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HomeMy Public PortalAbout20170323plCC 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: 1/23/2017 Document dates: 1/4/2017 – 1/11/2017 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 | 1/9/2017 12:11 PM 1 Carnahan, David From:Dr. Peter A Underhill <under@stanford.edu> Sent:Saturday, January 07, 2017 2:05 PM To:Council, City Cc:LydiaKou@gmail.com; Greg@gregtanaka.org Subject:900 N California Ave appeal City Council members, I reside directly adjacent to the planned development referred to as 900 N. California Ave. I declare to the best of my knowledge that I did not receive notice of the 15 Sept 2016 ARB public meeting. While I look forward to the completion of the construction of 3 two-story houses with basements, approval of the project is premature. The path to maturity involves the opportunity for the City to more actively deal with the contentious issue of ‘broad area’ dewatering, including the consequence of subsidence. While excessive dewatering can reduce both groundwater and ground surface levels, the reduction of water level is potentially recoverable but ground surface height does not rebound to previous grade. Nowhere in the 63-page ID# 7548 report (Meeting Date: 1/9/2017) are the words ‘subsidence’ or ‘sinking’ mentioned. Given my ‘front line’ proximity to the simultaneous dewatering of 3 basements, I am concerned about subsidence consequences ranging from sloping floors, jammed windows, doors and locks to undermining the structural integrity of my chimney and foundation. To my knowledge neither my homeowner’s or earthquake insurance covers subsidence related damage. I attended the Policy and Services Committee 14 Dec 2016 meeting about dewatering. During the meeting, architect Dan Garber proposed a solution. He stated that using ‘cut-wall’ boundary techniques for basement excavation would reduce considerably the volume of ground water pumped during dewatering. I suggest that the 900 N. California Ave development project be viewed as a test site opportunity by the City to assess the efficacy of this procedure. Conceivably the City could incentivize the developer to implement the ‘cut-wall’ approach during the upcoming dewatering season. Careful, unbiased monitoring of both ground surface and water levels would provide systematic, quantitative information to City regulators and citizens. I believe I would be less vulnerable to potential harm if the 3 basements were excavated using the ‘cut-wall’ technique. Respectfully, Peter A. Underhill 920 N. California Ave Palo Alto, CA 94303 City of Palo Alto | City Clerk's Office | 1/9/2017 12:11 PM 3 Carnahan, David From:Nicholas Kaposhilin <nicholas@kaposhilin.net> Sent:Sunday, January 08, 2017 1:59 PM To:DuBois, Tom; Filseth, Eric (Internal); Fine, Adrian; Holman, Karen; Kniss, Liz (internal); Scharff, Gregory (internal); Wolbach, Cory; Greg@Gregtanaka.org; LydiaKou@gmail.com Cc:Beatrix Cashmore; PAgroundwater@luxsci.net; Peter A Underhill; Council, City Subject:900 N. California Avenue Project [15PLN-00155] - Appeal of the ARB approval (PLEASE READ) Importance:High Dear Council Member and Fellow Resident,    I am writing to you as a Neighbor of 900 N. California Ave. and as a co‐author of the Appeal letter for the 900 N.  California Ave. project ARB Approval that was granted in November 2016.     On Monday evening Jan 9, you will be asked by the City Manager to deny the appeal. This will be a real mistake and  here’s why:     It was a mistake for the ARB to approve a 33,000 square‐foot project in an R1 residential neighborhood without  understanding the real scope and impact of such an extraordinary project by evaluating it against the standards  of more similar sized commercial projects in the city.    Failure of notifications to be received by any neighbors affected by the project with regards to the ARB public  hearing for this project (that occurred in Sept. 2016) resulted in neighbors of this highly impactful R1 project  being inadvertently denied a voice in process     But mistakes can be fixed and this one is simple to fix by granting the appeal. On the contrary, by denying the appeal the  Council risks compounding the actions of the City Manager and the ARB and sending a clear message to neighbors and  residents that their voices are not appreciated or valued in the due process for R1 projects.     Why are we appealing?     This is a Commercial Sized Project in an R1 neighborhood   Throughout the process for this project the City and the ARB have looked upon this project as a simple single  parcel being split into three separate parcels and the development of three separate single family homes. But  yet there has been only one ARB review and there will be only one massive development project effecting  33,000 square feet of space in an R1 residential neighborhood.   This is not a typical R1 ARB case and as such it deserves the focus and scrutiny more akin to a commercial  development.   As a neighbor, I believe that myself and others ABSOLUTELY have valid concerns about traffic, noise and  appropriate levels of notice and community outreach for such a project and it is crucial for our concerns to be  addressed.    Due to the Size and the Location This Project has Potentially Significant Groundwater Dewatering Impact    The question of dewatering a 33,000 square‐foot area in an R1 district all at once and all that this entails at this  location has not been addressed during the ARB review and is of significant concern.  City of Palo Alto | City Clerk's Office | 1/9/2017 12:11 PM 4  This project will absolutely have the dewatering impact of a commercial sized project and as such dewatering of  the site during construction should be reviewed as a commercial project and a dewatering plan adequate for a  commercial project should be developed before the project is allowed to go forward.   Keith Bennett of SavePaloAltosGroundWater.org agrees stating the following:     “The Council specifically included a provision in the sub‐division approval to apply any dewatering rules  for multi‐site dewatering. However, the likely 2017 dewatering guidelines do not address the issues specific to this site,  which requires specific handling”    “The PSC at the 12/14 meeting clearly indicated that the primary motivation for dewatering regulations was to  reduce water waste.  This project ALONE has the potential to waste one half of the total of 140 million gallons of  groundwater pumped in 2016 (for 8 basements), based upon an estimate of 20 ‐ 25 million gallons per basement x 3  basements.  The high groundwater in the 900 N. California area strongly suggests that the amount of water pumped for  this project will be particularly large.  Use of proper dewatering strategies for this project could significantly affect  groundwater waste in 2017, possibly reducing waste by 30 ‐ 50% for the entire City.”    “At the 12/14 meeting, presentations were made on the feasibility of "local" dewatering strategies.  Such  strategies are easily feasible on this very large site, which is larger than many commercial sites.  The 3 lots together are  as large as the "L‐shaped' parking lot at Waverly and Hamilton, for example.”    In summary, I believe the City Manager has made a mistake a is doing a dis‐service to the council and the community by  recommending that this appeal be denied in favor of a private R1 project of extraordinary scope that has zero urgency to  anyone other than the owner and zero public benefit. By doing so the city manager disregards the real impact of such a  large R1 project and dismisses the concerns of residents and neighbors as well as potentially severe groundwater waste  in 2017. All this could likely be avoided through further planning and community engagement that and appeal would  require.      Thank you for your time and it is my sincere expectation that you will vote to approve the appeal on Monday.    Kind Regards,    Nicholas Kaposhilin   Owner and resident of 936 N. California Ave.  https://www.linkedin.com/in/nicholaskaposhilin/          City of Palo Alto | City Clerk's Office | 1/9/2017 12:11 PM 5 Carnahan, David From:Rita Vrhel <ritavrhel@sbcglobal.net> Sent:Sunday, January 08, 2017 7:50 PM To:Council, City; greg@gregtanaka.org Cc:Lydia Kou; Esther Nigenda; Keith Bennett; Daniel Garber Subject:900 N. California Dear City Council members: I am asking that you pull ITEM # 9 (900 N. California Ave) from the 1/9 Consent Calendar. Ms. Cashmore filed an Appeal on this project because she and her nearby neighbors stated they had not received the mandatory notices from the City. They were not able to make their concerns known re this project, attend meetings or influence the outcome. Per documents available for review, this 30,000 sq ft property currently has 3 structures in place: a 1,672 sq ft home, 1,245 sq ft home and a 700 sq foot unit. The property will be subdivided into 3 lots; the following 3 houses will be built. A 2- story 3,157 sq ft FAR dwelling (all figures include garages) with a 1,896 sq. ft basement; a 2-story 3,563 sq ft FAR dwelling with a 2,774 sq ft basement and a 2-story 4,177 sq ft FAR dwelling with a 2,417 basement. This is a considerable increase in the sq. footage of the dwellings. Dewatering will be required for all basement construction. My reasons for requesting taking this item off the Consent Calendar and having the full CC review and discuss are as follows: 1. Given the size and magnitude of this project, I honestly can't believe that 1 neighbor would not have attended at least 1 meeting if they had received proper notification. 2. In my own personal experience, I did not receive mandated notification and just was lucky in happening to call the City days before it would have been to late to file an Appeal. Yet daily I walked past the posted Notice City of Palo Alto | City Clerk's Office | 1/9/2017 12:11 PM 6 of Change to the school property. Many of these notices after time cease to be relevant as the drawing fade; i.e. the posting at the corner of Embarcadero and Newell. 3. I have heard similar stories from many other residents regarding not receiving mandated notices. On 1/7, Esther Nigenda and I met with an 80 yr old couple living at 2433 Emerson regarding a nearby basement project; they have received a letter but no postcard notices and do not know what to do. 4. Because of the above, I believe Ms. Cashmore. 5. It would be so simple to require all notices be sent certified mail with signature card required. The Developer would be billed for Staff time and materials. That would end this on going problem. 6. The onus now, as stated in the Staff report, is on residents to keep up to date on projects in their area. They can call the City, go on line and register for notifications (that assumes everyone is computer/City regulations literate), or check the notices in the paper (that assumes everyone is mobile, not visually impaired and has access to the daily newspapers). Many people do not know the ins and outs of the City process. 7. Dewatering, as we know, will be a concern here. The location is close to the Bay and the groundwater level will be shallow. Changes for 2017 and 2018 are being recommended to the current dewatering regulations. Because of the size of this property, percolation or distribution of extracted groundwater for use to nearby residents presents a golden opportunity to decrease groundwater waste. But only if you require it. 8. Why not set this item aside and discuss after the 2/13 City Council review and discussion of Public Works' propose changes to regulations for 2017 and 2018? 