Assn. v. Matosantos, supra, 53 Cal.4th at p. 271.) .... Each of those considerations supports severance here. Subdivision (t)(2) imposes a separate condition that operates independently from the other provisions of subdivision (t). Subdivision (t)(2) can also be severed without undermining the Legislature's intent to impose consequences for local governments that adopt taxes in violation of [ AB 183 8] .... (Opp'n 13:9-25.) Petitioners reply: Subdivision (t)(2) of the Penalty Provision cannot be severed because it would make the remaining portion of subdivision (t) grammatically incorrect and because it would contravene the clear intent of the Legislature that the penalty applies only when a court has determined that both a city has imposed a tax that conflicts with the Groceries Act and "'is a valid exercise' of the city's constitutional powers." (Rev. & Tax. Code§ 7284.12(t).) (Reply 23:18-22.) '"[A] statute that is invalid ... is not ineffective and inoperative to the extent that its invalid parts can be severed from any valid ones.' [Citation.]" (Borikas v. Alameda Unified Sch. Dist. (2013) 214 Cal.App.4th 135, 165.) [***72] "'The presence of [a severability] clause establishes a presumption in favor of severance.' [Citations.]" (Ibid.) -11 - However, '"'"[s]uch a clause plus the ability to mechanically sever the invalid part while normally allowing severability, does not conclusively dictate it. The final determination depends on whether the remainder ... is complete in itself and would have been adopted by the legislative body had the latter foreseen the partial invalidity of the statute ... or constitutes a completely operative expression of legislative intent ... [and is not] so connected with the rest of the statute as to be inseparable.'"' [Citations.] Condensing these requirements into three components: "[t]o be severable "'the invalid provision must be grammatically, functionally, and volitionally separable."' [Citation.]"[ Citation.] .... "To be grammatically separable, the valid and invalid parts of the statute can be separated by paragraph, sentence, clause, phrase, or even single words. [Citation.]" [Citation.] When a defect can be ""'cured by excising any word or group of words,""' severance may be possible and proper. [Citation.] "To be functionally separable, the remainder after separation of the invalid part must be "" complete in itself'"' and 'capable of independent application.' [Citation.]" [Citation.] .... "To be volitionally separable, '[t]he final determination depends on whether "the remainder ... is complete in itself and would have been adopted by the legislative body had the latter foreseen the partial invalidation of the statute" ... or "constitutes a completely operative expression of the legislative intent."' [Citation.]" [Citation.] "[I]f a part to be severed [(and therefore saved)] reflects a 'substantial' portion of the electorate's purpose, that part can and should be severed and given operative effect." [Citations.] (Id. at pp. 165-167.) Subdivision (t)(2) of the Penalty Provision cannot be severed from the remainder of section 7284.12. Severing subdivision (t)(2) would be grammatically incorrect since it would require word changes to and the omission of numbering from the remainder of the subdivision. Further, subdivision (t) expressly states that both conditions must be met for the penalty to be imposed. Disregarding this requirement and instead allowing only one condition to be met would contravene the intent of the Legislature as shown by the plain language of the statute. 4 4 The Court notes that even if subdivision (f)(2) of the Penalty Provision could be severed, doing so would not necessarily render the Penalty Provision constitutional. Absent subdivision (f)(2), the Court would have to determine if penalizing a charter city for imposing a tax on "groceries" would violate the Home Rule Provision following the -12 - C. Conclusion For the stated reasons, Petitioners' Petition for Writ of Mandate is GRANTED.5 A judgment shall be issued in favor of Petitioners, and against Respondents, and a peremptory writ shall issue commanding Respondents to take action specially enjoined by law in accordance with the Court's ruling, but nothing in the writ shall limit or control in any way the discretion legally vested in Respondents. Respondents shall make and file a return within 60 days after issuance of the writ, setting forth what has been done to comply therewith. In the event that this tentative ruling becomes the final ruling of the Court, in accordance with Local Rule 1.06, Petitioners' counsel is directed to prepare an order granting the Petition in part, incorporating this ruling as an exhibit to the order, a separate judgment, and a peremptory writ; submit them to counsel for Respondents for approval as to form in accordance with California Rule of Court, rule ("CRC") 3.1312(a); and thereafter submit them to the Court for signature and entry in accordance with CRC 3.1312(b). analytical framework set forth in California Fed. Savings. (State Building & Construction Trades Council of Calif. v. City of Vista (2012) 54 Cal.4th 547, 555.) 5 The Court's decision on the Petition for Writ of Mandate appears to dispose of Petitioners' Complaint for declaratory and injunctive relief as well. Thus, the Court does not discuss the Complaint separately/further. -13 - 11/4/21, 3:15 PM https:l/e~/apl/export-requests/4a07ae~8-ada8-474d-876f-19b4b68a30f3/download/ ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE Sec. 550. Sec. 551. Sec. 552. Sec. 553. Sec. 554. Sec. 555. Sec. 556. Sec. 557. Sec. 558. Sec. 559. Sec. 560. Short Title. Findings and Purpose. Definitions. Imposition of Tax; Deposit of Proceeds. Registration of Distributors; Documentation; Administration. Credits and Refunds. Technical Assistance to the Tax Collector. Municipal Affair. Not a Sales and Use Tax. Severability. Amendment. SEC. 550. SHORT TITLE. This Article shall be known as the "Sugary Drinks Distributor Tax Ordinance." (Added by Proposition V, 11/8/2016) SEC. 551. FINDINGS AND PURPOSE. The U.S. Department of Health and Human Services, the U.S. Department of Agriculture, and the World Health Organization, based on a summary of the available evidence linking intake of added sugar and sugar- sweetened beverages (SSBs) to adverse health outcomes including obesity and diabetes, have recommended that Americans consume no more than 10% of their daily calories in the form of added sugar. Yet, standard single serving sizes of SSBs provide all (in a 20-ounce serving of many SSBs) or nearly all (in a 12-ounce serving) of the recommended maximum daily added sugar amount for most adults, and generally exceed the recommended maximum daily added sugar amount for children. Numerous organizations and agencies, includ ing the American Heart Association, American Diabetes Association, American Academy of Pediatrics, Institute of Medicine of the National Academies, American Medical Association, and the Centers for Disease Control, recommend limiting intake of added sugar and SSBs to improve health. Sugary beverages, though they can contain hundreds of calories in a serving, do not signal "fullness" to the brain and thus facilitate over-consumption. Studies show that sugary beverages flood the liver with high amounts of sugar in a short amount of time, and that this "sugar rush" over time leads to fat deposits and metabolic disturbances that cause diabetes, cardiovascular disease, and other serious health problems. Diseases connected to sugary beverages disproportionately impact minorities and low-income communities. For example, diabetes hospitalizations are more than triple in low-income communities as compared with higher income areas. African American death rates from DM2 are five times higher than San Francisco's overall rate. DM2 is the fifth leading cause of death https:l/export.amlegal.com/apl/export-requests/4a07ae88-ada8-474d-876f-19b4b68a30f3/download/ 1/6 11 /4/21 , 3: 15 PM https://export.amlegal.com/apl/export-requests/4a07ae88-ada8-4 7 4d-876f-19b4b68a30f3/download/ in S.F (whish is an underestimate, since heart disease, the leading killer, is often a result ofDM2); DM2 reduces the lifespan of San Franciscans by eight to ten years. As recently as 2010, nearly a third of children and adolescents in San Francisco were obese or overweight; and in San Francisco, 46.4% of adults are obese or overweight, including 61.7% of Hispanics and 51.3% of African Americans. Nationally, childhood obesity has more than doubled in children and tripled in adolescents in the past 30 years; in 2010, more than one-third of children and adolescents were overweight or obese. Every additional sugary beverage consumed daily can increase a child's risk for obesity by 60%; and one or two sugary beverages per day increases the risk of Type II diabetes by 26%. Sugary beverages, including sweetened alcoholic drinks, represent nearly 50% of added sugar in the American diet, and, on average, 11 % of daily calories consumed by children in the U.S. Seven percent of San Franciscans are diagnosed with diabetes, and it is estimated that the City and County of San Francisco pays over $87 million for direct and indirect diabetes care costs. This Article 8 is intended to discourage the distribution and consumption of sugar-sweetened beverages in San Francisco by taxing their distribution. Mexico, where an average of 163 liters of sugar-sweetened beverages are consumed per person each year, enacted an excise tax on sugary drinks, with the result that the purchase of taxed sugar sweetened beverages declined by 12% generally and by 17% among low-income Mexicans. The Mexico data indicate that, when people cut back on SSBs, to a significant extent they choose lower-caloric or non- caloric alternatives. This body of research demonstrates that taxation can provide a powerful incentive for individuals to reduce their consumption of SSBs, which in tum will reduce obesity and DM2. The City of Berkeley became the first city in the United States to follow in Mexico's footsteps, by passing a one-cent-per-ounce general tax on distributors of SSBs within the city limits. It is estimated that the City of Berkeley, which began implementing the tax in March 2015, will collect at least $1.2 million from the tax annually. (Added by Proposition V, 11/8/2016) SEC. 552. DEFINITIONS. Unless otherwise defined in this Article 8, terms that are defined in Article 6 of the Business and Tax Regulations Code shall have the meanings provided therein. For purposes of this Article, the following definitions shall apply. "Beverage for Medical Use" means a beverage suitable for human consumption and manufactured for use as an oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages, or for use as an oral rehydration electrolyte solution formulated to prevent or treat dehydration due to illness. "Beverage for Medical Use" also means a "medical food" as defined in Section 109971 of the California Health and Safety Code. "Beverage for Medical Use" shall not include beverages commonly referred to as "sports drinks," or any other similar names. "Bottle" means any closed or sealed container regardless of size or shape, including, without limitation, those made of glass, metal, paper, plastic, or any other material or combination of materials. "Bottled Sugar-Sweetened Beverage" means any Sugar-Sweetened Beverage contained in a Bottle that is ready for consumption without further processing, such as, and without limitation, dilution or carbonation. "Caloric Sweetener" means any substance or combination of substances that is suitable for human consumption, that humans perceive as sweet, and that adds calories to the diet of any human who consumes it. "Caloric Sweetener" includes, but is not limited to, sucrose, fructose, glucose, other sugars, and high fructose com syrup. "City" means the City and County of San Francisco. https://export.amlegal.com/api/export-requests/4a07ae88-ada8-4 7 4d-876f-19b4b68a30f3/download/ 2/6 11/4/21, 3:15 PM https://export.amlegal.com/api/export-requests/4a07ae88-ada8-474d-876f-19b4b68a30f3/download/ "Distribution" includes: (a) The transfer in the City, for consideration, of physical possession of Sugar-Sweetened Beverages, Syrup, or Powder by any person other than a common carrier. "Distribution" also includes the transfer of physical possession in the City by any person other than a common carrier, without consideration, for promotional or any other commercial purpose. (b) The possession, storage, ownership, or control in the City, by any person other than a common carrier, of Sugar-Sweetened Beverages, Syrup, or Powder for resale in the ordinary course of business, obtained by means of a transfer of physical possession outside the City or from a common carrier in the City. "Distribution" does not include: (a) The return of any Sugar-Sweetened Beverages, Syrup, or Powder to a person, if that person refunds the entire amount paid in cash or credit. (b) A retail sale or use. "Distributor" means any person engaged in the business of Distribution of Bottled Sugar-Sweetened Beverages, Syrup, or Powder. A Distributor does not include a common carrier. Where a common carrier obtains physical possession of Sugar-Sweetened Beverages, Syrup, or Powder outside the City and transfers physical possession of the Sugar-Sweetened Beverages, Syrup, or Powder in the City, the transferee of the Sugar- Sweetened Beverages, Syrup, or Powder is a Distributor. "Milk Product" means: (a) any beverage whose principal ingredient by weight is natural liquid milk secreted by an animal. "Milk" includes natural milk concentrate and dehydrated natural milk, whether or not reconstituted; and (b) any plant-based substance or combination of substances in which (1) water and (2) grains, nuts, legumes, or seeds constitute the two greatest ingredients by volume. For purposes of this definition, "Milk Product" includes, but is not limited to, soy milk, almond milk, rice milk, coconut milk, hemp milk, oat milk, hazelnut milk, or flax milk; ''Natural Fruit Juice" means the original liquid resulting from the pressing of fruit, the liquid resulting from the complete reconstitution of natural fruit juice concentrate, or the liquid resulting from the complete restoration of water to dehydrated natural fruit juice. ''Natural Vegetable Juice" means the original liquid resulting from the pressing of vegetables, the liquid resulting from the complete reconstitution of natural vegetable juice concentrate, or the liquid resulting from the complete restoration of water to dehydrated natural vegetable juice. ''Nonalcoholic Beverage" means any beverage that is not subject to tax under California Revenue and Taxation Code sections 32001 et seq. as "beer, wine or distilled spirits." "Powder" means any solid mixture, containing one or more Caloric Sweeteners as an ingredient, intended to be used in making, mixing, or compounding a Sugar-Sweetened Beverage by combining the Powder with one or more other ingredients. "Sugar-Sweetened Beverage" means any Nonalcoholic Beverage intended for human consumption that contains added Caloric Sweetener and contains more than 25 calories per 12 fluid ounces of beverage, including but not limited to all drinks and beverages commonly referred to as "soda," "pop," "cola," "soft drinks," "sports drinks," "energy drinks," "sweetened ice teas," or any other similar names. "Sugar-Sweetened Beverage" does not include: (a) Any beverage sold for consumption by infants, which is commonly referred to as "infant formula" or ''baby formula," or any product whose purpose is infant rehydration. (b) Any Beverage for Medical Use. ( c) Any beverage designed as supplemental, meal replacement, or sole-source nutrition that includes proteins, carbohydrates, and multiple vitamins and minerals (this exclusion does not include beverages htlps://export.amlegal.com/api/export-requests/4a07ae88-ada8-474d-876f-19b4b68a30f3/download/ 3/6 11/4/21, 3:15 PM https://export.amlegal.com/api/export-requests/4a07ae88-ada8-47 4d-876f-19b4b6Ba30f3/download/ commonly .. referred to as "sports drinks," or any other similar names, which are defined as Sugar-Sweetened Beverages). ( d) Any Mille Product. (e) Any beverage that contains solely 100% Natural Fruit Juice, Natural Vegetable Juice, or combined Natural Fruit Juice and Natural Vegetable Juice. "Sugary Drinks Distributor Tax" or "Tax" means the general excise tax imposed under Section 553. "Syrup" means any liquid mixture, containing one or more Caloric Sweeteners as an ingredient, intended to be used, or actually used, in making, mixing, or compounding a Sugar-Sweetened Beverage by combining the Syrup with one or more other ingredients. (Added by Proposition V, 11/8/2016) SEC. 553. IMPOSITION OF TAX; DEPOSIT OF PROCEEDS. (a) Effective January 1, 2018, for the privilege of engaging in the business of making an initial Distribution within the City of a Bottled Sugar-Sweetened Beverage, Syrup, or Powder, the City imposes a Sugary Drinks Distributor Tax, which shall be a general excise tax, on the Distributor making the initial Distribution of a Bottled Sugar-Sweetened Beverage, Syrup, or Powder in the City. (b) The Tax shall be calculated as follows: (1) One cent ($0.01) per fluid ounce of a Bottled Sugar-Sweetened Beverage upon the initial Distribution within the City of the Bottled Sugar-Sweetened Beverage; and (2) One cent ($0.01) per fluid ounce of a Sugar-Sweetened Beverage that could be produced from Syrup or Powder upon the initial Distribution of Syrup or Powder. The Tax for Syrups and Powders shall be calculated using the largest volume of Sugar-Sweetened Beverage that would typically be produced by the amount of Syrup or Powder based on the manufacturer's instructions or, if the Distributor uses the Syrup or Powder to produce a Sugar-Sweetened Beverage, the regular practice of the Distributor. ( c) The Tax is a general tax. Proceeds of the Tax are to be deposited in the General Fund. (Added by Proposition V, 11/8/2016) SEC. 554. REGISTRATION OF DISTRIBUTORS; DOCUMENTATION; ADMINISTRATION. (a) Each Distributor shall register with the Tax Collector according to rules and regulations of the Tax Collector, but no earlier than 30 days after the effective date of Article 8. (b) Each Distributor shall keep and preserve all such records as the Tax Collector may require for the purpose of ascertaining compliance with Article 8. (c) Except as otherwise provided under Article 8, the Tax shall be administered pursuant to Article 6 of the Business and Tax Regulations Code. (Added by Proposition V, 11/8/2016) SEC. 555. CREDITS AND REFUNDS. https://export.amlegal.com/api/export-requests/4a07ae88-ada8-474d-876f-19b4b68a30f3/download/ 4/F 11/4/21, 3:15 PM https://export.amlegal.com/apl/export-requests/4a07ae88-ada8-474d-876f-19b4b68a30f3/download/ The Tax Collector shall refund or credit to a Distributor the Tax that is paid with respect to the initial Distribution of a Bottled Sugar-Sweetened Beverage, Syrup, or Powder: (a) that is shipped to a point outside the City for Distribution outside the City; or (b) on which the Tax has already been paid by another Person; or ( c) that has been returned to the Person who Distributed it and for which the entire purchase price has been refunded in cash or credit. (Added by Proposition V, 11/8/2016) SEC. 556. TECHNICAL ASSISTANCE TO THE TAX COLLECTOR. (a) The Department of Public Health shall provide to the Tax Collector technical assistance to identify Bottled Sugar-Sweetened Beverages, Syrups, and Powders subject to the Tax. (b) All City Departments shall provide technical assistance to the Tax Collector to identify Distributors of Bottled Sugar-Sweetened Beverages, Syrups, and Powders. (Added by Proposition V, l l /8/2016) SEC. 557. MUNICIPAL AFFAIR. The People of the City and County of San Francisco hereby declare that the taxation of the distribution of Sugar-Sweetened Beverages, Syrups and Powders, and that the public health impact of Sugar-Sweetened Beverages, separately and together constitute municipal affairs. The People of the City and County of San Francisco hereby further declare their desire for this measure to coexist with any similar tax adopted at the local or state levels. (Added by Proposition V, 11/8/2016) SEC. 558. NOT A SALES AND USE TAX. The tax imposed by this measure is a general excise tax on the privilege of conducting business within the City and County of San Francisco. It is not a sales tax or use tax or other excise tax on the sale, consumption, or use of sugar-sweetened beverages. (Added by Proposition V, 11/8/2016) SEC. 559. SEVERABILITY. If any provision of this measure, or part thereof, or the applicability of any provision or part to any person or circumstances, is for any reason held to be invalid or unconstitutional, the remaining provisions and parts shall not be affected, but shall remain in full force and effect, and to this end the provisions and parts of this measure are severable. The voters hereby declare that this measure, and each portion and part, would have been adopted irrespective of whether any one or more provisions or parts are found to be invalid or unconstitutional. (Added by Proposition V, 11/8/2016) SEC. 560. AMENDMENT. https://export.amlegal.com/api/export-requests/4a07ae88-ada8-474d-876f-19b4b68a30f3/download/ 5/6 2 3 4 5 6 7 8 9 11 12 13 14 ORDINANCE 8184 AN EMERGENCY ORDINANCE AMENDING CHAPTER 3-16, "SUGAR SWEETENED BEVERAGE PRODUCT DISTRIBUTION TAX," B.R.C. 1981, AS AMENDED BY ORDINANCE 8181 RELATED TO THE IMPLEMENTATION OF THE SUGAR SWEETENED BEVERAGE TAX BY AMENDil~G THE EXEMPTION SECTION, RETAILER REPORTING REQUIREMENTS, AND THE DEFINITIONS OF "DISTRIH'JTION" OR "DISTRIBUTE" AND "SUGAR SWEETENED BEVERAGE", AND SETTING FORTH RELATED DETAILS. BE IT ORDAINE J BY THE CITY COUNCIL OF TI-IE CITY OF BOULDER, COLORADO: Section 1. The following definitions Section 3-16-4, B.R.C. 1981, is amended to read: 3-16-4. -Definitions. For the purposes of this Chapter 3-16, unless the context otherwise requires: 15 "Distribution" or "Distribute" means the transfer of title or possession: 16 17 18 19 20 (1) From one bw,iness entity to another for consideration,;_~ (2) Within a single business entity, such as by a wholesale or warehousing unit to a retail outlet er between two or more employees or contractors; or (3) For pro<lu.cts for \vhich the tax impo~,c.:cl bv tbi~ ch~pter has not be,.:n miid bv a prior di~lri butor. "dii;trihution" or "tfo:trihutc" also means tht: placement of a product with ~ rl:tajJcr of suuar-swedened beveraue products. 21 "Distribution" or "Distribute'' shall not mean the retail sale to a consumer. 22 23 24 25 "Sugar-Sweetened Beverage" means any non-alcoholic beverage which contains at least 5 grams of caloric sweetener per 12 fluid ounces. K:\FITA\o-8184 2nd-2688.docx 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 (I) "Sugar-Sweetened Beverage" includes all drinks and beverages commonly referred to as "soda," "pop," "cola," "soft drinks," "sports drinks," "energy drinks," "sweetened ice teas," "sweetened coffees," or any other common names that are derivations thereof. (2) "Sugar-Sweetened Beverage" does not include any of the following: (A) (B) Any beverage in which milk is the primary ingredient, i.e., the ingredient constituting a greater volume of the product than any other; An:;r beverage for medical use; (C) Any liquid sold for use for weight reduction as a meal replacement; (D) Any product commonly referred to as "infant formula" or "baby formula"; (E) (F) (G) (H) Any alcoholic beverage; Any beverage consisting of 100 percent natural fruit or vegetable juice with no added caloric sweetener. Natural fruit juice and natural vegetable juic~ is the original liquid with or without water added resulting from the pressing of fruits or vegetables; Sweetened medication such as cough syrup, liquid pain relievers, fever reducers and similar products; or l<\-n~t:-¾·~ti-t:haHS-tl-i-i.;.1;r-i-fm h.-d-lB r-B :~-aHlti: -l:,1 nh-'t:1f !-.tt y-<tf..G-Ok-ffi1(;H:H-ffi' CfHlSl:-I H1f)i-01H¼!rp:ll'H>-f-it-tnt*-l--p ~-l--tn{;-1-t,di~'+-b~ l 1-, flK:f:l-aP.t4-Jrtflk-5 H'H-~---h--1(-}+-7-to June 30,2+l+~F (-!+' --Any product commonly used exclusively to mix with alcohol that may exceed 5 grams or more per serving of caloric sweetener per 12 0W1ces of fluid that is not a sugar sweetened beverage, including without limitation ma:garita mix, bloody mary mix, daiquiri mix or similar products.,_;-. 21 Section 2. Section 3-16-5, B.R.C. 1981, is amended to read: 22 3-16-5. -Exemptions. 23 The tax imposed by this chapter shall not apply: 24 25 K:\FITA\o-8184 2nd-2688.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (a) (b) (c) (d) (e) To any distribution of syrups and powders sold directly to a consumer and intended for personal use by a consumer that are not already pre-mixed into a sugar-sweetened beverage product such as granulated sugar, honey, agave and similar products. To any milk product. To infant formula. To any alcoholic beverage. To any beverage fer medical use. Section 3. Section 3-16-7, B.R.C. 1981, is amended to read: 3-16-7. -Liability for Tax; Records; Retailer obligations. (a) (b) (c) (d) (e) No receiver of a su5ar-sweetened beverage product from a distributor shall fail to pay and no distributor shall fail to collect the tax levied by this chapter. The receiver of any sugar-sweetened beverage product from a distributor shall include with its records of receipt of such product, the name of the distributor and amount of tax paid to the distributor. The records require.d to be maintained by the receiver of the sugar-sweetened beverage product and the distributor shall preserve all records and reports as provided in Section 3- 2-18, "Taxpayer Duty to Keep Records, Provide Information and File Returns," B.R.C. 1981. The burden ofprovjng that any transaction is not subject to the tax imposed by this chapter is upon the person whom the duty to collect the tax is imposed. In order to aid in th~ city's collection of taxes due under this chapter, when requested by 1 he citv manag~r. any retailer of sugar-sweetened beverage products that receives sugar- sweetened beverage products from a distributor shall: (~ D Provide to the city evidence that the distributor from whom the sugar-sweetened beverage products were received has registered as a distributor with the city; or ~ (-l-J.) Report to the city all such transactions, the volume in ounces of sugar-sweetened beverage products received in each transaction, and the identity and contact information ofthe-!my unreu.isti.:rc-<l distributor from whom the sugar-sweetened beverage pr-:>duct was received and remit it to the city_.t-ftf K:\FIT A \o-8 I 84 2nd-2688.docx 2 J3-)1---'(.-i' oH€i!t-lhc:..J.u~hat-Vireul-fi.-be-pa-yahl~ -i:iS-U-4~lt-H.f-thH rn-.ns-a.a1£+R--b y-#re di~!i:i-batr:t!:.fr-en~t:fH:H--th<:?..-st!:':5ftf-~:veeteMed-i=l(-'-¥ef~e--pffiffi~et-s-\,\-._"ft:1-ft:."'€e-i~E:l r t~mi+-i.H<~ihe-i.~l-fHJ·F 3 Section 4. This ordinance is necessary to protect the public health, safety and welfare of 4 the residents of the city and covers matters of local concern. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 5. The city council finds that immediate passage of this ordinance is necessary for the preservation of the public peace, health, or property. The urgency for adopting this measure is to ensure that all laws are in effect for the implementation of the Sugar-Sweetened Beverage Product Distrib1.1tion Tax that was passed by the voters at the November 8, 2016 election and set for implementation on July 1, 2017. Section 6. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 6th day of June, 2017. Attest: K:\FIT A\o-8 l 84 2nd-2688.docx READ ON SECOND READING, PASSED, AND ADOPTED AS AN EMERGENCY 2 MEASURE BY TWO THIRDS COUNCIL MEMBERS PRESENT, this 20th day of June, 2017. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Attest: K:\FITA \o-8184 2nd-2688.docx SD I SUGARY DRINKS TAX STATEMENT CITY & COUNTY OF SAN -RANCISCO -OFFICE OF THE TREASURER & TAX COLLECTOR JOS~ CISNEROS, TREASURER DAVID AUGUSTINE, TAX COLLECTOR BUSINESS ACCOUNT NUMBER L JCATION IDENTIFICATION NUMBER PERIOD COVERED NAME: ADDRESS: CITY, STATE, ZIP Business Tax Sectlor P.O. Box 742! San Francisco, CA 94120-742! www.sftreasurer.011 DUE DATE 1. Gross Number of Taxable Ounces 2. Credits In Ounces (cannot be greater than line 1, see instructions) 3. Net Number ofTaxable Ounces (lin'! 1 minus line 2) §: fill ~ttl ~ 4. Sugary Drinks Tax: Multiply line 3 b·:' tax rate of $0.01 5. Late Filing Penalty: Add $100.00 if c"elinquent 6. Late Payment Penalty: https://sftre~surer.org/buslness-tax-penalties- and-interest 7. Interest: Multiply line 4 by 1% per 1;1onth if delinquent 8. Administrative Fee: If filed or paid c.fter the due date, add $55.00 9. Total Payment Due: Add line 4 thro:.igh line 8. Make check payable to the SF Tax Collector :EE:EEE:EEE:EE s I I I , I I I I , I I I I . I I I I certify under penalty of perjury that I am the taxpayer (including an officer, general partner, member manager, executor, trustee, fiduciary, or other individual with the authority to I ind the taxpayer), or an agent of the taxpayer authorized to sign this form on behalf of the taxpayer pursuant to a validly executed Pcwer of Attorney and I have examined the foregoing sugary drinks tax statement including any accompanying schedules or worksheets, ar:d the information thereon Is, to the best of my knowledge and belief, true and correct, and fully compliant with ail the requirements provi_Jed in Articles 6 and 8 of the San Francisco Business and Tax Regulations Code. I acknowledge that I am providing information in response to a request for financial information pursuant to Section 6.5-1 of the San Francisco Business and Tax Regulations Code. I am required b·: law to complete this form in its entirety and understand this statement is subject to audit. SIGN HERE PRINT NAME TITLE ------------------ ------------------ ------------------ DATE BUSINESS TELEPHONE # E-MAIL ADDRESS Rev. 12/2/20 From:Palo Alto Free Press To:Aram James Cc:DuBois, Tom; Council, City; Greg Tanaka; Kou, Lydia; Alison Cormack; Shikada, Ed; Stump, Molly; Filseth, Eric (Internal); Greer Stone Subject:Re: Alison is correct -I grudgingly admit!!! Date:Tuesday, November 16, 2021 3:10:10 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.________________________________ You Gotta be kidding me he did not include ordinary citizens of this community? This was unintentionalAram…….it was intentional. Mark Petersen-Perez reporting from Nicaragua Sent from my iPad > On Nov 15, 2021, at 11:36 PM, Aram James <abjpd1@gmail.com> wrote:>> Hi Mayor Dubois,> Such a great idea, sibling sister program, but so sorry you didn’t, apparently, include ordinary citizens on theadvisory board.>> California Public Record Act request>>> Pursuant to the public record act can you provide the name of those on the advisory committee and the racial makeup of the committee. Thanks, aram>> Sent from my iPhone From:Arlene GoetzeTo:Sara Cody; Britt Ehrhardt; County Public Health Department; george.han@phd.sccgov.org; Michele SeatonSubject:Santa Clara & Alameda Overcount Deaths Date:Tuesday, November 16, 2021 2:26:41 PM Some people who received this message don't often get email from photowrite67@yahoo.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking onlinks. 1. Santa Clara Cty & Alameda Overcount Deaths 2. Shots kill 5x more Seniors than the virus 3. Cloth masks are Useless 4. Vaccines do not Replace Need for Other Means 5/. Destroying Lives under 12 with Experimental Injections 1. Investigation: Died 'From' or 'With' COVID? Analysis by Dr. Joseph Mercola Fact Checked * Nov 15, 2021 Santa Clara County deaths 22% wrong; Alameda 25% overcount.-----Highlights-----* Inflated COVID Death Numbers Recorded in Multiple Counties* Financial Incentives to Hospitals likely Contributed to Inflated Number Anyone who had tested positive is a death, no matter how they died, * CDC Now Counting Vaccination Deaths as Unvaccinated Illness CDC is playing with statistics to count anyone who has died within the first 14 days post-injection as unvaccinated.* Death Convulsions Stroke By October 22, 2021, VAERS had recorded 10,956 cases of “rare” 32 Myocarditis and 17,619 deaths from the shot.3. CDc gave a warning but ignored the death count. *AMA Teaches Doctors the Power of Misinformation AMA goes on to provide instructions on how to block, deflect and stall in the face of tough questions where an honest answer might break the official narrative.STORY AT-A-GLANCE * A recent investigative piece by Full Measure revealed a seriousdeath rate miscount in Colorado, including two people out of five whowere not dead * Analysis of the number of people who died in Santa Clara andAlameda counties in California found there was a 22% and roughly 25%overcount in the death rate * Former CDC director Dr. Robert Redfield admitted financialpolicies may have artificially inflated hospitalization rates and death tollstatistics * The CDC is now counting people who die within 14 days of theirshot as an unvaccinated death, further skewing the death toll results andhiding deaths that result from the COVID jab. * New guidelines from the AMA are teaching doctors how toparticipate in misinformation campaigns using “language swaps” andapproved social media posts to ensure the public doesn’t look closely at vaccineinjuries. In July 2021, Santa Clara and Alameda counties in California did ananalysis of the number of people who died from COVID-19. Santa Clara found asignificant discrepancy. The data did not change. The number of actual deaths did not change. But the authorities found 22% of the deaths recorded fromCOVID -19 could not be attributed to the virus. The new numbers were generated by counting only those people whose cause of death was ‘from’ the virus. They left off the people who had tested positive at the time of death, but whose cause of death was not the result of an infection from SARS-CoV-2. In the month before, Alameda County recounted their deaths and registered a drop of roughly 25%. Dr. Monica Gandy is an infectious disease expert at the University of 7 8 ------------------------------- California San Francisco. She spoke with a reporter from CBS KPIX San Francisco and rather optimistically believed the CDC “may soon ask all counties to do the same as Alameda and Santa Clara Counties and that thenation could also see a drop in its COVID-19 death toll.” Yet, it was only several short months later that data confirmed what many already knew: The number of people who died “from” COVID-19 we're not the same as those who died “with” COVID-19. The differentiation is not subtle. In the first case, individuals died from the disease. However, in the second case, an individual may have tested positive for COVID-19 within the last 28 days but died from other health conditions,such as heart disease, diabetes or end stage cancer. Inaccurate and high false positive rates from PCR tests likely contributed to the number of individuals who died “with” COVID-19. PCR tests use something called “cycle thresholds” to look for positive cases. The higher the threshold, the greater the risk a healthy person is labeled as a COVID-19 “case.”5 In reality, PCR testing is not a proper diagnostic tool.6 Yet, it has supported the promoted narrative that theU.S. is suffering from a rising number of deaths.----------------------The full article is removed from the web 2 days after posting. Ifanyoneneeds the whole story, email a request to photowrite67@yahoo.com. This portion is forwarded by Arlene Goetze, MA, writer/editor, No Toxins for Children. --------------------------2. Shots kill 5x more Seniors than Virus COVID Jab More Dangerous Than AdvertisedAnalysis by Dr. Joseph Mercola Fact Checked * November 16, 2021 STORY AT-A-GLANCE * According to a September 2021 analysis, based on conservative, best- case scenarios, the COVID shots have killed five times more seniors (65+)than the infection * In younger people and children, the risk associated with the COVIDshot, compared to the risk of COVID-19, is bound to be even more pronounced * Data show higher vaccination rates do not translate into lower COVID-19 case rates * The COVID shots are an epic failure. The U.S. Centers for Disease Control and Prevention reports having more than 30,000 spontaneousreports of either hospitalizations and/or deaths among the fullyvaccinated; data from the Centers for Medicare & Medicaid Services show 300,000vaccinated CMS recipients have been hospitalized with breakthrough infections; 60% of seniors over age 65 hospitalized for COVID-19 have beenvaccinated * 50% of reported deaths after COVID-19 “vaccination” occurwithin 24 hours; 80% occur within the first week. According to one report, 86% of deaths have no other explanation aside from a vaccine adverseevent. A Scandinavian study concluded about 40% of post-jab deaths among seniors in assisted living homes are directly due to the injection--------The full article is removed from the web within 2 days ofprinting. 3. Little Evidence Supports Use of Cloth Masks to Limit Spread of Coronavirus: Analysis BY ZACHARY STIEBER Updated: November 15, 2021 The Epoch Times : "Cloth masks are of little use against COVID-19, according to a recently published analysis."Introduction: Until April 2020, World Health Organization COVID-19 guidelines stated that “[cloth (e.g. cotton or gauze) masks are not recommended under any circumstance,”1 which were updated in June 2020 to state that “the widespread use of masks by healthy people in 2 9 the community setting is not yet supported by high quality or direct scientific evidence.” In the surgical theater context, a Cochrane review found “no statistically significant difference in infection rates between the masked and unmasked group in any of the trials.”3 Another Cochrane review, of influenza-like-illness, found “low certainty evidence from ninetrials (3507 participants) that wearing a mask may make little or no difference to the outcome of influenza- like illness (ILI) compared to not wearing a mask (risk ratio (RR) 0.99, 95% confidence interval(CI) 0.82 to 1.18).”4 These observations may come as a surprise to those in countries, such as the United States, where government leaders, news media, andeven public health officials have repeatedly asserted that the widespread use of masks will help to prevent transmission of severe acuterespiratory syndrome coronavirus 2 (SARS-CoV-2), the virus that causes COVID-19. By September 2020, the U.S. federal government had distributed 600 million face masks for use by the public as part of the response to the pandemic.5,6 4. WHO: "Vaccines do not replace the need for other precautions". New York Times in MercuryNews, Nov 15, 2021 " Covid -19 is surging in countries . . . with some of the world's highest vaccineated rates in Western Europe. Wehave said again and again that vaccines do not replace the need for other precautions." Dr. Tedros Adhanom Ghebreyesus, WHO, World Health Org. 5. Children Zero Chance to Die. Why Shoot Them? Health Impact News August 14, 2021. Nov. 9, 2021 The facts are clear and undisputed even by the CDC: Children and young adults have a nearly zero chance of dying from COVID-19. So what’s the rush with injecting them with a scienceresearch experiment that has no long-term knowns beyond a few months? Even more so, why mandate it when teen after teen is developing blood clots and having heart attacks and other heart issues? Why give it to children under 12 now, when reports were already coming in as of August 2021, ofmyocarditis, heart attacks and neurological problems in 12-year-olds? A slide show asks these questions, with report after report of youth deaths and injuries. In it, one teen obviouslystruggling with severe neurological issues says she isn’t staying quiet about this any longer “I’m done hiding,” she says. “There are several stories like mine. The same doctors who told us this was safe are the same doctors brushing us off as if we didn’t matter.” It’s time for her and the othersto be “heard, seen and believed,” she says. The slide show focuses on profile after profile of young people injured and/or dead after takingthis shot, including an 18-year-old who’s had three brain surgeries after the Johnson & Johnson shot. The mRNA shots are just as responsible for other deaths and injuries, the video shows. It ends with a young girl sobbing and begging not to take the shot; and then it asks: “We aredestroying our young and our future. How much longer are we going to allow this?” SOURCE: Health Impact News August 14, 2021 Condensed and forwarded by Arlene Goetze, MA, writer/editorNo Toxins for Children From:Jim Fitzgerald To:Architectural Review Board; Planning Commission Cc:Council, City Subject:New Castilleja submission please approve Date:Tuesday, November 16, 2021 2:05:42 PM Some people who received this message don't often get email from jimfitz8@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello, Please review the latest submission from Castilleja campus modernization and approveone of the 5 versions. Having already approved this project once before, I hope this will be a simple and quick process for all of you. Once again, Castilleja has gone above andbeyond with five different versions for you to choose from. The repeated delays and tactics perpetrated by a vocal minority has had a detrimental effect on Castilleja fulfilling itsmission to educate young women. Your support and rapid, affirmative resolution of this proposal will help to heal this damage and send a message to all that Palo Altoenthusiastically believes in the incredible value of Castilleja’s mission to educate women. The changes to the garage, the adjustments to the pool, and the new option for the loading entrance all preserve more trees. I recommend and prefer the garage plan with 69 spaces, to move as many cars as possible below ground, but the plan with 52 cars that the City Council asked for is also there. Also keeping the loading dock above ground is a preferred approach for preserving trees which is a priority for the community, but the good news is that if you go with the other option that moves deliveries below grade that will work as well. The greatest step forward for Castilleja, the neighborhood and the city will come when you approve this for the last time and allow the school to break ground on this exciting and beautiful update. Regards, Jim Fitzgerald -- Jim FitzgeraldM: 650 888-1293Email: jimfitz8@gmail.comhttp://www.linkedin.com/in/jimfitz8 αιεν αριστευειν From:Eduardo Llach To:Council, City Subject:Castilleja - We support Option 2 for the Pool while preserving tree 89 Date:Tuesday, November 16, 2021 10:49:12 AM Some people who received this message don't often get email from eduardo@kromephotos.com.