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HomeMy Public PortalAbout20190715plCC 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: 7/15/2019 Document dates: 06/26/2019 – 07/03/2019 Set 1 Note: Documents for every category may not have been received for packet reproduction in a given week. 1 Brettle, Jessica From:Perron, Zachary Sent:Monday, July 1, 2019 11:01 AM To:rkellerman@me.com; 'Marshalljd@aol.com' Cc:Police; Shikada, Ed; Council, City Subject:Re: 1100 Emerson Street - Please Restore Police Traffic Restrictions and Monitoring During Stanford Stadium Events Good morning Mr. and Mrs. Kellerman, and Mr. Deitsch,      My name is Zach Perron.  I work in the Police Department and manage our Special Operations unit (which  handles staffing special events).  I received your messages below this morning.  I’m very sorry for what happened on  Saturday afternoon and evening – how exceedingly frustrating for you and your neighbors!      I want to assure you that come Stanford football season later this summer, your street will be barricaded in the  same manner it has been for the past several seasons.  We’re still looking into what occurred Saturday night that caused  those barricades not to be placed, but our intent was for them to be there as per our normal standard operating  procedures for game day events.  We are acutely aware of the impact 50,000 visitors in a small amount of time can have  on our neighborhoods, and we do our best to minimize the impact to residential streets.  That clearly did not happen  Saturday night, and I’m sorry.      To complicate things this weekend, some new roadway configurations on the Stanford campus added to the  congestion, making traffic this weekend far worse than a typical game day in the past.  Our staff has been in  communication with the Stanford Department of Public Safety and the Stanford Athletics Department already this  morning to ensure that the traffic management plan for football season properly takes these new roadway  configurations into account and speeds the ingress and egress of vehicles to the stadium (which will cut down on the  amount of people turning off Embarcadero out of frustration and hunting for parking in our neighborhoods).      While I trust that we will be able to improve the situation before football season, if you should ever observe this  kind of congestion in the future (or notice that, despite my pledge above, the barricades are not set up for some reason  or have been moved), please feel free to call our 24‐hour dispatch center at 650‐329‐2413 and ask to speak with the  PAPD supervisor of the game day special event.  If there’s immediate action we can take to remedy the situation, they’ll  be able to make it happen.      Again, I apologize for the inconvenience.    Sincerely,    Zach    Captain Zach Perron Investigative Services Division (Detectives, Traffic, Special Operations) Palo Alto Police Department 275 Forest Avenue, Palo Alto, CA 94301 Office: 650-329-2115 Twitter I Nextdoor I Instagram I Facebook I YouTube I Flickr I Nixle Download our free mobile app for iOS or Android today!      2 From: Marshall Deitsch <marshalljd@aol.com>   Sent: Sunday, June 30, 2019 1:18 PM  To: Rachel Kellerman <rkellerman@me.com>  Cc: Police <pd@cityofpaloalto.org>; Shikada, Ed <Ed.Shikada@CityofPaloAlto.org>; Council, City  <city.council@cityofpaloalto.org>  Subject: Re: 1100 Emerson Street ‐ Please Restore Police Traffic Restrictions and Monitoring During Stanford Stadium  Events      CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Rachel, here are a few more photos of the traffic on our block taken about 45 minutes after your photo (it got much  worse).   Our block needs help from the city!!!  Marshall Deitsch     3 4 5 6 7 8 9 10 1 Brettle, Jessica From:Marshall Deitsch <marshalljd@aol.com> Sent:Sunday, June 30, 2019 1:18 PM To:Rachel Kellerman Cc:Police; Shikada, Ed; Council, City Subject:Re: 1100 Emerson Street - Please Restore Police Traffic Restrictions and Monitoring During Stanford Stadium Events CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Rachel, here are a few more photos of the traffic on our block taken about 45 minutes after your photo (it got much  worse).   Our block needs help from the city!!!  Marshall Deitsch    1 Brettle, Jessica From:holly kim <kimhol@yahoo.com> Sent:Monday, July 1, 2019 9:38 PM To:Council, City Subject:Fw: 3241 South Court, Palo Alto and Plumbing issues CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Hello, Please see below email chain. I requested a contact from palo alto utilities and it took over 1 week to receive a call back. Then I filed the claim with the City's attorneys office and they told me that my claim was denied for a totally outrageous reason. I will forward you my completed claim form and also their response. I would like the City Council to look into this and possibly revise the mandates and requirements for the City to reimburse for work that was clearly the City's responsibility as they seen unfair and unjust. One reason for the denial of the claim is that I did not request the City's utility to look into the blockage issue first before I cleared the blockage myself. Well, it took the City's utility over 1 week to get back to me when I had an issue and how can they possibly expect me to wait one week for their response if the toilet is not working? I will send three additional emails for your review. My correspondence with Eric Talley once I finally received a response and my claim, and the response to my claim. Clearly the city is responsibly for the blockage in the lower lateral which is were the tree roots were growing into the old city clay pipes from what the plumber told me. I believe my claim was denied for no good reason. I formally request the City Council to review the policies and procedures for reimbursement for work that is the City's responsibility. And to review the denial of my claim to the city for which I believe I paid for services that the City is responsible for. Thank you. ----- Forwarded Message ----- From: UTL-Customer Service <UtilitiesCustomerService@CityofPaloAlto.org> To: Holly Kim <kimhol@yahoo.com> Cc: PWD <pwd@cityofpaloalto.org> Sent: Tuesday, May 7, 2019, 3:05:13 PM PDT Subject: RE: 3241 South Court, Palo Alto and Plumbing issues Hello Holly, I have forwarded your email to Eric Talley who has reached out to you via email. He will be able to assist you further. 2 Kind regards, Cassie Nowels From: Holly Kim [mailto:kimhol@yahoo.com] Sent: Tuesday, May 07, 2019 11:41 AM To: UTL-Customer Service Cc: PWD Subject: Re: 3241 South Court, Palo Alto and Plumbing issues I did. I left them a VM weeks ago. No return phone call. Sent from my iPhone On May 7, 2019, at 9:17 AM, UTL-Customer Service <UtilitiesCustomerService@cityofpaloalto.org> wrote: Hello Holly, Please contact Water Gas Wastewater Operations to discuss your issue. They can be reached at 650-496-6982. <image001.png>  Kind regards,     Utilities Customer Service Center  250 Hamilton Avenue, Ground Floor | Palo Alto, CA 94301  P: 650.329.2161   F: 650 326‐4941  M‐TH 8:00 am‐5:30 pm; F 8:00 am‐4:30 pm; excluding holidays  E: utilitiescustomerservice@cityofpaloalto.org  W: www.cityofpaloalto.org/utilities  Please think of the environment before printing this email – Thank you!  3 To access or create your utilities account online, go to our website  https://myutilitiesaccount.cityofpaloalto.org  Refuse & Recycling: www.greenwasteofpaloalto.com From: holly kim [mailto:kimhol@yahoo.com] Sent: Monday, May 06, 2019 8:06 PM To: UTL-Customer Service; PWD Subject: Re: 3241 South Court, Palo Alto and Plumbing issues I am still waiting for a call. On Monday, March 25, 2019, 7:21:15 AM PDT, PWD <pwd@cityofpaloalto.org> wrote: Hi, Public Works received this email over the weekend. Can someone assist with this issue? Thanks, <image002.jpg>       Public Works Department       250 Hamilton Avenue | Palo Alto, CA 94301  D: (650) 329‐2151  E: pwd.@cityofpaloalto.org  Please think of the environment before printing this email –Thank you   From: holly kim <kimhol@yahoo.com> Sent: Friday, March 22, 2019 7:32 PM 4 To: PWD <pwd@cityofpaloalto.org> Cc: S. J. Ben Yoo <sjbyoo@gmail.com> Subject: 3241 South Court, Palo Alto and Plumbing issues Hello, We recently had to have the cleanout replaced that connects to the city pipe. It was a big job and cost $6500. A plumber told me that sometimes the City will handle this type of work depending upon what kind of joint is used to connect to the city pipe. Does this sound familiar to you? The problem is this is the 2nd time in about 12 or so years we have done this same job. And I am wondering if this can be the fault of the city? The plumber said it was a clay pipe at the connection which does not hold up well to tree roots etc. Also I am concerned the plumber we hired did not pull a permit for this work. I have pictures too, Please see attached. Please respond when you are able. Thank you. Best, Holly and Ben Yoo 1 Brettle, Jessica From:holly kim <kimhol@yahoo.com> Sent:Monday, July 1, 2019 9:39 PM To:Council, City Subject:Fw: 3241 South Court Plumbing Problems Attachments:23.JPG CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Email correspondence with City of Palo Alto Utilities once they finally got back to me. Thank you, Holly ----- Forwarded Message ----- From: Talley, Eric <Eric.Talley@CityofPaloAlto.org> To: holly kim <kimhol@yahoo.com> Cc: Silva, Jorge <Jorge.Silva@CityofPaloAlto.org> Sent: Tuesday, May 14, 2019, 9:02:10 AM PDT Subject: RE: 3241 South Court Plumbing Problems Hi Holly, I cannot advise you to file a claim, or not to file a claim. I provided a claim form because you insisted that the problem originated from a City of Palo Alto asset. I recommend that refer to Rules and Regulation Title 23, page five as I had mentioned in our prior conversations, and emails. Sincerely, Eric Talley From: holly kim <kimhol@yahoo.com> Sent: Monday, May 13, 2019 2:38 PM To: Talley, Eric <Eric.Talley@CityofPaloAlto.org> Cc: Silva, Jorge <Jorge.Silva@CityofPaloAlto.org> Subject: Re: 3241 South Court Plumbing Problems 2 Eric. Do I really need to file the claim? The paid in full invoice is very clear that the work included replacing the joint at the City cleanout. Please let me know your thoughts. Please see attached the paid in full Invoice for verification. Thanks, On Monday, May 13, 2019, 7:35:34 AM PDT, Talley, Eric <Eric.Talley@CityofPaloAlto.org> wrote: Hi Mrs. Kim, I