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HomeMy Public PortalAbout20180716plCC701-32 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: 7/16/2018 Document dates: 6/27/2018 – 7/04/2018 Set 1 Note: Documents for every category may not have been received for packet reproduction in a given week. City of Palo Alto | City Clerk's Office | 7/2/2018 5:14 PM 1 Carnahan, David From:Peter Ko <design@koarch.com> Sent:Wednesday, June 27, 2018 6:11 PM To:Lait, Jonathan Cc:Keene, James; Shikada, Ed; Flaherty, Michelle; Morse, Rosemary; Hoyt, George; Gerhardt, Jodie; 'apetersen@m-group.us'; Council, City; Architectural Review Board Subject:429 University Mixed Use Project Attachments:429 Option 1 diagram.pdf; Option 1 - area calc.pdf; 429 University- planning-6-29-18.pdf; 429 Sqft 6-26-18.xlsx     Good afternoon, Jonathan: Please see our response to your e-mail. Our responses to your requests are below, in blue.   Sincerely, Peter Ko, AIA, LEED AP NCARB Certified  Ko Architects, Inc. 900 High Street, Suite 1 Palo Alto, CA 94301 Phone: 650.853.1908 design@koarch.com   ABOUT THIS E-MAIL: The information transmitted may contain confidential and/or legally privileged material that is only for the person or entity to which it is addressed. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material immediately.          From: "Lait, Jonathan" <Jonathan.Lait@CityofPaloAlto.org> Date: June 25, 2018 at 6:46:38 PM PDT To: Elizabeth Wong <elizabethwong2009@gmail.com> Cc: "Hoyt, George" <George.Hoyt@CityofPaloAlto.org>, "Morse, Rosemary" <Rosemary.Morse@CityofPaloAlto.org>, "Flaherty, Michelle" <Michelle.Flaherty@CityofPaloAlto.org>, "Adam Petersen (apetersen@m-group.us)" <apetersen@m-group.us>, "Gerhardt, Jodie" <Jodie.Gerhardt@CityofPaloAlto.org> Subject: 429 University Elizabeth,  City of Palo Alto | City Clerk's Office | 7/2/2018 5:14 PM 2  Thanks for meeting with me last week. I’ve reviewed the plans approved by Council and the  most recent building permit submittal. I have a couple of questions and requests that I hope  you can address; this will help inform the process question on how best to proceed: 1. Can you clarify the amount of floor area being added to the fourth floor and make a  distinction between a building or fire code requirements and design preference. The total amount of floor area added to the 4th level is 446 sf. See response #2 for the list of floor area alteration items due to building code requirements. 2. Similarly, can your architect provide a schematic of the needed changes on levels  1‐4; this does not need to be in‐depth, I’m just trying to understand where the  changes are being made and why. You mentioned when we met that some of this had  to do with building codes, but sizes of elevators or stairways count toward FAR. Please see attached latest floor plans and calculations dated 6/29/18, which will be delivered to the building department on that date as our third Building Permit submittal. And the excel attached here has a breakdown of total square footage changes on each floor with a brief note of reason. 1st floor lose about 64 sf compare to Option 1; 2nd floor lose about 295 sf; 3rd floor lose about 87 sf; 4th floor add total 446 sf to balance out. We prepared a diagram based on Option 1 floor plans to show the needed changes on each level and also with a brief description for the reasons, see attached. Blue text is Ko Architects’ explanation for the changes. The main changes on each level are: On each floor 8 inches setback from west property line reduce about 280 sf total, due to building code requirements. 1st floor, in Option 1 the garage ramp going down doesn’t have enough headroom clearance, so we have to cut back into retail space, losing about 180 sf. This is a building code requirement. The new exit corridor and slightly enlarged stairs and elevators add back square footage but not enough to balance the 180 sf loss. 2nd floor, building department asked us to separate stair A from the elevator. So we have to enclose Stair A and we took out the elevator lobby which has no function now. So our circulation is more efficient and lost about 90 sf. 2/3 of this counted as commercial FAR, which needs to make up on the 4th level. Also the balconies on Option 1 is only 4 feet deep which is not functional in our opinion. So we enlarged the two balconies on 2nd office to have more open space and also set back more from the streets. City of Palo Alto | City Clerk's Office | 7/2/2018 5:14 PM 3 3rd floor, we took out the original elevator lobby (same building department comments), so we lost about 90sf. 2/3 of this counted as commercial FAR, which needs to make up on the 4th level. 4th floor, we add net 446 sf to the office. 3. I know you have some design interests on the fourth floor to accommodate outdoor  seating arrangements, but would like to ask that you show a fourth floor plan that retains to  the extent feasible the setbacks approved by council. Where more floor area is required to  address a smaller floor plate on the first three levels (to address the seismic expansion at  western P/L), consider placing that area nearest the westernmost property line.  The 4th level set back is consistent with Option 1 at University Ave, Kipling St, and west property line. With that in mind, we put the square footage on the west side corner along the alley. The western wall on the fourth floor needs a setback to allow fire rescue access to residents at the lightwell/balcony at the third floor. Based on this initial review, it appears we are looking at an architectural review application.  The two options are a Minor AR or Major AR. A Minor AR is an administrative decision  whereby only the applicant, property owner or adjacent property owner or tenants may  request a hearing. You are familiar with the Major AR process.   In response to the requirement in the approval letter, we request a minor ARB hearing for a review of landscape, materials, and western wall design. Landscape Report, materials board and western wall design drawing were delivered to Planning three months ago on March 20, 2018. Please schedule this minor ARB hearing which was requested by us numerous times in the past. Please be advised that it is extremely onerous to make changes to the plans as our consultants and professionals as well as the different departments of the City are nearly complete in the building permit process, June 29 being our third response to the permit process comments. Thank you for your consideration. Please send the above information to my attention and I’ll review quickly. I understand from  our meeting your concerns re: timing for a building permit.    Thank you.    Jonathan  City of Palo Alto | City Clerk's Office | 7/2/2018 5:14 PM 4     Jonathan Lait, AICP, Assistant Director Planning and Community Environment Department  250 Hamilton Avenue | Palo Alto, CA 94301   Work: 650.329.2679 Email: jonathan.lait@cityofpaloalto.org 429 University Ave, P.A. option 1 2nd resub difference reason option 1 2nd resub difference reason option 1 2nd resub commercial office inc. access  path 2028 2597 569 shared stair/shaft           (comm 66.6%, res. 33.3%)501 378 ‐123 building  code 189                       TOTAL 4th floor 2529 2975 446 189 residential space inc.   access  path 7215 7079 shared stair/shaft           (comm 66.6%, res. 33.3%)530 443 ‐87 building  code 267 221                       TOTAL 3rd floor 530 443 ‐87 7482 7300 commercial office inc. access  path 9395 9152 ‐243 function shared stair/shaft           (comm 66.6%, res. 33.3%)435 383 ‐52 building  code 219 192                       TOTAL 2nd floor 9830 9535 ‐295 commercial retail inc. access  path 6642 6537 ‐105 building  code shared stair/shaft           (comm 66.6%, res. 33.3%)876 917 41 building  code 439 459                       TOTAL 1st floor 7518 7454 ‐64 TOTAL: 7,518 7,454 ‐64 building  code 12,889 12,953 64 building  code 8140 8,140 COMMERCIAL RETAIL COMMERCIAL OFFICE RESIDE 4TH FLOOR 3RD FLOOR 2ND FLOOR 1ST FLOOR COLOR CODE 429 UNIVERSITY AVENUE, P.A.TOTAL AREA COMM. RETAIL COMM. OFFICE RESID.PED. OVERLAY USEABLE OPEN LANDSC. OPEN GARAGE 4TH FLOOR green COMMERCIAL OFFICE INC. ACCESS PATH 2,028 2,028 mauve SHARED STAIR/SHAFT (COM 66.6%, RES 33.3%)501 501 brown LANDSCAPE OPEN SPACE 6,683 6,683 beige USABLE OPEN SPACE TOTAL 4TH FLOOR 9,212 0 2,529 0 0 6,683 0 3RD FLOOR yellow RESIDENTIAL SPACE INCL. ACCESS PATH 7,215 7,215 mauve SHARED STAIR/SHAFT (COM 66.6%, RES 33.3%)797 530 267 beige USABLE OPEN SPACE 1,951 1,951 TOTAL 3RD FLOOR 9,963 0 530 7,482 0 1,951 0 2ND FLOOR green COMMERCIAL OFFICE 9,395 9,395 beige USABLE OPEN SPACE 563 563 mauve SHARED STAIR/SHAFT (COM 66.6%, RES 33.3%)654 435 219 TOTAL 2ND FLOOR 10,612 0 9,830 219 0 563 0 0 1ST FLOOR yellow RESIDENTIAL SPACE na na dk. blue COMMERCIAL RETAIL 6,642 6,642 mauve SHARED STAIR/SHAFT (COM 66.6%, RES 33.3%)1,315 876 439 lilac PEDESTRIAN OVERLAY 358 358 brown LANDSCAPE OPEN SPACE 53 53 na pink GARAGE RAMP 1,106 1,106 green TOTAL 1ST FLOOR 9,474 7,518 0 439 358 0 53 1,106 BASEMENT LEVEL 1 pink GARAGE AREA 10,575 10,575 TOTAL BASEMENT LEVEL 1 10,575 0 0 0 0 0 0 10,575 BASEMENT LEVEL 2 pink GARAGE AREA 7,891 7,891 TOTAL BASEMENT LEVEL 2 7,891 0 0 0 0 0 0 7,891 TOTAL AREA 57,727 7,518 12,889 8,140 358 2,514 6,736 19,572 SITE AREA = 11,000 SF =57727 SF - 358 SF - 2514 SF - 6736 SF =48,119 SF F.A.R. COMM. RETAIL + COMM. OFFICE 7518+12889=20407 SITE COVERAGE = TOTAL 1ST FLOOR - PED. OVERLAY 20407 : 11,000 = 1.86: 1 - LANDSCAPED OPEN SPACE = 9474 SF - 358 SF -53 SF F.A.R. RESIDENTIAL =9,063 SF 8,140 SF : 11,000 SF = 0.74 : 1 (1:1 MAX.) GROSS FLOOR AREA INCL. ACCESS PATHS TOTAL F.A.R. = COMM. RETAIL + COMM. OFFICE + RESID. 28,547SF : 11,000 SF = 2.58 : 1 :11,000 = 2.58:1 = 7518SF + 12889 SF + 8140 SF (3:1 MAX.)