9. Ms. Cashmore has met with Esther Nigenda, Keith Bennett, Dan Garber and me to discus her concerns regarding dewatering. Dan Garber kindly offered to meet with Ms. Cashmore, her neighbors and the Developer to discuss dewatering concerns. 10. We have a new City Council. Greg Tanaka and Lydia Kou's city council emails are not yet listed; thereby limiting potential contact with them. I am not for or against the project, but I am concerned about Ms. Cashmore's statements regarding lack of notification. It is not easy to file an Appeal, gather one's thought and appear before the City Council. I am also very concerned about the dewatering required for these homes. Please provide Ms. Cashmore and her neighbors the chance to present their concerns to the entire City Council. Thank you. . Rita C. Vrhel, RN, BSN, CCM Medical Case Management Phone: 650-325-2298 Fax: 650-326-9451 CITY OF PALO ALTO CITY COUNCIL EXCERPT MINUTES Page 1 of 3 Special Meeting November 14, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:30 P.M. Present: Burt, DuBois, Filseth, Holman arrived at 5:33 P.M., Scharff, Schmid arrived at 5:33 P.M., Wolbach Absent: Berman, Kniss Action Items 16. PUBLIC HEARING: 900 N. California Ave. [14PLN-00233]: Recommendation for Approval of a Preliminary Parcel Map, With Exceptions, to Subdivide an Existing 30,837 Square Foot Parcel Into Three Parcels. The Parcel Map Exception is to Allow one of the Parcels to Exceed the Maximum Lot Area. Environmental Assessment: Exemption Pursuant to CEQA Guidelines Section 15061 (b)(3). Zoning District: Single-Family Residential District (R-1) **QUASI JUDICIAL. Public Hearing opened at 8:24 P.M. Public Hearing closed at 8:38 P.M. MOTION: Vice Mayor Scharff moved, seconded by Council Member DuBois to: A. Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3); and B. Approve the Record of Land Use Action for the proposed preliminary parcel map application. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “including the addition of a requirement that a second unit be built on Lot 3.” (New Part B.i.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “increase the setbacks to 8 ACTION MINUTES Page 2 of 3 City Council Meeting Action Minutes: 11/14/16 feet on all sides of the garage and accessory buildings on Lot 3.” (New Part B.ii.) AMENDENT: Mayor Burt moved, seconded by Council Member XX to add to the Motion, “direct Staff to determine and certify that the aggregate de-watering of the three basements not be deleterious to the surrounding properties or vegetation.” AMENDMENT RESTATED: Mayor Burt moved, seconded by Council Member XX to add to the Motion, “direct Staff to review the third party dewatering review statement to assure that the aggregate impact is evaluated and not simply the individual dewatering impact of each lot.” AMENDENT2: Mayor Burt moved, seconded by Council Member XX to add to the Motion, “add the requirement that this development be subject to whatever new dewatering requirements the Council adopts before the next dewatering season.” AMENDENT2 RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “add the requirement that this development be subject to whatever dewatering requirements are in effect before the next dewatering season.” (New Part C) AMENDMENT RESTATED: Mayor Burt moved, seconded by Council Member XX to add to the Motion, “direct Staff to review the third party review statement to assure that any aggregate impact presented by the construction schedule is evaluated and not simply the individual dewatering impact of each lot.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to review the third party geo-technical report to assure that any aggregate impact presented by the construction schedule is evaluated and not simply the individual dewatering impact of construction on each lot.” (New Part D) MOTION AS AMENDED RESTATED: Vice Mayor Scharff moved, seconded by Council Member DuBois to: A. Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3); and B. Approve the Record of Land Use Action for the proposed preliminary parcel map application: ACTION MINUTES Page 3 of 3 City Council Meeting Action Minutes: 11/14/16 i. Including the addition of a requirement that a second unit be built on Lot 3; and ii. Increase the setbacks to 8 feet on all sides of the garage and accessory buildings on Lot 3; and C. Add the requirement that this development be subject to whatever dewatering requirements are in effect before the next dewatering season; and D. Direct Staff to review the third party geo-technical report to assure that any aggregate impact presented by the construction schedule is evaluated and not simply the individual dewatering impact of construction on each lot. MOTION AS AMENDED PASSED: 7-0 Berman, Kniss absent Adjournment: The meeting was adjourned at 9:57 P.M. JcuSJgn Envelope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE CITY OF PALO AL TO CONTRACT NO: Cl 7161146 AGREEMENT BETWEEN THE CITY OF PALO AL TO AND TEAM SHEEPER, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 1st day of March, 2017, ("Agreement") by and between the CITY OF PALO AL TO, a California chartered municipal corporation ("CITY"), and TEAM SHEEPER, INC. a California corporation, located at 501 Laurel Street, Menlo Park, CA 94025 ("CONSULT ANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to provi4e its Summer 2017 Session Recreation Aquatics Program ("Project") and desires to engage a consultant to provide certified swim instructors to teach private and group swim lessons to registered participants in the Palo Alto Recreation Aquatics Program for the CITY of Palo Alto offered at the Jane Lathrop Stanford (JLS) Pool, 480 East Meadow Drive, Palo Alto 94306 and Rinconada Pool, 777 Embarcadero Road, Palo Alto, CA 94301 in connection with the Project ("Services"). B. CONSULT ANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULT ANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 31, 201 7 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULT ANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and DocuSign Envelope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULT ANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULT ANT for performance of the Services described in Exhibit "A" ("Basic Services"), and reimbursable expenses, shall not exceed One Hundred Thirteen Thousand Dollars ($113,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed One Hundred Forty Three Thousand Dollars ($143,000). The applicable rates and schedule of payment are set out at Exhibit "C", which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of' Exhibit "C". CONSULT ANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit "A". SECTION 5. INVOICES. The CONSULTANT will invoice the CITY for payment at the end of each month for services provided. The CONSULT ANT payment voucher will then be submitted to the fiscal section for payment at which point the CITY has 30 working days from the last date of the payment voucher to render payment to the CONSULT ANT. Invoices must include CONSULTANT name, address, contract number, date of services, compensation amount. SECTION 6. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perfo~ the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULT ANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULT ANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of 2 Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY's project manager is Sharon Eva, Community Services Department, 1305 Middlefield Road, Palo Alto, CA 94303, Telephone (650) 463-4909. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULT ANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its CONSULTANTs, if any, shall make any of such materials available to any individual or organization without the prior written approval of the CITY Manager or designee. CONSULT ANT makes no representation of the suitability of the work product for ~se in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULT ANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULT ANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULT ANT, its officers, employees, agents or CONSULT ANTs under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULT ANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall 4 Professional Services Rev_ April 27, 2016 ocuSign Envelope ID: DB5845F9-34DD-4A01-8627-B2819AOD3BDE survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its Contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all CONSULT ANTs of CONSULT ANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY' s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY' s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULT ANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19 .1. The CITY Manager may suspend the performance of the Services, in 5 Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5845F9-34DD-4A01-8627-B2819AOD3BDE whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULT ANT. Upon receipt of such notice, CONSULT ANT will immediately discontinue its performance of the Services. 19 .2. CONSULT ANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written noti~e thereof to CITY, but only in the event of a substantial failure of performance by the CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the CITY Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its CONSULTANTs, if any, or given to CONSULTANT or its CONSULTANTs, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSUL TANT, CITY will be obligated to compensate CONSULT ANT only for that portion of CONSULT ANT' s services which are of direct and immediate benefit to CITY as such determination may be made by the CITY Manager acting in :the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the CITY Clerk CITY of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULT ANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULT ANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 6 Professional Services Rev. April 27, 2016 JCU::SJQO t:nve1ope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE 21.2. CONSULT ANT further covenants that, in the performance of this Agreement, it will not employ subcontractors, Contractors or persons having such an interest. CONSULT ANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Governmeqt Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULT ANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULT ANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULT ANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally Preferred Purchasing policies which are available at CITY' s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULT ANT shall comply · with waste reduction, reuse, recycling and disposal requirements of CITY' s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. (b) Goods purchased by CONSULT ANT on behalf of CITY shall be purchased in accordance with CITY' s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division's office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULT ANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. 