··04/19/10 - City of Palo Alto

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

··04/19/10 Note: Documents for every category may not have been received for packet

reproduction in a given week.

City Council Members and City Manager Chris Edley, UC Berkeley Law School Dean says: "Budget discipline is a very difficult thing. Particularly in a crisis like this, there needs to be sufficient top down leadership to get the job done. Nobody is going to volunteer to make the kinds of cuts or changes that are required. We need to identify a couple of changes likely to prove very desirable and focus on them". This relates to modifying an operational budget change in the U.C. system. Here a clue for solving budget issues. It is a prescription for the budgetary issues facing Palo Alto, San Jose etc. Mayor Reid is proposing a 10% pay reduction for city workers to help balance its budget. Santa Barbara Cnty cut 1.5% of its workers ; it has frozen management salaries since 2008. UCSF is proposing a 20% pay cut for its nurses now. L.A. authorized 4000 workers cut on top of the 2400 opting for early retirement to reduce a $200M gap from its $4B budget. Its chief of staff, Matt Szabo says: II Unions have effectively priced themselves out of a job" As a VITA volunteer, I helped less fortunate wage earners in our area by helping with their 2009 tax returns. !saw yearly wages. Eg: a college grad with a B.S. business(UCSB) and a M.S. works in R.C. and earns ~$46K/yr. She saves ~$8K for retirement and - $3K for SS , with -$36K/yr to live on. She was not the only person with such a salary. Compare this to $72+K/yr for our street sweeper; $83K/yr for a legal secretary, $83K/yr for an Exec. Asst.( Sect.) in Palo Alto. Such salary comparisons are truly mind-boggling. We thank the Post for revealing these previously mysterious salaries; We are irate at the pay/benefits given toPalo Alto workers. As an experienced manager, with a PhD and an MBA, I do know well how to develop products and balance budgets. P.A. residents. pay -4 X the wholesale cost for gas or water and fill P.A. coffers to compensate workers with excessive highly wages/benefits. No P.A. worker struggles to tum out a product competing with BRIC countries. How do we justify such salaries? We now reflect on the size of California's problem; a Stanford study shows -$350B is needed to fund retirement benefits for state workers. This equates to -$1 OM! resident of California. Or $5M! person for a -50% funding of that budget. Wow!! We don't have that money for them. I will leave you with a copy of some articles, One is : "Cash Poor Cities Take On Unions" Sincerely William Landgraf

Davis, Phyllis

From: Holly Welslein [[email protected]

Sent: Monday, April 12, 2010 11:59 AM

To: Council, City

Honorable Councilmembers.

Page 1 of 1

/dV(L -unPR 13 AN 10: 55

My name is Holly Weistein and over the past 6 years I have been following and participating in discussions of library policy, initially as part of the College Terrace Library Working Group, which was formed in 2005 to promote the branch library system and support College Terrace Library in particular.

,- , i

One of the budget reduction optl.ons listed in CMR:208:10 is to delay the re-opening of College Terrace Library by an additional eight months to July 1, 2010, for an estimated savings of $74,000. As you consider the options before you during this very difficult budget process, I'd like to point oul several factors to keep in mind.

1. This library branch has been closed since July 13, 2009 for structural renovations and is currently scheduled to reopen on November 1, 2010 for a closure of over 15 months. Library patrons from many neighborhoods, especially .those living west of Alma, are eagerly awaiting the re-opening. If re-opening is delayed for 8 months this means that the library branch will be unavailable for over two years.

2. Later this month the Downtown Library will close for a year for renovations. Mitchell Park Library will be closed briefly this summer before it is relocated temporarily to a much smaller space at the Cubberley Campus in the far south-east of the city. Geographically speaking, the newlY,renovated College Terrace Library would fill a need for library patrons located in the west of Palo Alto. A timely (November) re-opening would surely be a good use of a ready-to-go library branch during a time when one branch is in very reduced quarters and another branch is closed. In order to preserve some of the savings proposed in the CMR, a iimited schedule of 2 or 3 days per week should be considered.

3. There is a very long history of suggestions to permanently close the College Terrace Library. In 2004 a City Council directive to the Library Advisory Commission called for a plim to "improve all library facilities." In 2006 the City Council reiterated several parameters to the Library Advisory Commission as it crafted its final version of LSMAR (Library Service Model Analysis and Recommendations). Library policy and planning in the past 6 years, including passage of the bond measure Ihat is funding a new Mitchell Park Library building is based on this. Parameier one in the final LSMAR - maintain all current library locations. If you uttimately decide that a delayed re-opening of College Terrace Library is essential to resolve the budget Imbalance, it is very important that this not become the "slippery slope" toward a long-term closure.

Thank you for your attention and harq work during this financi~lIy challenging time.

--,--

4112/2010

\-

Davis, Phyllis

From:

Sent:

To:

Subject:

Brent Barker [[email protected]

Monday, April 12, 2010 11:13 AM

Council, City

Budget Issue: College Terrace Library

Attachments: CTRA Library Statement doc

Dear City Council,

Page 1 of 1

.... Itlf2 .... . ................. . -er ~.P,~' I 3 AM 10: 56

We appreciate your efforts to trim the city budget in a thoughtful manner, and the painful choices that will have to be made. Attached.is a statement from the Board of Directors of the

College Terrace Resident's Association regarding the delay in reopening the College Terra.ce Library and our concerns for long-term support of this important city branch. We thank you for your consideration~

Brent Barker President CTRA Board of Directors

4112/2010

College Terrace Residents' Association

2331 Amherst Street, Palo Alto, California 94306

April 12,2010

To: Palo Alto City Council

Good evening, my name is Brent Barker .. I live at 2331 Amherst Street, and I'm the new president of the Board of Directors of the College Terrace Resident's Association. We appreciate the very painful work involved in cutting the city's budget, and we are prepared to· do our fair share.

I'd like to address one specificitem on your list of budget reductions -- the proposed eightmonth delay in reopening the College Terrace Library following seismic retrofit. First, let me

. say that we believe that reopening College Terrace Library is imperative, and its permanency thereafter something we deeply desire. It is the only branch located west of Alma serving the residents of College Terrace, Barron Park, Evergreen Park, Ventura, and many families on the Stanford campus. The College Terrace Library remains a small but critical branch in the distributed library system that became the stated policy of the Council several years ago, a position that was used to underpin the library bond measure.

Second, we believe a limited reopening starting this November might make budgetary sense since this branch is relatively inexpensive to operate and would afford convenient access to many city residents while the Downtown branch is closed and service is reduced at the temporarily relocated Mitchell Park branch during reconstruction.

Preservation of this beloved library has been at the forefront of our neighborhood concerns for many years, and remains such. The neighborhood support is so strong that we could predict an impressive mobilization ofvoluntcers, if that would allow the library to open sooner. I strongly encourage you to re-open the College Tel'l'ace Library as soon as possible.

I thank you for your time and consideration in this difficult time.

Brent Barker President CTRA Board of Directors

r

Page 1 of2

Davis, Phyllis

From: Pat Marriott [pa,[email protected]

Sent: Tuesday, April 13, 2010 10:31 AM

To; Council, City

Subject: PA Budget: Make your voices heard

bttMwww.Qaloaltool)line.com/news/showlltory~rmp?id -16429 Palo Alto see.ks citizen help with 'difficult' budget

The Council will adopt a Final Budget by the end of June. For more information on the City's preview budget, visit http;!/www .cltyofpa loa Ito,OI9/civ icaLfileba nkLblobdload .asQ?BlobI 0 = 19701

The current 2010-11 operating budget (before cuts) is at: ht:J;~Llwww .£itYQfpgloa Ito~I9/civi<::lUli leba nkfblo bd load .asp ?BlobID.= 16681

(See list of proposed cuts below.)

My letter:

Council. Members,

" ,

,,-- .

I'm delighted that City Manager Keene is serious about cutting the budget. No matter what cuts he proposes, residents will be up in arms, but I urge you to support him in taking big steps toward a sustainable budget.

I don't agree with all his proposals. No one will. But I do realize that it's time for structural changes.

For your consideration:

1. I'm concerned about any cuts in public safety, but I don't really know what staffing levels are required in those departments.

2. I think the city should pay for sidewalks because it's a basic public safety/infrastructure issue. Some sidewalks buckle from city tree roots. .

As Mayor Burt said in his State of the City, " .. , community efforts won't be able to meet our less glamorous but essential needs. To that end, later this year I intend to appoint a task force of top professionals from our community to develop ,a comprehensive plan for the repair of our infrastructure from our roads and sidewalks to our major buildings."

I would much prefer the city fund sidewalks and cut non-essentials like the Children's Theater ($1,159,421), the Jr. Museum & Zoo ($1,132,310), the Art Center, the golf course. These are all nice-to-have services, but serve only a small part of the population. Let the Friends make up the differences, let them become self-supporting, or let them be taken over by private groups.

3. Would it make sense for the city to charge for the free shuttle and provide vouchers to those who cannot afford it? I understand that most of the passengers are kids going to school, which is a good thing because It keeps cars off the roads. Let those who can pay subsidize those who can't.

4/13/2010

Page 2 of2

4. Public art: I think Los Altos allows artists to put pieces on public view for some period of time. Great exposure for the artist, no cost to the City, revolving exhibits for the public.

5. The IT department needs an audit. The $8M price tag for online utilities billing is outrageously high.

I hope Council will stand up to the unions. Salaries, benefits and pensions are already bankrupting the state.

r hope you will not give In to residents complaining about cuts to programs that benefit only their special interests. With all the press about the national debt, California's deficit and bankrupt cities, It should be obvious to everyone that the city can't afford all the services It now offers.

Finally, I hope you will not try to balance the budget with Increqsed utility rates.

Thanks for listening.

Pat Ma rriott

POSSIBLE CUTS

Palo Alto Is facing a bevy of potential budget cuts as It tries to close an $8.3 million budget gap. Here are just a few of the options under consideration, along with the expected savings, according to a"prevlew budget" released by CltyManager James Keene this week:

Proposed cut Layoffs* Savings • Eliminate police department's traffic team 5 $894,000 • Contract out custodial services 5 $540,000 • Shift sidewalk repair costs to reSidents N/A $500,000 Reduce budget for vehicle replacement

N/A $483,000 • Eliminate seven administrative pOSitions 7 $462,000 • Contract out tree triming services 4 $386,000 • Eliminate three planning department staff 3 $382,000 • Eliminate police department's fraud investigators 2 $377 ,000 • Eliminate school crossing guard funding N/A $345,000 • Contract out print and mail shop services 3 $269,000 • Eliminate building maintenance services 3 $230,000 • Contract out golf course maintenance 7 $236,000 • Close libraries on Mondays and cut hours 2.5 $215,000 • Eliminate one community services manager 1 $185,000 • Contract out maintenance of Mitchell and Rinconada parks 4 $147,000

Delay reopening of College Terrace library N/A $74,000 • Discontinue twilight and brown-bag concert series N/A $27,000 • Reduce shuttle services N/A $196,000

*Full-tim,e equivalent SOURCE: City of Palo Alto staff report released on Thursday

4113/2010

Davis, Phyllis

From: Sent:

robertlmarycarlstead [[email protected]] )~':!;-~< -Fnday, April 09, 20103:47 PM %4P.') 12

To: Cc:

Council, City . -" 1\. Ai~ 10: 13 Keene, James; [email protected]; Emslie, Ste~e; Roberts, Glenn

Subject: Don't go there :"Ir\.' i":'I'~;Lt,j\'L[; ~ , I 1';/\ '(t!;r q ,<:: ("_' _

. ·· .. n ~ ,,;I ICE

To Members of the Palo Alto City Council:

According to the morning paper, the Council will consider the 2010-2011 budget on Monday night. Some of the items are ones that caused major anger and vocal uproar several years ago like charging to get into the Baylands, parks. Foothill, and the Arastradero Preserve. You would have to hire people to collect the money plus pensions and benefits. Don't go there unless you want residents to get really angry. Staff has frequently thrown in these 'zingers" to get the residents upset and vocal, and it took attention away from other more obvious places to cut in the rest of the budget. It's an old ploy. Don't fall for it. You will save a lot of 'speaker time" at future city council meetings. Most of the staff proposing these fees don't even live here. !! Don't go there.

At a time when the firefighters and staff want salaries and benefits that many in Palo Alto, especially retirees, many families, low income, BMR and ABAG residents could only dream of, staff is proposing to take away the ordinary recreational opportunities 'for the masses'. The disabled and those without autos depend on the shuttles. Ten percent more to use the paramedics? Right now it costs $800 plus to go from the Palo Alto Clinic Urgent Care to the Stanford ER and that's only one-sixth of a mile. Even with insurance, the cost gets burdensome. And who knows how much will be cut from Medicare payments leaving seniors to stress over the rest of the bill. Don't go there!!

Cutting long time golf course maintenance workers is a very bad idea. Let that course go downhill and the revenue goes with it. Years ago the Mountain View Shoreline Golf Course outsourced its maintenance and management. There was a scandal involved, the course went downhill dramatically, and finally Mountain View took it back and built it to what it is today. Don't go there.

Making residents repair city-owned sidewalks in a city of trees - and tree roots is extremely unfair .. The majority of problems are from city-owned trees. How does the city propose to help seniors on fixed income pay for something that is not their responsibility? What will homeowner insurance companies rule if someone falls? Will our homeowner's liability insurance go up? Families with K-12 children are stretched and expected to contribute to Partners in Education, pay PE fees, and another higher parcel tax? Don't go there. Those with children in college are 'stressed out'.

So who is going to do the building maintenance? If buildings deteriorate, it's hard to get

1

back in on track - like your own house. Don't go there either unless council wants to push a broom or clean a bathroom.

Clean up the SAP mess in the IT Department. The inefficiency and problems are legendary. It's no secret. No one has dared to look at the SAP contract and ask questions. BLit too many employees know and are afraid to say. Get an outside opinion on the SAP situation. That's a good place to start. Begin by asking questions. Maybe staff will tell you that "It doesn't work efficiently' ,and it is very costly.

The threat of HRS, overcrowding, escalating traffic, skyrocketing utility bills, school problems, terrible streets, constant wrangling, deteriorating infrastructure, panhandling. Teil us whatwe are getting for our money. Give us six good reasons to live her other than the weather and the PAUSD. If it is feeding the trough of escalating employee salaries and benefits, that is not a good argument to stay here. If this is no longer an enjoyable place to live and retire, there is no reason to stay. I've almost turned the corner on this after forty-fiv.e years, and I'm getting there.

When you punish the residents for existing, living, retiring in Palo Alto by stripping them of the usual recreational and civic services for a normal residential life, the resentment will just g row- as it is doing ~ into a civic rage. As a city, we're getting there.

Mary Carlstead 147 Walter Hays Drive Palo Alto, CA 94303-2924 (650) 326-1794

2

Page I of 1

Davis, Phyllis

From: kevin coleman [[email protected]]

Sent: Saturday, April 10, 2010 12:10 PM AM 10: 12

To: Council, City; City Mgr

Subject: City of Palo Alto Budget and excessive cost olthe PAFD

CHY OFFICE

Dear City Council Members and City Manager,

This message pertains to the City of Palo Alto budget issues, with a focus on the expense of the Palo Alto Fire Dept. I have lived in Palo Alto for twenty five years and have been a homeowner's for over twenty years. I think Palo Alto is a wonderful town. However, it is clear we have challenges and one of the biggest current challenges is coming up with a reasonable budget. A significant parI of the City of Palo Alto's budget problem is a direct result of excessive spending on salaries, benefits and retirement. I enjoy Palo Alto's parks, recreation opportunities, libraries, and similar services. But I believe the unions have caused the cost of the staff to be far outside the bounds of what is reasonable. 1 would urge you to take a strong stand in negotiations with the unions to bring the salaries and benefit packages back down to the levels that supply and demand would dictate. I would not mind a disruption in services ifit was required to be more effective in negotiating with the unions.

I am particularly frustrated with the cost of the Palo Alto Fire Dept, the arrogance they display, and the misinformation they distribute. There is an incredibly high demand by workers for positions in Fire Depts all over the state. There is no reason that the citizens of Palo Alto should be paying the lavish salaries and over time that the Palo Alto Fire Union is demanding and receiving. At a strategic level I believe the operation of fire depts in general needs to be changed. Cities should think about regional solutions, contracting to private services, and/or combining police and fire depts in to public safety depts that use time and resources more effectively. It is ridiculous to have individuals receiving such excessive compensation for such little ellort. At a tactical level I would urge the Palo Alto City Council and City Manager to take a firm line with the Palo Alto Fire Dept. In the immediate future I would like to see the following: I.) PAFD staffing reduced a minimum of20% 2.) PAFD salaries reduced 20% or more

I would also like to see more productivity out of the PAFD and less waste of taxpayer $'s. Why is it that more often than not when 1 go to Costco or Safeway there is a PAFD truck parked in the red and 3-4 employees in uniform, cruising the aisles. It is clear that they don't have enough to. Why can't they purchase personal supplies on their own time and bring the supplies to work (like every other type of employee would do). Ifthey really feel they are entitled to "shop" while on the city payroll, they should be required to send one employee in a small vehicle. They shouldn't be cruising around in a fire tmck to do their shopping.

I could go on but 1 think you understand my message. I strongly support the City to be firm with the unions (especially the PAFD) to restore a balance between the pay and the market for services. 1 would be fine with a disruption in services if that is required to convince the unions that they need to be more realistic in their negotiations. In the longer run, I strongly suggest the city of Palo Alto find a more cost efIective solution to the existing PAFD operation.

Sincerely,

Kevin Coleman 916 Addison Ave

4/12120 IO

ICOUKCIL,~~ETING '1 '!i

I r .i-ReCeived ~~Meeting .:~ .'>--~

Preview of the City Manager's Proposed Budget for

Fiscal Year 2011

City Council . April 12, 2010

1

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hree-Year View

$0 $1.1

. *1 ncludesdeferred trimsfi3rof.l> ... o llibi1fromthe GF.·tn.thQT"'i>h

3

, •

General Fund Summary

Projected Budget Gap (as of 4/5/10) ($83)

Total Proposed Cuts ($7.4 ongoing, $1.1 onetime) $8.5

New Revenue and Revenue Increases $0.9

Proposed Budget Balancing Solutions $9.4

Additional Budget Balancing AltemativeslNext Tier $0.9

Total Proposed Budget Solutions $10.3

Pending Other Revenue and Reductions $1.0?

Total Potential Solutions for Finance Committee Review $11.3* * Provides $3 million more than needed/or decisionflexibility.

4

Budget Balancing Strategies

1. Areas where costs could be reduced and the level of service would stay the same

2. Areas where costs could be reduced and the service would be" performed at a reduced level

3. Areas where the cost of providing the service could be shifted to residents or participants

5

,

1) Areas where costs could be educed and the level of service ouldstay the same . Division Manager - CSD (1 FTE) Printing/Mailing - majority (3 FTE) Golf course maintenance (7 FTE)

. . Park maintenance for Mitchell Park and Rinconada (4 FTE)

• Custodial Services (3 FTE) Tree Trimming (4 FTE)

6

2) Areas where costs could be reduced and the service would be performed at a reduced level

• Traffic enforcement

• Shuttleservice

• . Library hours

•. Admin staff support

7

3) Areas where the cost of providing the service could be shifted to residents or participants

• Sidewalk repair

• Park access fees

• School Resource Officer

8

Full Time Equivalent (FTE) Reductions

.. Total Reduction Percentage

General Fund 622.51 (50.50) (8.1%)

Enterprise Funds 356.24 (0.10) - (0.03%) - - - ------------------------ -----

Other . FundslIntemal Service Funds 76.6 (5.90) (7.1 %)

Total 1055.35 (56.50) (5.4%) I ---------

9

,

I

Temporary Position Reductions (FTE)

- - ---

Total Reduction Percentage

General Fund 41.71 (8.71) (21%) -------- ------

Enterprise 12.34 (9.33) (76%) ------- ------- --- ------

Other Funds 20.59 (0.48) (2%) ------- ------

Total 74.64 . (18.52) (25%) - --- --- ------- -------

I

10

Additional Budget Balancing Alternative sIN ext Tier

• Additional reductions $0.9 million (6.48 PTE)

• Parking control

• Graffiti removal

• Arts and Culture

• Parks and Open Space

• Facilities Rehab

• PlanReview

11

,

Other Reductions and Revenues

• Red light cameras

• Vehicle replacement reductions

• Regionalizing service

• Pull cost recovery policy

• ,? (Potential $lm)

12

Budget Timeline April 12

April 23-June 5

May 3

May 6-June 8

June 21

June 28 June 29,30

City Manager presents overview/preview of Proposed Budget to Council in a study session

Community outreach on proposed budget City Manager introduces Proposed Budget to Council

Finance Committee budget hearings Council budget review in consideration of recommended changes Council budget adoption Council budget adoption, if needed

,

13

Next Steps

• From late April through late May, community outreach on the budget

·(C]tw Manager's Proposed Budget presented May 3

14

Where does' a General Fund dollar go?

Fire 17%

Communlt;y Services 15%

Palo Alto. like other cities. uses various funds to track specific -activities. The General Fund tracks all general revenues and governmental functions including parks. fire, police, libraries, planning, public works, and support services. These services are supported by general City revenues and program fees. Enterprise Funds are used to accoul)t for the City's utilities (including water, electriCity •. gas. wastewater collection and treatment, refuse. and storm drains) and are generally supported by charges paid by users based on the amount of service they use.

Library - 4%

AdmlnlstratJve Departments

12%

The pie chart _to the right shows where a General Fund dollar goes .. The table below shows more detaiL In FY 2009, the City's General Fund expenditures and. other uses of funds totaled nearty $141 million. This included $15.8 million in transfers to other funds (including $13.6 million for capital projects and $1.1 million for debt service).

'=: Planning and Communit;y

environment 7%

Operating Transfers Out

11%

Police 20%

5% Total General Fund uses declined from $142.4 million last year to $140.8 million in FY_2009. Over the last five years, General Fund uses of funds increased 19% (some expenses were transferred to other funds), higher than inflation (12% over the same five-year period).

Public Works 9"A.

Source: FY 2009 expenditure data

General Fund operating expendttures and olher uses of funds (in millions)

Planning and Operating Administrative Community Community Public Non- Transfers Departments' Services Fire library Environment Police Works Departmentai' Our TOTAL'

FY2005 $15.2 "w,;:'$19.1foS./ $19.1 $5.1 $9.1 $22.5 $11.0 $8.6 $8.2 $118.0' FY200S $15.3 $19.5 $202 $5 .. 7 $9.2 $24.4 $11.3 $13.6 $8.0 $127.1 .F)( 2007 $15.9 $20.1 $21.6 $5.9 $9.4 $25.9 $12.4 $8.5 $12.7 $132.4 FY 2008 $17.4 $212 $24.0 $6.8 $9.7 $29.4 $12.9 $7.4 $13.S $142.4 FY 2009. . $16.4 &,1,3,"$21 i$~~;"~\S;1~tW $s:2j,) ~ ,ie.' $9:9: {'>"~.';$2~3·;:(:;Y'",:.; $1 ~~:rCt~':i;';;if$6:8~-.\~i';': ~:$15.8 ." " $14o.s

Change over '. .'i . . . last 5 years: +8% m.l,g}-,- +11% +23% +22% +9% +26% +17% - -20% +92% +19%

, Includes the City Manager. City Attorney. City Cieri<. City CounCil, City Auditor. Administrative Services Department, and Human Resources Department. , Includes payments to the Palo Mo Unified School Dist~c! as pert of the Cubbeney lease and covenant 00110 develop ($S.55 million in FY 2009). , Includes transfers from the General Fund 10 the Capital Projects· Fund. 10 the Retiree Heallh Fund, and debt service funds. 4 Does not include FY 2005 transfer of the Infrastructure Resillve ($35.9 million) from the Geneia" Fund to the Capttal Fund. S Expenditures shown in the Comprehensive Annual Financial Reports include appropriations. e~umbranc$' and other adjustments to the budgetary basis ..

.",&~~ .:$ 3. I f '(.3 -r If £8 :; '10./

~/~.f% 3,/ r;?tf' ...ll s.:3 If> /, r -I- It -g:2.tj ";. 111. 8

Enterprise Fund

operating expenses

$162.6 $183.7 $190.3 $215.8 $229.0

+41%

,

Page 1 of 1

• . Davis, Phyllis

From: Caryn [[email protected]]

Sent: Monday, April 05,20102:00 PM

To: Council, City

Subject: supporting a feasibility study for dry anaerobic digestion

I urge you to conduct a feasibility study to investigate use of dry anaerobic digestion for waste Caryn Huberman . 567 'Lincoln Avenue Palo Alto, 94.301

--,-,

4/14/2010

Davis, Phyllis

From: Sent: To: Subject:

thomas jordan [thomasjordan474@comcastnetJ Thursday, April 08,2010 7:05 PM Council, City Byxbee Park Decision

,\(l',~~: 'J'tn (;I [Y :'!!;HI,GER'S OFF ICE

Council Member Schmid made a most interesting point last Monday night that deserves repeating: If eight acres of City owned land is removed from park dedication, all eight acres immediately assume full fair market value at the highest and best use comparable to nearby parcels. The value could easily be in the $2S-3SM or more range based on values of nearby land along Embarcadero Way according to the information presented to the Council by Director Roberts recently. The City's existing policy about City resources being used by Enterprise Fund activities is to charge them full cost of the facilities. The reason is that the City could get that rent by renting to businesses, so should not lose money because the Refuse Fund, say, is using the land. Since the City is currently charging $100,000 an acre a year for the two closed landfill areas that were closed in 1992 and 2000 respectively and have been fenced since they were closed and since those two parcels are dedicated park land and since the City says that that is only half the rent the City should get even on dedicated park land, the rent for the eight acres could easily be $600,000 or more per acre per year, for a total annual rent of $4,800,000 or more into the General Fund. That full rent amount should be provided to the finm doing the Feasibility Report so that they can use it in their annual costs to compare to the cost of taking the material to other places where the land costs are not so high and compute the amount the City's garbage customers will have to pay using the City site compared to other out of City sites. The garbage customers will be very interested in the result. The City will certainly take that rent money and happily add it to the General Fund. Good news for the City and bad news for the garbage customers. Please expressly direct the Director of PubliC Works to give that full figure to the consultant. The figure is, after all, computable with facts currently known and need not be estimated. If you do not expressly direct that this amount be given to the consultant, the Director may forget. He will, after all, be the City's contact with the Consultant, from whom the City expects to get an objective unbiased report upon which a multi million project will be considered. Since the Council majority voted to spend money the City does not have to pay for the Report, it should be, at the least, a full and honest Report with the good of the citizens in mind, not the size of the payment into the General Fund. Respectfully, Tom Jordan

1

90 :2,\ Hd 6- ad\! 01

J .1 :'.~ ":: " i>' .; _i -,_- ~,

, F

• The following items are either not included in the Outline prepared for Councilor are more detailed

that those in the Outline. ~OUiflUl~trING

Revised Draft Program EIR [ 11laceil B"foJ"e Meetlng _ Received lit Meoting

Chapter 2: Project description

The impacted area should be congruent with the affected area, not simply be "within 50 ft of either side of the existing corridor." The affected area of various impacts may well differ. For example, the noise from elevated trains would affect a larger area than the noise from trains in a trench. One size area does not fit all impacts. Make the area studied as large as needed to fully analyze each individual impact for each alternative.

"There are 168 known cultural resources." What are these resources? How will each be affected? If affected, how mitigated?

2008EIR

Volume 1 " Section 3.4 - Noise

Noise level: The impact needs to be determined separately for each of the altematives. FUithermore, if there are mitigations such as sound walls, the resulting.noise level with the mitigation needs to be determined for the entire affected area. An aerial viaduct with sound walls would likely significantly impact residents on Bryant and Waverley as well as Castilleja and Madrono.

Duration of noise: This element as well as the dB level should be considered. Since the number of trains will increase greatly, the percentage of a given period with increased noise will al so be greater. Based on the. projected number of Cal trains and HSR trains, how much will the duration of noise increase per given period?

Miscellaneous

Aerial Viaduct alternative: How will the area under the viaduct be treated? Fenced? Planted? Used for a parking lot? What entity will be responsible for maintaining any landscaping and removing litter and graffiti under the viaduct? How much will this upkeep cost? Is this expense item included in the revenue projection? Will any of the cost be bome by the cities?

Local transportation: Since Caltrain will only have two tracks throughout the corridor, the popular baby bullet trains will be eliminated. What will the impact be on Caltrain ridership? What will the impact be on vehicle trips within the corridor?'

If any section of Alma is reduced to two lanes, what will the impact be on travel time on Alma? What will the impact be on Emerson? Waverley? EI Camino? .

Since the original plan stipUlated that Caltrain will continue operation during construction, will Alma be impacted? If closed, what will the impact be on Emerson? Waverley? EI Camino?

Gail Woolley April 12, 2010

April 12, 20}0

t4n Pringle, Chair Tom Umberg, Vice-Chair Russ Bums, Board Member David Crane, Board Member Rod Diridon, Sr., Board Member Fran Florez, Board Member Richard Katz, Board Member Judge Quentin L. Kopp, Board Member Lynn Schenk, Board Member California High-Speed Rail Authority 925 L Street, Suite 1425 Sa~ramento, CA 95814

. Dear High Speed Rail Authority Board Members,

City of Palo Alto office of the Mayor and City Council

This is to follow up on the invitation I extended during my remarks to you at your . meeting in San Jose last week.

. The City of Palo Alto would be very pleased if you would visit us· so that you could see, on the ground and in detail, the devastating effect an elevated High Speed Train structure would have on us.

Mayor Pat Burt and I would gladly serve as your hosts but we would also involve many other members of our community. We appreciate your consideration of our invitation and look forward to hearing from you.

Sincerely Yours,

~.~J~ Larry Klein Pal6 Alto City Council Member. Chair, City Council Committee on High Speed Rail 6503304744 [email protected]

P.O. Box 10250 Palo Alto, CA 94303 650.329.2477 650.328.3631 fax

•

Mr. Dan Leavitt

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10 M'R 12 AN II: Iii

California High Speed Rail Authority 925 L Street #1425 Sacramento, CA 95814 916-324-1541

Carolyn Jo Horne 4249 Park Blvd.

ICOUNCIL MEETING ¥-12-/0

, M Placed Before Meeting [ 1 Received at Meeting

Palo Alto, CA 94306 650-858-1464 April 6, 2010

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RE:Comments on Bay Area to Central Valley Revised Draft Program EIR with Carbon copy sent to Palo Alto City Council members

Dear Mr. Leavitt and the California High Speed Rail Authority: '

This letter is to comment on the Draft Program Level Environmental Impact Report (E1R) prepared on the Authority's proposed routing of.the High Speed Rail system in the San Francisco Bay Area. The Authority'S proposed project routing through Palo Alto and through the San Francisco Bay Area Peninsula would have extremely significant and detrimental impacts on the San Francisco Peninsula. Severe impacts that cannot be mitigated would be experienced by me, my family, my neighborhood and by the natural environment. These impacl~ include but are not limited to noise and vibration impacts, dust, dirt, construction impacts, view impacts, business impacts impacts on trees and vegetation, impacts on wild animals and increased public safety dangers. Many of these impacts could be eliminated or vastly reduced by choosing a different routing solution.

I live "on the caltrain railroad tracks" at 4249 Park Blvd, Palo Alto, CA 94306. The damage he~vy construction would do to my home is so severe I do not believe it is possible to "mitigate" it. Eminent domain will not give me the amount of money my home is worth to me. The 'proposed route through the middle of the San Francisco Bay Peninsula would drive homeowners from their homes. Many of us have worked our entire lives to buy our home in Palo Alto. The proposed HSR route through the middle of our homes & town would destroy my home and my way of life.

I believe the law requires the HSR Authority to do a more thorough investigation of routing altematives. You have dismissed without adequate analysis the use of exisiting right of ways along Highway 101 and Interstate 280. When people voted for this project they did not lunderstand you would push this peninsula route exclusively. We thought the Altamont Pass Route and Altamont Alignment to Highway 101 would be the route chosen. Other possible options include ending the HSR train in San Jose. Finally there is the NO BUILD OPTION. If the HSR Authority is not going to seriously consider alternative routes for its project, I recommend eliminating funding for the project and using the NO BUILD OPTION. The law requires you to identify ways to eliminate or mitigate the undeniable impacts of the project and to do this to grcatest degree feasible.

Page 2 Carolyn Jo Horne 4249 Park Blvd. Palo Alto, CA 94306 650-858-1464 April 7,2020

RE: Comments on Bay Area to Central Valley Revised Draft Program ElR HSR Plan, continued

I request that you revise the Draft EIR and recirculate a Revised Draft EIR ·for further review and comment by the public. The revised Draft should study the following alternative routes. Altamont Alignment to Highway 101; Ending the High Speed Train in San Jose; Highway 101 crridor; Highway 280 corridor; NO BUILD OPTION should bu used ifthc Authority is not willing to work with the public. Please DO NOT BUILD YOUR HSR TRAIN through the middle of my home and my neighborhood and my city.

Thank you for taking my comments and concerns into account as the California Environmental Quality Act (CEQA) requires. Remember one letter one vote. Please listen to what the public is saying. We do not want your HSR train running through our community.

Sincerely

Carolyn Jo Horne

Cc: Palo Alto City Council Members, Senator Joe Simitian, Senator Barabara Boxer Senator Diane Feinstein, President Barack Obama, Anna Eshoo, Arnold Sehwarzenegger, Ira Ruskin, Diane Harkey

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Options and a Timetable Page 1 of3

Davis, Phyllis

From: galen [denzen@umlch,edu}

Sent: Monday, April 12, 2010 5:14 PM To: [email protected]; Council, City; HSR

Cc: PA Palriot: galen; Dave Price; Gennady Sheyner; Mike 8rady; Sharon Kyle

Subject: Time for a Referendum on HSR!

If the legislature won't kill this beast, I think a new vote Is our best option. Look at it fi'om their perspective: What's their biggest nightmare scenario? ".a new vote that nullifies the previous ballot measure. Sure, it would be expensive, but it'll be a hundred thousand times more expensive (one million versus one hundred billion!) if we don't stop this madness now before it's too late.

Best regards -- galen

Martin Engel wrote:

For those of us on the Peninsula, below, FYI, is a tlmeline of what we can expect. -'0

Also, for us on the Peninsula, here are two major options to consider.

Retained-fill wall or singte tunnel? 0 ,,-It looks like the rail authority still Intends to go after an elevated, retained-fill wall with four tracks on top running though mid-Peninsula. However, they have stated in the "Preliminary Alternatives Analysis" the option of a single, hlgh-speed-train-only two track tunnel. Rail authority leaders have affirmed that this option is definitely on the table, Presumably, they would leave Galtrain and Union Pacific at grade, running on the current two tracks. However, there would be no need for grade separations, even though Gallraln wants those. An immediate qu<;!stion arises about what the rail authority would and wouldn't pay for. (Another question Is whether you can truSt them about this or are they still pulling our chain.)

One of our opportunities would be to fight for this; to get together and agree that will be our best, realistic option. Only by getting all our ducks in one row, so to speak, do we have a remote chance of obtaining this alignment. The rail authority will in.slst thatwe pay for it. I don't know what they mean by "it." Are we obliged to pay the per mile ~ts of tunneling, or only the difference between a retained-fill wall and tunneling?

And; lithe latter, do we also deduct alilhe costs that would necessarily accompany a retained-fill wall,like shoofly tracks, eminent domain taklngs,and temporary construction easement takings? Would the cities, such as the PGG members, involved In thiS tunneling be willing to, say, float a bond Issue to cover the cost difference:?

My own position is that we demand this alternative but refuse to pay even more than we are obliged to pay already through massive tax-based contributions at the local, state and national levels. Our position should be that their tunnel Is the cost of doing business on our rail corridor. I would also persist in demanding rent fOr the use of our rail corridor.

Let's call this the "Do It right" alternative .

. A Voter Referendum:

Another opportunity WOUld be a voter referendum to revoke the election results of Proposition 1A of 2008. GOUld we all get together behind this idea and support it with time, work and money to make It happen? .

It is certainly possible but requires major support not only from us on the Peninsula, but from others in the Bay Area and from the LA Basin voter population.

Let's call this the "Don't do It at all" alternative.

The main point is that whatever strategy we pursue, we all, regardless of our differences, need to get behind it and push; we need as many people involved as possible to be as active as possible. We can't debate the merits and shortcomings of these ideas until the day the bulldozers arrive on our doorstep.

If I was involved in CSS, as many of our local politicians are, I would urge a strong commitment to one agenda

411 3/201 0

Options and a Timetable Page 2 of3.

or the other.

We have metthe enemy, and they is us:

As far as I can see, our biggest self-imposed draw-back is our inability to agree on anything. We are still actively pursuing a·broad array of options, believing that we are on the right track with each alternative. We each believe that we are right, and everyone else is wrong. That's a recipe for failure.

Continuing that dynamic is self-destructive, despite its appealing free-speech democratic dimensions. Based on last wee~'s CHSRA Board meeting, it should become clear that we cannot win the support of the legislature, and we certainly will not convince any Board'or staff member of the rail authority that all the alternative routes to which we are dedicated -- presumably still open for discussion -- will be selected in the EISIEIR process. I suggest that we persist at our own penalty. That, of course, is only my opinion.

Many of us have great ideas about what we 'ought' to do and what 'ought' to happen as a result.

Editor of the POST David Price lays the issue out in his editorial:

Daily Post Page 6 4-10-2010 Letters won't stop the rail If you want to stop high-speed rail, you have been told to spend the next month flooding Sacramento with emails and letters, The more letters we send, the greater the chance we will stop this train. Or so we are told.

Go ahead and write, if it makes you feel better. But our legislators and officials at the California High Speed Rail Authority al'e not going to read your letters. They're going to hire a PR person to skim them OVer and provide a canned response. YOlll' letters aren't going to stop the powerful backers of this railroad (labor, engineering firms, land developers) from gutting the heart of Palo Alto, Menlo Park, Athelton, Redwood City, San Mateo and Burlingame with a monster wider, louder and uglier than Caltl'llin. Instead of writing letters, let's take some serious steps to stop high-speed rail. Go back to the ballot

Put the question back on the statewide ballot. A signature- gathering effort will cost ahaut $500,000, and the election campaign could cost millions more. So this won't be easy.

The campaign would have two themes:

>High-speed rail, at a cost of $43 billion, will take needed state funds away from other more important things like police, firefighting and schools.

*The public wasn't told all of the facts about the rail before the 2008 election, and many of the "facts" at the time were greatly exaggerated, such as the projected ridership.

Bring out the lawyers The PaloAlto area has some of the world's top lawyers and Stanford's law schooL We need to form an allstar legal dream team of hundreds of lawyers working on a pro hano basis to stand up to the army of lawyers the state has to push this project down our throats. These lawyers could be: 'Suing over every aspect of this project, and constantly demanding restraining orders and injunctions. The more litigating we do, the more likely we can stop this project in the courts. Environmental groups know how to do this better than anyone - let's see if they'll help us?

-Going to bat for homeowners whose property the rail authority intends to seize through eminent domain, It's important to act fast because once the state has decided to take a property, it's gone, and the only issue at that point is how much money the homeowner will get.

Threaten their jobs

Let's create a political action committee to raise money and defeat legislators who back this project. Knocking off one or two pro-train or "done right" lawmakers will have more impact than a million letters and e-mails.

4113/2010

Options and a Timetable Page 3 on

Legislators and the rail authority don't care how many letter we write. ft', a big joke to them. That's why they're telling us to write. It will distract uS,as they push their project through; But they will care if their jobs are threatened. hit them where it hurts.

hllp.1IIarticles,sfga~.cQm/2010-04-Q2f.QPinioI)/208321~1~Ilforni~l-high-specd-ral!-high-speed-traln-buOet-tfaln

April 02, 2010

High-SI)CCd. Train Schedule Project Timclinc:

Sanl'l'anciseo-Sall Jose segment of California High-Speed. Rail:

January 2009: Scoping meetings hegan the pubJic involvement portion of the enviromrwntall'C'vicw process.

Apri18, :2.010: Release of Preliminary Altcrnativt's Analysis Report discussing pros al)d cons of ronte options. Fall 2010: Estimated date to begin procnrement process. Sept. 30 1 2011: Federal dt.;;adline foJ' cligihk projects to have completed environmental review. December 2011: Estimated date to finaHze d(:..~ign) build (;ootracis fol' the section. Sept, '30,'2012; Federal deadlincJol' eligible projects t9 have begun construction, Mardl 2.016: Estimated date to begin testing trains on the se('tioll. Sept. ;)0, 2017' Fedet'al deadline for projects to complete constrllction. SUrnmei' 20:1<): Estimated date to begin revenue-based passenger service on the section, ,January 2020: Estimated date to begin revenue-based passCl1ger service on entire ·Phase 1. train system from San Fran,dseo to Anaheim. '

Martin Engel 1621 Slone Pine Lane Menlo Park, CA 94025 650:323·1670 lUartill£i!gIll@l;~lth!ink,nct ******************+***

" .'--'

4113/2010

•

Davis, Phyllis

From:

Sent.:

To:

Jim McFall [[email protected]]

Monday, April 12, 2010 6:15 PM

Council, City

Subject: High Speed Rail-EIR comments-Unleash the hounds!

Councll Members-

Page I of I

I am writing with regard to tonight's agenda item# II, Review and Camment an Revised Draft Program level fiR for the California High Speed Rail Project.

I am pleased that the City is taking an proactive role in addressing the many significant issues and potenliqllpng term impacts that such a major infrastructure project will no doubt bring to Palo Alto, as well as .the entire Peninsula. I was also happy to hear that the HSR council Subcommittee was changed from an ad hoc committee to a standing committee; a clear acknowledgment on Council's partthat this project will be with us, in the planning and development stages, for many years.