=28,547 LANDSCAPED OPEN SPACE LANDSC.6736 GROSS FLOOR AREA DEFINED PER P.A. 18.04.030 (65): USEABLE OPEN SPACE USEABLE 2514 PEDESTRIAN OVERLAY PED.358 On Kipling : 208 Required 159 sq ft On University Ave : 150 Required 150 sq ft AREA OF BUILDING = TOTAL AREA - PED. OVERLAY - USEABLE OPEN SPACE - LANDSCAPED OPEN SPACE FOR ALL ZONING DISTRICTS OTHER THAN THE R-E, R-1, R-2 AND RMD RESIDENCE DISTRICTS, "GROSS FLOOR AREA" MEANS THE TOTAL AREA OF ALL FLOORS OF A BUILDING MEASURED TO THE OUTSIDE SURFACES OF EXTERIOR WALLS. "GROSS FLOOR AREA" SHALL NOT INCLUDE PARKING FACILITIES ACCESSORY TO A PERMITTED OR CONDITIONAL USE AND LOCATED ON THE SAME SITE. AR E A C A L C U L A T I O N S A2.1 RAMP UP TO FIRST FLOOR 25'-0" RAMP SLOPE NOT TO EXCEED 22%1/2 RAMP SLOPE(NOT TO EXCEED 11%) BREAK OVER ANGLE NOT TO EXCEED 10° 1 2 3 4 5 6 7 8 9 10 11 12 13 17 16 UP UNOCCUPIED ENCLOSED SPACE CLG < 5'-0" 17 PARKING SPACES UP 1415 UNOCCUPIED ENCLOSED SPACE CLG < 5'-0" 25' - 0 " 25'-0" RAMP SLOPE NOT TO EXCEED 22%1/2 RAMP SLOPE(NOT TO EXCEED 11%) BREAK OVER ANGLE NOT TO EXCEED 10° RAM P D N SLO P E N O T TO EXC E E D 2 2 % 14 15 16 17 1 2 3 4 5 7 8 6 9 10 11 12 13 17 PARKING SPACES UNOCCUPIED ENCLOSED SPACE CLNG < 5'0" ACCESSIBLE PARKING UP UP BIKE PARKING LONG TERM FOR 6 BIKES DNUP UP DN UP UP LIVING+DINING LIVING+DINING LIVING+DINING MASTER BEDROOM BED ROOM KITCHEN KITCHEN BED ROOM BED ROOM BED ROOM BED ROOM MASTER BED ROOM BED ROOMBED ROOM KITCHEN LIBRARY UP UP BASEMENT LVL. 2 BASEMENT LVL. 1 SECOND FLOOR PLAN FOURTH FLOOR PLANTHIRD FLOOR PLAN FIRST FLOOR PLAN CHECKED DATE SCALE JOB NUMBER COPYRIGHT 2016 ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED,USED OR ALTEREDWITHOUT THE WRITTEN CONSENT OF THE ARCHITECT PRINTABLE TO SCALE FORMAT 12" x 18" ARB SUBMITTAL 42 9 U N I V E R S I T Y A V E N U E P A L O A L T O , C A 9 4 3 0 1 www.bellomoarchitects.comF6 5 0 .3 2 6.0 4 8 4ax T e l 6 5 0 .3 2 6 .0 3 7 4 102University Ave.P alo Alto,C A 9 4 3 0 1 Suite B L T C E TIHCRA IC E N S ED C-24054 9 2015 T S ATEOFCALI FO RNIARENEWALDATE JO O O M BELL SEP HMICHAEL 10/26/16 AR E A C A L C U L A T I O N S A2.1 City of Palo Alto | City Clerk's Office | 7/5/2018 1:30 PM 1 Carnahan, David From:Ross, Annette P. <Rossa@sullcrom.com> Sent:Tuesday, July 03, 2018 11:29 AM To:Council, City Subject:Biking to Work I live in College Terrace and work out near the golf course.  Today I biked to work and along the way I re‐learned why it is  that roads are hard to share:  Palo Alto cyclists need a primer on the rules of the road.      Today, more than the usual number of bike riders dismounted in the Cal Ave pedestrian tunnel.  I attribute this to the  recent presence of a police officer at the entry/exit near the train station.  I hope this lasts, but I have my doubts.    The overpass at the end of Oregon is another story altogether.  As is normal, I was the only bicyclist (of about a dozen,  today) who dismounted and walked my bike.  Not only do most riders not dismount, many shout out “on your left” so  that they can pass.  Today, one couple zoomed by almost side by side, leaving not much room for anyone else.    I am officially a senior citizen.  I enjoy riding my wonderful bike, but I am not about to embrace that as a regular  alternative to driving if doing so is dangerous.  It’s really quite absurd that riders ignore the obvious signs and  admonitions.  There is nothing ambiguous about the words WALK YOUR BIKE or DISMOUNT ZONE.  Some of the signs are  even embedded in the concrete!  If you are serious about wanting Palo Altans to bike when they can, the ride needs to  be safe.  This means riders need to ride on the correct side of the road, stop at stop signs, cross with the lights, walk  bikes in the tunnel and on the overpass, etc.  When cyclists choose to not honor the rules of the road, they impact other riders, pedestrians, and drivers. .  I know you  cannot change human behavior, but a few tickets here and there might do the trick.    Regards,  Annette Ross        This e-mail is sent by a law firm and contains information that may be privileged and confidential. If you are not the intended recipient, please delete the e-mail and notify us immediately. City of Palo Alto | City Clerk's Office | 7/5/2018 1:30 PM 1 Carnahan, David From:Dianne E. Jenett <djenett@serpentina.com> Sent:Tuesday, July 03, 2018 10:34 AM To:Council, City Subject:Golfing too expensive for seniors at new course Dear City Council Members  As a Palo Alto home owner and golfer I was one of the supporters of the reconfiguration of the course so the kids could  have more soccer fields even though I thought the old course was fine.      I waited patiently for the new course only to discover that it is now too expensive for me to play on a regular  basis!  MANY of the regular golfers are over 65 (and much older) and we are only able to play 9 holes.  This had been  understood and accommodated by the old course.  Regular players could play 9 holes for about $20‐$25 by buying 10  rounds at once or buying a $275 monthly card which allowed unlimited play Mon‐Thurs.   Now the rates, even for a  senior Palo Alto resident are $73 to $58 (Monday‐Thurs) and this is after we pay $50 for a special card.  Weekends are  $95.   There is no 9 hole rate being offered.  If we played twice a week like we used to it would cost close to $600 versus  the $250 we used to pay and we can’t afford it.     For comparison, Shoreline, where we played as non‐residents, only charges non‐resident seniors $46 for 18 holes on  weekdays and $39 for their residents.  They also have a nine hole rate early in the morning for $28. Even with the  upgrades at Baylands, Shoreline is a much longer course with much better facilities.      But we want to play “our” course. The new course is nice, the people are nice and the shorter course is great for  seniors.      We’ve told the people at the course and on review sites but since you (and I) paid for the course I wanted you to know  the problem.  And many other older golfers we’ve spoken with agree.  I’d like to suggest a senior card for Palo Alto  residents which allow us to play 9 holes for about $300 a month or $30 a round.   Thank you for your consideration of this matter.     Dianne Jenett, Ph.D.   330 Cowper Street  Palo Alto, CA 94301  djenett@serpentina.com      City of Palo Alto | City Clerk's Office | 7/2/2018 5:10 PM 1 Carnahan, David From:Dan Xu <danxuseven@gmail.com> Sent:Sunday, July 01, 2018 9:34 PM To:Council, City Subject:Join the petitions that support the train trench/tunnel options Count me in in the petitions that support train trench or underground tunnel options at the Charleston-Meadow crossings. City of Palo Alto | City Clerk's Office | 7/2/2018 5:09 PM 1 Carnahan, David From:Mary Ann Michel <maryannm7@gmail.com> Sent:Thursday, June 28, 2018 2:10 PM To:Council, City Subject:Message from the City Council Home Page Honorable Council members,    I have posted this request in several places on the PA Web site (very difficult to maneuver ). I highly recommend this app  Transit  if any of you ever venture out of your car.  You can down load the app on you phone ... don't know how long it  will take to get the Shuttle schedule on the app but as is it is a good app.    Please use the "Transit" app to show the Shuttle schedule This app shows every other transit possibility in our area  Magurite, vta ,caltrain, etc.  It also works across the country when I was in NC recently and opened the app there was  the local city transit schedule. Please contact me asap if you receive this message and tell me if you have forwarded it to  some one whocan act onthis request asap    Thank you for your service.    Mary Ann Michel  650324 7384  850 Webster St. Apt 503  Palo Alto, CA 94301            City of Palo Alto | City Clerk's Office | 7/2/2018 5:04 PM 1 Carnahan, David From:Jeff Hoel <jeff_hoel@yahoo.com> Sent:Wednesday, June 27, 2018 2:41 PM To:Council, City Cc:Hoel, Jeff (external); Architectural Review Board; UAC Subject:PART 1 -- TRANSCRIPT & COMMENTS -- 05-21-18 Council meeting --Item 6 -- 11 Verizon small-cell nodes Council members, Here's a transcript of item 6 of your 05-21-18 meeting, which was a quasi-judicial hearing to consider 7 appeals of a decision to approve 11 Verizon small-cell nodes. I have added my comments (paragraphs beginning with "###"). Due to technical limitations, the transcript is divided into four email messages. Thanks. Jeff ------------------- Jeff Hoel 731 Colorado Avenue Palo Alto, CA 94303 ------------------- ############################################################################# 05-21-18 agenda: https://www.cityofpaloalto.org/civicax/filebank/documents/65028 05-21-18 staff report (492 pages): https://www.cityofpaloalto.org/civicax/filebank/documents/65023 05-21-18 video: http://midpenmedia.org/city-council-152-2-3-2-2-5-2-2-2/ ========================================================================= PARTS OF ORAL COMMUNICATIONS THAT SEEMED RELATED TO ITEM 6: -------------------------------------------------------------------------------------------------------------------------------- 18:54: Mayor Kniss: Thank you. And our next -- oops -- is Paul McGavin. 19:16: Mayor Kniss: Are you Paul McGavin? OK. Just checking. 19:25: Paul McGavin: Good evening, council members. I have 3 minutes to talk about 20 minutes. And so, what we're talking about is due process. 19:30: City of Palo Alto | City Clerk's Office | 7/2/2018 5:04 PM 2 Mayor Kniss: I -- Are you sure you're not on number 6? 19:33: Paul McGavin: No, I'm definitely not on number 6. I'm talking about due process. That's the subject. 19:37: Mayor Kniss: OK. You have two minutes. 