7 Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULT ANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the CITY, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULT ANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 25. NON-APPROPRIATION 25.l. This Agreement is subject to the fiscal provisions of the Charter of the CITY of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS ~ 26.l This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, 'improvement') project of more than $15,000. OR D 26.1 CONSULT ANT is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773 .1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the CITY Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations ("DIR"). Copies of these rates may be obtained at the Purchasing Division's office of the CITY. CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. CONSULT ANT shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. 26.2 CONSULT ANT shall comply with the requirements of Exhibit "E" for any contract for public works construction, alteration, demolition, repair or maintenance. 8 Professional Services Rev. April 27, 2016 ocuSign Envelope ID: DB5845F9-34DD-4A01-8627-82819AOD3BDE SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California. 27 .2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 27.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 27.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 27 .6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 27.8 In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT's proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT's proposal, the exhibits shall control. 27.9 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.S(d) about a California resident ("Personal Information"), CONSULT ANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform CITY immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULT ANT shall not use Personal Information for direct marketing purposes without CITY's express written consent. 27.10 All unchecked boxes do not apply to this agreement. 9 Professional Services Rev. April 27, 2016 City of Palo Alto | City Clerk's Office | 1/4/2017 4:25 PM 1 Carnahan, David From:lafletch@comcast.net Sent:Wednesday, January 04, 2017 4:24 PM To:Council, City Subject:Rinconada Pool To Whom It May Concern, I wanted to follow up on a previous e-mali I sent regarding Rinconada Pool. I understand the City Council will be hearing more information and voting on a plan for lessons and swim camps for the summer. I want to request the City Council take the item off of the agenda that includes the swim camps until further information is obtained. I feel the over all experience for ALL swimmers will be greatly impacted if lanes are designated for swim camps during peek swim hours. I feel we all need more information on how this will look and feel this summer. Please consider holding off voting on this item until further information is available. Thank you, Linda Fletcher I <l-tl ~-Z i?'ZZ (£27.. 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(f (Y-(YJ J 57 l.JJ /(lJI rAJ • I 0 _ITYOF PALO ALTO City of Pa lo Alto City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 Summary Title: Aquatics Swim Leson Contract with Team Sheeper {ID# 7552) Title: Approve and Authorize the City Manager to Execute an Agreement Between the City of Palo Alto and Team Sheeper LLC, for the Learn to Swim Program for Summer 2017 at an Amount Not to Exceed $143,000 From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council authorize the City Manager to approve a contract with Team Sheeper Inc. for operation of the 2017 Learn to Swim Program (swim lessons) in an amount not to exceed $143,000 (including a $30,000 contingency for supplemental services if needed) (Attachment A). Executive Summary The City of Palo Alto (City) ·offers a year-round Aquatics Program that includes adult lap swim, a youth competitive swim team and an adult competitive Masters Swim team. During the summer months, the City also offers a Learn-to-Swim program as well as family recreation swim. The City has experienced difficulty hiring and retaining qualified aquatics staff to meet the needs of the community, especially during summer months when more aquatics programs are offered. In Summer 2015, an emergency third-party agreement was required to avoid potential pool closures and the cancellation of swim classes due to the City's difficulty in staffing the Aquatics Program. In December 2015, after receiving direction from the Finance Committee and subsequently the full Council, staff released a Request for Proposal (RFP) to solicit bids for aquatics management services to improve the City Aquatics Program. In our evaluation of the bids and our in-house aquatics program, we identified opportunities to not just maintain the aquatics program but to better meet community requests to expand and enhance aquatics programming for Palo Alto. The objective of the RFP and our analysis was to consider alternatives for how we might best achieve the following: City of Palo Alto Page 1 10 Packet Pg. 123 ~ I 10 • Family recreation swim, • Adult lap swim, • Learn-to-Swim lessons, • Facility rentals for private pool parties, • Youth competitive swim team (PASA -Palo Alto Stanford Aquatics), and • Adult competitive swim team (Rinconada Masters). The City has existing contracts to provide the Rinconada Masters and Palo Alto Stanford Aquatics (PASA) programs, while City staff has historically provided staffing for the remaining programs. The majority of the aquatics programs are held at the City-owned Rinconada pool with some summer swim lessons also taking place at the JLS Middle School pool. Throughout the rest of the year (mid-September through mid-May), the only aquatics activities that are offered at Rinconada pool are adult lap swim, PASA, and the Rinconada Masters. For the past two summers (2015 and 2016), the City has struggled to hire and retain adequate pool staff to meet community demand for the Lap Swim, Learn-to-Swim and Family Recreation Swim. In 2015, CSD entered into an emergency contract with an outside vendor to mitigate its Learn-to-Swim staffing shortages. Working on a very short timeline, CSD was able to write and approve a contract with Team Sheeper Inc., a professional third party aquatics service provider who was able to mobilize quickly and provide qualified M LsteAJJ;~ professional swim instructors and lifeguards to support the Palo Alto aquatics programs. . u ,rQ!"~e are several reasons the City aquatics program is experiencing difficulty hiring and \ ~ f ) ~ ' llfi.r'&t~ini sta he biggest challenge has been that the City currently only has the ability t~ ) \,,L' '·hir part-time staff o work under 1,000 hours each per year but Rinconada has a need for -r" emp oyees who can work year round to staff the lap swim program. This issue leads to . rr,A:-I staffing shortages outside of the summer season . In addition, pay rates for lifeguards and uJ f\;~ swim instructors are not as competitive compared to other employment opportunities for fr {(_&, 1 {CB :high school and college students. The majority of the aquatics employees are students and t b after summer they have limited work availability. -(lf6 ~ Following the 2015 summer swim season, CSD staff conducted program evaluations of the \f;~ summer lessons that Team Sheeper Inc. had provided. Parents of participants were pleased ' 7 with the experience and felt their children had made progress and improved their ~ \(.....£' techniques over the course of the lessons. Because the 2015 Team Sheeper program was well received by the community and because of continuing staffing shortages, CSD entered into anotber short-term limited contract with Team Sheeper Inc. to manage the Learn-to- Swim program for the Summer 2016 season as well as to provide lifeguarding hours for short-staffed lap swim sessions as needed. rM c~s City of Polo Alto Page 3 Packet Pg. 125 Group Lessons P d City Subsidy Subsidy as Expected ropose a%offee Enrollment F level ("'9,000)* ee $ 22.00 $ 1.00 5% $9,000 $ 22.00 $ 2.00 9% $18,000 $ 22.00 $ 3.00 14% $27,000 $ 22.00 $ 4.00 18% $36,000 $ 22.00 $ 5.00 23% $45,000 $ 22.00 $ 6.00 27% $54,000 $ 22.00 $ 7.00 32% $63,000 $ 22.00 $ 8.00 36% $72,000 $ 22.00 $ 9.00 41% $81,000 $ 22.00 $ 10.00 45% $90,000 $ 22.00 $ 11.00 50% $99,000 *Enrollment in group swim lessons in 2016 was 4,500 Private Lessons P d City Subsidy Subsidy as Expected ropose a% of fee Enrollment F level ("'2,100)* ee $ 63.00 $ 18.00 29% $37,800 $ 63.00 $ 20.00 32% $42,000 $ 63.00 $ 22.00 35% $46,200 $ 63.00 $ 24.00 38% $50,400 $ 63.00 $ 26.00 41% $54,600 $ 63.00 $ 28.00 44% $58,800 $ 63.00 $ 30.00 48% $63,000 $ 63.00 $ 32.00 51% $67,200 $ 63.00 $ 34.00 54% $71,400 $ 63.00 $ 36.00 57% $75,600 $ 63.00 $ 38.00 60% $79,800 *Enrollment in private swim lessons in 2016was 1,300 This year, we are also recommending that the public use Team Sheeper's registration system for swim lesson enrollment. While the Learn-to-Swim program will still be advertised in the City's Enjoy! Catalog, families will be directed to register through Team Sheeper in person at Rinconada Pool or using their website. This change will allow swim staff to quickly adjust children's schedules and swim levels without having to involve City staff. City of Palo Alto Page 7 10 Packet Pg.129 City of Palo Alto | City Clerk's Office | 1/9/2017 2:41 PM 1 Carnahan, David From:Jeff Hoel <jeff_hoel@yahoo.com> Sent:Monday, January 09, 2017 2:22 PM To:Council, City; UAC Cc:Hoel, Jeff; cac-tacc@cityofpaoalto.org Subject:2017 Legislative Priorities Council members and UAC commissioners,    On Council's 01‐09‐17 agenda,  http://www.cityofpaloalto.org/civicax/filebank/documents/55312  Item 11 (a Consent Calendar item) is about the City's Legislative Program Manual and 2017 Legislative Priorities.    Here's the staff report:  01‐09‐17: "Legislative Program and Priorities"  (13 pages)  http://www.cityofpaloalto.org/civicax/filebank/documents/55314    On UAC's 01‐11‐17 agenda,  http://www.cityofpaloalto.org/civicax/filebank/documents/55416  Item IX.1 is also about how the City's Legislative Policy Guidelines affect Utilities.    Here's the staff report:  01‐11‐17: "Staff Recommendation that the Utilities Advisory Commission Recommend that the City Council Adopt a  Resolution Approving the Updated City of Palo Alto Utilities Legislative Policy Guidelines" (46 pages)  https://www.cityofpaloalto.org/civicax/filebank/documents/55408    In an ideal world, UAC would have provided a recommendation about this topic before Council voted on it.  Should  Council consider delaying its vote until it has UAC input?    Thanks.      