With the HSR Sub-committee now up and running. I was surprised to find that the Draft Outline you will be reviewing and responding to this evening, did not first go through the HSR Sub-committee. It would seem appropriate to have the Sub-committee, with it's focus on HSR, take an inifiallook (in conjunction with staff and the EIR cansultant) at comments to be submitted to the HSRA, beiore going to the full council. To my knawledge, this is the typical sub-committee/council process and certainly makes sense relative to the HSR. The Sub-committee can provide a focus and at/ention to detail an the critical issues which may not be possible for the entire council.

The myriad issues that Council faces complicate the ability to provide a concentrated review and analysis of a specific issue; this is what Sub-committees are for. I encourage you to move forward with an expanded role by the HSR subcommittee in reviewing information and providing substantive input and direction for Council comments/responses. Not only on the PEiR comments, but the upcoming Alternative Analysis and project-level EIR, as well. You have an engaged quintet of council members on the HSR Sub-committee, make use of their involvement, enthusiasm and energy on this crucial issue. "Unleash the hounds"!!

Ilaok forward to your continued ac rive efforls and commitment to making certain that High Speed Rail. if it is built, will do no harm to Palo Alto.

Thank You Jim McFall

650-327 -3100 jim@mJ;;fgllqr.cD·CQm

411312010

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Davis, Phyllis


wrote: > I received this note today from Sharon K. Gonsalves, Capitol Director, Office of Assemblywoman Diane Harkey: > > "In order to support AB 2121 I would urge you to write letters to the committee members. I would also recommend that you come to the committee hearing if you can on April 19. I would like to see a large number of people show up to the hearing who are opposed to high speed rail. I am expecting the democrats to have a large number of union and labor folks to oppose our bill. We can counter that by having as many residents who are adversely affected by HSR show up to the hearing. > > I would alsotecommend bombarding their offices with phone calls." >.. .. > Members of Assembly Transportation Committee (some ph #'s .are missing): > > Office of Assemblyman Mike Eng > State Capitol, room 4140 > Sacramento, CA 95814 > (916) 319,2049 > > Assemblyman Kevin Jeffries > State Capitol, Room 5128 > Sacramento, CA 95814 > (916) 319-2066 > > Assemblyman Bill Berryhill > State Capitol, Room 4009 > Sacramento, CA 95814 > > Assemblyman Bob Blumenfield > State Capitol, Room 6011 > Sacramento, CA 95814 > > Assemblywoman Joan Buchanan > State Capitol, Room 4167 > Sacramento, CA 95814 > > Assemblyman Warren Furutani > State Capitol, Room 3126 > Sacramento, CA 95814 >

1

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• > Assemblywoman Cathleen Galgiani > State Capitol, Room 5155

r > Sacramento, CA 95814 > > Assemblywoman Bonnie Lowentha.1 > State Capitol, room 5158 > Sacramento, CA 95814 > > Assemblyman Jeff Miller > State Capitol, Room 3147 > Sacramento, CA 95814 > > Assemblyman Roger Niello > State Capitol, Room 4139 > Sacramento, CA 95814 > > Assemblyman Chris Nordby > State Capitol, Room 5126 > Sacramento, CA 95814 > ;;> Assemblyman Jose Solorio > State Capitol, room 2013 > Sacramento, CA 95814 > > Tom Torlankson > State Capitol, Room 5160 > Sacramento, CA 95814 > > > -~~--,---,----~~--~- .......... ~ > Sharon K. Gonsalves > Capitol Director > Office of Assemblywoman Diane Harkey > Phone (916) 319-2073 > Fax (916)319-2173 > [email protected] > www.assembly.ca.gov/harkey > > >

2

Davis, Phyllis


Attachments:

CHSRA meeting April 8, 2010

Loran Harding [loran.harding@stanfordalumnLorg] Thursday, April 08, 2010 11 :43 AM Council, City Fwd: CHSRA meeting April 8, 2010

CHSRA meeting April 8, 2010

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From: Sent: To:. .SubJect:

Loran Harding [[email protected] Wednesday, April 07, 2010 3:33 PM [email protected] CHSRA meeting April 8, 2010

Wed, April 7, 2010

Mr, Russell Clemings, Fresno Bee Newspaper

Mr, Clemings- I have my computer set to receive Google alerts re noise from high speed trains. There is a notice saying that tomorrow, Thursday, April 8, 2010, the California High Speed Rail Authority will hold a public meeting in San Jose at 9 AM at the Santa Clara Co. Bd. of Supervisors Chamber at 70 W. Hedding St. This will be the first meeting of the Authority in Santa Clara Co. in tWo years.

Information will be made public by the Authority re HSR on the SF peninsula, and many persons living there, and in San Jose, are expected to attend and address the Authority. The article I have also says that the Authority will make announcements at the meeting tomorrow re HSR on the Merced to Fresno segment of the route. All of this should be of interest to the Fresno Bee and to local officials in Fresno. But any announcements re the Merced to Fresno segment should be especially interesting. '

If the Bee does not have anyone preSent at the meeting tomorrow in San Jose, I wanted to at least give all concerned a heads-up to watch for announcements made by the Authority there tomorrow.

The notice also says that after the public meeting, the Authority will meet in private session to select a new Executive Director. Joe Levy told me that Director Morshed was retiring at the end of March, 2010.

It is interesting that Mr. Morshed retired at the end of March, 2010. Sometime in the preceding year, he supposedly told Fresno Mayor Swearengin that ·if the H$R route is west of Fresno rather than downtown, Fresno might not get a station at all. Something seems funny about that purported exchange the more I think about it. The Director of the CHSRA threatened to bypass completely an area expected to have a million potential riders by 2025 if the station is not located right downtown? The Fresno area would have more potential riders than any other place along the system, other than Los Angeles, at least in its first iteration. It wouldn't be that Swearengin pressured Morshed to put the station downtown thinking it would stimulate downtown revitalization, would It be? It wouldn't be that Morshed agreed to play the villain in the drama by agreeing to have the threat above attributed to him, given that he would be gone from the CHSRA at the end of March, 2010, would it be?

As I talked to the CHSRA consultants on March 16, 2010 in Fresno, I got the

1

impression that they see real problems with running HSR in the U.P. corridor through Fresno. The idea of a station the size of an aircraft-carrier 60' in the air near Chukchansi Park (the phrase used by one of them when he talked to a group of local government representatives in Fresno) with 20 express HSR trains PER HOUR hurtling through it at 220 mph, seems problematic to them. One of them told me why the HSR tracks would have to be on a bridge 60' tall if the tracks are to be right adjacent to the existing U.P. freight tracks. "HSR needs a 60' wide right of way, minimum, for two tracks. There are pillars and embankments along the existing U.P. tracks and so there is not the width HSR would need at grade level", one of them told me. There IS just enough width right adjacent to the U.P. tracks, however, to squeeze in the supports for a bridge 60' tall and 60' wide, it seems. The bridge roadway can be wider than the pillars under it. Another way to say that is that support pillars don't need 60' of width to support a bridge railway 60' wide at their top. In cross section, you would probably have TWO big support pillars maybe 30' or 40' apart and then a roadway 60' wide for HSR perched on top of them. That is t.he design of an elevated str\,lcture only 30' high shown in the 2005 HMMH report, referenced in my email of two days ago. And HSR trains would have to climb up onto that bridge at one end and come down off it at the other end, be that from Ashlan Ave. south or McKinley Ave. south or even from the San Joaquin River south. Apparently the bridge would end at its southern end near Calwa. Does CHSRA REALLY want such a thing along its route, all to get a little closer to downtown Fresno? I have to doubt it. And now that CHSRA et.' al. know they will get sued for $6 billion to compensate Fresno homeowners along the U.P. route as soon as the route is finalized, they REALLY will think twice about putting HSR on the U.P. corridor through Fresno.

Run the HSR route north and south between Fresno and Kerman! The HSR station out there, perhaps six miles west of downtown Fresno, can be the "Fresno-Kerman station". Build a dedicated, grade-separated bus route west from downtown to the station so that there are no stops between downtown and the station. It might then be a ten-minute ride from downtown to the station. By 2020, totally non-polluting hydrogen fuel-cell buses should be commercially available, General Motors is planning to market fuel-cell powered passenger cars around 2015, it says. Buses are easier to do with fuel-cells than passenger cars are. There is much more space for the hydrogen tank and thefuel cell stack and you know exactly how far you are going to go before you have to. re-fuel. Recently GM showed off this year's version of its passenger car fuel-cell stack, about half the size of last year's version. In any hydrogen fuel-cell vehicle, the. hydrogen will have to be stored either under pressure in a robust steel tank, or else liquified, requiring complex refrigeration eqUipment. A bus has the space to handle. either of those better than a passenger car does. .

Another obvious advantage of a HSR station to the west of downtown, of course, is that it can have space for parking. Some HSR rid,ers will want to drive to the station, and they won't want to pay to park near a downtown station. I venture that even in 2020, parking will not be free downtown. .

Also, re the fuel-cell powered buses, they could run allover Fresno, on Blackstone, Shaw and Herndon Aves., e.g. I believe they will be the public-transportation vehicle of

2

choice for cities by 2020. So they can gather HSR riders from allover Fresno. There might not be the need for much parking near a HSR station to the west of downtown .

. And r:e. having the HSR station between Fresno and Kerman, I emailed Visalia about the noise of HSR. Their city government emailed back and said the route there will be adjacent to the BNSF route, running north and south between Visalia and Hanford. They feel that that route will solve the noise issue for Visalia. Visalia is not pushing for a station right in their downtown, and Fresno and the CHSRA should abandon the illconSidered and problematic idea of one in Fresno's downtown.

Mr. Loran W. Harding. Fresno, Ca.

loran. [email protected] . ,

3

~----- ..... - ..

Page I of5

Davis, Phyllis

From: galen [[email protected]]

p;O ...... . Cl} APR - 8 PH I: I 6

Sent: . Wednesday. April 07 •. 20104:32 P,M ,kl,llVLD

To: [email protected] CiTY ~l~IIAGElrS OFFICE

Cc: galen; PA Patriot; Council. City; HSR

Subject: Re: [Palo_Allo_HSR] Where the action is

Martin, i think you are that charismatic leader. I agree, we need to start taking to the streets to send a clear message that we're not about to allow this madness to continue. Though i feel your list of demands is inadequate. We need to demand that this entire project be defunded and the criminal activity of those involved be prosecuted to the full extent of the law. I insist that election fraud is illegal and this was election fraud plain and simple. Why are you willing to give them the election when they demonstrably deceived us into voting for this monstrosity? Where's our lawsuit for election fraud on your list of demands?

C:) Regards -- galen ):~... ~

-0

Martin Engel wrote: :::0 , .. if"'"

'JJ

f',)

This just in. Mike Rosenberg is one of our go-to people for cun-ent information about f~ what's going on on the Peninsula. Here's his latest. o;l

There are now five or more groups working on (his High-Speed Rail problem on the Peninsula. I don't know how much they talk with each other, but, I suspect, far less than they ought to. There is a five town Coalition of Cities dedicated to negotiating with the rail authority. At the same town, each city is pursuing it's own agenda of interaction regarding possible Caltrain con-idol' developments. Some towns are each, independently, supporting a Sacramento based lobbyist who does his "thing" on Ollr behalf.

That's all fine, but it's not good enough. It will not tip the balance in our favor. Why? Because as well organized as we may be, either in our respective groups or not, there are too few of us accounted for. Quantity of people counts. The NIMBY label will disappear when there are too many of us to be labled cranks, "rotten apples," or complainers.

What's missing? An upwelling of a grass-roots, popular movement of thousands of us. When mceting halls are packed, when we "take to the streets," when both the State Legislature and the Administration that is driving this project begin to see a major uprising of popular dissatisfaetion, we will begin to see this supertanker begin to turn from it's current course. I don't know how to make that happen. It's time for some charismatic leadership to emerge and point the way.

If there emerges a critical mass of our population that rises up to be counted, we can demand legislative action:

- to remove the politicians and amateurs from the rail authority board.

4/8/2010

..

Page 2 of 5

- to fold the project within a Department of Transportation that has constant and rigorous oversight and accountability. - to remove those on the staff responsible for the mis-management and persistent secrecy and terrible judgements and decisions. - to manage the funding in an open and transparent way and thereby preventing and eliminating. waste, fraud and abuse, and other corrupt practices. -to engage professional railroad developers to "do it right," whatever that actually means. ============================= Here is that list of web sites and blogs again that ljust sent out, with an additional one added. If you know of others that 1 have missed, please let me know.

Martin

= ================

httll:II~v:t!w.calhsr.coml

htjp:llwww.cc-hsr.orgl

h.tI:p;lIwww.calraihlews.comls.alrailnews.html.

===========================

Peninsulans plan to bombard high-speed rail authority with letters, emails

By Mike Rosenberg San Mateo County Times Posted: 04/06/2010 09: 14 :48 PM PDT Updated: 04/06/2010 11:16:,04 PM PDT

Whether they're fired up or fuming mad about the high-speed rail project, residents around the Peninsula intend to bombard the state with letters and e-mails during what should be a critical stage in shaping the electric railroad. Many people with a stake in the project are passing out templates and guides, reaching out to local leaders and hosting meetings to ensure as many people as possible submit their worries, fears and praises to the California High-Speed Rail Authority. They say it is important because few have the time or expertise to address the technical issues in the complex, jargon-filled reports that run in excess of 100 pages, including a key document released last month and another to be unveiled

4/8/2010

Page 3 of 5

Thursday. A letter-writing campaign is picking up steam in San Mateo, where residents are passing out one-page templates that already include citations, figures and background. All residents have to do is sign their names and addresses, check boxes on topics that concern them, such as property-takings through eminent domain or noise and vibration, and send the form to the rail authority.

The Burlingame City Council, after being notified about the campaign, discussed Monday whether to join it or start one of its own. The council's high-speed rail subcommittee, which consists of Mayor Cathy Baylock and Vice Mayor Terry Nagel, expects to discuss the issue this week.

Another resident group on the Peninsula, Californians Advocating Responsible Rail Development, is pushing residents to use a more personal touch. Its members have posted a letter-writing gUide including "quick tips" on its Web site and are hosting presentations for local chambers of commerce, school districts, the League of Women Voters and neighborhood groups, said Nadia Naik, one of four Palo Alto women who founded the group.

"It's not a simple template letter, because we feel like it's a very complex issue, and people need to dive into it," Naik said. "We're urging people to be specific as possible." Another resident group, the Community Coalition on High-Speed Rail, has organized an environmental impact report workshop called "EIR 101" next week in Atherton, said member Russ Peterson. It has. also sent postcards with advice on making comments. It's a critical time for public comment, and the formal responses to the reports are perhaps the most efficient and official way residents can get involved. The authority last month released a revised environmental report that, if approved, would again pick the Pacheco Pass through the Peninsula as the Bay Area route after a lawsuit led the authority to rescind and restudy its original decision. That comment period will expire April 26. And on Thursday, the authority will release a report detailihg potential track alignments along the Caltrain corridor and begin taking comment on it. State officials said they won't put a time limit on submitting those comments but want them soon. Under state environmental law, the rail authority must compile and address all unique comments it receives. Rail authority Deputy Director Jeff Barker noted the body has, when releasing reports, consistently gone beyond what the state requires for comment periods and public hearings, and it values the input it receives. Those wanting to submit comments can send an e-mail to COmJn~nts@lJ.§I.,~1:h90V or mail the rail authority at 925 L St., Suite 1425, Sacramento, CA 95814. The rail authority board is also meeting in the Santa Clara County Board of Supervisors chambers in San Jose at 9 a.m. Thursday and plans to schedule further outreach meetings in the coming months. The Bay Area to Central Valley environmental report is posted at cahigbJlpeegrail.ca.gov, and the route study, called the alternatives analysis, will be posted there Thursday. Contact Mike Rosenberg at 650-348-4324. ==========~~~===========================

4/8/2010

Page 4 of5

And, for those of you who are job hunting, here's the opportunity of a life-time.· The most important qualification for this job is a very thick skin, capable of resisting CHSRA Board slings and arrows.

If you do get this job, I'm not asking for a finders' fee, just stay in touch and let us know how things are going. Actually, I Ieamed last night that they have been working on the short list and may have a decision today or tomorrow. We will soon know whether they have hired a patsy or someone who will actually manage this Board.

Martin ~=======;::::====

,San,lltraud,c.o C!tl)ronide ). ~;'\~,~!~ Suhscribe to the- \'v'(?i?kend ~~i Save4o%

h!tP:t!'?IYL'N"~fgatg&Qmlcgj,binI51.rticle&gj?J""Lc!a/fQLQfl)~LQ('ilEAf J I CQN81.DTL

Nation

State cash, election politics: BART fare cut? Phil Matier,Andrew Ross wednesday, April 7, 2010 Read more:JTItp:l[wvt"Ysfgate.cJ)micgi:bin/al1icle.cgj1 f=lclal20 I O/04tp6/BAFJI CQN8I.DTL#ixzz,QkRMnvLrK

Speed bump: The California High Speed Rail Authority is looking for a new chief executive to get the project going - and they are looking to pay upward of $375,000 a year. The rail authority, which has estimated the bullet train's cost at $42.6 billion - $9 billion more than the original estimate - is on an international search for someone to oversee the actual building of the line. According to the paperwork submitted to the state Senate Transportation Committee, the authority wants to pay the new director anywhere from $250,000 to $375,000 a year - plus a one-time $150,000 "recruitment incentive" and "relocation" allowance.

It's no secret that with the exception of Caltrans, transportation directors are among the nation's highest-paid public executives. San Francisco Muni Director Nathaniel Ford, for example, makes $308,875 a year, and BART General Manager Dorothy Dugger made $332,700 last year .

. Still, a pay package that could be as high as $525,000 in the first year is not going over well with state lav.'lTIakers who are faced with furloughing workers and cutting selvices. "I'm a supporter of high-speed rail," said state Sen. Mark DeSaulnier, D-Concord, "but I don't see how under these circumstances we can justify this kind of money." Rail Authority Deputy Director Jeff Barker insists the salary isn't set in stone and was simply a "starting point to begin the search." "We don't have a candidate, and we don't have a salary yet," he said.

4/8/2010

Page 50f5

But then they must be getting close - finalists for the job were interviewed by the search committee last week.

********************** Martin Engel 1621 Stone Pine Lane Menlo Park, CA 94025 650:323-1670 [email protected] **********************

4/812010

Minor, Beth

From:

Sent:

To:

Emslie, Steve

Monday, April 12, 2010 3:15 PM

Council, City; Council Agenda Email

I COUNCIL MEETING *11-~/lJ

It1:I Placed Before Meeting [ 1 Received at Meeting

Page I of2

11

Cc: Baum, Gary; Keene, JalTles; Likens, Gayle; Tronquet, Melissa; Grider, Donna; Minor, Beth; Brewer, Cathy

Subject: Council member Shepherd's comments re: Item 11 High Speed Rail Program

City Manager Keene has asked that staff to provide the following responses to Councilmember Shepherd's comments regarding Item No II i High Speed Rail Program EIR draft comments.

Councilmember Shepherd wrote: I understand the PTC draft minutes will be provided to council at our meeting tonight, however this does not give the appropriate time to read and organize questions based on their response to the project. Can we have an informational from a PTC member as part of this item?

Staff Response: CQrhmissioner Keller will be present tonight to give Council a presentation of ilie Planning and Transportation Commission's discussion last week as well as to answer any Council questions.

Attachment A, Draft Outline for comments on Program EIR: I. Who auiliored this document (1 understand it originated from CARRD)? Is there staff helping to

produce and generate a Palo Alto priority of comment for the HSR EIRs? Staff Response: The draft was prepared by RMT, Inc. in consultation with City staff and the City Attorney's

. Office. Jeff Smith ofRMT is ilie environmental planner and will be in attendance tonight. 2. It is my understanding that our comments tonight are focused on the Program EIR only, (not AA and

CSS). Comments in the attachment are mixed with the prpject Alternatives Analysis and CSS, not it~ms we can address in the PEIR. Can staff provide guidance (via a powerpoint) for establishing what Council should be responding to for the Program EIR only.

Staff Response: The references to Alternatives Analysis in the document relate to the alternatives analysis contained the 2008 Final Program EIR which concluded the Pacheco Pass alignment was the preferred alternative. Some of the issues we are COmmeriling on for the Revised PEIR will also need to be addressed . in city's comments on the Alternatives Analysis. We believe it will be important to make comprehensive comments at each stage, even if they appear repetitive. The memorandum from the City Attorney's Office provides guidance on making comments on the Program E\IR.

I understand that the comment period from the PEIR closes on April 26, 2010 yet the Project EIR for the Alternative Analysis is now open for comment. Doesn't the PEIR drive ilie decisions to the AA? How should Council respond to tandem comments when one document guides the decisions to the project level EIRs.

Staff Response: The DEIR did drive the decision on the Pacheco Pass and Caltrain alignment, and ilie city's extensive comments on the Revised Draft PEIR will address this matter. HSRA will need to recertify the PEIR. HSRA has decided to proceed with the Program EIR at the same time as the San Francisco to San Jose project EIR is proceeding and the city will need to respond to the Project AA separately.

Can staff prepare these Council comments in an organized recommendation for review by the HSR Committee meeting on April 15 for a vote and recommendation to Council at our April 19 meeting? (it is my understanding of a Conncil Standing Committee to approve these types of recommendations prior to the Council meeting, I

4/1212010

Page 2 of2

was wondering about this process.)

Staff Response; This matter is not on the HSR Subcommittee agenda for April 15, as it will be coming back to the full Council on April 19 for action. Tonight, however, Council could refer the item to the Subcommittee. The staff report with the draft final comment letter will be in the packet on Wednesday.

Can we add a comment regarding the fact that there is inadequate finding from a flawed analysis in the Program EIR and direct HSRA to remove the finding of fact for its statement of overriding consideration. If so, what would the wording be? (I am specifically interested in "cxample 4" from the city attorney's letter.)

Staff Response; Yes, staff will include comments in the final draft comment letter which Council will revicw on April 19. HSRA will need make new findings when it recertifies the Revised Program ElK

Does bullet #3 from the City Attorney's letter mean that we can make comments regarding noise, land use, property, traffic, and construction impacts in our segment of the HSR alignment? Yes. We have incorporated these into the comments you will be reviewing tonight, and similarly the City will be able to comment on the Project EIR.

Can we question the HSRA's request for $4.5 billion from cities for staff support? Additionally, ean we ask HSR to reimburse cities for the staff time, expenditure and relocation of utilities (etc) in the PEIR?

Staff Response; Yes, we can request that HSRA reimburse the city for staff support above and beyond the $158,000 the City Council has approved for HSR activities. This would be a separate request to HSRA. Staff can work with the. HSR Subcommittee to prepare this letter.

One more question, if there is time:

Can the Environmental Specialist that the City has hired to help with the HSR project also give us direction tonight about what Council should be focusing on for this comment periods on the PEIR.

Staff Response: Yes the Environmental Planner, Jeff Smith will be present to answer questions and to give Council his feedback on the item tonight.

Thank you for all the work on this ... a very important moment in Palo Alto's history!

Nancy Shepherd

4/12/2010

,

Page 1 of 1

Davis, Phyllis

From: [email protected]

Sent: Tuesday, April 13, 2010 7:00 PM 4N 8: 20 To: Council, City.

Subject: Eleanor Hardee park

please think seriously and evaluate how you can keep the trees! Trees make our community and it would be very sad to unnecessarily cut them down.

4114/2010

Page 1 of 1

Davis, Phyllis

From: Ellen Krasnow [[email protected]]

Sent: Tuesday, April 13, 20103:29 PM AN 8: 20

To: Council, City

Subject: Eucalyptus trees in Eleanor Pardee park OfFICE

I understand that some people are asking that the trees in Eleanor Pardee Park be cut down. We have lived here for 12 years and walk by the park almost every day. I enjoy the trees and they are a big part of the park. Please do not cut down the trees. Yes, please trim the trees. Yes, please cut out or cut down a tree if it has a disease, however please don't remove all the trees just because a branch fell down.

Just last weekend a 200 year old oak tree fell on Regent Place. Hopefully people are not going around now asking for all big old oak trees to be cut down. .

Please consider leaving the trees and having them trimmed properly to .rid them of any disease.

Thank YOll.

Ellen Krasnow 1065 Greenwood Avenue Palo Alto, CA 94301

4/14/2010

"" ('-J '.' , en ('.'

Page I of5

Davis, Phyllis I; ~I .\ .. -; "L i.: '\

-. .1: 'I' '-~i_L: ;\,'S LFrlCi~ flU:?

From: Amy. Wardwell KacheOl~,o/IY~~ilJd~il)l([email protected] -0" rlPR i 3 1H110: 56 Sent: Monday, April 12, 2010 8:13 PM

To: Council, City

Cc: Keene, James; Betts, Greg; Dornell, Paul; [email protected]

Subject: Updated: : Status Update Request: Removal of Eucalyptus Trees at Eleanor Pardee Park

I Dear City Council Members,

I I apologize for the first email, that was sent prematurely. Please just delete that.

I have not gotten a reply to my email below asking for as status update, but thought I'd forward you the Town Square discussion board about these trees.This discussion has grown from the article in todais Palo Alto Weekly online article regarding the trees at Pardee Park.

You can see from reading the comments that there is SERIOUS concern about these trees .. many of our residents are wanting these 16 trees removed. . Please take a minute to read and get just a glimpse into the mind set of some residents. People come up to me all the time asking for a status update about the trees ... these people want the trees removed. http://www.paloaltoonline.com/square/index.php?i=3&t= 1 I 282&d=#add _comments' I hope the city is working on fUliher research into these trees and will take what Los Altos has done (no eucalyptus tree within 150' of a dwelling ... duy to a bicyclist being killed by a falling limb) into consideration .. They have not gone fanatical but have taken a logical approach ... one which I hope our city will take with the 16100'+ trees encircling a playground. Perhaps sQllie of you have read this document, but it might be shed SQme light on what other towns are doing. Here are some excerpts from the miicle, or you can read the whole document here: http://www.albionmonitor.coml9-18-95/Eucalyptus.html

David Boyd, the Marin district resource ecologist who's known to his colleagues as "the guru of eucalyptus in California" has made some quotes:

If all non-native species are a problem, humans should invite themselves to leave the state, too. But philosophy aside, there are a couple of good safety reasons for clearing away eucalyptus trees, say parks officials. One is fire danger. The other is, well, gravity.

There are a couple of . "Blue Gums are dangerous," says Avant. "Dry branches break

go~d safety reasons for off all the time. Campers visiting from Australia told us it's clearmg away eucalyptus illegal to camp.under eucalypts there because it's so dangerous." trees: on~ is fire and the The root system is Jairly shallow, especially in sandy soil, and,

other is gravity says Cicero, "it's hard to predict which ones will topple over."

4113/2010

The gum of eucalyptus agrees. "The branches break off, and it grows fast and produces all that fuel," Boyd says flatly. "It's a lousy tree."

Page 2 of5

Thanks for your time. I hope the city will weigh the safety of our neighbors using that park and playground and not be afraid to stand up against a vocal minoritytha does not want to see the trees removed. We must do what is right for the safety here. Lets not have another Mitchell Park tragedy on our hands. Lets remove these trees before someone gets hurt.

--- On Wed, 417/10, Amy Wardwell Kacher <amyewardwellljj)JlallOo.com> wrote:

Froin: Amy Wardwell Kachel' <[email protected]> Subject: Status Update Request: Removal of Eucalyptus Trees at Eleanor Pardee Park To: Gary.Baum@eityofpa!oalto.org, [email protected], "Amy Joachim" <[email protected]> Cc: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] Date: Wednesday, April 7, 2010, 3:53 PM .

Paul,

Today we ehecked in with Donald Larkin for a status update regarding the Eucalyptus trees at Pardee Park. Donald said that to his knowledge there was little or no opposition to the coming removal of the "trees with fungus", but that the Publie Works Department might have more information about any about this. If possible, please let us know what if any opposition you did receive.

We would also like a status update regarding the removal of the balance of the Eucalyptus trees at Pardee Park.

Thanks in advance,

Amy Kachel'

--- On Thu, 3/25/10, Amy Joachim <[email protected]> wrote:

From: Amy Joachim <[email protected]> Subject: Removal of Eucalyptus Trees at Elean()l' Pardee Park To: Gary [email protected], City [email protected] Cc: [email protected], [email protected], [email protected], [email protected], Pau1.Domell@cityofpaloaJto.()l'g, [email protected] Date: Thursday, March 25, 2010,9: 17 PM

March 25,2010

4113/2010

Dear Mr. Baum,

We are Palo Alto residents living close to Eleanor Pardee Parle. We are writing to you to express our opinion regarding two issues: (l) the City's proposed plan of action to address the danger posed by the Eucalyptus trees situated in the park's vicinity (lining sections of Channing Avenue and Center Drive); and (2) the current security of the sidewalks, dirt and roads over which the trees are situated.

I. The City'S Proposed Plan Of Action To Address The Danger Posed By The Trees

The Palo Alto online news recently reported that one of the 16 Eucalyptus trees situated in the park's vicinity dropped two 20-25 foot branches just feet away from resident Ron Eadie's head. You can read the story here: htlp;1Lwww.paloaltoonlille.com/llewS/shoW_storXJ211lJlid=j591S. Since that time, the trees have dropped other large, heavy branches in areas frequented by residents and visitors alike. Those drops have been witnessed by and/or photographed by concerned residents, (See photo attached to this email for evidence of drop that occurred on Feb. 26,2010). Thanks to the efforts of those same residents, the City also has in its possession (or has access to) reliable information about the dangers that many experts agree these trees pose.

It's our understanding that the City's own arborist has made several statements regarding the danger posed by the trees, These statements were made at meetings attended by the City representatives who have formulated the proposed plan of action, Specifically, we've understood the arborist to have stated:

1) When asked if he would plant these same trees around a park today, his answer was an unequivocal "no"; 2) When asked if these trees in fact drop limbs more frequently than other trees in the park, he said "yes"; 3) In response to a request to have the trees' roots checked (since the person making the request has the understanding that these trees can simply "topple over" for no known reason) he stated thatthere is no "really good way" to test the roots aside from looking at their health at the bottom of the trunk; 4) He stated that, since the time that the new blue playground was built, one of the trees along Center had a limb drop that smashed the wooden Pardee Park sign that is near the bbq area; 5) He stated that the maintenance trucks have routinely been driving over the roots from both Center and Channing, an action that is "probably not good" for the trees' roots. '

Despite these statements regarding the trees' dangerous characteristics, the City has proposed a plan that merely includes trimming, selective tree removal, signage and fencing. There is copious information that has either been provided to the City and/or is accessible to the City and the public that suggests the futility of each of these short-term remedies. We are not going to reiterate all of that informatiori here, but we do strongly encourage you consider (and advise of) the risk inherent in following this course of action. One example of how the

4/1312010

Page 3 of5

proposed remedy may not be sufficient is demonstrated through the fencing plan. Despite that the City has apparently acknowledged the need to place fencing on both sides of the trees so that people cannot walk under those trees on the park grounds, there is no plan to block people from walking on the sidewalks or driving on the portion of the streets over which the trees also hang. Another example of the insufficiency is demonstrated through the plan for selective tree removal. Although some trees have wisely been marked for removal, neither the tree that dropped the limbs near Ron Eadie's head, nor the tree that dropped the limbs in the attached photo is slated to be removed.

In addition to the information about the limb-dropping for which the Eucalyptus is known, there is public information reporting that healthy Eucalyptus trees are more likely than other trees to completely topple over without warning. The photo at the following link shows how devastating sueh a toppling could be: bllp:llwww.1'mpavalleyregister,CQlninews/localLi!.l1age ff815f84-2,582-5e26-9452"J(lc5899b7c 1 a.htmJ The currently proposed measure allows for the removal of some of the unhealthy trees, bt\t does nothing to address the potential toppling (or limb dropping) of the healthy trees,

We know that therds a minority opposition that has been voiced about tree removal. The City representatives appear ,to be giving this vantage point undue attention. We do not think that the City should carry out a sub-par plan of action because the trees have an historical or cosmetic significance for a few people. The proposed approach would not only risk the personal safety of many people (including, but not limited to, children who rely on us to safeguard them), but would also render the City unable to effectively defend the inevitable subsequent lawsuit in the event of an injury. In addition, we think it is safe to assume that reasonable taxpayers would resent the current course of action, which does nothing to reverse the fact that the playground will be hijacked from children because the short-term solutions are untrustworthy. Not to mention that this approach calls into question the safety of the sidewalks and major neighborhood thoroughfares. In contrast, the long-term solution of removing ALL of the Eucalyptus trees and replacing them with safe trees eliminates any question about the efficacy of the remedy (which should be the primary focus here), and enables the City to completely pre-empt the possibility of an expensive lawsuit resulting from damage caused by the trees.

Finally, residents have wondered whether the City proposed the current plan of aetion in an attempt to save tl1e City money. We do not know if that is the case, but we are certain that you understand (and would wanl to avoid) the leverage that a plaintiffs attorney would have ifhis OTher arsenal contained evidence of the City addressing life-threatening danger in a penny-pinching manner. We are also certain that your moral bearings are such that you would not want our children's safety to be at risk, at any cost.

In summary, for all ofthe above reasons, we believe that the only option for the City is to remove all of the Eucalyptus trees lining Center Drive and Channing Avenue,

4113/2010

Page 4 of5

II. The City's CUll'enl Signage/Blockage Under The Area Where The Trees Are Situated

We would also like to urge you to review the City's efforts at keeping the public secure from the "danger zones" where deadly limbs could fall at any moment. The City has been receptive and responsive to feedback from local residents to help secure the playground area. However, people continue to walk on the sidewalks, on the dirt, and drive under the trees over which the trees hang. To our knowledge, there are currently signs posted at the outset of the "danger zone" on the sidewalks, but the signs have extremely small print and are difficult to read. In addition, there is line work going on at Channing. To the unsuspecting bypasser, the signs appear to be related to that street work, rather than to the danger posed by the trees. Again, this ongoing activity places residents, visitors and the City at unnecessary risk.

The Assistant Director of Operations and the City Arborist have spoken of a "drip line" that estimates the radius within which a tree will drop its branches. The security measures currently in place appear to focus in part on these "drip line" areas. This, too; seems like an uunecessarily risky approach -- what if the drip line calculations are wrong? What if the wind picks up, and the drip line expands? Maybe it won't, but do we really want to take that risk? Moreover, the sidewalks and street appear to be located underneath the "drip line" -- if the City is focused on securing the areas under the drip line, why aren't the sidewalks and streets fully secured?

Please consider whether the playground, sidewalks and streets should be completely closed off until the trees are removed. The signs posted should clearly communicate that deadly branches eould fall and cause personal and/or property damage. Shouldn't there also be a liability disclaimer for those who choose to ignore the signs andlor barricades?

Finally, the fact that people are bypassing the current signage and barricades speak to the necessity for a more serious course of action with respect to completely eradieating the dangers posed by the trees. Placing barricades/fences only where it is "feasible," and signage where it is "not possible" to place fences or barricades seems to be a risky course of aetion.

m. CONCLUSION

We hope that this Ictter provides your office with a vantage point that will lead you to foeus on the legal risks and options assoeiated with the City's plan of action vis-a-vis the Eucalyptus trees at Pardee Park. lfyour office has already conducted that analysis, we urge you to revisit the issue. Let's not wait until someone is injured before taking responsible aetion.

Sincerely,

Amy Joachim (Walter Hays Drive) Susie Hwang (Dana Avenue)

4/13/2010

Page 5 of 5

Davis, Phyllis

From:

Sent:

melissa baten caswell [mbcaswell@yahoo,com]

Thursday, April 08, 2010 9:46 PM I~C:':UVI~[;

To: Council, City eny 1'!i\IIAGEn'S OFfiCE Subject: Please preserve the Eucalyptus trees at Elenor Pardee Park

Dear Honorable City Council Members and Mayor Burt.

Page 1 of 1

Please do not make any rash decisions regarding the Eucalyptus trees on the corner of Center and Channing in Eleanor Pardee park,

They are a stately addition to the park/neighborhood and provide needed shade/heat relief in the summer to the park and surrounding area.

The trees definitely need trimming, but cutting them down wouldbe a serious overreaction and it would be a shame to create another California Avenue type situation.

Sincerely,

Melissa Baten Caswell 1139 Channing Ave, Palo Alto, CA 94301

.. .-: .

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4/9/2010

Page 1 of 1

Davis, Phyllis

From: janlce berman [email protected]

Sent: Friday, April 09,20108:00 AM

To: COllncil, City

Cc: BooKsareus·

Subject: save the eucalyptus

Please do not cut down the trees at Center and Channing in Pardee Park. They need a trim. That's all. Trees are key to the beauty of our city as well as the happiness of its citizens. The upswing in reckless removal of any tree that doesn't behave the way people think it should will utterly destroy Palo Alto's environment and consequently its economy. If the city's arborists are looking for work, perhaps they should focus on improved maintenance of all our natural beauty in this town rather than the destruction of its old and glorious foliage.

Janice Benman 661 Waverley S1. Palo Alto, CA 94301

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Davis, Phyllis ""'fli2 '" "'.'.'.~.".

From:

Sent:

To:

Cc:

Subject:

Caswell, Lee [leec@pivot3,comj

Friday, April 09, 2010 5:42 PM

Betts, Greg

<{rl TIPR I 2 AM 10: I 2

Keene, James; Council, City; Roberts, Glenn; Domell, Paul; Emslie, Steve

RE: Pardee Park trees should not be cut

Attachments: eucassessmenHinal-5-06,pdf

Greg, '

Page I of2

Thanks for the quick response, Is the report from Eric Krebs available so it can be reviewed publicly? I've attached the public report issued by the City of Santa Monica when they had a similar set of concerns,

Lee

From: Betts, Greg [mailto:Greg.Betts@CityofPaloAlto,org] Sent: Friday, April 09, 2010 4:37 PM To: Caswell, Lee Cc: Keene, James; Council, City; Roberts, Glenn; Dornell, Paul; Emslie, Steve Subject: FW: Pardee Park trees should not be cut

Dear Lee: The City Manager has asked me to respond to your thoughtful letter regarding the trees at Eleanor Pardee Park.

The City's Arborist Eric Krebs has examined the sixteen eucalyptus trees that border the edge of the children's playground at Center Drive and Channing Avenue. Mr. Krebs has determined that five of the euealyptus trees al'e exhibiting signs of a sulfur fungus that may weaken these trees over time. For this reason five of the trees - mostly along Center Drive _. will be removed and replaced with new trees that will fit in with the character of the parle The remaining trees will be pruned and trimmed to remove any over-weight branches.

Please know that we are approaching this proj ect with a great deal of sensitivity to balance the qmcerns of park visitors for their concern with preserving the shade and beauty of these stately trees, I will add your name to our e-mail advisory list so that is additional information becomes available, we will be sure to share it with you,

Very sincerelyGreg Betts

Community Services Administration "Play Green. Learn Green. Live Green.

Dream Green IN

Greg Betts, Director City of Pi,do Alto Cm"1n1unity ServIces

Offie(" (650) 463-4951 Fax: (6501321<;612

4112/2010

Picas!:' (1)fI5idcr tin,' eJ!'!.ironmcllt iJejore priming this' e··moil

From: Caswell, Lee [mallto:[email protected]] Sent: Friday, April 09, 2010 9:26 AM To: Council, City Subject: Pardee Park trees should not be cut

Dear Council' Members,

Page 2 of2

As a n'eighbor to Pardee Park, I am alarmed to hear that the eucalyptus trees in pardee Park are in danger of being cut down. This seems a serious over-reaction. I have lived in Palo Alto within a half block of these trees for over 20 years, played Frisbee golf and hide and seek under these trees with my young children and have never felt at risk.

There is more danger from cars not stopping at the intersection of Center and Channing than there is from the trees. Trim them if you wish but do not sterilize the park in the same way that California Ave has been clear cut. There will be an enormous community reaction if this occurs.

Lee

================================ Lee Caswell 113R Channing Ave. Palo Alia, CA 94301

4/12/2010

Page 1 of I

Davis, Phyllis

From: P Chow [sfpchow@yahoo,comj

Sent: Thursday, April 08, 2010 9:42 PM

To: Council, City

Subject: Fw: Eucalyptus trees at Pardee Park are at risk

Dear City Council, I understand you have been receiving lots of emails re this issue, I understand we live in a democracy,'but I hope that does not mean decisions will be made based on which "side" is most vociferous. I hope you will give a lot of weight to the City Arborist's opinion as it seems to me he has the most expertise in this matter. Personally, I don't care, ope way or the other; I just want a decision based on facts and not emotions and "feelings". ' Thank you, Pearl Chow 586 Rhodes Dr. Palo Alto

_ •• _. Forwarded Message --•• From: melissa baten caswell <[email protected]> To: melissa caswell <[email protected]> Sent: Thu, April 8, 2010 9:29;07 PM Subject: Eucalyptus trees at Pardee Park are at risk

Friends and Neighbors,

1 ,,-0

Apparenlly many people in the community have been writing to our City Council members asking the city to remove the huge Eucalyptus trees on the corner of Center and Channing in Eleanor ' Pardee park,

As a result, I have been told that the City Arborist is seriously looking at the situation and wether the trees should be removed.

The trees definitely need some trimming, but culling them down seems like a serious overreaction. They are a stately addition to the park/neighborhood and provide needed shade in the summer to the park and the neighborhood, If you will miss these trees and do not want to see another California Avenue type situation, I urge you to write to your City Council members and let them know.

According to the Council Members that I have communicated with, they have received many letters asking for the trees to be cut down, but I am the first person who has asked them to preserve the trees.