have attached a claim form for your convenience. If you have any further questions please contact myself, or the City Attorney Office. Thank you, Eric Talley From: Holly Kim <kimhol@yahoo.com> Sent: Friday, May 10, 2019 12:59 AM 3 To: Talley, Eric <Eric.Talley@CityofPaloAlto.org> Subject: Re: 3241 South Court Plumbing Problems Hi Eric, To me it looks like part is in your area of responsibility. The pipe coming down in your picture is exposed in my picture. So that joint is where your responsibility starts. I disagree with your statement wholeheartedly. Thanks, Holly Sent from my iPhone On May 8, 2019, at 9:38 AM, Talley, Eric <Eric.Talley@cityofpaloalto.org> wrote: Hi Mrs. Kim, Using your pictures as a reference I would say that this repair would be considered the owners responsibility. The City’s responsibility is from the city clean out to the sewer main in the street as shown on the diagram I provided yesterday. What your pictures depict is a replacement of private pipe from the City Clean out back to the structure. If you have any further questions give me a call or send another email. Sincerely, Eric Talley From: Holly Kim <kimhol@yahoo.com> Sent: Tuesday, May 7, 2019 3:54 PM To: Talley, Eric <Eric.Talley@CityofPaloAlto.org> Subject: Re: 3241 South Court Plumbing Problems 4 Thank you for your time. Please see the pictures below. If we can get reimbursed for part of the cost that would be great. Please let me know your thoughts. I think part could be in the covered area. <image001.jpg> <image002.jpg> <image003.jpg> <image004.jpg> <image005.jpg> <image006.jpg> <image007.jpg> <image008.jpg> <image009.jpg> <image010.jpg> <image011.jpg> 5 <image012.jpg> <image013.jpg> Best, Holly Sent from my iPhone On May 7, 2019, at 3:25 PM, Talley, Eric <Eric.Talley@cityofpaloalto.org> wrote: From: Holly Kim <kimhol@yahoo.com> Sent: Tuesday, May 7, 2019 3:12 PM To: Talley, Eric <Eric.Talley@CityofPaloAlto.org> Subject: Re: 3241 South Court Plumbing Problems I have already paid. if I had waited for a response from Palo Alto the situation could have become dire by now. I do want a call to understand this situation better. Thank you. Holly. 530 902 9047. 6 Sent from my iPhone On May 7, 2019, at 2:57 PM, Talley, Eric <Eric.Talley@cityofpaloalto.org> wrote: Hi Kim, I am the Waste Water Supervisor for the City of Palo Alto. I will assign a Technician to your address tomorrow, what time will be good for you? I do advise that you avoid signing any contracts until we meet with you, and discuss your options. <image001.jpg> <Eric Talley.vcf> <3421 South Court.JPG> <3421 South Court.JPG> 1 Brettle, Jessica From:holly kim <kimhol@yahoo.com> Sent:Monday, July 1, 2019 9:42 PM To:Council, City Subject:Fw: Palo alto city claim for 3241 south Court Attachments:City Responsibility Full page photo.pdf; Claim form Completed.pdf; GSM Full page photo.pdf; GSM Yahoo Mail - Re_ 3241 South Court Plumbing Problems.pdf; OnTimePlumbing_Invoice.pdf; Paid In Full Invoice #38035 with CC Receipt and Tenant Refund CC Receipt.pdf; Sewer Video Camera Report for 3241 South Court, Palo Alto, CA.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Please see the claim that was submitted to the city's attorney's office. The attorneys office also requests that all claims be filed in duplicate and they refuse to accept online claims. This is a waste of paper and there is no good reason for it in this digital age. There is also no legal basis for requesting duplicate copies of claims and it is an un due burden on the claimant especially since they request color photos. Thank you, Holly ----- Forwarded Message ----- From: holly kim <kimhol@yahoo.com> To: Holly Kim <kimhol@yahoo.com> Sent: Monday, May 13, 2019, 7:59:30 PM PDT Subject: Palo alto city claim 1 Brettle, Jessica From:holly kim <kimhol@yahoo.com> Sent:Monday, July 1, 2019 9:48 PM To:Council, City Subject:Fw: City of Palo Alto response for claim at 3241 South Court. Attachments:IMG_6644.JPG; IMG_6645.JPG CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Please see response from the City's attorneys' office for my claim. I requested a partial refund form the City for the work down on the lower Sewer Lateral which is the City's responsibility. I did not request a refund of the work done on the Upper sewer later which is my responsibility. But that is what is referenced in their response. Their response is wholly unacceptable and actually offensive to a tax paying citizen of this city. Please review and advise. No where in their explanation is there a good reason to deny my claim. The regulation say the citizen "shall" not "must". Plus when I did request help, it took multiple emails and phone calls to get a response. How can anyone wait that long for the utility to respond when the toilet does not flush? Thank you, Holly ----- Forwarded Message ----- From: Holly Kim <kimhol@yahoo.com> To: Holly Kim <kimhol@yahoo.com> Sent: Monday, July 1, 2019, 9:19:26 PM PDT Subject: City of Palo Alto Sent from my iPhone 1 Brettle, Jessica From:g kerber <hdtreading@yahoo.com> Sent:Tuesday, July 2, 2019 8:48 PM To:City Mgr; w. kerber; Eggleston, Brad; Raschke, Matt; MPH Michael Cantwell MD; Council, City Subject:construction project CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  City council and staff From the beginning of the 250 sherman project until the present with the 350 sherman project i have senn a serious exacerbation of my disabilities and other health challenges. This is especially true for the respiratory difficulties i have. The levels of toxic pollution, including diesel exhaust, which i have indicated to the staff is listed as a carcinogen on the state of calif prop 65 list, but which does not seem to concern either the staff or the contractor or trucking companies, and includes overwhelming levels of particulate matter from the dirt dust and debris coming from the work site and the trucks exiting the site. Today was the first day that i observed any type of mitigation effort made at the site and this consisted of someone using what looked like a garden hose attempting to water the huge mounds of dirt at the site and many of the truck using tarps? to cover the dirt they were exiting with. I have a hard time understanding why the contractor and trucking co. have not been making any attempt to mitigate the problems i have mentioned. However, this is consistent with the concerns i have addressed to the staff about what i believe have been a serious issues involving other aspects of the construction and noise ordinances as well as concerns i have expressed about the truck routing which exposes myself and my neighbors to high levels of pollution and the hazard and risks this poses for those of us living across the street from the project. It is ironic to say the least that a diesel powered street sweeper is being used to try and clean up the layers of dirt left by trucks leaving the site. i have other issues i want to bring to the attention of the council and staff about the project which i will do in subsequent emails greg kerber 1 Brettle, Jessica From:Richard Brand <mmqos@earthlink.net> Sent:Tuesday, July 2, 2019 12:00 AM To:Council, City Cc:dan.pitt@mac.com Subject:Fiber everywhere except PA-to ponder CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on  links.  ________________________________    I’m in Poipu Beach on Kauai and the city is laying fiber under their sidewalks (seen here today).  Two years ago I was visiting my family in a Michigan township which had also voted to deploy fiber to every home in  that township.  Why can’t that policy be accomplished in the Birthplace of Silicon Valley?       Richard Brand  Ex member fiber to the home CAC.   1 Brettle, Jessica From:Abby Boyd <abby650@gmail.com> Sent:Monday, July 1, 2019 1:12 PM To:Council, City Subject:Fiberoptics and utilities underground CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on  links.  ________________________________    I would like fiber optics and utilities underground in Meadow Park Neighborhood.    Abby Boyd  3998 Bibbits Dr.  650 207 5958  1 Brettle, Jessica From:Winter Dellenbach <winterdell@earthlink.net> Sent:Sunday, June 30, 2019 4:41 PM Subject:Friends of Buena Vista - Update CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Dear Friends ~  I wanted to write to you sooner, but waited until more complete information was released so I could have all the  information to date regarding this weeks sad events at Buena Vista. I know that many of you must have followed the  story, but for those of you who haven’t I will sum it up as I think we all could benefit from being equally informed about  this unfortunate event.   Last Monday, longtime BV resident Tim Woods, 63, was found in his home suffering from a knife wound. The Palo Alto  Police responded and Tim was rushed to the hospital where he died. His family was notified and an investigation ensued  over the course of the next several days with most of Posada Lane taped off.     Two hours after the initial 911 call, a resident was hit and kicked for no reason by another resident whom the victim  didn’t know, causing minor injuries. The attacker ran off but was arrested and charged with battery and being under the  influence of a controlled substance, then released. He had lived at BV a short time with his grandmother. By last  Thursday, police had enough evidence to arrest him for Tim’s murder. No motive or other information has been released.  Those are the facts, but facts only go so far ‐ what of the residents and their community? It was of course a terrible shock.  You know how close folks live to each other there, yet, no one heard or saw anything ‐ so many were at work, coming  home to more police than anyone could imagine Palo Alto even having. And their so‐safe community had been horribly  violated with the terrible loss of one of their own, with no way of knowing at the time, who did it.  Can you imagine  taking all that in, especially the children?  I got a call early Tuesday morning from Caritas, the wonderful managers, asking if I knew of any grief/crises counseling  services for residents in the area that could help. My first thought was ‐ thank goodness we live here, because of Kara.  Five minutes later I was talking with them, and Wednesday night a two‐person English/Spanish team was meeting with a  circle of many residents, listening, supporting, giving advise as to what to say to children, as Buena Vistans grieved  together.   