19:40: Paul McGavin: I'll do it in two. Thank you. Starting now, I hope. OK. So, the Palo Alto City Council Procedures are very, very specific about how you handle comment for appeals. And they lay it out very clearly. I'm not going to read it all to you, but the key words are one appellant versus more than one appellant. And you either get 10 minutes, or you get 20 minutes. What we have tonight are seven separate appeals. And we have the evidence in the public record that establishes them as seven separate appeals. That's seven separate $280 payments made to the City of Palo Alto. Collected by the City of Palo Alto. That sets its establishment as a separate appeal. Not part of a single agendized item. A separate appeal. Your own agenda also states exactly what it is. It says -- quote -- "The City received seven separate appeals for the 11 wireless permits approved by the Director. To facilitate consideration of these appeals, they are all being considered in one consolidated public hearing." ### McGavin is quoting from the staff report (page 2) (not the agenda). https://www.cityofpaloalto.org/civicax/filebank/documents/65023 Why consolidated? Each person paid $280 to purchase speaking time. Why are you taking the money and not giving the time? So, no rationale was given for this error. This is just some kind of way to take away speaking time from people. These people are fighting for their lives here. And they're getting cuttin' down to 5 minutes, which we don't think is appropriate. We suggested that every single appeal be a separate agendized item, so they could qualify for the full speaking time they deserve. We were shut down by everybody in the process. We engaged with everybody -- the City Clerk, the planning department, and you, Mayor Kniss. We had some emails going back and forth. Didn't get much -- great information from you. But we were saying that, at one point, you gave us an email. And you said that a certain appeal was going to get 10 minutes of presentation time, and 6 minutes for rebuttal. You wrote, specifically, ... 21:41: [timer buzzes.] 21:41: Paul McGavin: ... right here, you have 10 minutes -- 5 minutes each. But the issue is that ... 21:47: Mayor Kniss: Thank you ... 21:47: Paul McGavin: ... we're not getting that tonight. So we don't quite understand why. 21:49: Mayor Kniss: Thank you for speaking. -------------------------------------------------------------------------------------------------------------------------------- 24:40: City of Palo Alto | City Clerk's Office | 7/2/2018 5:04 PM 3 Mayor Kniss: So, we have our -- Reinette -- is it Senum? Close? And then, if you come and get somewhat closer to the mike, if it's possible, Harry Lehmann? and Mark Weiss, that would be helpful, because we'll try and go through this quickly. 24:56: Reinette Senum: Hello. My name is Reinette Senum. And I'm here, actually, to talk about radio frequency harm that is being done. I don't know if you're familiar with the National Institute of Health. They recently spent $25 million, and spent 30 months ... 25:11: Mayor Kniss: Are you actually addressing number 6? 25:13: Reinette Senum: No. I'm actually addressing radio frequency in general. Just in general. The $25 million, 30-month high school lab personnel studied the question of radio frequency impacts. The preliminary report -- late in May of 2016 -- said that there was scientific basis supporting the conclusion that cellular radiation exposure leads to the formation of glioma, which leads to the brain cancer that kills people we love. Now there have been two years of peer review. And on the last -- March 28th -- the conclusion of the National Toxicology Program stated that there was clear evidence of a casual ### She probably meant "causal." relationship between cellular microwave signal and increased likelihood of formation of brain cancers. Interestingly enough, this deadly form of brain tumor, the glioma blastoma ### She probably meant "glioblastoma." previously was reserved for those 64 years and older, and today, it is now striking 20-29 year olds, because they are holding a cell phone to their head for approximately 10 years. We're also seeing a very fast rise in prostate cancer in 14- 19 year olds. Again, they have a cell phone in their pant pocket. Also, colon cancer and rectal cancer. This is serious. And it must be considered by all those making decisions at the government body level. So, I would just like to inform you of these newest developments. Because you're the deciders. And there's a lot that's at stake here. Thank you so very much. I appreciate it. 26:33: Mayor Kniss: Thank you. Harry Lehmann. 26:39: Harry Lehmann: Good evening. My name is Harry Lehmann. I'm here representing my friend and -- in this instance, technically -- client, Russell Targ, and Patty Targ. But I'll talk about their appeal later. I just want to register with you, as a general statement, that I submitted the best I could do to bring you up to date on a bunch of very recent developments in the sciences, and an email to your -- I think -- ... 27:02: Mayor Kniss: Mr. Lehmann, I've let a couple go by. You really are addressing number 6. So, I'm going to ask you to put your card back in again. And thank you. 27:11: Harry Lehmann: All right. ========================================================================= ITEM 6: City of Palo Alto | City Clerk's Office | 7/2/2018 5:04 PM 4 45:56: Mayor Kniss: We're going on to what is now agenda item number 6. So, for anyone who missed what we said earlier, there is -- there was -- not an error but a renumbering of what is on for tonight. And so, under number 6, this will be to talk about the Verizon wireless communication antennas and equipments -- and equipment on utility poles. So, that is where we are going next. If you wish to speak to this item, would you fill out a card and give it to the City Clerk, who's sitting here to my left. OK. So, starting us off tonight is going to be our interim city planner -- Interim Director of City Planning, Johathan Lait. 46:51: Jonathan Lait: Thank you, Mayor. Good evening, City Council. We're -- I'm here tonight -- and supported by a variety of staff -- to present the -- an application related to a wireless communication facility. This is an appeal of a Director's decision. (Let me see if I can get this to work here. OK.) So, just as an overview, we have 11 small-cell nodes that are proposed in various neighborhoods throughout the City. The Director approved these -- this application on March 26th. And the City received seven discrete appeals on April -- or, through the appeal period of April 9th. For those who have not had a chance to go by the mock site that has been put up across from the Palo Alto Arts Center, this is a picture showing the proposed antenna with its tapered shroud, cabling, and radio equipment, which is also covered with a mechanical shroud. 48:09: You have drawings that show a little bit more detail of the proposed projects. This is an illustration of a typical wood utility pole. Applicant proposes to put in, in 9 of the cases, a 7-foot bayonet on top of the wood utility pole. And, on top of that, a 5-foot antenna. Both the antenna and the bayonet extension would be covered in a shroud, matched -- colored to match the utility pole. Cabling would drop down from the antenna into the radio equipment, which is located towards the bottom of the pole, and enclosed in a mechanical shroud. Here are some examples that were presented to the -- reviewed by the Director, and presented to the Architectural Review Board. On the left is an existing utility pole without any antennas. And then it progresses, with the three in the center, with the bayonet extension and antenna. And the example on the right is a replacement pole. And two of the nodes are proposing replacement poles. Those don't have the bayonet but an extension -- a larger wood utility pole. The image in the middle is the design that was preferred by the Architectural Review Board, and supported by the Director in its -- in that determination. These are some examples of the mechanical screening that was proposed. The example on the far left is the one that was recommended by the Architectural Review Board, and supported by the Director. Here's an overview of the 11 nodes, where they're located generally in the Palo Alto neighborhoods. 50:04: And so, the Council may recall that in 2015, we made a comprehensive amendment to our zoning regulations, and we established a series of tiers to process certain applications. This set of applications is called a tier 3 wireless communications facility. And it is subject to a number of requirements that are set forth in the municipal code. There are some standard -- development standards. There are standard conditions of approval that must be met. The project is subject to the six Architectural Review Board findings. It's subject to two conditional use permit findings. And, because it's a discretionary -- Well, not just because it's a discretionary. But in addition to being a discretionary application, the project is subject to the City's CEQA noise thresholds. And we'll talk about some of that in a little bit. The code provides that the Director's decision can be appealed to the City Council. 51:06: And, at this point, I'm going to turn the presentation over to Albert Yang, who's going to talk a little bit about the federal preemption that exists with these antennas. 