Jeff    ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  Jeff Hoel  731 Colorado Avenue  Palo Alto, CA 94303  ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐    City of Palo Alto | City Clerk's Office | 1/9/2017 12:14 PM 1 Carnahan, David From:LWV of Palo Alto <lwvpaoffice@gmail.com> Sent:Saturday, January 07, 2017 2:26 PM To:Council, City Subject:Consent Calendar Item 14 - January 9, 2017, Regular Meeting Attachments:LWVPA LTR 2017Council Housing Fees.docx Dear City Council, Attached please find a letter from the League of Women Voters of Palo Alto requesting that Item No. 14 be removed from the Consent Calendar for the January 9, 2017, City Council regular meeting. Thank you. Bonnie Packer President -- League of Women Voters of Palo Alto 3921 E. Bayshore Road, Suite 209 Palo Alto, CA 94303 (650) 903-0600 January 7, 2017 Greg Scharff, Mayor, and City Council Members 250 Hamilton Ave Palo Alto, CA 94301 Re: January 9, 2017, Consent Calendar Item No. 14: Housing Impact Fee Ordinance - Second Reading Dear Mayor Scharff and City Council Members, The League of Women Voters of Palo Alto (LWVPA) requests that Consent Calendar Item No. 14, Housing Impact Fee Ordinance - Second Reading, be removed from the Consent Calendar to give the Council an opportunity to further consider the recommendations of the Planning and Transportation Commission (P&TC). While the Council did accept one of the P&TC recommendations regarding the impact fee for new rental housing, LWVPA urges the Council to consider the other recommendations of the P&TC for the reasons in LWVPA’s December 7, 2016, letter to the Council on these ordinances as set forth below. The League of Women Voters of Palo Alto (LWVPA) applauds the City’s continuing efforts to provide mechanisms for the provision of housing for those with very low, low and moderate incomes. LWVPA has historically supported both Palo Alto's inclusionary housing program and the assessment of housing impact fees on non-residential development for the Affordable Housing Fund. These programs have provided many below market rate (BMR) rental and for-purchase homes and have been a valuable source of funding for very low, low and moderate income housing developments in Palo Alto. For this reason, LWVPA supports the proposed Citywide Affordable Housing Requirements Ordinance and the housing impact fees recommended by the Planning and Transportation Commission (P&TC). In our comments to the P&TC on this ordinance, LWVPA noted the difficulty in balancing the desire to ensure there is a robust Affordable Housing Fund to support development of multi-unit housing for those with very low, low and moderate incomes versus the desire to have a certain amount of below market rate housing units sprinkled throughout the City. The Commissioners’ thoughtful discussions on this and other important policy issues were the basis for their fee recommendations regarding the ordinance and the associated fee schedule. LWVPA supports the P&TC impact fee recommendations that differ from the staff recommendation for the following reasons: • An impact fee on new rental housing that is comparable to neighboring cities – between $10-20 per square foot – would alleviate the negative impact to renters who are already struggling to pay the current exceedingly high rental rates. • An impact fee of $95 per square foot on new detached market rate housing would help maintain a robust Affordable Housing Fund. LWVPA realizes that the effect on the City’s affordable housing policies and goals of the fee schedule is unknown; therefore, we support the P&TC proposals that the impact fees for the non-residential developments be phased in over five years and that all the impact fees be reviewed annually by the P&TC. THE LEAGUE OF WOMEN VOTERS OF PALO ALTO 3921 E. BAYSHORE RD., SUITE 209 • PALO ALTO, CALIFORNIA 94303 • 650-903-0600 • www.lwvpaloalto.org While LWVPA supports the proposed Citywide Affordable Housing Requirements Ordinance, we still have concerns that the thrust of the ordinance is to favor on-site below market rate units as opposed to the payment of fees. We noted in our letter to the P&TC: While LWVPA supports policies that allow for the provision of units for those with moderate incomes where it is feasible for a developer to do so, LWVPA notes that this ordinance may have the consequence of producing much less cash for the Affordable Housing Fund. Today, cash from this Fund can be leveraged to obtain other sources of funding (for example through the federal Tax Credit program) for the development of many more units for those with very low and low incomes, than can otherwise be produced when a developer provides units on or off site rather than housing impact fees. Thank you for considering our comments. Very truly yours, Bonnie Packer President League of Women Voters of Palo Alto City of Palo Alto | City Clerk's Office | 1/9/2017 12:14 PM 1 Carnahan, David From:Steve Levy <slevy@ccsce.com> Sent:Sunday, January 08, 2017 10:04 AM To:Council, City Subject:Consent item 14 impact fees I support removing the item from the consent calendar and scheduling a later hearing to review the previous decisions.    As Chair of the League of Women Voters Housing and Transportation committee, I strongly support the letter(s) sent to  you on this issue by Bonnie Packer.    I believe two principles established by council in the minimum wage discussion are useful guides for reviewing impact  fee decisions:    1‐‐comparability with neighboring jurisdictions and     2‐‐phasing    These issues have been raised by council members, PTC members and the League.    I know that the fees are designated for housing assistance for low income resident and I know also that the past five  years have been so strong in job growth that it seemed that any level of fess would not deter the desire to build in Palo  Alto.    But I also know professionally that job growth is entering a period of dramatic slowdown regionally and will become  much more competitive.     Finally I know that many council members have mentioned fiscal stability and sustainability as important goals.    As the year proceeds I encourage the council to 1) revisit the city economic development policy statement of January  2013 and consider the economic and fiscal implications of decisions on fees and other policies.    Stephen Levy  365 Forest 5A  Palo Alto CA 94301    City of Palo Alto | City Clerk's Office | 1/10/2017 5:27 PM 1 Carnahan, David From:Sally Morton <smorton@hanvan.com> Sent:Tuesday, January 10, 2017 5:24 PM To:Council, City; Scharff, Gregory (internal) Cc:John Hanna; Alina Hernes Subject:429 University Avenue Attachments:City of Palo Alto ltr.pdf Dear Mayor and City Council, Please find attached letter from John Hanna. Thank you!     Sally Morton Paralegal Hanna & Van Atta 525 University Avenue, Suite 600 Palo Alto, CA 94301 Telephone: (650) 321-5700 Facsimile: (650) 321-5639 E-mail: smorton@hanvan.com This e-mail message may contain confidential, privileged information intended solely for the addressee. Please do not read, copy, or disseminate it unless you are the addressee. If you have received this e-mail message in error, please call us (collect) at (650) 321- 5700 and ask to speak with the message sender. Also, we would appreciate your forwarding the message back to us and deleting it from your system. Thank you.  City of Palo Alto | City Clerk's Office | 1/4/2017 4:24 PM 1 Carnahan, David From:Penny Ellson <pellson@pacbell.net> Sent:Wednesday, January 04, 2017 2:29 PM To:Council, City Subject:An interesting discussion about driverless cars, Uber and Lyft. Here’s an article that may help as we contemplate the future of companies like Uber and Lyft. http://humantransit.org/2016/12/sounding-the-alarm-about-ubers-impacts-on-transit.html I think this model is probably still a long way from becoming a viable alternative to transit. We should remember what the automobile industry did (quite deliberately) through politics, marketing, and price controls decades ago to destroy transit as a competitor. Driverless cars, Uber, Lyft, and the like are not ready to be a substitute for public transit, but they are making it harder and harder for transit to co-exist—purposefully, I think. Furthermore, these for-profit companies may never be an affordable option for people in low income categories. If we pay attention to history, I believe it is far too soon to turn our backs on transit. Food for thought. --Penny City of Palo Alto | City Clerk's Office | 1/9/2017 4:40 PM 1 Carnahan, David From:Fred Balin <fbalin@gmail.com> Sent:Monday, January 09, 2017 3:58 PM To:Council, City; Minor, Beth Subject:City Staff Shout Out: "Call Carnahan" Following up on Mayor Scharff's "shout out” to city staff in his comments last Monday …    …. over the past 13 years or so I have had numerous opportunities to interact with the city clerk’s office, and invariably it has been positive. Concurrently, and well‐documented, is the department’s steady progress in taking advantage of  technical advances to bring agendas, staff reports, attachments, and related communications to "The Packets" present  state of its art.    A major milestone near the end of the Grider, Minor administration was its seamless transition, to a greatly extended, 2‐ weekend, 11‐day packet release window between email notification of packet posting and roll call in chambers,  therefore successfully institutionalizing a major transparency advance brought forth by the city manager and a benefit to  all of us.    But as effective as Beth Minor had been in supporting Donna Grider for many years, could the department realistically  even come anywhere near filling the void left by her former’s boss’s retirement? Certainly not, I thought, but I had not  yet had an opportunity to “Call Carnahan.”    I met David Carnahan briefly him last June, on a 7th floor walk‐in with a handwritten public records request. “I'll take  you request,” he said after he greeted me, "and will get back to you shortly. By the way we do also have an on line  system.”      And, it works really well; submit your request from the comfort of your computer chair; progress reports and scanned  documents, returned to you inbox; and with Carnahan on the back end, related digging and  prompt responses on a  number of my subsequent on‐line requests.       Then in July, I took on the role as a first‐time campaign treasurer, and although I benefited from basic training as well as  on‐going ad‐hoc support from a veteran Palo Alto treasurer and user of “NetFile” (City of Palo Alto Campaign Disclosure  E‐Filing System), there were several conundrums that all led me to the same on‐deadline decision, Call Carnahan.     And in every case, David Carnahan handled the issue, which my veteran guide and I could not resolve, with the upmost  patience, professionalism, expertise, and/or recommended options and follow‐up steps.    In the final days, after a long struggle (including another Call Carnahan) to figure out how to a reconcile $48.25, in a  Form 460 termination statement that requires a balance of zero, and then, once resolved, closing the committee with a  Form 410 statement of the same date, then signed, certified,and sent to the Secretary of State, I received several days  later from David Carnahan an automatically generated Netfile letter, which I assumed to be superfluous or in error but  then decided to Call Carnahan  to let him know. But of course, it was valid. Sacramento had received the printed 410,  but the e‐File version was still sitting self‐satisfied in the NetFile drafts section, un‐submitted. One last bit of expertise: a  single click to move from draft to e‐file, and I was done.    I could not have successfully completed my work as treasurer without David Carnahan’s help.    City of Palo Alto | City Clerk's Office | 1/9/2017 4:40 PM 2 Many thanks to David Carnahan, and all in the clerk’s office, for continuing its high quality of expertise and service as has been the standard over many years.    ‐Fred Balin  2385 Columba Street      City of Palo Alto | City Clerk's Office | 1/9/2017 4:40 PM 1 Carnahan, David From:D Martell <dmpaloalto@gmail.com> Sent:Monday, January 09, 2017 4:24 PM To:James.Williams@bos.sccgov.org; Stump, Molly Cc:bos@bos.sccgov.org; Council, City Subject:CPRA request | Lytton Gardens of Palo Alto James R. Williams, Santa Clara County Counsel Molly Stump, Palo Alto City Attorney Dear Mr. Williams and Ms. Stump: To facilitate this CPRA request, please collaborate with one another to determine who maintains public records on issues related to public housing at Lytton Gardens. Pursuant to California Public Records Act (CPRA) (Govt. Code § 6250 et seq.), I request the most recent statistics for Santa Clara County's HUD-subsidized Section-8 Housing re Lytton Gardens Senior Independent Living Community of Palo Alto and their senior residents (62 years and older). —Please answer each following question directly with either a number, dollar amount, or a breakdown of country of origin. 1. What is the total number of seniors that live at Lytton Gardens? 2. What is the total number of residents that receive government-subsidized housing? 3. What is the total number of government dollars spent on housing for residents? 4. What is the total number of seniors that receive government-subsidized housing who do not have full US citizenship? 5. What is the total number of government dollars spent on housing for residents without full US citizenship? 6. What is the ethnicity and country breakdown for residents without full US citizenship? 7. What is the average annual income for a resident with full US citizenship? 8. What is the average annual income for a resident without full US citizenship? 9. What is the average apartment rental rate? 10. What is the average out-of-pocket rent that a resident with full US citizenship pays for an apartment? City of Palo Alto | City Clerk's Office | 1/9/2017 4:40 PM 2 11. What is the average out-of-pocket rent that a resident without full US citizenship pays for an apartment? Sincerely. Danielle Martell Palo Alto City Council Candidate, 2016 dmPaloAlto@gmail.com City of Palo Alto | City Clerk's Office | 1/9/2017 12:10 PM 1 Carnahan, David From:Jacqueline W Stewart <jwidmarstewart@gmail.com> Sent:Friday, January 06, 2017 1:58 PM To:Council, City Subject:Dear City Council. Where is Palo Alto on generating electricity through its water supply flows? Dear City Council Members: Oregon is putting in a new system that harnesses the energy produced by delivering water. Your attention to how Palo Alto can benefit from this new technology is greatly appreciated. https://www.youtube.com/watch?v=vlbp0VxZG28 Thank you. Jacqueline Widmar Stewart _ Author ___________________________________ Champagne Regained Parks and Gardens in Greater Paris Finding Slovenia The Glaciers' Treasure Trove amazon www.lexicuspress.com www.linkedin.com twitter.com/widmarstewart jacquelinewidmarstewart.blogspot.com www.facebook.com/jacquelinewidmarstewart ______________________________ City of Palo Alto | City Clerk's Office | 1/11/2017 1:03 PM 1 Carnahan, David From:Arlene Goetze <photowrite67@yahoo.com> Sent:Wednesday, January 11, 2017 11:35 AM To:sierra@sierraclub.org; citymgr@cityofpaoalto.com Subject:Dr Cody: No fluoride under age 16 if water has .6 ppm An educational email from Arlene Goetze, No Toxins for Children, photowrite67@yahoo.com1/11/17 TO: Elected officials in Santa Clara County San Jose was #1 of 100 cities in dental health in a study based on CDC and oral hygiene in 2009. San Francisco with fluoridation ranked #84. 11 of the worst dental cities have fluoridation. 8 were the lowest-income states where poor children do not respond to fluoride. (MSN Health Newsletter and St Lous Post Dispatch, 8/25/2009) Howard Pollick,MPH on poor children in San Francisco never have fewer cavities.) --------------------- Please advertise Dr. Sara Cody's Sept. 22, 2016 letter to dental and medical profession about fluoride for children: --------------------- Babies under 6 months ....No fluoride ever Up to Age 3 --No fluoride if there is more than .3 ppm put in tap water Age 6 to 16 -- NO fluoride if there is more than .6 ppm put in tap water. (American Academy of Pediatric Dentistry) If SCVWD puts .7 ppm as now recommended by government groups in county tap water...then no child up to age 16 should have any fluoride either. Along with San Jose Water Co., Dr Cody does tell dental professionals and doctors to stop fluoride supplements when there is any HFSA in the water. They will overdose children. But no one tells the parents. Will you tell the parents? Mercury News a month ago has published a very erroneous article by Paul Rogers about fluoride. Three years ago its editorial belittled the idea that fluoride had anything to do with Manhattan Project (Abomb.) That type of ignorance should be corrected. Mercury has not done so. Rogers further said that it was 'detractors' of fluoride who say it causes fluorosis. It is the supporters of fluoride---ADA, CDC, NIH, etc. who claim that. Please support Dr. Cody, head of SCC Public Health. Please have the ethics to inform parents not to give children fluoride supplements and or even drink fluoridated water...unless SCVWD can prove tap water has less than 6 ppm. City of Palo Alto | City Clerk's Office | 1/11/2017 1:03 PM 2 Arlene Goetze, MA, Health Writer, former Dir. of Communication for the Diocese of San Jose. photowrite67@yahoo.com N.B. Hydrofluosilicic acid. HFSA, has been put in U.S. water since 1960. It is the toxic waste product of phosphate fertilizers and quite expensive for those companies to dispose of. Water Companies buy the waste product for tap water. HFSA has been declared one of 11 neurotoxins like lead and arsenic. 300 studies proves it damages brains. Only 5% of the world puts fluoride in its drinking water. They find other ways to prevent cavities. fluoridealert.org City of Palo Alto | City Clerk's Office | 1/9/2017 12:11 PM 1 Carnahan, David From:Penny Ellson <pellson@pacbell.net> Sent:Saturday, January 07, 2017 10:35 AM To:'Peter Phillips'; Council, City; SaferCommutePTA@yahoogroups.com Subject:FW: Court finds bad street design liable in NYC crash Thanks, Peter. This is an interesting article on street design and city liability. From: Peter Phillips [mailto:pkphillips@gmail.com] Sent: Saturday, January 07, 2017 6:18 AM To: pellson@pacbell.net Subject: Court finds bad street design liable in NYC crash Court finds bad street design liable in NYC crash From Design, a Flipboard magazine by Curbed The decision could change the way cities deploy safety improvements Transportation experts agree that poor street design—and the driver behavior it… Read it on Flipboard Read it on curbed.com Sent from my iPhone No virus found in this message. Checked by AVG - www.avg.com Version: 2016.0.7996 / Virus Database: 4749/13721 - Release Date: 01/07/17 City of Palo Alto | City Clerk's Office | 1/9/2017 12:10 PM 1 Carnahan, David From:Marilyn SL <MarilynSL@aol.com> Sent:Monday, January 09, 2017 8:52 AM To:Council, City Cc:MarilynSL@aol.con Subject:Fwd: Parking Citations - Without Visible Public Notice Please review and resolve the issue presented herewith . Your immediate attention and consideration is appreciated. All the best for 2017. Sincerely, Mari Marilyn ( Marie ) Sado Labtis (415) 297-1708 Sent from my iPhone Begin forwarded message: From: Marilyn Sado Labtis <marilynsl@aol.com> Date: January 3, 2017 at 7:26:30 PM EST To: patburtcc@gmail.com Cc: MarilynSL@aol.com Subject: Fwd: Parking Citations - Without Visible Public Notice Referred to You by City of Palo Alto Revenue Collections. -----Original Message----- From: Marilyn Sado Labtis <marilynsl@aol.com> To: Patrick.Burt <Patrick.Burt@CityofPaloAlto.org> Cc: MarilynSL <MarilynSL@aol.com> Sent: Tue, Jan 3, 2017 7:23 pm Subject: Parking Citations - Without Visible Public Notice January 3, 2017 Patrick Burt Mayor City of Palo Alto Palo Alto ,California Dear Mayor Burt, City of Palo Alto | City Clerk's Office | 1/9/2017 12:10 PM 2 Subject: Parking Citation 100278121 & Parking Citation 100282878 In light of repetitive Parking Citiations that I have received from the City of Palo Alto - the same issue for lack of a Visible Notice to the public to justify the issuance of a citation - I respectfully ask for your consideration to reverse at least one of these citations in fairness to all with respect to public service and implementation. My telephone hearing on both citations will take place on Jan. 10, 2017 @ 10 am. Mayor Burt, these two citations plus a 3rd citation (registration tab with a visible Authorized document from DMV which should have avoided another citation ) within the same month practically is a bit too much . I look forward to your immediate attention and consideration in this matter. Thank You. Sincerely, Marilyn ( Marie) Sado Labtis (415) 297-1708 City of Palo Alto | City Clerk's Office | 1/11/2017 8:12 AM 1 Carnahan, David From:LWV of Palo Alto <lwvpaoffice@gmail.com> Sent:Tuesday, January 10, 2017 8:04 PM Subject:League of Women Voters of Palo Alto - February VOTER Attachments:Feb VOTER .pdf The Palo Alto VOTER  The February 2017 issue is attached as a PDF. Please save this to your desktop and enjoy! On the front page:    Lunch with League Protecting Our Civil Liberties guest speaker: Nayna Gupta Attorney for the ACLU of Northern California Wednesday, February 7 12 - 1:30pm at the First Congregational Church 1985 Louis Rd, Palo Alto, CA Be a part of Program Planning Saturday, February 4, 9 am to Noon at the home of Sandra Slater 1001 Emerson, Palo Alto -- League of Women Voters of Palo Alto 3921 E. Bayshore Road, Suite 209 Palo Alto, CA 94303 (650) 903-0600 LWVPA !2 February, 2017 The results of the November election have generated in many of us a healthy desire for action. What can our LOCAL League do? To expand on very good advice: Think globally, think nationally, think statewide, think regionally, think countywide, but act locally. To put this advice into the context of the League: support calls to action and educate on issues from LWV United States; LWV California; LWVBay Area; Leagues of Santa Clara County; and ACT as the Palo Alto League on important local issues. There has been considerable League action since the election. National continues to work on voter rights and voter suppression issues: http://forum.lwv.org/sites/default/files/2016_end_of_the_year_message.pdf . National has issued calls to action to halt the repeal of the Affordable Care Act, to contact Congress about the president-elect’s conflicts of interest and much, much more. National has also given us sound advice on how to react to the current political situation: http://lwv.org/blog/10-ways-you-can-help-defend-our-democracy. Armed with the LWVUS position on Immigration, the Leagues of Santa Clara County submitted a letter in December supporting the County Supervisors’ efforts to provide legal support for undocumented immigrants, which is moving forward, and LWVPA submitted a letter to the Palo Alto City Council in support of a Resolution of Inclusion, which passed unanimously on December 12. Our League co-sponsored an Empathy/Inclusive Community event in December and this month we are publicizing the event: Immigrants and Allies, on January 19 (see page 6) and co-sponsoring a pro-choice event on January 22 (see page 7). Bay Area League Day in San Jose on January 28 is focusing on the regional housing crisis. (See page 3.) You can register at: https:// www.eventbrite.com/e/bay-area-housing-crisis-tickets-30767989886 . We kicked off the new year with an inspiring and exciting Action Brunch