Everyone knew Tim. Whenever he could he sat outside his modest home. He was the “town greeter” of people, cats and  dogs, and often friends sat with him. I bet many of you have read John Steinbeck’s Cannery Row. In the book, you may  remember there’s a group of men who mainly hang out on the Row. Their “leader” is Mac, and the other guys are known  as “the boys” ‐  “Mac and the boys”. I always thought of Tim and his friends as Mac and the boys, adding color  commentary on the general happenings of the BV community.   But this is hard, not just for residents, but for Caritas and Housing Authority. There are always those who are quick to  blame blameless people, especially if they are low income, live in a mobile home park, and are brown ‐ we saw that in  some comments to online news stories.   But Buena Vistans will be OK. They are strong and resilient as we know from working side by side with them over the  years. They will always have our support as Friends of Buena Vista ‐ let them always be able to count on us. Caritas and  2 Housing Authority deserve our thanks for managing and championing BV. Before long we will see the improvements to  the park needed there, and the future will be bright.   In the meantime, keep the faith,   Winter Dellenbach  Friends of Buena Vista   fobv.org    1 Brettle, Jessica From:Kathy Jordan <kjordan114wh@gmail.com> Sent:Sunday, June 30, 2019 11:37 AM To:Council, City Cc:editor@paweekly.com Subject:Los Altos analysis new SB 50/ SB 592 Attachments:Los Altos Analysis of SB 592.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Dear Palo Alto City Council:      Please note this SB 592 analysis from Los Altos.     Please likewise register opposition to SB 592 as a City Council.     Thank you for your consideration.    Best,    Kathy Jordan  Background and Analysis The original SB 592 was introduced by Senator Wiener on February 22, 2019, as a simple amendment to change the due date for HCD to deliver its annual report to the Governor and both houses of the Legislature per Health & Safety Code sec. 50408 from December 31 to June 30. On March 27, Sen. Wiener amended the bill by fully replacing the title and text so that the bill amended Business & Professions Code sec. 7400 to require the Board of Barbering and Cosmetology to update the public profile of a licensee if notified of a licensee’s address change. The revised bill – one sentence – was noncontroversial. It went through the Business Professions and Economic Development Committee (April 8) and the Senate Appropriations Committees (May 16) with unanimous approval and was also approved with a unanimous vote on the Senate Floor (May 23). Separately, SB 50 had been held in the Senate Appropriations Committee on May 16. On June 4, Sen. Wiener substantially amended SB 50. On June 13, he then amended SB 592, replacing it in its entirety with some of the text from SB 50 as amended on June 4. SB 592 is now titled “Housing Accountability Act” and carries the first part but, as of yet, not the second of SB 50 and amends Gov. Code Sec. 65589.5 (AB 3194, passed in the last session and effective January 1, 2019). SB 592 also includes some language in proposed SB 330. Some of its provisions: Definitions The bill expands the definition of a “housing development project” to include single-family houses, additions to single-family houses, and ADUs. Affordability • Paragraph (d) requires the approval of any project for “very-low, low-, or moderate-income households or any emergency shelter” unless the project fails on narrowly defined grounds related to public heath and safety, no matter how inconsistent the project may be with local zoning. •Paragraph (i) restricts conditions and lower density “that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households.” These are the only provisions that actually have to do with “affordable housing.” Market Rate Housing A city cannot disapprove any project (not just low or moderate, but including low or moderate) based on density unless the city finds (within 30 days) that ALL 3 of the following apply. 1. The density proposed is inconsistent with MANDATORY provisions of the general plan and zoning that CANNOT be varied by the appropriate city authority (e.g. staff, Planning Commission, City Council). Sec. (j)(1)(B) (B) For purposes of this section, a general plan, zoning, or subdivision standard or criterion is not “applicable” if its applicability to a housing development project is discretionary or if the project could be approved without the standard or criterion being met. Note: Because most provisions of our General Plan and Code can be excepted via variance, the practical effect is that this clause could not be used to disapprove a project. Also, because a city has discretion, under the Density Bonus Law, to approve density greater than that to which an applicant is entitled by right under that law, it is likely than any application which includes greater density than the formula in the Density Bonus Law would have to be approved, unless the provisions of 2 and 3 below could be met. In essence, the city can no longer control the density of any project under the Density Bonus Law, and nothing in SB 592 requires the additional density to increase the amount of affordable units. 2. The project has “a specific, adverse impact upon the public health or safety.” Note: This is nearly identical to language in the Density Bonus Law – a standard that is very difficult to meet. 3. There is no “feasible method to satisfactorily mitigate or avoid the adverse impact” except disapproval or lower density for the project. Note: As #2 is unlikely to be applied, this clause is also unlikely to be applied. If it could be, the bill does not indicate who is financially responsible for doing so. Elimination of Use and Density Restrictions SB 592 goes further than SB 330 by expressly defining a “housing development project” (covered under these provisions) by adding two new elements: (B) A “housing development project” may solely be, or may include, a single unit, including an accessory dwelling unit as defined in Section 65852.2. (C) A “housing development project” may solely be, or may include, the addition of one or more bedrooms to an existing residential unit. The bill adds a new definition ((h)(6) for “Conditions that have the same effect or impact on the ability of the housing development project to provide housing” to include, but are not limited to: (A) Reduction in the number of bedrooms or other normal residential features, such as a living room or kitchen. (B) The substantial impairment of the housing development project’s economic viability. Taken together, these allow developments with dense, dorm-style or communal- living and home-sharing type arrangements, in single-family (and other) zones with no affordability requirements. Summary of some effects: The Housing Accountability Act, including required timeframes for review and the potential for prospective residents to claim penalties for $10,000 per day, will now apply to single-family, ADU, or other low-density zones (new construction or additions). All housing development projects – including single-family homes, an addition to that home, or and ADU – can no longer be required to meet General Plan or zoning code requirements, if they provide higher density and if the project could be approved via a variance (e.g. setbacks, height). This will include allowing dorm-style development in single-family zones and greater density above the “by right” provisions of the Density Bonus Law. Architectural, design, historic, or other aesthetic standards can no long be imposed. Much of the work of the Design Review Commission and Planning Commission becomes voluntary or disappears. Draft Letter Assemblymember Berman, Senator Jerry Hill, Assembly Committee on Housing and Community Development (submit via portal), Assembly Committee on Local Govern,ent (submit via portal), Supervisor Joe Simitian, League of California Cities, Cities Association of Santa Clara County The City Council of Los Altos opposes SB 592 for the following reasons: 1.Although the bill seems to limit local decisions to “objective standards,” it gives housing development projects “by right” approval of variances and other discretionary factors. This effectively eliminates regulations related to zoning, planning, design, and subdivision. A core principle of land-use planning is that no plan or code can account for all circumstances. Our code recognizes this challenge with the following language for single-family, multi-family, office, public facilities, and commercial zones. Such language is essential to assure that application of the General Plan and zoning codes to specific projects meet the stated objectives. This authority would be removed by SB 592. In order to avoid such practical difficulties, unnecessary physical hardships and results inconsistent with the objectives of the zoning plans stated in Article 1 of Chapter 14.02, as would result from a strict or literal application of the provisions of this chapter, the planning and transportation commission may approve or recommend variances to the regulations controlling site area, width, depth and coverage, yards, and other open spaces, parking spaces, loading spaces, height of structures, allowable building floor area and fences. (LAMC 14.76 and 14.78) 2. The current Density Bonus Law (Calif. Gov. Code sec. 65915 et seq) gives local jurisdictions the authority to approve density greater than the “by right” limit available from the bonuses under that law. By giving development projects under SB 592 the right to any density that could be granted, SB 592 effectively negates 65915 (n). Because we have such language in our municipal code, the city would have no control, absent a health and safety finding, over the density of a proposed development that otherwise meets the requirements of 65915. 65915.(n) If permitted by local ordinance, nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. 3. By eliminating use clauses for residential zones, commercial uses such as bars, hotels, medical clinics, car repair, pet grooming, office space and other “non- residential use” is available “by right” in residential areas, provided it does not occupy more than 1/3 of the development space. This violates the long-standing planning principle that commercial uses must be compatible with shared and adjacent residential uses. 4.Voiding limits on the number of bedrooms in residential zones allows for dorm-style developments in lower density zones, including single-family areas. This may be the intent of the author, but it is opposed vigorously by this council. 