An email to the following address will go to all of our City Council members:

city .cou [email protected]

For additional contact information go to: b11r2:/Iwww.cityofpaloalto.orgldeQts/cou/defaull.asQ

Melissa

4/912010

Davis, Phyllis

• From: Sent: To: Subject:

Dennis DeAndre [ddeandre@yahoo,comj Thursday, April 08, 2010 9:58 PM Council, City Please don't cut down the trees

City Council Members,

t~tGr.iVi:'[; ~Ii Y I~ANAGER'S OFFICE

Please do not cut down the trees in our neighborhood park (Pardee). Almost ali local residents are in favor of trimming and keeping the trees, so please do not be swayed by the very vocal activists that are trying to be heard above the majority. It would be a loss and an embarrassment for the city.

Thanks,

Dennis DeAndre 130 Southwood Drive 650-321-5499

1

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-':- -, -

Page 1 of2

Davis, Phyllis ·····'0/£

From: Betts, Greg -e-r'APR 12 AM 10: 12 Sent: Friday, April 09, 2010 4:41 PM

To: [email protected]

Cc: Keene, James; Council, City; Roberts, Glenn; Dornell, Paul; Emslie, Steve

Subject: FW: Save Our Eleanor Park Trees

Dear Ms. Jozefov: The City Manager. has asked me to respond to your thoughtful letter regarding the trees at Eleanor Pardee Park.

The City's Arborist Eric Krebs has examined the sixteen eucalyptus trees that border the edge of the children's playground at Center Drive and Channing Avenue. Mr. Krebs has determined that five of the eucalyptus trees are exhibiting signs of a sulfur fungus that may weaken these trees over time. For this reason five of the trees - mostly along Center Drivewill be removed and replaced with new trees that will fit in with the character of the park. The remaining trees will be pruned and trimmed to remove any over-weight branches.

Please know that we are approaching this project with a great deal of sensitivity to balance the concerns of park visitors for their concern with preserving the shade and beauty of these stately trees. I will add your name to our e-mail advisory list so that is additional information becomes available, we will be sure to share it with you.

Very sincerely -Greg Betts

.,"""'-,.,." " "--- """ "" - """ ."." ....... -.... "." ..•..•.. " .... -... -..... _,-... .


Dream Green!"

Circg BellS. Director City of Palo Alto COllllllunity Services Ollice: (650) 463,4951 lax: [(50) 321-5612 W'Z. bctts@s:l.t)'ofpaloal19.org

From: Debbie Jozefov [mailto:[email protected]] Sent: Friday, April 09, 2010 8:48 AM To: Council, City Subject: Save Our Eleanor Park Trees


It has come to my attention that our city is planning to cut down a number of trees at Eleanor Park, located on the comer of Center and Channing, because a large branch fell down from one ofthe trees. These trees are a beautiful addition to our park and neighborhood and they provide much needed shade to the area.

4/12/2010

Page 2 of2

These trees definitely need to be trimmed, Cutting down the trees would be a grand overreaction to a falling branch, Branches fall from trees all of the time and when this this happens we call the eity tree depflTtment to come and trim the trees. '

I know you received many letters to cut down the trees and those probably came from friends of the man' who encountered the falling branch. I can assure you lhllt mos! people in the neighborhood do not know that you al'e allowing the trees to be cut down and will be outraged to find Ollt abollt the situation after the trees arc gone. Please don't let another California A venue tree situation happen again,

Thank you for your consideration in this matter.

Sincerely,

Debbie Jozefov 1238 Martin Avenue 326-4328

4112/2010

Page 1 of 1

Davis.Phyllis


Sent: Friday, April 09,20108:43 AM

To: Council, City

, Subject: Eucalyptus trees in ,Eleanor Pardee Park '

Dear Council Members

I urge to consider trimming the huge eucalyptus trees at Eleanor Pardee Park, rather than removing them. They p'rovide much needed shade in the summer, and they are grand old trees, adding the the charm of Palo Alto. Thank you for your consideration, Lisa Voge-Levin 662 Melville Ave

4/912010

Eucalyptus trees at Eleanor Pardee park Page lof2

Davis, Phyllis

From: Betts, Greg

Sent: Friday, April 09, 2010 4:23 PM To: eseamanca@gmaiLcom ;,1 I )' OfFICE


Subject: FW: Eucalyptus trees at Eleanor Pardee park

Dear Ms. Seaman: The City Manager has asked me to respond to your thoughtful letter regardi,ng the trees at Eleanor Pardee Park.

The City's Arborist Eric Krebs has examined the sixteen eucalyptus trees that border the edge of the children's playground at Center Drive and Channing Avenue, Mr. Krebs has determined that five of the euealyptus trees are exhibiting signs of a sulfur fungus that may weaken these trees over time, For this reason five of the trees mostly along Center Drivewill be removed and replaced with new trees that v.>ill fit in with the character of the park. . The remaining trees will be pruned and trimmed to remove any over-weight branches,



Community Serviees Administration "Play Green Learn Green. Live Green.

Dream Green!"

Greg Bells. Director City of Palo A 110 Community Services Oflicc: «i50) ,16.1-495 I Fax. lIi50) 32 J ··56 J 0

gr~g.l>'<;'\l~@9lll' 0 f!2l!lQ~] \0· gIg

From: Elisabeth Seaman [mailto:[email protected]] Sent: Friday; April 09, 2010 10:07 AM To: Council, City Subject: Eucalyptus trees at Eleanor Pardee park

Dear Council Members,

If you are not familiar with these trees, please drive by and take a look. They are beautiful, mature trees and it would be a shame to cut them down. I realize that at times they pose

4/1212010

Eucalyptus trees at Eleanor Pardee park Page 20[2

a danger, as I saw firsthand when a falling branch barely missed a police car one day as I drove by. However, with appropriate pruning, I think such dangers can be minimized. Please start by taking a conservative approach in this case and let's not repeat a California Avenue situation.

Cordially,

Elisabeth Seaman

2240 St. Francis Dr.

Palo Alto, CA 94303-3133 Tel.: 650-852-0492

Fax 650-852-0493 eSellm(InCA@r:mail.com

4112/2010

Page 1 of 1

Davis, Phyllis

From: Jonathan Foster [jfoster@jfosternet]

Sent: Friday, April 09, 2010 12:53 PM

To: Council, City

Subject: FW: Eucalyptus trees at Pardee Park are at risk

To all my friends on the City Council (which I consider to be all of you!)

I agreEl. with Melissa's message below on this. I certainly share the concerns that others have expressed about the danger posed by tree limbs falling, but I think we should look at every reasonable alternative before making a decision to remove the trees. It's hard to imagine that a proactive pruning regimen wouldn't do the trick. I don't think we want to pull out mature trees unless there is truly no other option. Bottom line: I think asking the City Arborist to come back with suggestions on how to address the falling limb problem, but without removing the trees, is the way to go. If there is truly no choice but to remove the trees, then that decision can be made after all other options have been exhausted,

Jon Foster

From: melissa baten caswell [mailto:[email protected]] Sent: Thursday, April 08,20109:29 PM To: melissa caswell Subject: Eucalyptus trees at Pardee Park are at risk


Apparently many people in the community have been writing to our City Council members asking the city to remove the huge Eucalyptus trees on the corner of Center and Channing in Eleanor Pardee park,

As a result, I have been told that the City Arborist is seriously looking at the situation and wether the trees should be removed,

The trees definitely need some trimming, but cutting them down seems like a serious overreaction, They are a stately addition to the park/neighborhood and provide needed shade in the summer to the park and the neighborhood, If you will miss these trees and do not want to see another California Avenue type situation, I urge you to write to your City Council members and let them know,

According to the Council Members that I have communicated with, they have received many letters asking for the trees to be cut down, but I am the first person who has asked them to preserve the trees,


city,council@cityofpaloalto,org

For additional contact information go to: bl1~/!wV>l'!'L,citYQfpaloalto,()Ig/deRts/cou/d~fault.Cl~p

Melissa

4112/2010

Page 1 of 1

Davis, Phyllis

From: gretchen deandre [[email protected]

Sent: Saturday, April 10, 20109:25 AM

To: Council, City

Subject: Eucalyptus Trees at Pardee Park


As a mother in the Crescent Park neigbborhood, I have been disappointed to see Pardee Park closed off for so long now. I. don't understand how a few falling branches (which seems normal for any tree) have led to such an overreaction.

I am 100% for trimming the trees as the city arborist deems necessary, but I definitely do not want to see the trees taken down. Not only are they a beautiful part of our neighborhood, but they provide much-needed shade at the· park.

Thank you, Gretchen DeAndre 130 Southwood Drive

4/1212010

,

Page 1 of 1

Davis, Phyllis

From: Roxane Mehta[roxanemehta@dordLus] )~ -1JIAPR 1 2 Mi 10: 13

Sent: Friday, April 09,201012:55 PM

To: Council, City.

Subject: Trees at Pardee Park

Dear City Council Members,

We just heard with surprise and some consternation that the City Arborist is considering removing the huge old Eucalyptus trees at Pardee Park due to pressure from some community activists who do not approve of them ..

This notion seems bizarre. The trees provide shade and visual appeal, and appear to be completely healthy. It may be that they are not native to the area, but neither is most of the plant, animal and human life that thrives in Palo Alto, so we would like to submit our strong support for the retention of the trees as they stand.

Yezdi Dordi & Roxane Mehta 104 Walter Hays Drive Palo Alto, 94303

4/12/20 I 0

Page 1 of 1

Davis, Phyllis

From: Betts, Greg

Sent: Friday, April 09. 2010 4:21 PM

To:

Cc:

If ",.- I ,".,; ·-1 mary@medo ,com ('J"')! '-1 "~-",-,'1r._.'

Keene, James; Council, City; Roberts, Glenn; Darnell, Paul; Ems'li~', St~~~'U,U'S OFf rCE

Subject: FW: Eucalyptus Tree· Do NOT remove please

Dear Ms, Medoff: The .Cit.y Manager has asked me to respond t.o your thollghtfulletter regarding the trees at Eleanor Pardee Park,

The City's Arborist Eric Krebs has examined the sixteen eucalyptus trees that border the edge of the children's playground at Center Drive and Channing Avenue. MI', Krebs has determined that five of the eucalyptus trees are exhibiting signs of a sulfur fungus that may weaken these trees over time. For this reason five of the trees- mostly along Center Drive - will be removed and replaced with new trees that will fit in with the character of the park. The remaining trees will be pruned and trimmed to remove any ovcr-weight branches.



----.,----.~"~~-~--------"~---


Dream Green!"

Gr~g Be!!;.;. Director Cil\ ,,~' Pufu ;\lio (\\mmunilY SLrvk;,;:< Of~kc: (}5(l} -:!6J~'~951 l\\:'c t(511) J21-5612 ~re g. bel IS@iliJ'Q!'paloalto.org

From: Medoff Mary [mailto;mary@medoff,comj Sent: Friday, April 09, 2010 10:30 AM To: CounCil, City Subject: Eucalyptus Tree· Do NOT remove please


Please do NQT cut down the beautiful eucalyptus trees around Eleanor Pardee Park. This is our neighborhood park. The trees add needed shade to the neighborhood and the play area. The trees just need yearly maintenance by the city. Cutting the trees down Seems like all overreaction to a few very vocal people.

Mary Medoff Arcadia Place (very neat Eleanor Pardee Park)

4/1212010

,

•

•

•

Page 1 of 1

Davis, Phyllis

From; Linda Miola Furrier [lindafurrier@gmaiLcom]

Sent: Sunday. April 11, 2010 8:08 AM

To: Council, City

Subject: Eucalyptus Trees at Elinor Pardee Park

to Whom It May Concern,

Our family feels that it would be a travesty to take down the majestic trees at Elinor Pardee Park. The children play with their discarded seed and bark. They provide shade & comfort to many families who use the park regularly. The trees are quite old & beautiful. ,

Shouldn't a decision as large as this be put to the community before sueh dramatic action is taken? Please do not make the same mistake which was made on California Ave.

Sincerely,

The Furrier Family 1457 Dana Ave

4112/2010

Davis, Phyllis


Hello,

look, Kelly MD [[email protected] Thursday, April 08, 2010 9:37 PM

. Council, City Eleanor Pardee Park trees

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We have lived in Crescent Park for 12 years now. Pardee park is our neighborhood park, We love the eucalyptus trees! We do not wantto see them cut down, Trim limbs if they are a danger. We walk our dog there daily; there aren't even any branches overhanging the kids' playground there.

Please don't let some peoples' fear push the city into unnecessary removal of these trees!

Sincerely,

Kelly Look Resident of Crescent Park

1

Page I of I

Davis, Phyllis

From: Debbie Jozefov [debjoz@gmaiLcom] AM II: oZ Sent: Friday, April 09, 2010 8:48 AM

To: Coundl, City

~ ~ ,;l(;Llvfl: "I] Y i11IHAGEfl'S OFFICE

Subject: Save Our Eleanor Park Trees

City' Council Members,

It has come to my attention that our city is planning tocut down a number of trees at Eleanor Park, located on the (:Orner of Center and Channing, because a large branch fell down from one of the trees. These trees are a beautiful addition to our park and neighborhood and they provide much needed shade to the area.

These trees definitely need to be trimmed. Cutting down the trees would bea grand overreaction to a falling branch. Branches fall from trees all of the time and when this this happens we call the city tree department to come and trim the trees.

I know you received many letters to cut down the trees and those probably came from friends of the man who enconntered the falling branch. I can assme you that most people in the neighborhood do not know that you are allowing the trees to be cut down and will be outraged to find out about the situation after the trees are gone. Please don't let another California Avenue tree situation happen again.

Thank you for your consideration in this matter.

Sincerely,

Debbie Iozefov 1238 Mmiin Avenue 326-4328

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41912010

Davis, Phyllis


Pat Markevitch [email protected] Friday, April 09, 20109:34 AM Council, City Eleanor Park Trees

Good morning Honorable City Council members.

I am writing you today to please reconsider cutting down the eucalyptus trees at Eleanor Park. Those trees provide a tremendous amount of sun protection to the residents who enjoy the park. It would take 40 years for any replacement tree to provide the amount of sun protection that those trees now provide. The aesthetic beauty of those majestic trees are another reason to leave them where they are. ..

I understand the need to remove the redwood tree because it is dying. The eucalyptus trees could certainly be trimmed back a bit if people are concerned for safety reasons but unless they are diseased or dying, I cannot possibly imagine any reason to cut them down, The fact that they are not native to the area is not a compelling enough reason to remove them.

Please leave the trees alone.

Thank You,

Pat Markevitch

1

Davis, Phyllis


Dear City Council:

Heidi Mickelsen [[email protected] Thursday, April 08,201010:12 PM Council, City Trees

'>;;;t::-:}· >'

ifr"PR ~9 'AM II: 03

,~ECLi 'i!~tJ CllY i1MIAGEP.'5 OFFICE

I have heard that you are considering cutting down the eucalyptus trees by Pardee Park on Channing/Center. I am writing to express my firm support of keeping the trees. If it is posSible, I would love to see them trimmed instead so that they are not a safety hazard. I have three young children whOlove'toplay at the park, and if the trees are gone we will lose much-needed shade during the hot months of summer. Of course as a Palo Alto resident I value the beauty and diversity of the many trees we have in our city, and it would be a shame to lose these trees.

Thank you for your consideration of this matter, '.

Heidi Mickelsen 1892 Channing Ave.

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Page 1 of I

From: DO Roberts [[email protected] . ')()/J'

-err APR 12 AM 10: 14

Davis, Phyllis

Sent: Saturday. April 10. 2010 12:20 PM

To: Council. City

Subject: Please save the Eucalyptus trees at Eleanor Pardee Park


] live on Pitman Ave., with my backyard against the Pardee Communi1y Garden. Last weekend, ] was' walking around the bloek with 2 of my boys, and was disturbed to see signs posted on the giant . Euo:;alyptus trees at C.-enter and Channing, incjicating that they are p,crhaps going to be cut down. These trees are beautiful, and it would take a long time to grow i'eplacement trees. My boys play at the playground near them, and their shade makes the playgrourid a much more pleasant place.

I understand that there are folks who want these trees cut down, because they are "dangerous". This seems to me to come from a desire for 0% risk. Yes; there is some *very* small risk a tree or branch could fall down, but isn't that true for almost any tree in the ci1y? Many times in nice weather, ] have seen large branches dropped from the Liquid Amber and Magnolia street trees near me. Over the years, I have also seen trees which have fallen. And in a windy storm, walking underneath any tree is . slightly risky. ]fwe really want 0% risk from trees, we would have to cut them all down, a "solution" which we obviously don't want.

Isn't there some middle ground here? We certainly don't want large branehes hanging over the playground. However, that does not eurrently seem to be the case. I support having these trees pruned of any suspect branches, and any unhealthy trees removed, but let's not remove them all in a bout of hysteria. I think it unrealistic to think that we can ever make it 100% safe to walk under them during a storm, but that holds true for all trees.

Please don't cut them down, and make a mistake we will all have to Jive with.

Sincerely, Mary D. Roberts 1438 Pitman Ave.

411212010

Eucalyptus trees at Eleanor Pardee park

Davis, Phyllis

From:

Sent:

To:

Elisabeth Seaman [eseamanca@gmaiLcomj

Friday, April 09,201010:07 AM

Council, City

Subject: Eucalyptus trees at Eleanor Pardee park

Dellr Council Members,

Page 1 of I

.j/L ...... ... . f!1 APR -:- 9 AM II: 03

W~C:.IVlu CiTY H;\H,\G£f~'s Or"FleE

If you are not familiar with these trees, please drive by and take a look. They are beautiful, mature trees and it would be a shame to cut them down. I realize that at times they pose a danger, as I saw firsthand when a falling branch barely missed a police car one day as I drove by. However, with appropriate pruning, I think such dangers can be minimized. Please start by taking a conservative approach in this case and let's not repeat a California·

Avenue situation.

Cordially,

• I , •

Elisabeth Seaman 2240 St. Francis Dr. Palo Alto, CA 94303-3133 Tel.: 650-852-0492 Fax 650-852-0493