on January 7, brilliantly organized by an amazing team led by Megan Swezey Fogarty and Lynne Russell, at Sarah Sands lovely home. Over 80 women and men, including those new to the League, discussed ways we can act effectively to make democracy work. We explored potential action and education regarding affordable housing, transportation, sustainability and climate change, education, sanctuary cities, voter suppression, electoral college, civil liberties and more. Your ideas and your energy will do much to inform our Program Planning process on February 4. (See page 4) You can direct your energies by becoming active on one of LWVPA’s committees: Our Housing and Transportation Committee has been and will continue to be active at the city level on the many housing and transit issues that we expect to be high on our decision makers’ agendas. We have an Education Committee that plans to focus on the Palo Alto Unified School District Board, as well as continue its efforts in Early Childhood Education. There are two newly formed committees: one is looking into responsible gun ownership regulations for Palo Alto, and the other is exploring the sanctuary city movement. This will be the Year of the Rooster. With your commitment we can become a vigorously active League to give the League’s virtual rooster something to crow about! Bonnie Packer Bonnie Packer President president@lwvpaloalto.org Mary Alice Thornton 1st Vice Pres., Fundraising Ellen Forbes 2nd Vice Pres., Communications, Webmaster Karen Kalinsky Secretary Steve Levy Treasurer Nancy Olson Action Tree Diane Rolfe Community Relations Sigrid Pinsky & Diane Rolfe PreK-12 Education Karen Pauls LAT support Veronica Tincher New Voices for Youth Steve Levy Housing and Transportation Valerie Stinger Budget Committee Paige Costello Facebook Administrator Mary Jo Levy Speakers Bureau Julie Cardillo Voter’s Edge Dave Thornton Board Development Committee Nominating Committee Mila Zelkha, Chair Lynn Drake Ellen Springer Lynne Russell LWV of Palo Alto: Officers, Directors, Off-Board Roster (650) 903-0600, www.lwvpaloalto.org OFF-BOARD Jeannie Lythcott Voter Services Megan Swezey Fogarty & Lynne Russell Membership Lisa Ratner Advocacy Maureen O’Kicki Program/Events Organizer Liza Taft Voter Registration, VOTER Distribution, Health Care Sue Hermsen VOTER Editor Tory Bers Publicity DIRECTORS Message from our President OFFICERS LWVPA !5 February, 2017 Advocacy Report by Lisa Ratner National LWVUS issued a Call to Action for all members to call our senators and congressional representatives to investigate Donald Trump’s business dealings which create unconstitutional conflicts of interest, since he has refused to sell his holdings. The LWVUS also asks members to call Congress and tell our representatives to support Elizabeth Warren’s bill which would require the President to sell his holdings. It is not too late for your phone call. We urge all members to sign up to receive email notifications of calls to action at this link: http://lwv.org/get-involved . Despite valiant efforts by LWVUS and other plaintiffs to head off voter suppression using the federal courts, thousands of otherwise eligible voters did not get a chance to cast their votes in the November election because of voter ID laws, purges of voter lists, and reduced precinct resources. Read the article: http:// lwv.org/press-releases/2016-presidential-election-was- rigged State: LWVC summary of legislative action for 2016 can be reviewed at http://archive.lwvc.org/lwvonly/docs/ 2015-2016-legislative-advocacy-review.pdf Local Housing Impact Fees. Our Housing and Transportation Committee continues to follow the city’s proposed housing impact fee, which would levy a fee on residential, commercial and office development at a level far above surrounding cities. We have sent a letter opposing such a drastic upward fee, questioning whether it would simply discourage the building of more affordable housing. We also sent a letter on November 30 to the Planning and Transportation Committee supporting Accessory Dwelling Units in Palo Alto, see: http://www.lwvpaloalto.org/LWVPA_Advocacy.html VTA Bus Service. We continue to follow the VTA’s proposed plan for bus service in the County. The current proposal would cut service in Palo Alto, with obvious painful impacts on residents of senior housing and affordable housing facilities which lie on the existing bus routes. The rationale for the cuts is that VTA money is best spent on more heavily used, more frequent routes. Although the VTA claims it might continue paratransit service even if the routes are cut, public pressure is required to make sure this problem is fairly solved. The VTA will hold a public hearing on January 19 at 6 pm at the Palo Alto City Council chambers for comments on the plan. Stormwater Fee Increase. LWVPA has been asked to support the upcoming city stormwater fee ballot measure coming in April 2017. Current fees will expire in June 2017, leaving insufficient money to fund needed storm drain infrastructure and green water conservation measures. We have reviewed the reports documenting the need for the increase and will be reporting to the Board soon on this issue. Immigration and Civil Rights. LWVPA supported Councilman Wohlbach’s resolution of inclusiveness brought before the Palo Alto City Counsel on December 12. We are also working on a potential amendment to the Police Policy Manual which would align city policy with the California Trust Act. This act forbids county and state law enforcement from direct cooperation in immigration enforcement actions absent probable cause, a warrant, or a serious criminal offense. A community meeting sponsored by the City of Palo Alto and many civic organizations will discuss Immigrants and Allies at 7 pm on January 19 in the Auditorium at Cubberley Theatre. The topics will include immigrants’ rights and our community response. (See page 6.) BLUE HIGHLIGHTS in the VOTER are linked to pertinent websites. To access the VOTER in PDF format, go to our website at www.lwvpaloalto.org/VOTER.html or email lwvpaoffice@gmail.com to start receiving the VOTER as a PDF via email. City of Palo Alto | City Clerk's Office | 1/4/2017 4:24 PM 1 Carnahan, David From:Dailey, Karla Sent:Wednesday, January 04, 2017 12:20 PM To:Council, City Subject:Message from the City Council Home Page Thank you for passing the resolution stating Palo Alto’s commitment to upholding high standards of human decency. It  made me proud to be an employee of the City. Happy New Year.    Karla Dailey, Senior Resource Planner  City of Palo Alto Utilities  650‐329‐2523    City of Palo Alto | City Clerk's Office | 1/11/2017 8:11 AM 1 Carnahan, David From:wsrfr418@yahoo.com Sent:Tuesday, January 10, 2017 8:54 PM To:Council, City Subject:Park Blvd and Stanford Someone decided to remove the Stop signs for traffic to Yield signs and now I see drivers driving traveling on Park Blvd drive right through those like they aren't even there. Even when I have been at the Yield sign on Stanford, drivers on Park just drive through them like they don't even exist. People on bikes don't obey Stop signs but drivers are supposed to. City of Palo Alto | City Clerk's Office | 1/11/2017 8:11 AM 1 Carnahan, David From:Reine Flexer <reine13@gmail.com> Sent:Tuesday, January 10, 2017 9:39 PM To:Alaee, Khashayar Cc:Al Mollica (amollica@petsinneed.org); Council, City Subject:Re: Update on Palo Alto Animal Services Hello Cash, My understanding is that the issue of Palo Alto animal services will be discussed in February by the council members. I am very interested in hearing about it. Is there any document you can share? Thank you, People doing rescue work are very worried about the future of the Spay and Neuter Clinic at PAAS, a great traesure. Some council members thought that Palo Alto was giving away money by having non-residents bring there animals. It was definitely not the case. Actually PAAS was hoping that the clinic would generate more money for PAAS...but when the clinic was closed for so long, it could not happen. Now the clinic is active again and should stay open. We recommend it. Thank you for sharing with the proper committee. Regards, Reine Flexer reine13@gmail.com On Mon, Aug 22, 2016 at 7:38 PM, Alaee, Khashayar <Khashayar.Alaee@cityofpaloalto.org> wrote: Hi Reine,   The staff report for the meeting will be published 11 days before the meeting. When the item is scheduled and report  published, I will let you and others know.   Sincerely,   Khashayar “Cash” Alaee  | Sr. Management Analyst 250 Hamilton Avenue | Palo Alto, CA 94301 D: 650.329.2230 |  E: khashayar.alaee@cityofpaloalto.org   From: Reine Flexer [mailto:reine13@gmail.com] Sent: Thursday, August 18, 2016 11:41 AM To: Alaee, Khashayar City of Palo Alto | City Clerk's Office | 1/11/2017 8:11 AM 2 Cc: Daniel Becker; Adkins, Margaret; allenmaureen@hotmail.com; animalsnaps@sbcglobal.net; jayebergen@gmail.com; deborah.buck@gmail.com; leonor.delgado@paloaltohumane.org; eilerswl@aol.com; carole.hyde@paloaltohumane.org; casey@ibokrescue.org; thompsonjill23@yahoo.com; tvalenti7@aol.com; beth.ward@hssv.org; bigwheel.spot@gmail.com; Tyounis@losaltosca.gov; ccahill@losaltoshills.ca.gov; Amy.Brown@aem.sccgov.org; suzyheisele@yahoo.com; samsnyder026@gmail.com; luke.stangel@gmail.com; jeremy.robinson67@gmail.com; jeanne.wu@hssv.org; dan@svaca.com; KWHITE@PeninsulaHumaneSociety.org; KDINNEEN@PeninsulaHumaneSociety.org; Jon.Cicirelli@sanjoseca.gov; smcarsen@earthlink.net; alxmcfarland@gmail.com; Shikada, Ed; Mason, Suzanne; Burns, Dennis; Keith, Claudia; Sartor, Mike; Urbanski, Connie; Macartney, Cody; Yoffe, Bonnie; Perez, Lalo; Rossmann, Walter; Gross, Felicia; Richardson, Harriet; Lee, Frank; Beacom, Bob; Hagerman, Ian; Geoff Ball (ghball@aol.com); chird@stanford.edu; Miesha Brown; Krug, Lynn; Portillo, Rumi; Silipin, Irene; Brian Oneill; Keene, James; Council, City; Lutes, Lacey; Mouton, Anthony; Duran, Joseph; De Geus, Robert; Al Mollica (amollica@petsinneed.org); Alexandra Baggs (ABaggs@petsinneed.org) Subject: Re: Update on Palo Alto Animal Services Hello Cash, When can we hear more about the current proposal? Will the meeting with the council be open to the public or will there be a special meeting for the people who had participated in the earlier discussion months ago? Any text online? Thank you, Regards, reine On Thu, Aug 18, 2016 at 7:32 AM, Alaee, Khashayar <Khashayar.Alaee@cityofpaloalto.org> wrote: Hi Daniel, Thank you for your email. Many of the issues you raise relate to the City's labor relations with SEIU. Be assured that the City will satisfy any obligations it has under state labor law and we will be in touch with SEIU accordingly. The goal of Tuesday's meeting was to provide our colleagues an opportunity to ask questions about the upcoming report to City Council. I informed you of this report on August 2: "we are in preliminary discussions with Pets In Need, a rescue shelter in Redwood City, about a possible public private partnership. We intend to update the City Council in August regarding possible term of agreement, scope of services, cost of services, transition issues, facility improvements, and other related topics." Sincerely, Khashayar "Cash" Alaee | Sr. Management Analyst 250 Hamilton Avenue | Palo Alto, CA 94301 D: 650.329.2230 | E: khashayar.alaee@cityofpaloalto.org City of Palo Alto | City Clerk's Office | 1/11/2017 8:11 AM 3 -----Original