5.Other than paragraphs (d) and (i), nothing in this bill promotes affordable housing. Its effect, rather, is to abolish sound planning principles and remove the ability of the city to execute the approved General Plan and related Housing Element. For these reasons, we oppose SB 592. We also note that the process by which this bill is before the Assembly allowed it to bypass all Senate Committee review, where its problematic provisions might well have been identified. That process, in our view, is also completely antithetical to transparency and open government. 1 Brettle, Jessica From:Banc Nuvopt Ltd <gestiondetalentos@avad.com.py> Sent:Friday, June 28, 2019 4:53 PM Subject:Mail Sent: Today CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on  links.  ________________________________    Sir/Madam.    Banc Nuvopt Ltd is ready to loan and partner with any investment plan with great prospects.    Regrds,  Francesco Ricci (Asst. Portfolio Manager) Banc Nuvopt Ltd.  Email:  f.ricci@bancnuvopt.com  1 Brettle, Jessica From:Jeff Hoel <jeff_hoel@yahoo.com> Sent:Sunday, June 30, 2019 3:25 PM To:Council, City; UAC Cc:Hoel, Jeff (external) Subject:Muni Fiber Palo Alto – How and Why CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Council members and UAC commissioners, Please attend Christopher Mitchell's talk, "Muni Fiber Palo Alto -- How and Why," on Tuesday, July 9th, at Mitchell Park Community Center. Thanks very much. Jeff PS: Here's Christopher's bio: https://muninetworks.org/users/christopher The MuniNetworks website, which he runs, is a great resource for those who believe in the local self-reliance of municipalities regarding telecommunications. Check it out. https://muninetworks.org ========================================================================= Muni Fiber Palo Alto – How and Why July 9, 2019 at 7PM Mitchell Park Community Center, 3700 Middlefield Road, Palo Alto, CA El Palo Alto Room West All are welcome to join a discussion on July 9th about municipal broadband and the implications for Palo Alto. Palo Alto has long considered the potential of a publicly owned fiber-optic network, which would offer better connectivity to residents at competitive rates, and local support is growing. Christopher Mitchell, Director of the Community Broadband Networks program at the Institute for Local Self-Reliance, will give a short presentation about municipal broadband projects around the nation and what lessons are relevant for Palo Alto. A screening of the short documentary Do Not Pass Go, which explores the potential of community owned networks to improve connectivity, will follow. There will be ample time reserved for Q&A at the end of the session. https://munifiberpaloalto.org/events/ 1 Brettle, Jessica From:Tony Ciampi <T.Ciampi@hotmail.com> Sent:Thursday, June 27, 2019 9:30 PM To:Shikada, Ed; Stump, Molly; michael.gennaco@oirgroup.com; Council, City; jrosen@da.sccgov.org; Ombudsman@dao.sccgov.org; pbains7@projectwehope.com; Bains, Paul; Villaescusa, Marianna; Lum, Patty Cc:LBuchen@aclunc.org; vtalla@aclunc.org; YHaile@aclunc.org Subject:Officer Fino violation CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.    https://www.youtube.com/watch?v=7EJHO0LCn9o&t=8s  To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.   Fino 1 - YouTube Unlawful Unconstitutional detainment search and seizure committed by Palo Alto Police Officer Daniel Fino www.youtube.com     Third unlawful detention upon one citizen by Palo Alto Police in less than a year.    Unlawful, Unconstitutional detainment, search and seizure, and assault and battery by Palo Alto Police Officer  Daniel Fino.  Officer Fino was attempting to initiate a physical altercation by which he could arrest me just as  Officer Burgio attempted to a couple of years ago and has eerily similarities in a case in which Fino was  involved in at Stanford with Officer Burgio in which a law abiding citizen had his eye socket broken.  See Below  for Info:    Fact one:   I was not looking into any cars. That accusation is a bold face lie as I had just arrived at my vehicle  from the other side of town which can be documented several ways when Officer Fino and Officer Joy  approached me after being there for no more than a minute.    Fact two:   Officer Joy demanded my identification to determine if my car was my car after seeing me  open the door to my car with a key.    Fact three:   The Police do not stop citizens and demand their identification to determine if they are the  owners of their vehicles upon seeing citizens approach and enter their vehicles, because that is illegal.    Fact four:   The vehicle was not in violation of the 72 hour code as no warning had been issued.  Additionally  there is no lawful justification to demand identification for a parking violation as thousands of parking tickets  2 are issued every day and placed on vehicles without the owner being present especially vehicles that have  been deemed to have not been moved for several days.    Fact Five:  The cracked windshield was only discovered after Officer Fino had unlawfully detained me;  assaulted and battered me and illegally obtained my license.  This is verified by the fact that when I asked  Officers Fino and Officer Joy why they needed to see my identification they refused to provide an answer  other than they needed to find out who I was.  Had Officer Fino stated that the windshield was cracked and  that that was a violation that required my identification I would have readily provided it to him.  But even then  I would not legally be required to as since the vehicle was parked it was not a moving violation but just a fix‐it  ticket.      Instead of informing me of that violation Officer Fino grabbed my arm forcefully and then pushed me into the  front of my vehicle pressing upon me with significant force even though I had not resisted in any manner at  any time.  He did this in hopes of eliciting the slightest physical response like, tensed arm muscle, as  justification to use significantly more force upon me and then arrest me for resisting arrest just as what  happened at Stanford with another citizen.  Officer Fino illegally and egregiously unnecessarily escalated a  non physical and non‐violent situation into a physical and violent one.          Palo Alto officers acted 'reasonably' after punching man they thought was shoplifting, superiors say  A security guard at Macy’s came up to the officers and told …… a group of black men were acting “boisterous" and  "loitering in the area……." She said she never accused this man in particular of stealing but she did say the entire group  was acting suspiciously…….   Sgt. Brian Philip and Officer Daniel Fino, ……… Neither of them had turned on their recording microphones  It was at this point that Burgio "delivered one blow to the suspect's head." He told his superiors that he feared the man  may have been reaching for his police gun. Reifschneider then hit the man with his fist "several times in the hip."  The officers decided to "detain and speak with the suspect," according the police reports. They were in plain  clothes but they said they identified themselves as police, although he later said they didn't. The man didn't  stop and told them he did nothing wrong, the reports state.  Both officers applied control holds on his wrists to keep him from leaving. The man began to tense his arms  and tried to walk away. In order to prevent him from doing that, police pinned him against a parked car. Philip  called for emergency assistance and they struggled with him.    http://www.ktvu.com/news/2‐investigates/palo‐alto‐officers‐acted‐reasonably‐after‐punching‐man‐they‐thought‐was‐ shoplifting‐superiors‐say            Newly released police records detail violent takedown of shoplifting suspect  3 In May 2016, Assistant Chief Patty Lum recommended that Philip be given a “documented oral counseling  memo” on the requirement that he use his mobile audio‐video (MAV) recording device. Lum also recommended  that Fino receive training on the same subject.  Neither Philip nor Fino was wearing the device.  It’s unclear whether Burgio broke the man’s eye socket because a witness said he was also scraping his face  on the pavement while resisting police.  Reifschneider delivered several blows to the man’s hip area to try to get his hands. Burgio said he thought the  man was reaching for his gun, so he punched the man in the head.  He also claimed that Philip and Fino didn’t identify themselves as police at first, contrary to what they said.  https://padailypost.com/2019/04/11/newly‐released‐police‐records‐detail‐violent‐takedown‐of‐shoplifting‐ suspect/               4         6       Two years ago Burgio attempted to initiate an altercation by falsely arresting me in Starbucks  as a justification to arrest me for resisting arrest.    https://corruptpaloaltopolice.weebly.com/false‐arrest.html       Last August Ofc. Christopher Conde illegally detained me and last February Ofc. Daniel Cuevas illegally detained me.  https://corruptpaloaltopolice.weebly.com/  7       When is going to stop?    https://chiefburns.weebly.com/    Tony Ciampi                      1 Brettle, Jessica From:Kathy Jordan <kjordan114wh@gmail.com> Sent:Monday, July 1, 2019 1:47 PM To:Council, City Subject:please oppose AB 516 --- Parking CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  To the City Council:     Per today's Post article about AB 516, which proposes to prohibit the towing of parked cars with five or more unpaid  parking tickets, and delay the towing of cars that haven't been moved, among other provisions, I write to ask the City of  Palo Alto to register its opposition to this bill.     The City of Palo Alto has a plan for parking in place already, downtown and in its neighborhoods, which while a work in  progress, is designed to address our City's specific needs and those of its residents and visitors.    AB 516 would dictate its own centralized state planning for parking in Palo Alto and every community in the state of  California.  The bill's dictates involve ignoring rather than enforcing certain parking code violations and instead  substituting the state's own regimen, despite differences between cities and communities throughout the state.      