4/9/2010

Davis. Phyllis

From: Sent: To:

~~~t:y,G;;~1 09, 20104:33 PM /~r:,P . 'i~:i.i':>·' [email protected] ,-fH .1 f? I 2 M110:, 2

Cc: Council, City; Keene, James; Roberts, Glenn; Darneli, Paul; Emslie, Sieve Subject: FW: beautiful trees "jV :Ct;,:iVrD

\..\ I ;"';/dU;SEf?;S Of FreE

Dear Susan: The City Manager has asked me to respond to your thoughtful letter regarding the trees at Eleanor Pardee Park.

The City's Arborist Eric Krebs has examined the sixteen eucalyptus. trees that border the edge of the children's playground at Center Drive and Channing Avenue. Mr. Krebs has determined that five of the eucalyptus trees are exhibiting signs of a sulfur fungus that may weaken these trees over time. For this reason five of the trees ~ mostly along Center Drive - will be removed and replaced with new trees that will fit in with the character of the park. The remaining trees will be pruned and trimmed to remove any over-weight branches.




Dream Green!"

Greg Betts, Director City of Palo Alto Community Services Office: (650) 463-4951 Fax: (650) 321-5612 [email protected]

Please consider the environment before printing this e-mail.

-----Original Message-----From: Scarpino Clan [mailto:[email protected]] Sent: Friday, April 09, 20108:53 AM To: Council, City Subject: beautiful trees


1

I have just heard that there is talk of cutting down the eucalyptus trees at Eleanor , Pardee Park. I cannot understand why you would ever think of doing such an awful

thing! Those trees are beautiful and majestic! They lend such character to the park as well as much needed shade. Please do not cut down those trees!

Sincerely,

Susan McCarty

2

Davis, Phyllis

From:

Sent:

To:

Cc:

Subject:

Betts, Greg

Friday, April 09,20104:16 PM

[email protected]

Keene, James; Council, City; Emslie, Steve; Roberts, Glenn; Dornell, Paul

FW: trees at Eleanor Pardee

Attachments: Eleanor Park Eucalyptus MAintenance and Removals.doc

Dear Mrs. Dolan:

Page 10f2

The City Manager has asked me to respond to your thoughtful letter regarding the trees at Eleanor Pardee Park.

The City's Arborist Eric Krebs has examined the sixteen eucalyptus trees that border the edge of the children's playground at Center Drive and Channing Avenue. Mr. Krebs has determined that five of the eucalyptus trees are exhibiting signs of a sulfur fungus that may weaken these trees over time. For this reason five of the trees - mostly along Center Drive -will be removed and replaced with new trees that will fit in with the character of the park. The remaining trees will be pruned and trimmed to remove any over-weight branches.


Very sincerelyGreg Betts


Dream Green!"

Gr~g BeHs. Direcl\)[ C ;t; ui" Palo Alto Commll:lity Sf.~n,-;c~>s Office: (650) 463-,,951 fax: ((i5ll) 321-5612 gr~~j)funloallo,Q!'g;

From: Emslie, Steve sent: Friday, April 09, 2010 11:01 AM To: Betts, Greg; Roberts, Glenn Subject: FW: trees at Eleanor Pardee

From: Chantal Dolan [mailto:chantal.dolan@gmail,com]

411212010

Sent: Friday, April 09, 2010 10:59 AM To: Council, City Subject: trees at Eleanor Pardee

, Dear Council Members,

Page 2 of2

I live on Center Drive and am the mother of 2 children, ages 5 and 7 years old, We are beyond the years of going to the park everyday, but for years, J took my 2 children to Eleaoor Pardee almost every single day, It was a much looked forward to part or our day, I remember the long year the 'big park' was closed and we waited for the renovation. We have loved the 'new park' dearly and though we don't go as much these days, we still would love to be able to drop by Eleanor Pardee for some play time.

I have heard that there is a movement to cut down the beautiful large trees around the main playground. This sounds quite drastic, I would hope that the trees could be trimmed. maintained safely, and saved. In the many years we went to the park on a daily basis I never noticed any large branches down or in any way threatening our ,safety.

Please consider alternatives to cutting down the stately trees that provide so much beauty and,shade.

Thanks, Chantal Dolan 531 Center Dr Palo Alto

Chantal Dolan, PhD CMD Consulting, Inc.

4/1212010

Davis, Phyllis

From:

Sent:

To:

Cc:

Subject:

Betts, Greg

Friday, April 09, 2010 4:18 PM

[email protected]

Keene, James; Council, City; Roberts, Glenn; Dornell, Paul; Emslie, Steve

FW: Eucalyptus Tress at Eleanor Pardee Park

Attachments: Eleanor Park Eucalyptus MAintenance and Removals,doc

Dear Julia:

Page lof2

The City Manager has asked me to respond to your thoughtful letter regarding the trees at Eleanor Pardee Park.

The City's Arborist Eric Krehs has examined the sixteen euealyptus trees that border the edge of the children's playground at Center Drive and Channing Avenue, Mr. Krebs has determined that five of the eucalyptus trees are exhibiting signs of a sulfur fungus that may weaken these trees over time, For this reason five of the trees mostly along Center Drive -' will be removed and replaced with new trees that will fit in with the character of the park. The remaining trees will be pruned and trimmed to remove any over-weight branches,

Please know that we are approaching this project with a great deal of sensitivity to balance the concerns of park visitors for their concern with preserving the shade and beauty of these stately trees, I will add your name to our e-mail advisory list so that is additional information becomes available, we will be sure to share it with you,



Dream Green!"

e,reg 13ells. Director City u f Palo ;\ ~lo COlH1l1Url it), Service'.; O!'llce: (650! ,163-4.')51 Fa),: (650) 3~ J~5612 gr~g,!L~lli@citygfJ)~LQ~110,Qri;

From: Julia Soderbery [mailto:jsoderbery@gmaiLcom] Sent: Friday, April 09, 2010 10:54 AM To: Council, City Subject: Eucaplytus Tress at Eleanor Pardee Park

Hello:

My name is Julia Soderbery and I live at 525 Center Drive near Eleanor Pardee Park, I have three

4/12/2010

Page 2 of2

children who use the park frequently. I do not think the trees should be cut down· they are very nice for shade. Perhaps they can be trimmed but not removed.

We hope the play structure opens again soon.

Regards,

Julia

4112/2010

March 2, 2010

Eleanor Pardee Park Eucalyptus and Redwood Maintenance Recommendations Report

Prepared for:

Greg Betts City of Palo Alto Director of Community Services

Eric Krebs City of Palo Alto Public Works Managing Arborist

Prepared by:

Eric Krebs City of Palo Alto Managing Arborist

March 2, 2010

Page· 1 - of 11

[email protected] (650) 496-6905

,

March 2, 2010

Background/Su mmary

In response to safety concerns expressed by Palo Alto residents, I performed an inspection of the Eleanor Pardee Park eucalyptus trees and one redwood tree. My recommendation is to preserve ten of the sixteen eucalyptus trees and to remove six. r am also recommending the removal of one redwood tree that is in very poor condition. TIle individual tree conditions and supporting rationale are discussed in the Observations portion of this report.

My inspection was performed from the ground and this report reflects only the information I noted from this perspective. Most ofthese trees are very large and it is difficult to provide a thorough evaluation from ground level. If the City adopts my recommendation, a more comprehensive inspection will be performed during climbing/pruning operations.

While the need for maintenance is clear, I did not find obvious signs ofimminent hazards.

The trees are tagged with numbers that correspond to the City's tree inventory. A map is included for easy reference to individual trees (see Attachment A).

Observations

Tree #1

Species: Eucalyptus viminalis

Size: Diameter at breast height (DBH) 53" Height (per PWE Survey) = 94'

. Canopy spread.= average 70'

Past pruning was limited to the more horizontal branching. The remainder of the tree's structure was left to grow naturaiIy. There are branches with heavy end weights throughout the canopy. No obvious 01' imminent hazards are noticeable.

The most recent maintenance was in September of2006. Maintenance included pruning and an aerial inspection.

The health appears to be good.

Recommendations: Safety Pnme (See Pruning Recommendations)

Tree #2

Species:

Size:

Eric Krebs City of Palo Alto

Eucalyptus viminalis

DBH = a multiple of three trunks originating below 4.5 feet (M/3); 31",22" and 17.5"


Public Works Managing Arbodst Page - 2 -of I 1

March 2, 2010

Height (per PWE Survey) = 31' Canopy spread = average 25'

This tree ~as topped in July of2000. Rapid regrowth ofbranehes at the topping cuts are weakly attached to. the parent stems. .

Fungal fmiting bodies were found on the base of the tree. Field identification indicated a wellknown and aggressive wood decay pathogen, sulphur fungus (Laetiporus sulphureus).

The most recent maintenance was in September of2006. Maintenance was limited to an inspection.

Recommendations: Due to the aggressive nature of this wood decay pathogen, my recommendation is removal.

Tree #3

Species:

Size:


DBH M/4; 26", 21", 19" and 13" Height (per PWE Survey) = 60' Canopy spread = average 25'

This tree's natural form has been maintained.

Fungal fmiting bodies (1. sulphureus) were found on the base of the tree.

The most reccnt maintenance was in February of2010. Maintenance included limb pickup and an inspection.


Tree #4

Species:

Size:


DBlI = Ml2; 19" and 16" Height (pcr PWE Survey) = 47' Canopy spread = average 25'

This tree's natural form has been maintained.

Fungal fruiting bodies of sulphur fungus (1. sulphureus) were found on the base of the tree.


[email protected] (650) 496·6905

March 2, 2010



Tree #5

Species:

Size:


DBH = M/3; 49", 36" and 26" Height (per PWE Survey) ~·134' Canopy spread average 60'

Past pruning was limited to the lower branches. The remainder of the tree's structure was left to grow naturally. There are branches with hcavy end weights throughout the canopy. No obvious or imminent hazards are noticeable.

The most recent maintenance was in September of2006. Maintenance included p11lning and an aerial inspection.


Recommendations: Safety Prune (See Pruning Recommendations)

Tree· #6

Species:

Size:


DBE = 57" Height (per PWE Survey) = 90' Canopy spread = average 40'

Past pruning was limited to the lower branches. The remainder of the tree's structure was left to grow naturally. There are branches with heavy end weights throughout the canopy. No obvious or imminent hazards are noticeable.




Eric Krebs City of Palo Alto Publ Ie Works Managing Arborist

Page·4 . of II

[email protected] (650) 496·6905

March 2, 2010

Tree #7

Species:

Size:

Eucalyptus v iminalis

DBH = 48" Height (per PWE Survey) = 31 ' Canopy spread average 20'

This tree was topped in July of2000. Rapid regrowth of branches at the topping cuts are wea~ly attached to the parent stems.

Fungal fruiting bodies (L. sulphureus) were found on the base of the tree.

The most recent maintenance was in November of 1995. Maintenanee included plUning and an aerial inspection.


Tree #8

Species:

Size:


DBH = 64" Height (per PWE Survey) = 62' Canopy spread = average 50'

This tree was topped in July of 2000. Rapid regrowth of branches at the topping cuts are weakly attached to the parent stems.


Recommendations: Due to the aggressive nature of this wood decay pathogen, my recommendation is removal. "

Tree #9

Species:

Size:

Eric Krebs City of Palo Alto



Public Works Managing Arborist Page - 5 - ofll


March 2, 2010

Past pruning was limited to the more horizontal branching. The remainder of the tree's structure was left to grow naturally. There are branches with heavy end weights throughout the canopy. No obvious or imminent hazards are noticeable.

The most recent maintenance was in September 01'2006. Maintenance included pruning and an aerial inspection.



Tree #10

Species:

Size:

Eucalyptus globulus

DBH =42" Height (per PWE Survey) = 122' Canopy spread = average 35'


The most recent maintenance was in July of 2000. Maintenance included pruning and an aerial inspection.

Recommendations: Due to the aggressive natnre of this wood decay pathogen, my recommendation is removal.

Tree #11

Species:

Size:

Eucalyptus globulus


Past pruning was limited to the morc horizontal branching. Thc remainder ofthc trec's structure was left to grow naturally. There are branches with heavy end weights throughout the canopy. No obvious structural defeets are noticeable.

The most recent maintenance was in September 0[2006. Maintenance included pruning and an aerial inspection.



Eric Kreb, City of Palo Alto Public Works Managing Arborisl

Page - 6 - of II

[email protected] (650) 496~6905

March 2, 2010

Tree #12

Species:

Size:

Eucalyptus globulus


Past pmning was limited to the more horizontal branching, The remainder of the tree's structure was left to grow naturally, There are branches with heavy end weights throughout the canopy, No obvious or imminent hazards are noticeable,

The most recent maintenance was in September of 2006, Maintenance included pruning and an aerial inspection,

The health appears to be good,

Recommendations: Safety Prune, (See Pruning Recommendations)

Tree #13

Species:

Size:

Note: Special attention should be given to the limbs that are oriented towards and located above the playground,

Eucalyptus globulus

DBH 41" Height (per PWE Survey) = 96' Canopy spread = average 35'

Past pruning was limited to the more horizontal branching, The remainder of the tree's structure was left to grow naturally, There are branches with heavy end weights throughout the canopy, No obvious or imminent hazards are noticeable,

The most recent maintenance was in September of2006, Maintenance included pruning and an aerial inspection,

The health appears to be good,


Tree #14

Species: Eucalyptus globulus

Eric Krebs. City of Palo Alto Public Works Managing Arborist

Page" 7 " of II

eric,krebs@cityofpaloalto,org (650) 496"6905

,

•

March 2, 2010

Size:· DBH = 36" Height (per PWE Survey) = 87' Canopy spread = average 40'

Past pruning was limited to the more horizontal branching. The remainder of the tree's structure was left to grow naturally. There are branches with heavy end weights throughout the canopy. No obvious or imminent hazards are noticeable.

The most recent maintenance was in September 01'2006. Maintenance included pruning and an aerial inspection.


Recommendations: SafetyPrune (See Pruning Recommendations)

Tree #15

Spccies:

Size:

Eucalyptus globulus

DBH= 40" Height (per PWE Survey) = 87' Canopy spread = average 45'

Past pruning was limited to the more horizontal branching. The remainder of the tree's structure was left to grow naturally. Throughout the canopy many branches have heavy end weights. No obvious odmminenthazards are noticeable.



Recommendations: Safety Pnme (See Pruning Recommendations)

Tree #16

Species:

8ize:

Eucalyptus globulus

DBH = 55" Height (per PWE Survey) J 12' Canopy spread = average 50'

Past pruning was limited 10 the more horizontal branching. The remainder of the tree's stmclure was left to grow naturally. No obvious or imminent hazards are noticeable.


Page - 8 - of II


March 2, 20 I 0




Tree #17

Note: Special attention should be given to the lim bs that are oriented towards the playground.

(See tree # 125 on attached map)

Species:

Size:

Sequoia sempervirens

DBH ~ 47" Height (per PWE Survey) = 122' Canopy spread average 35'

This tree is in serious deeline, I estimated that more than seventy pereent of the eanopy is. dead. An inspection of the root flare indieated that 90 percent of the roots at the surface are dead and in various stages of decay.

The dead limbs and the decaying roots make this a hazardous tree.

The most recent maintenance was in November 2009. Maintenance included root crown inspection.

Recommendations: Based on these findings my recommendation is removal. There is a plaque at the base of this tree identifying that this tree was planted by the Daughters of the American Revolution. Additional outreach is being done with that organization and the tree will not be removed until after the representati ves have been consulted with and have agreed with Our findings.

Discussion

In my opinion the risk of limb failures on these trees has a higher degree of probability than the risk of whole tree failure. The likelihood of limb failure is compounded by the type of pruning used in the past to maintain safety. My recommendations are intended to mitigate both whole tree failure and limb failure.

Some of the risk can be mitigated by fencing a large portion of the area below the trees that I have recommended for retention. This fencing would al.so relieve some of the soil compaction that is being caused by foot and vehicle traffic. Soil compaction can negatively impact tree roots

Eric Krebs City of Palo Alto Public Works Managing Arboris!

Page - 9 - ofll

eric.krebs@cityofpaloal!o.ol'g (650) 496-6905

March 2, 2010

and over time cause the demise of a tree. (This is a secondary recommendation and depends on Parks Department's funding.)

The most probable targets for limb failures are the areas directly under the trees including the street, parking areas, and the sidewalk. (We can not close the street parking and sidewalk but we can fence the areas between the playground and the sidewalk.)

In July 0[2000, many of the eucalyptus were topped and major scafiold limbs were headed off to eliminate the possibility of large ~ranchesfalling into the playground area. This aggressive pruning negatively affected the health and physiology of the trees and made them vulnerable to insects, disease, and decay. .

, , The sulphur fungus (Laetiporus sulphureus) 'was identified on the base of many of these trees. The presence of this decay pathogen is most likely a direct result of the topping and heading cuts. All of the literature I have studied suggests that by the time the fruiting bodies ofthis fungus appear, the internal deeay in the hosting tree is significant enough to warrant removaL My experience SUPPOlis these findings.

Decay in the roots and basal area of a tree increases the risk of whole tree failure. This is not an acceptable risk in a high use area such as the park.

The remaining trees are generally in good shape, both in health and structure. While pruning cannot guarantee that we will not have tree failures, it does minimize the risk of retaining such large trees. The pruning that I am recommending is intended to minimize risks while maintaining tree health. With proper care these trees should be viable for many years to come.

Recommendations

Prqning: Use thinning cuts only. Reduce the height, spread and end weights by pruning back to lateral branches that are large enough to assume the terminal roles (at least one-third the diameter of the cut stem). Do not use heading cuts. Cuts should be limited to a maximum of six inches in diameter.

At old failure sites and heading cuts, reconstructive pruning should be used to maximize the strength of the limb to remain. Care should be taken to ehoose structurally sound limbs. The climber will be expected to thoroughly inspect the tree's structure and to discuss any abnormalities with the arborist so that changes to the recommendations can be formulated.

Removal:. Beeause of the aggressive nature of the decay pathogen found on tree numbers 2, 3, 4, 7, 8, and 10, I am recommending removal.

The redwood (tree # 17) is a hazard tree. The only means of mitigation for this hazard is removal.

Eric Krebs City ofPato Alto Public Works Managing Arborist

Page - 10 - ofll

eric.krebs@cityofpaloatto,org (650) 496-6905

March 2, 2010

Planting: The removal of the seven trees will create an opportunity to .create a planting that will provide aesthetics, shade, and reduced risk in the play area. The Parks Department and Public Warks Arborist will need to discuss the possibility offencing the areas between the sidewalk and the playground .. Once this is accomplished, we can choose suitable tree species and locate appropriate sites.

Conclusion

Providing safety for the City of Palo Alto's residents and visitorsis always our primary objective, but we cannot guarantee that trees will be safe. We use our professional judgment and experience to manage the risks associated with living with trees. From my visual inspection of the trees mentioned in this report, [ feel that the trees [ recommended for retention can be reasonably managed and that my recommendation to remove seven trees is based on sound arboriculturaljudgment.

The trees that I am recommending for retention have no obvious signs that indicate they should be removed. The recommended pruning is targeting safety issues such as heavily weighted limbs. Fencing the areas under the trees will further minimize the risk of injury due to falling limbs and provide for better tree health.

The trees that [ am recommending for removal are considered hazardous due to decay in the roots and basal areas. [considered other means of mitigation, but concluded that the potential for catastrophic whole tree failure is too high and that, considering the target area, it would not be prudent to maintain these trees.

My investigation did not include a comprehensive study to quantify the extent of the decay or the limb attachment strength to limb weight ratio. However, [ believe that the evidence collected during my visual tree assessment supports my recommendations.

Respectfully submitted,

Eric Krebs Public Works ManagingArborist [SA Celtified Arborist # WC-829 Member of American Society of Consulting Arborists


Page - 11 - of II


,

•

•

Message , . Page 1 of2

Davis, Phyllis

From:

Sent:

To:

Turnbull Family [[email protected]]

Thursday, April 08, 2010 11:22 PM

Council, City ;{f';l,:,IVc.u

CiYY iW1AG[f(S OFFICE

Subject: Please do not remove the eucalyptus trees at Pardee Park " ,


I have seen the stories in the Palo Alto Weekly about the concerns some residents have about the eucalyptus trees at Pardee Park. I also recently heard from fellow Duveneck parent Melissa Baten Caswell that apparenlly no residents have spoken up in favor of the trees. I would like to add my voice in favor of keeping the eucalyptus trees at Pardee Park. .

I have lived in Palo Alto not far from Pardee Park for 34 of my 48 years. I have always found the Eucalyptus trees to be an attractive and wonderful element of the park. My children, ranging in age from six to twelve, play often at the park and benefit from the shade these trees provide.

I am not an arboris! and can't speak to the health or safety of these trees -- and I would respectfully accept any determination the City Arborist might make -- however, having lived in Palo Alto so long and having no memory of any mishaps from these trees, it is hard to imagine that they represent an imminent threat.

With thanks for your conSideration, Steve Turnbull 1844 Channing Ave. Palo Alto, CA 94303 650-858-1091 tbfamil)'@comcastnet

----·Original Message-----From: melissa baten caswell [mailto:mbcaswell@yahoo,com] Sent: Thursday, April 08, 2010 9:29 PM To: melissa caswell Subject: Eucalyptus trees at Pardee Park are at risk


;--, -

-:

Apparently many people in the community have been writing to our City Council members asking the city to remove the huge Eucalyptus trees on the corner of Center and Channing in Eleanor Pardee park.

As a result, I have been told that the City Arborist is seriously looking at the situation and wether the trees should be removed,

The trees definitely need some trimming, but cutting them down seems like a serious overreaction. They are a stately addition to the park/neighborhood and provide needed shade in the summer to the park and the neighborhood, If you will miss these trees and do not want to see another California Avenue type situation, I urge you to write to your City Council members and let them know,

According to the Council Members that I have communicated with, they have received many

4/912010

j\1(!ssag(! Page 20f2

letters asking for the trees to be cut down, but I am the first person who has asked them to preserve the trees,


city,council@cityofpaloallo,org

For additional contact information go to: b1tR:I[www.eiIWl2aloaJto,QrgLdel2t?jcQu/default.asp

Melissa

4/9/2010

Davis, Phyllis

Kathy Jordan [[email protected]] I ()J2<:':~;; Sunday. April 11. 2010 6:00 PM -frt fP') 12 Council. City . ,I II tiM 10: I 2 please do not cut down the Eucalyptus trees In Pardee park! '

1'1' ~;LCU'{FD ",[ Y l'lA/iMlER;S GerIGE


Hi: I've heard some rumblings that the City is considering going beyond just trimming the trees in Eleanor Pardee Park. Please do not do that! These trees provide shade and a lovely environment! What a barren place it would be without the trees! Should we cut down every tree because a branch might fall on someone walking below? Then there would be a world without trees. I encourage the City to trim the trees to make them as safe as possible, but please leave them in place. We will be very upset if the City Council approves or encourages these trees to be taken down. best, Kathy Jordan

1

Page 1 of 1

Davis, Phyllis

From: Betts, Greg




Subject: FW: Eleanor Park

Dear Bill: The City Manager has asked me to respond to your thoughtful letter regarding the trees at Eleanor Pardee Park.

The City's Arborist Eric Krebs has examined the sixt~en eucalyptus trees that border the edge of the children's playground at Center Drive and Channing Avenue. Mr. Krebs has determined that five of . the eucalyptus trees are exhibiting signs of a sulfur fungus that may weaken these trees over time, For this reason five of the trees - mostly along Center Drive - will be removed and replaced with new trees that will fit in with the character of the park. The remaining trees will be pruned and trimmed to remove any over-weight branches. .

Please know that we are approaching this project with a great eleal of sensitivity to balance the concerns of park visitors for their concern with preserving the shade and beauty of these stately trees. I will add your name to our e-mail advisory list so that is additional information becomes available, we will be sure to share it with you.


CommLlnity Services Administration "Play Green. Learn Green. Live Green.

Dream Green!"

(;]"(~g B0US. Director \- nr 1):J1(1 Alb.1 CommUnil) S,.:rvi;,;l'~

:.l': J)5!i) ,iCJ-·:195I

:'!r'f.;_l,: ,:Oi/sf,i,,',' ,/1<: e/lvi/'o/iIl/~'I/{ bej(;i'e priming this e-mail.

From: [email protected] [mailto:[email protected]] Sent: Friday, April 09, 2010 10:00 AM To: Council, City Subject: Eleanor Park


I want you all to seriously consider SAVING all the Eucalyptus trees in the park. I live close by and enjoy them.

The danger they pose is not much different than crossing the street to get to the park; i.e., getting hit by a car.

Please save the trees!!

Thank you, Bill Abbott

4/12/2010

Page 1 ofl

From: Joan Wilson [email protected]]

,rri! ~fifipR I 2 AM 10: I 2

Davis, Phyllis


To: Council, City

Subject: Pardee Park Trees

Is this California Avenue all over again????? Don't you people ever learn???? Please have a couple of .good arboris\s (whom I ar:n sure would be happy to donate their time to this worthy cause) analyze these trees before a wholesale destruction goes on yet again, Between not really looking at the issues involved with HSR (and I know that some of the City Council members in the past did this), and this current isaue, you need to be more careful'in your decisions, One of the arborists I know (and who doesn't know I am even mentioning him to you) is Kevin Raftery, who is excellent

Apologies don't cut it afier the trees afe cut down,

Joan Wilson Miramonte Avenue Palo Alto

4/12/2010

Page I of I·

Davis, Phyllis

From: [email protected] on behalf of Carol Winograd [[email protected]


To: Council, City

Subject: trees

trim don't remove the eucalyptus trees we need more green not less and Califon1ia Ave looks much Jess inviting nOw that the big trees are gone. Carol Winograd

411212010

Page 1 of 1

Davis, Phyllis

From: Zhenping Tiffany Pan [[email protected]

Sent: Sunday, April 11, 20109:43 AM

o .......... . .!}f ~PR I 2 Al'llO: I 2

To: Council, City " ":,'I':;,':7-.',;'R1;,S' ''''f'ICE i 1':1\ t -\ Jt ..... r Subject: Eucalyptus trees on the corner of Center and Channing in Eleanor Pardee park

Deck City council,

Should we evaluate benefit and harm that the trees bring to us then decide what to do?

Cut is a simple solution but may be not the best solution.

Those trees take many years to grow and provide a lot of the shade. Does regular trim can solve the problem? '

A resident near the park

411212010

Page 1 of 1

Davis, Phyllis IP{)·

From: Pal Marriott [patmarriott@sbcglobaLnetj

Sent: Friday, April 09, 2010 5:31 PM -m APR I 2 11M 10: 15

To: Council, City; Keene, James; Planning Commission; Williams, Curtis

Subject: Traffic

I don't know how if I'm the only one who notices, but traffic in Palo Alto is a disaster, even at non" peak times. I drive through various parts of the city every day, and every major intersection is backed up for blocks: EI Camino & Oregon, EI Camino & Embarcadero, Oregon & Middlefield, San Antonio & Middlefield ....

Town & Country Village is a nightmare. The new traffic lights installed for Trader Joe's have made that intersection like a clogged artery. Getting in and out creates traffic jams.

Yesterday, I witnessed an accident in the parking lot when a car was pulling out of a parking space, got hit, ·spun completely around and smashed into another parked car. The lot is very cramped, lanes are narrow, crowded with people searching for spaces, cars lined up at the exits blocking cross traffic, pedestrians wandering around.

When schools are letting out, problems go up exponentially. Backups on Middlefield ,md Embarcadero are horrendous, I'm surprised there's not more road rage,

Palo Alto is going to narrow EI Camino lanes at Stanford. And Menlo Park is going to widen the sidewalks on EI Camino. They've already choked traffic into 2 lanes, and I assume they'll narrow the lanes in favor of bigger sidewalks. This makes no sense. Even if people walk along EI Camino, they first have to drive to their destination in their cars .

. I firmly believe that most people get to work, to school and to shopping IN THEIR CARS.

But the state and city governments push "transit"oriented" housing, claiming that people will walk, bike and take public transit "" even as we see bus and train service cut.

Palo Alto is an old city (as is MP) and there's no way main arteries like Embarcadero, University and Middlefield can be widened. If the theory of walking and biking and taking non"exlstent public transport turns out to be just Wishful thinking, the city will choke on traffic.

I can only maglne what It will be like with more dense housing, another 2,000+ residents and more kids in school.

pat

4/12/2010

Davis. Phyllis

Fr()!ll: Sent:. T():

Cc:

Subject:

Attachments:

Margaret Petitjean [[email protected]] Sunday, April 11, 20101:15 PM [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; throgers@menloparkorg; [email protected] Council, City; [email protected]: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Fwd: Claim filed over son's train death

Claim filed over son's train death

Claim filed oyer son's train d.,.

Re: EI Camino/Downtown Visioning

Hon. Mayor & Councilmembers, et al

All plans for Menlo Park must include grade separations at the railroad crossings and should be a No,l Priority to lessen tragic and needless deaths. Failure to do so constitutes negligenc~,

This is a reminder that the City of Menlo Park officials have consistently failed and then made written refusal to embrace grade separations in the past.

Apart from the deaths at the crOSSings in Menlo Park there have been countless near., misses of trains hitting vehicles, The claim of a driver whose car was dented from the gate arms descending as he was partially trapped on the tracks was reported to you and a claim was made to Caltrain for the damage to his car, An express train raced by on the other track.

When the petition for change which was lost by the City of Menlo Park but which is on file at Caltrain was Circulated by Jon Scott, an attorney and MP Transportation Commissioner, Jon Katz, M,D., a neurologist at Stanford and IVIP resident and I with 48 years of human experience of the crossing dangers at Ravenswood, there were numerous testimonies that drivers were unlocking their doors and unfastening their seatbelts as they crossed the railroad tracks for fear of being trapped on the tracks. Others are frozen in fear.

Consider that there is an abundance of foot, bicycle. strollers, carts, buses, cabs, skateboards from the library, recreation center, Burgess Park, Alma and Merrill St. suddenly cutting into the traffic and stopping dead the lawful traverse of vehicles crossing the dangerous tracks. It is illegal to stop on the tracks but the alternative is to collide with all of the above with their sense of entitlement.

1

The vehicle code is being mis-read. •

It is clear that the Ravenswood crossing should be closed to avoid the imminent dangers, or to grade separate as soon as possible. There is not one access across town to avoid the dangers at the crossings, especially since the baby bullet express trains were started with an environmental impact report waived. Where was the council and lawsuits at that time? What was discussed when all the gate arms in Menlo Park were stuck in the down position blocking access across town except for one vehicle at a time, including emergency vehicles, being guided around the one gate arm by the police and sheriffs. If there had been four-quadrant gates this would have been Impossible.

Most of us in San Mateo County voted for the Measure A transportation sales tax years and years ago with the promise of grade separations. That money has gone to other towns. Is it any wonder that there is hope that Caltrain will go broke and there will be no commuter traffic?

Many residents east of all the hazardous crossings take Middlefield to other towns to shop and do business.

. , It is shameful that commissioners and council members have ignored the railroad and petitioners for change for decades and are now suing to ensure more of the same.

Until the crossing dangers, air and noise pollution ends there should be no housing planned anywhere near this railroad and vehicles crossing must be given priority over all the other careless traffic that stops them dead in their tracks.

This council was asked to report to the Public Utilities Commission and the Federal Railroad Administration that vehicles were being trapped on the tracks. The recent horrific death (article attached) underscores the need for immediate action at whatever cost. Otherwise, we expect more lawsuits for negligence rather than those the city Is filing against improvements.

Margaret Petitjean, Menlo Park H,A.L:T, Citizens for Noise Abatement, H.D.R.N.

2

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Davis. Phyllis


Margaret Petitjean [[email protected]] Sunday, April 11, 2010 11 :21 AM mpetitjean@webtv,net Claim filed over son's train death

http://www.smdailyjournal.com/article_preview.php?id=128844&title=Claim filed over sons train death .

1

Page 1 of 5

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::o:~' P:~::i;@junOcom{f({pR I Lf

~;H 8: 20·· Sent: Tuesday, April 13, 2010 3:37 PM ... ' ,

To: public,recerds,[email protected]; Council, City; mgreemWOOd@p'(ij,q\I?qj:~PY:'R!"@; [email protected]; [email protected]; [email protected]; . [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Cc: [email protected]; [email protected]: [email protected]

Subject: Re: TSK! TSK! SUCH BEHAVIOR!

Hi Mark,

.,-. f.'J

Thanks for your cemments. In fact, one might say, remaining at all times rational, over a nearly 25 year career,in' the face of a largely irrational, racist and injustice system--might well suggest a true lack of rationality. v"> ", ..... .

~"-,) r, _,

Funny, those who apparently suggested I have acted irrationally in court, were unwilling to cite even one:tlxan\pl~:' of my alleged irrational behavior. Equally troubling, my accusers were apparently unwilling to put their names to their allegations.

I guess one ceuld argue, that folks who are unwilling to stand behind their claims/allegations-evidence a rather strong contempt for due process. In my view, any lawyer, criminal defense or prosecution, who is unwilling to stand behind their charges doesn't deserve a reply.

If you can't call a lawyer dishonest, incempetent, etc., then maybe the best you can do is make some broad unsupported claim of irrationality (so much for the courage to stand behind one's allegations/charges).

Aram

P.S. In my career I was never once held in contempt by a judge--this despite my regular and ongong centempt for much of what passes for justice in our criminal injustice system. I might add, that if you check my recerd with the statebar # 80215--you will discover that I have never once been disciplinced by the state bar.

Hi Aram:

I believe Emalie of the Cal State Bar addresses Tracy's comment's rather appropriately. Your thc model of what a defence attorney should be - rational in a irrational court room.

Mark

Sent from my iPhone

On Apr 13,2010, at 3:03 AM, "!).bjpql@jl]llo~C(lI:n" <!)[email protected]> wrote:

HEY ARAM! I READ THE GREAT ARTICLE ON DE-BUG AND THE WONDERFUL TEAM THAT YOU AND RAJ HAVE PUT TOGETHER..

4/14/2010

Page 2 of5

I UNDERSTAND THAT YOU "MY FRIEND, GET ALL EXCITED IN COURTROOMS WHERE DEFENDANTS ARE GETTING THE SHAFT. AND SOMETIMES YOU EVEN START YELLING WHEN JUSTICE IS BEING KICKED IN THE TEETH.. HELLmSOUNDS LIKE SANE, RAIIONALBEI1AVIQR TO ME!! MORE POWER TO YOU!!!

Emalie Ortega SB # 74872

De-bug's role as legal watchdog grows By Tracey Kaplan

Posted: 04/04/201005:58:00 PM PDT Updated: 04/04/201010:52:35 PM PDT

Raj Jayadev leads a weekly update meeting of Silicon Valley De-Bug in San Jose on ... (Gary Reyes)

• • 1 • 2 • J. • 4 • 5 • f.,»

Ramon Vasquez's urban nightmare began when San Jose police surrounded him at gunpoint in a parking lot of a Coca-Cola distribution center. Instead of coaching his son's Little League game that day, the soft-drink deliveryman wound up jailed for a gang-related murder, facing a possible life sentence.

Few 'outside his family and friends believed he was innocent until his fiancee heard abo,ut a

4/14/2010

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free legal clinic offered every Sunday near downtown San Jose by the grass-roots group DeBug. With De-Bug's help, all charges against Vasquez were dismissed and he was set free five months after being arrested. In February, he was deemed factually innocent by a judge, erasing his record and increasing his chances of remuneration from the county.

"It was like I had a law firm behind mc," Vasquez, 29, said of De-Bug's efforts, including urging his government-appointed attorney to mount a more aggressive defense. "I probably would have fallen through the cracks if it wasn't for my family/and De-Bug."

Now, De-Bug's coordinator, Raj Jayadev, has been awarded a $75,000 fellowship by the liberal Soros Foundation to teach local pastors and leaders in minority communities nationwide to be legal watchdogs on behalf of defendants and their families trying to navigate a confusing criminal justice system.

For the group, founded as an ethnic media outlet/collective best known for picketing San Jose City Council meetings to protest use of force and arrest practices

Advertisement

by police in immigrant communities, the award represents a coup !I€" at least in activist circles.

Supporters say Jayadev and the controversial group are devoted to a worthy goal !I€" making sure everyone accused of a crime is treated fairly, as guaranteed by the U.S. Constitution. De-Bug's ultimate mission is to reduce racially disproportionate incarceration rates, partly by informing defendants of their rights so they don't take .an expedient plea bargain out of a sense of being overwhelmed and alone.

Among other tactics to help defendants, they have done legal research for attorneys, marshaled volunteers to attend court hearings and met with prosecutors.

Complicated leader

"I'm grateful there's De-Bug," said Burlingame defense attorney Paula Canny, who worked with the group in San Mateo County to reduce charges against a rap music producer. "The service De-Bug provides, like finding me a gang expert and getting transcripts from other eases, levels the playing field with government prosecutors, who have so many more resources. "

On the other hand, prosecutors i\€" and even some defense attorneys !I€" chafe at De-Bug's growing role in the courts. Few are willing to openly criticize De-Bug after the San Jose police union was decried last summer for calling l})i,its leaders and members a group of "thugs" and mocking Jayadev's testimony at a City Council hearing in a video posted online. Privately, however, critics slam De-Bug 's credibility because their chieflegal adviser, former public defender Aram James, has a reputation for ilTational behavior in comt ..

They also criticize Jayadev and De-Bug for failing to exercise more discretion in their choice of defendants to champion §€" perhaps out of naivetA©. De-Bug brings the same

4114/2010

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passion to cases involving the notorious prison gang Nuestra Familia or teenagers accused of killing a Guatemalan immigrant as they do to more sympathetic defendants like Vasquez.

"If we felt there wasn't an injustice, we wouldn't get involved in a case," Jayadev said. "The standard is, does the group feel comfortable with the case?"

A slightly built bald man with a political science degree from UCLA who listens motc than he talks, Jayadev, 34, casily straddles two worlds i\€" the hardscrabble streets of many of De-Bug's "clients," and the· more formal criminal justice system.

"We have philosophical differences, but Raj is a pretty bright guy," said Chief A~sistant District Attorney Marc Buller, in a commonly heard refrain.

Often mistaken for bei~g African-American, Jayadev was born to immigrants from south India who came to the U.S. in the 1960s so his father could attend graduate school in Wisconsin. Growing up in Detroit and West San Jose, Jayadev said he noticed early on that his mother was treated "in subtle, dismissive ways" because she was a dark-skinned "foreigner," albeit a legal one.

Jayadev became an activist after going 10 India and then working a temp job after college at Hewlett-Packard assembling laser printers.

Controversial cases

De-Bug started out in 2000 as a project of New America Media, a coalition of ethnic news organizations based in San Francisco. It began publishing a magazine the next year and opened an office in San Jose about three years later. The group's name comes from the team of employees who "de-bug" problem products. In fact, one of their first projects was an article about the travails of Silicon Valley's low-wage tech workers.

Jayadev said the group's attention turned to legal issues after a series of controversial cases involving the police. Most notable was the 2003 fatal police shooting in San Jose ofBich Cau Thi Tran, a mentally ill woman who was clutching a large Asian-style vegetable peeler that police mistook for a cleaver when she was killed.

De-Bug believes it was instrumental in a judge's decision in 2008 to spare a young San Jose man from a potential life sentence for a gang-related home invasion robbery. The group helped relatives bring the case to public notice, organizing rallies and bombarding the judge with sympathetic letters and e-mails.It.slikely Joshua Herrera also benefited from the influence of his uncle, East Side Union High School District board member J. Manuel Herrera, since the judge cited a letter from the school trustee during the sentencing. But "the Herreras felt the role of De-Bug was so central that we catered a recognition lunch for them at their office," said J. Manuel Herrera.

"Josh is really where we learned commlmity efforts can impact results in cases most of the time seen as impossible," Jayadev said. "As an attorney once told us, you don't want the court to think the guy lives in a cave by himself.' "

De-Bug also takes pride in "empowering" community members like Gail Noble, whose son was convicted of assaulting a man who tried to retrieve his daughter's stolen bicycle from

4114/2010

PageS of 5

one of the boy's friends. Noble has since become a passionate advoeate, eounseling and supporting other families of the accused. She even met with Buller, the second in command in the District Attorney's Office, to suggest prosecutors stop issuing strikes against juveniles. .

In an article in a local weekly, Jayadev wrote glowingly about the encounter: "With no institutional assistance, no high-finance nonprofit and no political ally,a mother has initiated a policy discussion with one of the top law-enforcement otlicers in the county about a reform that can dramatically alter the juvenile justiee system. " ... "

But the policy has not changed one iota. "We continue to look at each case individually; we haven't made a blanket change," Buller said.

De-Bug's idealism could soon be tested. In an ironic twist, a De-Bug leader who aspired to be a defense lav</yer, Albert Cobarrubias, 31, was shot and killed by a gunman in January as he played pool with friends. A suspect is in custody, and Jayadev says the group wants to see justice done a€" but this time he means for Albert, the victim.

Contact Tracey Kaplan at 408-278-3482.

4/14/2010

Page 1 of 1

Davis, Phyllis ~/;M} ..... , ~'" From: Public Records Request Tracking System [pUblicrecords:7J.\~§Ptrb&infl!®g1MII(tomJ Sent:

To:

Subject:

Wednesday, April 14, 2010 8:48 AM '''~i:; ii.G

Burns, Dennis; Gennaco, Michael J,; Miller, Rob; abjpd1 @iD;'o,C6tHNvd~'9', lfd61!lfBrow n, Sandra; Keith, Doug; dprice@padailypostcom; [email protected]; Beacom, Bob; brad,[email protected]; gerald,engler@doj,ca,gov; loretta,king@usdoj,gov; aaarias@laoircom; bjones@laoircom; c2Iherna@laoircom; jruhlin@laoircom; Baum, Gary; Tony Ciampi; Timothy Gray; Council. City

Chief scoffs at calls to resign

Attachments: Daily News 02-02-05 Front Page, pdf; Police Chief Resigns Part One ,pdf; Police Chief Resigns Part Two,pdf .;;;,

From the archives -

Aram:.

Here's Gary Buam's motive for calling my employer coercing them to have me terminated for se:i!.ding,., . emails critical of city government which he in fact accomplished.

His actions were very provocative and suggestive beyond a of "color of law" violation. I know of no other recorded instance were a government city attorney called an employer to influence there continued employment thinking practices.

This is outrageous abuse of government powers over the people and there constitutional rights.

"Helping lead the charge against Johnson is Palo Alto resident Mark Peterson-Perez. He likened Johnson to an SUV with a faulty brakeline."

"I believe she is defective and needs to be recalled," Peterson-Perez told the Daily News.

"Th~.fQ!llmeILts.Jhat \'Lo.llkLendJohrL~ll'§.five-y~aL temlre,as chief occ),Lrred during~a_i<ommunllY meoetin~"t. 30 to inform residents about a string of street robberies.

Responging to a gu~stion from Mark Peterson Perez, who alleged that officers singled out drivers from East Palo Alto, Johnson denied the charge ~'" but said officers should stop anyone who matched the suspects' descriptions."

."When our officers are out there and they see an African-American, in a congenial way, we want them to find out who they are," Johnson said.

In my opinion, Chief Burns is just another accident waiting to happen .......... ln his case, like his predecessor, his accelerator peddle is (defective) stuck wide open which will lead to disastrous outcomes for our community ...... given his questionable past and cuncntbehavior.

Mark

4114/2010

Hospital bills tied to bankruptcy CosH)" mnc~~cs [rigger uoom half of rru;dicul ~dmob ~l!i,j 1M rirnJ~ngs u[J(\cr- cy," ~l!lt! Dr, David Himm.clxtein. !he

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~ PALO ALTO DAILY NEWS Also serving Meruo Park, Mountain View, tos AliOS, las Altos Hills, East P~lo All!), Alher(0I1, Portola Y"'ley, Stanford, SUnnyvale and Woodsi<le

c, .. """" .... ,''''--'''c'[t<,,,I<'_ .... COMl3INEO DAllY ~s CtRCULAl'ION: 59,ll7 \\:Ilo;ne :W, Number 5B

Chief scoffs at calls to resign

Cops can't Court needs cash recall detail from Peterson trial

SIII\ Mal.'!) COllnl), $ rrr:sn:hng lnlhe mlll'ders ul hili' PICEMnI \Vlre, BY JEANMHlNEY . . .... - .... -----~~~--.. """"~- judge SlIi(1 yC$(o,:n!:IY I[\,\t hi~ ' . .'UlIlt i$ Luci. nml the fetns slJ<.: earrie(l. ~~.~_~"_~._ ..... ~ __ ~_~ __ ..... _~_ (ncing rllndlng rhorlfnll6 in lhe Juror~ [lse>.! IlK penally ~I dCillh.

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BY lASON OREal l>Mt~fI'#IS'J,lTW""EfI

P:llll AlII) dlief of PoI;ee Lynne Johnsull wasn't SU!~ jlri~ct1 It) hcaru memlx:rOf'litc Imblic upenly call for her rc~ignmtnn !II Ihe lale~l ctlr COIlllcll meeting.

It'~;, UC!!l;lIlU juhn~!1n 11ll~ ",atl fl'r muntin ill r,;-I\l<1ils c!IHlliltt'u by a .;Illicit or lUGll dli:reflS, The), say the t:hic!" needs 10 Iller down OCCl\ISe :;hc's luiletl l!) He\!{jllal<.:iy Hltcress mW~rs of polk~" misconduct

"There ~rc 1111YlI)'11 differentes of opillioll." Johnwo Slid,

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"I bclicrt lhc is defectivc and oc'\.alt II} he l'!X'nl1cd," Pclehl,lll-PCfel told the Dally News, JOHNSON

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.... Soe POlICE Qj·ifr. Pi/go 63

Medicare to cover Viagra

Scxtlol pcrfoommcc drugs stich fI$ Vinsm will t...: COVered ill Medic.",', n~w prelcripdo!! drug progrnm, a life~tylc mlher th~,11 lire~a'iil!g koeHI Ihm eOn!1Cn'allve~ Mil Wlikhdug groll~ SIIY the gqvef'IHlCni shl,llddn'\ pfOyitk,

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WEEKEND, Nov. 21-23, 2008

77~yea .... old dies in crash

rp·pPYca~ c~ Internet hit

I!! Vampires fly IJ· into theaters

Police chief resigns BY JAN s. PORt tnil'ihHl$[MIWlllm

Palo Aleo police Chief LYlllle Johnson somb;rly lI!11toUflcOO her relirtmt;'.Jlf ye~lerd3y. three weeks to the day she made the noW~illrll· mo\!~ COIllOlCIl.IS tfrn.i \0 mallY ling· gested she lOki officem lo en!}'ge .1Il racial profilh,&,

In wake of profiling scandal sure rrom K~!)C or tlle City Coun· eit B~I Iiley a8rcOO tlmt the COil·

Imvcu:y ever Iwr COllll"TJl.llllS haJ Inkcn its loll all tht both chief :md dlC police depal"fmcnl.

o~{. 30 tet oIT All cxp!rulnn or oUImgc_ from lesldcnls Qf Pulo Alto nnd neighboring cities, and led many local! (or her firing.

vcrs), pushed ocr 10 rclim. "It ecr!sinll' wru; il (iletor:' Joll11$OIl lold lhe Pml. "Very defiuilely." "From Ihe moment l;lJe made

her sllllcrucnis this has bt:c_!1 fill el'.Ifcmdy diflicull and hard tim(~ for her - liS iI should be," Keene tOld

JOHNSo.'1 'np; /!laiemCllls .1olln001l mad('

Tile !lend), 34-ycnr YClernn of tbe f"all) Alttl Police Dqmrtm<!nl admiued yeslerday thm IllI:- cOlliro,

BOlh )ol1Oson and lIef bost, City Manllger Jim Keene, imisted Ihill fhe chief's dud\ioh 10 retire WAll

volun!ary mill nO! a r":-3ult or pro:s~ !Sec CHIEF,)Xlgi! 141

THE UPDATE

-444.99 Thr Dow clOSl.:d llt 7552.29, or

2403:21 points lower tliflil when [he btlHout' was appn)V(:~L 'trllder:; wele t'oneemed yrsterday that ('red!! nwr· liels \vcre \IgaiJl ligh~(;ni,ng.

REBOUND IN AS1J\; MO~I AsiAn rnarliel< rolxmndtJ this morning a(terdnys or slmrp deci,ines III global market'l ns iUYC$lnrs scooped up batlereu fimmdfll And \tehnotogy shares.

VEHICLE TAX TO TRIPLE: The L.A. Times reports thAI Illmt Republican Ill-wmakers in tlle slale Leglslnwre h,\¥,c agrocd .. "jlh DemocrAlS 10 inICre;I:;.e (he .. chicle license fee tllnl drivers, poly every ye~\I' fron. ORi flercent 1('<0.2 percent.

Oil PRICES reI! .$4 0. hand )'t'sterdllY to $49.62,lhe lowest since May 2.1,2005.

SAN JOSE CELEBRATES: Liz Kniss will be one of the ;)flidals on llfll!d ru; proponenlS of briuging BART !OSlln Jose relcbml.e ihe likely

(Sce THE UPDATE, fill~e 4J

ELECTRIFYING pROJECT - People check out a hybrid elecLric vehIcle outside San francisco Clly Hall yesterday, AP photo.

Bay Area to plug in Recharge network for cars planned

A $1 billloo network of elec!ric car rechllrglng Sllltiotls wijj dot fWy Arc;!. highwfI}'s under a pli'ln unvdlct.! ye~lenlRY by 1000al offi· clfll~ Ihat aims tn grcmly CXr~l.lflt.!

the. ollmlx-r or dr('tric vchicks 011 the rond.

Palo Allu-ixlsed BeUcl Piuce fllung with San FmndllOO Mayor Gavin N('w.~\)m, OakllinU Mayor Ron Dcl!l.lm~ Rlld San lQ~ Muyor Chuek: Reed announce.d lhr. deal, which Mlts ont to illsmll clmlJl"

ISec ELECTRIC, page 121

Belmont • VIce mayor

convicted BY RICHARD COLE

0 .. :11 I'Dll SI,>ff Wro&<

Jnrors look hllrell' an hom yesterday In c{]nvict Behmml Vice Mayor WHli.am Dickenson QU t\'to eOIln\s of domestic violence ror grnbblng his cxgirlfrii::lw arn:l throwing her to the floor ill July.

lkpuly Disirici Allor· fie)' Trlcifl Po\'ah h~t.! called for lhr. gliBly verokl ill her clo~ing <Irgtlmcnt, saying Dickcaroa's drl'en~c

"!lmk<;~ Il()scn::e (I! aiL" IlICKENSON The victim. Jellllife;

Mac$wllin, whoPI tbe Dllill' Post is now Idelltirying because OIlier media hav..., disclosed her name,said she hnd 110 wmffient Of] thr 1llI\!{cr <IS sht opened her bar 011 BIl>ru.hvtll' In Redwood City.

Dickenson flatly rcfu&.-d to lIlep down [Sec BELMONT, page 14]

,ldU,] II !.I:P'd.jltiBnll

CHIEF (From pase I J

the ~t. ,"This: is her.deeision. 1 did not Mk thc chief fOr her ~~ignruiqn,"

Keene Sflid lohnson told him OIl Mond:l)' th~t ,he planned to retire, thollgh lhe dccisiQn was kepI quid UI\-In YC<l!erday, even fmrti memb:.rs of the CityCoondl.

John$ol1'il rellrefl'!ent w!U noL be effeelive untit Feb. 3.-bul het Ins! ~y itlllotrofilCl? will be Dee_ 19. Wirh 34 Years in Ihe dep~rtment neJil Febmary, Johnson, who made $19IlJ471f1st year, tmd earned the maxi· mum amo\lnl on her pen$i<'fl. Keene said it wat well known among ellY leader$- thaI she planned In retire next year.' '

AuislMl1 police Chlef Dermis Burns will take oyer a, acting police eloief tlfter'Joimson lca'fes.

The ehlef allllOllnced her_deelsiol1 al a meeting of Palo Allo poticc officenl at City Hflil ye~terdfly afterooon. As Bums read a Slll!ement explainlng his ross' dedslon,Joouson shed teilTS.

'You'ye got sUP&lort' She then told lhe officers, "You've gal a 101 ofstlp"

port flut thefC .... so j'/Sl do yom job." Mler a few mOmen!s of sllenee, tIle officers slood fmd applauded their boss. .

SeverAl City Cmmeil members said ycslerday Ihllt (hough lhey appro\'cd of the chief's decision, lite council had not played Ii role in pushing for her de-parture. '. ,

"II was appropriate at thb lime given all thc coatroversy lhtl! ~s otisen becau>e of her remarks," MAyor Limy Klein said.

COllneillllember Pni Burt, who had originall)' crill. ;;+led Johnsn» lor 001 apologizing forcefully enongh (or what She snitl, praised her for rising from a patml officer to becomc the ,lep1lr1mem's finH WOOHlll chief.

"llhlnk everybody odmow!cdges thmit created a very difficult circull1slance," Bml sai.d or her rcrtlilrh. "She fuily lllldcrstood Ihe consequences of what she said, the meaning of it. nnd took 'full responsibilily (OJ il:'

Tlle commenl.ll thai wOlild e!XI Johnson's five-year tenure as chief occurred during a community meet_ ing Dc! .. 30 10 inrorm resldenls about a sIring of slreet robberies. Responding roa qlles~ion from M.nk Pelcrson Pcre:t, who alleged thai officers 5111g100 om dnv. er, from Easj Palo Al1o, johnson denied the chl1rge .. ~ \IUI said officers- should stop anyone who matchcd the suspeclS' descriptions.

"When ollr officers are oul there and rhey see ~n

"I think everybody acknowledges that it created a very difficult circumstance. She fully understood the consequences of what she said, the meaning of It, and took full responsibility for It."

Council memoor Pat Burt

African-All1erican, In aeongenial way, we wllnllhem ro filld 0111 Wll0 they are:' lohmon stlid. She added lhal if lhey SAW a mall wearillg 1\ do-rag on his hend

which hY{) of Ihe robber)' Stlspctts report.edl)' wore lhey should queslioll him, \00. Whell reporters asked her about her coumients after the meeLing. Johmwn repented them.

Membcr$ of lite public quickly proleste() Johnson's comments, ssyil1g she admilred 10 lelling herofficets 10 engnge in radal profiling.

Thesloly hllne""5papl'w.' front pngC3llJldTV news· (l,lSts itround the Bay Arell. The ehief began apologil" illg the day after her Sll'Ilemeu\ WM urn reported, but apologized 1\ sc-cond lime before Ihe PRlo Allo Cit)' ('.cunei1 aricI severnl members said she hadll't rc--flounced her slatements: strongly enough,