51:17: Albert Yang: Thank you, Mayor and Council Members. Albert Yang, Deputy City Attorney. So, there are a number of federal and state laws that come into play for a wireless communications facilities. The first is the Telecommunications Act of 1996. This federal law generally preserves the local land use authority of cities. But it does provide a number of important limitations. First, cities cannot effectively prohibit the provision of wireless service. And this means they cannot prohibit a provider from closing a significant gap in its service, when the provider proposes to use the least intrusive means available. And, in that case, the concept of least intrusive means must be an alternative that is both available and City of Palo Alto | City Clerk's Office | 7/2/2018 5:04 PM 5 feasible. In addition, cities cannot unreasonably discriminate between providers of functionally equivalent services. This does -- doesn't mean that they can't distinguish between applications at all. But they cannot discriminate when facilities are similarly situated, in terms of structure or placement or cumulative impact. Finally, under the Telecommunications Act, cities cannot base their decisions on the effects of RF emissions, to the extent that the facilities comply with FCC regulations. And we have the City's consultant, Dr. Jonathan Kramer here today. And he's going to speak a little bit more to RF emissions later on. Wireless applications are also subject to a unique processing timeline that's referred to as the "shot clock." For tier 3 applications, like these, the City must act within 150 days of the application submittal, unless the City and applicant agree to extensions. In this case, the City and applicant have agreed to a number of extensions. And at this point, the shot clock will expire on May 24th. There is a misprint in the printed staff report, I believe, on that date. Finally, there are two state laws that I'd like to note. The first is Public Utilities Code section 7901 and 7901.1. These deal with telephone companies in the right of way. And they provide a statewide franchise for those companies, which means, basically, they provide a right for those companies to occupy the right of way, subject to city regulations, to ensure that those uses don't inconvenience the public. And that is the source of cities' authority to regulate issues such as aesthetics and noise in the right of way. Finally, there's AB 57, which allows a provider -- and applicant -- to assert that an application should be deemed granted if there is no decision within that shot clock period. This, basically, ... 54:37: Mayor Kniss: Could I do just a point of clarification? 54:40: Albert Yang: Yes. 54:40: Mayor Kniss: Is this available to people who are in the audience? And, if so, how can they access it? 54:45: Albert Yang: The presentation? 54:48: Mayor Kniss: Pardon? 54:48: Albert Yang: The staff presentation? 54:50: City Manager Keene: Can the City Clerk help out? 54:53: Mayor Kniss: Do you have copies of this somewhere? 54:55: **: Not that. 54:55: Mayor Kniss: OK. City of Palo Alto | City Clerk's Office | 7/2/2018 5:04 PM 6 54:55: City Manager Keene: No. The staff report that he is covering -- there are copies in the back, available to the public, ... 55:01: Mayor Kniss: OK. 55:02: City Manager Keene: That's ... 55:03: Mayor Kniss: Good. I just want to -- Because somebody will ask. So, thank you. 55:07: Albert Yang: Sure. Ah -- yeah. Finally, AB 57, essentially, shifts the burden from the provider to cities to seek relief from the shot clock limitation. So, the city would be forced to go to court to argue for additional time. 55:28: Jonathan Lait: Great. Thank you, Albert. And so, just to continue on, briefly, with my presentation. I wanted to let the Council -- and the public, I think, probably knows this -- this project has gone to the Architectural Review Board several times, once as a preliminary review, and then twice as formal hearings. The Board was pretty consistent in its interest in wanting to see the equipment underground. That was a recommendation that was provided by the Board at its March 15th meeting -- excuse me, at its December 7th meeting. And during that time, staff was working with the applicant to understand the constraints associated with vaulting the mechanical equipment in a little more detail. And based on our understanding of the constraints at the time, it was the staff recommendation to the Board that the equipments be appro- - - the radio equipment be approved on the pole, as was done so at that meeting, and supported by the Director. And now, it's noted that tonight's hearing, of course, is an appeal of that Director's decision. 56:34: There are a number of public comments that we've received throughout this process. And a lot of those comments are reflected in many of the appeal statements that are provided for you here. This slide does not capture all of the appeal statements that you have before you. But they generally relate to health and safety concerns, the aesthetics, noise, and vaulting of the radio equipment. Regarding vaulting, the applicant has expressed objections to vaulting these 11 nodes, that were -- I think it was 4 other nodes that were -- are being considered for possible vaulting elsewhere in the City. But those have been removed from this cluster of application nodes. And so, we're not talking about those tonight. But for these remaining 11 nodes, the applicant has expressed concerns about locating the vaulting equipment underground. And that relates to locations in the flood zone, concerns about shallow groundwater. They've noted some constraints in their ability to place the vaults underground, based on existing utilities, the limited right of way. There's been concern expressed about the need for venting the vaults. And their lack of compliance with the City's CEQA threshold. And also, employee safety, with respect to being able to access and service the equipment, when that is required. From the City's perspective, we do not have any restrictions on vaulting in the flood zone, or where there's shallow groundwater. We do have an interest in preserving the street roadway, for the City's infrastructure. And so, this limits the applicant's ability to place the vaulting equipment in the parkway and sidewalk areas. And then, also, within a 30-foot radius of the pole itself. And this is related to matters that the applicant could probably speak to more fully. And it has to do with the size of the cabling that would be required to be attached to the pole, the greater distance that you extend away from it. The other matters, or other issues that were identified -- and this is expressed in an at-places memo that was provided the City Council this evening -- about concerns about proximity to other utilities. Again, this is, in part, a business decision from the applicant. And not so much a constraint from the City. But it is something that is being identified as something for the Council's consideration when you're evaluating these different nodes. City of Palo Alto | City Clerk's Office | 7/2/2018 5:04 PM 7 This slide shows an illustration of an installed vault. In Santa Cruz, I believe. At least the slide on the upper left. Yup, Santa Cruz. And then Rancho Palos Verdes on the right. And then, on the bottom, what one of the in-ground vaults looks like. Other -- Some other issues that were identified, related to noise and safety. The pole-mounted equipment has no backup batteries, and, therefore, no fans. And so, no noise is generated for the pole-mounted equipment. It's when you put the equipment underground that we require the ventilation fans and the sump pumps, to -- that generate noise. And we have a CEQA threshold that if you generate 3- or 5-decibel increase over the ambient noise in the residential neighborhood, that could trigger an impact, under CEQA, for our local -- based on our local thresholds. However, we've talked about this with the applicant, and to date we haven't received any information to substantiate those concerns about their ability to meet that noise threshold. And I'll just note that an inability to meet the noise threshold, in and of itself, does not bar an application from moving forward. There is a process whereby we can conduct additional environmental analysis that could be reviewed by the City Council. And if that were necessary, there is a process that exists to evaluate that request. As far as the safety related to the pole mounting, we have our professional experts, who have looked at the structural integrity of the poles, at this stage. And we'll do another thorough review at building permit / plan check. 1:01:04: And then, finally, on safety, you've heard a lot about RF emissions. And it's at this point that I would like to invite Dr. Jonathan Kramer to come and make a presentation. I think he has three or four slides to present to the Council, to further elaborate on this issue of RF emissions. So, City Clerk, I think Mr. Carnahan was going to switch over to the other presentation. 