While local cities may already be offering payment plans to low‐income parking code offenders to address undue  hardship, the state chooses to dictate (lack of) enforcement of parking code violations from above, ensuring chaos.  All  of us in this community depend upon the city to mediate and enforce lawful access to parking in downtown and other  areas in Palo Alto with parking scarcity.      Please reject this state usurpation of local control over our community.    Thank you for your consideration.     Best,    Kathy Jordan  1 Brettle, Jessica From:Hon Wah Chin <chin.honwah@gmail.com> Sent:Thursday, June 27, 2019 9:15 AM To:Council, City Subject:Police Station Art CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  I saw in the Wednesday June 26, 2019 Daily Post that   other residents are also upset and sent emails.   I am   adding to that.   The whole one percent for art movement   is pretty silly, especially as projects get bigger.   [Art? / Decoration? ‐ It's not like "ART" would necessarily   make a development more pleasant to look at.]  In any case, tax‐payer funded utilitarian developments   should not have the requirement at the same level if at   all.  The ordinance should be changed.     Hon Wah Chin   3281 Greer Rd  Palo Alto   1 Brettle, Jessica From:William Reller <wereller@664gilman.com> Sent:Friday, June 28, 2019 4:51 PM To:Council, City; tcr@stanford.edu; Materman Len; jpa@sfcjpa.org Subject:San Francisquito Creek flood protection CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  I am in complete support of current efforts to provide creek improvements (in addition to  those completed downstream in 2018) that will replace the Pope‐Chaucer Bridge and widen  the channel downstream.  It is remarkable that this complex project has had so much success  to date given at least five governmental jurisdictions working in collaboration.  A credit to all!     I live in Palo Alto on Crescent Cr, the land parcel extending to the center of San Francisquito  Creek (only a little flooding in 1998!).  It continues as a second parcel across the creek with  frontage on Woodland Ave, Menlo Park.  Should there be some advantage in my deeding that  parcel to others  I would so consider.     Thank you for all your efforts.     William Reller  wereller@664gilman.com     1 Brettle, Jessica From:Loran Harding <loran.harding@stanfordalumni.org> Sent:Monday, July 1, 2019 3:28 PM To:dennisbalakian; David Balakian; Dan Richard; Daniel Zack; Cathy Lewis; esmeralda.soria@fresno.gov; margaret-sasaki@live.com; Mark Standriff; Mayor; huidentalsanmateo; Mark Kreutzer; terry; Joel Stiner; midge@thebarretts.com; info@superide1.com; Doug Vagim; vallesR1969@att.net; beachrides; bearwithme1016@att.net; kfsndesk; newsdesk; kwalsh@kmaxtv.com; Steve Wayte; steve.hogg; Steven Feinstein; Council, City; hennessy; shanhui.fan@stanford.edu; yicui@stanford.edu; bballpod; Irv Weissman; mthibodeaux@electriclaboratories.com; popoff Subject:Fwd: Square SQ gets a PT hike to $100 CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.    ‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐  From: Loran Harding <loran.harding@stanfordalumni.org>  Date: Mon, Jul 1, 2019 at 2:49 PM  Subject: Square SQ gets a PT hike to $100  To: Loran Harding <loran.harding@stanfordalumni.org>            Mon. July 1, 2019               To all‐  PT on Square  SQ    now $100 by Nomura. I paid $62 for it four weeks ago today, June 3, and it c. today at  $73.20, up 18% in that time.  So seven years of bank interest in a month. It was up 20% at one point.                  https://www.marketwatch.com/investing/stock/sq            LH                  1 Brettle, Jessica From:Jeff Hoel <jeff_hoel@yahoo.com> Sent:Saturday, June 29, 2019 5:56 PM To:Council, City Cc:Hoel, Jeff (external); UAC Subject:TRANSCRIPT & COMMENTS -- 06-24-19 -- Item 36 -- FTTN & CAC CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Council members, At your 06-24-19 meeting, https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=41658.37&BlobID=72070 you considered an Item 36, about restarting FTTN and sunsetting CAC. Here's the staff report: https://www.cityofpaloalto.org/civicax/filebank/documents/72075 Here's a transcript of this item (below the "######" line), with my comments (paragraphs in red beginning with "###"). SUMMARY I think building out ad-hoc fiber for AMI and SCADA, hoping it will be good for FTTP, before having a detailed design of the citywide municipal FTTP network is asking for trouble. Thanks. Jeff ------------------- Jeff Hoel 731 Colorado Avenue Palo Alto, CA 94303 ------------------- ########################################################################################### Video of Council's 06-24-19 meeting, Item 36: https://midpenmedia.org/city-council-152-6242019/ 1:47:30: Mayor Filseth: So, we're actually going to take up Item 36, here, first. And then move on to Item 35. Is there a staff discussion on Item 36? 1:47:45: Dean Batchelor: There is. So, good evening, Mayor Filseth, Council members. Dean Batchelor, Utility Director. Before you this evening is a staff report with recommendations to authorize the reinsurance ### reissuance of the new request for proposal of fiber expansion, along with the recommendation to sunset the Fiber & Wireless Citizen Advisory Committee. Which is the CAC. ** And assign the Utility Advisory Commission to -- or, the Utility Advisor Commission to assume the sole advisory role to the fiber expansion initiatives. As we've been talking about in this 2 report. So, with that, I'm going to turn it over to Jim Fleming to talk about the first recommendation. And then, I'll talk about the second recommendation. 1:48:29: Jim Fleming: Good evening, Mayor Filseth and Council members. My name is Jim Fleming. I'm a Senior Management Analyst with the Utilities Department. To provide some background, in August of 2017, the Council directed staff to engage a management consultant to develop a business case, prepare a high-level network design, evaluate financial models for alternative use cases, and identify potential partners and/or service providers for a fiber-to-the-node network for fiber and broadband expansion. Including an option to build a citywide fiber-to-the-premises network. In June of 2018, the City issued a Fiber- to-the-Node RFP to retain a management consultant to complete these tasks. ### RFP 171422 was issued on 05-24-18. Bids were due 06-28-18. https://nextcenturycities.org/wp-content/uploads/RFP-171422-FTTN-B1.pdf Six firms responded to the RFP. And five firms were interviewed. In November 2018, the Council approved the Smart Grid Assessment and Technology Implementation Plan, including Advanced Metering Infrastructure -- also known as AMI -- to serve electric, gas, and water utility customers. AMI is a foundational technology that is becoming standard in the utilities industry, to improve customer service, and facilitate efficient operations. The Council also encouraged staff to align the Fiber-to-the-Node business case with the AMI implementation, including a detailed engineering design. The UAC -- the Utilities Advisory Commission -- was updated about the Council's direction in January of 2019, including the recommendation to reissue the RFP, to retain a consultant to align fiber planning with AMI implementation. The UAC was supportive of reissuing the RFP to align with AMI, including a detailed engineering design. After discussions with Purchasing and Legal staff to align AMI implementation as the initial focus of the fiber network expansion, and adding SCADA communications and City operations wireless communications technologies, staff recommends reissuing the RFP 1:50:47: The existing fiber optic backbone is a core City asset. This slide represents the existing fiber backbone in its present role, in supporting the communication requirements of City facilities, critical City infrastructure, and the commercial dark fiber licensing enterprise. The City's commercial dark fiber offering has a high market share and brand awareness among organizations that need the quantity and quality of bandwidth provided by direct fiber connections. A commercial dark fiber offering is a niche service. Stanford Research Park and downtown Palo Alto are two specific areas where customer acquisition has been particularly successful. The types of private organizations licensing dark fiber are in two distinct categories. Category one are resellers, also known as wholesalers, which are primarily telecom service providers that purchase large amounts of transmission capacity from other facilities providers, and resell services to smaller end users. The second category includes commercial firms involved in mainly technology-related businesses, such as web hosting, social media, finance, medical, law, pharmaceuticals, research & development, software development, consulting firms, and e-commerce. Additionally, the Palo Alto Unified School District facilities are connected to the network. Most of these organizations have the internal IT resources to light the fiber and facilitate the cross-connection to an internet service provider (ISP) at PAIX, in downtown Palo Alto. PAIX is a carrier-neutral colocation facility that hosts many ISPs. PAIX is owned by Equinix. Of course, the City's -- or, the network's primary purpose is to support City facilities and departments, in addition to supporting critical municipal infrastructure, such as electric substations, the traffic signal system, pump stations, and creek monitoring. ### Is it really necessary to say that the dark fiber network's "primary purpose" is serving the City customer? Does the City gain anything by classifying commercial dark fiber accounts as of secondary importance? All infrastructure that is highly dependent on secure, high-bandwidth broadband connectivity. ### Of all these City functions, how many would be at least as well served by municipal FTTP as by dark fiber? (If there were municipal FTTP.) I'm guessing all of them. ### FTTP can be designed with redundancy, so that if a fiber is cut, the network stays up. (Of the City's dark fiber uses, how many have redundant connections?) 1:53:02: 3 This next slide represents future expansion of the network for AMI and smart grid implementation, and supporting communication links for the existing SCADA system, in addition to wireless communications support for Public Safety and Utilities field staff. By connecting fiber optics to these systems, essential City services will be enhanced, such as outage restoration, emergency response time, and ensuring resiliency across all utilities. 