Calls fOf 4irlng In two suhseqllenl council meeting .. aad n prOtesl

march from EAsI Palo Alto to Plll<> Alto, local blAck cGml1lllRit}' members - Including civic lcnder$ 0(

EAst Palo Aho - called for lolinson's firing. Black residenlS Sflid Johnson"s comments were a publiC fiC~ kllowledgmenl!)(a policy that hfid frighlenr,u and an· gered lhem for decades.

An lndependent inYestigmioa was entled lo Io:)k illlo whether the dep<HtlllC!I! eUgllgcs in rocial proll.!. Ing.

Spenking 10 lire Pml YClilerday, j{Jhmon insisled that her wOrd5 were laken the wrong WRy or mlsuaders\oOd - but only by n few.

"Mosl people 11IIderstood what i laid_ The)' knew that ,,!XIer no cirClll/lsll'lnce<! \';/Q,lId ii be any sort of direction Ihe way it came out,"~ she uid. ''There were some people who didn't Undc(Ulllld. That's the proh--km with 30-second soond biles."

The chief forcefull}, denied thN racial profiling was evcr a tactic uscd by Palo Alto /X'IlicellutJsnid the very icleaof it went "gainst ltcJ work as a cop, BUI ii's DOW for others to hrmdle, she said"

''This il>l\lIl> 1$ biggertlllUl Lynne Johnsoll. it's bigger IhAn lite Palo Allo I\llicc Depllrtmelil," Johnson $Ilid. "We're dealing with 11 sociel11! iSSile. We're dCflling wilh,AS a nmnbcr of people hnve said, istll~ between Palo Alto and FAst Palo Alto Ihnt go bock years ruu) yoo!'$ and yearn, I undersJaad the emotkm-'> but proh. lems Aren"lixed or resclvcd bm;ed upon emotion."

Pillo Alto resioolliand fmmer public defender Aram James, n k>llgtime crilic of Johnson and Palo Alto po_ lice, said he suspected 111m ]oltllSOfj was fmced 10 resign by Keene. He welcomed her decision to leave, bw Mid Ihat tlle city wouldn't improve unless it hired a new chicf fr<lrn {jlll~ide the deprulmem.

'Fanned the flame'El' "She's Irylng to pnl a smil'lIlg fnee Oil what's been

yeact of missteps .. , almost from Ihe beginning of her Jennie," James said. "She ffllmed the ftnmet of rneisfIl,"

Bmh Keene and Burt yeslerday praised Johrn;on for her nlltny years of serviee and said they feflred lliat her positi'fe contribmions would be ovcrshlldnwed by the mcial profiling oontl'()vcr~)'. But Keene, whn spoke to offiecrs wilhout Johnson after her controversial comment'l, 5aid they'd clcated n rng problem ror the dep!lftmenl.

''The_ chief's oommc!l1S were disconcerting Imd dislurbing to pollce officers," Keene lrud the Post, ''They fell Ihat those comments made doing Iheir job more difficult"

As Ihc cit}' manager - a job he's now held for about lW(}-I-Ioo-a-half months - KccliC alone holds Ille power to hire and fire Ihe police chier, While KcClIC ortgirmlly 51roogly dcrn)llnced Johnwn', initial commen!$. he Mild lie would give her lime to apologiLe and mAke amends.

"She hns fUade the efjorl certain!y 10 reach ollllO folks," Keene said 'nslnight.

Keene, Kiehl and loluioon S6id lhalille chief's fe· bremenl wou1d Hol tlOp fhe chy's {)funs lo bniW aft $80 million police &Iluioo on Pnrk Boulevard.

Johnson, 5'1, SI'lid that f\!1er her lasltiry on ~. 19 s.he plans to take six months orf "to decide whal 10 do wilh tile restof my life." The Fremont resident said she would prooohly look: for 1V00k after her reilremenl.

"I'm noL Ihe type to dl around aad twiddle my thumbs," 'he said.

Asked for advice for the next head of P<l!o Alto's police depnrtul':nl, lhe reliring chid didll't belray her repmalion for being tough,

"¥OI!'YC got w be lrue 10 yourself and continue to do Ihe rlghi thing, no mnlter what OIlier people ~lly," John:;on Advised.

SILICON VALLE~ BELMONT

I.'~. hom hi, ehy oo»ncol '''I follow

IFrom page 1]

t,"' t0~~ , ing the vcnhe<, saylllg he would " 14 " ~) \ t.'Ontiauc to serve the pcopte of

A _i'_-<~ l3e~~~nt.OChcr Bclmo!\1 cOUllc11 * L. members attended the verdict hut

Computer~'" NMwotk Speelali$t$ made no lrmncdittlC eomment lfI' 6.50,490A00'2

www.silieonllalleypc (lihi inconsistent account

Euro Comfort Dress to Impress Wl1iwuf stress·

200/~o

51r~FF "" ... LE

In her powerhll dosing, Povan ticked off the illCOll!;iitcnd~ in Dickenson's aecollntof Ihe Jnly II confrontation, and comprm;d thcm 10 MacSwain's story,

III his closing, defen:tC tlUorney Jcff neksOfl pointed 10 holes in lite ex-girlrricnd's slory, her apfIDrcOl lies about driJlldllg, RlllJ the urnnd vision of l>01iee who focmcd only On her version of the nilcrc;"l{iol1.

"Her lief)' firs! response to me Wllt untrue," snid JucksOJI. He noled Ihal despite her denial thllt sne had n drink before Icslifyillg Wednesday, police lalcr tes!ified MacSwain £melled of ftlcoholtwo hours before she took !Ioe stand.

Poval! poundcd awny at what she calla,! the tlbsurdity of Ihc ocfense's contenlion that Diekenson never 10llched lite victim dllring the confronUuioll at wh~1 now is

Ihe RWC t)ndefgrollnd bar III 2650 Sroodway.

According \0 Mftc,~waln. DickenSOlI gmbbed.be pnniC on her shoulder. swung hadowLl tothe noor,and dmggecl her along Ihe carpet,

Dk~enson, however. e!.lIlmed she ht! him ill the head With her pLlr~e, lbrew II drink on him. nnd thai he never laid I! hand OJ) her,

The prosecutor $lIid phoLo~ of the red mutki on Mac$wain'~ firm and shoulder werc consistent with her SlOry, flOl Dickenson's.

And hill ex-girlfriend callcd 911 immediately mld ~id site WilS being held agaiflS1 her will in the oor, while lhe Clly ~mci!man Wfliloo 3 ~ minutes before contneting pel" liee.

"He knew 5he had called 911," Poyah said of his pollee call, "He wlujusltrying tQ eovu himself."

Dickenson finishOO IIp his tes-. limooy yeslerday morning, ilisistlng, "1 never touched her,"

The dcren~e sLlggelltcd Mae-Swain made up much of hef story liS il way to esenpc financial debts she had incmred with DickcntOlI to keep the btlr afton!.

Dickenson also lestified thut he

Was Mill wet from havillg a drink thrown at him wheu he talked to police ,tIncr the nllen:alion. But on reblillIll. Redwood City pellice Of~ fieer Mfirk Alifrlllo insisted liml he ~w no evidence the defendant or his c!othes were sooketL

Pboto evldenco A photo Itlken of Dickeuson

Ilhowed some rooness 011 his enr. ant!, according 10 the defense, lhnl his Imir wa5 weI.

Dickenson wns oon'tieted of two mtSdcmeJUIOl' eOUI1IS: domestic battery for swingiflg MucSwaitl [0 tlle floor, and falsc imprisonment fOT blocking the door when she tried laleave the bar.

Following 111<: 'feruiel, SI\1l Mateo County St1peoor Comt Judge Mark Forcum a~red 10 offer IU\ olive branch 10 Dickenson.

lie suggcs!cd IhIIl if the coundlfl)lln would IIllend domestic viclcn<:c classes before his Jail, J2 s{:1l\cncing, he would Mve a beLier ehance at getting probation,

BlIl Diekenron, while saying hc had lislenctl to lhe judge, did 110{ commie hhll~elf 10 anel~ing Ihc classes,

.,

Page 1 of3

Council, CIty

From:

... . ... ... ..... ...... .. .... ...... . .... . ..... ':.,/7' _ .. [email protected] /i~ '::.

Sent:

To: Tuusday, Apnl13, 2010 10;00 PM . " •• .t:tr 1 ! [email protected];Moore, Adfletlr.e; ¥ooen@da .• ~CCQO'I.Qrg: [email protected]: roolflrrnnkleJ@gm~.ckrl,l;~.b1a!!t~s~~ajr:aQm'2 I Venable, Mark; Beacom, Bob; SlOwn, Sandra; Powers, Nalesha; WalsM, Ron; Keith, Ooug; Doug.kei!h@cfiyofa!oBllo.org: Burger, KeUy; lciampi@holmaii2tlh I U~

Cc; wmsrl'[email protected](!m;Denson,Mike;\tllllson,Ron;Powar$, Natasha; [email protected];Burge.,Kelly,Morariu,Ko!Iy. KI:"Me, JemelJ~ CO\lI,?~ ejly; Wagner, April; klein:[email protected];Schmid, Greg; SG:herff, Greg; HoIm,m, Knfen (inlernall; Do'onlscerr@<ja.sc.cqol'.org; [email protected],orQ; d!0(flj(iruj@dai5~~dw~; , mbul'[email protected],ca.us;Honiker,Milrn;HRC; Burns, Deonis; Blown, Sandre; Wilng, Seelll; Keilh, DQug; tlmO!hyt)[email protected];lHeder!4pltH~;. t:sP,i%,iI!i, ~~i;f..(i)llafMI); dprica@pada!lypostlXlm;ddaboll@padaayposLlXlm; QerakJ.eng/ar@(joj.ca.l}OV;[email protected], [email protected]:[email protected]; . U .,' ,) Ufo I ICE bratt:wolt@C1I}'(lfpi!loollo.001l1

Subject: Ra: JusUca Dapartmanl Moves To Raform Notortous New Orlal'll"lS Polito 0 epi!rtmetllis Palo Allo Nexl?

Mark,

AI! points welltakc:n! No crossing guards proposed--but male cops stj11 allowed to frisk female stlspeclS-- even when female o111ccrs are readily available~scarystufI Dennis "Jim Crow" Burns musi go.

Aram

~_.~_nu. Original Message ~w •• ~ __ ~"

Ret\.lfr1~Path: <pub,lie.re90rds.request.traeking@gmaiLeom> Received: from 01>:01. vgs.untd.colll (mx07.vgs.untd.com [10,181.44.37]) by maildelivcrO,7.dca,untd.com with SMTP id AADF6LQ6PAN7QR9J for <abjpd"@juno.eom> (sender <public,[email protected]>); Tue, 13 Apr 2010 20:50:37 ·0700 (PDT) Authentication-Results: mx07.vgs.unl(tcom; DKIM=PASS Reccived~SPF; Pass Receive{i; from mail-pvO-fl77 ,google.com (meil-pvO-fl77 .google,com [74.125.83,177)) by mx07.vgs.untd.com with SMTP id AABF6LQ6MAVYQRAJ for <abjpd [email protected]> (sender <pl.Iblic.rccords,[email protected]»; Ttle, 13 Apr 2010 20:50:35 ·0700 (PDT) Received: by pvc30 with SMTP id 30s04037683pve36

for <,bjpd [email protected]>; Ttle, 13 Apr 20 1 020:50:35 ·0700 (PDT) DKIM-Signature: v""l; W"'rsa~sha256; e""rclaxcd/rc]ruced;

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MIME~ Version: 1,0 Recciv<d: by 10.142.127.1 wi,h HTTP; Tue, 13 Apr 2010 20:50: 15 ·0100 (PDT) in·Reply~To: <[email protected]> References: <20100413.13! [email protected],com> From: Public Records Request Tracking System <pllblie.records,requesUraeking@gmaiteom> Date: Tue, 13 Apr2010 20:50:15 ·0700 Received: by IO.14U5.4 whh SMTP·id !l4mr3102847wfl.19&.127 12 I 7035257; Tue, 13 Apr 2010 20:50:35 ·0700 (I'DT) McssagewID: <j2g81 J Ode7S! 004l 32050z7c66399awaab?e3a3f2ab77 [email protected]> Subject: Re: Justice Deparlment Moves To Reform Notorious New Orleans Police D epartment is P/tlo Alto Next? To: "[email protected]"<abjpdl@juoo,com> Ce: wmartifl45@hotmaiLcom, [email protected], Ron. [email protected], Nalasha.powers@cltyotpaloalto,org,

. t.ciampi@hotinail,[email protected], [email protected], [email protected], city. [email protected], apri!, [email protected]. [email protected], greg.schmid@cit)'ofpflloaito.org,[email protected], karen. holmao@Cityofpaloaito,org, [email protected], [email protected]. [email protected], mbu1Ier@da,CQ.seLca.us, [email protected], [email protected], dcn" is. [email protected], sandra. [email protected], scott [email protected], Doug. Kcith@cityofpaloalto,org, limo lb [email protected], steve,[email protected], sid.espinosa@eityofp»lolilto.org. dprice@padailyposLtom,

4/1412010

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Hi Aram:

Very shrewd observations and as I have personally pointed out before the vast InajoriLy of police officers have been misclassifled as non-exempt employees entitling then to colleet overtime under the current FSLA provisions or Fedcral Standard Labor Act.

As you know I have analyzed the OT alloeations and one offieer reeeived nearly lOOk in overtime. Who monitors this stuff and iljustifleation?

Brild Zook as yOll are well aware is double dipping to the tunc of $55.00 hrly rate plus any ~T. His monthly pension is ovcr SkI! He's taking liS all to the clcaners ... Fire til is guy!! Where's the value ad here?

1·lavc him explain what he has contributed to the overall safety of the community when we may' be potenlially losing crossing guard scrvices.

Brad Zook as n long time employee ·I'd like to know his involvement in the PAPD Lewis Verbrea sex rape s'candal case. As you know they were all buddies at one time ........ What about Detective Bencderett anothcr longtimc PAPD bfficer who I understand wenl on prison.

We still don't havc u "pat down" seareh poliey in plnce in light of previous PAPD sex scandal(s) which Mr. Genanco misscd altogethcr in his sister eity "drunk offleer" review.

And then we have the improprieties or the inappropriate fondling of female genitalia areas which should have be ordcred eeased imllled~ by male offieers upon fcmales while this policy is investigated.

Did Mr. Gcnanco recommcnd this? Did Chief Burns make any interim policy changes? Again in light of past sexual abuses.

This seriolls oversight on Genanco's part should call into question every complaint Y.T.D. hc has invcstigated or touehed and for that matter, CbiefBurns leadership or laek of ...

The whole leadership past and present is scandal ridden and should come under fcdcral oversight and or dismantled altogether.

What's sicking is when we have a mcdia officer - Sandra Brown suggesting the department should be proud ofthcre "Drunk" arrested and convieted police officers.

Mark

On Tue, Apr 13,2010 at 1:16 PM, ilQipd I ({lljuno.com <!ill:imUkmllllo.com> wrote:

Hi Mark,

I agrec--it's time to consider having a principled (no name calling--exeept for Dcnnis "Jim Crow" Burns, of course) discussion re outsoureing Palo Alto poliee serviees. Jack Morton had it right (as rcporte(l in today's Daily Post), the police and fire services are killing the budget in this eity (and the majority of thc eity couneil is apparently petrificd of taking on this issue, due,to the unduc political influenec of the poliee and fire lobby.

As I have said beforc, it is one thing to accept a ride-a-Iong witb the police (you know, Ihis is how the police unions likes to scarc-- and soften up, the cOllneil members from their first days and weeks on thc council), and quite anothcr 10 bc taken on a ride politically by the police lobby--- 10 the grcat cxpense and detriment ofthc rest of the constitucnts oflhe city council.

Why cut crossing guard services for our most valuable and vulnerablc resource--our youth. I say ifthe PAPD will not considcr a 10% (or more if necessary) across the board cut in wages and beneflts--to avoid lay offs-- and to avoid the culling of cssential police serviccs --Ihen wc --as a comnlllnity--need to havc a vcry scriolls discllssion re altcrnativcs to the current police departmcnt.

Maybe Larry Klcin would be willing to stcp to thc platc--remcmber hc was one ofthc fcw on thc eouncil to not kiss the rear sidc of Dennis Burns when the sclection proe.ess for the next police chief was ongoing.

Aram

hllp:lldigg.comfu3TPaO

The Justicc dcpartment should move to reform the notorious PAPD. Thcy havc a long vile police history wHich includes. (short list)

• Coerccd false confcssions Unconstitutional ruses

• I3rutality - Albcrt Hopkins f Miehacl Schmidlin and perhaps cOllntlcss others

4114/2010

Sexual abllses Drunk driving arrests ilnd convictions Theft Palo Alto golf eoursc

Pflge 3 of 3

The federal criminal invesligation oftne police shootings of civilians on Danziger Bridge in post-Katrina New Orjeans is just parl ofwhal the Justice Department acknowledges is an intensive review of the city's notoriotls police department One option under review, TPMmuekrakcr has learne\l, is filing a civil rfghts lawsuit agnin~llhe city in a move similar to the onc the .Iustice Department took against the Los Angeles PoUee Dep£lrimcilt R decade ago.

"Criminal proseclItions alone, I have learned, arc noL enough to change the culture of It polletl department," Assistant Attorney General for Civil Rights ThomflS Perez told TPMmuckrake'r in an interview Monday.

Perez repeatedly emphasized that the Civil Rights Division plans on being in New Orleans for the long haul. "We have a rob-ust and regular presence, a presence that's getting la~ger by Ihe week," Perez stlid, adding Ihat several eivil rights staffers are "de facto living in New Orleans right now."

Since late Feb-ruary. three former New Orleans poliee omcers have pkad.~~ [0 charges connected with the eover-up of the Danzige-r Bri<lge shootings, in which police allegedly shot six unarmed civilians, killing two, in thc chaotic days afier Hnrricane Katrina swept through the city,

In the interview, Perez said hc believes the city's police deparlment is "one of [he mosl {roub-Ied in the countryn ~~ and that Ihe Civil Rights Division is looking at "every conceiVable jurisdictional option and every eoneeivable intervention" for reform. -

The DOJ has the authority ~. granted by Congress fl few years afier the! 991 Rodney King poliee btl1talily case u to bring a civil aeLion to force reform at the department iflhere is a "Illlttern or practice" of police violating the law or the Constitution.

So~called 14141 aetions, named after the relevant scctiQf1 of the law, fell out oHlle favor during Ihe Bush years, when enforeement of civil rights laws !ftnguishi;.cl aeros~ the bi)ard. Attorney General Eric Holder has I~ to recharge the Civil Rights Division,

"The attorney gencral, myself, the U.S. aHomey •. we wi'u not leave the New Orleans Police Department until we havc addressed the systemie Issues and have ensured that the department is operating In a !DAAner that rcdue<:s crime and respeets the rule oflaw," Pere? said, ~We can, must, and will do both."

William Yeomans, a fellow at Ameriean University College of Law alld former acting aSSIstant AD ror civil righls, tells TPMmuekraker in il'l interview Ibat the Juslice Departmcnl's action so far "suggests thflt Lhcy're considering a 14141 situation or they're starting an investigation, whieh seems like an almost unavoidable step considering what's going on,"

lfthe department took that step, "they'would draft a lengthy letter and invite the jurisdiction to sit down aud negotiate a resolution.ln Ihe bllckground of course would be the (hreat of a lawsuit,I' Yeomans says. Among the remedies avai1ab~e to the Justice Depanment, according to Yeomans, "would be a restructuring of management, new policies, more resources toward whatever the 'pmblem <lreas are."

Thomas Pere'+- ,

In a landmark denl in 2000, the Civil Rights Division entered into R Consent decree with Los Angeles to allow an independent MlOilitor for its police ·department and to create a number of policies 10 curb oHitalily and otller internal problems.

Fcdera! authorities reportedly have at least eight active ciVIl rights investigations ill New Orleans. with "most involving killing of c;viliuns by police; accord ing to the Ti'f!!,?§:}!jcaYllne.

Perhaps the mosl grisly of the lot is the Danziger Bridge episode thal occurred in early September 2005 and len two unarmed civilians dead and rour others seriously wounded. Ronald Madison, Ii severely mentally disabled 40~year-old, was shot mllitiple times in the back. and James BrisseHe. 19. was shot seven times while headed to get supplies at a supermarket.

Gruesome new details cmcrg~g las! week when fonner Officer Michael Hunter, who admiHed to shooting at civilians, pleaded guilty to ob-struetion of justice charges.

Aecording to Bunter's neW aceounl of events, after an initial rOllnd ofsliooling, a police sergeant "suddenly leaned over the concrete batrier, held Ollt his nssatdt rifle, and, in a sweeping motion, fired repeatedly at the civilians lying wounded on thc ground." Thc civilians allhe time "ajlpeared to b-e unMmed, injured, and subdued, n

An elaborate -and wide-ranging cover-up followed the shoolings, wilh police planting a gun at the seene and claiming they had been shot at

For Perez, whQ traveled to New Orleans late last month to meet with the chief of police and community lcaders, there's a sense of deja vu surrounding ,;11 oflhis, A career prosecutor, he worked on lhe 1994 ease against New Orleans police officer Len Davis, W\10 was ~ for ordering the murder ofa woman who had tiled a brutality eomplaint against him.

"Regrettably, many oflhe challenges we're s~eing ill the Danziger Bridge easc·· j wish I could say these are problems ofteeeni vintage, bUI we have had a longstanding prescnce in New Orleans," Perez says. "The police department has generated .a colisistent and steady amount of work for the Civil Rights Division."

4/1412010

Page 1 of3

Davis, Phyllis


Sent: Tuesday, April 13, 2010 1:16 PM '. .

To: ( ' .. , . -'-:...~,::.,) \feD '

public.records.requesUracking@gmaiLcom; wmarlin45@llidt1:hilir.Qi;;Y;l:I;:PSl~1f! Mike; Watson, Ron; Powers, Natasha; [email protected]; Burger, Kelly; Morariu, Kelly; Keene, James; Council, City; Wagner, April; [email protected]; Schmid, Greg; Scharff, Greg; Holman, Karen (internal); [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Watson, Ron; Honiker, Mike; HRC

Cc: Burns, Dennis; Brown, Sandra; Wong, Scott; Keith, Doug; Council, City; timothygray@sbcglobaLnet; \'ciampi@hotmaiLcom; Herrera, Steve; Espinosa, Sid (internal); [email protected]; [email protected]; [email protected]; loretta.kin(:[email protected]; [email protected]; R 1 [email protected]

Subject:Re: Justice Departmenl Moves To Reform Notorious New Orleans Police Department is Palo Alto Next?

Hi Mark,

I agree--it's time to consider having a prinCipled (no name calling-except for Dennis "Jim Crow" Burns,.of course) discussion re outsourcing Palo Alto police selVices. Jack Morton had it right (as reported in loday's QailY Post), the police and fire services are killing the budget in this city (and the majority of the city council is". (, apparently petrified of taking on this issue, due to the undue political influence of the police and fire lobby.

As I have said before, il is one thing to accept a tide-a-Iong with the police (you know, this is how the P96pe , .. ' unions likes to scare-- and soften up, the council members from their first days and weeks on the councilj, and quite another to be taken on a ride politically by Ihe police lobby-- to the great expense and detriment of the rest of the constituents of the city council. .

Why cut crossing guard services for our most valuable and vulnerable resource--our youth. I say if the PAPD will not consider a 10% ( or more if necessary) across the board cut in wages and benefits--to avoid lay olls-- and to avoid the cutting of essential police services --then we --as a community--need to have a very serious discussion re alternatives to the current police department

Maybe Larry Klein would be willing to step to the plate--remernber he was one of the few on the council to not kiss the rear side of Dennis Burns when the selection process for the next police chief was ongoing.

Aram

The Justice department should move to reform the notorious PAPD. They have a long vile police history which includes. (short list)

• Coerced false confessions • Unconstitutional ruses • Brutality - Albert Hopkins 1 Michael Schmidlin and perhaps countless others • Sexual abuses • Dlunk driving arrests and convictions • Theft Palo Alto golf eourse

4/14/2010

Page 20f3

The federal criminal investigation of the police shootings of civilians on Danziger Bridge in postKatrina New Orleans is just part of what the Justice Department acknowledges is an intensive review of the city's notorious police department. One option under review, TPMmuckraker has learned, is filing a civil rights lawsuit against the city in a move similar to the one the Justice Department took against the Los Angeles Police Departmenta decade ago.

"Criminal prosecutions alone, I have learned, are not enough to change the culture of a police department," Assistant Attorney General for Civil Rights Thomas Perez told TPMmuckraker in an interview Monday.

Perez repeatedly emphasized that the Civil Rights Division plans on being in New Orleans for the long haul. "We have a robust and regular presence, a presence that's getting larger by the week," Perez said, . adding that several civil rights staffers are "de facto living in New Orleans right now."

Since late February, three former New Orleans police officers have fJleadedmly to charges connected. with tile cover-up of the Danziger Bridge shootings, in which police allegedly shot six unarmed . civilians, killing two, in the chaotic days after Hurricane Katrina swept through the city,

In the interview, Perez said he believes the city's police department is "one of the most troubled in the country'~ -- and that the Civil Rights Division is looking at "every conceivable jurisdictional option and every conceivable intervehtion" for reform,

The DOJ has the authority -" granted by Congress a few years after the 1991 Rodney King police brutality case -- to bring a civil action to force reform at the department if there is a "pattern or practice" of police violating the law or the Constitution.

So-called 14141 actions, named after the relevant sectio!) of the law, fell out of the favor during the Bush years, when enforcement of civil rights laws illllghtished across the board. Attorney General Eric Holder has I1ledgeQ to recharge the Civil Rights Division.

"The attorney general, myself, the U.S. attorney -- we will not leave the New Orleans Police Department until we have addressed the systemic issues and have ensured that the department is operating in a manner that reduces crime and respects the rule onaw," Perez said. "We can, must, and will do both."

William Yeomans, a fellow at American University College of Law and former acting assistant AG for civil rights, tells TPMmuckraker in an interview that the Justice Department's action so far "suggests that they're eonsidering a 14141 situation or they're starting an investigation, which seems like an almost unavoidable step considering what's going on."

If the department took that step, "they would draft a lengthy letter and invite the jurisdietion to sit down and negotiate a resolution. In the background of course would be the threat of a lawsuit," Yeomans says. Among the remedies Thomas Perez available to the Justice Department, according to Yeomans, "would be a restructuring of management, new policies, more resources toward whatever the problem areas are."

In a landmark deal in 2000, the Civil Rights Division entered into a consent decree with Los Angeles to allow an independent monitor for its police department and to create a number of policies to curb brutality and other internal problems.

4/14/2010

Page 3 of3

Federal authorities reportedly have at least eight active civil rights investigations in New Orleans, with mosfinvolving killing of civilians by police, according to the Times-Picavune.

Perhaps the most grisly of the lot is the Danziger Bridge episode that occurred in early September 2005 and left two unarmed civilians dead and four others seriously wounded. Ronald Madison, a severely mentally disabled 40-year-old, was shot multiple times in the back, and James Brissette, 19, was shot seven times while headed to get supplies at a supermarket. ,i

Gruesome new details emerged last week when former Officer Miehael Hunter, who admitted to shooting at civilians, pleaded guilty to obstruction of justice charges.

According to Hunter's new aCCO]lllJ of events, after an initial round of shooting, a police sergeant "suddenly leaned over the concrete ban'ier, held out his assault rifle, and, in a sweeping motion, fired repeatedly at the civilians lying wounded on the ground." The civilians at the time "appeared to be unarmed, injured, and subdued."

An elaborate and wide-ranging cover-up followed the shootings, with police planting a gun at the seene and claiming they had been shot at.

For Perez, who traveled to New Orleans late last month to meet with the chief of police and eommunity leaders, there's a sense of deja vu sUlTOunding all of this. A Cl;lreer prosecutor,. he worked 'on the 1994 case against New Orleans police officer Len Davis, who was eonvicte4 for ordering the murder of a woman who had filed a brutality complaint against him.

"Regrettably, many of the challenges we're seeing in the Danziger Bridge ease -- ! wish! could say these are problems of recent vintage, but we have had a longstanding presence in New Orleans," Perez says. "The police department has generated a consistent and steady amount of work for the Civil Rights Division."

4/14/2010

Page 1 of5

Davis, Phyllis ---.. -.-~- -.. ---.~--.---.---.... j1JLf{2 _____ ... __ .. _. ___ _ From:

Sent:

To:

,Cc:

Public Records Request Tracking System [PUblic_records.reqjl;ft.6¥ikiM@!i'",trai!lf:~1 Tuesday, April 13, 2010 10:31 PM

r if V I- "',-,;·:~:·nli-·rl .d I '":'\Nj~GfJ:;;S (;( __

." " U,'j ICC [email protected]

Moore, Adrienne; HRC; [email protected]; [email protected],org; jrosen@da,sccgov.org; [email protected];[email protected]; [email protected]; Denson, Mike; Watson, Ron; Powers, Natasha; tciampi@hotmaiLcom; Burger, Kelly; Morariu, Kelly; Keene, James; Council, City; Wagner, April; [email protected]; Schmid, Greg; Scharff, Greg; Holman, Karen (internal); [email protected]; [email protected]; [email protected];l_us; Honiker, Mike; Burns, Dennis; Brown, Sandra; Wong, Scott; Keith, Doug; [email protected]; Herrera, Steve; Espinosa, Sid (internal); [email protected]; , [email protected]; [email protected]; loretta,king@usdoj,gov; [email protected]; R1 [email protected]; brad.zook@cityofpaloalto,com; Perez, Lalo

Subject: Re: Justice Department Moves To Reform Notorious New Orleans PoliceD epartment is Palo Alto Next? '

Aram:

Ms. Moore, And your right it's a taxpayer scam as in the case of Zook who as you know is dquJlle . dipping. No accountability, monitoring or oversight. .,,:. :,'

I call it legalized carte blanche - taxpayer extortion I embezzlement...

Mark c--

On Tue, Apr 13,2010 at 9:48 PM, [email protected]! <l!him!l@juno.<;om> wrote:

Hi Mark,

Can you tell me who the officer is iliat received $100,000 in overtime? Why hasn't Burns put a stop to this entire scam on the taxpayers? It's time to give serious consideration to outsourcing this entire department. And now this same department is suggesting that ilie crossing guards for the children be cut out of the budget. Wow--what a compassionate department ( spend more then $100,000 for Tasers, bring on the lawsuits for their misuse, maintain these weapons of torture at a great cost to the city---every year--but do away with crossing guards for the school kids, Now that's some backwards social policy that needs to be put in check--- before yet another tragedy involving our youth occurs,

Aram

Hi Aram:

Very shrewd observations and as I have personally pointed out before the vast majority of police offi'cers have been misclassified as non-exempt employees entitling then to collect overtime under the current FSLA provisions or Federal Standard Labor Act.

As you know I have analyzed the OT allocations and one officer received nearly lOOk in overtime. Who monitors this Shlff and it justification?

4114120] 0

Page 2 of5

Brad Zook as you are well aware is double dipping to the tune of$55.00 hrly rate plus any OT. His • monthly pension is over Sk!! He's taking us all to the c1eaners ... Fire this guy!! Where's the value ad

here?

Have him explain what he has contributed to the overall safety of the community when we may be potentially losing crossing guard services.

• Brad Zook as a long time employee - I'd like to know his involvement in the PAPD Lewis Verbrea sex rape scandal case: As you know they were all buddies at one time .. , ....... What about Detective Benederett another longtime PAPD officer who r understand went on prison.

We still don't have a "pat down" search policy in place in light ofpreviou~ PAPD sex scandal(s) which Mr. Genanco missed altogether in his sister city "drunk officer" review.

And then we have the improprieties or the inappropriate fondling of female genitalia areas which should have be ordered ceased immediately by male officers upon females while this policy is investigated.

Did Mr. Genanco recommend this? Did Chief Burns make any interim policy changes? Again in . light of past sexual abuses.

This serious oversight on Genanco's part should call into question every complaint Y.T.D. he has investigated or touched and for that matter, Chief Burns leadership or lack of....

The whole leadership past and present is scandal ridden and should come under federal oversight and or dismantled altogether.

What's sicking is when we have a media officer - Sandra Brown suggesting the department should be proud of there "Drunk" arrested and convicted police officers.

Mark

On Tue, Apr 13,2010 at 1:16 PM; [email protected] <[email protected]>wrote:

Hi Mark.

I agree--it's time to consider having a principled (no name calling--except for Dennis "Jim Crow" Bums. of course) discussion re outsourcing Palo Alto police services. Jack Morton had it right (as reported in loday's Daily Post), the police and fire services are killing the budget in this city (and the majority of the city council is apparently petrified of taking on this issue, due to the undue political influence of the police and fire lobby.

As I have said before. it is one thing to accept a ride-a-Iong with the police (you know, this is how the police unions likes to scare-- and soften up, the council members from their first days and weeks on the council), and quite another to be taken on a ride politically by the police lobby--- to the great expense and detriment of the rest of the constituents of the city council.

. .

Why cut crossing guard se~ices for our most valuable and vulnerable resource--our youth. I say if the PAPD will not conSider a 10% ( or more if necessary) across the board cut in wages and benefits--lo avoid lay ofts- and to avoid the cutting of essential police services --then we --as a community--need to have a very

4114/2010

Page 3 of5.

serious discussion re alternatives to the current police department.

Maybe Larry Klein would be willing to step to the plate--remember he was one of. the few on the council to not kiss the rear side of Dennis Burns when the selection process for the next police chief was ongoing.

Aram

The Justice department should move to reform the notorious PAPD. They have a long vile poliee history which includes. (short list)

• Coerced false confessions • Unconstitutional ruses • Brutality - Albert Hopkins 1 Michael Schmidlin and perhaps countless others • . Sexual abu§Cs . • Drunk driving arrests and convictions • Theft Palo Alto golf course

The federal criminal investigation of the police shootings of civilians on Danziger Bridge in postKatrina New Orleans is just part of what the Justice Department acknowledges is an intensive review of the city's notorious police department One option under review, TPMmuckraker has learned, is filing a civil rights lawsuit against the city in a move similar to the one the Justice Department took against the Los Angeles Police Department a decade ago.

"Criminal prosecutions alone, I hqve leamed, are not enough to change the culture of a police department," Assistant Attorney General for Civil Rights Thomas Perez told TPMmuckraker in an interview Monday. .

Perez repeatedly emphasized that the Civil Rights Division plans on being· in New Orleans for the long haul. "We have a robust and regular presence, a presence that's getting larger by the week," Perez said, adding that several civil rights staffers are "de facto living in New Orleans right now."

Since late February, three former New Orleans police officers have ]2leadedguilt.y to charges connected with the cover-up of the Danziger Bridge shootings, itl which police allegedly shot six unarmed civilians, killing two, in the chaotic days after Hurricane Katrina swept through the city.

In theinter~iew, Perez said he believes the city's police department is "one of the most troubled in the country;' -- and that the Civil Rights Division is looking at "every conceivable jurisdictional option and every conceivable intervention" for reform.

TIle DOJ has the authority -- granted by Congress a few years after the 1991 Rodney King police brutality case -- to bring a civil action to force reform at the department if there is a "pattern or practice" of police violating the law or the Constitution.

So-called 14141 actions, nanled after the relevant sC«!!On of the law, fell out of the favor during the Bush years, when enforcement of civil rights laws langyish<;Q across the board. Attorney General Eric Holder has )2l",dge.d to recharge the Civil Rights Division.

4/1412010

Page 4 of 5

"The attorney general, myself, the U.S. attorney -- we will not leave the New Orleans Police Department until we have addressed the systemic issues and have ensured that the department is operating in a rnanrier that reduces crime and respects the rule of law," Perez said. "We can, must, and will do both."

William Yeomans, a fellow at American University College of Law and former acting assistant AG for civil rights, tells TPMmuckraker in an interview that the Justice Department's action so far "suggests that they're considering a 14141 situation or they're starting an investigation, which seems like an almost unavoidable step considering what's going on."

I f the department took that step, "they would draft a lengthy letter and invite the jurisdiction to sit down and negotiate a resolution. In the background of course would be the threat of a lawsuit," Yeomans says. Among the remedies available to the Justice Department, according to Yeomans, "would be a restructuring of management, new policies, more resources toward whatever the problem areas are."

In a landmark deal in 2000, the Civil Rights Division entered into a consent deeree with Los Angeles to allow an independent monitor for its police department and to create a number of policies to eurb brutality and other intcrnalproblems.

Federal authorities reportedly have at least eight aetive civil rights investigations in New Orleans, with most involving killing of civilians by police, according to the Times-Picayune.

Perhaps the most grisly of the lot is the Danziger Bridge episode that occurred in early September 2005 and left two unarmed civilians,dead and four others seriously wounded. Ronald Madison, a severely mentally disabled 40-year-old, was shot multiple times in the back, and James Brissette, 19, was shot seven times while headed to get supplies at a supermarket.

Gruesome new details emerged last week when former Officer Michael Hunter, who admitted to shooting at civilians, pleaded gllilty to obstruction of justice charges.

According to Hunter's new account of events, after an initial round of shooting, a police sergeant "suddenly leaned over the concrete barrier, ,held out his assault rifle, and, in a sweeping motion, fired repeatedly at the civilians lying wounded on the ground." The civilians at the time "appeared to be unarmed"injured, and subdued." ' ,

An elaborate and wide-ranging cover-up followed the shootings, with police planting a gun at the scene and claiming they had bcen shot at.

For Perez, who traveled to New Orleans late last month to meet with the dlief of police and community leaders, there's a sense of deja vu surrounding all ofthis. A career prosecutor, he worked on the 1994 case against New Orleans police officer Len Davis, who,was c,:onvicted,for ordering the murder of a woman who had filed a brutality complaint against him.

"Regrettably, many of the challenges,we're seeing in the Danziger Bridge case -- I wish I could say these are problems of recent vintage, but 'Vc have hild a longstanding presence in New Orleans," Perez says. "The police department has generated a consistent and steady amount of work for the Civil Rights Division.'" .,

4/14/20 I 0

DaViS,~hYlliS·-jlj) .......••.•.. ~................~~ . .From: Public Records Request Tracking System [pUblic.reccrm~~s~.(rack~Ab~g~Jilcoml Sent:

To:

Tuesday, April 13, 2010 9:11 PM

[email protected]

Page 1 of2

Cc: [email protected]; Burns, Dennis; Brown, Sandra; [email protected]; Keene, James; timothygray@sbcglobaLnet; Beacom, Bob; Keith, Doug; Watson, Ron; Denson, Mike; Venable, Mark; [email protected]; [email protected]; Council, City; [email protected]; Wagner, April; [email protected]

Subject: Re: PA police investigate allegations against former lieutenant ( mike wha t ever happened)?

"Zook added that he can't speak publicly about details of the investigation. He did note that one issue is how Page Mill obtained a copy of the recorded pretext call. The company later gave the recording to reporters. "

It is my understanding the April Chan/Wagner delivered the tape .....

On Tue, Apr 13, 20 I 0 at 8 :54 PM, ablm:[email protected]!ll <l\.bjpdJ@juno&om> wrote: Palo Alto police investigate allegations against former lieutenant

by Jessica Bernstein-Wax, San)ose MercuryJ"ews June I !th, 2009

.. "

"'f·? ~7~ r,,) '.-r r--

A former poliee captain told The Daily News on Thursday he is conducting an internal affairs investigatio into allegations a tenant organizer made about a former Palo Alto police lieutenant's work for

East Palo Alto's biggest landlord.

Brad Zook, who in 2005 retired as a captain from the Palo Alto Police Department, said city officials hire! him as an hourly management specialist to review the case involving Lt. Tim Morgan, tenant activist Christopher Lund and Palo Alto-based Page Mill Properies.

Zook said he hopes to complete the investigation this month.

Late last year, the Palo Alto Police Department made a recorded phone call to Lund to investigate Page Mill's claims that he had attempted to extort money from the company, an allegation Lund denies. Police completed the investigation, but the Santa Clara County District Attorney's Office declined to press charg' against Lllnd, Palo Alto police Agent Dan Ryan said earlier this year.

The Daily News reported in early February that Morgan was doing contract work for Page Mill and took photographs of Lund outside his home as part of that job. At the time, Page Mill officials said Morgan wa: investigating whether Lund followed a company official's wife.

Several weeks later Morgan retired, but said the decision had nothing to do with his outside employment.

Both Ryan and Morgan have said the lieutenant's work for Page Mill did not affect the investigation into Lund, even though Morgan was a supervisor in the police department at the time. Lund and others have questioned that statement.

4/1412010

Page 20f2

It remains unclear precisely what Lund's complaint alleges, but the police department's policy manual prohibits employees from accepting outside employment "as a }lJivatC_sccuriJX guard, private investigator other similar private security position" to avoid potential conflicts of interest. Morgan has said he worked for Page Mill as an emergency and risk management consultant. Others say he escorted Page Mill official: to meetings.

Because the investigation is a personnel matter, the police departmcntwill make no public announcement about its findings, Zook said. Lund will receive a letter saying his complaint was either sustained, not sustained, exonerated or unfounded.

Zook, who spent about 20 years on the force, said he has conducted many administrative and criminal internal affairs investigations. Some led to officers serving prison time, while others exonerated them, he said. This case is administrative not criminal, Zook said.

He wouldn't specify how many CUlTcnt or former employees are under investigation, if any.

Zook added that he can't speak publicly about details orthe investigation. He did note that one issue is ho' Page Mill obtained a copy of the recorded pretext call. The company later gave the recording to reporters.

Asked whether the department could discipline former employees, Zook said only Dennis Burns, interim police chief, could respond to that question.

"I can tell you, hypothetically, you can't do anything to an employee that's no longer an employee, but lha doesn't mean you shouldn't look back and see what happened," Zook said.

He noted that police cannot compel a former employee to give information for an internal affairs investigation.

Lund and Page Mill couldn't be reached for comment Thursday afternoon.

Morgan declined to comment and asked not to be called again.

4/1412010

Page 1 of2

Davis, Phyllis


Sent: Tuesday, April 13, 2010 8:54 PM . u.:c;'iI:'>

To: [email protected]; Burns, Dennis; Brown, Sandra;;dMd~@ifaH~[~~t%FdSfu; Keene,James; [email protected]; Beacom, Bob; Keith,Doug; Watson, Ron; Denson, Mike; Venable, Mark; public,records,request.tracking@gmail,com; [email protected],ca,us; jfox@co,sanmateo,ca.us

Cc: Council, City; [email protected]

S~bject: PA police investigate allegations against former lieutenant ( mike what ever happened)?

Palo Alto police investigate allegations against former lieutenant

by Jessica Bernstein-Wax, San Jose Mercury News , June \I th,2009

.,.

A former police captain told The Daily News on 'Thursday he is conducting an internal affairs investigation into allegations a tenant organizer made about a former Palo Alto police lieutenant's work for


Brad Zook, who in 2005 retired as a captain from the Palo Alto Police Department, said city officials hired him as an hourly management specialist to review the ease involving Lt. Tim Morgan, tenant activist Christopher Lund and Palo Alto-based Page Mill Properies.

Zook said he hopes to eomplete the investigation this month.

Late last year, the Palo Alto Police Department made a recorded phone call to Lund to investigate Page Mill's claims that he had attempted to extort money from the company, an allegation Lund denies. Police completed the investigation, but the Santa Clara County District Attorney's Office declined to press charges against Lund, Palo Alto police Agent Dan Ryan said earlier this year.

The Daily News reported in early February that Morgan was doing contract work for Page Mill and took photographs of Lund outside his home as part of that job. At the time, Page Mill officials said Morgan was investigating whether Lund followed a company official's wife,

Several weeks later Morgan retired, but said the decision had nothing to do with his outside employment.

Both Ryan and Morgan have said the lieutenant's work for Page Mill did not affect the investigation into Lund, even though Morgan was a supervisor in the poliee department at the time, Lund and others have questioned that statement.

It remains unclear precisely what Lund's complaint alleges, but the police department's policy manual prohibits employees from accepting outside employment "as a mivate s<.;<,;ll.rity guard, private· investigator or other similar private security position" to avoid potential eonflicts of interest. Morgan has said he worked for Page Mill as an emergency and risk management consultant. Others say he escorted Page Mill officials to meetings.

4/14/2010

Page 2 of2

Because the investigation is a personnel matter, the police department will make no public announcement about its findings, Zook said. Lund will receive a letter saying his complaint was either sustained, not sustained, exonerated or unfounded.

Zook, who spent about 20 years on the force, said he has conducted many administrative and criminal internal affairs investigations. Some led to ofticers serving prison time, while others exonerated them, he said. This case is administrative not criminal, Zook said.

He wouldn't specify how many current or former employees are under investigation, if any.

Zook added that he can't speak publicly about details of the inVestigation. He did note that one issue is how Page Mill obtained a copy of the recorded pretext call. The company later gave the recording to reporters.

Asked whether the department could discipline former employees, Zook said only Dennis Burns, interim police chief; could respond to that question.

"I can tell you, hypothetically, you can't do anything to an employee that's no longer an employee, but that doesn't mean you shouldn't look back and see what happened," Zook said.

He noted that police call1lot compel a former employee to give information for an internal affairs investigation.


Morgan declined to comment and asked not to be called again.

411412010

Page 1 of2 .... \ .,

Davis, Phyllis I jJ~

From:public~~cordS ReqU~st Tracking syste~[PUblicrecordSr~qUe~~.t~~ck~~~~ajl.~O'lfiN 8: 2 I Sent: Tuesday, April 13, 2010 10:07 PM ,'" \, . ,;.;~;:,,'''';' To: [email protected] '" I , .":;:liM'£li's eFFICE

Cc: Moore, Adrienne: Burger, Kelly: [email protected]: Burns, Dennis; Brown, Sandra; [email protected]; Keene, James; [email protected]; Beacom, Bob; Keith, Doug: Watson, Ron: Denson, Mike; Venable, Mark; [email protected]; [email protected]; Council, City; [email protected]; Wagner, April: [email protected]

Subject: Re: PA pelice investigate allegations against former lieutenant ( mik e wha t ever happened)?

From the archives .......... The ;lotorious April Chan/Wagner aka "The nurse"

G Vic'or Frost.pholo (2).jpg

On Tue, Apr 13, 2010 at 9:23 PM, [email protected] <[email protected]>V\/rote:

Mark,

Is that the same April Chan "Undercover" Wagner you put on the front page of the Daily poste blew her cover--big time)? Do you still have that photo for the "from the archives column?"

Aram

"Zook added that he can't speak publicly about details of the investigation. He did note that one issue is how Page Mill obtained a copy ofthe recorded pretext call. The company later gave the recording to reporters."

It is my understanding the April Chan/Wagner delivered the tape .....

On Tue, Apr 13, 2010 at &:54 PM, lllli12d [email protected] <ll$pgl@iunQ,gl[l1> wrote: Palo Alto police investigate allegations against former lieutenant

by Jessica Bernstein" Wax, SllllJpse MerC~IY NeWJl June 11th, 2009

A former police captain told The Daily News on Thursday he is conducting an internal affairs investigatic into allegations a tenant organizer made about a former Palo Alto police lieutenant's work for


Brad Zook, who in 2005 retired as a captain from the Palo Alto Police Department, said city officials hire him as an hourly management specialist to review the case involving Lt. Tim Morgan, tenant activist Christopher Lund and Palo Alto-based Page Mill Properies.

4/14/2010

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Zook said he hopes to complete the investigation this month.

Late last yeaf, the Palo Alto Police Depmtment made a recofded phone call to Lund to investigate Page M claims that he had attempted to extort money ffom the company, an allegation Lund denies. Police campi. the investigation, but the Santa Clara County District Attorney's Office declined to press charges against Lund, Palo Alto police Agent Dan Ryan said earlier this year.

The Daily News reported in early February that MOfgan was doing contract work for Page Mill and took photographs of Lund outside his home as part of that job. At the time, Page Mill officials said Morgan wa investigating whe(her Lund followed a company official's wife.. .

Sevefal weeks latcr MOfgan retired, but said the decision had nothing to do with his outside employment.

Both Ryan and Morgan have said the lieutenant's work for Page Mill did not affect the investigation into Lund, even though Morgan was a supervisor in the police department at the time. Lund and others have questioned that statement.

It remains unclear precisely what Lund's complaint alleges, but the police department's policy manual prohibits employees from accepting outside employment "as a private securit), guard, private investigator other similar private security position" to avoid potential conflicts of interest. Morgan has said he worked Page Mill as an emergency and risk management consultant. Others say he escorted Page Mill officials to meetings.

Because the investigation is a personnel matter, the police department will make no public announcement about its findings, Zook said. Lund will receive a letter saying his complaint was either sustained, not sllstained, exonerated or unfounded. .

Zoolc, who spent about 20 years on the force, said he has conducted many administrative and criminal int( affairs investigations. Some led to officers serving prison time, while others exonerated them, he said. Thi case is administrative not criminal, Zook said. .

. He wouldn:t speCify how many current or former employees are nnder investigation, if any.

Zook added that he can't speak publicly about details of the investigation. He did note that one isslle is ho' Page Mill obtained a copy of the recorded pretext call. The company later gave the recording to reporters.

Asked whether the department could discipline former employees; Zook said only Dennis Burns, interim police chief, could respond to that question.

·"1 can tell you, hypothetically, you can't do anything to an employee that's no longer an employee, but tha . doesn't mean you shouldn't look back and see what happened," Zook said,

He noted that police cannot compel a former employee to give information for an internal affairs investigation.


Morgan declined to comment and a~ked not to be called again.

411412010

Page I 00

Davis, Phyllis

From:

Sent:

Public Records Request Trackin~ r~s~TrV~Ubli~/F-J:[email protected] Tuesday, April 13, 2010 9:56 AM' 0 ~,' " ,,' p",~ U4 . .

To: Burns, Dennis; Brown, Sandra; Wong, Scott; Keith, Doug; [email protected]; Council, City; Timothy· Gray; Tony Ciampi; Herrera, SIeve; Espinosa, Sid (internal); [email protected]; dde bolt@padailypostcom

Cc: [email protected]; [email protected]; Gennaco, Michael J.; Miller, Rob

Subject: Justice Department Moves To Reform Notorious New Orleans Police Department

The Justice department should move to reform the notorious PAPD. They have a long vile police history which includes. (short list)

• Coerced false confessions

(-.'

~ -< ~5""b

• Unconstitutional ruses :;-0

• Brutality - Albert Hopkins 1 Michael Schmidlin and perhaps countless others • Sexual abuses • Dnmk driving arrests and convictions • Theft Palo Alto golf course

"" '

W "-'f-

v; "'" -', -J, C;.

§ "':'1 "71

0 (fJ hl 0\

The federal criminal investigation of the police sbootings of civilians on Danziger Bridge in postKatrina New Orleans is just part of what the Justice Department aekJ10wledges is an intensive review of the eity's notorious police department. One option under review, TPMmuckraker has learned, is filing a civil rights lawsuit against the city in a move simifar to the one the Justice Department took against the Los Angeles Police Department a decade ago.

"Criminal prosecutions alone, I have learned, are not enough to change the culture of a police department,"Assistant Attorney General for Civil Rights Thomas Perez told TPMmuckraker in an interview Monday.

Perez repeatedly emphasized that the Civil Rights Divisien plans .on being in New Orleans fer the long . haul. "We have a robust and regular presence, a presence that's getting larger by the week," Perez said, adding that several civil rights staffers are "de facto living in New Orleans right now."

Since late February, three former New Orleans police officers have pleade(Lguil1Y to charges cennected with the cover-up of the Danziger Bridge shootings, in which police allegedly shot six unarmed civilians, killing twe, in the chaetic days after Hurricane Katrina sweptthrough the city.

In the interview, Perez said he believes the city's pelice department is "one .of the most troubled in the country" and that the Civil Rights Division is looking at "every conceivable jurisdictional eptien and every cenceivable intervention" for referm.

The DOJ has the authority -- granted by Congress a few years after the 1991 Rodney King poliee

4/13/2010

Page 2 of3

brutality case -- to bring a civil action to foree· reform at the department if there is a "pattern or practice" of police violating the law or the Constitution.

So-called 14141 actions, named after the relevant secliQI} of the law, fell out of the favor during the Bush years, when enforcement of civil rights laws l@guish~c! across the board. Attorney General Eric Holder has pledged to recharge the Civil Rights Division.

"The attorney general, myself, the U.S. attorney -- we will not leave the New Orleans Police Department until we have addressed the systemic issues and have ensured that the department is operating in a manner that reduces crime and respects the rule of law;" Perez said. "We can, must, and will do both."

William Yeomans, a fellow at American University College of Law and former acting assistant AG for civil rights, tells TPMmuckraker in an interview that the Justice Department's action so far "suggests that they're considering a 14141 situation or they're starting an investigation, which seems like an almost unavoidable step considering what's going on."

If the depmlment took that step, "they would draft a lengthy letter and invite the jurisdiction to sit down and negotiate a resolution. In the background of course would be the threat of a lawsuit," Yeomans says. Among the remedies available to the Justice Department, according to Yeomans, "would be a restructuring of management, new policies, more resourees toward whatever the problem areas are."

In a landmark deal in 2000, the Civil Rights Division entered into a consent decree with Los Angeles to allow an independent monitor for its police department and to create a number of policies to curb brutality and other internal problems.