1:01:51: Jonathan Kramer: Good evening, Mayor and Council Members. I'm Dr. Jonathan Kramer. My firm, Telecommunications Law Firm, ... ### A.k.a. Telecom Law Firm. http://telecomlawfirm.com/ 1:02:00: Jonathan Kramer: Hmm. Well, we'll get the slides up. I'll do a little bit of an introduction. My firm, Telecom Law Firm, has been retained by the City to help evaluate a number of the technical issues -- as well as compliance with federal laws regarding radio-frequency emissions. So, I want to take about five minutes only to talk about that, and to frame that, so that you understand both the legal and the technical environment that you're operating within. And both the authority and the limitations you have. So, in terms of sources of authority, Congress has told us, through the Telecommunications Act, that if a wireless site is proposed, and if it demonstrates planned compliance with the FCC rules, then we can't use that as a basis, at local government level, to deny the site. Congress, at the same time, delegated national authority -- and SOLE national authority -- to the FCC, to create the standards that apply across the country. Before that, there was a patchwork of standards, and local governments did their own things. And Congress wanted to standardize it across the country. So that's why they delegated that task to the FCC. This is 1996 timeframe. In 1997, the FCC released its rules. And the rules basically said the same thing that Congress said. Which is, if a local government sees a demonstration of planned compliance from a -- from a carrier, that its site is going to comply with the FCC rules that had just been created, then we would no longer have that as a basis to consider a denial of a wireless site. As part of our work for the City, we evaluated every one of the projects for compliance with the federal rules. And each of the projects does comply. Now, that's the federal level. At the state level, the government code -- the California government code section -- says essentially the same thing, which is that cities and counties, to the extent that a project complies with the FCC rules, can't then deny a project based on RF emissions. 1:04:19: The reality is that that's really not a very satisfying answer to the public, who have thoughtful concerns about this subject. So the next portion of my presentation is going to be to explain to you some of the inner workings of the FCC rules. And I promise -- I promise -- it's not going to be a technical discussion. But I think you'll get kind of how I'm City of Palo Alto | City Clerk's Office | 7/2/2018 5:04 PM 8 presenting this to you. To use -- To understand the FCC rules and what they're geared to do, I'm going to use a tool, which is a common twelve-inch ruler. ### The presentation was excessively dumbed down. So, assume that at the top of the ruler, that's the point where you can actually see enough signal to measure a physiological change because of RF. So we're going to arbitrarily assign that to twelve inches. And, in terms of what that physiological change is, it's heat. This is what's called non-ionizing emissions. It doesn't -- It's not like X-rays or something like that. It's simply like radio waves. So, it doesn't alter DNA. So, the FCC said, OK, we know from going out to various federal agencies, interest groups, the wireless industry itself, at what point you can actually measure a physiological change. So, they had to set a safety standard. And, on this ruler, I'm going to demonstrate basically the relationship between the safety standard the FCC created and that point where you can actually measure a physiological change -- a rise in temperature caused by RF. It turns out that the FCC set that limit at 0.26 inches on our 12-inch scale. And that actually relates to a 50-times safety margin. 1:06:10: So, there -- The FCC rules -- The FCC had to set a safety standard somewhere. And they set it at two percent of the limit where a measureable effect can occur. ### I'm having trouble tracking down the history. But this source http://www.arrl.org/the-fcc-s-new-rf-exposure-regulations seems to say that the FCC's limit is based on IEEE C.95.1 (1991), which ASSUMED that any effect would be caused by heat generated by the radiation. They found that test animals had "temporary difficulty performing complex tasks" at a specific absorption rate (SAR) of 4 W/kg (which, apparently, corresponds to 50 mW/cm2 for RF radiation above 1.5 GHz). ### The "50-times safety margin" is the product of two factors. The exposure limit for "controlled/occupational" environments is one tenth the level that caused "behavior disruption" in test animals (which corresponds to 5 mW/cm2 for RF radiation above 1.5 GHz). The exposure limit for "uncontrolled/general public" environments is one fifth the controlled/occupational limit (which corresponds to 1 mW/cm2 for RF radiation above 1.5 GHz). ### Since then, various research studies have detected "measurable effects" at intensities as low as 0.02 mW/cm2. http://ec.europa.eu/health/scientific_committees/emerging/docs/emf_6.pdf So I suppose the discussion should be about whether the "measurable effects" are harmful. I'm going to talk about the adequacy of those standards in just a couple of slides. But it's an important consideration for the public. But just understand that the FCC rules have a build-in safety margin of 50 times. The maximum a wireless carrier is allowed to emit to the public, where they don't even know they're being exposed to RF, and the point where they can actually measure a change. So, it's fairly typical for most small cells to operate at a fraction of one percent. In fact, small cells are, by their technical design, intended to have very constrained coverage, measured in hundreds of feet, not miles. And the reason is that, from a technology standpoint, the wireless industry has a finite number of frequencies they can use. So what they do is, they reuse the frequencies. They constrain the coverage. And that gives them more capacity in their networks. And that's why you're seeing projects like the AT&T project which came before this, now Verizon's project, going into the neighborhoods, to bring their signals closer to the end users. And basically reuse the frequency bands that they're assigned by the FCC. So, really, what about the adequacy of the standards? Well, there are two answers to this. And, most importantly, I have to tell you, both as an RF engineer and as an attorney, that this is an area of federal preemption. Since the project has demonstrated a compliance with the FCC rules, you can't base a denial on concerns about radiofrequency emissions. And, in fact, you can't even change them. You can't adopt the FCC rules as your own. You can't create your own rules. So the problem is that, while we are here at the local level, considering the approval of projects, the real decision makers, on this issue -- of what is adequate -- sit in Washington, DC. And they're -- Frankly, they're protected from these decisions, because you're the ones who have to make the hard decisions. But the final thing that I'll say about this is that there are a number of countries that have different RF safety standards. And some of those RF safety standards are stricter than the FCC's. The result of that actually is -- counterintuitively -- it makes for more cell sites. To cover the same area with lower power, you have to have more cell sites. So this why the FCC has gone through a process -- They started a process in 2006 to reevaluate whether their standards were adequate. And they recently completed the process. And basically said, as to these types of cell sites - City of Palo Alto | City Clerk's Office | 7/2/2018 5:04 PM 9 - the base stations -- that they had no science that demonstrated the standards should be changed. As to the handsets -- the things that we carry around -- they have some changes coming up. But that's really not the subject of this discussion. And that's what I wanted to share with you. The final slide on this is, the FCC has a published guide to local governments on this subject. Talks about a lot of the things I've talked about. I co-edited and authored that, working through the Local and State Government Advisory Committee at the FCC. ### This seems to be the document: "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance." http://wireless.fcc.gov/siting/FCC_LSGAC_RF_Guide.pdf It's pretty old (June 2, 2000). And this is still the standard document that local governments use to evaluate wireless emissions. With that, I'm available for questions, now or later. And I'm going to turn it back over to Mr. Lee, I think. ### Mr. Lait. 1:09:50: Jonathan Lait: Thanks. 1:09:54: Mayor Kniss: Thank you for being here. And there may be questions later. 1:09:57: Jonathan Kramer: (unamplified) Absolutely. 1:10:08: Jonathan Lait: So, thank you, Mayor. Just a couple more slides, actually. You know that you've received the seven appeals. And, procedurally, your rules of order set forth a process by which to determine speaking times when you have multiple appeal -- appellants. And what we have for you -- let me just skip forward to this slide -- So, the way that we've discussed us proceeding is that after the staff presentation, I understand, perhaps there may be an opportunity for Council to ask questions of staff. But when you open it up to the public comments, that we would first hear from the appellant groups. And each appellant group would have the -- five minutes to speak, followed by the applicant, speaking for ten minutes. Then public comments. And then returning for rebuttals. First hearing from the appellant group. And then the applicant for ten minutes. And, the staff recommendation. We've given you two to choose from. One is to endorse the Director's determination for pole-mounting. Or, after your review of the administrative record and public testimony, if you find that one or more nodes require -- or, should be placed with radio equipment below ground, that we would suggest that you make that recommendation as well. And, before I go, I just wanted to just spend a second thanking -- There's a lot of staff that's been involved in these applications. And I want to thank Rebecca Atkinson, who's next to me, who's been the project planner for not only this project but the series of applications that the City is reviewing. Our Public Works engineering division, Utilities -- water, gas, and wastewater utilities, electrical, urban forestry, real estate, and, of course, to the City Attorney's office. And -- It takes a lot of people involved to move this application forward. So, I appreciate all their efforts. Thank you. 1:12:06: Mayor Kniss: Thank you very much. So, I am going to suggest the following. First of all, it is time for us to do disclosures on whomever we have talked to who's involved with the item tonight. Then, secondly, we are going to spend a half an hour. I'm going to ask the Vice Mayor to set the timer at three minutes, so that each of us -- each of us sitting up here on the dais -- can have three minutes to speak, or ask questions, or whatever you want to do, before we go, first, to the appellant. And it's just as Jonathan put out. Five minutes to speak. And each of the appellant groups has the five City of Palo Alto | City Clerk's Office | 7/2/2018 5:04 PM 10 minutes. Then the applicant team will have ten minutes. And, again, one representative may speak, or you may share your time among those speakers. We'll then have public comment. And, after public comment, there will be three minutes for rebuttal for the appellants. And then the applicant team will have ten minutes for theirs. So, I have some more to read to you in a few minutes, but I think we should start now with disclosures. I can start from either end. Tom, are you ready to do your disclosures? 