1:53:33: This slide represents future, multi-phase expansions of the fiber backbone for Fiber-to-the-Node, as a potential platform for Fiber-to-the-Premises opportunities, and future smart grid initiatives, dependent on high-bandwidth fiber connectivity. 1:53:51: The proposed RFP to retain a consultant for this multi-phase fiber network expansion involves the implementation of a fundamental design principle: to initially leverage and expand the existing fiber backbone for AMI and SCADA systems communications links, in addition to wireless communications links for Public Safety and Utilities field staff. ### I'm not persuaded by this "fundamental design principle." Why isn't the fundamental design principle to deploy citywide municipal FTTP, and then treat all non-mobile entities that need communications service as premises? Subsequent phases include a strategy for cross-utility scenarios that would integrate fiber expansion with ongoing capital improvement projects, in addition to the support of smart city initiatives, while simultaneously evaluating Fiber-to-the- Premises opportunities. A larger and more geographically spread-out fiber network may incentivize ISPs to form a public- private partnership with the City to deliver broadband and other services. ### I'm very, very skeptical that partnering with a private-sector entity is going to make citywide municipal FTTP more feasible. The four fiber expansion phases are as follows: 1:54:57: Phase 1 involves preparing a high-level design and cost estimate for AMI, SCADA, and wireless communications support for Public Safety and Utilities staff. Contingent on the findings and recommendations of Phase 1, and Council approval to proceed, Phase 2 asks the consultant to prepare a detailed network design and cost estimate, including bid-ready construction drawings and construction standards, a bid-ready package, and bid evaluation assistance. As part of the fiber expansion, staff will work with the consultant to develop local ordinances, policies, and construction standards, and ensure they comply with legal and regulatory requirements. The ordinances and policies include dig-once, microtrenching, one-touch utility pole make-ready, and multi-dwelling access. Contingent on the consultant's findings and recommendations in Phase 2, and Council approval to proceed, in Phase 3, the consultant would do the following four tasks. A business case and a high-level design for Fiber-to-the-Node and/or Fiber-to-the-Premises and future services. The second would be, conduct a community survey, to measure interest and support in Fiber-to-the-Premises, undergrounding, and electrification. The third would be to prepare a market assessment of existing internet service providers in Palo Alto, and services offered. And fourth is to evaluate public-private partnership opportunities and funding models. Contingent on the consultant's findings and recommendations in Phase 3, and Council approval to proceed, in Phase 4, the consultant would prepare a detailed engineering design and cost estimate for Fiber-to-the-Premises, including bid-ready construction drawings, bid package, and bid evaluation assistance. 1:56:45: The following are potential scenarios of capital improvement projects that could be integrated with future fiber expansion plans. Electric system underground conversion, electric system aerial and underground rebuilds, fiber optic rebuilds, natural gas line replacement, electrification, electric vehicle charging infrastructure. This integrated utilities approach, with fiber and undergrounding, may also promote electrification initiatives and new electric vehicle charging infrastructure in neighborhoods. 1:57:20: So, at this point, I'm going to turn it back to Dean Batchelor. Thank you. 1:57:24: 4 Dean Batchelor: So, at this point, I'm not sure if you -- Council -- would like to talk about this first recommendation? Or would you want to have both the recommendations? 1:57:34: Mayor Filseth: Why don't we go through both of them first. 1:57:36: Dean Batchelor: OK. 1:57:36: Mayor Filseth: And then we'll -- 1:57:44: Dean Batchelor: So, the second recommendation is to sunset the CAC. So, back in 2014, the City Manager put together a team of residents to become the CAC. With the look at, possibly, of the expansion of Fiber-to-the-Home. And the look at that was to hire a consultant to do a business plan, and then move on, from that standpoint. Then, in 2016, then Google came into the picture, at that period of time. ### On 05-14-13, Council's TACC subcommittee directed City Manager Keene to appoint a CAC, but it took him until 02- 18-14 to do so. Then, on 02-19-14, Google announced its intention to think about deploying FTTP to 33 more cities, including Palo Alto. And so they were working with staff, at that point, to look through the possibility of how we could colocate with Google. So, the new mission now has kind of changed. So, we're thinking that, from a staff perspective, that the UAC, as they look at the smart grid system, to look at the electrification aspects of it, looking at the natural gas and water customers, that they have a larger, wider area to review, and cover larger planning. As well as multiple utilities that they already did with. As Jim just mentioned, you know, we look at, from a CIP standpoint, we look at from an electric perspective -- our projects, we look at our gas and our water and our wastewater projects. And so, staff is looking at that, it's a wider outreach from the UAC. It was chartered in the UAC that they oversee the fiber expansion. ### Utilities Director Fong used to deny that UAC was chartered to "oversee" anything, but I think the term is apt. So, we think that, at this point -- staff does -- that the CAC that was commended back in 2014 to look at a fiber-to-the- premise -- that's been completed. At this period of time. Now, we think, also, too, is that this is a turning point, to look at possibly getting to fiber further into the neighborhoods. Um. And even looking at fiber-to-the-premise. As we rebuild some of these systems, as we've talked about, is that, if we need to go in and add fiber to an overhead section of the customers' neighborhoods, then I think that we could look at the possibility of including, then, the fiber-to-the-home- premise. As we go deeper into the system, as we build out to the nodes, as this plan kind of outlines, at this period of time, we feel that fiber's getting further into the neighborhoods, at this period to time. As we move forward with the construction of the AMI system. 2:00:19: Right now, we just had, recently, a consultant come talk to us, looking at how many collectors that we would actually have to put throughout the system. And, right now, that consultant looked at seven different areas throughout the City. That we would have to push fiber further into the neighborhood aspects, to make these connection points. As, also, Jim talked about, is that, going to our transformers, and looking at our switches. Again, this is the wider portion of it, that we think that where the UAC has oversight in, and is more familiar with this, than looking at just what the CAC was commended to do, back in 2014. I think, for now, that the UAC, you know, makes these recommendations onto yourselves as the Council. And we think that will be more informed of what this plan is actually, as we move forward -- as we look at these different phases that Jim talked a little bit about. And that how they will support -- the UAC would support that. Plus, also, too, is, if you remember -- April, I believe it was -- that Council did interviews for UAC members. I think it was in April. Is that, there were three brand new positions that were put onto the UAC. ### Council interviewed UAC candidates on 04-29-19. Council appointed four candidates to UAC on 05-20-19. Of these, three (Smith, Jackson, Scharff) had not previously served on UAC. 5 Two of those individuals -- Loren Smith is one of the UAC members who sits on the CAC. ### To be clear, Smith is the only UAC member to have served on CAC. So, if you're concerned a little bit about -- maybe if the expertise really isn't there so much from a fiber perspective, from a UAC's perspective, that I think the thing is that, like I said, Loren -- his background, and experience in the telecom industry -- he's been sitting on the CAC for the last year and a half. ### Smith started serving on CAC on 10-27-16. http://cityofpaloalto.org/gov/boards/technology_committee.asp There have been only 11 meetings since then (including 10-27-16). And he brings a tremendous amount of knowledge. The other gentleman, Donald Jackson, is an engineer from electrical engineer and a computer science background. And then, also, too, is that he's very familiar with fiber-to-the-home, and other ideas about looking at some modeling that he has talked about, and how maybe we can partner with some outside agencies on that third party that Jim was talking about earlier. So, if the concern may be -- is that maybe the UAC doesn't have the full understanding, what these two gentlemen that just came on board to the UAC, we feel that -- there's a lot more strength than just to cover that fiber portion of it. 2:02:43: So, with that, we'll turn it over for questions. 2:02:46: Mayor Filseth: Uh. Are there any speakers to this item? Seeing two, we will go to the public. And you will have three minutes. And the first speaker will be Jeff Hoel. 2:03:08: Jeff Hoel: OK. Um. Two years ago, when you were given the opportunity to think about FTTN, staff told you how much they thought it would cost eventually. Something like $15 million. Which is more than half of what's in the Fiber Fund right now. So, once that's spent, it can't be spent on fiber-to-the-premises. That was my main concern about that. This time around, staff hasn't said how it will cost. But I have to assume that they think it's going to cost something like that. And so, I have the same concern. 