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council, Thank you for your deliberation on the Castilleja project. We are at the 1 yard finish line . Re: the upcoming hearing on Castilleja – We support Option 2 for the pool which preserves tree 89. I just want to send a quick note ahead of your upcoming hearing that has Castilleja on the agenda. One of the topics that you’ll be considering are two options for the pool, both which will help protect tree 89. It looks like one of the options is to move the pool altogether, but that option will force the school to forego underground deliveries. I would think that is an unacceptable solution, since mitigating noise is a high priority for the school and immediate neighbors. A second option adjusts the placement of a stairway and transformer at the pool site, still protecting tree 89 and preserving the underground deliveries. Since tree 89 is preserved in both options, I would think the second option should be the clear solution. Under this option, the noise for the neighborhood will be reduced if deliveries are below grade and will not require the construction of an acoustic fence. I hope we can protect the tree and retain underground deliveries. Thank you very much, Eduardo Llach Churchill Avenue, Palo Alto From:Palo Alto Free Press To:Shikada, Ed Cc:Council, City; hrc Human Rights; Sean Webby; mark weiss; Jay Boyarsky; Reifschneider, James; Jeff Rosen; Jonsen, Robert; Perron, Zachary; Binder, Andrew;Stump, MollySubject:When we tweet they listen you don"t none of you. Date:Tuesday, November 16, 2021 9:16:45 AM Attachments:image0.png PBSO NEWS HOUR PBS NewsHour 0 @NewsHour allows you Following PBS NewsHour is one of the most trusted news programs on TV and online. @) Arlington, VA I New York, NY 8 pbs.org/newshour/ [El Joined April 2008 113.4K Following 1.1M Followers Followed by U.S. Mission to CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.________________________________ Sent from my iPhone Tweets Tweets & replies Media 4 Pinned Tweet PBSO NEWS HOUR PBS NewsHour e @N ... · 4d ··· FRIDAY: @Nav·gatingN.kki speaks with @Paya _Patel and @LauraSanthanam to ans your questions about child Q From:Charles Stevens To:Architectural Review Board Cc:Council, City Subject:Castilleja garage Date:Tuesday, November 16, 2021 7:55:52 AM Some people who received this message don't often get email from charbra@sbcglobal.net. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Commissioners - We have lived in Palo Alto since 1974; our kids and grandkids attended PAUSD schools. We don’t often engage in Palo Alto issues, but the Castilleja project is important to us because our city was founded for its dedication to education. Castilleja is an important institution for our city, bringing national acclaim for their leadership curriculum for young women. Let’s please stop the long political delays around this project and vote to move it forward. When you meet in December, please vote in favor of the 69 car underground garage. This structure would absolutely not harm any trees, nor would it add any additional traffic. Although Council asked the school to design a garage for 52 cars, the addition of 17 cars allows the school to fulfill the City’s required number of spaces AND moves that many more cars off the streets. The additional capacity will bring NO additional traffic to the neighborhood, because the conditions of approval state clearly that the school can not increase traffic. Please give the school your support as they hope to open access to single sex education (for those who seek it), to modernize their very dated campus, and to avoid the hideous option of having to park all their cars on Spieker Field. Parking cars in the garage improves the neighborhood aesthetic, clearly stated in the EIR which you endorsed. Thank you for your careful consideration, and let’s please move on and vote to approve this project in full. Barbara and Charlie Stevens Edgewood Drive From:Charles Stevens To:Planning Commission Cc:Council, City Subject:Castilleja garage Date:Tuesday, November 16, 2021 7:54:17 AM Some people who received this message don't often get email from charbra@sbcglobal.net. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Commissioners - We have lived in Palo Alto since 1974; our kids and grandkids attended PAUSD schools. We don’t often engage in Palo Alto issues, but the Castilleja project is important to us because our city was founded for its dedication to education. Castilleja is an important institution for our city, bringing national acclaim for their leadership curriculum for young women. Let’s please stop the long political delays around this project and vote to move it forward. When you meet in December, please vote in favor of the 69 car underground garage. This structure would absolutely not harm any trees, nor would it add any additional traffic. Although Council asked the school to design a garage for 52 cars, the addition of 17 cars allows the school to fulfill the City’s required number of spaces AND moves that many more cars off the streets. The additional capacity will bring NO additional traffic to the neighborhood, because the conditions of approval state clearly that the school can not increase traffic. Please give the school your support as they hope to open access to single sex education (for those who seek it), to modernize their very dated campus, and to avoid the hideous option of having to park all their cars on Spieker Field. Parking cars in the garage improves the neighborhood aesthetic, clearly stated in the EIR which you endorsed. Thank you for your careful consideration, and let’s please move on and vote to approve this project in full. Barbara and Charlie Stevens Edgewood Drive From:Priya Chandrasekar To:Architectural Review Board Cc:Council, City; Planning Commission Subject:Castilleja project Date:Tuesday, November 16, 2021 6:00:12 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Commissioners Thompson, Lee, Baltay, Hirsch, and Lew, I realize that three of your terms are ending quite soon; thank you very much for your dedicated public service to the City of Palo Alto. You have done a great job overseeing the harmonious development of our City, and I am grateful. In early December, you will once again be asked to review the Castilleja master plan. Back in March, City Council asked Castilleja to return to the ARB to revisit the square footage of the building. And on December 2, you’ll have the opportunity to review the school’s improvements. You’ll see that: The proposed square footage has been reduced by 1,830 sq. feet, which is the correct amount to make sure that it does not exceed current above ground square footage The underground garage’s size is being reduced to preserve trees The pool stairway is adjusted (and in one option the pool is shifted) so that more trees can be better protected and preserved To me, all of these changes further demonstrate the school’s commitment to comply with city code, to respond to feedback, and to improve daily life and aesthetics in the neighborhood. And now, we are long overdue for this project to be voted on and approved. The school has spent years adjusting their plans according to feedback, and that must be recognized - and it’s time for our city and the school to move on. Please vote to approve their plans. Thank you again, Priya Chandrasekar 649 Seneca Street • • • My husband and I are big supporters of protecting the environment. Our jobs switched to work from home and we no longer needed a second car. We couldn’t think of a better nonprofit to give to. – Anonymous donor Dear Supporter, When you donate your car to the Sierra Club Foundation, you help support ourwork advancing climate solutions, fighting for clean air and water, and keeping our wild places wild. And, this year, we're working with our partners at CARS to reach 1,000 donated vehicles in 2021, which could mean $600,000 raised for our work. We're so close—could your vehicle be the one to put us over the top? It's Easy! Get Started Today. From:Sierra Club To:Council, City Subject:Supporter, donate your car to help defend climate and clean energy progress Date:Tuesday, November 16, 2021 4:14:33 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. LIVE WELL, DO GOOD Donate now by calling 855-337-4377 or visitsierraclubfoundation.careasy.org. Our partners at CARS will handle the rest —including picking up your vehicle from any location, no matter its condition, at no cost to you. Whether it's running or not, CARS accepts your truck, trailer, boat, motorcycle, or other vehicle. And you may qualify for a tax deduction! Donate your vehicle by December 31 to be eligible for a 2021 tax deduction. Thank you, The Sierra Club Foundation This email was sent to: city.council@cityofpaloalto.org This email was sent by the Sierra Club 2101 Webster St., Suite 1300, Oakland, CA 94612 Manage Preferences | Unsubscribe | View as Web Page From:Dilma Coleman To:60amw.actionline@us.af.mil; uff.affarilegislativi@cert.vigilfuoco.it Cc:alfonso.lopez@ado.sccgov.org; mcallister@mcallisterlaw.com Subject:Fwd: The premeditated shooting of Jasper Wu is on repeat a bit similar to other freeway Shootings. Wet thedog.Use a Bowl. Fill it cold .Do it with soapy. Step on bars. Apply 10-50 cartwheels then shoot Louis Farrakhan.Pink pink pink pink. Gold Gold g... Date:Tuesday, November 16, 2021 2:48:33 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. ---------- Forwarded message --------- From: Dilma Coleman <dhappinessforever@gmail.com>Date: Tue, Nov 16, 2021, 1:55 AM Subject: The premeditated shooting of Jasper Wu is on repeat a bit similar to other freewayShootings. Wet the dog.Use a Bowl. Fill it cold .Do it with soapy. Step on bars. Apply 10-50 cartwheels then shoot Louis Farrakhan. Pink pink pink pink. Gold Gold gold gold gold.Oakland city councilman Noel Gallo his hate on Asians especially Negro Asians is being told by Diva Lee.To: <larmstrong@oaklandca.gov>, <sfpdbayviewstation@sfgov.org> Cc: <information@royaljaipur.in>, <Fire@cityofpaloalto.org> Hello it's Diva Lee aka Diva Jobs trapped in the name Dilma Coleman. Arrest Noel Gallo and Jane Sands for the Habitual santanic sadistic murder of former Deer Creek Prison inmate LuisRomero who died by the hands of Sadistic killer Jane Sands, Noel Gallo and others. Arrest Noel Gallo and Jane Sands for their Habitual disturbed behaviors at the Fairgrounds in SanJose CA. Jane Sands once had an identity twin sibilng who was killed at Menlo Atherton High School in Menlo Park CA. Jane Sands is a Habitual storyteller whereas her employment withthe government especially those selected judges in Santa Clara County..add in Santa Clara DA Jeff Rosen and Santa Clara Sheriffs Laurie Smith. Who knows how to stop em especiallywhen they love to use the word transparency. What occurred on July 2, 2021 or something like towards the end of July 2021 at the fairgrounds in San Jose CA with Cherry Wu, JasperWu,Noel Gallo,Dilma Coleman aka Diva lee andJane Sands? Cherry Wu gave condolences to Dilma Coleman whereas Dilma Coleman aka Diva Lee had twins yet one baby deceased theone who survived went into an adopted situation or something like that. Diva Lee is a chinese Empress negro italian Afghan Jamaican. Oakland ca ought to be happy with the geographic location of Oakland police homicide dept psychic Diva Lee is remotelyoff her loud farts louder expired at the fairgrounds in San Jose CA. Argue it. "I don't see nothing wrong with a bump n Grind". Noel Gallo is Wanted Dead or Alive for his targetedpremeditated hate on Asians. Diva Lee Argues it. Diva Lee aka Dilma Coleman argues that she was trapped forced away from her children and inherited real estate properties whereasOakland City councilman Noel Gallo had affiliated with the Vigilantes for the past 20+ years especially at Menlo Atherton High school. Diva Lee argues that Noel Gallo had beenprogrammed to remove babies in a cult gang activity whereas the GHB drug is administered. What did Noel Do at the Fairgrounds in San Jose CA whereas Diva Lee argues that she was incontact with Jasper Wu. What type of verbal commands did Noel Gallo make whereas get get get get up shut up update. What were the commands that Noel Made whereas Ersie Joyner gotshot then rapper Theze got killed whereas Hero's owner Alan Gumby Marquess had