Federal authorities reportedly have at least eight active civil rights investigations in New Orleans, with most involving killing of civilians by police, according to the Times-pjcayuflJI.

Perhaps the most grisly of the lot is the Danziger Bridge episode that occurred in em'ly September 2005 and left two unarmed civilians dead and foul' others seriously wounded. Ronald Madison, a severely mentally disabled 40-year-old, was shot multiple times in the back, and James Brissette, 19, was shot seven times while headed to get supplies at a supermarket.

Gruesome new details ~rnel'~d last week when former Officcr Michael Hunter, who admitted to shooting at civilians, pleaded guilty to obstruction of justice charges.

According to Hunter's new l:1.ccounJ of evcnts, after an initial round of shooting, a police sergeant "suddenly leaned over the concrete barrier, held out his assault rifle, and, in a sweeping motion, fired repeatedly at the civilim1s lying wounded on the. ground. " 'The civilians at the time" appeared to be unarmed, injured, and SUbdued."

An elaborate and wide-ranging cover-up followed the shootings, with police planting a gun at the scene and claiming they had been shot at.

For Perez, who traveled to New Orlcans late last month to meet with the chief of police and community leaders, there's a sense of deja vu surrounding all of this. A carcer prosecutor, he worked on the 1994 case against New Orleans police officer Len Davis, who was £onvicted for ordering the murder of a woman who had filed a brutality complaint against him.

4113/2010

Page 3 of3

,

"Regrettably, many of the challenges we're seeing in the Danziger Bridge case -- I wish I could say these are problems of recent vintage, but we have had a longstanding presence in New Orleans," Perez says. " "The police department has generated a consistent and steady amount of work for the Civil Rights Division."

411312010

Page I of3

Davis, Phyllis

From: Public Records Request Tracking System [public.records.request.lracking@gmaiLcomJ

Sent: Tuesday, April 13, 20109:09 AM


Cc: wmartin45@holmaiLcom; Brown, Sandra; Burns, Dennis; Beacom, Bob;[email protected]; R1 [email protected]; [email protected]; Keith, Doug; Wong, Scott; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; ddebolt@padailypostcom; Council, City; [email protected]; HRC

Subject: Re: From the archives - Convicted cop hired as Maywood police chief

Better .... yet! Let's open this question up to anyone ...

The question once again:

I. explain how we develop public trust in our police officers when they themselves arc the law breakers.

Mark

On Tue, Apr 13,2010 at 8:08 AM, <[email protected]>wrote: Aram:

o c: The short answer is no! However, the "drunk" officers name's will be eventually revealed. w, .

Mark

Ps. Perhaps Dennis Bum's can explain how we develop public trust in our police officers when they themselves ar.e the law breakers,

.- Q:<03 Answer? It',s a behind door's secret. '

Sent from my iPhone

On Apr.l3, 2010, at 2:45 AM, "ilbjl2dl@juno.~" <lilljndl@j!IDo.com> wrote:

Mark,

Has Palo Alto City Manager James Keene ordered PAPD Chief Dennis Bums to release the names of the two PAPD officers recently convicted ofDUI, one who apparently resigned? Has James Keene ordered Burns to open up the Police Advisory Board meetings to the public? If not, I suggest both Burns and Keene resign ASAP, and apply for similar positions in Maywood( apparently their ilk would be greeted with open arms in Maywood) .

. Aram.

BTW ..... The number of "Drunk cop's" alTested nationally has been staggering ..... no pun

4/13/2010

Page 2 of3

intended", ..

Convicted cop hired as Maywood police chief 'AI Hutchings, forrneedy with the lAPD, got the job despite opposilion from rank-and-file officers and the dty'$ attorney,

!.ly MattLait. Lo~ Angeles 'rimes Staff Writer h:bruHI)' :;, 2008

A man who was convicted of theft and resigned from the Los Angeles Police Department was hired Friday night as the interim chief of the lVI!!ywood Police Department, an agency th!!thas alellutation as ahavell (Qr misfit and criminal cops,

Despite fierce opposition from some rank-and-file officers and the city's own attorney, Al Hutchings was selected for the position by the Maywood City Council in a 3·2 vote at a special meeting, .

Hutchings' unlikely ascension to the job comes amid ongoing investigations by state and local authorities into allcgations of police corruption and brutality in Maywood,

The move stunned many city residents who viewed his consideration as another setback for the troubled Police Department, which patrols a gritty square-Inile city south of downtown Los Angeles,

Last)'ear. a Times investig(ltion into Maywood fmmd that at least a thirdQf the..Qfficers on the force ha~.L either left other policejobs under a cloud or h!!d brushes with the law While wmldng forM(lywood, Several offieeIsjn recentYJ"!!f~sb"ftM!lywood a,ft.;r being convicted of crimes,

Hutchings was one officer who was hired at Maywood in 2006 despite a checkered past.'

Court records show that he had pleaded no contest to bilking the LAPD for bogus overtime pay while he was an officer. He has since received a court ordcr expunging his record,

In an interview, Hutchings said that all of the ovcrtime he worked was approved by a supervisor but that he entered the plea so as to quickly dispose of the case, which he said was filed in retaliation for reporting misconduct against a high ranking-LAPD official. Hutchings was also fired from Los Angeles Valley College in 2005, whcre he worked as a professor and was terminated for acts of dishonesty,

When Hutchings joincd thc' MaywoodPolicc Department, he said he found thilt many of his fellow officers were brutal; racist and corrupt He east himself as a whistle-blower, working to expose problems.:

Before his probationary year was finished, however, Hutchings was accused of misconduct of his own. Police and city officials said he agreed to resign from the Police Department after he was allegedly videotaped having an on-duty liaison with the femalc owner ofa doughnut shop,· .

4/13/2010

Page 3 of3

Hutchings, 45, has said the allegation was fabricated "to blackmail me into stopping the work that I was doing." He said he voluntarily Icft the department last summer.

III aninterviewllQurs before he }'las hired, Hutchings said~ MaywooQ Police Dlm.!!!1tIten! . }'las a dysfunctionalJl~en~ywithjncomp~e~nt offi<.:g~and thflt he\1QP~JlJo '.'shutthlULlflce

gQ}'In allclbringjn the.Sherift's ldelLat1!nent. ':

He said he would donate his salary to the Catholic church and to people who had been viciimized by Maywood officers.

Hutchings replaces another interim chief who was convicted of beating his girlfriend and resigned from the El Monte Police Department before bcing hired at Maywood. That chiefs conviction was overturned on appeal, and he was'ultimately convicted of a lesser charge of making a verbal threat.

Known among law enforcement circles as a department of "second chances," Maywood Police Department is one of nearly 50 independentpolice agencies in Los Angeles County. The department, whose officers are mainly white and Latino, serves a densely populated city of roughly 30,000 that is 96% Latino.

Hutchings' returri to the force, for a three-month period pending a search for a permanent chief, has outraged other Maywood officers. <

In a letter to city leaders, the president of the Maywood Police Officer Assn. said Hutchings had "displayed a total lack of integrity and honesty in his career as a police officer."

Some city residents questioned why City Council members would take on an interim chief with baggage.

Mayor Felipe Aguirre, prior to Friday's vote, said he supported Hutchings because he believed he was an honest man who would reform the department. "Nobody has the courage to clean this place up," he said. "We need to hire someone who can right this department. "

mi'\[email protected]

4/13/2010

Page 1'0[7

Davis, Phyllis :Ili::

From: public,records.requesUrackiP9~~i)l1a!I3'0rjl:' i(': 03 . /JP -m APR I 3 MilO: 56

Sent: Tuesday, April 13, 20107:44 AM

To:

Cc:

abjpd1@juno,com .,' ,.i", :'il~ Lil t H:;H;.",G~H:S CFFICE

wmartin46@yahoo,com; dprice@padailypostcom; timothygray@sbcglobaLnel; Burns, Demlls; Council, City; Larkin, Donald

Subject: Re: Follow-up to original CPRA request re Brad Zook's employment cont ract with Palo Alto

Aram:

What can ju~tis[y the cost of keeping Brad Zood on the city payroll?

Mark

Ps, Dennis Burns needs to explain this expense,

Sent from my iPhone

On Apr I}, 2010, at 2:25 AM, "<iPjp<1i@jltnO,C.Qm" <a-hiRdJ@jYl1q,.<;Qm> wrote:

Hi Wayne,

Thanks for this important follow-up information, Aram

lOOK, BRADLEY $8,963,94 $107,567,28 PALO ALTO

Amm., by the way .. this is Zook's annual pension amount ." so ., and if he is "employed" by the City, then he is alsO creating secondarypcnsion benefits.

wayne

From: "[email protected]" <abjrui1@jldDO,Q,lm> To: dQriceSillRaggHYPost,!=Oilli pYll.Ii~.r~or~s,J"Q!J.".s.t,[email protected]; [email protected] Cc: [email protected] Sent: Mon, April 12, 2010 3:20:19 PM Subject: Fw: RE: Follow-up to original CPRA request re Brad Zook's employment cant ract with Palo Alto

Aram,

There are no specific documents responsive to your request. However, I have tried to respond to your questions below.

4113/2010

Thanks,

Donald Larkin Assistant City Attorney City of Palo Alto (650) 329-2171

Page 2 of7

This e-mail may contain confidential and/or attorney-client privileged material. If you have received this message in error, please immediately notify the sender and delete this e-mail message from your computer.

From: @[email protected] [mailto:[email protected]] Sent: Tuesday, April 06,.2010 2:04 PM To: Larkin, Donald Subject: RE: Follow-up to original CPRA request re Brad Zook's employment cont ract with Palo Alto

Hi Don,

I realize you are still within the 10 day time frame--in any event not rush--but here is my previous supplementall'equest. I hope all is well.

Aram

March 31, 2010

Hi Don;

111anks for your prompt response. Here are a few follow-up questions re my original CPRA request, made March 29, 2010:

(\) As a Management Specialist what are his (Brad Zook's) job responsibilities?

Brad performs varied duties as assigned by the Chief of Police.

(2) Is he assigned to work just with the PAPD--reporting to Dennis Burns, or are his responsibilities more extensive and does he report to anyone else, i.e., City Manager James Keene, IPA Mike Gennaco???

He works in the Policy and Services unit of the Police Department.

4/13/2010

Page 3 of7

(3) What is Brad Zook's hourly rate?

Mr. Zook is an hourly employee of the Chy He is paid at the rate of $55Ihr.

(4) Brad Zook's gross pay for 2009 was $12,100.

Yes.

(5) Is he still employed in the same role in 20 I 0, some other role in 20 I O?

He Is still an employee of the City.

(6) How much has he billed the City of Palo Alto in 201O?

As an employee he does no! bill the City. He has worked fewer than 100 hours in 2010.

(7) I am requesting again, pursuant to the CPRA, any billing Brad Zook has provided the city with any details describing the work he has billed the city for since April 2009.

As an employee, he is not required to provide detailed billing. He works under the supervision of Police Department management.

(8) Can ( sec original request) you provide the work product/repOits Brad Zook has completed, in his rolc as Management Consultant If the entire report is no! discoverable please release redacted report( s).

The only original work product that Mr. Zook has prepared are personnel investigations, which are entirely exempt from disclosure pursuant to Penal Code section 832.7.

(9) Has Brad Zook completed his work on the Lt: Tim Morgan/Page Mill Properties case?

Information regarding police officer personnel investigations is confidential pursuant to Penal Code section 832.7.

Sincerely,

Aram James

Aram,

There is no employment contract Brad Zook is employed by the City as an hourly Management Specialist. His date of hire was April 10,2009 and his 2009 gross pay was $12,100.

Thanks,'

Donald Larkin

4113/2010

Assistant City Attorney Cltyof Palo Alto (650) 329-2171

Page 4 of7

This e-mail may contain confidential and/or attorney-client privileged material. If you have received this message in error, please immediately notify the sender and delete this e-mail message from your computer.

From: [email protected] [mailto:[email protected]] Sent: Monday, ~rch 29, 2010 1:57 PM To: larkin, Donald; public.records.reQuest.tracking@gmai),<;Ol1'li dru:iQ':@padailypost.com ; gi'/aJfi!:[email protected]; j[Qsen@9a,sccgov.org Cc: Brown, Sandra; dru:ice@Radaii','post.com ; awalsh@Radail','PQst.com; Council, Cit',' ; wmartir:t,\5@hotm<ljl~Qm; Baum, Gaf','; larkin, Donald; Brown, Sandra; Denson, Mike; Watson, Ron; [email protected]; [email protected]; [email protected]; MBUJ,,[email protected]; [email protected]: bjones@!aQir.com; [email protected]; [email protected]; [email protected]; [email protected]; BJMiller@l<l!id.org Subject: Public Records Request for employment contract between Cit',' of Palo Alto and Brad Zook

California Public Records Request

March 29, 2010

To: Assistant Palo Alto City Attorney Donald Larkin

From: Aram James

Re: California Public Records Request.

Dear Mr. Larkin:

It has come to my attention that former Palo Alto police officer Brad Zook (now retired), was employed (in the last 12 months),by Palo Alto Police Chief Dennis Burns--- to assist in the investigation of alleged improprieties by former Palo Alto police officer-- Lt: Tim Morgan, re events and alleged misconduct surrounding the Page Mill Properties case. Here is my request.

Can you please provide the following information:

(1) When was Brad Zook first employed in the former PAPD LI: Tim MorganlPage Mill Properties investigati on? , (2) When did said employment terminate?

(3) Please provide any employment contract entered into between the City of Palo Alto and retired Palo Alto police officer Brad Zook re the above investigation.

4113/2010

Page 5 of7

(3) Please provide any and all information re the compensation paid Brad Zook for his work on the above investigation.

(4) Finally, please provide any portion of his completed investigation, in the above matter, not precluded from disclosure pursuant to the CPRA.

Sincerely,

Aram Byer James

Aram:

The officer is Brad Zook. He was 1 beleive the same officer involved in the PAPD Lewis Verbrea rape case. As you know they were all buddies at one time .....

Genanco, I beleive has not complete his cover-up yet or it's on hold. Now I could be wrong.

Mr. Genanco, have you completed Ihis investigation or are finishing up on the touch and feel policy of PAPD officers.

(pat down)

Aram, As you know Mr. Genatleo over looked the sexual assualt history of the PAPD.

Did you know rape has been reduced to a misdemeanor for police? Yea. This was the case for Burns buddy. .

He Verbrea can file to get his record expunged and go work for another policing agency. Were you aware of this?

411312010

,

Mark

Sent from my iPhone

On Mar 29, 2010, at 7:49 PM, "llbi.lld1@jll!:l0.com" <ll\JJillll@iuno."Qm> wrote:

411312010

Hi Mark,

Gennac;o using a Ghostwriter? Now that is a very funny thought, re a very serious set of matters. BottomLiI'lS'~l would like to,know if and wh"n tbe formerPAPD Lt; TimMorg!)n investigationyvill be r~olved and mllkepublic. As I recall, and correct me if I am wrong here, Chief Bums hired a another former PAPD officer ( at some substantial expense, I might add), to assist Gennaco in completing the investigation of rogue Lt: Morgan re the Page Mill Properties Scandal.

Did I miss it--has the matter already been completed? If so what was the upshot re Lt:.Morgan--were eriminal charges ever brought against Morgan? Was he in fact double dipping --claiming pay from two employers with overlapping work hours? How was this resolved? Did anyone file a public records request to find-out how much the taxpayers were charged for Bums hiring a Jarmer P APD ol1icer to conduct the Morgan investigation? Was it a conflict to hire this former PAPD officer to clean up what may well have been partly Bums's mess?

Finally, I thought Gennaco was going to complete the Children's Theater Scandal, and let us know who was the P APD supervisor that allowed Sg1. Michael Yore to run rogue in that investigation. Any I right or wrong here?

Aram

Aram ....

theses guy's are way to busy covering there tracks ...... we don't even know if there even preforming or writing own reports ..... they may have employed the use of Ghostwriters".

No one checks there work ......

Mark

On Mon, Mar 29, 2010 at 11 :55 AM, illtiPgJ@juno~\;Q!n <@jJ)dl@~QA;om> wrote:

Page 6 of7

4113/2010

Hi Mark,

Here is the e-mail I was referring to. Aram

Hi Mark,

We must conlinuelo demand that the names of those convicted criminals, still employed by the PAPD, be released to the press and public ASAP. In addition, we must demand that the secret police advisory board be opened to the public. WemJls.tqemal1!.UQ:find-out what ha.12pQJ!~g with the i!1y~stigation re rogue former PAPDLt; Tim Morgan (remember the Page MmPro12erties Scal1dal). Finally, we need to have the IPA release the name of the PAPD officer who 'supervised Sgt. Michael Yore during the course of the Children's theater scandaL'

Aram

Mr. Genanco's sister city preview - The names (officers) are not protected and reflects "due diligence" in action ....

This site is shocking and to think that Lt. Sandra Brown and the Genanco team would proteot the officers names in unfathomable and sicking ....

I,

Page 1 of6

Council, City

From; [email protected]

Selll: TueSday, April 13, 201U5:14 PM

To. pUblic,[email protected];Keene,James;Bums, Deford!;; BIOWiI, Sandra

Cc; wmartlr.4S@yahOO,t.om;dprico@padaJlyposU:()m:limolhygr8y@SbcglobaLneI; Burns, Deftn!.s; Ceuncil, Clly; LafllJn, Ooroald

Subject: Re: FoIlow4Jplo original CPRA req!.lesl re orad Zook's 8I1lp1oymeOlt>:)(\! rad wilh Palo Alto ;·,L',l".,t: \: ;'wD ,::111' ::;',L\:,EfI'S OffiCE

Hi J\1ark,

Good question, I think you should direct this question to James Keene, the city council & Dennis Burns,

I wonder how they can justify wanting to cut traffic crossing guards for the children, but still pay Brad Zook above and beyond his $100,000 annual retirement salary?

Aram

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}

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Content-Type: multipart/alternative; boundary=Apple-Mail-5-804879445 " Content-Transfer-Encoding: 7bit X-Mailer: iPhone Mail(7El8) Mime-Version: 1,0 (iPhoneMail 7£18) Subject: Re: Follow-up to original CPRA request re Brad Zook's employment cont ract with Palo Alto Date: Tue, IJ Apr 2010 07:44:06 -0700 Cc: "wmartin46@yahoo,com" <wmartin46@yahoo,com>, "dprice@padailyposLcom".<dprice@padailyposLcom>, "timothygray@sbcglobal,net" <timothygray@sbcglobal,net>, dennis,burns@cityofpaloalto,org, [email protected], donal [email protected] X-UNTD-BodySize: 41726 X-UNTD-SPF: Pass X-UNTD-DKIM: PASS X-ContentStamp: 36: 18:3145940096 X-MAIL-r.\FO:3f45c4dI8921 7d8941301 541557415e4708da9c9fd6135bl75 50a4dl2d89blld540165f4dd5430454519d56d5c b9803885c19db99d6514bd04alfSf9013d81e0193080bdeOf595e52941e53d29a591e06159598dfged208dfl3 Id5bde5, 40d96 540dl39fOa031 ed5d38dd412155a055edl15525cd302574 fSb4657 d9d04257480b934793160043dd9f98l8405e X -UNTD-Peef-Info: 209,85, 160.451mai l-pwO-f45.google.comlmail-pwOf45,google.comlpublic,[email protected] X-UNTD-UBE:-l

Aram:

What canjustisfy the cost of keeping Brad Zood on the city payroll?

Mark

Ps, Dennis Burns needs to explain this expense,

Sent from my iPhone

On Apr 13,2010, at 2:25 AM, "[email protected],com" <[email protected]> wrote:

Hi Wayne,

Thanks for this important follow-up information. Aram

ZOOK, BRADLEY $8,963,94 $1 07,567.28 PALO ALTO

Aram .. by the way .. this is Zook's annual pension amount ... so .. and ifhe is "employed" by the City, then he is also creating secondary pension benefits.

wayne

From: "abjpdl@juno,com" <abjpd1@junQ,com> To: c;lQJlc~@padail)lpost,comi public.records,[email protected] [email protected] Cc: [email protected]~t . Sent: Man, April 12, 2010 3:20:19 PM Subject: Fw: RE: Follow-up to original CPRA request re Brad Zook's employment cant ract with Palo Alto

411412010

'j

Aram,

TOOre ere no spaafic documems responsive ID your mqucs! However j OO'le !fied 10 raspand 10 YOlif qOOSCMS beklW

Donald larkin Ass13lant elly AHomai' City of Palo Alto (650) 329·2171

Page 3 of6

This. (j·rmiil may cotituffi oonfidonUal 1l"'Kllcr auomey-diElr'!l priv~eged meleriaL If yOU haya roceived Ihis message in errm, please immediately notify 1M ttender and delete Ih's emaH message Imm y¢Uf computer,

From, 9QiPJ:[email protected] [mailto:[email protected]] Sent: Tuesday, April 06,2010 2:04 PM To: Larkin, Donald Subject: RE: Follow-up to original CPRA request re Brad Zook's employment cont ract with Palo Alto

Hi Don,

I realize you are slill williinlne 10 day time fmme.-ill any evenluol fush··bt11 here is my previous slipplemcilial request I h?pc fill is well.

Aram

HiOon,

Thanks tor your'prompl response. Here fife: n few follow-up questions re my orIginal CPRA request. mnde March 29, ,2{)!{);

(I) As a Managemenl Speeialis. whlH nre his. ( Orad Zooli's) job responsibililies?

Brad plOlicnns varied dl..tiee 35 aS5il)l1$d by the Chief of Police.

(2) Is he assigned to work just wilh ine PAPO,*reporting (0 Dennis Burns, or are his responsibililfeS more extensive Rnd does he report to anyone else, i.e., Cily Manager James Keene, IPA Mike Gennaoo?1?

He iNOlks In Ihe poliqiaml SllIvices unil of the Police Department

(3) Whll.1 is Brad Z.ook's hourly role?

Mr. Zook is 80 hourly llIrt\ployoo orihe City, He is pa'io at !he rato 01 $55I1lr.

(4) Brad Zook's gross pay for 2009 was $12,100.

Yes,

(5) 15 he still employed in Ihe same role in 2010, some olber role in 2010?

He i$ sllll an emp:Qyt;leof the City,

(6) f{ow mlleh hfls he billed Ihe City or Palo Alto iULOID?

As an employee he doss nol hHI the City. Hahes w<lfked (ewe( lhan 100 hours in201{),

(7) I am requesting again, pursUl1nl!O the CPRA, flny billillg Brad Zook has provided tile city with any details describing the work ho has billed the clly for since April 2009.

As an employee, he is not required 10 p.'ovide <ielaRed blUing. He works under !he stJpervision of POlioe Dapal1roool management

{8) Cun (see origim'll request) you provide the work procluetlrepons Brad Zook 11<'1S cofllpkled, ill his role 1.\$ Management Consliltant !flheenlire report is not diseoverab!e please ,elea~ reclacted repofl(s).

4/14/2010

Page 4 of6

Tile only ori9:oal work prodl,!C1 thai Mr. Zook Nlsprepered ere personnel investigations, whk:har6 entirely e)'Oempj from O'sC!O$Ufe pursuant to Penal Code section 632.7.

(9) Has Bmd Zoo!.: completed his work ofllhc LI: Tim MorglirJPagc Mill Properties case?

It'fOtffialion regarding police officer pBrsonnel :nvcstigelioos is oonliOOI".lil;! pursuent 10 Penal Codt'! sectIOn 83:;0

Sincerely.

Atam James

A'am,

There is no empfo'(rll<l.'1t oonlrm:;\. Brad Zook Is: employed by ltle City as an hourly Management Specialisl ~ns dele of hire was April 10, 2009 and 1'.:$1009 groSfl pay Wa& $12,100.

Thanks,

Donald larkln As5lstant City AltClflH1'I' Cllt 01 hlo All{) (tiSO) 329.2111

donald.larkin@C;i1Y.ofpaloalto.org

This iN')aij may cordain conf!(!enlial amYor alIMJ6y-<:lienl privileged material. II yeu have (ecilived this rnmseg6 In error, ploose immedialely notify lhe senOOf and .;I",le1e lhi$ email mss.'1ag8 frem YOW computer.

From, i:!b.1P-dl@j!.!l1o.com [mailto:[email protected]] Sent: Monday, March 29, 2010 1:57 PM To: Larkin, Don'lld; [email protected]; dpric~Ri,!dailypost.com ; [email protected]; [email protected]<;<:;gov.org Cc: Brown, Sandra; [email protected] i [email protected]; Council, City ; [email protected]; Baum, Gary; Larkin, Donald; Brown! Sandra; Denson, Mike; Watson, Ron; [email protected]; dtomkins@dQ,scc9QY,9IQi [email protected]; MS\[email protected]; [email protected]; [email protected]; [email protected]; ll@rias@I'm.lL.fOm; [email protected]; M:K1§[email protected]; R1Miller@lasd,Q[9 Subject: Public Records Request for employment contract between City of Palo Alto and Brad look

California Public Records Request

March 29, lOlO

To: Assislant ralo Alio elLy Attorney Donald Larkin

Prom: Aram James

Re: Califomill Public Records Request.

Deaf Mr. Larkin:

11 has come 10 my aUelltion IIm1 former Palo Alto police orfieer Brad Look (now retired), Wl\S employed (In the la!i{ 12 ffiOlllhs),by PuloAllo Poliee Chief Dermis [Jurus ... ·• (0 assist in tile invesligatioll ofnlkged il11proptie!ies by fonner Palo Alto poli{:c officer-- Lt: Tim Morgan, Te events and alleged mis<.:onducl surrounding the Page Mill Propef1ic~ case. Here is rny request.

Can you please provide Ihe following informacion:

i I) When was Brad Zook first employed In the former PAPD LI Tim MorganIPage Mill Propef1ies inves,liglllion?

(2) When did said employment terminate?

(3) Please provide an}' employment contract entered inlo netween the City of Palo Alto .md retired Palo Alto police OmCe( Brad Zook re the above investigation.

(3) P~ea$C provide nny lind all lnrOrffilllion re the compensation paid Brad 200k ro.lris work on the above invcstigatioll.

(4) finally, please provide any pOrliou or his complelcd investigalion, in the ahove maller, nul prccluded from disclosure pursulmi to Ihe CPRA.

4/14/2010

1

Page 5 of6

Smccrely,

Amm Byer James

The ofl1ecr ,is BIRd Zook. He WItS J beleive the same officer involvoo in the PAPD Lewis Vcrbrea rape case, As you know lbey were all buddies alone lime ...

Gellanco, I belelvc has: nOI complete his cover~up yet or ii's on hold. Now I could be wrong.

Mr. Genanco, have you completed this investigalion Qf are finishing up Ql\ lhc louch and feel policy ofPAPD officers.

(pal down)

Arum, As you 'know Me Genanco over looked the sexual assualt history ofthe PAPD.

Did you know mpe has been reduced to a misdemeanor for police? Yen. This was the case for Burns buddy.

He Verbrcli Clin lIIe.o get his record expunged and go work for «not her polielllg agency. Were you aware oflhis1

Mark

Sent from my iPhone

On Mar 29, 2010, at 7:49 PM, "flQil'[email protected]!)o"<:om" <~!:>[email protected],cJ)m> wrote:

HlMark.

Genmwo using a Ghostwriter? Now that is a vcry funny Ihoughl. re a very serious set ofmallcfs. 8.!ittom Line; I \,>;~l!lk1)OW if ftnd whenJ~ fru:!nillAPD Lt· Tim..MQ..tgan inve!fjgfitlcm will be .. ~soJyed and make p~. As I recall, and concel me in am wrong here, ChiefBurl15 hired a another rormer PAPD officer ( at some substanlial expense, I mighl ruJd), to assist GennilCO in completing Ihe invcstigation of rogue Ll: Morgiln Te the Page Mill Properties Scandal.

Did 1 miss tlw-has (he maliC! already been completed? If so what wa~ the upshol rc Lt: Morga1lw-\VCre crimimd charges. ever brought against Morg,:m? Wa$ he in filct double dipping -claiming pay from two emptoyers with overJappinu work hours? rlowwas this resolved? Did anY,one file a public records request to find-out how mllch the taxpayers were charged for Burns hiring a former PAPD onlcer [0 conduct the Morgan il1vcstigalion? WA.S il a conllict to hire til is former PAPD oflicer 10 dean up what may well hav..: been partly Bums's mess?

Finally,l though! GeTUlaco was {iofng to complete the Children's Tilealer Scandal, and lei us know who was tile PAPD supervisor Ihal allowed Sgl. Michael Yore t{) run rogue in lha! investigation, Any I right or wrong here?

Aram

Aram ....

theses guy's are way to busy covering there tracks ...... we don't even know if there even preforming or writing own reports ..... they may have employed the use of Ghostwriters",

No one checks there work ......

Mark

4114/2010

Page 6 of6

On Mon, Mar 29,2010 at II :55 AM, [email protected] <!!"[email protected]> wrote:

Hi Mark,

Here is the e_-mail I ';'Ia5 referring to. Arum

Hi Mark,

We must continue 10 demand thallhe names of those convicted criminals, still employed·by the PAPD, be released Lo the press and public ASAP. In addition, we must demand thlll the secret police advisory board be opened 10 the publie. We must demand to find-out \VlmL happ-en~ with the

[email protected] former PAPPJ,..t: Tim Morgan (remember the Pag~MiIl Properties Scandal). Finally, we need to have the IPA release the name of the PAPD officer who supervised Sgt. Michael Yore during the course of the Children's theater scandal.

Arum

Mr. Genanco's sister city preview - The names (officers) are not protected and reflects "due diligence" in action ....

This site is shocking and to think that Lt, Sandra Brown and the Genanco team would prolect the officers names in unfathomable and sicking ....

h.tlpJlbehi ndthebluewa II. b logs R0t.coml

4114/2010

"

Page 1 of 1

Davis, Phyllis

From: Nat Fisher [[email protected]]

Sent: Tuesday, April 13, 2010 1:13 PM

To: Council, City

Cc: Jennings, Diane; Keene, James; Baum, Gary

subject: libraries

Council Members:

With two library branches (Downtown and College Terrace) being closed for a year or more, there is no justification for reducing hours at the remaining library branches. I would hope the Council would reject this budget idea.

I also think it unwise to make property owners responsible for sidewalk repair. Sidewalks which.are public right of ways are the City's responsibility. If property owners had to pay the cost, then people will not report to the City potentially dangerous situations, 'where sidewalks are uneven or broken and could injure people. niis is not the way to go. If someone is injured, whom do they sue, the property owner or the City?

Natalie Fisher

The New Busy is not the old busy. Search, chat and e-mail from your Inbo~. Get.started.

~ .. '

':.:J

I r,

411412010

Davis, Phyllis

From: Sent: To: Cc: Subject:

Palo AltoCity Council City of Palo Alto Palo Alto, CA 94301

Subject: Limited Library Closures

Elected Council Members:

Comments.

Wayne Martin [wmarlin46@yahoocomj Monday, April 12, 2010 11:00 AM Council, City Keene, James Limited Library Closures

;IJ/O .' .--eHPR 12 AM 10: 12

attributed to Jeff Levinsky ("Friends of the Library") about the reduction of open hours in the Palo Alto LiebigSystem in a recent Daily Post article on the budget problems of the C \ity of Palo Alto cause this Silicon Valley resident to ask: "What planet does Mr. Levinsky live on?" Mr. Levinsky's comments about "people having to wait for books" makes little sense, if the librarIes were closed one day a week.

The library has a "hold" capability via its Web-accessible on-line catalog, This capability allows people to determine if a book is available, or if others are "in the queue", without having to actually go to the library,. Since the online catalog is available 7/24/365--it doesn't matter whether a library branch is open, or closed, since a person has a simply to click the mouse couple times in order to have the book reserved, pulled from the shelves and placed in a convenient "will call" pickup area in any library he/she chooses. The library hold these books for a period of time, for the convenience of the patron.

But more to the point, if anyone takes the time to look at the use statistics for a given book, one will find that the book is either "available", or that there is a "queue". For the most popular new booksl there is usually a queue of 3-5 people atany one time. That means that there is a wait of upto 25 weeks in that situation, given that the library allows up to five weeks for a given book to be on loan.

Additionally, the Palo Alto Library is now a member of the Link+ system--which offers Palo Altos up to 18 million books. The service usually takes 3-5 days for delivery from the remote library. So, does it really matter whether the book is picked up on Sunday, Monday or Tuesday, when it's likely to sit for a couple of days anyway, or the patron has had to wait several weeks to rise to the top of the "queue"?

1

'!.\

b

1'1' Moreover, with Google/Books, the Internet Archive, and the on-line stores of Amazon, Sony, and Apple

1 (with the recent availability of the iPad)j there are millions of books available on-line for instant download, at prices ranging from FREE to $10-$14.

And, Borders Book Store is still open most days for people who still believe it's OK to buy books. --rather than expect the taxpayer to make them available at anywhere from $7-$10 per circulated item.

The world has changed significantly in just five years, where books are concerned. How is it the people in Palo Alto--where so much of this technology has been pioneered--don't know anything about the expanding world of e-books? Or online information?

It makes no sense for the City to continue to make these sorts of materials available at ever increasing costs to the taxpayer, when they're online to the individual at modest prices.

Last week, Apple introduced its on-line reader/video device, the iPad. This device is but the opening gambit of Apples entre into the world of e-books. (The iPhone has become a very popular reading deviCe, with about 2M e-books formatted for it and available for Free from Google/Books. More popular books are available from any number of sources for the iPhone too.)

With Amazon, Sony and Apple all "in the e-book space" now, the opportunities for other vendors will increase, as will the number of books and publications that will be distributed via these reading devices.

The following article provides interesting indirect evidence about the impact that the Apple iPad will make on digital reading --

http://www.fiercebroadbandwireless.com/story /boingo-ipad-ma kes-strong-showing -wifinetworks/2010-04-12?utm_medium=nl&utm ... source=internal

Boingo: iPad makes strong showing on WiFi networks April 12, 2010 - 12:32am ET I By Lynnette Luna WiFi providers Boingo Wireless reported that the iPad, after four days in the market, became the second most popular non-laptop device to connect to certain WiFi networks, which includes 58 airportsl the Washington State Ferries and several sporting arenas and convention centers. The iPad now displaces Android devices and more than doubles the daily number of visits for the previous second-place devicel the company said. Boingo is providing WiFi access to iPad users on an hourly or monthly basis. "It's stunning how quickly the iPad has established itself as a force in WiFi,1I said Dave Hagan, president and CEO of Boingo Wireless.

2

"After four days in market, it is'already being more widely used than other WiFi enabled .. '~ mobile devices that have moved millions of units." The iPhone is still tops other devices in WiFi connectivity, representing nearly 90 percent') of all non-laptop connections in .80ing's airports, the company said. However, the iPad registered 5.4 percent of all device connections, while the Android registered 2.5 percent. Blackberry phones and iPod Touch MP3 players accounted for less than 2 percent each of total visits. Windows Mobile was less than 1 percent.

Read more: http://www.fiercebroadbandwireless.com/story/boingo-ipad-makes-strongshowing -wifi-networks/20 1 0-04-127 utm_medium=nl&utm_source=internal#ixzzOkuPmKYW2

With the iPad's being detected on Wi-Fi networks so quickly, it will most certainly be seen in even larger numbers on the nations 3G networks with the 3G device is released by month's end.

The Palo Alto Library's use statistics for last year indicated that the library was being used less than a year before. Given the rapid acceptance of e-books l this is not hard to believe. Certainly with 8~10 million iPads likely being sold in 2010-111 and the continued growth of the Kindle, and Sony read.ers (and eventually the Plastic Logic QUE)I it's hard to believe that in the next three to five years the reduction in the use of the Palo Alto library won't even be more dramatic.

The City Manager is absolutely correct in reducing hours of these libraries. It's a shame that he's not more aggressive in requiring the Library to actually educate people about alternatives to paper books and resources--rather than quietly supporting the continued operation of these "traditional" services that are not cost effective to the taxpayers, and not all that popular to the public at large.

Wayne Martin Palo Alto, CA www.twitter.com/wmartin46 www.youtube.com/wmartin46

3

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Davis, Phyllis ".

·/iJ£L " From:

Sent:

To:

Cc:

Subject:

[email protected] -f1f APi? 14 AN 8: 21 Tuesday, April 13, 20109:18 PM ." ..• , •

._"_ ... : j, - '

[email protected]; Council, City; robinminI<IElc@'ginl:iili;O(lT;ICf [email protected]

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] .

(code pink)Urgent Action: Historic vote for divestment!] from code pink

Attachments: (code pink)Urgent Action: Historic vote for divestment!

April 13, 2010

Dear Folks,

In the next 24 hours you have the opportunity to help make history.

Page I of2

Join Archbishop Desmond Tutu, Noam Chomsky, Naomi Klein, Judith Butler, JVP and Israeli peace groups like the Shministim, Gush Shalom, arid the Coalition of Women for Peace and help make history at UC Bcrkelcyhy sUPPOI·ting the ASUC Senate divestment bill. Please join us in attending the UC Berkeley debate on divestment this Wednesday, April 14 at 7pm in Eshl~mJ\nH,lll on the CAL campus (on Bancroft).

On March 18; UC Berkeley's student senate voted 16 to 4 to divest from General Electric and United Technologies because of their role in harming-civilians as part of Israel's illegal occupation and the attackon Gaza. A week later, the Senate president vetoed the bill despite a massive outpouring of suppOli for divestment. But the final decision will be made tomorrow, when the veto can be overturned with just 14 votes.

The bill's opponents have been waging a campaign .of misinformation, including a c1esed door meeting with the Israeli Consulate General where student senators were actually teld that massive Jewish criticism ofIsraeli human rights violations is a cultural patholegy, The senators have also been flooded with letters and we've now heard that Alan Dershowitz may be .on campus.

It truly is time fer all hands on deck! Se let's make a little history, shall we?

Wednesday, Allril14, 7 PM, UC Berkeley: ASUC Senate Debate on Divestment: Round II. The bill, calls fer the removal of ASUC and UC investments in companies tbat supply the Israeli government with weaponry used to commit violations of international law, human rights law, and, in the judgment of the UN, war crimes. It also establishes an ASUC committee te loek into a comprehensive divestment policy targeting cempanies that enable war crimesthrougbout the world. Come speak and show yeur support. The J:lreviousdebl,lteJl'lsted til DAM, sobe.m:epare!.t Meet on the 7th fleor of Eshleman Hall, which is near the corner of Bancroft and Telegraph, across frem Wells Fargo.

Cliek here for the information on the original debate and full text of the bilL

Click here for the extraordinary response to the ASUC Presidential Veto of Senate Bill118A, written by

4114/2010

: t.

• Page 2 of2

the UC Berkeley Divestment Task Force & UCB Students for lustice in Palestine.

Cliek llere for the letter of Support by Archbishop Desmond Tutu.

Click h<:<r<:< for the statement of support irom internationally best-selling author, journalist, and cultural critic Naomi Klein, author of No Logo and The Shock Doctrine.

Two more opportunities to show support at UC Berkeley:

Wednesday, April 14, 1l:30 AM, UC Berkeley: What: Silent Direct Action! fi€"When: Wednesday April 14, 2010 at 11 :30 AM 2:30 PM. Where: Steps of Sproul Hall on Sproul Plaza@ UC Berkeley. How: Please RESPECT the following wishes from SJP Berkeley:

1. Please do not bring any outside literature or fliers for other groups and organizations you may be affiliated with.

2. Please do not engage in any debate or argument with the organizations, student groups, or individuals that will try to engage or antagonize you (they will be there to provoke and disrupt the direct action we dol1ot want to engage them for any reason!)

3. We ask that you please remain silent. 4. We ask that you find one of the SJP members for instructions, SJP members will be identifiable by

the green eloth wrapped around their wrists and should be loeated on the steps of Sproul Hall. They will ' instruet you when you show up to SprouL

Wednesday, April 14, 6:30 PM, UC Bcrlu.!ley, Boalt Hall Room lOS: Palestinian Political Prisoners in the Context of Colonial Occupation & Resistance, Displacement and the Struggle Against Israeli Apartheid. In Commemoration of Palestinian Political Prisoners Day & In Support of the UC Berkeley Divestment from Israel Resolution, join us to hear speakers Lena Meari and Ziad Abbas, Lena Mead is currently a PhD candidate in the Department of Cultural Anthropology at the University of California at Davis. She conducted her research on the interrogation encounter between Palestinian political activists and the shabak. Ziad Abbas is the eo-founder of tbe Ibdaa Cultural Center in Dheisheh. He recently completed his Master of Arts in Social Justice in Intercultural Relations and is the Associate Director of the Middle East Cbildren's Alliance in Berkeley. Click here for more info .

.. Sponsored By: Arab Resource and Organizing Center (AROC), AI-luzoor, AI-Awda SF, Bay Area Campaign to End Israeli Apartheid, Free Palestine Alliance, MECA, Muslim Student Association -Berkeley, Palestine Youth Network (PYN), SJP - Berkeley, Sunbula: Arab Feminists for Change, US Palestine Community Network (USPCN), Voices of Middle East and North Africa-KPFA

Please note: forwarded message attached

4/1412010

Minor. Beth I

COUNCIL MEETING I{-/l.--/O ~ Placed Belore Meeting [ J Received at Meeting

Page 1 of2

4 --------------------------....... ~ ..•....

From: Morariu, Kelly

Sent: Monday, April 12, 2010 10:18 AM

To: Council, City; [email protected]

Cc: Keene, James; Baum, Gary; Grider, Donna; AntI!, Pamela; Emslie, Steve; Fong, Valerie·

Subject: CM Holman Agenda Questions: Item 4

Good morning-

The City Manager has asked me to forward these responses to questions from Councilmember Holman on agenda item #4, prepared in coordination with Utilities. Please let us know If there are other questions.

Thank you-

Kelly McAdoo Morarlu Assistant to the City Manager/Interim co-Division Manager Arts & Sciences City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 650-3<9·<452 office 650·3<5-5025 fax kelly. morari [email protected]

Council QuestioQs: 1) Is the city committed to this exact project, meaning the Home Energy Reports, because of the federal funding grant or could it be used for a similar but perhaps more effective program with same intended result? . Reason for question is two-fold:

a) Sacramento reports only a 1-3% improvement in energy consumption (Page 2 of CMR) b) Project Is focused on comparative usage rather than providing gUidance on how to save energy

2) Can staff explain the need to do a local survey/study compared to using any existing albeit more general data that exists as to home energy use?

3) Acterra's Homer Energy audits .. ".

a) what Is the effectiveness (rate)? b) could the proposed funds for this item be used to supplement that program? c) the proposal covers a period of 3 years, what is the timeliness of the Acterra

audits

4} As r read the CMR, at the end of the project at a cost of $361,083 we have reports rather than Instruction or guidance. Is this the most effective and timely use of City funding?

~taff Response: The federal grant is for Home Energy Reports and the federal grant cannot be used for other purposes without the express approval of the federal government. These reports, offered by OPOWER, have been shown to be·cost effective and one of the most effective mechanisms to achieve customer involvement in programs. Getting a reduction in one to two percent on average throughout the community through this program would be an incredibly cost-effective way to get savings. All residential programs combined last year resulted in an average of about 66 kilowatt hours (kWh) per year per customer in incremental savings. This is much less than a 1% reduction, as the average residential usage on a monthly basis is about 650 kWh. To put things in

4/12/2010

,

Page 2 of2

• perspective, the total energy efficiency savings in 2009 was around 0.47%, so a 1% savings would mean that the Home Energy Reports (HER) is a very effective program.

Much of the behavioral research coming out shows that the most effective way to get customers to reduce energy usage (or to make any behavioral change) is to show how they compare with others. Instead of being used as a survey tool, the HER provides feedback to residential customers on their energy usage. The HER will provide a comparison of energy usage of the target customer with similar households in the neighborhood, as well as specific tips for reducing energy usage calibrated to the customer's utility consumption. For example, customers with high electricity usage In the summer might have tips on ways to use fans for cooling, as opposed to expensive air conditioning. In addition, customers will be able to access a web portal, where they can update their usage assumptions from the letter and get even more targeted information on reducing usage. The HERs are a great way to use this behavioral technique to get people thinking about ways that they can be a part of the community to reduce their usage.

Energy audits have been used for some period of time, and their effectiveness in producing conservation and reduction in usage is mixed. While useful for some customers in providing in-home, speCific advice, these audits have typically not passed cost-. effectiveness tests due to their cost and the relative inability to show signlficant cost reductions. During the period July 1, 2009 to December 31,2009, through Acterra's Green@Home energy audit program, 41 House Calls (including SS Compact Fluorescent light giveaways) were completed for Palo Alto residents. Since the program began in August 2008, a total of 141 House Calls have been completed in Palo Alto. Acterra was closed for the Thanksgiving and Christmas holidays, so the volunteers were not conducting House Calls during those times. Out of the total 41 Palo AlIa House Calls made since the beginning of the fiscal year, 35 residents have been successfully contacted by phone afterwards for a program review.

All funds for the program will come from either the federal grant program or from Enterprise funding and will not impact the City's General Fund.

4/1212010

Minor. Beth ICOUNCIL MEETING

+12~JD '" Io/J Placed Before Meeting

~Y~.i; r 1 Received at Meeting

. From: Morariu, Kelly

Sent: Monday, April 12, 2010 3:08 PM

To: . Council, City; [email protected]

Page 1 of 1

4

Cc; Keene, James; Baum, Gary; Grider, Donna; Antil,Pamela; Emslie, Steve; Fang, Valerie; Ratchye, Jane /

Supject: CM Schmid Agenda question item #4: Home energy reports

Good afternoon-

The City Manager has asked me to forward this response to a question from Councilmember Schmid on agenda item #4, prepared in coordination with Utilities. Please let us know if there are other questions.'

Thank you-

Kelly McAdoo Morarlu Assistant to the City Manager/Interim co-Division Manager Arts & Sciences City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 650-329-2452 office 650-325-5025 fax [email protected]

.Q\:tJ:stion: OPOWER will spend $574K to provide home energy reports. The effectiveness of the progtam will come from assessing your own home use against homes that are comparable. OPOWER claims they will use as the base of their comparison "zip codes, city and county boundaries". Since Palo Alto is a diverse community and zip codes have little relevance to housing and income diversity, will OPOWER use other geographic breakdowns (such as Census precincts or local neighborhoods) so that energy usc patterns can be meaningfully compared?

Staff Response: In the Home Energy Reports, OPOWER will use census data, county property records, and other publicly available databases in the comparison. Information will be compared on Zip+4, street, and other types of available geogtaphic breakdowns.

OPOWER will be reviewing these databases by a variety of geographic and demogtaphic infonnation to develop similar gtoupings of homes including age of house, size of house, value of home, type of construction, presence of a pool, presence of a garage, participation in past rebate programs and renter vs. homeowner, presence of children in the household, ages, duration of residency, etc.

4112/2010

The Konforrmst - J:<'luondatlOn chemICals contam hIghest levels of l\rsemc Page 1.01'4

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, 1:. -

l<2K' December 2000

JHomePa~

i)~elated Links

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jJWhat's Hot!U

1;) Regular. I~slles

J;} aRccilllJ ssues

JjIkast Of The Month

l,)RobaIini r

OThe Vau](

Ii) KJ e!)!irrgtLQJJ§.<e

The Konformist

Water treatment chemicals contribute to Arsenic levels in drinking water

Sun, 29 Oct 2000

George Glasser

FOR IMMEDIATE RELEASE

Oct 29.2000

From George Glasser, St Petersburg, FL

Fluoridation chemicals contain highest levels of Arsenic

In an October 2000 Ot!llow article, "Treatment Chemicals Contribute to Arsenic Levels," the authors report that if the US Environmental Protection Agency Arsenic standard were set at three to five parts pcr billion, about tell percent ofthe Maximum Contaminant Level (MCL) tor Arsenic would be contributed by water trelltment chemicnls. They stated that 90% of the Arsenic contamination found in drinkillg water is attributable to flllorosilicic acid used in artificinl fluoridation schemes. The EPA is lobbying Congress and the Senate to reduce Arsenic levels to three to live parts per billion.

MililY studies have conduded Ihut chronic health dleclS uue to low t;oncentrntions of Arstlnic in the drinking water include prostate, skin,

http://www.konfonnis\.eom/2000/arsenic·fluoride.htm 411112010

The Konformisl- Fluoridation chemicals contain highest levels of Arsenic Page 2 of4

bladder, kidney, liver l1nd lung cancers. The non-cancerous effects illclude skin pigmentation and kemlosis (callous-like skin growths), gastrointestinal; cardiovascular" hormonal (e.g" diabetes), haematological, (e.g., anaemia), pulmonary, neurological i1nd immunological ctTccts and damage to reproductive/developmental functions.

The International Agency for Cancer Research has classified Arsenic as a Group I (a) substance, "known to cause cancer in humans," and the National Academy of Sciences strongly advocates urgent moves to reduce human exposure to this contaminant via the drinking water.

The EPA suggested that a reduction in the MCL for Arsenic from 50 parts per billiol1 (ppb) to 5ppb will result in the lowering of the Maximum Allowable Level (MAL) in the fluoridation product - . fluorosilicates derived from phosphate fertilizer pollution scrubbing operations.

The new MAL would prevent about 20 cases of bladder cancer and approximately 5 .bladder cancer deaths per 100,000 population per year. This tmnslates to 50,000 cases and 12,500 deaths from bladder cancer each year. .

The results of tcsts indicate that the most common contaminant detected in the fluoridation product is Arsenic. TIle Natkmal

. Sanitation Foundation International (NSF]) showed that the average Arsenic levels in the fluoridation agent were well above the proposed MAL. They said that irthe lower Arsenic MeL of 5 ppb is promulgated, future tests of tluoridation chemicals may result in "increased product failures",

The tluorosilicic acid is a toxic waste byproduet from phosphoric acid plant pollution scnlbbcrs, This acid contains two other Group I (a) substances - Uranium and Beryllium. Studies have revealed that Beryllium is a eausative of osteogenic sareomas (bone cancers), and Uranium is also known to cause cancers in humans.

Tn response to a recent Congressional inquiry by the US House Committee on Science regarding the lluoro~ilicic acid used to tluoridate drinking water, the EPA diSclosed that no safety testing has ever been conducted with the toxic waste byproduct. However, Charies Fox, EPA Assistant Administrator, indicated that a rhannaceutieal grade of sodium fluoride was an adequate laboratory surrogate for the toxic waste,

The authors oftlle 1\ \NWA OjJf/ow article recommended that the utilities should test the water for Arsenic at the tap because even tmce amoun\s found in water treatment chemicals can add up and contribute up to ten percent of the MeL of Arsenic, and that this is "hardly a minimal amount." This estimate does not account tt.r Ar~;cnic tbund at

httn'i/www konformi~t comi?OOO/M.<p.n;{',-fl"oririp hIm

The Kontonmst - fluondation chemicals contain highest levels of Arsenic Page 3 of 4

,Ollrcc in many water supplies. The authors are concerned that if the EPA Arsenic regulation is imposed, the addition of Arsenic-containing chemicals, such as tluorosilicic acid, may reach the Maximum Contaminant Level. Ends.

* Note: The American Water Wotks Association sets and implements quality standards for all water treatment chemicals.

** C. Wang, D.S. Smith, G.M. Huntly, "Treatment Chemicals contribute to Arsef)ic Levels," Opjlow (A WW A), October 2000.

EDITORS' NOTE: Following are internet sites offering more . information Of) Arsenic and a CDC attempt to sanitize the toxic

"pollution soup" used to ff uoridate drinking water.

US CDC attempt to cover up the source ofFlnorosilicic acid:

ht!Ri!bome.attnetl-gtigerclaw/vysblhtml/Fluorine Pollution"htm

()pjlow: http://www.(lwwa.org/oQtlow/

Cancer statistics:

httQ:Ilscer.eanccr.gov/Publications/CSR7393!

EPA:

How much Arsef)ic is llLloridation addillg to the public drinking water?:

National Resollrces Defense Council Arsenic report:

http://www.konformisLcomJ2000/arsenic-fluoride.htm LI!11J')lllli

I COUNCIL MEETING

" ~-/2-/D > [{)4 Placed Before Meeting ',' r 1 Received atMeeting

Minor. Beth

From: Morarlu, Kelly

Sent: Monday, April 12, 2010 12:26 PM

To:, Council, City; [email protected]

Page 1 of3

6

Co: Keene, James; Baum, Gary; Grider, Donna; Antil, Pamela; Emslie, Sieve; Fong, Valerie; Ralchye, Jane

Subject: CM Holman questions on Agenda Item 6: Water Fund Budget Amendment Ordinance

Good morning-

The City Manager has askeo;l me to forward these responses to questions from Councilmember Holman on agenda item #6, prepared in coordination with Utilities. Please let uS know if there are other questions.

Thank you-

Kelly McAdoo Morarlu Assistant to the City Manager/Interim co-Division Manager Arts & Sciences City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 650-329,2452 office 650,325,5025 fax kelly,morariu@city'ofpaloalto,.Q[J!

1) First of all, thank you for the table laying out the expenses and how they would be used.

Question: Please explain what possibilities exist that >lould justify the need to redetermine the route when the first analysis is only 3 years old.

Staff ReSPonse: During the pr~vious analysis I a potential route along ~tcitadero Creek and other Santa Clara Valley Water District Rights of Way (ROW) >las assessed and eliminated froID.consideration. Since that time j advancements in less intrusive installation technologies such as Horizontal Directional Drilling (HDD) have been made and could potentially result in both lower installation cost and less environmental impact. Finally, the SCVWD has a stated priority goal to encourage ~ore recycled >later use to meet future supply needs. While their original reaction to a recycled water pipeline along Matadero Creek was not enthusiastic, recent inte~actions with the SCVWD indicate the goals of creek stewardship and encouraging recycled water use may not ·be mutually exclusive.

Question: Please explain the need for.a focused EIR to determine the impact on landscape by the reclaimed wat~r. Does this information exist in another realm without incurring such expense ($372,000)7 In other words, do basic thresholds already exist?

Staff Re"pg!1§_Q! Basic thresholds do not exist. There are a mul ti tude of reasons that determine a plant's tolerance to recycled water. A redwood tree in one area may be tolerant to the water quality even though a red,.ood tree across the street may not be, Since there are so many different factors involved, it is difficult to establish a blanket baseline for use on all plant species.