2:03:49: Fiber-to-the-node, as far as I can tell, isn't planning to install any fiber infrastructure to "pass" premises. And that's exactly the fiber infrastructure that fiber-to-the-home needs. So, my feeling is, it's spending $15 million to get nothing of value to fiber-to-the-home. 2:04:01: This time around, after -- sorry -- that -- What UAC considered in January was the addition of the idea that instead of just doing fiber-to-the-node, to maybe do fiber-to-the-premises someday, we'll actually choose smart meters as the vehicle to decide where the fiber goes. Which I think is sort of doubly ridiculous. If we had fiber-to-the-premises, that would be the fiber infrastructure that went exactly to all of places that smart meters need them. But the reverse is not true. If you install fiber that goes where smart meters need them, that doesn't put it where fiber-to-the-premises needs it. 2:04:59: For tonight, staff has added a couple of more ideas. One is, let's combine fiber-to-the-premises with undergrounding. The trouble with is, Greg Scharff has said undergrounding is more or less dead. I don't think that Council necessarily agrees with that opinion. And I'd like to find out that Council DOES think about undergrounding. Because I think it's an important thing to do. But until they think that undergrounding is a way forward, I see no reason to combine fiber-to-the-premises with it. Similar idea for electrification. Some people are saying we should just get rid of our gas lines altogether, because that's how we'll save the planet. I don't disagree with that, in a 20-year or 50-year timeframe. But I don't want to wait 20 or 50 years to do fiber-to-the-premises. 2:05:59: 6 What I think staff ought to be doing with the consultant this time is what the old system was going to do ... ### Timer beeps. Well -- I think staff should design all of fiber-to-the-premises, and then, if they think they don't have enough money to pay for it, they should figure out what parts to leave out. But they should make that decision according to the citywide design for fiber-to-the-premises. 2:06:29: Mayor Filseth: Thank you. Herb Borock. 2:06:40: Herb Borock: I don't believe that you should approve the request to reissue the RFP, because these are two different requests for proposals. This request for proposal is completely different than the one that's currently pending. Because of the amount, you are the contracting authority on the original RFP. And before you act on another RFP, staff should bring to you a recommendation to either terminate the previous one or to award the contract to someone. And YOU make that decision. Instead, what's happened is, staff has been sitting on that proposal. And I believe it's been sitting on it, waiting to bring you this Advanced Metering Infrastructure proposal. And, by coincidence, waiting for AT&T to begin installing its fiber throughout the City. So, that's the first thing I think you should do. 2:07:40: And, in regard to SCADA, I thought it had already used the City's fiber network. And they didn't need to build a fiber network for SCADA. 2:07:50: In regard to the Citizens Advisory Committee, it has been, in my judgement, essentially ignored. Most of the meetings last year were cancelled. And I think it's worthwhile to acknowledge that it hasn't served the purpose. Other than waiting around -- just like with the RFP -- until they're ready to do something else. So, yes, terminate the Citizens Advisory Committee. But don't make the Utilities Advisory Commission an advisory committee to staff. The municipal code defines the UAC as advisory to the City Council. And the Council can ask the UAC to foster and facilitate engagement with the general public. But that's completely different from the way staff has been treating the UAC, as a place to have discussions. Rather than bring proposals to it, on which it makes recommendations to the City Council. 2:08:50: So, I think that you should acknowledge the fact that there were two different RFPs, the one that's currently sitting around, with responses, that you haven't received the recommendation on, and this one that you see tonight, which you haven't -- which staff is asking you to make the SAME RFP. They are not the same RFP. 2:09:10: And, in fact, since you're next meeting is some time from now, ### Council's next meeting is 08-05-19. staff can actually bring you the draft RFP, and you, as the Council, can decide if that's something that you want to approve, or change before approving. 2:09:25: And, in regards to how to get fiber-to-the-premises, if at all, I believe you need to start with fiber being a service to the community that is not provided by existing private enterprise. So, ... ### Timer beeps. ... doing things piecemeal, doesn't work. 7 2:09:41: Mayor Filseth: Thank you. William Xuan. 2:09:48: William Xuan: All right. Do I start now? 2:09:59: William Xuan: Hi. My name is William. And this is my presentation. So, basically, what's happening right now? We have companies like Sonic, offering excellent service to community members. And they really like it. But, you know, if it was like that, and if they were like -- if they liked it, I think I wouldn't have to be up here and say all these things. ### In Palo Alto, Sonic has no infrastructure of its own, but, as a CLEC, it has been permitted to use AT&T's copper infrastructure. So, although it has great customer service, performance is limited. However, things have changed. You know. USTelecom -- all the incumbents -- have come up to the FCC and said, we need to be able to jack the prices of people like Sonic. ### Soon, FCC will consider (WC Docket No. 18-141) a petition from USTelecom to forbear from enforcing Section 251 (c)(3) of the Telecommunications Act of 1996, which allows CLECs to use ILECs' infrastructures. https://docs.fcc.gov/public/attachments/DOC-358069A1.pdf It's currently agendized for 07-10-19. https://www.fcc.gov/news-events/events/2019/07/july-2019-open-commission-meeting I mean, those businesses -- the ISP -- can't stay in business. And we can't have the competition that we've seen right now. And it's actually dying quite lot. And, you know, these are companies that are the most hated companies in America, and provide really bad services for outrageously high prices. 2:10:49: It's one step for- -- The staff proposal is one step forward, but it's actually two steps backward. Because when you're looking at FTTP, you need purpose-build infrastructure. It's like building a foundation for a park, and then putting a skyscraper on that foundation. At that point, you might as well just start from scratch. Because it's a lot simple to build that way. And I think that's what staff is missing in this proposal. 2:11:12: Now, why is putting the ball in the UAC flawed? Because UAC has so many other tasks. What's to ensure that fiber will be front and center, and that they will actually accelerate the pace of decision-making? Nothing. And I've actually talked to the UAC members. Whether they know about fiber or not. And I think what we've seen is a bit worrying. Because we've seen UAC members even question the need for fiber. Are these going to be the people who are going to be spearheading the issue? Or are going to slow us down? I think that's something we should worry about. And, instead, we should turn the CAC into a commission. Not only could we, you know, gain all these benefits, we can garner all the same benefits that we gained from the UAC. Plus, it's a much better solution. And it actually comes front and center. 2:11:59: I think the timeline is also a worrying issue. You know, there's nothing wrong with saving money by bundling these things -- electrification and natural gas -- but there's no reason why we should turn a two-year project into a 20-year project. I think that's simply unreasonable. And that we should be reasonable in the way we implement the plan. And that the - - Another part is, the first phase of the six-phase plan takes one year. And that's the only deadline that they put. I think if you want something -- We want something now, in order to block the incumbents. Because, if Coun- -- If we wait, Comcast and AT&T will just come in and provide the same bad service that residents have been talking about for this entire time. We want something that will actually work. And the FTTN proposal will simply not provide it. Thank you. 2:12:42: Mayor Filseth: Thank you. We now return to Council for questions, comments, and motions. Council Member Kou. 8 2:12:57: Council Member Kou: I just have a question. You said, earlier, a "collector." The term -- what does that mean? 2:13:04: Dean Batchelor: So, when we launched, and we moved forward with the AMI system. So, the AMI meters, themselves, will have a transponder that will send a signal out. And then these collectors will be actually taking the reads of the meters. So, it will read the electric meter. It will read the water meter. And it will read the gas meter. There's two ways of doing that. That is, is that the meters will actually hop to the electric meter. So, the gas meter will push to the electric meter. And then, the water meter will push to the electric meter. And then it goes to the collectors at that point. Or, the other type of system is, it's just direct inline. So, the water meter goes to the collector. The gas meter goes to the collector. And the electric. ### Previously, staff talked about a different way, where electric meters could forward wireless signals from other meters, but gas and water meters could not (to save battery power), and some electric meters could communicate with collectors. ### If we had citywide municipal FTTP, we could do what Chattanooga has done (PDF page 19 here). https://info.ornl.gov/sites/publications/Files/Pub74732.pdf For premises that have FTTP service(s), the electric smart meter is connected by fiber. For other premises, the electric smart meter is connected wireless to a nearby smart meter that is connected by fiber. There's no need for "collectors." So, that's one thing that utilities staff is looking at, is, what's the best system for us, as Palo Alto? But these collectors would be located throughout the City. And -- we just saw the recent design portion of it -- where these collectors that we saw -- Seven collectors. Four in the lower side of Palo Alto, and three in the upper hill. 96 percent would have redundancy. So that -- we have problems up in the hills, where we would have to put some type of repeaters. Or we may have to put another collector up in hills, to be able to collect all the data at a given time. So, it would be real time data, that a customer could take a look at, if we went to time-of-use meters, or if we decided that they wanted to look at what's going on on their electric -- what they're using at that period of time. So, it would be real time. That the customer would be able to go into a portal, and then be able to see their ... 