Message----- From: Daniel Becker [mailto:Daniel.Becker@seiu521.org] Sent: Tuesday, August 16, 2016 12:57 PM To: Daniel Becker; Alaee, Khashayar; Adkins, Margaret; 'allenmaureen@hotmail.com'; 'animalsnaps@sbcglobal.net'; 'jayebergen@gmail.com'; 'deborah.buck@gmail.com'; 'leonor.delgado@paloaltohumane.org'; 'eilerswl@aol.com'; 'reine13@gmail.com'; 'carole.hyde@paloaltohumane.org'; 'casey@ibokrescue.org'; 'thompsonjill23@yahoo.com'; 'tvalenti7@aol.com'; 'beth.ward@hssv.org'; 'bigwheel.spot@gmail.com'; 'Tyounis@losaltosca.gov'; 'ccahill@losaltoshills.ca.gov'; 'Amy.Brown@aem.sccgov.org'; 'suzyheisele@yahoo.com'; 'samsnyder026@gmail.com'; 'luke.stangel@gmail.com'; 'jeremy.robinson67@gmail.com'; 'jeanne.wu@hssv.org'; 'dan@svaca.com'; 'KWHITE@PeninsulaHumaneSociety.org'; 'KDINNEEN@PeninsulaHumaneSociety.org'; 'Jon.Cicirelli@sanjoseca.gov'; 'smcarsen@earthlink.net'; alxmcfarland@gmail.com Cc: Shikada, Ed; Mason, Suzanne; Burns, Dennis; Keith, Claudia; Sartor, Mike; Urbanski, Connie; Macartney, Cody; Yoffe, Bonnie; Perez, Lalo; Rossmann, Walter; Gross, Felicia; Richardson, Harriet; Lee, Frank; Beacom, Bob; Hagerman, Ian; 'Geoff Ball (ghball@aol.com)'; 'chird@stanford.edu'; Miesha Brown; Krug, Lynn; Portillo, Rumi; Silipin, Irene; Brian Oneill; Adkins, Margaret; Keene, James; Council, City; Lutes, Lacey; Mouton, Anthony; Duran, Joseph Subject: Update on Palo Alto Animal Services Importance: High Hi Cash, I hope you are doing well. In the email I sent you last year concerning the animal services issue, I reminded you of some of the suggestions that were made to you at the stakeholders meeting that was held in February of 2015. Let me remind them to you again. The notes that you provided to us clearly read: "Local staffing, keep good quality jobs here, important for emergencies, keep city staff". Also it clearly states "No outsourcing". It seemed at the time that the vast majority of stakeholders were in agreement with this. If the City is not interested in the opinions of the stakeholders, please don't ask us for them. If you're going to completely ignore the suggestions made to you, please don't invite us to meetings and pretend to want to get them. It was reported to me that you held a meeting with animal shelter staff earlier this morning. I was notified that in that meeting you stated that: 1) The City is in negotiations with a contractor named Pets In Need, and you are expecting that contractor to take over animal shelter positions. 2) The City is expecting its current animal shelter employees to train the contractors (since this contractor has no experience conducting the work that current City employees are performing). 3) That the animal shelter employees should start looking for other jobs. Assuming this is true, as I've heard this from several employees, I cannot begin to express to you how utterly disappointed and appalled I am by the above statements. First of all, the City has an obligation to meet and confer with SEIU Local 521 if it plans to outsource our members jobs. This did not happen. Secondly, why is the City negotiating with a contractor that has no experience in the performed duties? Is the City so eager to outsource public work that it's willing to jeopardize the community and animal needs in order to outsource public work? This is outrageous. I am requesting that you immediately cease negotiations with this contractor and schedule dates to meet with City of Palo Alto | City Clerk's Office | 1/11/2017 8:11 AM 4 us, the stakeholders, to address this matter. Once this is done, I need you to apologize to the animal shelter workers for the emotional damage the City is causing them as well as apologize to the stakeholders for completely ignoring our suggestions and requests. If you choose not to cease negotiations, you will need to provide us with dates to meet and confer as soon as possible. I am looking forward to your immediate response, Daniel Daniel Becker Internal Worksite Organizer (650) 801-3525 (Phone) (650) 595-1930 (Fax) 558 Brewster Ave, Suite 100, Redwood City, CA 94063 ________________________________________ City of Palo Alto | City Clerk's Office | 1/11/2017 8:10 AM 1 Carnahan, David From:Bhushans@aol.com Sent:Tuesday, January 10, 2017 9:41 PM To:abjpd1@gmail.com; chuckjagoda1@gmail.com; mgreenwood@scscourt.org; jay.boyarsky@da.sccgov.org; jrosen@da.sccgov.org; nklippen@scscourt.org; molly.o'neal@pdo.sccgov.org; smanley@scscourt.org; jsylva@scscourt.org; mharris@scscourt.org; bwalsh@scscourt.org; aflint@scscourt.org; myraw@smcba.org; hayden@yourcriminaldefender.com; citycouncil@menlopark.org; Council, City; timothygray@sbcglobal.net; dcbertini@menlopark.org; RJonsen@menlopark.org; sscott@scscourt.org; ppennypacker@scscourt.org; dryan@scscourt.org; council@redwoodcity.org; laptoplg@mac.com; swagstaffe@smcgov.org; rpichon@scscourt.org Subject:Re: Women's March Opens a Raw Dialogue on Race ( check your privilege at the ... Aram, Thanks for sending the article. Dividing women is NOT a good idea; humility shows more strength of character than arrogance. I do agree with the need to educate ourselves about African American history, it is something I have endeavored to do ever since I read the Rebellion of Nate Turner some thirty years ago. For my personal story of "white" (non-privilege): I sometimes "brag" that just like Apple and HP, I grew up in a garage after my parents separated; life was nearly unbearable, so I can't relate. I still do NOT believe that half of "white" women voted for Trump. Too many reporters have noted that over 550,000 ballots were NOT counted, primarly in poor inner city areas, and students votes were similarly disqualified. We had massive disenfranchisement of voters; suppression of votes, and ended up with a flawed election due to CIA and Russian influence. The antiquated Electoral College, finished out the injustice. Although, I wasn't thrilled that Ms. Clinton was the Democratic candidate; I was excited to have a woman president after over 140 years of rule by men, men of European ancestry, with one exception. Barack was the greatest president we ever had, and now we have a arrogant, untruthful, ruthless egoist who will take this country in a reactionary and dangerous direction. I pray for my country. Cybele P.S. People are NOT colors, i.e., white, black, red, or yellow. It is immature to simplify and divide humans along these lines, although I do know the genesis of the term black/white; basically it was a need to unify people of African heritage to have pride in themselves and their history. I'm all for that, culturally, historically, and socially. In a message dated 1/10/2017 6:02:45 P.M. Pacific Standard Time, abjpd1@gmail.com writes: https://mobile.nytimes.com/2017/01/09/us/womens-march-on-washington-opens-contentious-dialogues-about- race.html?_r=0&referer=https://www.google.com/ Shared via the Google app Sent from my iPhone -- You received this message because you are subscribed to the Google Groups "Stop the Ban Discussion" group. To unsubscribe from this group and stop receiving emails from it, send an email to STB_Discussion+unsubscribe@googlegroups.com. For more options, visit https://groups.google.com/d/optout. City of Palo Alto | City Clerk's Office | 1/6/2017 8:44 AM 1 Carnahan, David From:fwms@comcast.net Sent:Thursday, January 05, 2017 2:44 PM To:Council, City Subject:[scvsefa] SCHOOLS WITH STS WINNERS Dear Mayor and Councilmembers of Palo Alto, Below are the Science Talent Search (STS) winners from Santa Clara County. Palo Alto has 2 winners: (1) from Henry M. Gunn High School and (1) from Palo Alto High School. A word of encouragement to the schools, teachers and winners would be appreciated. Please visit the link provided for additional information. Forrest Williams Board Member Santa Clara Valley Science and Engineering Association --------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------- Subject: [scvsefa] SCHOOLS WITH STS WINNERS Data available at: https://student.societyforscience.org/blog/doing-science/science-talent-search-2017-top-300- scholars-announced SCHOOL STUDENT Bellarmine College Preparatory, San  Jose, CA Chang, Kevin Yaolin, 17   Ravishanker, Pravin, 17   Sridhar, Arvind, 18 Evergreen Valley High School, San  Jose, CA Selvamurugan, Shanmurugan, 17 Henry M. Gunn High School, Palo Alto,  CA Wang, Jenica, 16 Lynbrook High School, San Jose, CA Guo, Nicholas, 17 City of Palo Alto | City Clerk's Office | 1/6/2017 8:44 AM 2   Hase‐Liu, Matthew Manchung  Keisuke, 17   Xiao, Katherine Lin‐Kathy, 18   Zhang, Marilyn Mengyao, 18 Monta Vista High School, Cupertino,  CA Cheerla, Nikhil, 17   Saluja, Sajeev, 17   Talapaneni, Suresh, 17 Palo Alto High School, Palo Alto, CA Hong, Jerry, 17 The Harker School, San Jose, CA Ang, Kai‐Siang Matthew, 17   Kim, Angela Eun‐Chae, 17   Nirmel, Sandip, 17   Pyda, Srivatsav, 17   Radiya‐Dixit, Evani, 17   Sankar, Venkat, 17   Shah, Manan Ajay, 17   Song, Scott, 17   Subramaniam, Arjun, 17 -- Ruthie Waters, SCVSEFA Admin. FAX/ VMAIL 650-856-1289 __._,_.___ Posted by: Ruth Waters <waters.ruthie@gmail.com> Reply via web post • Reply to sender • Reply to group •Start a New Topic •Messages in this topic (1) Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. Have you tried the highest rated email app? With 4.5 stars in iTunes, the Yahoo Mail app is the highest rated email app on the market. What are you waiting for? Now you can access all your inboxes (Gmail, Outlook, AOL and more) in one place. Never delete an email again with 1000GB of free cloud storage. VISIT YOUR GROUP Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet.Yahoo! Groups • Privacy • Unsubscribe • Terms of Use . fJRH-219; Mii.of Paaiis 16 2 DJ. HOfl'llr tt al. /Journal of Hydrology: Rqfontll Stlidirs IOCt (101 s) IOOMOO< et al., 2008). For example, global mean sea level rose at a rate of -18 cm/century in the 20th century, but at a rate of more than 22cm/century during the past few decades (Cayan et al., 2008). Recent increases have been attributed primarily to global climate change and associated melting of polar icecaps (Scavia et al., 2002; Rahmstorf, 2007; Cayan et al.. 2008; Mastrandrea and Luers. 2012; IPCC, 2013). Increases in sea level at California have generally followed the global trend, except for the past few decades when the rate of SLR has remained relatively constant at 17-20 cm/century (Cay an et al.. 2008; Mastrandrea and Luers, 2012). In addition to global mean sea level, factors such as ocean and atmospheric circulation patterns, gravitational effects, heightened groundwater withdrawals (Konikow, 2011 ). and tectonics along the coast affect the rate of SLR along the califomia coast (National Research Council, 2012). SLRimpactsalong the California coast are a substantial concern because the majority of the State's population (-34 million people or 87~ of the 2014 population) lives In coastal coundes (Crossett et al., 2004; Heberger et al., 2009; US Census. 201 Sb). California also has a long coastline (-1800km. exduding bays, wetlands, and estuaries}, with extensive development in the south, and coastal resources are a major asset in the State (Crossett et al.. 2004; National Research Council, 2012; Arkema et al., 2013). Recent projections indicate that global sea level could rise by-0.5 to 1.4m by 2100 compared to 1990 levels, with similar increases projected for California (Rahmstorf. 2007; cayan et al .. 