The Single issue ErR will in fact cost $162,595, not $372,000. The total $372,000 request breaks down into the following tasks,",

4/12/2010

"

CEQA Single Issue EIR National Environmental Policy Act (NEPA) Additional SelVices Project MallagemenVMeelings Contingency Total

$162,595 $ 84,731 $ 67,933 $ 22,775

~3~~:~~ I

Page 2 of3

A full ElR can cost significantly more than the single-issue ElR that is the basis for the request in this Amendment. Due to the significant work that has been completed during preparation of the Mitigated Negative Declaration t there is no need to prepare a full EIR and the current EIR can focus on the single remaining issue.

In order for the City to receive the $8 million federal grant fund (see answer to 0#4 below), the Bureau of Reclamation must prepare an ~lvironmental document under the National Environmental Policy Act (NEPA). While the current amendment contemplates this activity. the cost may be less if the Matadero Creek alternative is eliminated.

The "Additional'Services" section of the budget amendment relates to additional engineering and technical investigations to determine if the Creek ROW can be used for the pipe installation. If not, the costs for this could be substantially less as well.

Q1!,estion: The end result of the expenditure is a report that might set in motion the application for a $33 million project. What is the likelihood' of outside funding?

Staff R~pons~ .. ~ Staff is focusing on two sources of potential funding: a low interest State Revolving Fund (SRF) loan and a Federal Title 16 grant. The SRF loan interest rate is typically half of the State's GO bond rate and it is likely the City will be well positioned to capture this lOan. The City has received Authorization for a Federal Grant of $8 million from the House of Representatives and is awaiting approval from the Senate. Assuming the City's request is approved by the Senate and the President signs the Bill, the City must make annual budget requests to the Bureau until the $8 million Authorization limit is reached. This may take several years. ,Staff believes that both the Federal and State funding that the City is seeki,ng is very likely to be achieved.

Q\le:,;tion;. I note that on the Attachment D, the CIP page, there is indication of a total expenditure of $4,782,000 going out to 2014. At what point will the City be prepared to go for funding? What is the proposed use of the remaining budgeted amount?

Staff Response: Upon completion of the ElR, staff will present the document and a project recommendation to Council (early 2011). If Council certifies the EIR and approves the staff recommendation, staff will proceed with the, project and pursue all potential grant funding sources. Staff anticipates submitting the SRF application in early 2011. Staff will also submit annual grant requests to the Bureau starting in early 2011 until the $8 million request is fulfilled

The cost of the project rises dramatically over the next few years as construction activities gain momentum. The Costs presented in the eIP page are staffts best estimate at the time.

Question: With either a high or low likelihood of funding, is there another, more likely project that would result in environmental betterment with similar or lo\V"er expenditure?

Staff Re.~'ponse: 'rhe City of Palo Alto has an exemplary record in promoting efficiency and conservation. II'hese activities are \"lidely viewed to be a lower cost. alternative to new supply side· resources such as recycled water. Regardless of the development of a recycled water distribution system in Palo Alto l the City will continue to provide water efficiency programs. However/ water supplies will always be limited and alternative

411212010

Page 3 of3

supplies will likely have long-lasting value. In addition, a recycled water project would provide penefits that cannot be achieved by conservation alone: .

(1) An easily quantifiable alternative water supply sour,::e to decrease reliance on Hetchy Hetchy potable supplies, (2) A drought proof supply of water that will allow continued irriga,tion of valuable landscapes during a drought, (3) Reduced treated wastewater discharges to the Bay.

Staff will assess this and the different potential funding scenarios when the EIR and staff recommendation are submitted to Council in early 2011.

Question: Qne source of funding indicated on page 2 of the. CMR is a low interest loan. What impact would a $33 million dollar loan have on rate payers; what would the length of the loan likely be, and monthly payments?

staff ReSDonse: The SRF loan is a low interest loan for the entire project cost. The most likely length of the loan would be 30 years, though there is some flexibility for payment terms; The final cost of.the loan will depend on the interest rate, the term of the loan and the actual cost of the project. The impact on rates will depend On all these factors, in addition to decisions based on cost allocation of the project and the appropriate rate to charge the recycled water users. Staff anticipates the SRF loan alone could lower the cost per acre-foot of the recycled water developed by .the project by 20-30%, providing a substantial cost reduction.

Note: It appears that there is an inconsistency between $372,000 and $382,000 scattered throughout the report.

Staff Response: $372,000 is the Budget request for the RMC contract. Staff is requesting an additional $!O,OOO to cover staff time for the project, for a grand total of $382,000.

4/12/2010

, .

PLEASE' CONTACT THE CITY CLERK'S OFFICE TO VIEW ADDITIONAL PAGES OR ATTACHMENTS OF THIS DOCUMENT

PUBLIC REVIEW DRAFT TENTATIVE ORDER (4/12/10)

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN FRANCISCO BAY REGION

TENTATIVE ORDER FOR WASTE DISCHARGE REQUIREMENTS and WATER QUALTIY CERTIFICATION FOR:

MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-ROUTINE MAINTENANCE ACTIVITIES, SANTA CLARA AND SAN MATEO COUNTIES

The California Regional Water Quality Control Board, San Franciseo Bay Region, hereinafter the Regional Water Board, finds that:

I, ' the Midpeninsula Regional Open Space District (hereinafter Discharger) ptoposes to conduct routine maintenance activities on 50,112 acres ofland within Santa Clara and San Mateo Counties within the jurisdiction of the Regional Water Board, Projects may involve specified streams, creeks, channels, catchment basins, seeps, springs, ponds, and lakes, The purpose of the maintenance activities

, .is to protect water quality and quantity, reduce erosion, and to maintain and enhance natural resources.

2. Routine maintenance activities would occur in several watersheds within San . , Mateo and Santa Clara Counties including Pilarcitos, Pomponio, Purisima, ;;Butano, Lobitas, TuIiitas, Pescadero and San Gregorio creeks watersheds that drain to the Pacific Ocean; and Matadero, Permanente, Saratoga, Calabazas, San Francisquito, Stevens, and (Soyote creeks and the Guadalupe River watersheds that drain to San Francisco Bay. A complete list of 118 creeks where routine maintenance' activities could occur is contained in Attachment E. This Order applies to portions of these watersheds that are located within the jurisdiction of the Regional Water Board as shown in Attachment D,

3. The Discharger developed documents referred to as Activities that Constitute Routine Maintenance in Waterways,Ponds, and Lakes in the Midpeninsula

, Regional Open Space District Watersheds (Attachment A) and Best Management , Practices and Standard Operating Procedures for Routine Maintenance Activities , in Water Courses (Attachment B) datcd May 16, 2009,with assistance of Regional Waler Board staff, These documents describe program activities, impact avoidance measures, Best Management Practices (BMPs) and habitat restoration measures,

4. The need for specific projects covered by this Order is nortl1J!lly the result of stonnwater related erosion, channel down-cutting and sedimentati on problems resulting from high stream flow events. Activities that constitute routine maintenance activities (herein referred to as "routine maintenance activities") arc summarized in Attachment A and primarily consist of repair and maintenance of existing structures such as bridges, tmils, culverts, staging areas, parking Jots, roads, and water supply facilities; limited culvert replacement; installation of fences and gates;· minor gmding to improve dminage .and reduce erosion; trash and litter removal; and minor sediment removal from culverts, culvert outlets, ditches, and bridges.

5. The issuance of Waste Discharge Requirements (WDRs) and Water Quality Certification (WQC) serves to govern the Discharger's various routine maintenance activities for the purpose of maintaining and enhancing water quality, protecting fish and wildlife habitat, and maintaining trail, road, and drainage infrastructure.

6. The Discharger has received a Notification No. 1600-2007-0107-3 of Lake or Streambed Alteration, dated April 24, 2007, from the California Department of Fish and Game (CDF&G) concerning routine maintenance activities subject to State Fish and Game Code Section 1601.

7. The Discharger contacted the U.S. AOl1Y Corps of Engineers regarding proposed routine maintenance activities. The majority of proposed routine maintenance activities qualify for an exemption from U.S. Army Corps of Engineers regulations under 33 Code of Federal Regulations Section 323.4, Discharge Not Requiring a Pennit, specifically Exemptions 2 and 6. Some more complex routine maintenance activities may be authorized under the U.S, 'Army Corps of Engineers Nationwide .Pennits (NWP): NWP 3, Maintenance; NWP 13, Bank Stabilization; NWP IS, Minor Discharges; NWP 19, Minor Dredging; NWP 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities; NWP 37, Emergency Watershed Protection and Rehahilitation; NWP 40, Agricultural Activities; NWP 42, Recreational Facilities; or NWP 45, Repair of Upland Damaged by Discrete Events.

S. On March 24,2008. the Discharger filed an application for Waste Discharge Requirements and Water Quality Certification with the Regional Water Board. For the purposcs. of this Order, the Activities that Constitute Routine Maintenance (Attachment A) and the BMP manual (Attachment B), together with mquired Annual Notification of Proposed Projects, describe the range of activities that are pennitted under this Order.

9. Issuances ofa multi-year permit allows for streamlining of regulatory approval, increasing the efficient use of staff resources for the Regional Water Board and

2

, '"

the Discharger whilc allowing for review of all planned maintenance projects, In , , , addition, a multi-year permit will allow the Discharger to plan and budget for

routine maintenance on a fixed annual cycle.

Impacts and Mitigation Measures

10, Activities that constitute routine maintenance activities arc summarized in Attachment A and consist of the following main categories:

• 'Facilities maintenance including roads, trails, bridges, culverts, and water supply facilities

• ' Vegetation managementincluding large woody debris management • Stream bank stabilization

11. Routine facilities maintenance refers to repair and maintenance of existing bridges, trails, culverts, staging areas, parking lots, roads, and water supply facilities, Facilities maintimancc activities may include limited culvert replacement with in-kind structures to convey peak stream flows; trail brushing, installation offences and gates; and grading of up to 2,000 square feet (0,05 acres) to improve drainage and reduce erosion,

12. Vegetation management refers to mowing, manual removal, prescribed fire, "herbicide use, bio-control (i.e. livestock, or natural predator insects), shading,

removal of trees that may impact park facilities, and replanting of vegetation. Herbicide application will be either spot spraying with backpack spraycrs, coating

, recently cut stUmps, or use of wick applicators on steep slopes. Thc use of herbicides for rontine maintenance within the aquatic or riparian areas will be 'restricted to the Integrated Pest Management approached outline in Attachment B.

13. Bank stabilization involves the repair and stabilization of small bank and streambed when a weakened, unstable, or failing bank causes or threatens damage to an adjacent property; generates erosion which increases downstream sediment yields; impacts'riparian habitat and/or other natural resource values; increases the flood hazard; threatehs public safety; or impairs roads, transportation, or aceess.

14, Routine maintenance activities proposed under this Order are small in scale. The , footprint of individual projects will not exceed 2,000 square feet (0.05 acres) or

, 150 linear feet for anyone project, except clearing of inboard ditches when necessary to prevent or reduce diversion potential to road and trail systems. Projects over 150 feet in length or adjacent projects implemented within 3 calendar years totaling over 150 feet in length would require separate notification to the Board. Individual projects will not exceed a total of 25 cubic yards of cut material and 25 cubic yards of fill material. Projects solely consisting of clearing of inboard ditches, when necessary to reduce road and trail erosion, are not 'limited to 150 linear feet.

3

15. Routine maintenance activities proposed under this Order will not be performed in perennial, intermittent and ephemeral streams that are known to contain anadromous fish.

16. J-or most bank stabilization and sediment removal projects, excavators are used from the top-of-bank. For projects where the use of excavators from the top-ofbank is not possible, or would cause major vegetation impacts, equipment may be used within the channel when it is dry naturally or the flows bypassed.

17. Vegetation management techniques include removal using small hand tools and hand-held equipment, mechanical removal using heavy equipment like a flail mower attached 10 an excavator, and spot chemical control on trcc stumps and· along access roads.

18. AU staging will occur on adjacent access roads or previously disturbed areas. Soil amI rip-rap will be staged in areas that have been previously disturbed (Le., service road, turn-outs, etc). If repair activities affect the active channel, the work are.a will be isolated from flowing stream segments using silt fences, wattles, and/or cofferdams and restored to pre-project conditions after maintenance is complete.

19. The Activities that Constitute Routine Maintenance in Waterways, Ponds, and Lakes (Attachment A) and Best Management Practices and Standard Operating Procedures (Attachment B) includes planning guidelines or principles to determine how, where, and when routine maintenance activities should occur. These principles are used in the development of each year's maintenance work plan, prior to any work. When applied, these principles consider the nat\jral function ofth.c system, provide an understanding of local physical constraints, identifY sensitive habitats, consider watershed processes, detennine when action is needed, identifY maintenance activities needed, and strive to recognize and implement solutions to minimize the on-going need for maintenance activities.

20.,·, The Activities that Constitute Routine Maintenance in Waterways, Ponds, and Lakes have been proposed in conformance with Department of Fish and Game Lake and Streambed Alteration Notification No. 1600-2007-0107-3 to minimize detrimental impacts to beneficial uses. Maintenance of bridge and culvert, stream bank stabilization, vegetation management and habitat enhancement will reduce the amount of sediment delivered to maintained channels and will enhance habitat for rare and endangered species.

21. Most Routine maintenance activities under this. Order will be conducted in a manner that results in no net loss of wetlands, some may,require on-site mitigation consistent with the State's 'no net loss" wetland policy. All wetland mitigation activities shall occur within the Discharger's jurisdiction. Wetland

4

impacts and mitigations associateq with individual projects will be accounted for by acreage, linear feet, and typc and will be reported to the Board annually.

Reporting Wetland Tracker System

22. It has been determined through regional, state, and national studies that tracking of mitigation/restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. In addition, to effectively carry out the State's No Net Loss Policy for wetlands, the State needs to closely track both wetland losses and mitigationlrestoration project success. Therefore, we require that the Discharger use the Wetland Tracker Standard Form to pro"ide Project information related to impacts and mitigation/restoration measures (see Provision E.32 and E.33 oflhis Order). An electronic copy of the form and instructions can be downloaded at: http://www.waterboards.ea.gov/sanfranciscobayleerts.shtml Project information conccrning impacts and mitigationirestoration will be made available at the web link: http://wetlandtracker.org

Regulatory Framework

23. The Water Quality Control Plan for thl;' San Francisco Bay Basin (Basin Plan) is the Board's master water quality control planning document. It designates bencficialnses and water quality objectives for waters of the State, including surface waters and groundwater. It also includes implementation plans to achieve water quality objectives. The Basin Plan was duly adopted by the Water Board and approved by the State Water Resources Control Board, Office of Administrative Law and the U.S. EPA, where required.

24. The Basin Plan lists thc following existing and potential beneficial uses for surfaces waters in San Mateo CO)lnty and Santa Clara Counties within the jurisdiction ofthe Regional Water Board. The Discharger conducts maintenance activities on an cstimated 118 creeks within the following watersheds: Butano, pilarcitos, Pomponio, Purisima, Lobitas, Tunitas, Pescadero, San Gregorio, Matadcro, Permanente, Saratoga, Calabazas, San Francisquito, Stevens, Coyote creeks and the Guadalupe River with the following designated beneficial uses:.

a. Agricultural Supply (AGR) b. Cold Freshwater Habitat (COLD) c. Freshwater Replenishment (FRSH) d. Groundwater Recharge (GWR) e. Fish Migration (MIGR) . f. M4nicipal and Domestic Supp ly (MUN) g. Navigation (NAV) h. Rare, Threatened, or Endangcred Species (RARE) 1. Water Contact Recreation CREC-I) . j. Non-contact Water Recreation (REC-2) k. Fish Spawning (SPWN) l. Warm Freshwater Habitat (WARM)

5

m. Wildlife Habitat (WILD)

Sediment management, vegetation management, and bank stabilization activities could temporarily impact beneficial uses of waters of the State for:

. a. Warm Freshwater Habitat (WARM) b. Cold Freshwater Habitat(COLD) e. Wildlife Habitat (WILD) d. Rare, Threatened, or Endangered Species (RARE) e. Fish Migration (MIGR) f. Fish Spawning (SPWN)

25. The following groundwater basins support the beneficial uses listed below. This includes; San Mateo Plain, Santa Clara ValleY/Coyote Valley, and San Gregorio Valley.

a. Agricultural Supply (AGR) b. Industrial Service Supply (IND) c. Industrial Process Supply (PROC) d. Municipal and Domestic Supply (MUN)

26. The following water bodies that could bc affected by routine maintenance activities uilder this Order are identified as impaired on the Clean Water Act Section 303(d) list for the pollutants listed:

I Impaired Wator Body Pollutant

Guadalupe Creek Mercury ... _M __ ..... -

PescarderoCreek Sediment/siltation ~-~-... J! San Francisquito Creek Sediment/siltation ,

I Sediment/siltation ---------- .-~

San GregorioCreck Colifonn bacteria

Stevens. Creek i Toxicity

Stevens Creek Reservoir I Chlordane / Mercury

! : PCB (polychlorinated biphenyl)

27. Lower San Francisco Bay, which is a receiving water body for sofie of the creeks listed above, is identified as impaired on the Clean Water Act Section 303(d) list and is listed as impaired for Chlordane, DDT, Dieldrin, Dioxin compounds, Exotic Species, Furan Compounds, Mercury, PCBs, and Selenium.

28. On June 1,2007, the County of Santa Clara issued a Notice of Exemption (NOE) for maintenance activities in portions of Santa Clara County, San Mateo County, and Santa Cruz County. The NOE certifies that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to:

6

• Section 15301 for the operation, repair maintenance, or minor alteration 0 f existing structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion or use;

• Section 15302 for the replacement or reconstruction of existing structures . and facilities on the same site having substantially the same purpose and capacity; and

• Section 15311 for small habitat restoration projects less than 5 acres.

29. Pursuant to Title 23, California Code of Regulations Sections 3857 and 3859 the Regional Water Board is issuing Waste Discharge Requirements and Water Quality Certification for routine maintenance activities proposed by the Discharger as described in Attachment A.

30. The Regional Water Board has notified the Discharger and interested parties of its intent to issue Waste Discharge Requirementsand Water Quality Certification for routine maintenance activities.

31. The Regional Water Board, in a public meeting, heard and considered all comments pertaining to this Order. .

IT IS HEREBY ORDERED that the Midpeninsula Regional Open Space District (Discharger), in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, shall comply with the following:

A. Discharge Prohibitions

I. The direct or indirect discharge of wastes, as defined in Section 13050(d) of the . California Water Code, within.or outside of the active project site, to surface

waters or surface water drainage courses is prohibited, except as authorized in this Order ..

. 2. The dischargc shall not c,ause degradation of water quality and beneficial uses.

3. .. Excavated sediment shall remain within designated disposal arcas at all times. The designated disposal areas are: (a) any off-site, authorized temporary or permanent location maintained in compliance with federal and state regulations, (b) anyon-site, authorized temporary or permanent location, provided material' will be isolated and contained to prevent impacts to waters ofthe State and their beneficial uses, or ( c) a pernJitted landfill.

4. The dischargeofsedimcnt and runoff/decant water that exceeds etlluent limits, from excavated materials disposed of at any temporary or permanent disposal site, to waters of the State, is prohibited.

7

5. Maintenance activities subject to these requirements shall not cause a condition of pollution or nuisance as defined in Section 13050 (I) and (m), respectively, ofthe Calif9rriia Water Code.

6. Groundwater beneficial uses shall not be degraded as a result of routine maintenance activities.

7. No debris, soil, silt, sand, cement, concrete, or washings thereof, or other construction related materials or wastes, oil or petroleum products or other organic or earthen material shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into watersofthe State. When operations are completed, any excess material shall be removed from the work area and any

, areas adjacent to the work area where such material may be washed into waters of the State.

B. Discharge Specifu:ations

I. . Appropriate soit~osion control measures shall be undertaken and maintained to prevent discharge of sediment to surface waters or surface water drainage courses.

2. Excavated material shall be fully contained to prevent any wind transport, surface run6iT or erosion into waters Of the state. At no point within the containment area shall the elevation of sediment exceed that of the containment levees.

3. In accordance with Section 13260 of the California Water Code, the Discharger shall.(ile a report with this Regional Water Board of any material change or

"proposed change in the character, location, or volume of the discharge. Any proposed material change in the operation shall be reported to the Executive Officer at least two weeks in advance of implementation of any such proposal.

4. The responsible representative of the Discharger shall immediately and in no CilBO

no more than 24 hours, notifY the Regional Water Board staff by telephone . whenever an adverse condition occurs as a rcsultof this discharge. An adverse

condition includes, but is not limited to, a violation or threatened violation of the requirements of this Order, significant spill of petroleum products or toxic chemicals, or damage to control facilities that could affect compliance. Pursuant to Section 13267(b) of the California Water Code, a written notification of the adverse condition shall be submitted to the Regional Water Board within five days Qfoccurrence. The written notification shall identifY the adverse condition, describe the actions necessary to remedy the condition, and specifY a timetable, .subject to the modifications of the Rcgional Water Board, for the remedial actions.

C. Effluent Limitations

. Excavated, material effluent (decant water) discharged from any permanent or , temporary disposal site located on the.project site or off the site, shall not exceed

the following numeric and narrative limits at any time:

8

P.. "

•

I. Numeric Limits

i) pH 6.5 - 8.5

ii) Settleable Matter <1.0 mi/l-hr

2. Narrative Limits

a. Waters shall not contain suspended material in concentrations that cause nuisance or adversely affect beneficial uses; and

b. All water shall be free from dissolved sulfide concentrations abovc natural background levels.

D. Receiving Water Limitations

I. Work in and around the stream channel shall not cause the following conditions to exist in waters of the State at anyplace:

a.

b.

c.

d.

e.

f.

g. ,

Waters shall not contain floating material, including solids, liquids, foams, and scum, in concentrations that cause nuisance or adversely affect beneficial uses.;

Waters shall not contain oils, greases, waxes, or other materials in concentrations that result in a visible film or coating on the surface of the \vater or on objects in the water, that cause nuisance, or that otherwise adversely affect beneficial uses;

Waters shall not contain biostimulatory substances in concentration that promote aquatic growth to the extent that such growth cause nuisance or adversely affect beneficial uses;

Waters shall be maintained free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life;

There shall be no alteration of temperature, turbidity, or apparent color beyond present natural background levels;

Dissolved Oxygen, with the following beneficial use designations, shall not be reduced below the following minimums in the receiving water from the point of discharge;

Routine maintenance activities shall not cause the following limits to be exceeded in waters of ti)e State at any point:

9

a. Dissolved Oxygen:

b. Dissolved Sulfide:

e.pH:

d. Toxicity:

e. Un-ionized Ammonia:

f. Salinity:

. g. Turbidity

5.0 (WARM) or 7.0 (COLD) mgll minimum. When natural factors cause lesser concentrations, then this discharge shall not cause further reduction in the concentration of dissol ved oxygen.

All water shall be free from dissolved sulfide concentrations above natural background levels. Concentrations of only a few hundredths of a milligram per liter can cause a noticeable odor or be toxic to aquatic life. Violation of the sulfide objective will reflect violation of dissolved oxygen objeetives as sulfides cannot exist to a significant degree in an oxygenated environment.

A variation of natural ambient pH by more than 0.5 pH units.

All, waters shall be maintained free of toxic substances in concentrations that are lethal to or that produce other detrimental responses in aquatic organisms.

0.025 mglL as N, annual median; and 0.16 mglL as N, maximum.

The project shall not increase total dissolved solids or salinity to adversely affect henefIcial uses

Waters shall be free of changes in turbidity that cause nuisance or adversely affect beneficial uses, Increases from normal background light penetration or turbidity relatable to waste discharge shall not be greater than 10 percent in areas where natural turbidity is greater than

·50NTU;

3. The discharge shall not cause a violatiqn of any particular water quality standard for reeciving waters adopted by the Regional Water Board or the State Water Board as required by the Clean Water Aet and regulations adopted thereunder. If more stringent applicable water quality standards are promulgated or approved pursuant to Section 303 ofthc Clean Water Act, or amendments thereto, the Regional Water Board will revise and modify this Order in accordance with such more stringent standards.

10

Davis, Phyllis

From:

Sent:

To;

Jerry Serpa [[email protected]

Tuesday, April 13. 2010 8:57 AM

Council, City

Cc: 'Jenn Viane Riese'; 'Allan Thompson'

Subject: Wildfire AWareness Week. May 2-8, 2010

Attachments: SCFSC CAL FIRE Why 100 Feet.pdf

Dear Mayor and Council Members,

Page 1 of2

Wildfire Awareness Week is May 2nd_81h this year. Because your district includes Wildland Urban Interface areas, the Santa Clara County FireSafe Council would appreciate it if you would consider forwarding the Wildfire Awareness Week message below to your constituents andlor posting it on your Web site.

· A re!ated graphic is attached if you can use it.

Please don't hesitate to contact me if you have questions.

Thanks,

· Jerry Serpa · President, Santa Clara County FireSafe Council Phone (408) 975-9591 WIf/W.SCCEreSafe ... Q[g ,!eITY.S.@';;;~CFirefulfe.org

--- Start of Wildfire Awareness Week Message --

Wildfire Awareness Week 2010 Santa CI~ra County FireSafe Council Plans to Raise Awareness of Wildfire Prevention and Safety

c .~,'~ -'I .. __ , -f~ .

Governor Arnold Schwarzenegger and CAL FIRE have named May 2nd_81h as Wildfire Awareness Week this year. Fire departments and fire safe councils throughout Ihe state of California are educating the public about the need to create Defensible Space and practice fire safety In our parks and wildland areas.

Locally, the Santa Clara County FireSafe Council, a non-profit organization dedicated to wildfire prevention, is working wltl1local fire agencies and other partners to reach out to residents and homeowners about the importan~ of creating and maintaining Defensible Space, and being fire safe. In 2009, our Chipping Program accomplishments include protecting 2,780 homes, 8,240 people, and $2.7 Billion in property values. We expect to significantly increase these values again in 2010.

As we've witnessed in recent years, Santa Clara County is not immune to the devastating effects of wildfires. With summer - and Wildfire Season - around the corner, residents should begin planning how to create and maintain Defensible Space and consider ways to improve their community's fire safety.

Wildfire Awareness Week is sponsored annually by the California Fire Safe Council, CAL FIRE and. locally, by the Santa Clara County FireSafe Council and fire protection agencies in Santa Clara County.

If you live in the hillside (or Wildland Urban Interface) areas around Santa Clara County, the Santa Clara County FireSafe Council has resources available to assist you to keep YOUR home Fire Safe. A recantly revised 20-page, step-by-step guide for homeowners and residents is available on-line or by calling (408) 975-9591. The guide, Living With Fire In Santa Clara County, is available at www.sccfires<lfe.orgiFireSafeILlvil}gWithFire.htm and includes recently updated information on creating Defensible Space, fire resistant plants and roofing materials.

The Santa Clara County FireSafe Council meets at 2:00 PM on the second Tuesday of each month.

411312010

DATE: April 12, 2010

TO:

Office of the City Clerk MEMORANDUM

ICOUNCIL MEETING +12:10

I1J Placed Before Meeting " [l ReceIved at Meeting

FROM:

Council Members J 11 ~ Donna J. Grider, City Clerk, MMC tKJ!lUALtl

SUBJECT: Corrections to Minutes of March 22, 2010

Please note corrections to the minutes of March 22,2010 as noted below:

Page 2, fifth paragraph

Council Member Price requested that the joint meeting include: 1) an informational presentation about the details of the Cubberley contractual agreement between the City and PAUSDj and a broad discussion on the current and future planned uses at Cubberley Community Center.

Davis, Phyllis

From: abjpd 1@juno,com

Sent: Tuesday, April 13, 20105:26 PM

liiP -MAPf? 14

Page 1 01'2

AN 8: 20

[email protected]; [email protected]; PlaY$v,ib'ilS~b~IQbal,nel; jessen@redwoodtree,nel; [email protected]; wdbarber3@yahoo:c'61il~ ~ CFF/CE svdebug@newamericamedia .. org; charissedomingo@gmail,com; [email protected]; public.records.request.tracking@gmail,com; [email protected]; [email protected]

Subject: FYI: Lawyers & others to the doug minkler show --please read below and come to Doug's show

Attachments: postcardem2.jpg

Please note: forwarded message attached

Hi, Bob Bloom 1'<) U1

I hope this finds you well. I wanted to be sure to send you this invitation to Doug's art show at La Pen a Cultural Center. 1 hope you can come to the reception on Saturday, April 17, 4:00 p.rn: -6:00 p.m. He will be showing pieces covering 40 years of work. La Pena is located at 3105 Shattuck Ave between Prince and Woolsey. I will be there helping him sell some work. 1 hope to see you there.

Best wishes,

Susan'

'. P.S. Doug has a friend who is a lawyer, Aram James, and the two of them have created a series of posters on legal issues, e.g., "Little Money, Little Law," "Ban Tasers Now," "Jury Nullification," "Three Strikes," and many more; and he has been commissioned by the Lawyers Guild to create posters. If you have friends-lawyers or activists-who you think would enjoy seeing the art show and/or coming to the reception to meet him, please send this e-mail invitation offta them.

Invitation to: 30 Yrs of New Work

My art show, 30 Yrs of New Work, opel1son April 2nd. The reception is scheduled for Saturday April 17th, 4 - 6 p.m. I hope that I will see you then, if not, the work will be on exhibit for one month between April 2 and May 1. There will be several just-completed posters as well as several prints from the 60's and 70's that have never been shown. (I guess I should have titled the show 40 Years of New Work.) The viewing hours for the show at the Cafe and Lobby areas are:

4114/2010

Wednesday & Thursday: 5:30 - 9:30 p.m.

Fridays: 11 a.m. - 10:30 p.m.

Saturdays: 11 a.m. - 10:30 p.m.

Sundays: 11 a.m. - 9:30 p.m.

Page 2 of2

To all my organizers-with-lists friends, please pass this information to anyone you think would like to see the show. Also, below is a short introduction/bio to the 60's and 70's draft-dodging, union-organizing section of the show. Please excuse any multiple sends.

doug minkler

Partial Artist Bio-80's and 70's-Doug Minkler

Most of the art I created in the 60's did not reflect my developing political consciousness, but, . while attending Foothill Community College, in 1969, I did receive an award for a ceramic bust depicting my Napalm-burned head, complete with my singed draft card. I dropped out of Foothill in protest to the unfair practice of allowing upper and middle class students a free pass out of the war while forcing working class young people into military service in Vietnam.

Some of the work shown here was created in the 70's at California State University, East Bay (formerly, Hayward State) where I studied art for a year and a half. One semester short of graduating. I felt compelled to focus on art full-time so I dropped out of college and used my student loan money to continue my art education through self-directed "home-schooling." After the student loan money ran out, I began a variety of industrial jobs to support my family and purchase art supplies for my paintings. I soon found myself fighting for worker rights by participating in contract negotiations, union organizing and strikes. In 1979, after eight years of industrial work, and its concomitant exposure to toxic chemicals, I returned to the art department at Hayward State to complete my SA degree in the hope of getting a job teaching art. I only had two remaining courses: Advanced Painting and Advanced P[intmaking. The instructor for the painting class (after delivering a passionate lecture about artistic freedom) informed me that my work was propaganda-not art-. and it had no place in the university. The instructor for the printmaking class told me that if he gave me credit for .the work I was proposing for my independent study credits, his non-citizen status in the U.S. would be put at risk. I dropped out of college for the third and last time.

In 1972, despite my non-student status,Gordon Holler, my former Foothill College art instructor, was kind enough to provide me with a silkcscreen and squeegee, along with excellent printing instruction. My first silk-screen posters (shown here) were inspired by both the Vietnam anti-war movement and the factorYcorganizing work in which I was involved. The lessons ·from my 60's and 70's draft-dogging and union-organizing days continue to guide my work today.

4/1412010

•

Doug Minkler 30 Yrs of New Work

April 2 - May 1 2010

Opening Reception: Sat., April 17th, 4-6pm

La Pefta Cultural Center 3105 Shattuck Avenue

Berkeley, CA 94705 USA

510-849-2568

www.lapena.org

To see more Images, go to dmlnkler,com "'Those who have tbe ptMlege to know, hay. the duty tOe M~."

lilt",: EinstMt

r~o ... ,', .1N,e,',R~,-!pr!nlS "1",1);5; I,:OPY IS 11.11 'lOW pe'::"Jr1<LL nOrl,C\)il1if:0fCQt LI~G ~ll)11 -r ,.., N(ler pro_~erWll")Ii- r(';a~1y r;opl(~s for (hMnbuilO!~ I(l ycn,; Ui,i<~il~lU\'" ')'1,fl1<.; ,;f CI):-;.I()t1h,;r~; usC' t~H) OI-d(~1 Rc:prml:o i_DOl iH [))C nonor:l ~1r dny <!'IICi2 0r V-$,I '-,·,'.~"-..Ir \"!)CP: ,.t,_,_,.y"

,'1,PHii .. I 20"10

Cash-Poor Cities Take On Unions

LOS ANG1U.ES-,,·lVla)'ol' Antonio Vlllnraigosil once organized for a teacher's lllliOl1 hen\ and Jater ran a ImUlch of the American Federation oJ eovl.'rnmenl Em ploy"es. Tha! makes hilll all unlikely "t\vocale for <'lIlling lhe benefils ofthe city's IVOrl;,,!'S.

Bill witll till' cit) .. raciJ1~, a hudgel defic,itlhal could drain it' ]'eservc's by SlImn",!', Mayo]' Vi'llilrnigosn wants to rc--open c..',ontrael talks' wilh 45/)00 cops, firel1ghter.s, librariuns and other ci Iy ('Ill plo),,,,,s ill hopes of persuading I hem 10 cO.lllrilmlc more 10 ! hdr pensiolls alld heal til-earl'

cosls. His deputy ehil~r of st'iJi'f, Matt Szabo. pUIs il' bluntly: "Unions have priced themselves out of

a joh."

N a! ;ollwidc. polil ida llS \onkiug for b lldgel (~lIls are coni'ron I illg pol i tically pnWel'flllllllinl'ls lila I rl-~pl'C'selll Klatt' and \oct·iI government employees 1,5% of U,S. \\-'orkl'l's and ol'g~nizec.llabor's

hig~e.st str(lngh()j(l.

In Memphis, the. eilY'.s hcaILh~ean~ eOJTll11iUre n?eent1~,· l'eeOIlHllCnd(!d I·;:ti$in~ CllJ'Tf!l1hmd I'etin~d

CJllpJo)\~esl ilea.Ith-insllJ'anCC.11remiuJ11s hyu:1llludl as I[)% . .'\lld Toledo's cily ('olillcilla:->t week wrung $~~ .. lll1i1Iion in ~~ol1ee.s~.dOIl$ frolll its rircfighten;' union as part. ora I1waSllJ'C lo clnsp i'ls

1:11H.lgl!1' gap,

Similar lhillgS are happening at rile :·d,a1e le\'(~1. Over the past "l\,'O years) 17 13tates have t.'lll 1;"lIefils for employees or inereased the llmounilital individual, H1usleolllrillllle to their Jwnsioll pJ;lIJs. 'rhrl'l~ of lhose 'Ial(,s--Kelll,,,~ky, Texas and Vermolll- ,did hUll'.. a"cording 10 lile Pc\\' Cenle!' lin the Sllltes, 11 public-polk)' think lank.

AI the l"'''rl of this light i,~ lnlllilbalanccd eqllalion: The CCOIHll1lY is' shrinking (,iti",;' and statcs' lax inenme n.o:: lheir pension and hcn1th-cuIT co.sls ha\'(' soared, As n H'stilt, some governments

;:-\ IT din.'rlillg Jl)(llWY (!'lJI1I SClyic'cs 10 cover hl'llc(i1.S, or t'aislllg laxes l\ 11(1 fees, 'I'hal doe~m'l sit

well with some I'axpa:.'('rs mall)' rrur.;tral.ed al s("ejng their OWll bCIlCfiLs bCjllg cul h\ privnlt'

S('c! or em plovers.

So govcrnmenls are seeking ellts in lllli(ITI benefits long considered saerosnnct, "l'llis has risks, Puhlic-employee Ilninl1K are among t.he biggest pnlitic,d spenders. Hnd lildr lll('lnbert' volt' III

tlmv"s. Also. wiling bendits ('onld llli.lke itto,,);II"1' 10 keep the hest l'mploycl's.

11 is lough In compare governmenl par to private-sector pa~'hec:Hlsu Hwny govl"l'nnH'lll

j()hs .. "-·rirefigbtl~1";,), police {)ffil~ers-·"dol1't. have privale couIlU'rpnrls. Btll, on in'erage, gllrernrnenl'

workers Illi1kc more. jn wages and hendllt'. III DcccIl.tber, sl~llc ;Jnd local governments spent all

nveragl'.~ of $:)9.60 in \'111Y,C5 and hcnefib pl.:'.r 110u1' wnrhed olllheir l'lnployce.s, vcr,slLS an aw'ragc

• lIlt' fight over benefits rcpn~senl$ a definlng mmnenf" for J1l1hHt eUlptoYf't'S and thdl' unions,

Government is by hll' the BlOst uuionilcd sedor of the work force, .and Hl1}Ong the fmv pluet'fi lef!

vd1t:n: hlue-coDar \-\.'ork<,,'s C:l)n retil'(' \yilh trH\IHiol)allifeUn}t,~ }Jt'll.":;ioi)'s. ill 20091 the nation!;,: 7.9 milliun llllioni,.cu govermncllt workel'b' eclipsed I'Iw T1uml)pr of priv;:rt(>"$ertor unltU1 menlbers for IIH' fir::.llimc since I_he Lahor i)r:'partmenl begHn kc(;ping trt.!ck in H)8;3_

"\,Vhal cnme~ 0;11 of aJllhc$c llego1iatiolls \>"'iIl.';:cl the 1011(> for pub1ie elTlplo.ve(~0- i{)f a \\'hill\" say . .;

Ken ,)acoh" of the Center for' Labo1' Research and Edllcati(Ul at Uniwl'sily of Califol'llia, Berkekl.

In New.Jersey, outrage OV('J' "~talc (kli<:it, helped RelHlblie"n ellri" Christ ;(' deli,,, t incumben!

Democrat ,Jon ('orzil1t-, la~-;t N(wClnbf'L A few w(~l'k.:; afkr lvl!', Chris1ie's detolY, a QUlnnjpiac

Ul1ivr:n,lty poll found t'lmt three-fourths of st.:.~!e yoh:t's sHppnrt<'d n \\'age freeze for stale w01'ker:-.. nnd (}1% f,j\'OI'('.d Javoffs. Last 1lIouth, 00" Chri~tie sigH",l tl Act of bill' Il],,! would, illlWll)!, nlhel

thing!), cut pension belH:n ts for fu1nr(; employees.

Puhlie-.empl"yC(' unions argue Ibat it's uufair 10 pellali,,; Ihem fOl'I\ financ;,,] cl'.bi" that isn'llheir

fauir, They say c:il'i(~~ a Drl st~rl C}l are opportnnislically 1aking ad\'an lage' of a shorl-tenn ('!'isis !n

gll! benefil pla",; ill place fin' decades.

~"·ZY'.~,: jl'i.li'-~,.:i'K<\"1·HL(l ·j~i:J''..y'':'"':·:''(_' ii "i (

_Hl~5 f; t-:l ':""'1' 1> :--1"(\1"' '''_F! :"',<,:L "'" ~':'\ ;:.T'

!;(; .i,

~.:rHlly pl'J"ale-compan)'

workers have ~ce!llhl'ir

rdjt'(~ment acccn,mls <:;-!lri\'l'L "hill' public-sector henefit,

11«\,(' bcell relati\d\' llllsentlled. Definedl'onlribulion platls sHeh as

·1Ul(k), had ~::I,3:) trillion ill • .t~sd~ at the end nr :~OU(,L

dov,:!] ;lW) from S:iAB trilli\!Jl

in 2:oo(), according til tlw

Federal Rescrw, Sueh

ileCO'!.1nts haH~ lo~t va 1110:.' ('yell

though C'olllp(lllfe,o.,; ~\l1d

work('l'::-; tOntrihHt-l.~d S100

bii1ioll"""!, Ihal period.

The dEW in puhH(."'t-;cctOl' benefits ha0 ai.lraeted the ire 0(' CIUZt~ns like Paul NdsOll) a .st:nti-n,~!in·d

inveslor in Upper Saddle River, Pi,,)' '11!'. NC/&Oll, 59 years old, has" son a\ Norlh,ml H:~hla!lll,

Ih:giollHI High SehooL \,v-l-wre the pl'illcil)al say!{ the ,~(:hoollHiIY have hYetH teaehers <Illd iU{'l'i.'.be

dass siv.e, <JMost }lHblh' employees IwYe retirement and hetdtb-('arc plans thnl prh"l1('~seNor f'mpJoyee;-:, (',In only dn~am nf," sa~'<-; Mr. ,,"elson.

Vi rlualJy ;dl rull-ti 111\} sf a tt'·· and IOL'.aj·-gon.-'rnmeu1 (;1)) pJn,VCt'S h:;:1 \'l} ~i l:C l'SS 1D I'cti remcllt plllllS.

,,"d nlO,;1 are cmplo),'·l'-fuud<'d. \ly <:Ollll'i)sL only Ihro(' qUllrt!']', Dr (ull-lillle \\'ork"rs ill th"

priv-iJte sedor h(\\,(' ;H'CC,s-.'l to retln:lllcnt benefits,

'I,:,

,\1r. Knenir, is sponsoring a bill ill his stal(> that, OWl' the J)('xl s!'v('ral d<'l'Hdcs, would shin aWHY

from a defined-..bel1otlt' plan: where an ~'mployt1r put:; as rnuch nHJIH,~y into (J pen.<.;iull rund HS

"""tI"llo (:Over fulure l'etircml'l1liw,nei'ls. II would he replaced ",Iil a 40l(k)·lypc'ofpian

(similar I"lhost, !lOW III 1'1(1('(' al mallY private,sl'dol' employers) wilereWoTlwl's ,,"surb 11ll' nl:n-kt"fs ups and down;';,

~onH' arg.ut: that ju::;-1 bet.:\lUSt} t'UlTwnl~'i()ns ha\'~ tt'immed (!lllployee hellefil~ duesn'l H)ean the

g.ovenUlIenl shuuld ;lS \velL "There h~u\ hc.:"t'll an ~ltt~lek on American pl'ivale--se('tor wodH:rs nnd helleil Is, with '1 OJ (k)s l'epladng lTadiLiol'" I pcns;o"s," says Teresa Ghilaru!H'(,l fI prof!'ss"r a1the

:\,!\" Schonl for Sodal Resemch ill N(,w York Cily, "aud they ha "(' fuiled" at providing relirement

, .... l'I'llJ'ily .

. \llhl' 1'001 of gov('rnmvnl~l prohlems to(hlY ~_Irf' promises mndc ill}KLst decades. As a group, state

,11)d io('al govcrnme!lt~ have prmnisctl all ('stillliltcd S:-).:_~S trillim) in pensioJl.and health-cal'e

1>"II{'I1., lo be paid ovcr 1Ill' ttCX' tlwec ,boad"" hUI ill'e l'slilllHlcd 10 hn\'(' 70% of the mon,,' 10 {'ilyer lhogn payments, dl.;conHn;C;lo lIw Pew (\'-nter on the Stat('~. PCllt:>JOn and hCtlJLh costs (,Jll

cunsume ~~o% oLeity ,-l11d stat<> hudt~Cll;-.

Califnrni'l olrcr~ a view of the rallou!' Th" "talc's lurgesl

pensioll fund, the Calii()rnia Pnillie Ell, ploy"",;' ReliI'elllPlll

Sy.stC.Hl, known as C.alpcr~t if., ('$1'j1l1ilted to 11t, onl~' 57 fXl to 65%

i"lll1<led. f-l;n'llig suffered ll)'Ve.stllll'nl lo~s('.s in reecn1 years.

the slate Itas had 10 dip de,,!,!!1' into it.~ I','venues 10 make up the /"undi Ilg hap. Last year I a hudgd impasse forced Ihe stah~

10 iss"e JOU" ror taxpayel' refulicis,

II \v;:'\~"n't long ago thnl California was going the other wa!',

based 01] a tiilI<'I('nl sel of assumptiolls, [1'11999, the sldie',

DenlO(Tatll'-Controlk~lllegislHtlln; Htld tbcn··go\'(;l'llor Gra~'

])""is pussl'd " I"", expnmlill)S bl'uefits for IIlUll) Sial!'

C'mployee,', A pnJPosal prepared hy C;llpel'~--tl1t' S:!Oo hill ion

fund that t)Jimages iHOlWY for L6 tnillion of thr- sl(l.le's

crnllloyet'~"'J J'eliree~ an(] t11{'jf' henefielarlC's-·[ol'e.('astthnl thi."

hooslGd hend11s would be pllie! 1'01' enlirely hy investment

~aill~" "'f1Wrt: are imly t\-\'!) \Vily"S you can ha\<e tJllS" prnbJetn: One, tlw pr{)tni~l~d henefHs nrc too

i,:ig, or !\.\((}J 110t ('lRHTgh mont'V \\'a~ put a ".ray/' ,qays J)Hvid Cr(lne. spee1al (l(ivise:r for Go\', Arnnht

(".Iifol'ni"', ('ol1ll'ibutlon 10 its pnlllie·employee pension fUlld is projected at $3,5 billion in tile

fiscal yell!' starliug .Jull' 2[)ll,l, 4% oftIH.' state's gencl'al-rund budgel, Ih" hi~hest Pl'opo]'lio)( in si,ltt' histol'y,',

l!l I,os Angeles, tilt! ba Ill" is spi Iii ng into lite I'll bJic, i DC I utI; 11;\ ilt n noisy City CouncilllJcrli ng in

V,>hnwry. On the H~',('nda \\'~-lS ;1 pla.n to cut 1 ,noo \r1/or1wr;; (lJH:l reopen eOlllr~H'ls. HUlon Il1mnb(:l's tU!'1wd out to \'oi.ee OjJP(lSltioll.

,\1'1 Sweatman, a tree Hlll');eOll for lire nepal'lJl'H'1l1 of Puillic Works, showed up ",carin); baseball

'"

•

cap thai' IT:ad H'Dead",\'oo<.L" H \\-'as d ref{,'rel1~'e 10 conunen!s b:-' iVlnyor VmarHino.s~l last :-Tnr in whid~,he ~~aid a ne\\' t'arty-retirement program {'ould rid the dty of "clcad+'\'ood" emplo)cC's.

"\Vp have to let them knot,' we'n' here," say~ :\11'. S\·w~utmru\ 11 menl her of tbe Servj(~e Employees

I ntcrnntionnl Guion local 7~H, Ivlr. Swc£ll.man's nniol! says it is trying lorneet LJw eit.\' half '"ViI)'. L()(~al 721 liHs·agrec"'ti to eHrly~r'c>tll'cmel1t r1rograms Hnd·lurlou\Ah days, says excetttivc director

,John Tanner, bul it has resisted Itr",ltb or pension rollhacks, "Our goul waS to get lhnJll~h this h'ltllOul 1~}1JfL'1 or cos1-sbitUng on fwalth care/· he sa:-'s.

GovcninWnl b"nefit" are alin ost as old (JS gOl'ernnwnl i Iscl r, Mili la ry pensions sln'l('h hack 10 Ihe R(lIlHm}:mpil'c, prcdatinb prh'<ltc-s"e(or bl'nuf\i,; h," e('nIH!'i"" The lLS, nITe,:ed rcJirelllCnl pay

t\) soldiers who fm1llill in I he reyolutionary war, and ill' J 930 the [,('clera I govenllllcnly,lI),c

pcn;-.:ioHs to aU it:-.; 011l111oyces, PeIHdons at priv{lle-S{;d"or employer;; ('·am(} into wide,<.;pn:"<Hll1St.\

only aner World War JL

Lee Craig~,aH el~0110ln ics professor H t Nor, h Ca {'olilin :ita te U nivcr;.;iiy, $t~Ys prc~.%U I'e hu~ bepn

Imilding for YCllrS to cui 'government be,wfiL<;, with the finllncial el1,<;!s accelerating thaL "Their promi,;es have fin'llIy 01 I Istripped the growth of lheir lax bas",," he "a~'$,

Cnlifol'niri's S,ml"~\ muI,KIl'(l CounlY, ;l. ('.o:}stat arCH knO\vn {fu' wineries and Spanish Hl'(:hitet',ture a3

well a$ Miclmcl ,)ad,son's former Neverland R,mel" has seen tax revenues fall ovcr the P(lst Iht'"" yean;. TI~c ('ounly h:H; re.duecd its work force hy 7-5% and managemenl 8uhuies have heen fro/':cn :-;}'J'.t(:c 200H.

At a "'<wkshop r.ondnelcd by the county's execult-'e Oml'~', mpresl'llllttivcH [rom two d01.('n

d(;'p-aI'Lmenls"'~'lhe shcdff's ofJiee, Hll;ntal sCl'vict?:-i, aud publk work..,~ fIIi10ng othel'$"-·\vere required to sllggesl cnt~, The proposals inc.luded eliminating two SpHnicl;il·H:~peaking llltcq1rcters

i11Ihc,pubJie deJ'end"t"$ officl', <)jo,<ing il camp for delinquclliteenagp bo),slhat opened ill '94'1,

and 1'educ.ing stuff in 1:1 c;lild-abH~e pl'even!.iOJI prograrn, Anolher proposed mo\'(--; eould add four to Bix mon.~ wcek~ to l'he \vail for food s1.;'lInp...:;,

In Redding, C'aliL, the Iliayor and cily council are nshin.g eity v,nrken' tu contl'ihute 7% to 0% or Iheir salaries \1) Ilwir pension funds: currently lilt, city piek;; 'II' llHlI lah, Patriek .Jolle's, who nms

his faHli'lr\.;·guu·shop in 1HJditi(m fo s(\)'\'ing as p.nl"t-liuH: m;rYOf 1 ,soy:-: if1he eonnciJ doesu'1 win eOl"lr't!';=>sim)s it rllighl.'u"'w H Nbvembel' hallot initinLiv{: to ask vott";i'S to dernmltl (hat Iht,'" rtf} negotiate bcmei"lt cols, That lIHwe, he sHhl, \.youJtl gJVC the eily Im'erage hI any unJon negotiations. "\·V.<;'H: just trying tcq!,('l as nHlIly tools Hf> ]JossihJe lo qlli!'kt'n the 1ime it takes" lo gel eOll('cssion~,

ML ,lones ,[lVS,

On{' group tight ill!', ba"k in Redding is Ihe IntC"f);]liollal Brotherhood of Electrical Work(~l's"

whiell l'qn'esCllw 53 dectrical workers on the (,ill" payrolL 0"" rCccllt morning, a!loullwo dozen nwmhc"$ gathered in the "bull room," where linemen an<1 electricians meet 10 get lheir work assignnwntx Tbe workers list.ened to union represent" lin' Rav Thomas update lhem on t.he contract fight MI\ Thomas said be hasn"l any inlention of agreeing to benefil cuts, but told his

workc:l's not '·0 expeeJ Dutch.

A lllcmber of Ihe audience raised hi, hand and asked if it was Irue lhal dcpuiy slKriffs in

Californht state pension funds going broke, Stanford study finds

10f2

Stanford Report, AprilS, 2010

California state pension funds going broke, Stanford study finds New calculations by Stanford graduate students show that California's three main public employee pension funds are in more dire financial trouble than previously believed.

BY GWYNETH DICKEY

California public employee pensio n systems are worse off than anyone previously projected, according to a new report generated by five graduate students in Stanford's graduate Public Policy Program. The result could be greajer pressure on the state budget and a shortage of pension funds in the future.

"This is a really dire situation," graduate student Howard Bornstein said today at a press conference aj the Stanford Institute for Economic Policy Research (SIEPR), which is publishing the students' findings. "If we don't do something now, we're going to have major issues in just a few years."

LA Cicero

, '"."" ----. --""- .. - ""_.. ----- - - _ ... Students Howard Bornstein and Usha Wang spoke with reporters

Bornstein and his fellow graduate students examined public after a news conference wher.they and the olher members of

records of past performance of three pension funds - the 'heir ",seerch group announced 'heir flnangs about the stale

California Public Employees' Retirement System (CaIPERS), retirement system,

the California State Teachers' Retirement System (CaISTRS) and the University of California Retirement System (UCRS), which together administer pensions for approximately 2.6 million Californians.

The students ran computer simulations to predict the unfunded liabilities of the pension funds over the next 16 years.

Major Investment needed

"The simulation shows that the state would need to invest more than $200 billion, and possibly as much as $350 billion, today to return the fund to a minimum responsible level of funding," said Bornstein, who noted that the figure is apprOximately fo ur times the current state budget.

"It's an enormous number," said Joe Nation, a public policy lecturer at SIEPR and the adviser for the research team. He said it's important to look at the shortfall relative to state resources. Pension funds fluctuate with market performance, but state employees are guaranteed a fixed pension regardless. If the market performs poorly, the state is obligated to step in and provide the miSSing pension funds. That takes money away from other public projects, such as education and heaHhcare, Nation said.

"The students did an amazing job providing a better sense of unfunded liability for those three pension funds, and I hope observers out there will begin to understand that this is a financial train wreck that is not very far down the tracks," Nation said.

In the report, Bornstein and his fellow graduate students suggest policies to fix the shortfall and prevent a similar one in the future.

They propose that the managers of the pension funds project more realistiC rates of return, which would indicate higher liabilities in the future.

"The whole approach that the state currently uses is inherently flawed. They look at averages as opposed to a fan of outcomes," said Bornstein. "If you instead look at the range of outcomes in the future, you'd see there's over a 60 percent chance of a deficit greater than $250 billion for CalPERS alone. This is something that

417/20103:01 PM

Califor~~.~ta~e pehsi~n funds going broke, Stanford study finds http:// news.stanford.edu / news/WI 0/ april/ pension· fund-problem-04_

, really scares us."

The students suggest that the minimum level of caution should be for the pension systems to aim for an 80 percent probability of having at least 80 percent of the funds necessary to cover the pensions. They also advocate investing more conservatively, taking fewer risks.

"Funds in other parts of the country are in similar situations, and they are beginning to invest in riskier assets," Nation said. "Thefs exactly the wrong thing to do. If the market 'doesn't perform well, the taxpayer ends up paying."

Suggested fixes

The students suggest either reducing pension benefits or moving to a hybrid system in which retirees receive. a smaller fixad pension combined with a 401 (k)-style plan. This would relieve some of the burden on the state' and give employees more responsibility for their retirement. Two-thirds of Californians would support such a plan, according to a poll by the Public Policy Institute of California,

"The biggest challenge with this is making sure elected officials understand the seventy of the problem," Nation said. "It's a political hot potato and most politicians shy away from the issue because you offend a lot of the constituencies by acknowiedging the problem exists."

But, he said, citizens and institutions are increasingly aware of the situation and are speaking out.

"The University of California is engaged in this debate because they finally understand that as penSion fund benefits grow, there will be fewer dollars for higher education," Nation said.

The report was prepared forthe Office of Gov. Arnold Schwarzenegger as part of the Graduate Practicum in PubliC Policy, a two-quarter sequence required for master's degree students in the Public Policy and International Policy Studies programs.

SIEPR conducts research on important economic policy issues facing the United States and other countries. SIEPR's goal is to inform policymakers and to influence their decisions with long-term policy solutions.

Gwyneth Dickey is an intern at the Stanford News Service.

·'1

417/20103:01 PM

Page 1 of8

. / ~,'

Davis, Phyllis II./? From: abjpdl@juno,com

-mAP f\ r l;Af~ '. 8:2U'

Sent: Tuesday, April 13, 20106:00 PM. ,iTY'~ t:GE~!;i OfFICE

To: . [email protected]; denzen@umich,edu; Keene, James; [email protected]

Cc: Staiger, Steve; Council, City; public,records,requesUracking@gmaiLcom

Subject: Re: Request from Danieile Martell

Hi Danielle,

I have made no threats-- implied or otherwise-- to your friend-- James Staiger. I think he may want to consult an expert on this issue. Aram

Aram,

It appears you are now also blacklisted from the Palo Alto History Museum!!! Wow!!!.

-Danielle