1:13:17: Council Member DuBois: Yeah. I spoke to resident Jeanne Fleming some time ago. And I also had a phone call with three Verizon reps, who kind of went over -- went over it from their perspective. 1:13:34: Mayor Kniss: Thank you. Council Member Holman. 1:13;40: Council Member Holman: The conversation has been so long ago, I don't even remember who or -- who or how long ago. So -- 1:13:48: Council Member Fine: I've spoken on the phone or by email with numerous residents in Palo Alto, and also met last week with the Verizon team at their demonstration site on Newell Road. 1:14:03: Mayor Kniss: Go ahead. 1:14:04: Council Member Wolbach: I met with a resident who's an appellant from appeal 18-AP-8. And I don't think I learned anything that' s not in the pubic record. 1:14:13: Mayor Kniss: So, I'll just go down the line. I have met with some people from Verizon. I also have visited the site, with their engineer. And I have heard from numerous people in the community. Emails and so forth. And phone calls. So, I can list all those people at some point. But I have probably heard from 20-30 people by email and by phone. Vice Mayor. 1:14:41: Vice Mayor Filseth: I've had email and phone discussions with a number of the opponents of the project, and a few of the proponents. That are residents. And on the recommendation of some of those, I visited a noisy AT&T unit in Old Palo Alto, which did have the battery backup and the fan. I also met with the City's engineering consultant and Verizon to view the mock-up site, of what a proposed installation would look like. And I received no non-public information at any of these. 1:15:14: Council Member Scharff: So, I visited the mock-up site, which I thought was really interesting. I've had stuff dropped off at my house. I've gotten numerous emails. I think I got some voicemails. But nothing other than visiting the mock-up site, frankly, has, you know, made any impression on me, other than what's in the public record. 1:14:39: Mayor Kniss: (unamplified) Council Member Kou. 1:14:42: City of Palo Alto | City Clerk's Office | 7/2/2018 5:10 PM 1 Carnahan, David From:Aram James <abjpd1@gmail.com> Sent:Sunday, July 01, 2018 10:45 PM To:paloaltofreepress@gmail.com; wilpf.peninsula.paloalto@gmail.com; chuckjagoda1 @gmail.com; Council, City; Keene, James; mdiaz@redwoodcity.org; citycouncil@menlopark.org; council@redwoodcity.org; jrosen@da.sccgov.org; molly.o'neal@pdo.sccgov.org; gkirby@redwoodcity.org; dcbertini@menlopark.org; HRC; stevendlee@alumni.duke.edu; Kilpatrick, Brad; Perron, Zachary; Binder, Andrew; Jonsen, Robert; roberta.ahlquist@sjsu.edu; cindy.chavez@bos.sccgov.org; Kniss, Liz (internal); stephanie@dslextreme.com; essenceoftruth@gmail.com; griffinam@sbcglobal.net; apierce@pierceshearer.com; Cullen, Charles; Constantino, Mary; Van Der Zwaag, Minka; Doug Fort; michael.gennaco@oirgroup.com Subject:Protesters surround home of police officer charged in killing of unarmed teen Special bail for officers???? https://www.yahoo.com/gma/protesters-surround-home-police-officer-charged-killing-unarmed-162603687--abc- news-topstories.html Sent from Yahoo Mail on Android City of Palo Alto | City Clerk's Office | 7/5/2018 1:29 PM 1 Carnahan, David From:redress.of.grievance@gmail.com Sent:Tuesday, July 03, 2018 6:22 AM To:Aram James Cc:price@padailypost.com; sdremann@paweekly.com; Scharff, Greg; allison@padailypost.com; bjohnson@paweekly.com; jaythor@well.com; gsheyner@paweekly.com; acisneros@CApublicrecordslaw.com; Council, City; Kniss, Liz (external); Jonsen, Robert; Perron, Zachary; Cullen, Charles; swagstaffe@smcgov.org; swebby@da.sccgov.org; Keith, Claudia Subject:Re: Antwon Rose should still be here. Do you know of just one journalist or editor that has ever come before city council? Journalists should be vigilant, but are not...Their primary concern is ad content and revenue. Their not interested in past events and how these events impact out future. They have developed don’t bite the hand that feeds you attitude. (The Palo Alto Weekly‘s past lucrative advertising contact of 450k with the city) Forgot about that one huh... Reporters have stopped asking the tough questions along time ago...Controversy’s are no longer exposed, investigated, and the public assured they won’t happen again....Readers have been kept in the dark... Palo Alto news stories are just a high pitch shrill to the ear and nothing more..... Armchair warriors complacent spineless and derelict journalist is what they have become..... Mark Petersen-Perez Editor: Palo Alto Free Press Ticuantepe, Nicaragua 🇳🇮 Sent from my iPhone On Jul 2, 2018, at 9:08 PM, Aram James <abjpd1@gmail.com> wrote: Mark, As always, you have an amazing recollection re the history of the PAPD...and you are fearless in reminding anyone who will listen...about their historical misdeeds. Without a journalist-historian like yourself, we -the community- are bound to repeat the past. Without a knowledgeable and active community... and vigilant watchdog system...our police will, with little doubt... repeat the past. Thanks for opening up this critical conversation, yet again. Aram If PA free press has asked that fired police officers not be hired by other agencies, how is it possible that this simple, common sense procedure has not been followed? Irresponsible! Stephanie Munoz City of Palo Alto | City Clerk's Office | 7/5/2018 1:29 PM 2 From: "paloaltofreepress" <paloaltofreepress@gmail.com> To: "Aram James" <abjpd1@gmail.com> Cc: "WILPF Peninsula Palo Alto" <wilpf.peninsula.paloalto@gmail.com>, "acisneros" <acisneros@capublicrecordslaw.com>, "Robert Jonsen" <Robert.Jonsen@cityofpaloalto.org>, "mdiaz" <mdiaz@redwoodcity.org>, "Council, City" <city.council@cityofpaloalto.org>, "james keene" <james.keene@cityofpaloalto.org>, "citycouncil" <citycouncil@menlopark.org>, "jrosen" <jrosen@da.sccgov.org>, "council" <council@redwoodcity.org>, "gkirby" <gkirby@redwoodcity.org>, "dcbertini" <dcbertini@menlopark.org>, "molly o'neal" <molly.o'neal@pdo.sccgov.org>, "molly stump" <molly.stump@cityofpaloalto.org>, "hrc" <hrc@cityofpaloalto.org>, "liz kniss" <liz.kniss@cityofpaloalto.org>, "swagstaffe" <swagstaffe@smcgov.org>, "myraw" <myraw@smcba.org>, "stevendlee" <stevendlee@alumni.duke.edu>, "stephanie" <stephanie@dslextreme.com>, "zachary perron" <zachary.perron@cityofpaloalto.org>, "brad kilpatrick" <brad.kilpatrick@cityofpaloalto.org>, "michael gennaco" <michael.gennaco@oirgroup.com>, "Timothy Gray" <timothygray@sbcglobal.net>, "roberta ahlquist" <roberta.ahlquist@sjsu.edu>, "minka vanderzwaag" <minka.vanderzwaag@cityofpaloalto.org>, "michael kan" <michael.kan@cityofpaloalto.org>, "craig lee" <craig.lee@cityofpaloalto.org>, apierce@pierceshearer.com, "Andrew Binder" <Andrew.Binder@CityofPaloAlto.org> Sent: Tuesday, June 26, 2018 7:14:18 PM Subject: Re: Antwon Rose should still be here. Editorial: Do more to stop bad cops from being hired elsewhere https://www.freep.com/story/opinion/editorials/2017/07/09/officers- discipline/458979001/ Officer Michael Rosfeld as reported in this story was fired from his previous employment This is a growing national problem in which nearly everyone ignores. Ive been writing about this for years and not a single person other than you Aram has ever responded...Our criminal justice system requires a complete overhaul.. Case in point, the drunken PAPD officer arrested give special treatment and allowed to be unhand-cuffed to sit in a police cruiser and taken to jail by Zack Perron. He’s still employed (Officer Eric Anthony Bulatao) https://www.paloaltoonline.com/news/2010/10/01/palo- alto-cop-identified-in-2009-dui-arrest and protected by the city of Palo Alto... My god statistically, alcoholic’s drive drunk behind the wheel 10 times before being caught... City of Palo Alto | City Clerk's Office | 7/5/2018 1:29 PM 3 And as you know, police personnel files are exempt from review by the new hiring agency. A practice which needs to stop immediately. (Police officers special bill of rights) Reading this and other tragic accounts as the one you've routed provides me with a greater resolve to expose the fallacy that officers are sworn to protect.. Mark Petersen-Perez Sent from my iPad On Jun 26, 2018, at 2:43 PM, Aram James <abjpd1@gmail.com> wrote: City of Palo Alto | City Clerk's Office | 7/5/2018 1:29 PM 4 Dear Aram, The East Pittsburgh officer responsible for fatally shooting Antwon Rose has been identified as Michael Rosfeld. He was also fired from his last place of employment as an officer at the University of Pittsburgh for repeatedly being violent and falsifying reports. Officer Rosfeld was sworn into the Allegheny Police Department hours before gunning down Antown in broad daylight. Antwon was an unarmed 17-year-old boy that fled from police officers after a traffic stop. Antwon posed no threat to the officers involved. 