targeted Diva Lee plus plus plus sizes size 9 width shoe was thrown out of the Honda CRX on Stockton Ave San Jose CA. That's good reasoning especially when they targeted Arbury casewhich needs to be relocated to California because there is evidence that those individuals who did the shooting are from California. Those who targeted Ahmaud Arbury in 2013 stole a gunfrom Diva Lee switched it out then abandoned the gun intentionally into Ahmaud Arbury. It was Alan Marques and that Noel Gallo who did all that stuff to Ahmaud Arbury's gunpossession at a high school or was it really Google CEO Larry Page? Diva Lee argues that she seen Noel Gallo at the San Jose CA Fairgrounds Whereas that's where She was trapped to givebirth in July 2021 or something like that. Noel Gallo was also seen at the LA Jolla oceanfront mansion Whereas singer Alicia Keyes Swizz Beats acquired that property illegally. Yes. NoelGallo is a gangster who's involvement on Asian Hate is prolific. Who cares I scare ur face mask Mr.Gallo because of ur sadistic masochistly cult behaviors especially when it's Affiliatedwith Barbara Lee, Shirley Weber especially those who killed Laci Peterson Yvette Pena Corcoran inmate Luis Romero with similar appearances of the highest blades used for animalhunting yet it's Paleolithic cannibalism protestors who congregate for political campaigns fundraising campaign event. The murders in Corocan state prison and the premeditatedsuicides in Santa Rita jail are from the organized Gematria santanic sadistic ritualistics of Noel Gallo, Senator Diane Feinsteins's husband Richard Blum including Katherine Feinstein andRick Marino's cohorts. I ain't stressed..i stretch like elasta girl obviously Red Cross outraged. Those other Negro Asians who do the opposite on their religious santanic sadistic practices areAffiliated with Barbara Lee Oprah Winfrey Kris Jenner Joan Grande Joyce Meyers Colin Kaepernick, Lucinda Southworth Qatari businessman Wissam Al Mana Janet Jacksonespecially Nessa Diab and Joi Thomas. Joi Thomas the wife of Jarrett Adams is possibly the daughter in law of Lorraine Taylor (1000 mother's against gun violence) Diva Lee a chineseEmpress Afghan, Jamaican Italian women daughter of Jamaican chinese man argues it. Strength,Courage & Wisdom was written by Diva Lee song sung by India Arie wasn't writtenby The Utah born women. Songs sung by Diva Lee mostly all of them wasn't Morman based or something like that jehovah witnesses whereas India Arie sung that it's true that themelodies to all those songs Diva Lee wrote was done in Chinatown whereas Singer India Arie born in Utah really ain't that creative in melodies or written words that rhyme and makesense. Attachment#4 Targets Asian people especially immigrants from China he is often seen in E.Palo Alto,CA,San Jose,CA and other geographic locations Whereas Asians andsomething like Negros mixed with Asians have real estates or something like the Asian women are trapped in the worst transparent gang territorial grounds while their husbands aresecluded separated from whatever the Donald Trump Administration cabinet especially those who participated in the hate against Asians. Diva Lee MD to JD Neurosugeon formerChildren's hospital says that to be shot in the head from a moving vehicle from a freeway is a planned organized situation. Diva Lee says that Oakland City councilman Noel Gallo shouldbe wanted Dead or Alive for his affiliated gang affiliation. . Diva Lee could give a detailed charector analysis of Mr. Gallo from the 1980's. Best regards Diva Lee aka Diva Jobs trappedin the name Dilma Coleman. From:Dilma Coleman To:cityattorney@santaclaraca.gov; Council, City Cc:cityofdp@cityofdp.com; Rabbi David Booth Subject:Fwd: The premeditated shooting of Jasper Wu is on repeat a bit similar to other freeway Shootings. Wet thedog.Use a Bowl. Fill it cold .Do it with soapy. Step on bars. Apply 10-50 cartwheels then shoot Louis Farrakhan.Pink pink pink pink. Gold Gold g... Date:Tuesday, November 16, 2021 2:34:12 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. ---------- Forwarded message --------- From: Dilma Coleman <dhappinessforever@gmail.com>Date: Tue, Nov 16, 2021, 1:55 AM Subject: The premeditated shooting of Jasper Wu is on repeat a bit similar to other freewayShootings. Wet the dog.Use a Bowl. Fill it cold .Do it with soapy. Step on bars. Apply 10-50 cartwheels then shoot Louis Farrakhan. Pink pink pink pink. Gold Gold gold gold gold.Oakland city councilman Noel Gallo his hate on Asians especially Negro Asians is being told by Diva Lee.To: <larmstrong@oaklandca.gov>, <sfpdbayviewstation@sfgov.org> Cc: <information@royaljaipur.in>, <Fire@cityofpaloalto.org> Hello it's Diva Lee aka Diva Jobs trapped in the name Dilma Coleman. Arrest Noel Gallo and Jane Sands for the Habitual santanic sadistic murder of former Deer Creek Prison inmate LuisRomero who died by the hands of Sadistic killer Jane Sands, Noel Gallo and others. Arrest Noel Gallo and Jane Sands for their Habitual disturbed behaviors at the Fairgrounds in SanJose CA. Jane Sands once had an identity twin sibilng who was killed at Menlo Atherton High School in Menlo Park CA. Jane Sands is a Habitual storyteller whereas her employment withthe government especially those selected judges in Santa Clara County..add in Santa Clara DA Jeff Rosen and Santa Clara Sheriffs Laurie Smith. Who knows how to stop em especiallywhen they love to use the word transparency. What occurred on July 2, 2021 or something like towards the end of July 2021 at the fairgrounds in San Jose CA with Cherry Wu, JasperWu,Noel Gallo,Dilma Coleman aka Diva lee andJane Sands? Cherry Wu gave condolences to Dilma Coleman whereas Dilma Coleman aka Diva Lee had twins yet one baby deceased theone who survived went into an adopted situation or something like that. Diva Lee is a chinese Empress negro italian Afghan Jamaican. Oakland ca ought to be happy with the geographic location of Oakland police homicide dept psychic Diva Lee is remotelyoff her loud farts louder expired at the fairgrounds in San Jose CA. Argue it. "I don't see nothing wrong with a bump n Grind". Noel Gallo is Wanted Dead or Alive for his targetedpremeditated hate on Asians. Diva Lee Argues it. Diva Lee aka Dilma Coleman argues that she was trapped forced away from her children and inherited real estate properties whereasOakland City councilman Noel Gallo had affiliated with the Vigilantes for the past 20+ years especially at Menlo Atherton High school. Diva Lee argues that Noel Gallo had beenprogrammed to remove babies in a cult gang activity whereas the GHB drug is administered. What did Noel Do at the Fairgrounds in San Jose CA whereas Diva Lee argues that she was incontact with Jasper Wu. What type of verbal commands did Noel Gallo make whereas get get get get up shut up update. What were the commands that Noel Made whereas Ersie Joyner gotshot then rapper Theze got killed whereas Hero's owner Alan Gumby Marquess had targeted Diva Lee plus plus plus sizes size 9 width shoe was thrown out of the Honda CRX on Stockton Ave San Jose CA. That's good reasoning especially when they targeted Arbury casewhich needs to be relocated to California because there is evidence that those individuals who did the shooting are from California. Those who targeted Ahmaud Arbury in 2013 stole a gunfrom Diva Lee switched it out then abandoned the gun intentionally into Ahmaud Arbury. It was Alan Marques and that Noel Gallo who did all that stuff to Ahmaud Arbury's gunpossession at a high school or was it really Google CEO Larry Page? Diva Lee argues that she seen Noel Gallo at the San Jose CA Fairgrounds Whereas that's where She was trapped to givebirth in July 2021 or something like that. Noel Gallo was also seen at the LA Jolla oceanfront mansion Whereas singer Alicia Keyes Swizz Beats acquired that property illegally. Yes. NoelGallo is a gangster who's involvement on Asian Hate is prolific. Who cares I scare ur face mask Mr.Gallo because of ur sadistic masochistly cult behaviors especially when it's Affiliatedwith Barbara Lee, Shirley Weber especially those who killed Laci Peterson Yvette Pena Corcoran inmate Luis Romero with similar appearances of the highest blades used for animalhunting yet it's Paleolithic cannibalism protestors who congregate for political campaigns fundraising campaign event. The murders in Corocan state prison and the premeditatedsuicides in Santa Rita jail are from the organized Gematria santanic sadistic ritualistics of Noel Gallo, Senator Diane Feinsteins's husband Richard Blum including Katherine Feinstein andRick Marino's cohorts. I ain't stressed..i stretch like elasta girl obviously Red Cross outraged. Those other Negro Asians who do the opposite on their religious santanic sadistic practices areAffiliated with Barbara Lee Oprah Winfrey Kris Jenner Joan Grande Joyce Meyers Colin Kaepernick, Lucinda Southworth Qatari businessman Wissam Al Mana Janet Jacksonespecially Nessa Diab and Joi Thomas. Joi Thomas the wife of Jarrett Adams is possibly the daughter in law of Lorraine Taylor (1000 mother's against gun violence) Diva Lee a chineseEmpress Afghan, Jamaican Italian women daughter of Jamaican chinese man argues it. Strength,Courage & Wisdom was written by Diva Lee song sung by India Arie wasn't writtenby The Utah born women. Songs sung by Diva Lee mostly all of them wasn't Morman based or something like that jehovah witnesses whereas India Arie sung that it's true that themelodies to all those songs Diva Lee wrote was done in Chinatown whereas Singer India Arie born in Utah really ain't that creative in melodies or written words that rhyme and makesense. Attachment#4 Targets Asian people especially immigrants from China he is often seen in E.Palo Alto,CA,San Jose,CA and other geographic locations Whereas Asians andsomething like Negros mixed with Asians have real estates or something like the Asian women are trapped in the worst transparent gang territorial grounds while their husbands aresecluded separated from whatever the Donald Trump Administration cabinet especially those who participated in the hate against Asians. Diva Lee MD to JD Neurosugeon formerChildren's hospital says that to be shot in the head from a moving vehicle from a freeway is a planned organized situation. Diva Lee says that Oakland City councilman Noel Gallo shouldbe wanted Dead or Alive for his affiliated gang affiliation. . Diva Lee could give a detailed charector analysis of Mr. Gallo from the 1980's. Best regards Diva Lee aka Diva Jobs trappedin the name Dilma Coleman. From:Li To:Council, City Subject:Please reject rental control Date:Monday, November 15, 2021 11:53:58 PM Some people who received this message don't often get email from rziyo@yahoo.com. Learn whythis is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor DuBois and City Council members,As a home owner, I have lived in Palo Alto for more than 20 years. Like my neighbors andmy friends who rent, I love Palo Alto and hope it become better rather deteriorated. That’swhy I write to you to express my concerns about rent control. I think rent control is a bad idea. Let’s see what rental control can do for Pal Alto housing market and Palo Alto city: <!--[if !supportLists]-->1. <!--[endif]-->Under rental control - Landlord Isn't Incentivized to Upgrade the rental property <!--[if !supportLists]-->2. <!--[endif]-->Under rental control - Housing Conditions and QualityDecline <!--[if !supportLists]-->3. <!--[endif]-->Under rental control - Palo Alto school receives Less Property Tax Support due to lower the market value of properties – let’s not forget Rent Control Policies on theImpact of Property Taxes 4. <!--[endif]-->Under rental control – Palo Alto will have less rental properties, Shortage of rental properties on the market, because rent controls put the rent growth rate of “controlled” properties below the market-determined growth rate, which leads to excess demand at the lower rents. Given a fixed supply of units in the short-term, this leads to a Shortage of rental properties rent controls discourage housing providers continue to provide rental properties and the landlords will give up the rental business. They will sell the properties, especially in Palo Alto as results, less rental properties available for renters to find housing in Palo Altofor example, In Sweden, under severe rental control, the average wait time to rentan apartment is 9 years. <!--[if !supportLists]-->5. <!--[endif]-->Under rental control - Bad Tenants Stay Put, Palo Alto will sooner later become next San Francisco and Oakland, a deteriorated city <!--[if !supportLists]-->6. <!--[endif]-->Under rental control - Less Renter Mobility – it freezes our city and stops Palo Alto from adjusting to changes, a way that freezes people in apartments and stops the motion that isinherent in cities In conclusion, <!--[if !supportLists]-->1. <!--[endif]-->Rent Control Doesn’t Work Rent control accomplish a narrow, short-term goal — making existing housing more affordable for a select group of people — at the expenseof the long-term goal of making a city more affordable generally. <!--[if !supportLists]-->2. <!