2008). These increases are unprecedented in modem human history (Cayan et al., 2008). SLR-related impacts on coastal systems can occur in several ways (Wahl et al., 2015). Marine inundation will shift the coastline l~ward, erode be.iches, accelerate cliff failure, degrade some coastal habitats, and potentially damage coastal infrastructure(Dawson et al.,2009; Arkema et al.. 2013; Rotzoll and Fletcher. 2013).SIRcan also contribute to the degradation of coastal aquifers, which have aJready been under pressure in much of California over the last century due to excessive water extraction and persistent and severe drought (Hanson et al., 2009; Nishikawa et al., 2009; Barlow and Reichard, 2010; Gibbs, 2012; Kostigen, 2014). Saltwater intrusion into freshwater aquifers in California coastal regions has been attributed predominantly to groundwater overdraft, especially in southern califomia (CA DWR. 2003; Zektser et al., 2005; Hanson et al .. 2009; Nishikawa et al.. 2009). However, recent studies have demonstrated that SLR also could contribute to saltwater intrusion in coastal regions by raising the interface between intruding saltwater and overlying freshwater (Werner and Simmons. 2009; Rotzoll and Fletcher. 2013). SLR is also expected to impact surface water via saltwater intrusion to deltas, which could have practical implications (CA DWR. 2015). For example, the amount of Delta water exported to southern California is expected to decrease by 21-25% by 2100 due to climate change impacts, including SIR (CA DWR. 2009). Average annual califomia snowmelt is predicted to decrease by-15 to 60% for temperature increases oft to 4 •c, which would change the patterns and timing of surface runoff and impact recharge to coastal aquifers (CA DWR. 2009; CA DWR. 2015). In addition, extreme climate-associated events are projected to increase in frequency and intensity with climate change, which could exacerbate the risks of transient SIR-driven groundwater emergence and shoaling impacts on humans, coastal habitats. and infrastructure (Cayan et al .• 2008; Miller et al., 2008; Heberger et al., 2009; Mastrandrea and Luers, 2012). Where shallow unconfined aquifers occur along the coast, more frequent and extensive wave runup and overwash will increase recharge from seawater. increasing groundwater levels over longer timescales. Shallow coast.al groundwater can occur in a variety of geologic settings, and may occur as shallow saline aquifers that either are in direct contact with the ocean or are recharged by intermittent overwash and infiltration during high tides and high wave events, or as brackish to fresh aquifers where there is significant freshwater recharge. Where unconfined fresh groundwater is in contact with underlying seawater, the fresh groundwater Hoats on the higher-density seawater, and the average elevation of the water table will be above mean sea level. The incre~d groundwater elevation due to Hoating freshwater is very small near the coast, but increases inland as the thickness of the freshwater lens increases. For the purposes of this study, the additional elevation due to freshwater is not considered because the very low topographic areas that are vulnerable to groundwater emergence all are very close to the coast. Near the coast, especially in relatively permeable substrates, both the seawater and saline or overlying fresh groundwater respond to tidal forcing, with the magnitude of the response diminishing inland from the coast (Cooper et al .. 1964; Freeze and Cherry, 1979; Rotzoll and Fletcher, 2013). SIR and tidal forcing will cause the groundwater t.able to rise in these areas. and in low-lying areas the water table could approach and ultimately rise above the ground surface. In undeveloped areas this could expand existing. or create new wetlands. but in developed areas this could present serious problems (Rotzo\I and Fletcher, 2013 ). Even where the water table does not rise above the land surface, groundwater at shallow and intermediate depths (e.g., <2 m depth). could present significant challenges to the maintenance of existing infrastructure and to new development. Consequently, groundwater shoaling and emergence in response to SIR is a potentially significant concern for low-lying coast.al communities (Bjerklie et al .. 2012; Rotzoll and Fletcher, 2013 ). Several recent studies have investigated climate-change and SLR-associated marine inundation threats to coastal habitats and infrastructure (Dawson et al., 2009; Heberger et al.. 2009; Arkema et al .• 2013 ). but the potential impacts of SlR-driven groundwater inundation on coastal areas of california have not been systematically addressed. Existing studies in Hawaii and Connecticut have shown that SLR-driven groundwater inundation could be substantial and could even exceed SIR-driven marine inundation in low-lying coastal areas-for example, SLR-driven groundwater inundation is expected to account for 88% of the total flooded area in Nuuanu, Hawaii under a 0.66 m SLR scenario (Bjerkhe et al.. 2012; Rotzoll and Fletcher, 2013 ). However, these studies were perfonned in geologic and hydrologic settings that are very different from the complex geology and hydrology along California's coast. so results from these studies provide little insight into the potential vulnerability of Please ate this amdc in press as: liloover, DJ •. er .tl~ Sea..revet rise and coastal pundwater inundation and shoaling at select sites in Clllfomia, U5AA J. Hydro!.: Reg. Stud. (2015 ). http://dx.do1.org/t0.1016/j.ejrh.2015.12.05S FJRH-219; llluf~16 4 DJ. Hoovn-et aL I journal of Hydrology: Rqional Studies X10C (2015) IOOC-IOOC 2. ~ornb coutal bydrologic regions~ study sites California's coast is divided into four hydrologic regions (HRs): North Coast, San Francisco Bay, Central Coast, and South Coast (CA DWR. 2003; Crossett et al., 2004). These HRs differ in substantial ways, including climate, geology, hydrology, and population. 2.1. North Coast HR The North Coast HR covers-50.400km2 and has a coastlineof-550 km. It is the least populated of the coastal HRs, with only -2% of the St.1te's total population (CA DWR. 2003; NCRWQCB, 2011 ). It has 63 groundwater basins (and sub-basins) covering -4140km2; two of these basins are shared with Oregon (CA DWR. 2003). It is divided into two major natural drainage basins; the Klamath River Basin {-28,050 km2) and the North Coastal Basin (-22, 170 km2)(NCRWQCB, 2011 ). The North Coast HR receives the greatest precipitation and has the most abundant water resources of the 10 California HRs (Fig. 1) (CA DWR. 2003; CA DWR. 2013b). Annual rainfall within sub-basins ranges from 25.4 to over 250cm (Fig. 1). The coast is generally foggy and sparsely populated due to its rugged terrain (CA DWR. 2003). Despite covering only-12% of the total area of California, it accounts for -41% of annual surface runoff in the state, contributing to replenishment of surface reservoirs and groundwater aquifers ( NCRWQCB, 2011: CA DWR. 2013b ). In the North Coast HR. we examined the potential SLR response of the unconfined groundwater aquifer in the coaSt.11 plain of Arcata (Fig. 2). Arcata had an estimated 2014 population of 17,730 people (US Census, 2015a). The Arc.ata groundwater basin is primarily underlain with alluvium that is composed of clay, gravel, sand, and silt {Evenson, 1959: CA DWR. 2013 b ). A detailed discussion of the geology of the Arcata area can be found in Evenson ( 1959). Groundwater is used for agricultural and domestic needs (Evenson. 1959; CA DWR. 2003, 2013b ); groundwater from the two northern wells in the study area is used for agriculture, while the southern well is for residential use. A conceptual numerical model of the potential impacts of SLR on groundwater was developed by Willis(2014 ), but is limited to predictions of generaJ changes in maximum groundwater head and potential saltwater intrusion Impacts along a single idealized cross-shore transect under a variety of aquifer and SLR conditions Our study area in Arcata is limited by the areal extent of the available well data and covers only a small fraction of the Eureka Coastal Plain groundwater basin; as a result our analysis should be considered indicative of the type of behavior expected in this sYstem but may not be applicable to the full aquifer. 2.2. San Francisco Bay HR The San Francisco Bay HR is the smallest HR in California, covering -11,655 km2• Despite its small size, it has the second largest population among the HRs. with several major dti es, including San Francisco, San Jose, and Oakland (CA DWR. 2003 ). The region imports-70% of its water and gets the remaining 30% from local sources (CA DWR. 2013c). lt has 28 recognized groundwater basins covering -3,6001an2 {-30% of the HR). Groundwater accounts for -5% of water used in the HR. and less than 1% of the state's total groundwater use (CA DWR. 2003). Despite this, land subsidence attributed to groundwater extraction has been reported in the Santa Clara Groundwater Basin, which surrounds the southern lobe of San Francisco Bay (Fig. t ) (CA DWR. 2003; CA DWR. 2013c). In this study, we examine the potential impacts of SLR on groundwater in Stinson Beach. SUnson Beach (Figs. 1 and 3) is a small coastal community located -30km north of San Francisco. The watershed has an area of-29.3 km2 and is 95% conservation land. Development is mostly within 100 m of the coastline and is mostly residential (de Sieyes et al., 2008 ). It has a Mediterranean climate and receives annual rainfall of 60-t 20 an, primarily between October and April (de Si eyes et al., 2008; de Sieyes. 2011 ). The unconfined aquifer in Stinson Beach is composed primarily of beach and dune sands; groundwater in the aquifer is a mixture of native groundwater and inputs from residential wastewater treatment sYStems. Potential contamination of groundwater from wastewater treatment sYstems is a concern in the area (de S1eyes et al~ 2008 ). The area contains numerous ephemeral streams that discharge into the ocean during the wet season, mainly through Solinas Lagoon (de Sieyes, 2011 ). As for our Arcata study site, our study area in Stinson Beach is limited by the areal extent of the available well data and covers only a fraction of the watershed and associated groundwater aquifer; as a result our an.llysis should be considered indicative only of the type of behavior expected in the coastal sand and spit portion of this or similar watersheds. 2.3. Central Coast HR The Central Coast HR covers an area of-29,300km2 in central California (Fig. t. CA DWR. 2003; CA DWR. 2013a). It has 50 identified groundwater basins, with an area of-9,687km2 (-33% of the HR) (CA DWR. 2003). The Central Coast HR is home to -4% of the State's population and uses groundwater to meet -80% of its domestic, municipal, and agricultural water demands, making it the most groundwater-reliant HR in the state (CA DWR. 2013a). Though it receives only moderate rainfall {Fig. 1 ), its economy is heavily reliant on agriculture and viticulture (CA DWR. 2003; CA DWR, 2013a). Potential environmental issues in the region include groundwater overdraft. seawater intrusion, water quality degradation, and flood risk{CA DWR. 2013a). P.lease cite this artide in press as: Hoover. DJ .• et al., Se.1-level rise and coasul groundwater inundation and shoaling at seleC!t sites in California. USA.j. f:l.ydrol: Reg •. Stud (20tsi http:/fdx.doi.org/t0.1016/j.ejrh.2015.12.055