17-year old Antwon Rose was gunned down by East Pittsburgh Police Tell District Attorney Stephen Zappala: Charge Officer Rosfeld with murder! City of Palo Alto | City Clerk's Office | 7/5/2018 1:29 PM 5 Yet, Officer Rosfeld put three bullets in the back of his body. Allegheny County District Attorney Zappala has a moral obligation to immediately press charges against this trigger-happy officer. The Pittsburgh community is looking to his leadership to bring justice to Antown’s loved ones and community. Tell District Attorney Zappala: File charges against Officer Michael Rosfeld who shot and killed Antwon Rose! We are angry angry. Antwon should still be here. Antwon was loved by many and had a bright and promising future ahead of him. While our community deals with the pain of losing Antwon, Officer Rosfeld has been put on administrative leave. In other words, Rosfeld is still getting paid with our hard earned tax dollars. Killer cops should not be rewarded for taking the lives of Black children. Officials from the Allegheny County Police Department are doing everything in their power to deny responsibility in Antwon’s death. The police superintendent and investigators have prioritized mischaracterizing Antwon to the media as someone deserving of death before releasing any information on the officer who actually killed him. We have learned about the vehicle matching the description of a car fleeing another shooting, firearms found on the floor of the car and the empty gun clip in Antwon's back pocket.1 None of those details change the fact that Officer Rosfeld did not give Antwon a fighting chance before opening fire. Despite the public outcry, District Attorney Zappala’s office has failed to act. This is unacceptable and shameful. There is no need to wait for the Allegheny County Police City of Palo Alto | City Clerk's Office | 7/5/2018 1:29 PM 6 Department to finish their investigation. We have the facts. A video recording shows officer firing at Antwon's back without any hesitation.2 Officer Rosfeld needs to be charged with murder now! Demand DA Zappala hold Officer Rosfeld accountable! The police have a sworn duty to protect and serve. The East Pittsburgh police's targeting and shooting of Antwon is a prime example of the disproportionate impact of police violence on Black people in this country. In 2017, Police killed 1,147 people. Black people were 25% of those killed despite being only 13% of the population.3 Black communities are living under constant racial terror while police officers continue to operate with impunity. In a high-profile election year, DA Zappala is proving himself to be a candidate that fails to act in the best interest of the community. His refusal to hold Officer Rosfeld accountable speaks volumes. Zappala has the power and authority to send a very clear message to the police in Allegheny County - acts of police violence in will not go unpunished. Join us in demanding justice for Antwon! Demand Justice for Antwon Rose! In solidarity, --Jasiri X, One Hood and Brandi Fisher, Alliance for Police Accountability Resources: 1. "Live updates: Allegheny Co. police respond to reports about N. Braddock shooting" WPXI News. 22 June City of Palo Alto | City Clerk's Office | 7/5/2018 1:29 PM 7 2018. https://act.colorofchange.org/go/68386?t=10&akid =14735%2E1456029%2EfTJhez 2. "Police Killing of Antwon Rose, 17, in East Pittsburgh Prompts Protests." New York Times. 21 June 2018. https://act.colorofchange.org/go/68387?t=12&akid =14735%2E1456029%2EfTJhez 3. Mapping Police Violence. 2018. https://act.colorofchange.org/go/68388?t= 14&akid=14735%2E1456029%2EfTJhez Join us and start your own petition on OrganizeFor today! Color Of Change is building a movement to elevate the voices of Black folks and our allies, and win real social and political change. Help keep our movement strong. If you're absolutely sure you don't want to hear from Color Of Change again, click here to unsubscribe. City of Palo Alto | City Clerk's Office | 7/2/2018 5:12 PM 1 Carnahan, David From:Stephanie Munoz <stephanie@dslextreme.com> Sent:Monday, July 02, 2018 2:53 PM To:paloaltofreepress Cc:Aram James; dcbertini; gkirby; chuck jagoda; Council, City; WILPF Peninsula Palo Alto; citycouncil; council; Keene, James; stevendlee; mdiaz; Stump, Molly; jrosen; swagstaffe; Kniss, Liz (internal); Timothy Gray; myraw; bos; HRC; molly o'neal; roberta ahlquist; essenceoftruth; Jonsen, Robert; Binder, Andrew; Kilpatrick, Brad; acisneros@capublicrecordslaw.com; michael gennaco; Van Der Zwaag, Minka; Perron, Zachary; lydiakou; Watson, Ron; patriceventresca@gmail.com; griffinam; sdremann; Kniss, Liz (external); Jay Boyarsky; Scharff, Greg Subject:Re: Transcript of 1st Amendment exchange between mayor and citizen —re police abuse-the limits of the 1st amend,etc. Palo Alto City Council circa 2005   Very strange message and published in giant letters which would not show an entire line. However, the past participle of  "to slay" is "slain".  Regards, Stephanie  ‐‐‐‐‐ Original Message ‐‐‐‐‐  From: "paloaltofreepress" <paloaltofreepress@gmail.com>  To: "Aram James" <abjpd1@gmail.com>  Cc: "dcbertini" <dcbertini@menlopark.org>, "gkirby" <gkirby@redwoodcity.org>, "chuck jagoda"  <chuckjagoda1@gmail.com>, "Council, City" <city.council@cityofpaloalto.org>, "WILPF Peninsula Palo Alto"  <wilpf.peninsula.paloalto@gmail.com>, "citycouncil" <citycouncil@menlopark.org>, "council"  <council@redwoodcity.org>, "james keene" <james.keene@cityofpaloalto.org>, "stevendlee"  <stevendlee@alumni.duke.edu>, "mdiaz" <mdiaz@redwoodcity.org>, "molly stump" <molly.stump@cityofpaloalto.org>,  "jrosen" <jrosen@da.sccgov.org>, "swagstaffe" <swagstaffe@smcgov.org>, "liz kniss" <liz.kniss@cityofpaloalto.org>,  "Timothy Gray" <timothygray@sbcglobal.net>, "myraw" <myraw@smcba.org>, "bos" <bos@smcgov.org>, "hrc"  <hrc@cityofpaloalto.org>, "stephanie" <stephanie@dslextreme.com>, "molly o'neal" <molly.o'neal@pdo.sccgov.org>,  "roberta ahlquist" <roberta.ahlquist@sjsu.edu>, "essenceoftruth" <essenceoftruth@gmail.com>, "Robert Jonsen"  <Robert.Jonsen@cityofpaloalto.org>, "Andrew Binder" <Andrew.Binder@CityofPaloAlto.org>, "brad kilpatrick"  <brad.kilpatrick@cityofpaloalto.org>, "paloaltofreepress" <paloaltofreepress@gmail.com>,  acisneros@capublicrecordslaw.com, "michael gennaco" <michael.gennaco@oirgroup.com>, "minka vanderzwaag"  <minka.vanderzwaag@cityofpaloalto.org>, "zachary perron" <zachary.perron@cityofpaloalto.org>, "lydiakou"  <lydiakou@gmail.com>, "ron watson" <ron.watson@cityofpaloalto.org>, patriceventresca@gmail.com, "griffinam"  <griffinam@sbcglobal.net>, "sdremann" <sdremann@paweekly.com>, lizkniss@earthlink.net, "Jay Boyarsky"  <jboyarsky@da.sccgov.org>, "Greg Scharff" <gregscharff@aol.com>  Sent: Tuesday, June 26, 2018 6:40:47 AM  Subject: Re: Transcript of 1st Amendment  exchange between mayor and citizen —re police abuse‐the limits of the 1st  amend,etc. Palo Alto City Council circa 2005     This was indeed, one those ancient Roman gladiator jaw dropping moments in the colosseum (council chambers) and an  outstanding First Amendment victory where the dragon, the Mayor, was slew with no blood being shed....    The moment was poetic...leaving the Mayor’s staff stunned. Like a grenade dropped into the calm waters of a lake and  fish rising to the surface belly up.....    Mark Petersen‐Perez  Editor: Palo Alto Free Press  City of Palo Alto | City Clerk's Office | 7/2/2018 5:12 PM 2 Ticuantepe, Nicaragua 🇳🇮         [image/jpeg:image1.jpeg]        Sent from my iPad    > On Jun 25, 2018, at 9:49 PM, Aram James <abjpd1@gmail.com> wrote:  >   > Thanks ‐to Mark Peterson Perez ‐of the Palo Alto Free Press for locating this piece.   >   > <IMG_4618.jpg>  >   >>>   >>>   >>> Sent from my iPhone      City of Palo Alto | City Clerk's Office | 7/2/2018 5:10 PM 1 Carnahan, David From:Zhengyuan Zhou <zhengyuanzhou24@gmail.com> Sent:Sunday, July 01, 2018 8:55 PM To:Council, City Subject:regarding Caltrain rails I reject any elevation of the Caltrain rails in Palo Alto. I support building the trench or the underground tunnel for rails at the Charleston Meadow crossings. City of Palo Alto | City Clerk's Office | 7/5/2018 1:29 PM 1 Carnahan, David From:Linhai Qiu <lqiu@alumni.stanford.edu> Sent:Monday, July 02, 2018 11:21 PM To:Council, City Subject:Support the trench or underground tunnel options at the Charleston and Meadow Caltrain crossings I am expressing my support for the trench or underground tunnel options at the Charleston and E Meadow Caltrain crossings. I support the petitions that reject any elevation of the Caltrain tracks. City of Palo Alto | City Clerk's Office | 7/2/2018 5:09 PM 1 Carnahan, David From:Rachel Kellerman <rkellerman@mac.com> Sent:Thursday, June 28, 2018 12:00 PM To:Holman, Karen Cc:Council, City; Shikada, Ed; Keene, James; Mello, Joshuah; De Geus, Robert; Tom Kellerman Subject:Thanks and Update on Our Neighborhood Communication Plan Hello Karen,    Tom and I want to thank you for improving  section E of the City Council Motion that passed during the City Council  meeting on June 19th to include actual mitigation measures for traffic overflow in our area should Churchill close  completely.  Tom and I are meeting today with Mr Mello and some of his team to talk about the current plans to  improve Embarcadero for pedestrians and bicyclists specifically at the intersection of Emerson and Embarcadero and to  discuss how his department and their consultants will measure traffic impacts on our street and in our neighborhood  should Churchill be closed completely.  