--[endif]-->Rental control destroy our city - As famous economist Assar Lindbeck said, “I know of no way to destroy a city that was more effective than rent control,” Please reject the Renter Protection Policy Package recommendation! • • • • Thank you! Li From:Lillian Lily H To:Council, City Subject:Oppose Rent Control in Palo Alto Date:Monday, November 15, 2021 10:39:36 PM [Some people who received this message don't often get email from lilyhuangliao@gmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear council members, I am a homeowner in Palo Alto. I strongly oppose the rent control in Palo Alto. Based on the current building cost in housing, plus maintenance cost, it is extremely hard to be a landlord already, perhaps under 3 - 5% return. The retirees are willing to rent a room or two from their home to help with their living expenses. The super rich billionaires don't need to rent out their home. The rent control will greatly hurt middle income families. I am wondering if you have looked at the San Francisco housing market. I searched online and find over 2000 units (single home, condo, multifamilies) under $3million for sale. The landlords and homeowners are fed up by the housing policy there and want to sell and move out. Does Palo Alto want to follow that example? Please do think long term and preserve this great city. Thank you very much for your positive consideration! Best Regards, Lily Huang From:Yinqing Zhao To:Council, City Subject:Oppose extreme house rental controls Date:Monday, November 15, 2021 10:35:19 PM Some people who received this message don't often get email from carial2004@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor DuBois and City Council members: I joined tonight's city council meeting especially for the discussion on the proposed house rental control policy. As a landlord in Palo Alto, I would like to express the following points: (1) For some reason (there is not enough time?), I was not allowed to speak out on the meeting. I don't think this is acceptable. For such an important topic, city council should give opportunity to everyone that is interested in this topic to speak out about their propositions/oppositions. In this way, City Council can hear from different perspectives and it will help in the next steps. If time is not permitted, City Council should arrange several sessions on this topic. The Constitution gives everyone the right of free speech and City Council should repect this right. (2) I have carefully read all the items in the rent control proposal. I oppose every items in the proposal. The reason is simple: this proposal is to put lots of burden/restrictions on the landlord in order to solve the problems in house renting. The root cause of those problems is not the landlord, but the economy structure of the Bay Area. If those proposals were executed, the only results is that lots landlords will withdraw the houses from the renting market and there will be fewer houses in Palo Alto for rent. The problems will not br solved, but exacerbate. (3) The correct proposal should take the inputs from Palo Alto landlords, tenants, but not some parties targeted at landlords. I urge you to reject the recommendations before you. Thanks. Yinqing From:Aram James To:Filseth, Eric (Internal) Cc:Council, City Subject:Palo Alto Mediation -my recent experience Date:Monday, November 15, 2021 10:31:23 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.________________________________ Hi Eric,In September I handled a mediation for one of my sons, who rents a unit here in Palo Alto, using the Palo Altomediation process. The rent increase requested was $260. We managed to have the rent reduced $50.00, a very smallvictory…particularly with all the problems at this very large and expensive complex. I’m happy to discuss ourexperience with anyone on the city council. Based on my experience the mediation staff, volunteers, is overwhelmedwith cases. Just my experience. aram Sent from my iPhone From:Jen Liu To:Council, City Subject:Oppose Extreme Controls on Housing Date:Monday, November 15, 2021 10:23:06 PM [Some people who received this message don't often get email from jenliu_01@yahoo.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear Mayor DuBois and City Council members: I’m a long time Palo Alto resident, and I love Palo Alto. I’m deeply concerned about the impacts caused by the proposed Renter Protection Policies. A couple of years ago, California already passed AB 1482, a comprehensive set of tenant protection policies. Palo Alto tenants are already under good protection. Now the city is proposing much stricter rent control. Let’s take a look at the cities that have strict rent control for many years: San Francisco, Oakland, East Palo Alto, Berkeley. What do they have in common: high crime rates because it’s extremely hard for landlords to evict problematic tenants. More shabby apartments because landlords don’t have enough resources and motivation to maintain the properties. A Nobel price economist said “there are two ways to destroy a city. To bomb it, or to have rent control. Please don’t destroy our beloved Palo Alto. Rental price is a matter of supply and demand. The best way to address the housing shortage is to have housing friendly polices to encourage more supplies. Thank you very much. Jennifer Liu From:Ellen Zhu To:Council, City Subject:Oppose RC proposal in Palo Alto Date:Monday, November 15, 2021 10:17:53 PM [Some people who received this message don't often get email from ellen.j.zhu@gmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear Mayor DuBois and City Council members, I’m a Palo Alto resident. I am NOT a landlord in Palo Alto. However, I’m deeply concerned about the Renter Protection Policy recommendations. Those proposals are bad for landlords as well as for tenants. I know what happened surroundings that the past year and a half is extremely hard for landlords. Rents have decreased, there are more unpaid or delayed rents, and expenses for maintenance, utilities and insurance skyrocketed. This means that it’s getting harder and harder to do the rental business. Passing the proposed Renter Protection Policy is like hitting a man when he’s down. When housing providers give up, it hurts renters since it’ll be even harder to find accordable housing. In Sweden, the average wait time to rent an apartment is 9 years. Why? Because there’s severe rent control. Housing providers give up the rental business when it’s getting too hard. Builders stop building apartments because no one is interested in buying them. The ultimate suffers are the renters. Are we trying to repeat the story of Sweden? Please think twice! Thank you very much! Ellen From:BAHN Org To:Council, City Subject:Re: Oppose Extreme Controls on Housing Date:Monday, November 15, 2021 10:15:31 PM Some people who received this message don't often get email from bahn.org@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor DuBois and City Council members, Our organization BAHN strongly opposes The Renter Protection Policy Package. Thedevastation from COVID-19 has not been discriminated against by race, political party or economic status. We are one America, suffering together. Yet our legislators can't useCOVID19 as cover to continue punishing one particular group – Housing Providers. Particularly hard hit are the smaller scale housing providers, who do not have corporate boards, diverse property holdings and alternative income sources. Referred to as Mom & Popowners, we represent far more than the ones fixing toilets, changing light bulbs and painting walls that the Mom & Pop would seemingly imply. We represent the American Dream of owning a piece of land to create a better future for ourfamilies. Countless generations of immigrants have successfully fulfilled this dream. We are all immigrants or sons or daughters who have pursued this dream. Today, however, that dreamis under attack. AB3088 stopped housing providers from evicting through September 31, 2021. Numerous Mom & Pop owners have already been struggling to upkeep the properties,pay mortgage and property taxes, and feed our own families without rent income. Now with more Renter Protection policy packages, if passes, will eat alive many Mom & Pops ownerslike us. We are facing the great danger of losing our properties, and as a result Palo Alto will lose its much needed naturally affordable housing. As housing providers we are not against our renters – our valued customers, our friends...ourneighbors. They are suffering, as we are suffering. Every one of us would like to help and feel helpful, but we cannot do this alone! No one wants to see people put out of their homes or puton the street. We work together so both renters and housing providers can survive. So please say no to the package. thanks! Dan Pan BAHN Representative website: BAHN.house Phone: 408-475-8498 BAHN is a non-profit, grassroots organization representing mom and pop rental property owners in California. BAHN advocates constitutional rights and housing friendly policies. It promotes education and professional development among members for their daily property management needs. It provides a platform for homeowners to connect and help each other. Its mission is to help members achieve greater success in their rental housing business. On Sun, Nov 7, 2021 at 10:02 PM BAHN Org <bahn.org@gmail.com> wrote:Dear Mayor DuBois and City Council members, BAHN, representing hundreds of mom and pop Palo Alto housing providers, stronglyopposes the proposed Renter Protection Policy recommendations. The past two years have been extremely difficult for mom and pop housing providers. Theyare the victims of the pandemic and the victims of the eviction moratorium, they got adouble hit. They have been struggling to survive, needing help from the government insteadof punishment again and again with unjust law from our policing makers. We hope that you can consider the following facts:1. The rent in Palo Also has actually decreased during the past two years.2. The costs for building materials, construction worker chargers, utilities, and insurancehave skyrocketed since last year.3. Mom and pop housing providers' debt has accumulated from many months of unpaid orlate-paid rent? This Renter Protection Policy Package will not only kill Palo Alto mom and pop housingproviders, but also, in the long-run, harm the free housing market and tenant you intend toserve. Please reject it! Thank you. Dan Pan BAHN Representative website: BAHN.house Phone: 408-475-8498 BAHN is a non-profit, grassroots organization representing mom and pop rental property owners in California. BAHN advocates constitutional rights and housing friendly policies. It promotes education and professional development among members for their daily property management needs. It provides a platform for homeowners to connect and help each other. Its mission is to help members achieve greater success in their rental housing business. From:Aram James To:DuBois, Tom Cc:Council, City; Greg Tanaka; Kou, Lydia; Alison Cormack; Council, City; Shikada, Ed; Stump, Molly; paloaltofreepress@gmail.com; Filseth, Eric (Internal); Greer Stone Subject:Alison is correct -I grudgingly admit!!! Date:Monday, November 15, 2021 9:36:49 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.________________________________ Hi Mayor Dubois,Such a great idea, sibling sister program, but so sorry you didn’t, apparently, include ordinary citizens on theadvisory board. California Public Record Act request Pursuant to the public record act can you provide the name of those on the advisory committee and the racial makeup of the committee. Thanks, aram Sent from my iPhone From:Aram James To:Council, City Cc:Shikada, Ed; Alison Cormack; Filseth, Eric (Internal); Greer Stone Subject:Bloomington Indiana Date:Monday, November 15, 2021 9:29:26 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. https://en.m.wikipedia.org/wiki/Bloomington,_Indiana Shared via the Google app Sent from my iPhone From:Trisha Suvari To:Architectural Review Board Cc:Planning Commission; Council, City Subject:Castilleja Project Date:Monday, November 15, 2021 8:30:00 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Architectural Review Board, I don’t expect you to remember, but I made comments at the ARB hearing in 2020 regarding the Castilleja project. Now that the project is before your commission again, Ionce again would like to thank you for your guidance and urge your support for their latest design. The school is in desperate need of modernization, and I think they’ve done anexcellent job revising, and revising again, to incorporate the constructive feedback they’ve received. I recall that the massing of the building along Kellogg was of concern to a couple of you inparticular, and I hope that you see that the latest design offers more improvements. The current design is broken up so that it does not look massive at all. And, the current massingis actually less than the building’s existing massing. Its materials and facade work well with the historic buildings that will remain standing, and while the design is modern, I think itblends beautifully into the mix of homes on Bryant, Kellogg, and Emerson. And, importantly, it provides the space to educate more young women so that those families seeking all-girlseducation can attain it for their daughters. Thank you for your public service. Best, Trisha Suvari, 306 Iris Way, Palo Alto From:Dilma Coleman To:TuuKasa Real Estate Co.; eric Contreras Cc:Council, City; cityofdp@cityofdp.com Subject:Fwd: Oakland City councilman Noel Gallo. Wanted Dead or Alive. Yes Noel is affiliated with the Corcoran stateprison inmate Luis Romero"s death in 2019. Violent attacks on individuals near lake Berryessa where cannibusplants are u on it? No I don"t do... Date:Monday, November 15, 2021 6:15:57 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. ---------- Forwarded message --------- From: Dilma Coleman <dhappinessforever@gmail.com>Date: Mon, Nov 15, 2021, 4:51 PM Subject: Oakland City councilman Noel Gallo. Wanted Dead or Alive. Yes Noel is affiliatedwith the Corcoran state prison inmate Luis Romero's death in 2019. Violent attacks on individuals near lake Berryessa where cannibus plants are u on it? No I don't do cannibus.To: <larmstrong@oaklandca.gov>, <JHsieh@oaklandcommission.org> Cc: <cityattorney@sfcityatty.org>, <MPeterson@oaklandcommission.org> Hello it's Diva Lee aka Diva Jobs