2:14:44: Council Member Kou: The collector is a box? 2:14:45: Dean Batchelor: So, yeah, the collector itself is a set of small antennas. That would get put onto a pole, or onto a streetlight. And then -- It goes into a two by two [foot] square box. And then, that is going to be driven by fiber. That would come back, then, to a designated location. And then download all that information from a billing perspective. Also, it would help us in determining outages much quicker. Because what we can do then is -- it's a two-way system. So, we would be able to look at -- we could bring up your address and see if you have power or no power. ### As I understand it, staff's plan is for electric smart meters to have no battery backup power. So, if you poll an electric smart meter and it doesn't answer, it might be because the power is out, but it might be for some other reason. Or we'd be able to look at a block, to see, how far does that outage really continue to go? Right now, it's all done by patrolling. We have to go out and patrol the lines. So, if it's overhead, and we see the wire down, or if there was an issue, then we'd be able to take a look at that. And the same with underground. The same way. So, we could make much more efficiency if we were able to put this AMI system in place. 2:15:49: Council Member Kou: Thank you for that. 2:15:52: Mayor Filseth: Council Member DuBois. 2:15:55: 9 Council Member DuBois: One quick question. So, when you were talking about our existing fiber network, do we also support our libraries, community centers? And, does the Palo Alto school district use our network? 2:16:11: Jim Fleming: Yes. We connected all of the schools and the [school] business offices back in roughly 2014-2015. So, ... 2:16:20: Council Member DuBois: OK. That's what I thought. I just think we should call that out, too. 2:16:22: Jim Fleming: And all -- almost all City facilities are connected to the network. 2:16:26: Council Member DuBois: Yeah. And our libraries, too, right? 2:16:28: Jim Fleming: Correct. 2:16:28: Council Member DuBois: Yeah. Um. So, I notice that the previous RFP got a really wide range of responses. From $75k to $5.5 million. So, it seems like either people interpreted the RFP differently, or it wasn't understood, I guess, what we were asking for. I mean, was there a reason we had such a wide range of dollar values? 2:16:56: Jim Fleming: Um. There were, I guess, two different categories of respondents. There were consulting firms. And also firms that just design and build -- and probably didn't look that closely at what we wanted in the RFP, in terms of providing consulting services. They could provide a design-and-build, but they were jumping way ahead. 2:17:21: Council Member DuBois: OK. Um. So, I think it makes sense to me that we'd reissue the RFP, and look for design and, like, construction experience. I think that's a good step forward. And I like the idea of being to leverage the network for multiple uses -- for smart grid and AMI. But I do think we still have this goal of trying to make sure the network could be usable for FTTP. And the previous Council motion was around fiber-to-the-node. And so, I see this as getting closer to our goal, by extending the network out to the neighborhoods. I mean, I guess, in this kind of Phase 1, Phase 2, do we really have any idea right now -- like, where we're talking about expanding the network? Would it -- One of the speakers talked about "passing" houses. What do we envision, really, in Phase 1, Phase 2? 2:18:28: Dean Batchelor: So, I think, in Phase 1, as we look at, you know, this design, the design was going to look at where these collectors were going to be. And I think that staff has to make a recommendation about if we go with one system or one of the other. Meaning that, do we go with the type of collectors where we're going to use the system where they hop to each meter, and then they have collectors? Or do we go with this other style, where each meter jumps to the collectors? Because, each system -- if we use the first type of system, we're probably going to put 30 collectors in. To make the same coverage as if we were going to go to the direct, where each meter runs to 7 collectors. ### I don't buy this explanation. It's too bad that there isn't a staff report to explain. I'm guessing that the plan where all meters communicate directly with collectors is the plan that needs 30 collectors, and the plan where electric meters can forward signals from other meters is the plan that needs 7 collectors. Incidentally, for the latter plan, it's not true that each meter runs to 7 collectors. Each meter communicates with at least one collector, and 96 percent of meters can communicate with at least two collectors. 10 I think the thing is, is that, as we look at which system is best for us, that will push fiber further into the neighborhoods. ### Pushing fiber further into neighborhoods doesn't necessarily make it more accessible for FTTP. Fiber that "passes" premises is accessible for FTTP. Because these collectors are going to have to be in the neighborhood, located so that we can get coverage for -- we want dual -- um -- um -- redundancy. That these meters would be able to be read by. So, if one collector goes out, this other collector would be able to pick up the back side of wherever they would be. So, we would then push, like I say, more fiber into the neighborhoods. And further into, because of the design that we would go with. 2:19:45: Council Member DuBois: I guess, is there anything -- I guess envisioning anything in the RFP that, in Phase 1 and 2, we would ask people to be thinking about a fiber-to-the-premise network? Like, as we design kind of the Phase 1, Phase 2, are they going to be thinking about Phase 3? 2:20:01: Dean Batchelor: Well, I think the thing is, is that, you know, in the Phase 1 portion of it, we're asking for this high-level design. And the design would be, then, to look at, you know, where these collectors would be located at. As we build, then, at that period of time, of overhead, or if we have to build some additional undergrounding portion of it, it will pass homes. ### If "passing" a home includes the idea providing the vault or on-pole connection point so that the home can connect to the fiber inexpensively, in order to get FTTP service, then I very much doubt that the fiber identified in Phase 1, for the sake of connecting to wireless collectors for AMI, will "pass" homes. At that period of time. I think, at that point, in Phase 2, when we look at doing the business plan, and looking at the ordinances, and as we do the design portion of it, to get, actually, a full-blown design, that's when we can look at how many homes we're going to pass, and how the collecting would be, and how the connections would be, then, to each home. 2:20:41: Council Member DuBois: Right. Just this idea of, you know, not thinking ahead enough. We don't want to design ourselves into some kind of corner. So, I also just -- I mean, this has come to Council over the years. It's been a long- time project. A lot of past Council discussions -- there were some discussions about, kind of, ordinances -- dig-once ordinance. Those were geared around kind of lowering the cost of constructing a network. Um. And so, I guess, with AMI and SCADA, those are being used for [Public} Safety and for Utilities. My expectation would be, the Utilities would bear the cost of those phases. Is that correct? 2:21:26: Dean Batchelor: Yeah. I think, as we build -- you know, build the system, this cost is not going to be coming 100% out of the -- you know, out of the Fiber Fund portion of it. ### Good. If this phase doesn't benefit FTTP at all, I'd like zero percent of the cost to come from the Fiber Fund. And so we would bill all the utility aspects, for water, gas, and electric, because of the AMI system. So, it would be a shared cost. And then, also, if we're going to go down to neighborhoods, where we could build the node, and then also build to some of the premises, then fiber would be paying for some of that cost, as well. ### The trouble is, unless you have a detailed design for FTTP, how do you know that the nodes and the fiber infrastructure are in the right place? 2:21:53: Council Member DuBois: Yeah. Well, so, I think that's going to be really critical, to understand how that works. I don't think the Fiber Fund should be used to fund the electric upgrades. If we're putting in, like, extra fibers for future networks. But I don't think it should be, like, a percentage of the work. It really should be -- This work is happening to do, you know, a meter upgrade, and it should pay for the costs. And, like, while there's a hole in the ground, if we put in extra 1 Brettle, Jessica From:Forrest Warthman <warthman@me.com> Sent:Wednesday, June 26, 2019 2:01 PM To:Council, City Subject:Peter Wegner art CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on  links.  ________________________________    Shame on those members of the city council who voted to buy Peter Wegner's art! Some of us may agree that the art is  of high quality, but the City has much more important things to spend public money on.    Council members should learn from the Palo Alto Medical Foundation how to furnish walls with art works: solicit  donations of art from wealthy donors, rather than purchase art directly.    Forrest Warthman  forrest@warthman.com  (650) 494‐8555  1 Brettle, Jessica From:Ann Protter <ann.protter@gmail.com> Sent:Tuesday, July 2, 2019 5:42 PM To:Council, City Subject:wireless communication CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.    Dear City Council Members,    Thank you Mr DuBois, Ms Kou, and Mr Tanaka for supporting the desires of the residents of Palo Alto in voting to restrict  where telecommunications can place their ugly and noisy devices.    Ms Mayor Filseth, Mr Cormack, Mr Fine, and Ms Kniss ‐‐ I wish you would listen (and vote) to protect the residents from  intrusive telecommunication devices, as many other cities are doing.    I understand a setback of 300 feet from public schools was approved, and the next day the School Board unanimously  voted for a 1,500 foot setback ‐‐ which is what the residents had requested.  I'm glad somebody is doing the right thing.    Hope you decide to hear us at some point.  We live here.  We care about where we live.    Ann Protter  185 N Calif Ave