We plan to communicate the information we receive from this meeting with  interested neighbors in a newly formed communication group encompassing University South, Professorville and  Embarcadero:  University South Professorville Embarcadero Neighbors USPEN.   (It seems every neighborhood group  needs an acronym these days!).  We are hoping that one of our neighbors who applies for the Community Advisory  Panel will get accepted in order to include this large area of historic homes and safe routes to schools and libraries in the decision‐making process.      We want to commend city staff on their prompt response to our questions and concerns,  and our hope is that they will  continue to communicate with stakeholder groups and share information on a timely basis.  We must all remember that  neighborhood streets designed 125 years ago were not intended to become major commuting arteries or cloverleafs.   We must respect neighborhood norms around traffic and stay true to the city’s stated policies and goals as put forth in  their Traffic and Safety Operations Report (2017) from the 2030 Comprehensive Plan T‐3.14 Prioritize safety of school  children; T‐4.2 ‐ Prioritize traffic calming on local collector residential streets over congestion management; T‐4.4  Maintain Embarcadero as a residential arterial between Alma and West Bayshore Road.      Karen, thank you again for your leadership on this important community issue.      Sincerely,    Rachel and Tom Kellerman  Emerson Street, Palo Alto        City of Palo Alto | City Clerk's Office | 7/2/2018 5:08 PM 1 Carnahan, David From:Gloria Pyszka <gpyszka@yahoo.com> Sent:Wednesday, June 27, 2018 7:18 PM To:Council, City Subject:Town Square comment on Avenidas in the June 22 Guest Opinion article. Mea Culpa I wrote a Town Square comment, responding to the Guest Opinion article written by Paula Wolfson in the June 22nd issue on the need for a master plan to address the needs of the aging population. My husband accused me of flaming Avenidas in my last sentence of that comment. I also included a reference to the City Council in the last paragraph. My comments below might be of interest to you all. You need to read both comments to understand the issues that I raised s/Gloria Pyszka Posted by Webster Street a resident of Another Palo Alto neighborhood 0 hours ago I would like to apologize to Avenidas for "flaming" as my husband accused me in my last comments. (Does anyone over 50 know what the term means?) Mea culpa. I have written them for years about having a satellite elsewhere in Palo Alto. As far as I know, they haven't acted in any way. Despite that shortcome, they are an outstanding organization with many programs for seniors. We're lucky to have them. Why do I keep pushing the satellite idea? Because the city is spread out and a program on Bryant does not serve the needs of many seniors who live at a distance. To me, that means beyond Oregon Expressway, especially if you have to depend upon public transportation. We live on East Charleston. We drive now, but when we need it (and we haven't been banished to Chico), the bus stop is nearby. For many it isn't. For us, the trip is long, but it does reach downtown and Avenidas. Look up www.cityofpaloalto.org/gov/depts/pin/transit. Or, call Avenidas at 289-5400 for information. Avenidas is currently in Cubberley on Middlefield in southern Palo Alto. But, that will end once Avenidas is remodeled on Bryant Street. Will Cubberley continue to be used by Avenidas in some way? Will Comida, the lunch program, continue at Stevenson House on Charleston, or move elsewhere? The city council quickly approved money for remodeling. What's their commitment to funding a sattelite? ANY satellite? Finally, there are many advantages to using Avenidas. Read a about them at Avenidas.org. Am I forgiven? City of Palo Alto | City Clerk's Office | 7/2/2018 5:11 PM 1 Carnahan, David From:Arthur Keller <arthur@kellers.org> Sent:Monday, July 02, 2018 11:02 AM To:Council, City Subject:Tri Delta Transit launches first electric bus Why not electric Palo Alto Shuttle buses, as we expand the shuttle? https://www.eastbaytimes.com/2018/06/29/tri-delta-transit-launches-first-electric-bus/ Tri Delta Transit launches first electric bus By ALISON BERG | aberg@bayareanewsgroup.com | PUBLISHED: June 29, 2018 at 1:22 pm | UPDATED: June 30, 2018 at 1:29 am Commuters in East Contra Costa County now have one more option for a ride to and from BART stations: electric buses. Two buses are currently in use, but Tri Delta Transit plans to have a total of four by the end of the year. All are part of a “pilot program” designed to “test the performance of these electric buses in our service area and results will be evaluated to determine future orders of all- electric buses,” Jeanne Krieg, CEO of Tri Delta Transit, said in a written statement. The new buses can carry up to 38 seated and 18 standing passengers. They follow the regularly scheduled routes in Martinez, Concord, Pittsburg, Bay Point, Antioch and Brentwood. Tri Delta Transit is increasing their efforts being environmentally friendly, and the electric buses are an important part of those efforts. The buses are also set to reduce noise pollution and save the county “tens of thousands of dollars in fuel and maintenance costs,” Krieg said. More information can be found at trideltatransit.com. City of Palo Alto | City Clerk's Office | 7/2/2018 5:11 PM 2 Tri Delta Transit A Tri Delta Transit electric bus waits for departure City of Palo Alto | City Clerk's Office | 7/5/2018 1:30 PM 1 Carnahan, David From:Ardan Michael Blum <ardan.michael.blum@gmail.com> Sent:Tuesday, July 03, 2018 1:13 PM To:Architectural Review Board; Council, City; Clerk, City; Atkinson, Rebecca Subject:Typos corrected / text changed slightly - Cell relay on light at 345 Forest Av with a large box next to a prime historic location Warm hello, I do wish to come back to you today with a plea - that you will not allow the placement of cell relay on the light at 345 Forest Av as it includes a large box to be added next to this street light. Note that people daily are taking pictures at this 1930s building from the street and such a box will block the view - sure it is not a "huge" box in the eyes of the people trying to set it up, yet the reality is that it WOULD change the view of the fountain as seen from the road. Have a walk over to my courtyard and see for yourselves! With respect and warm regards, Ardan Michael Blum City of Palo Alto | City Clerk's Office | 7/2/2018 5:07 PM 1 Carnahan, David From:Willi Paul <willipaul1@gmail.com> Sent:Wednesday, June 27, 2018 6:03 PM Subject:Where the Landlord is King - Interview with Emily Beach, Burlingame City Councilmember “Where the Landlord is King” Interview with Emily Beach, Burlingame City Councilmember by Willi Paul & Planetshifter.com - excerpt - Willi: What is your vision for Burlingame Avenue in 5 years? Emily: A thriving, walkable, sustainable, pedestrian-friendly district with a local feel and regional draw. A place where people can walk from where they live to all the goods and services they need on Burlingame Avenue or its adjacent neighboring streets. A place where it is safer, easier, and more convenient to choose transit, walking, or biking over driving single-occupancy cars. I envision a beautiful town square adjacent to the former post office site that serves as a community gathering space. I am hopeful as transportation modes shift away from single-occupancy car trips downtown and parking needs change with technology, perhaps some of our surface parking lots could be converted to higher uses -- including green space. http://www.planetshifter.com/myth/2558 -- Willi Paul, Principal 415-407-4688 2081 Cornell Street, Palo Alto, CA (650) 776-0809 18 JUN 28 PH 2: ltO 6/28/18 City of Palo Alto Council Members Honorable Council Members: The City of Palo Alto needs to put a law in plac:e that protects residents from continually being displaced, especially by out of state developers. The latest threat of mass eviction facing all residents of the President Hotel Apartments must be stopped. Given crises of unaffordable housing and increased congestion, Palo Alto sure is living up to its Shallow Alto reputation. Which is sad. Growing up here and going to Paly and being raised by a single dad, Palo Alto was known for its innovative optimism and open source inclusivity. The ongoing pain and heartbreak of displacement is an outrage and much action is needed. It is obvious to many long-time residents that a creed of self-centered elitism has eroded our community. It's become shameful to be a Palo Alto resident. I'm sorry to report. Honorable City Council members: Holman, Tanaka, Scharff, Kou, Wolbach, Fine, DuBois, on behalf of the working-class people, and even most professionals, who cannot afford housing, and are an integral part of our community, please put protections in place for all. Don't continue to turn a blind eye. The luster of our town is not completely lost. Act now to bring the luster back before it's too late. Please put protection in place. Saddened and Concerned - <Zffe Kent Schneeveis RETURN ADDRESS: ,. ... I support Castilleja's proposal to increase enrollment and modernize its campus because ... :.. <i.i ~(..) C>4: !:;~ <to o~ -1X: ~f5 u......J OU >->-t-t:: t:)U .. " ,. ' . ~. r •• , RETURN ADDRESS: vV'-""' N .. ..:r z: a.. O'\ N :z :::.> -, .CD Office of the Clerk Please distribute to all City Council Members 250 Hamilton Avenue, 7th Floor Palo Alto, CA, 94301 -----------n~•~ ...---~:ti-' ... ~~ _______...--:111 .... .;...,.;:~-. -------......,;::::__,L --------- n~ --1 ~-< no r-""" ~~ ::xr -o r;;o :JC o~ Office of the Clerk .i:--ri!:j •• -.,Cl_ Please distribute to all <a Coie;rt~embers 250 Hamilton Avel'JA, 7~or Palo Alto, CA, 94301