trapped in the name Dilma Coleman. In order to stop the Madness the sorcerer's spells on the HOMICIDES in Oakland's city 2021. Shoot LouisFarrakhan, shoot Noel Gallo..and shoot Elizabeth Feinstein's step father Richard Blum almost gone with lung cancer. See. Palo Alto CA fire department employees in the past mustremember when Singer Brown James James Brown dropped the fire truck he drove it around town or rode in the back. Why did James Brown's riches go to the homeless? When his sonwith a caucasian women had H.I.V he did have sex with Diva's daughter Shari..Shari died she was killed after a home invasions because she was a Stanford Student who tried to get intoColumbia University campus especially when she served in the military and couldn't become a police or fire fighter for her asthma medical condition. Shari should have recieved key to thecity for her involvement with Sierra lamar's and Antolin's inherited investment portfolios whereas she had kept stacks of written business plans to come n go if you want me to go backto Corcoran state prison as an employee to Defund Catholic Charities and then it's similar to the appearance of stop planned suicide situations whereas it's HOMICIDES. Let's go. It'sDuck u bitch slow down get that Shirley Weber. Who else would poke em eyeballs out then put em back in upside down? Innocence. Who else trapped that gun on Ahmaud Arbury in 2013? Wasn't Ahmaud Arbury a key witness to those who killed Singer Prince at his mansion? Yes. That's what happened Singer Princewas killed..in front of numerous witnesses especially those witnesses who currently lives at the Fairgrounds in San Jose CA. Did Louis Farrakhan shoot Santa Cruz Sheriff DamonGuitzweiler? Yes it is possible he did. Ok don't argue with Diva Lee. Diva Lee aka Dilma Coleman argues that she once was hired to be Santa Clara crime analyst yet during the firstweek of employment..Diva Lee argues that she had been discussing crimes mostly cold cases deaths inside the Santa Clara Sheriffs building whereas Mr Noel Gallo and others includingrapper Snoop Dogg aka Calvin Brodus jr his cohorts Rapper Ice Cube aka o'shea jackson. What's up update shut up update suppose to mean? That's someone who's second language isenglish. Oh okay. What drove diva Lee and he didn't have to report rape whereas Diva Lee argues it. Oakland city councilman Noel Gallo must be arrested Wanted Dead or Alive he guilty all theway in several places Diva Lee Argues it. Noel Gallo and his cohorts affiliated with "Foundation for Global Community" An ended physical hub based in Palo Alto,CA 222 Highstreet. Red Cross Palo Alto, A isn't next. Coleman reports her own Mountain wasn't sure if Daisy on Mountain anymore. That baby came out of Dilma Coleman's vagina whereas Dilma loved atLittle Orchard homeless shelter in San Jose CA on bed #26 yet she arrived with a baby whereas Jane Sands too the baby out of the vagina of Diva Lee aka Dilma Coleman on July2,2021. Why did The baby be forced into a adoption courtcase. I want Jane Sands arrested. Attachment#2 Asha Kreimer was affiliated with Delph Jean Alicia Keyes Swizz Beats acquired the women yet she had been targeted trapped by Jessica Haynes. Was Jane Sands asponsor for immigrants is Jane Sands really a man? What's that for? Atherton High school shootings in the past..did a relative to Jane Sands get killed in there on that Atherton Highschool campus? Stop fucking with Diva Lee aka Dilma Coleman why does she want Luis Farrakhan dead? He's a rapist. Who else is a Golden state basketball player rapist whereasthose victimized are living mercifully homeless at the fairgrounds in San Jose CA? It don't matter 1980's team players same as current players with their rape victims living homelessvictimized with PTSD recitals or rehearsals on repeat. Like listening to the same "Star Bangled Banner Song" or "go tell it on the mountain" The media reporters are Habitualsantanic Vigilantes skip that part. That's on repeat. "Go tell it on the mountain". "Go tell it on the Mountain" "Go tell it on the mountain". Did Noel Gallo shoot Jasper Wu? Was the shooter Jane Sands from Bed #72 at the fairgroundsin San Jose CA. Possible that Sands is a cohorts affiliated with Noel Gallo, Delph Jean, Slick Alicia Keyes and her husband Swizz, Jessica Haynes aka Shami Bey Joan Grande LucindaSouthworth Qatari businessman Wissam Al Mana and Janet Jackson. Did Jane Sands and a man from Cambodia have sex with a 3-4 year old girl on Harold Ave in Santa Clara nearStevens Creek Blvd? Yes. Ok ok is Jane Sands suffering from something that was premeditated from a world leaders meeting at Atherton High school? What exactly is WeHopein E.Palo Alto CA doing illegally? What's happening now with We Hope? Noel Gallo Technology's has recruited bi-sexual men and Bi-sexual women across the U.S and they keep doing the worst in Cyber security has helped this group affiliated with cannibalism,sadistic masochistly cult members who killed Corcoran state prison inmate Luis Romero. Their leaders are many whereas they held global leadership conference at Menlo Atherton High School in Menlo Park CA. Their focus is to produce Netflix documentaries the storytellers are many yet they are managed by a few people such as Rick Marino,Diane Feinsteins's husband Richard Blum, especially Elizabeth Feinstein,Oakland city councilman NoelGallo,Jane Sands,Singer Alicia Keyes her husband Dean Swizz Beats, Multiple hispanic religious leaders, Fairfield CA city manager Stefan Chatwin,Pam Bertini,Santa Clara DA JeffRosen and several are in training in various geographic locations in California Governor Gavin Newsom's circle of family n friends. They have all did tremendous hurt n pain to DivaLee aka Diva Jobs trapped in the name Dilma Coleman especially at San Jose City college and other colleges. Especially how Diva Lee argues that she was dropped off the roof ofAttachment#4. That Guber guy not Poltergeist. Attachment#1 Jasper Wu the Asian baby killed was premeditated actions whereas Noel Gallo and his affiliated social media friends had made the decision to trap Cherry Wu since heryouth. That's good reasoning especially when Cherry Wu was at the fairgrounds in San Jose CA in July 2021 with Jasper Wu. At the fairgrounds is where Noel Gallo began his sorcerer'sspells on Jasper for the bullets to land. Attachment#2 Asha Kreimer seen her that's good reasoning especially when it's on repeat thesadistic masochistly cult members affiliated with Gavin Newsom, William Truchinski Attachment #5 Meghan Markle,Prince Harry etc at that Santa Barbara property. What'shappening now? China wants Empress Diva Lee to be compensated whereas Nancy Pelosi has to pay fines forall that stuff she said to Diva Lee at Little Orchard homeless shelter including the geographic location of that hair salon Diva Lee had established years ago in SF the same hair salon nancyPelosi paid a fine..that fine went thru Diva's fingers forced into a box as a donation for Trump Administration cabinet or the Worst Harris/Biden. Best regards Diva Lee aka Diva Jobstrapped in the name Dilma Coleman From:Shihui Liu To:Council, City Subject:Oppose extreme controls on housing Date:Monday, November 15, 2021 4:34:39 PM Some people who received this message don't often get email from shihui_liu@yahoo.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor DuBois and City Council members, I’m a mom-and-pop housing provider. I’m extremely concerned about the proposed RenterProtection Policy recommendations. The past 18 months have been very difficult for us housing providers. Debt has accumulated from many months of unpaid or late-paid rent. The costs for building materials, constructionworker chargers, utilities, and insurance have skyrocketed. However the rent actually decreased. Small housing providers are struggling very hard. The recommendations add extra burdens to housing providers as well as to Palo Altoresidents. The rental survey program would come at a great cost to the city; The expanded relocation program would put a financial strain on mom-and-pop owners;The eviction reduction program and the rent stabilization program would not help those struggling to pay rent and would cost millions annually to administer;The security deposit limit creates greater uncertainty for owners and may intensify the review given to prospective tenants;The fair chance ordinance would put the other tenants in the building at risk; The right-to-counsel policy would cost millions of dollars to administer; none of those dollarswould go to the tenant to clear back rent; the community opportunity-to-purchase proposal would discourage investment in the city; and proactive rental inspections would only slowdown an already overburdened code enforcement department. Please reject the Renter Protection Policy Package recommendations! Thank you. From:Teresa Zepeda Kelleher To:Council, City Subject:Castilleja School project Date:Monday, November 15, 2021 4:20:48 PM Some people who received this message don't often get email from tnzepeda@hotmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Palo Alto City Council Members, It’s hard to believe that we are still debating the Castilleja project, but indeed we are, and I’m writing to express my fervent support for allowing the school to revitalize its campus. I appreciate the City Council’s work, your support for the project last year, and your continued attention to the school’s proposal. In keeping with our city’s namesake, we are a city that rightfully cares deeply about trees. We take great pride in our city’s beautiful trees and appropriately protect them. Throughout Castilleja’s many project revisions, I particularly appreciate the efforts they’ve made to protect their campus’ trees and add abundantly to our canopy. The new Master Plan adds over 100 new trees to the campus. Now, you have their revised proposal in front of you which further protects trees. First, they have recommended an underground parking garage which serves the important purpose of removing cars from the neighborhood streets while NOT harming trees. Second, they have a couple of proposals related to the pool design (i.e. a relocated staircase and a shift of pool location) that will further protect tree 89. I appreciate this latest round of revisions and certainly hope it’s their last. By recommending approval of their project, you can help the school educate more students, while at the same time adding no additional traffic, improving the neighborhood aesthetic with a modernized campus and underground garage, and protecting trees and adding to our canopy. Sincerely, Teresa Kelleher 512 Coleridge Avenue From:Krista McDermott To:Council, City Subject:Developers and McMansions Date:Monday, November 15, 2021 2:13:46 PM [Some people who received this message don't often get email from krista_ann@icloud.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Hi, this city sucks now because you are prioritizing private investment McMansions. I’m tired of seeing all the trees and vegetation destroyed so that private investment firms can snatch up all the property and build ugly resource heavy homes that don’t fit at all with the city landscape or green ideals that are supposedly party of the cities goals. This kind of housing practice is making the housing crisis worse everyday, and is eating up what’s left of the Palo Alto culture. Once constructed, many of these homes rain unlived in. I’m tired of street closures, and constant construction and trrucks all day every day! I’m tired of the fact that the city resources are going to housing that Harms the city and the planet. We should not be subsidizing private land concentration. We can do better. At the very least, this “housing” should be green. Get a clue and stop destroying the city. I know this trend has been happening for years but it seems to be accelerating even more at exactly the moment we need it to stop.It is completely insane to me that the city claims to be looking to be carbon neutral and completely ignores that the majority of the new construction that is happening is for mega single family homes with tons of cement( high co2) and no solar requirements or electric heating or cooking while it encourages residents to retrofit homes with this. Why on earth wouldn’t you make this a requirement for new builds?!!!!!!! Replacing it later will use up MORE resources then if you just make it a building standard. If investor development can afford to build a giant wasteful new house, they can afford to make it green!!! I know You won’t do anything to stop the private equity investor land grab, but at the very least If you really care about going carbon neutral as the city goals proclaim, new housing must be part of it. Sent from my iPhone Krista McDermott, 3rd generation Palo Alto resident who’s family has put lifetimes of work into this community only to watch it all be destroyed. Sent from my iPhone From:Amanda Zeitlin To:Council, City Subject:Support for Castilleja Date:Monday, November 15, 2021 2:11:16 PM Some people who received this message don't often get email from abzeitlin@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Commissioners, As you are once again considering Castilleja’s proposal for an underground garage, I’d like to affirm my strong support for the proposed parking facility. As has been repeatedly stated at previous ARB, PTC, and Council hearings, the underground garage is allowed by city code for a school, it preserves green space above ground, eliminates the noise and visual impact of parked cars at grade, and per the Environmental Impact Report, it causes no negative impacts on the neighborhood. Castilleja has now come before you, at the request of City Council, with a smaller garage that protects trees and addresses concerns of opponents, while still providing the benefits described above. I ask you to recommend the design with 69 spots (vs. 52), because it will better improve the aesthetics of the neighborhood with not one negative impact. I understand your purview is to “promote visual environments which are of high aesthetic quality,” and the Castilleja garage meets this in full. Removing cars from the streets and preserving greenspace by building a garage that blends gently into the landscape meets that objective - while fulfilling the City code’s required number of parking spaces. The garage also further protects trees, an important priority for our city. Thank you for taking the time to read my letter. Sincerely, Amanda Zeitlin 90 Jordan Place From:Shani Kleinhaus To:Council, City Subject:Palo Alto Webinar Tuesday 10-12: Balancing recreation and habitat enhancement Date:Monday, November 15, 2021 2:04:29 PM Some people who received this message don't often get email from shanibirds@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Good afternoon, We all like to enhance habitat and provide people with access to nature, but at what cost to nature? This shouldn be an interesting webinar, and I do hope you can attend https://www.cityofpaloalto.org/Events-Directory/Public-Works/Webinar-Balancing- Public-Access-and-Habitat-Enhancement-at-the-PAHLPP Thank you, Shani Shani Kleinhaus, Ph.D. Environmental Advocate Santa Clara Valley Audubon Society 22221 McClellan Rd. Cupertino, CA 95014 650-868-2114 advocate@scvas.org Santa Clara Val&/ Audubon Society From:Stephanie, Wansek To:Council, City Cc:City Mgr; Apple, Kara Subject:Cardinal Hotel / Ramona Street Closure Date:Monday, November 15, 2021 1:57:10 PM Some people who received this message don't often get email from stephanie@cardinalhotel.com.