~~~~------ Forw-arded message -----.---From: Stfligef1 Steve <5J.l:yc.Stl!igCfJ!!lb!.1yQfPJllQ!!l!9.,illg> Dale; Tue, Apr 13. 2010at 5:05 PM Sllbje<:t RE; Retlllesl rrorn Dnnie-Ile Martell To~ D Mortell <dm:llulo~ltQ@IDl!aitcO!:l'!>

I have answered your list of questions. Since it appears that your interest is not in furthering the interests of the Palo Alto History Musuem, but rather some personal agenda that is not of interest to me, I will spend my time and efforts on the History Museum and not in further dialog with you and your friends. I do not appreciate the implied threats that were just sent to me by your associate,

Good day, Steve Staiger

Danielle,

I almost always agree ( absent extraordinary circumstances) that straight answers is the best way to go ( except for maybe children ,who may, for some purposes, lleed to be sheltered). I suspect that history will bear me out in this regard.

4/14/2010

Page 2 of S

Aram

P,S, Please consider copying the city council, Ms, Holman, James Keene (our city manager) in on this important conversation, re the right of citizens to participate in their local community cultural activities-- even if the powers that be might attempt to keep those who they perceive to be on the margins out of sight and out of mind,

From: D Martell [mailto:dmpaloalto@gmail,eoml Sent: Tue 0411 3/2010 4: J 2 PM To: Staiger, Steve; Sstaiw:@pahistoIYffiuseUm,org Subject: Request from Danielle Martell

---------- Forwarded message ----------From: Staiger, Steve <Steve,staiger@ci1)'Qfp~loalto,org> Date: Tue, Apr 13,2010 at 2:14 PM Subject: RE: Request from Danielle Martell To: D Martell <[email protected]>

By that I meant that our letterhead would list the 15+ board members plus the 20+ advisory board members,

I have never seen your letterhead, Please, just answer my questions directly, and stop this double-talk,

From: D Martell [triailto:[email protected]]

Sent: Mon 0411212010 5:27 PM To: Staiger, Steve

Subject: Request from Danielle Mruiell

Steve Staiger President of the Board Palo Alto History Museum

Hi Steve,

To answer your April 12,2010 question, "what do I mean by 'mailings', I quote from your AprilS, 2010 email response below:

4/1412010

"4. Please see one of our mailings for the complete list."

I await your resonse to my April 10,2010 email below. Thank you.

-Danielle

Danielle Martell (650) 856-0700 dmI:[email protected]

--------- Forwarded message --------.-

From: Staiger, Steve <

[email protected]>.rg <mailto:Steve)';taiger@cityo[paloal\o.org> > Date: Thu, Apr 8,2010 at4:02 PM Subject: RE: Request from Danielle Martell To: D Martell <

1. There are none scheduled at present. 2. Board meetings are not open to the public. 3. I am the President of the Board.

4. Please see one of our mailings for the eomplete list.

5. There is no members at present (it is not presently a membership organization).

6. There are no seheduled fundraising events (as of today).

Page30f8

On Mon, Apr 12,2010 at 10:20 AM, Staiger, Steve <Steye.Stl:ljgc~ityofp!lloalto.org> wrote:

I do not understand what you mean by "mailings". Please explain.

-"'--"~--"-"--'-"--

From: D Martell [mailto:dmpJl.lQl)lto@W!li1.com]

Sent: Sat 0411 0/2010 12 :04 PM

4/14/2010

'r..

•

, To: Staiger, Steve; Sstaiger@pahi~tO!:ymuseum.o.rg, Subject: Request from Danielle Martell

Steve Staiger President of the Board PaJo Alto History Museum

Hi Steve,

Thank you for your prompt response and kind help.

Page 4 of8

Please clarifY and supply more complete answers to my below inquiries re Palo Alto History Museum (PAHM). Again, I have provided space below each numbered question for your answers; please answer under the appropriate question. Due to a severe truck collision, although I'm improving daily, my focus is not yet what it use to be and I truely need you to respond in the space designated below each question for easier comprehension.

I. After numerous requests to others, you are the first to step forward and inform me of existing PAHM "mailings"; I have had no previous knowledge of PAHM "mailings".

Because I have never seen your "mailings" and your site is inoperable, and because I seek information now, please identifY your Board Members now.

2. My address is as follows:

Danielle Martell PO Box 265 Palo Alto CA 94301

As President of the PAHM Board, will you please forward a COMPLE1E set of your "mailings" to me for my review, which I will catalogue into my personal life-long Palo Alto history archive?

3. Will you please let me know both when I can expect this complete set of "mailings" and when these "mailings" are in the post?

4. Will you please forward all future PAHM "mailings" to my address referenced above.

4114/2010

Page 5 of8

5. Identify who comprises the Nominating or Appointing committee for Board Members.

6. I was informed that an upcoming "Fundraiser Dinner" is scheduled to occur soon, and I was specifically not allowed to participate in its planning and specifically banned from attending.

Could this mysterious "Fundraiser Dinner" actually be a "Celebration Dinncr"?

7. If so, may I attend?

8. Identify any PAHM upcoming activities which I may attend and when they are scheduled to occur.

9. Y Oll are the fir·stto step forward and inform me thatthere are no P AHM members at present because PAHM is not presently a membership organization. FYI,.I was told repeatedly that P AHM is was a membership organization for which I was blacklisted.

IdentifY who comprises the list of PAHM volunteers?

10. Are there any PAHM group-activities which volunteers are allowed to attend?

Respectfully,

-Danielle

Danielle "Miss Palo Alto" Martell Palo Alto City Council Candidate, 2005

4/J 4/201 0

'1

---------- Forwarded message ----------From: Staiger, Steve <Sleve,Sl~~r@city~~lQ~lto,Qrg> Date: Thu, Apr 8, 2010 at 4:02 PM Subject: RE: Request from Danielle Martell To: D Martell <gm12l!loalto@g!l1ajLc_om>

I, Thcre are none scheduled at present

2, Board meetings are not open to the pUblic,

3. I am the President ofthe Board.

4, Please see one of our mailings for the complete list

5, There is no members at present (it is not presently a membership organization),

6, There are no scheduled fundraising events (as of today).

-~"---~

From: D Martell [maHto:

Sent: Thu 04/0812010 3 :28 PM To: Staiger, Steve;

Subject: Request from Danielle Martell

Mr. Steven Staiger

Palo Alto Historian

4/14/2010

Page 6 of8

Page 7 of8

Hi Steve,

Please supply answers to the below inquiries re Palo Alto History Museum, I have provided space below each numbered question for your answers; please answer under the appropriate question.

L when and where the History Museum's public meetings are scheduled to occur

2, when <)Ind where the Board meetings are scheduled to occur

3. identifY who Chairs the Board

4. identify who is on the Board

5. identify who is accountable for keeping track of membership roster and monies

6. when and where the upcoming flmdraiser is scheduled to occur

Respectfull y,

-Danielle

4114/2010

Page 80f8

•

. Danielle "Miss Palo Alto" Martell

Palo Alto City. Council Candidate, 2005

,

4/14/20]0

Page 1 of 1

Davis, Phyllis

From: Salmon, Charles [Charles_Salmon@intuitcomJ AMII:Q6 Sent: Wednesday, Apn114, 2010 11 :31 AM

To: Council, City r:CL".t,:,'d,

"I') v V'" t Getl"', Q(~fICE \., ! l !hJ"-\ IL: ,

Subject: Bike palh next to Adobe Creek


I have lived in midtown Palo Alto for eight years and have worked at Intuit in Mountain View forfive. I try to . ride my bike to work as often as I can. However, with the closure of the path by Adobe creek for six months every year, this is not easy. For the last four years, I have taken my chances riding over the San Antonio overpass when the path is closed. This past year I finally gave up on that as I finally realized that it is simply not safe. I drove my car across the bridge after dark in November (around 5:30 p.m.) during daylight standard time and saw a cyclist in front of me. It was clear I could not pass him without crossing into the oncoming lane of traffic. Even more unsafe for the cyclist is trying to negotiate the stream of traffic coming off 101 as you get to the west side of the freeway. No matter how many lights I festoon around my bike and body, crossing that gauntlet at night has begun to feel like a suicide mission.

When daylight savings time blessed us again this year, I vowed to start riding again, That same morning, I came across the overpass and saw an injured cyclist who had been hit by a car on his morning commute. That scotched my resolve until the creek path re-opens, Going up to the Embarcadero overpass adds miles to the commute and has its own problems, with which I will not bore you at this time.

I know the city has big budget problems and probably cannot afford any re-engineering of the underpass at present. But why close it at all? Iflhe path is flooded or muddy, aren't We able to decide on our own whether or not to use the path? Certainly streets and sidewalks and "above-ground" bike paths can get muddy and impassible, Why not allow us to make our own choice in this matter? I have checked the path a few times over this past winter and have only occaSionally seen it covered in water,

I genuinely prefer to bike to work. No doubt many others would do the same if we did not have to take our lives in our hands in doing it.

Thanks for your consideration.

Charles Salmon

4/14/2010

Davis, Phyllis

From: Sent: To:

Wayne Martin [[email protected] .' .. ,', ":. Wednesday, April 14, 201\)'1 )<,67' Atyl -. Council, City . ,. .' :;: 0 [J

Cc: Keene, James Subject: What Good Is The Palo Alto City Auditor?

What Good Is The Palo Alto City Auditor?

The city of palo Alto has had an Auditor since 1982. What has been the result of funding this office over the years? Every organization, including City Governments, should periodically review the effectiveness of each of its departments, and make changes in its organizational structure, as need be.

Looking at the Office of the Auditor:

There have been no effective audits of any/all of the major departments on a periodic basis, say every five years. There has been no Audit of the Palo Alto Utility, whose employees have been involved in nu~erous illegal acts, and which has usually 1s virtually no oversight the California PUC, and very limited oversight by the Federal Government, Any oversight that the ratepayers deserve, must come from the City of palo Alto,

There have been no framework established to determine the effectiveness of a street maintenance/refurbishing program (8). The 1998 "hundred million dollar backlog" report claimed that there was about $29 million of work to do on the streets at that time. Given that providing first-class transportation is one of the functions of government that everyone agrees with (rather than running a Childrens' Theater! or Children's Zoo, or a Children!s Art Program), the City Auditor should have, by now, instituted a review program for the City streets in terms of maintenance} quality~of-ride, and the coordination of so~called "street cutS!I.

The current infrastructure backlog, however is around $500-$550M. This $550 million number needs a "second opinion". All the projects on this list necessary? Are the prices listed ucosted outll reasonably? This is one of the projects that the Office of the Auditor should have been reviewed since its inception.

The Auditor has shown no evidence of understanding,IT systems. Modern IT systems have become quite complicated, and may not be as effectively utilized in the government sector as they might be utilized in the private sectOr. The current SAP system is very expensive, and may not be living up to its potential, By now, the Office of thc Auditor should have taken on the task of Auditing thc decision to as to whether to buy SAP software, and to have reviewed the SAP deployment plan, as well as the five-year IT technology plan--to further provide the taxpayer (and the City Council) the information they need to understand the process the City Manager(s) and the Department Beads used in the decision to purchase SAP.

While it does not make sense to change IT vendors frequently, there does come a point in time in any organization's existence where decisions must be made about large capital expenditures. Without a valid audit of the IT Department, at least every three to four years, decision-making involving tens of millions of dollars will be made by people who are not responsible for these decisions in any meaningful way. city Council Members cannot possibly be expected to be experts in Information Technology--so they will be making decisions that effectively reflect the decisions of managers that they did not hire. Certainly without an audit, this is nothing but a recipe for a financial disaster.

Public safety organizations need to be audited every five years with, a spot checks everyone to three years. These organizations generate a lot of data. The Auditor can. 'through the use of lldata mining U

1

techniques, find problems in these organizations that run from slow response times to individual fire crews and police officers, to detecting insufficient training at the (:~ individual officers/firefighter level. There is virtually nothing, that data mining can'l't "" do, given half a chance.

For an organization the size of the City of palo Alto, the office of the Auditor should be much larger, at least budget wise. There is no reason that the work of the Office of the Auditor need to be done by City Employees. It can just as easily be done by outsourcing to commercial Audit Houses. Over time, it stands to reason that in-house Auditors will become "friends" with city employees, and will end up being less effective at representing the taxpayers' interests, as they begin to see themselves more as "City employees" than "City Auditors".

In a well-crafted city government, the funding for auditing should be included in the funding for any "projects/service" funding. This means that for M million dollars of "Project/Service" funding, "n" thousand dollars of funding should be allocated automatically to Auditing .. This internal allocation should be floating, allowing more complicated projects to be allocated more dollars for auditing I than simple, or well understood, projects.

If we look back at the activity of the Office of the City Audi tor, we have to ask:

last 25 years? * What has been achieved in the * How much money has been spent • how much money has the Office

by the funding the office of the auditor of the Auditor save the taxpayers, through its

reviews and recommendations? * How have the auditors of other similar cities accomplished? * Why hasn't the office of the auditor audited the major departments

about the Palo Alto City government during the last 25 years? • What will it take to get the Auditor to audit these departments?

Lastly, if the answer to most of these

of the Palo can

questions leaves us, as residents, dissatisfied with the Office of the Auditor--why do we need to continue to fund this less than effective organization?

And in this day a budget reduction, if the Office of the Auditor cannot provide some evidence of a valid and significant Return-an-Investment of four-ten times the yearly cost to run the office l of what real value is it?

Personally, I would like to see the Office of the Auditor increased in size and scope -- -- with the ability to refer problems to the District Attorney. Unfortunately, under the current administration of the City of Palo Alto, the Office of the Auditor just simply a nice place where nice people to get well-paying jobs. Unfortunately, this Office doesn't really have much effect on saving money, or rendering effective services, "to the taxpayers of Palo Alto.

Council Members--it's within your power to do something about either forcing this department of the City government to become effective, or to shut it down. What are you going to do?

Wayne Martin palo Alto

I •

,l"

Davis, Phyllis

From: Pal Marriott [patmarriott@sbcglobaLnet)

Sent: Wednesday, April 14, 2010 11 :02 AM

To: Council, City :"j 1'" __ J 1 1

Cc; Keene, James

Subject: "Cherished" services . Council Members:

A quote from the Palo Alto Weekly at httrJl..!Jwww.pgloaltoonline.comLnews!shovLsJory.php?id",Jfi429

Page 1 of 1

"I think the public has spoken pretty loudly and clearly about how much they cherish the libraries," Holman said. "It's not a top priority for me -- changing the number of hours."

I always worry when I see words like "cherished" or "beloved" used to justify keeping a service. Are the police "cherished"? The public works road crews?

Cherished is not a criteria for what's most important. Public safety and infrastructure are what should be at the top of the priority list. Of course libraries are important, but when there's a budget deficit -- with more debt looming -- not everything can be preserved.

It would be benefiCial to residents to see the city manager's priority list and Council's. How can you determine what to cut if you don't have that list?

Pat Marriott

4/14/2010

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