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council Members, I appreciate the ongoing consideration and deliberation about whether to keep certain streets in Palo Alto closed to traffic and open to outdoor dining. As the owner of Bistro Maxine, a restaurant on Ramona St, I am pleased to have half of Ramona street remain closed to traffic through June 2022. As the GM of the Cardinal Hotel, located on the corner of Ramona and Hamilton and currently closed for renovation, I want to ensure that (1) any potential noise impacts of this street closure which would negatively impact the hotel guest experience and (2) the loss of two commercial loading zone parking spaces are being considered as these discussions about Ramona street remaining closed continue. 1. Permitted hours for Parklet operation: Hours of operation for permitted parklets should be limited to 10 pm. 2. Additional noise concerns: No additional noise be permitted in parklets or from restaurants into the streets to reach patrons dining in parklets. Concerns include, but are not limited to: volume for televisions in parklets, music playing into the street from restaurants with open windows or exterior speakers and live music (except special permitted events with end time of event clearly defined and enforced) 3. Commercial Loading Zone: replace the two commercial loading zone spaces on Ramona with the two remaining parking spaces in front of the Osteria / Cardinal Hotel on Hamilton St. Make these two spots Commercial Loading Zone 8am-6pm and Loading Zone only after 6pm to accommodate guests arriving at the hotel (similar to Nobu with all parking spots on either facade of the hotel dedicated to the hotel for commercial loading and passenger loading and unloading. Additional information: Over the 20 + years, having two restaurants / bars on Ramona street has posed the biggest challenge to the hotel when it comes to late night noise and its negative impact on the guest experience. Over ten years ago, The Old Pro was renovated with large open windows, and ledge tables attached to the building on the sidewalk side and seating on the sidewalk. After I reached out on behalf of the hotel, the City reviewed the CUP and restricted the hours the windows could be open and did not allow the tables / seating on the sidewalk. Over the years hotel employees call regularly (both Old Pro directly and PAPD) to request that the windows be closed per their CUP and it is important there is something to refer to to enforce. In 2018 we had issues with both the Old Pro and NOLA with speakers attached to the exterior of the building playing music later in the night. The City was involved with helping to resolve that at the time. If Ramona street is to remain closed to traffic beyond June 2022, I would like to request that the parklets be permitted for outdoor dining only and the hours that restaurants / bars are allowed to use the street for business are limited to 10pm. The “Uplift Local” effort has been discussed as “outdoor dining”. I would like to request that this is formalized and that bars can not serve customers on the street after 10pm. If bars are allowed to serve alcohol out on the street until 2am this will make accommodating guests on our Ramona side impossible. After our renovation, each room night should generate at a minimum $50 per night in Transient Occupancy Tax for the City so it is important for both the Cardinal Hotel and the City that a “pedestrian only” Ramona street supports a successful hotel operation and is not an option for outdoor bar business from 10pm -2am. Ramona is the hotel’s most favorable side with views to Roxy Rapp’s beautifully renovated building and City Hall Plaza. In our renovation we plan to have our largest rooms that will command higher rates located on Ramona. We project that on certain dates we will regularly be able to generate upwards of $100 per night in TOT for the City from these rooms on Ramona St. As a hotel GM, I want to be able to provide an extraordinary guest experience in the renovated Cardinal Hotel, a Palo Alto business of almost 100 years. The Cardinal needs the support of the City Council and the City Manager’s Office to remain a viable and popular hotel in the community. The owners are poised to invest over 10 million dollars in this renovation. For this reason,we want to take this opportunity to clarify how important the downtown environment -noise, streetscape and cleanliness - is to the future success of the Cardinal Hotel. Let me end by saying that I believe, if done properly, having a closed Historic Ramona Street could be beneficial to all, including the hotel. Thank you for your time and consideration, Stephanie GM, Cardinal Hotel -- Stephanie Wansek| General Manager THE CARDINAL HOTEL 235 Hamilton Ave | Palo Alto, CA | 94301 | www.cardinalhotel.com p: (650) 323-5101 f: (650) 325-60856 | stephanie@cardinalhotel.com Notice of Confidentiality: This communication is intended ONLY for the recipient(s) identified in the message, and may contain information that is confidential, privileged, or otherwise protected by law. If you are not the intended recipient, please disregard this communication and notify the sender. [I] l@J ~---~ Travelers' Choice 2020 From:Vania Fang To:Council, City; Architectural Review Board; Planning Commission Subject:Castilleja renovation project Date:Monday, November 15, 2021 1:34:47 PM Some people who received this message don't often get email from vania.fang@gmail.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. To the ARB Board - I am writing to you as an immediate neighbor of Castilleja School. My husband, Mike, and I own a home on Kellogg Street, directly across from the school’s glass doors. I want to make sure that you hear from immediate neighbors on Kellogg that the school design is beautiful. As an immediate neighbor, I want the school to modernize, to add underground parking, maximize greenspace, and to maintain the rigorous traffic controls that have been added and maintained in recent years. I appreciate that their building design will protect the neighborhood from sounds internal to the school, although of course, we assume that we will sometimes hear school sounds since our house is immediately adjacent to the campus. Please know that there are several of us immediate neighbors who support the school’s plans. Of course I do not look forward to construction, but it’s unavoidable, and we’ll all be better off after the project is complete. Thank you for taking the time to read my letter. Vania Fang Kellogg Street From:Cindy Chen To:Council, City; Architectural Review Board; Planning Commission Subject:Supporting Castilleja School Date:Monday, November 15, 2021 1:11:00 PM Some people who received this message don't often get email from cindychen37@gmail.com.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Members of the ARB, I live near Castilleja School on Emerson Street and am writing to you in support of their project. I listened closely to your hearings last year in August and October, and appreciated the productive conversation and ultimately your recommendation to support their proposal. Now, the project once again is before you, and I urge you to support Castilleja’s recommendations so that their dated buildings can at long last be updated and surface parking can be reduced. It is at long last that this project moves forward! I understand that the City Council has asked the ARB to once again review the massing of the proposed buildings. I know you’ll remember that the massing was already reduced twice following your recommendations in 2020. Your commission did an excellent job hearing neighbor feedback, studying the surrounding neighborhood, and ultimately voting to support the design, revised per your guidance. Now, I urge you to once again support the project with its current massing, which is actually less substantial than the buildings currently on site. The project is NOT a monolith, not a Walmart, and not an eyesore. It is a beautiful building for our neighborhood that has been broken up such that it does not appear too linear or massive. Further, it’s designed to protect the surrounding neighborhood from sound internal to the school. Thank you for your continued attention to our city, architecture, and schools. Please do not allow further delays to this project, which is good for our city, children, and neighborhood. Thank you, Cindy Chen, 1870 Emerson Street From:Yair Blumenfeld To:Council, City Subject:Castilleja Reimagined Date:Monday, November 15, 2021 12:36:24 PM Some people who received this message don't often get email from yairb@stanford.edu. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council, I am a Palo Alto resident with daughters at both Castilleja and Paly. I have one daughter who is thriving in our excellent public high school, and another one who I’ve seen find her voice through the nurturing all-girls environment at Castilleja. My point is, having school choice is important for families, and Palo Alto is fortunate to have top tier public and independent schools. Now, Castilleja would like to increase their enrollment, expanding opportunity to more young women. Having a daughter at Castilleja, I have seen the incredible lengths the school has gone to minimize traffic. Parents, students, and employees are all reminded frequently of the necessity to carpool, bike, walk, or use the school’s vans/buses to get to school. The school has changed for the better the way families and teachers get to school, and as such have proven that they can continue to mitigate traffic through their Traffic Demand Management (TDM) program. Importantly, the underground garage supports traffic mitigation strategies and will not bring more cars to campus. Instead, it will just move them underground so that Spieker Field can be preserved for play, sports, and green space. I cannot fathom why any neighbor would prefer the sights and noise of a large at grade parking lot over the quiet aesthetics of an underground garage. I hope you concur. As always, thank you for your time and consideration, Yair Blumenfeld (Walter Hays Drive) From:Lian Bi To:Council, City; Planning Commission; Architectural Review Board Subject:Castilleja Project Date:Monday, November 15, 2021 11:50:03 AM Some people who received this message don't often get email from lian_bi2002@yahoo.com.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear ARB, I understand that the Castilleja project will once again be before you on December 2, more than a year after you last reviewed it and recommended approval of the project’s architecture and design. I live close to the school and am anxious for the modernization to begin, so thank you for your renewed attention to the project. In particular, I appreciate that the school is putting forth several parking options for you to consider, so that an optimal solution can be recommended that best preserves trees, removes cars from our neighborhood streets, minimizes noise, and modernizes the very dated campus while offering an excellent all-girls education to more students. Specifically, I understand that the school is presenting an option for the pool that can better protect one of the trees, as well as different options for the below grade parking structure. Over the past several years, the school has made countless modifications to their plans in response to neighbor feedback as well as feedback from Council, the ARB, and PTC. I greatly appreciate their investment and effort in designing a campus that best meets our community’s needs. For the sake of our city and our children, I hope this latest round of revisions can be the last. The goalposts for this project can not keep moving; please recognize the work that the school has done, including the latest options for your review. I hope that you will once again recommend approval of this project so that the divisive signs can come down, neighbors can again be friends, and construction can begin. With great appreciation,Lian Bi, 380 Coleridge Avenue